DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Office Action is in response to the application filed December 29, 2022.
Claim Analysis
Summary of Claim 1:
A microcapsule type polycarboxylate superplasticizer wherein the microcapsule type polycarboxylate superplasticizer is in a form of a polycarboxylic acid aqueous solution encapsulated by a closed capsule;
the closed capsule is an organic/inorganic composite shell layer, and the organic/inorganic composite shell layer is a composite shell layer made from calcium ion gel of sodium alginate or gelatin, and calcium carbonate; and
the polycarboxylic acid comprises long-chain polyether, and a concentration of the
polycarboxylic acid aqueous solution is 15%-25%.
Claim Objections
Claims 1 and 3-4 are objected to for the following reasons:
As to Claim 1: It is suggested to change the claimed phrase “the polycarboxylic acid” to the new phrase “the polycarboxylic acid of the polycarboxylic acid aqueous solution.”
As to Claim 3: It recites the claimed phrase "--an inorganic salt aqueous solution phase; a compound inorganic salt is a mixture of at least one of ammonium sulfate, sodium sulfate, lithium sulfate or ammonium chloride, with sodium chloride in any proportion, wherein a mass concentration of the at least one of ammonium sulfate, sodium sulfate, lithium sulfate or ammonium chloride is 25% to 35% of the inorganic salt aqueous solution phase, and a mass concentration --". Applicants are advised to rephrase to " --an inorganic salt aqueous solution phase; wherein the inorganic salt aqueous solution phase comprises a compound inorganic salt that is a mixture of at least one of at least one of ammonium sulfate, sodium sulfate, lithium sulfate or ammonium chloride, with sodium chloride in any proportion, wherein the mass concentration of the at least one of ammonium sulfate, sodium sulfate, lithium sulfate or ammonium chloride is 25% to 35% of the inorganic salt aqueous solution phase, and the mass concentration --" (emphasis added).
As to Claim 4: The applicants are advised to change “claims 1” to “claim 1”.
Appropriate corrections are required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 1-4 use the term “type” in “a microcapsule type polycarboxylate superplasticizer.” The word “type” is considered indefinite because the specification does not provide any guidance, explanation or definition of the term “type” in the context of “a microcapsule type polycarboxylate superplasticizer” but merely repeats what is already in the claims (see, for example, paragraph [0013] of applicants’ published application, i.e., US PG PUB 2023/0287212). Thus, it is not clear what is included by the term “type” as recited in claims 1-4.
Claim 1 also recites “a concentration of the polycarboxylic acid aqueous solution is 15%-25%,” however it is unclear what the concentration is of and there is no unit to establish the basis for the percentage. For the purpose of examination, the claim will be interpreted to recite “a concentration of the polyether in the polycarboxylic acid aqueous solution is 15%-25% mass concentration.”
Additionally, as to claim 1, the term “long-chain polyether” is a relative term which renders the claim indefinite since the specification does not provide much guidance, explanation or definition but merely repeats what is already in the claim (see, for example, paragraph [0013] of applicants’ published application, i.e., US PG PUB 2023/0287212). Thus, it is not clear what is included by the claimed phrase “long-chain polyether”.
As to Claim 3, it recites the broad recitation “sodium chloride in any proportion”, and later in the same claim, it also recites “a mass concentration of the sodium chloride in the inorganic salt aqueous solution is 3% to 6%”. Thus, it is not clear whether the claim is limited to the broader “any proportion” of the sodium chloride or the more limiting amount, 3-6% mass concentration of the sodium chloride”. See MPEP § 2173.05(c) (A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired.)
Accordingly, the scope of these claims is deemed indefinite.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Zhen et al. (CN 111333789 A; cited in the IDS submitted on 09/18/2024; English translation incorporated herein; hereafter as “Zhen”) in view of Soens al. (US 2014/0248681 A1; hereafter as “Soens”).
Regarding Claim 1, Zhen teaches a microencapsulated polycarboxylate superplasticizer (corresponding to the claimed microcapsule type polycarboxylate superplasticizer) used in concrete applications [Claims 1-6; ¶ 0002], wherein the superplasticizer is in the form of an aqueous carboxylic acid solution comprising polyether with a long-side chain [Claim 1; ¶ 0014, 0022], covered (encapsulated) by a capsule shell [¶ 0013-0014]. Zhen also teaches that its microcapsule polycarboxylate superplasticizer can slowly release polycarboxylate molecules into concrete [¶ 0002].
However, Zhen does not specify its capsule shell as a closed capsule that is an organic/inorganic composite shell layer, wherein the shell layer is a composite shell layer made from calcium ion gel of sodium alginate or gelatin, and calcium carbonate as required by Claim 1.
Nevertheless, Soens teaches concrete containing microcapsules with a polymeric shell encapsulating a liquid core [Abstract; Claim 1], wherein said microcapsules comprise a polymeric shell made from gelatin [Claim 1] sodium alginate [¶ 0072-0076], which inherently comprises divalent cations such as calcium ions to form a gel, and therefore corresponds to the claimed calcium ion gel of sodium alginate1, and calcium carbonate [0104], corresponding to the organic/inorganic composite shell layer of Claim 1. Soens also teaches when the microcapsules rupture, they may disperse the contents of the liquid core into the surrounding concrete, thereby reducing the area of a defect in the concrete [Abstract].
Zhen and Soens are considered to be analogous art as the claimed invention, as all are in the same field of preparing microspheres with a polymeric shell that that releases its encapsulated contents into concrete.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the claimed particular microsphere shell taught by Soens as the capsule shell of the microencapsulated polycarboxylate superplasticizer of Zhen, with a reasonable expectation of successfully using the same for concrete applications.
Additionally, Zhen does not specifically mention the particular concentration of the polycarboxylic acid aqueous solution as recited in Claim 1.
Nevertheless, Zhen teaches too low a concentration of the polyether and carboxylic solution is not conducive to the formation of a two-phase aqueous system, while too high a concentration will make the system too viscous for concrete applications [¶ 0002 and 0029]. Therefore, the concentration of the solution can be optimized to reach the desired viscosity via a routine optimization. Accordingly, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to adjust the concentration of the polycarboxylic acid aqueous solution containing polyether and carboxylic acid for the purposes of obtaining desired viscosity levels for concrete applications as suggested by Zhen. See MPEP section 2144.05, IIB.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Zhen et al. (CN 111333789 A; cited in the IDS submitted on 09/18/2024; English translation incorporated herein; hereafter as “Zhen”) and Soens al. (US 2014/0248681 A1; hereafter as “Soens”) as applied to claim 1 above, and in further view of Hu et al. (CN 108484060 A; English translation incorporated herein; hereafter as “Hu”).
Zhen and Soens teach the microencapsulated polycarboxylate superplasticizer, polycarboxylic acid, and shell layer made from calcium ion gel of sodium alginate and calcium carbonate of Claim 1 as set forth above and incorporated herein by reference.
For the purpose of examination, “diffusion-interface reaction” recited in present claims 2 and 3 will be interpreted to mean an interfacial reaction of an aqueous two-phase, and the aqueous two-phase comprises a polycarboxylate superplasticizer molecular aqueous solution phase and an inorganic salt aqueous solution phase, which aligns with the definition provided in the instant Specification [US PG PUB 2023/0287212; ¶ 0015].
Regarding Claim 2, Zhen further teaches: calcium carbonate [¶ 0010], corresponding to the calcium salt; and reaction of polycarboxylic acid superplasticizer phase with an inorganic salt solution phase to form a shell coating the polycarboxylic acid plasticizer [¶ 0034], and thereby corresponds to the composite shell layer is obtained by means of a diffusion-interface reaction.
However, Zhen does not explicitly teach urea under catalysis of urease.
Nevertheless, Soens further teaches reaction of urea to form the shell wall polymer [¶ 0054], wherein the urea is catalyzed by urease [¶ 0103-0104], corresponding to the catalysis of urease of Claim 2. Soens also teaches that the catalysis of urea by urease produces calcium carbonate that can repair defects in concrete [¶ 0104-0105]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the urease of Soens with the microencapsulated polycarboxylate superplasticizer of Zhen, with a reasonable expectation of successfully using the same for concrete applications.
Additionally, Zhen and Soens are silent to a ratio of the polycarboxylic acid, the sodium alginate or gelatin, and the urease is (30-50):(2-10):(0.1-0.3) of Claim 2.
Nevertheless, Hu teaches a concrete composition comprising 10-20 parts sodium alginate and 3-5 parts urease [Abstract], which is equivalent to a ratio of sodium alginate and urease of (1-2):(0.3-0.5), thereby inclusive of the ratio of the sodium alginate and the urease is (2-10):(0.1-0.3) of Claim 2. Hu also teaches that the urease can decompose urea into ammonium ions which can combine with nitrate ions, and this reaction absorbs a lot of heat which balances the heat released during cement hydration, thereby avoiding the softening of rubber particles in the cement [¶ 0028].
Moreover, while Zhen does not explicitly teach an amount of polycarboxylic acid, Zhen suggests optimizing concentration of polycarboxylic acid [¶ 0029] such that the microcapsule-type polycarboxylate superplasticizer can slowly release polycarboxylate molecules from inside the microcapsule into the concrete [¶ 0002].
Zhen, Soens, and Hu are considered to be analogous art as the claimed invention, as all are in the same field of preparing additives for concrete.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use optimum or workable amounts of the polycarboxylic acid, sodium alginate or gelatin and the urease, corresponding to the claimed ratio, for the purposes of obtaining the claimed polycarboxylate superplasticizer suitable for concrete applications as suggested by Zhen, Soens, and Hu. See also MPEP section 2144.05, IIB.
Regarding Claim 3, paragraph [0019] of the instant Specification discloses the polycarboxylate superplasticizer's molecular structure will form an aqueous two phase system in which the aqueous solution of superplasticizer molecules and inorganic salt solutions are insoluble to each other. In light of this disclosure, "molecular aqueous solution" of Claim 3 will be interpreted to be an aqueous solution that has two phases that are insoluble/immiscible to each other.
Consistent with this interpretation, Zhen teaches an immiscible two-phase aqueous system comprising an inorganic salt aqueous phase and the polyether aqueous solution phase [¶ 0013-0014], corresponding to the aqueous two-phase comprises a polycarboxylate superplasticizer molecular aqueous solution phase and an inorganic salt aqueous solution phase. Zhen also teaches 30-40% mass concentration of ammonium sulfate in the aqueous inorganic salt aqueous solution [Claim 1], which overlaps with the claimed 25-35% mass concentration ammonium sulfate in the inorganic salt aqueous solution; and 3-5% mass concentration of sodium chloride in the aqueous inorganic salt aqueous solution [Claim 1], inclusive of the claimed 3-6% mass concentration of sodium chloride in the inorganic salt aqueous solution. Thus, the subject matter as a whole would have been obvious to one having ordinary skill in the art at the time the invention was made, since it has been held that choosing the over lapping portion of the range taught in the prior art and the range claimed by the applicant, has been held to be a prima facie case of obviousness. See MPEP section 2144.05.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zhen et al. (CN 111333789 A; cited in the IDS submitted on 09/18/2024; English translation incorporated herein; hereafter as “Zhen”) in view of Soens al. (US 2014/0248681 A1; hereafter as “Soens”), Hu et al. (CN 108484060 A; English translation incorporated herein; hereafter as “Hu”), Yang et al. (CN 108546029A; English translation incorporated herein; hereafter as “Yang”) and Li et al. (CN 106699026B; English translation incorporated herein; hereafter as “Li”).
Zhen and Soens teach the microencapsulated polycarboxylate superplasticizer, polycarboxylic acid, and shell layer made from calcium ion gel of sodium alginate and calcium carbonate of Claim 1 as set forth above and incorporated herein by reference.
Regarding Claim 4, in light of Paragraph 0040 of the instant Specification, the claimed “slowly dropping” of Claim 4, Line 9 will be interpreted as including dropping at any time so long it is “within 5 hours.” Zhen further teaches a method for preparing a microencapsulated polycarboxylate superplasticizer aqueous solution [Claim 1], corresponding to the claimed step (1) of preparing an aqueous solution from a polycarboxylate superplasticizer to be encapsulated; preparing an aqueous solution by mixing the composite inorganic salt and macromolecular dispersant E [Claim 1], corresponding to the claimed step (2) of preparing an aqueous solution from a compound inorganic salt and a dispersant; mixing the two aforementioned aqueous solutions in equal mass, shearing at high speed for half an hour, and then emulsify by ultrasonication for 15 minutes to obtain water-in-water emulsion [Claim 1; ¶ 0018], corresponding to the claimed step (3) of mixing two solutions obtained above in equal mass, conducting a high-speed shearing for half an hour, and ultrasonically emulsifying for at least 15 minutes, to obtain a water-in-water emulsion; reacting the water-in-water emulsion for 5-10 hours to obtain the microcapsule type polycarboxylate superplasticizer [Claim 1], corresponding to the claimed step (4) of reacting the water-in-water emulsion obtained in step (3) for 2-10 hours to obtain the microcapsule type polycarboxylate superplasticizer; 2-5% mass concentration of dispersant [Claim 1], encompassed by the claimed mass concentration of the dispersant in the aqueous solution of the compound inorganic salt, i.e., 1% to 5%.
However, Zhen does not explicitly teach slowly dropping an aqueous solution of calcium salt and urea into the water-in-water emulsion, and is also silent to an amount of polycarboxylic acid is 30% to 50% of the polycarboxylic acid aqueous solution, an amount of the sodium alginate or gelatin is 2% to 10% of the polycarboxylic acid aqueous solution, an amount of urease is 0.1 to 0.3% of the polycarboxylic acid aqueous solution, an amount of the calcium salt is 0.5% to 1.5% of the water-in-water emulsion of Claim 4 and an amount of the urea is 0.25% to 1.0% of the water-in-water emulsion of Claim 4.
However, Soens teaches a dropwise combination of sodium alginate and urea to a solution [¶ 0075]. The term “dropwise” taught by Soens implies drop by drop manner which would broadly meet the applicants’ definition of any dropping time so long as it is within 5 hours, and therefore, corresponds to the claimed step of slowly dropping. Soens further teaches this avoids creating a gradient that will reduce the urea content of the microcapsules during the shell formation [¶ 0075]. Thus, it would have been obvious to one ordinary skill in the art to add the aqueous solution of sodium alginate and urea dropwise (slowly dropping) taught by Soens to the water-in-water emulsion used in the method of Zhen, with a reasonable expectation of successfully preventing creating a gradient that will reduce the urea content of the microcapsules during the shell formation.
While Zhen does not explicitly teach an amount of polycarboxylic acid, Zhen suggests optimizing concentration of polycarboxylic acid [¶ 0029] such that the microcapsule-type polycarboxylate superplasticizer can slowly release polycarboxylate molecules from inside the microcapsule [¶ 0002]. Therefore, the concentration of the polycarboxylic acid can be optimized to reach the desired viscosity via a routine optimization. See MPEP section 2144.05, IIB. Thus, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to adjust the concentration of the polycarboxylic acid for the intended application via a routine optimization, thereby obtaining the present invention.
Moreover, Soens teaches 1-5 wt. % sodium alginate [¶ 0072-0076], overlapping the claimed mass concentration of the sodium alginate or gelatin is 2% to 10%. Soens teaches sodium alginate is the most highly preferred precursor for microencapsulation because it may be capable of gelation [¶ 0071].
Next, Hu teaches a concrete composition comprising sodium alginate, urea, urease, and 3-5 parts calcium nitrate [¶ 0031], which is equivalent to 1.3-3.2 wt. % calcium nitrate2, overlapping the claimed amount of the calcium salt is 0.5% to 1.5%. Hu further teaches the urease decomposes urea into ammonium ions which combine with nitrate ions of calcium nitrate [¶ 0028].
Additionally, Yang teaches cement comprising carbohydrates, such as cellulose, calcium nitrate, urea and 0.06-0.16 wt. % urease [¶ 0011, 0021], overlapping the claimed mass concentration of the urease is 0.1% to 0.3%. Yang further teaches that under the action of the urease, urea is decomposed into carbonate ions which can prevent the cement system from eroding [¶ 0021].
Finally, Li teaches concrete materials comprising calcium chloride, urease and 7-10 parts by weight urea [¶ 0012], which is equivalent to 0.25-0.44 wt. % urea3, which is encompassed by the claimed 0.25% to 1.0% urea. Li further teaches the urease can decompose the urea to mineralize and deposit calcium carbonate which acts a repair medium for self-healing concrete [¶ 0009, 0013, 0038]. Thus, it would have been obvious to one of ordinary skill in the art to add the amount of urea taught by Li to the water-in-water emulsion used in the method of Zhen, with a reasonable expectation of successfully producing calcium carbonate to repair cracks in self-healing concrete.
Zhen, Soens, Hu, Yang, and Li are considered to be analogous art as the claimed invention, as all are in the same field of preparing additives for concrete.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use optimum or workable amounts of sodium alginate, calcium nitrate, urease, and urea to prepare the claimed microencapsulated polycarboxylate superplasticizer useful for concrete applications as suggested by Zhen, Soens, Hu, Yang, and Li. See MPEP section 2144.05, IIB.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DORIS LING whose telephone number is (571)270-3961. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARRIE LANEE REUTHER can be reached on (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DORIS LING/Examiner, Art Unit 1764
/HANNAH J PAK/Primary Examiner, Art Unit 1764
1 Lee et al. (NPL) teaches that when sodium alginate is mixed with divalent cations such as calcium ion, a gel is formed [Alginate: properties and biomedical applications, ¶ 2].
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