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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-15, 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacques (US 20070122332) and Nishimura (US 4252551) and Didier (US 20110266488).
Regarding claims 1, 12, and 19, Jacques discloses a method for producing mineral material [0001], any glass may be suitable for use as raw material in a new batch for melting [0002],
Supplying a main tank (1) with a vitrifiable mixture of materials in the main tank (1) using submerged combustion burners (2) to obtain a melt (4)
Introducing a solid oxidizing agent of sulfate or coal below the melt [0062].
Jacques discloses using recycled materials in a mixture of batch vitrifiable materials [0002].
Jacques discloses every active step of the claimed method of producing material suitable to melt.
Jacques fails to clearly recite the precise composition of the recycled materials and thus it is unclear if they comprise organic matter.
In analogous art of Nishimura of glass melting and production it is made obvious that it is economical to utilize waste glass with other raw materials (Col 1; 10-14). Nishimura further indicates reuse of waste glass bottles and fiber is common and contain organic matter (Col 1; line 25-Col 2; line 56).
Jacques discloses a melting method suitable for making mineral fibers [0003]. It is known from at least Didier et al. that a glass mineral fiber (title, [0035]) (abstract, [0025]) with a composition overlapping that of present claim 1 is known [0030].
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Overlapping ranges are prima facie obvious .
Therefore it would be obvious to a skilled artisan to use the melting method of Jacques to produce a material with a composition as taught by Didier.
Regarding claims 2-3, the chemical composition of the mineral material the vitrifiable mixture suggested by Didier yields a raw material of 0-15% iron oxide thus the vitrifiable mixture of materials overlapping less than 2% weight of total iron oxide or 2-10% weight iron oxide. A skilled artisan would be motivated to optimize the amount of iron oxide in the vitrifiable mixture to obtain a desired amount of iron oxide in the mineral material suitable for use as raw material
Regarding claims 4 and 9, recycling materials are chosen from mineral wool waste [0001], Jacques and Nishimura suggest cullet [0002] and (Col 1; 10-14) respectively. Any recycled glass is considered waste glass.
Regarding claim 5, Jacques discloses solid oxidant is a sulfate (at least Jacques [0062] claims 1 and 3)
Regarding claims 6, Jacques discloses an auxiliary tank (7) with submerged burner. Jacques discloses introducing solid material such as sulfate below the surface of the glass melt [0062].
MPEP 2144.04 states In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice
It would be obvious to one of ordinary skill in the art to introduce the solid oxidant of sulfate or carbon downstream the main tank in the refining tank (7) with the expected result that they would interact with the melt as predicted [0011], [0062].
Regarding claim 7, Jacques discloses a submerged burner in the auxiliary tank thus an agitator, evidenced by [0009], [0028]
Regarding claims 8 and 10-11 and 13-14, as indicated in the rejection of claim 1 above Didier discloses said mineral material has overlapping ranges and considered essentially free of carbon and may be used to make mineral wool. No carbon is depicted in the composition below:
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Regarding claim 15, the properties of a composition and the composition itself are not mutually exclusive. MPEP 2112.02 Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.
Regarding claim 17, Jacques discloses sodium sulfate [0020]-[0021], [0062].
Claim(s) 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacques (US 20070122332) and Nishimura (US 4252551) and Didier (US 20110266488) as applied above and further in view of Jacques (US 20080256981) and referred to as Jacques ‘981 herein after
Regarding claims 16 and 18 Jacques disclose the adding an alkali or alkaline sulfate (abstract, [0003]-[0004], [0062].
In an analogous art of melting waste fibers through submerged combustion Jacques ‘981 discloses using the addition of oxidants of sodium nitrate or manganese oxide [0004]. It would be obvious to one of ordinary skill in the art to use the oxidizing agents taught by Jacques ‘981 in a submerged combustion melter instead of the sodium sulfate.
"It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) (citations omitted)
Response to Arguments
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive.
Applicant argues the amended claim indicates the significant amount of silica used in the claimed method which differentiates from Jacques ‘332 which is a process for manufacturing compounds based on one or more silicates.
In response to this argument Applicant should first note that the claim recites the composition of the melted material and the amount of silica in the claim could come from various melting interactions.
The claim is related to a process, it requires an active step of melting a batch mixture and adding a solid oxidant. The batch mixture is required to have a recycled glass with organic matter. Nothing in the claim deters a skilled artisan from looking to a submerged combustion melting process to produce a different composition. One of ordinary skill in the art would be inclined to use a known melting method of Jacques to produce a known mineral wool composition.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JODI COHEN FRANKLIN whose telephone number is (571)270-3966. The examiner can normally be reached Monday-Friday 8 am-4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindelang can be reached at (571) 270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JODI COHEN FRANKLIN
Primary Examiner
Art Unit 1741
/JODI C FRANKLIN/Primary Examiner, Art Unit 1741