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 .
Response to Amendment
In response to the amendment received on 11/12/2025:
claims 11/12/2025 are currently pending;
the objection to claims 18-20 is withdrawn in light of the amendments to the same;
the 112(b) rejection to claims 4, 14 and 18-20 is withdrawn in light of the amendment to the claims and Applicant’s argument that the claims are amended to define that the inorganic pigment is red iron oxide (or ferric oxide) and those skilled in the art would understand the color associated with red iron oxide (see Applicant’s arguments at pages 7-8, bridging paragraph), which is persuasive; and
all prior art grounds of rejection are maintained for at least the reasons as set forth herein.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Johansen Jr. et al. (US 5,951,752) (“Johansen” hereinafter); as evidenced by AMS (Understanding the chemistry of antifoams and defoamers, 2021) (“AMS” hereinafter) with respect to claim 1.
Regarding claim 1, Johansen teaches an additive (see Johansen at C5 L52-53 teaching in an especially preferred embodiment of the aqueous component), the aqueous component is taken to meet the claimed additive based on the structure as outlined below,
for use with concrete mixtures (see Johansen at C1 L13-15 teaching this disclosure relates to a composition… for uniformly dispersing pigment in cement based compositions. Additionally, this limitation is directed to the intended use of the claimed additive (see MPEP § 2111.02 II)), comprising:
(a) a concrete densification agent identifying pigment having a predetermined color (see Johansen at C5 L55 teaching pigment, see Johansen at C3 L28-33 teaching the pigments that are incorporated into the aqueous component… such as… iron oxide… commercially available from Harcross Pigments, Inc, see Johansen C7 L45-46 teaching red oxide commercially available from Harcross Pigments, Inc). Red iron oxide pigment is taken to meet the claimed limitation based on the specification at [0005] disclosing the pigment may include an inorganic pigment such as iron oxide, and the color of the iron oxide may be red,
(b) wherein the concrete densification agent identifying pigment is suspended in a suspension and wherein the suspension that comprises: (i) a predetermined percent by weight of water (see Johansen at C5 L52-56 teaching the aqueous component comprises about 80 to about 94 weight percent water… a pigment… a suspension enhancing agent, see Johansen at C3 L56-59 teaching the suspension enhancing agent of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component). One of ordinary skill in the art would appreciate that the pigment is suspended in the aqueous component suspension;
(ii) a predetermined percent by weight of dispersant (see Johansen at C5 L58 teaching about 0.05 to about 1 weight percent of a dispersant); and
(iii) a predetermined percent by weight of defoamer (see Johansen at C5 L64-65 teaching about 0.01 to about 2 weight percent of an antifoaming agent), wherein the antifoaming agent is taken to meet the claimed defoamer based on MPEP stating that “a prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities” (see MPEP § 2144.09.I). In this instance, antifoams and defoamers have similar in chemistries and function, as evidenced by AMS (see AMS at page 2, paragraph 1 evidencing both antifoams and defoamers are used for foam control… given their similarities in function, they often have similar chemistries… the main difference between them is the timing of application);
suspension formulated to be added to a concrete densification agent (this recitation is alluding to state a purpose, or intended use of the suspension, or a method of using the suspension, which is a different statutory category from the claimed suspension (or product/manufacture) (see MPEP § 2106.03.I), and does not add to the structure of the claimed suspension. As such, this recitation is not given patentable weight. Alternatively, the composition as taught by Johansen is expected to be capable of being formulated to be added to a concrete densification agent), and
(c) wherein the concrete densification agent is formulated to be added to a concrete mixture to indicate the presence of the concrete densification agent in the concrete mixture (this recitation is alluding to state a purpose, or intended use of the concrete densification agent, which is the intended use of the claimed additive, and does not add to the structure of the claimed additive. As such, this recitation is not given patentable weight. Alternatively, the composition as taught by Johansen is expected to be capable of being added to a concrete densification agent, and the composition as taught by Johansen is expected to be capable of being formulated to be added to a concrete mixture to indicate the presence of the concrete densification agent in the concrete mixture).
Regarding claim 2, Johansen teaches the limitations as applied to claim 1 above, and Johansen further teaches wherein the predetermined percent by weight of water is in the range of 15-56 (see Johansen at C2 L39-40 teaching the aqueous component… comprises about 50 to about 96 weight percent water) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of dispersant is in the range of 4.0-10.0 (see Johansen at C2 L59-60 teaching optionally about 0.01 to about 5 weight percent of dispersant) (see MPEP 2144.05(I)); and
wherein the predetermined percent by weight of defoamer is in the range of 0.05-0.5 (see Johansen at C5 L64-65 teaching about 0.01 to about 2 weight percent of an antifoaming agent) (see MPEP 2144.05(I)).
Regarding claim 4, Johansen teaches the limitations as applied to claim 1 above, and Johansen further teaches wherein the pigment is an inorganic pigment, wherein the inorganic pigment is selected from the group consisting of iron oxides, and wherein the inorganic pigment is red iron oxide (see Johansen at C5 L55 teaching pigment, see Johansen at C3 L28-33 teaching the pigments that are incorporated into the aqueous component… such as… iron oxide… commercially available from Harcross Pigments, Inc, see Johansen C7 L45-46 teaching red oxide commercially available from Harcross Pigments, Inc).
Claims 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Johansen as applied to claim 1 above, and further in view of Wetherell et al. (US 2015/0299041 A1) (“Wetherell” hereinafter), Sarrazin et al. (US 2012/0015108 A1) (“Sarrazin” hereinafter), and Beraldo et al. (US 2015/0232385 A1) (“Beraldo” hereinafter); as evidenced by Fabbris et al. (US 2013/0074739 A1) (“Fabbris” hereinafter) with respect to claims 5-6 and 10.
Regarding claim 5, Johansen teaches the limitations as applied to claim 1 above, and Johansen further teaches wherein the concrete densification agent further comprises: (a) a predetermined percent by weight of water (see Johansen at C2 L39-40 teaching the aqueous component… comprises about 50 to about 96 weight percent water);
(d) a predetermined percent by weight of a defoamer (see Johansen at C5 L64-65 teaching about 0.01 to about 2 weight percent of an antifoaming agent);
(f) a predetermined percent by weight of a freeze-thaw stabilizer (see Johansen at C5 L65-67 teaching about 0.1 to about 5 weight percent of a glycol to enhance the freeze thaw stability of the liquid component); and
(g) a predetermined percent by weight of a thickener (see Johansen at C5 L55-56 teaching about 1 to about 3 weight percent of a suspension enhancing agent, see Johansen at C3 L56-61 teaching the suspension enhancing of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component… some of the preferred suspension enhancing agents are… hydroxyethyl cellulose). About 1 to about 3 weight percent hydroxyethyl cellulose is taken to meet the claimed limitation because hydroxyethyl cellulose is a polysaccharide thickener as evidenced by Fabbris (see Fabbris at [0003] evidencing polysaccharides, such as cellulose derivatives, such as, for example, hydroxyethylcellulose, are used in numerous fields for increasing the viscosity of compositions), and based on the specification at [0006] disclosing the thickener may include… a polysaccharide.
Johansen does not explicitly teach (b) a predetermined percent by weight of a densifier; (c) a predetermined percent by weight of a water repellant; and (e) a predetermined percent by weight of urea. However, Johansen teaches that the aqueous component… may also further comprise conventional property enhancing additives such as… preservatives… thixotropy and viscosity control agents… and other miscellaneous additives commonly known in the art… these property enhancing additives are present in amounts commonly known in the industry (see Johansen at C4 L32-40).
With respect to (b), like Johansen, Wetherell teaches additives or admixtures for cement/concrete compositions (see Wetherell at [0032] teaching in one embodiment, colloidal silica can be used as an admixture to concrete mix… in specific embodiments, a colloidal silica solution… to provide for a finishable concrete mix even when there is up to a 90% reduction in the amount of water added to the mix). Wetherell also teaches the range of the amount of standard water that can be eliminated can be little as a few percent, (2 or 3%) to as high as 100%, given that the colloidal silica is itself in an aqueous solution with water… the substituted volume of the aqueous composition may include about 3% silica solids to about 10%, by weight of the aqueous composition… colloidal silica (see Wetherell at [0046]). About 3-10% colloidal silica is taken to meet the claimed “(b) a predetermined percent by weight of a densifier” based on the specification at [0006] disclosing the densifier may include colloidal silica.
As such, one of ordinary skill in the art would appreciate that Wetherell teaches adding 3-10% colloidal silica so as to provide up to a 90% reduction in the amount of water added to the mix, and seek those advantages by adding 3-10% colloidal silica in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add 3-10% colloidal silica as taught by Wetherell in the aqueous component as taught by Johansen so as to provide up to a 90% reduction in the amount of water added to the mix.
With respect to (c), like Johansen, Sarrazin teaches additives or admixtures for cement/concrete compositions (see Sarrazin at [0001] teaching the present disclosure relates to a composition for improving the water repellency of a substrate, which composition contains a silicon-containing compound, see Sarrazin at [0002] teaching imparting or improving water repellency of a substrate is desired for a number of substrates… for example… concrete… or other cement containing products… see Sarrazin at [0004] teaching silicone compounds are used as water repellents for years due to their durability, good hydrophobicity and ease of application… next generation of water repellents is generally water based for environmental reasons and ease of use… the active ingredients contains siloxanes, silicone resins and silanes (and combinations of them), see Sarrazin at [0008]-[0010] teaching a composition able to improve the water repellency of a substrate, which composition contains a mixture formed by combining… water… at least one silicon containing compound able to improve water repellency of a substrate, which is a silicone resin, an alkoxysilane or a polysiloxane). Sarrazin further teaches b) treatment with a solution of 3% of a commercial silicone water repellant (see Sarrazin at [0104]). Sarrazin also teaches water repellent silicon-containing compound is chosen amongst silicone resin (component A) (see Sarrazin at [0016])… commercially available phenyl silsesquioxane resins that are suitable as component (A) in silicone emulsions (see Sarrazin at [0040]). 3% phenyl silsesquioxane resins in silicone emulsion water repellant is taken to meet the claimed “(c) a predetermined percent by weight of a water repellant”.
As such, one of ordinary skill in the art would appreciate that Sarrazin teaches 3% phenyl silsesquioxane resins in silicone emulsions water repellant imparts or improves water repellency of a substrate in a number of substrates, for example concrete or other cement containing products due to their durability, good hydrophobicity and ease of application, and seek those advantages by adding 3% phenyl silsesquioxane resins in silicone emulsions in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add 3% phenyl silsesquioxane resins in silicone emulsions as taught by Sarrazin in the aqueous component as taught by Johansen so as to impart or improve water repellency of a substrate in a number of substrates, for example concrete or other cement containing products due to their durability, good hydrophobicity and ease of application.
With respect to (e), like Johansen, Beraldo teaches additives or admixtures for cement/concrete compositions (see Beraldo at [0001] teaching the present disclosure relates to the use of at least one nitrogen-containing organic compound and/or a salt thereof in combination with at least one aromatic carboxylic acid and/or a salt thereof for improving the freeze-thaw stability of an alkali-activated aluminosilicate, as well as a stabilized alkali-activated aluminosilicate binder). Beraldo also teaches the nitrogen-containing organic compound suitable for the purpose of the present disclosure… can be selected form the group consisting of… urea (see Beraldo at [0022]). Beraldo also teaches in particular 0.1 to 3% by weight of the nitrogen-containing organic compound and/or a salt thereof (see Beraldo at [0052]). 0.1 to 3% by weight urea is taken to meet the claimed “(e) a predetermined percent by weight of urea”.
As such, one of ordinary skill in the art would appreciate that Beraldo teaches adding 0.1 to 3% by weight urea so as to improve freeze-thaw stability, and seek those advantages by adding 0.1 to 3% by weight urea in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add 0.1 to 3% by weight urea as taught by Beraldo in the aqueous component as taught by Johansen so as to improve freeze-thaw stability.
Regarding claim 6, Johansen in view of Wetherell, Sarrazin and Beraldo teach the limitations as applied to claims 1 and 5 above, and Johansen in view of Wetherell, Sarrazin and Beraldo further teach wherein the predetermined percent by weight of water is in the range of 35.0-75.0 (see Johansen at C2 L39-40 teaching the aqueous component… comprises about 50 to about 96 weight percent water) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of densifier is in the range of 10.0-40.0 (see Wetherell at [0046] teaching the substituted volume of the aqueous composition may include about 3% silica solids to about 10%, by weight of the aqueous composition) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of water repellant is in the range of 1.0-5.0 (see Sarrazin at [0104] teaching treatment with a solution of 3% of a commercial silicone water repellant, see Sarrazin at [0016] teaching water repellent silicon-containing compound is chosen amongst silicone resin (component A), and see Sarrazin at [0040] teaching commercially available phenyl silsesquioxane resins that are suitable as component (A) in silicone emulsions) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of defoamer is in the range of 0.05-0.5 (see Johansen at C5 L64-65 teaching about 0.01 to about 2 weight percent of an antifoaming agent); (see MPEP 2144.05(I));
wherein the predetermined percent by weight of urea is in the range of 0.1-5.0 (see Beraldo at [0052] teaching 0.1 to 3% by weight, see Beraldo at [0022] teaching urea) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of freeze-thaw stabilizer is in the range of 0.1-5.0 (see Johansen at C5 L65-67 teaching about 0.1 to about 5 weight percent of a glycol to enhance the freeze thaw stability of the liquid component) (see MPEP 2144.05(I)); and
wherein the predetermined percent by weight of thickener is in the range of 0.50-5.0 (see Johansen at C5 L55-56 teaching about 1 to about 3 weight percent of a suspension enhancing agent, see Johansen at C3 L56-61 teaching the suspension enhancing of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component… some of the preferred suspension enhancing agents are… hydroxyethyl cellulose) (see MPEP 2144.05(I)). Hydroxyethyl cellulose is taken to meet the claimed limitation because hydroxyethyl cellulose is a polysaccharide as evidenced by Fabbris (see Fabbris at [0003] evidencing polysaccharides, such as cellulose derivatives, such as, for example, hydroxyethylcellulose, are used in numerous fields for increasing the viscosity of compositions), and based on the specification at [0006] disclosing the thickener may include… a polysaccharide.
Regarding claim 7, Johansen in view of Wetherell, Sarrazin and Beraldo teach the limitations as applied to claims 1 and 5 above, and Wetherell further teaches wherein the densifier includes colloidal silica (see Wetherell at [0032] teaching in one embodiment, colloidal silica can be used as an admixture to concrete mix).
Regarding claim 8, Johansen in view of Wetherell, Sarrazin and Beraldo teach the limitations as applied to claims 1 and 5 above, and Sarrazin further teaches wherein the water repellant includes… siloxane emulsion (see Sarrazin at [0104] teaching treatment with a solution of 3% of a commercial silicone water repellant, see Sarrazin at [0016] teaching water repellent silicon-containing compound is chosen amongst silicone resin (component A), and see Sarrazin at [0040] teaching commercially available phenyl silsesquioxane resins that are suitable as component (A) in silicone emulsions).
Regarding claim 9, Johansen in view of Wetherell, Sarrazin and Beraldo teach the limitations as applied to claims 1 and 5 above, and Johansen further teaches wherein the freeze-thaw stabilizer includes a glycol (see Johansen at C5 L63-67 teaching aqueous component may further comprise… a glycol to enhance the freeze thaw stability of the liquid component).
Regarding claim 10, Johansen in view of Wetherell, Sarrazin and Beraldo teach the limitations as applied to claims 1 and 5 above, and Johansen further teaches wherein the thickener further comprises… a polysaccharide (see Johansen at C3 L56-61 teaching the suspension enhancing of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component… some of the preferred suspension enhancing agents are… hydroxyethyl cellulose). Hydroxyethyl cellulose is taken to meet the claimed limitation because hydroxyethyl cellulose is a polysaccharide as evidenced by Fabbris (see Fabbris at [0003] evidencing polysaccharides, such as cellulose derivatives, such as, for example, hydroxyethylcellulose, are used in numerous fields for increasing the viscosity of compositions), and based on the specification at [0006] disclosing the thickener may include… a polysaccharide.
Claims 11-12 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Johansen in view of Wetherell, Sarrazin and Beraldo; as evidenced by Fabbris with respect to claims 11-12 and 17, and as evidenced by AMS with respect to claim 11 only.
Regarding claim 11, Johansen teaches an additive (see Johansen at C2 L20-22 teaching a predetermined amount of an aqueous based pigment component, and see Johansen at C5 L52-53 teaching in an especially preferred embodiment of the aqueous component), the aqueous component is taken to meet the claimed additive based on the structure as outlined below,
for use with concrete mixtures (see Johansen at C1 L13-15 teaching this disclosure relates to a composition… for uniformly dispersing pigment in cement based compositions. Additionally, this limitation is directed to the intended use of the claimed additive (see MPEP § 2111.02 II)), comprising:
(a) a concrete densification agent identifying colorant, wherein the colorant further comprises a pigment having a predetermined color, and wherein the pigment is suspended in a solution; (b) a concrete densification agent into which the concrete densification agent identifying colorant solution is mixed (see Johansen at C5 L52-56 teaching the aqueous component comprises… water… a pigment… a suspension enhancing agent, see Johansen at C3 L56-59 teaching the suspension enhancing agent of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component, see Johansen at C3 L28-33 teaching the pigments that are incorporated into the aqueous component… such as… iron oxide… commercially available from Harcross Pigments, Inc, see Johansen C7 L45-46 teaching red oxide commercially available from Harcross Pigments, Inc). The aqueous composition is taken to meet the claimed recitation because one of ordinary skill in the art would appreciate that the pigment is suspended in the aqueous composition suspension; the red iron oxide pigment is taken to meet the claimed “colorant further comprises a pigment having a predetermined color” based on the specification at [0005] disclosing the pigment may include an inorganic pigment such as iron oxide, and the color of the iron oxide may be red,
(b) wherein the concrete densification agent comprises: (i) a predetermined percent by weight of water in pigment suspended solution, and (i) a predetermined percent by weight of water and in the concrete densification agent (see Johansen C2 L39-41 teaching the aqueous component… comprises about 50 to about 96 weight percent water);
(ii) a predetermined percent by weight of dispersant (see Johansen at C5 L58 teaching about 0.05 to about 1 weight percent of a dispersant);
(iii) a predetermined percent by weight of defoamer in pigment suspended solution, and (iv) a predetermined percent by weight of a defoamer (see Johansen at C5 L64-65 teaching about 0.01 to about 2 weight percent of an antifoaming agent), wherein the antifoaming agent is taken to meet the claimed defoamer based on MPEP stating that “a prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities” (see MPEP § 2144.09.I). In this instance, antifoams and defoamers have similar in chemistries and function, as evidenced by AMS (see AMS at page 2, paragraph 1 evidencing both antifoams and defoamers are used for foam control… given their similarities in function, they often have similar chemistries… the main difference between them is the timing of application;
(vi) a predetermined percent by weight of a freeze-thaw stabilizer (see Johansen at C5 L65-67 teaching about 0.1 to about 5 weight percent of a glycol to enhance the freeze thaw stability of the liquid component); and
(vii) a predetermined percent by weight of a thickener (see Johansen at C5 L55-56 teaching about 1 to about 3 weight percent of a suspension enhancing agent, see Johansen at C3 L56-61 teaching the suspension enhancing of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component… some of the preferred suspension enhancing agents are… hydroxyethyl cellulose). About 1 to about 3 weight percent hydroxyethyl cellulose is taken to meet the claimed limitation because hydroxyethyl cellulose is a polysaccharide, as evidenced by Fabbris (see Fabbris at [0003] evidencing polysaccharides, such as cellulose derivatives, such as, for example, hydroxyethylcellulose, are used in numerous fields for increasing the viscosity of compositions), and based on the specification at [0006] disclosing the thickener may include… a polysaccharide.
Johansen does not explicitly teach (ii) a predetermined percent by weight of a densifier; (iii) a predetermined percent by weight of a water repellant; and (v) a predetermined percent by weight of urea. However, Johansen teaches that the aqueous component… may also further comprise conventional property enhancing additives such as… preservatives… thixotropy and viscosity control agents… and other miscellaneous additives commonly known in the art… these property enhancing additives are present in amounts commonly known in the industry (see Johansen at C4 L32-40).
With respect to (ii), like Johansen, Wetherell teaches additives or admixtures for cement/concrete compositions (see Wetherell at [0032] teaching in one embodiment, colloidal silica can be used as an admixture to concrete mix… in specific embodiments, a colloidal silica solution… to provide for a finishable concrete mix even when there is up to a 90% reduction in the amount of water added to the mix). Wetherell also teaches the range of the amount of standard water that can be eliminated can be little as a few percent, (2 or 3%) to as high as 100%, given that the colloidal silica is itself in an aqueous solution with water… the substituted volume of the aqueous composition may include about 3% silica solids to about 10%, by weight of the aqueous composition… colloidal silica (see Wetherell at [0046]). About 3-10% colloidal silica is taken to meet the claimed “(ii) a predetermined percent by weight of a densifier” based on the specification at [0006] disclosing the densifier may include colloidal silica.
As such, one of ordinary skill in the art would appreciate that Wetherell teaches adding 3-10% colloidal silica so as to provide up to a 90% reduction in the amount of water added to the mix, and seek those advantages by adding 3-10% colloidal silica in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add 3-10% colloidal silica as taught by Wetherell in the aqueous component as taught by Johansen so as to provide up to a 90% reduction in the amount of water added to the mix.
With respect to (iii), like Johansen, Sarrazin teaches additives or admixtures for cement/concrete compositions (see Sarrazin at [0001] teaching the present disclosure relates to a composition for improving the water repellency of a substrate, which composition contains a silicon-containing compound, see Sarrazin at [0002] teaching imparting or improving water repellency of a substrate is desired for a number of substrates… for example… concrete… or other cement containing products… see Sarrazin at [0004] teaching silicone compounds are used as water repellents since years due to their durability, good hydrophobicity and ease of application… next generation of water repellents is generally water based for environmental reasons and ease of use… the active ingredients contains siloxanes, silicone resins and silanes (and combinations of them), see Sarrazin at [0008]-[0010] teaching a composition able to improve the water repellency of a substrate, which composition contains a mixture formed by combining… water… at least one silicon containing compound able to improve water repellency of a substrate, which is a silicone resin, an alkoxysilane or a polysiloxane). Sarrazin further teaches b) treatment with a solution of 3% of a commercial silicone water repellant (see Sarrazin at [0104]). Sarrazin also teaches water repellent silicon-containing compound is chosen amongst silicone resin (component A) (see Sarrazin at [0016])… commercially available phenyl silsesquioxane resins that are suitable as component (A) in silicone emulsions (see Sarrazin at [0040]). 3% phenyl silsesquioxane resins in silicone emulsion water repellant is taken to meet the claimed “(iii) a predetermined percent by weight of a water repellant”.
As such, one of ordinary skill in the art would appreciate that Sarrazin teaches 3% phenyl silsesquioxane resins in silicone emulsions water repellant imparts or improves water repellency of a substrate in a number of substrates, for example concrete or other cement containing products due to their durability, good hydrophobicity and ease of application, and seek those advantages by adding 3% phenyl silsesquioxane resins in silicone emulsions in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add 3% phenyl silsesquioxane resins in silicone emulsions as taught by Sarrazin in the aqueous component as taught by Johansen so as to impart or improve water repellency of a substrate in a number of substrates for example concrete or other cement containing products due to their durability, good hydrophobicity and ease of application.
With respect to (v), like Johansen, Beraldo teaches additives or admixtures for cement/concrete compositions (see Beraldo at [0001] teaching the present disclosure relates to the use of at least one nitrogen-containing organic compound and/or a salt thereof in combination with at least one aromatic carboxylic acid and/or a salt thereof for improving the freeze-thaw stability of an alkali-activated aluminosilicate, as well as a stabilized alkali-activated aluminosilicate binder). Beraldo also teaches the nitrogen-containing organic compound suitable for the purpose of the present disclosure… can be selected form the group consisting of… urea (see Beraldo at [0022]). Beraldo also teaches in particular 0.1 to 3% by weight of the nitrogen-containing organic compound and/or a salt thereof (see Beraldo at [0052]). 0.1 to 3% by weight urea is taken to meet the claimed “(v) a predetermined percent by weight of urea”.
As such, one of ordinary skill in the art would appreciate that Beraldo teaches adding 0.1 to 3% by weight urea so as to improve freeze-thaw stability, and seek those advantages by adding 0.1 to 3% by weight urea in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add 0.1 to 3% by weight urea as taught by Beraldo in the aqueous component as taught by Johansen so as to improve freeze-thaw stability.
With respect to (c) wherein the concrete densification is formulated to be added to a concrete mixture to indicate the presence of the concrete densification agent in the concrete mixture (this recitation is alluding to state a purpose, or intended use of the concrete densification agent, which is the intended use of the claimed additive, and does not add to the structure of the claimed additive. As such, this recitation is not given patentable weight. Alternatively, the composition as taught by Johansen is expected to be capable of being added to a concrete densification agent, and the composition as taught by Johansen is expected to be capable of being formulated to be added to a concrete mixture to indicate the presence of the concrete densification agent in the concrete mixture).
Regarding claim 12, Johansen in view of Wetherell, Sarrazin and Beraldo teaches the limitations as applied to claim 11 above, and Johansen in view of Wetherell, Sarrazin and Beraldo further teach (a) wherein the predetermined percent by weight of water in the colorant is in the range of 15-56, and (b) wherein the predetermined percent by weight of water in the concrete densification agent is in the range of 35.0-75.0 (see Johansen at C2 L39-40 teaching the aqueous component… comprises about 50 to about 96 weight percent water) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of dispersant in the colorant is in the range of 4.0-10.0 (see Johansen at C2 L59-60 teaching optionally about 0.01 to about 5 weight percent dispersant) (see MPEP 2144.05(I)); and
wherein the predetermined percent by weight of defoamer in the colorant is in the range of 0.05-0.5; and wherein the predetermined percent by weight of defoamer in the concrete densification agent is in the range of 0.05-0.5 (see Johansen at C5 L64-65 teaching about 0.01 to about 2 weight percent of an antifoaming agent) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of densifier in the concrete densification agent is in the range of 10.0-40.0 (see Wetherell at [0046] teaching the substituted volume of the aqueous composition may include about 3% silica solids to about 10%, by weight of the aqueous composition) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of water repellant in the concrete densification agent is in the range of 1.0-5.0 (see Sarrazin at [0104] teaching treatment with a solution of 3% of a commercial silicone water repellant, see Sarrazin at [0016] teaching water repellent silicon-containing compound is chosen amongst silicone resin (component A), and see Sarrazin at [0040] teaching commercially available phenyl silsesquioxane resins that are suitable as component (A) in silicone emulsions) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of urea in the concrete densification agent is in the range of 0.1-5.0 (see Beraldo at [0052] teaching 0.1 to 3% by weight, see Beraldo at [0022] teaching urea) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of freeze-thaw stabilizer in the concrete densification agent is in the range of 0.1-5.0 (see Johansen at C5 L65-67 teaching about 0.1 to about 5 weight percent of a glycol to enhance the freeze thaw stability of the liquid component) (see MPEP 2144.05(I)); and
wherein the predetermined percent by weight of thickener in the concrete densification agent is in the range of 0.50-5.0 (see Johansen at C5 L55-56 teaching about 1 to about 3 weight percent of a suspension enhancing agent, see Johansen at C3 L56-61 teaching the suspension enhancing of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component… some of the preferred suspension enhancing agents are… hydroxyethyl cellulose) (see MPEP 2144.05(I)).
Regarding claim 14, Johansen in view of Wetherell, Sarrazin and Beraldo teaches the limitations as applied to claim 11 above, and Johansen further teaches wherein the pigment is an inorganic pigment, wherein the inorganic pigment is selected from the group consisting of iron oxides, and wherein the inorganic pigment is red iron oxide (see Johansen at C5 L55 teaching pigment, see Johansen at C3 L28-33 teaching the pigments that are incorporated into the aqueous component… such as… iron oxide… commercially available from Harcross Pigments, Inc, see Johansen C7 L45-46 teaching red oxide commercially available from Harcross Pigments, Inc). Red iron oxide pigment is taken to meet the claimed “red” based on the specification at [0005] disclosing the pigment may include an inorganic pigment such as iron oxide, and the color of the iron oxide may be red.
Regarding claim 15, Johansen in view of Wetherell, Sarrazin and Beraldo teach the limitations as applied to claim 11 above, and Johansen further teaches wherein the water repellant includes… siloxane emulsion (see Sarrazin at [0104] teaching treatment with a solution of 3% of a commercial silicone water repellant, see Sarrazin at [0016] teaching water repellent silicon-containing compound is chosen amongst silicone resin (component A), and see Sarrazin at [0040] teaching commercially available phenyl silsesquioxane resins that are suitable as component (A) in silicone emulsions).
Regarding claim 16, Johansen in view of Wetherell, Sarrazin and Beraldo teach the limitations as applied to claim 11 above, and Johansen further teaches wherein the freeze-thaw stabilizer includes a glycol, and wherein the glycol is… ethylene glycol (see Johansen at C5 L63-67 teaching aqueous component may further comprise… a glycol to enhance the freeze thaw stability of the liquid component, see Johansen at C5 L7-8 teaching the other miscellaneous enhancing additives which may be used are… ethylene glycol).
Regarding claim 17, Johansen in view of Wetherell, Sarrazin and Beraldo teach the limitations as applied to claim 11 above, and Johansen further teaches wherein the thickener further comprises… a polysaccharide (see Johansen at C3 L56-61 teaching the suspension enhancing of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component… some of the preferred suspension enhancing agents are… hydroxyethyl cellulose). Hydroxyethyl cellulose is taken to meet the claimed polysaccharide as evidenced by Fabbris (see Fabbris at [0003] evidencing polysaccharides, such as cellulose derivatives, such as, for example, hydroxyethylcellulose, are used in numerous fields for increasing the viscosity of compositions), and based on the specification at [0006] disclosing the thickener may include… a polysaccharide.
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Johansen, and Johansen in view of Wetherell, Sarrazin and Beraldo as applied to claims 1 and 11, respectively above, and further in view of Bowers (US 2008/0081217 A1) (“Bowers” hereinafter).
Regarding claims 3 and 13, Johansen and/or Johansen in view of Wetherell, Sarrazin and Beraldo teaches the limitations as applied to claims 1 and 11, respectively above, and Johansen further teaches an effective amount of a preservative (see Johansen at C5 L67 to C6 L1). However, Johansen and/or Johansen in view of Wetherell, Sarrazin and Beraldo do not explicitly teach wherein the additive further comprises a predetermined percent weight of bactericide, wherein the predetermined percent by weight of bactericide is in the range of 0.01-1.0.
Like Johansen, Bowers teaches additives or admixtures for cement/concrete compositions (see Bowers at [0001] teaching the present disclosure relates generally to the preparation of a water-impervious concrete structure that is also resistant to biological contamination, see Bowers at [0010] teaching the composition comprises a colloidal silica composition… the composition further comprises a water-soluble or water-dispersible additive composition… the additive composition is preferably a member selected from the group consisting of… biocides, bactericides, fungicides, microbicides… the composition is aqueous based for ease of application on cement compositions, and see Bowers at [0025] teaching the additive composition is present in a positive amount up to about 10% by weight). Bactericide of up to about 10% by weight is taken to meet the claimed wherein the additive further comprises a predetermined percent weight of bactericide, wherein the predetermined percent by weight of bactericide is in the range of 0.01-1.0 (claims 3 and 13) (see MPEP 2144.05(I)).
As such, one of ordinary skill in the art would appreciate that Bowers teaches bactericide of up to about 10% by weight so as to prepare water-impervious concrete structure that is also resistant to biological contamination, and seek those advantages by adding bactericide of up to about 10% by weight in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add bactericide of up to about 10% by weight as taught by Bowers in the aqueous component as taught by Johansen so as to prepare water-impervious concrete structure that is also resistant to biological contamination.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Johansen in view of Bowers, Wetherell, Sarrazin and Beraldo; as evidenced by Fabbris with respect to claim 18 only, and as evidenced by AMS with respect to claim 18 only.
Regarding claim 18, Johansen teaches an additive (see Johansen at C2 L20-22 teaching a predetermined amount of an aqueous based pigment component, and see Johansen at C5 L52-53 teaching in an especially preferred embodiment of the aqueous component), the aqueous component is taken to meet the claimed additive based on the structure as outlined below,
for use with concrete mixtures (see Johansen at C1 L13-15 teaching this disclosure relates to a composition… for uniformly dispersing pigment in cement based compositions. Additionally, this limitation is directed to the intended use of the claimed additive (see MPEP § 2111.02 II)), comprising:
(a) a concrete densification agent identifying colorant, wherein the colorant further comprises a material having a predetermined color, wherein the material includes red iron oxide, and wherein the material is suspended in a solution; (b) a concrete densification agent into which the concrete densification agent identifying colorant solution is mixed (see Johansen at C5 L52-56 teaching the aqueous component comprises… water… a pigment… a suspension enhancing agent, see Johansen at C3 L56-59 teaching the suspension enhancing agent of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component, see Johansen at C3 L28-33 teaching the pigments that are incorporated into the aqueous component… such as… iron oxide… commercially available from Harcross Pigments, Inc, see Johansen C7 L45-46 teaching red oxide commercially available from Harcross Pigments, Inc). The aqueous composition is taken to meet the claimed recitation because one of ordinary skill in the art would appreciate that the pigment is suspended in the aqueous composition suspension; the red iron oxide pigment is taken to meet the claimed “colorant further comprises a pigment having a predetermined color” based on the specification at [0005] disclosing the pigment may include an inorganic pigment such as iron oxide, and the color of the iron oxide may be red,
(b) wherein the concrete densification agent comprises: (i) a predetermined percent by weight of water in pigment suspended solution, and (i) a predetermined percent by weight of water and in the concrete densification agent (see Johansen C2 L39-41 teaching the aqueous component… comprises about 50 to about 96 weight percent water);
(ii) a predetermined percent by weight of dispersant (see Johansen at C5 L58 teaching about 0.05 to about 1 weight percent of a dispersant);
(iv) a predetermined percent by weight of defoamer in pigment suspended solution, and (iv) a predetermined percent by weight of a defoamer (see Johansen at C5 L64-65 teaching about 0.01 to about 2 weight percent of an antifoaming agent), wherein the antifoaming agent is taken to meet the claimed defoamer based on MPEP stating that “a prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities” (see MPEP § 2144.09.I). In this instance, antifoams and defoamers have similar in chemistries and function, as evidenced by AMS (see AMS at page 2, paragraph 1 evidencing both antifoams and defoamers are used for foam control… given their similarities in function, they often have similar chemistries… the main difference between them is the timing of application;
(vi) a predetermined percent by weight of a freeze-thaw stabilizer (see Johansen at C5 L65-67 teaching about 0.1 to about 5 weight percent of a glycol to enhance the freeze thaw stability of the liquid component); and
(vii) a predetermined percent by weight of a thickener, wherein the thickener further comprises… a polysaccharide (see Johansen at C5 L55-56 teaching about 1 to about 3 weight percent of a suspension enhancing agent, see Johansen at C3 L56-61 teaching the suspension enhancing of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component… some of the preferred suspension enhancing agents are… hydroxyethyl cellulose). About 1 to about 3 weight percent hydroxyethyl cellulose is taken to meet the claimed polysaccharide, as evidenced by Fabbris (see Fabbris at [0003] evidencing polysaccharides, such as cellulose derivatives, such as, for example, hydroxyethylcellulose, are used in numerous fields for increasing the viscosity of compositions).
Johansen does not explicitly teach (ii) a predetermined percent by weight of bactericide in the colorant; (ii) a predetermined percent by weight of a densifier, wherein the densifier includes colloidal silica in the concrete densification agent; (iii) a predetermined percent by weight of a water repellant in the concrete densification agent; and (v) a predetermined percent by weight of urea in the concrete densification agent. However, Johansen teaches that the aqueous component… may also further comprise conventional property enhancing additives such as… preservatives… thixotropy and viscosity control agents… and other miscellaneous additives commonly known in the art… these property enhancing additives are present in amounts commonly known in the industry (see Johansen at C4 L32-40).
With respect to (iii) – bactericide, like Johansen, Bowers teaches additives or admixtures for cement/concrete compositions (see Bowers at [0001] teaching the present disclosure relates generally to the preparation of a water-impervious concrete structure that is also resistant to biological contamination, see Bowers at [0010] teaching the composition comprises a colloidal silica composition… the composition further comprises a water-soluble or water-dispersible additive composition… the additive composition is preferably a member selected from the group consisting of… biocides, bactericides, fungicides, microbicides… the composition is aqueous based for ease of application on cement compositions, and see Bowers at [0025] teaching the additive composition is present in a positive amount up to about 10% by weight). Bactericide of up to about 10% by weight is taken to meet the claimed (ii) a predetermined percent by weight of bactericide in the colorant.
As such, one of ordinary skill in the art would appreciate that Bowers teaches adding bactericide of up to about 10% by weight so as to prepare water-impervious concrete structure that is also resistant to biological contamination, and seek those advantages by adding bactericide of up to about 10% by weight in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add bactericide of up to about 10% by weight as taught by Bowers in the aqueous component as taught by Johansen so as to prepare water-impervious concrete structure that is also resistant to biological contamination.
With respect to (ii) – densifier, like Johansen, Wetherell teaches additives or admixtures for cement/concrete compositions (see Wetherell at [0032] teaching in one embodiment, colloidal silica can be used as an admixture to concrete mix… in specific embodiments, a colloidal silica solution… to provide for a finishable concrete mix even when there is up to a 90% reduction in the amount of water added to the mix). Wetherell also teaches the range of the amount of standard water that can be eliminated can be little as a few percent, (2 or 3%) to as high as 100%, given that the colloidal silica is itself in an aqueous solution with water… the substituted volume of the aqueous composition may include about 3% silica solids to about 10%, by weight of the aqueous composition… colloidal silica (see Wetherell at [0046]). About 3-10% colloidal silica is taken to meet the claimed “(ii) a predetermined percent by weight of a densifier, wherein the densifier includes colloidal silica”.
As such, one of ordinary skill in the art would appreciate that Wetherell teaches adding 3-10% colloidal silica so as to provide up to a 90% reduction in the amount of water added to the mix, and seek those advantages by adding 3-10% colloidal silica in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add 3-10% colloidal silica as taught by Wetherell in the aqueous component as taught by Johansen so as to provide up to a 90% reduction in the amount of water added to the mix.
With respect to (iii), like Johansen, Sarrazin teaches additives or admixtures for cement/concrete compositions (see Sarrazin at [0001] teaching the present disclosure relates to a composition for improving the water repellency of a substrate, which composition contains a silicon-containing compound, see Sarrazin at [0002] teaching imparting or improving water repellency of a substrate is desired for a number of substrates… for example… concrete… or other cement containing products… see Sarrazin at [0004] teaching silicone compounds are used as water repellents since years due to their durability, good hydrophobicity and ease of application… next generation of water repellents is generally water based for environmental reasons and ease of use… the active ingredients contains siloxanes, silicone resins and silanes (and combinations of them), see Sarrazin at [0008]-[0010] teaching a composition able to improve the water repellency of a substrate, which composition contains a mixture formed by combining… water… at least one silicon containing compound able to improve water repellency of a substrate, which is a silicone resin, an alkoxysilane or a polysiloxane). Sarrazin further teaches b) treatment with a solution of 3% of a commercial silicone water repellant (see Sarrazin at [0104]). Sarrazin also teaches water repellent silicon-containing compound is chosen amongst silicone resin (component A) (see Sarrazin at [0016])… commercially available phenyl silsesquioxane resins that are suitable as component (A) in silicone emulsions (see Sarrazin at [0040]). 3% phenyl silsesquioxane resins in silicone emulsion water repellant is taken to meet the claimed “(iii) a predetermined percent by weight of a water repellant”.
As such, one of ordinary skill in the art would appreciate that Sarrazin teaches 3% phenyl silsesquioxane resins in silicone emulsions water repellant imparts or improves water repellency of a substrate in for a number of substrates, for example concrete or other cement containing products due to their durability, good hydrophobicity and ease of application, and seek those advantages by adding 3% phenyl silsesquioxane resins in silicone emulsions silica in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add 3% phenyl silsesquioxane resins in silicone emulsions silica as taught by Sarrazin in the aqueous component as taught by Johansen so as to impart or improve water repellency of a substrate in a number of substrates, for example concrete or other cement containing products due to their durability, good hydrophobicity and ease of application.
With respect to (v), like Johansen, Beraldo teaches additives or admixtures for cement/concrete compositions (see Beraldo at [0001] teaching the present disclosure relates to the use of at least one nitrogen-containing organic compound and/or a salt thereof in combination with at least one aromatic carboxylic acid and/or a salt thereof for improving the freeze-thaw stability of an alkali-activated aluminosilicate, as well as a stabilized alkali-activated aluminosilicate binder). Beraldo also teaches the nitrogen-containing organic compound suitable for the purpose of the present disclosure… can be selected form the group consisting of… urea (see Beraldo at [0022]). Beraldo also teaches in particular 0.1 to 3% by weight of the nitrogen-containing organic compound and/or a salt thereof (see Beraldo at [0052]). 0.1 to 3% by weight urea is taken to meet the claimed “(v) a predetermined percent by weight of urea”.
As such, one of ordinary skill in the art would appreciate that Beraldo teaches adding 0.1 to 3% by weight urea so as to improve freeze-thaw stability, and seek those advantages by adding 0.1 to 3% by weight urea in the aqueous component as taught by Johansen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add 0.1 to 3% by weight urea as taught by Beraldo in the aqueous component as taught by Johansen so as to improve freeze-thaw stability.
With respect to (c) wherein the concrete densification is formulated to be added to a concrete mixture to indicate the presence of the concrete densification agent in the concrete mixture (this recitation is alluding to state a purpose, or intended use of the concrete densification agent, which is the intended use of the claimed additive, and does not add to the structure of the claimed additive. As such, this recitation is not given patentable weight. Alternatively, the composition as taught by Johansen is expected to be capable of being added to a concrete densification agent, and the composition as taught by Johansen is expected to be capable of being formulated to be added to a concrete mixture to indicate the presence of the concrete densification agent in the concrete mixture).
Regarding claim 19, Johansen in view of Bowers, Wetherell, Sarrazin and Beraldo teach the limitations as applied to claim 18 above, and Johansen in view of Bowers, Wetherell, Sarrazin and Beraldo further teaches (a) wherein the predetermined percent by weight of water in the colorant is in the range of 15-56, and (b) wherein the predetermined percent by weight of water in the concrete densification agent is in the range of 35.0-75.0 (see Johansen at C2 L39-40 teaching the aqueous component… comprises about 50 to about 96 weight percent water) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of dispersant in the colorant is in the range of 4.0-10.0 (see Johansen at C2 L59-60 teaching optionally about 0.01 to about 5 weight percent dispersant) (see MPEP 2144.05(I)); and
wherein the predetermined percent by weight of defoamer in the colorant is in the range of 0.05-0.5; and wherein the predetermined percent by weight of defoamer in the concrete densification agent is in the range of 0.05-0.5 (see Johansen at C5 L64-65 teaching about 0.01 to about 2 weight percent of an antifoaming agent) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of densifier in the concrete densification agent is in the range of 10.0-40.0 (see Wetherell at [0046] teaching the substituted volume of the aqueous composition may include about 3% silica solids to about 10%, by weight of the aqueous composition) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of water repellant in the concrete densification agent is in the range of 1.0-5.0 (see Sarrazin at [0104] teaching treatment with a solution of 3% of a commercial silicone water repellant, see Sarrazin at [0016] teaching water repellent silicon-containing compound is chosen amongst silicone resin (component A), and see Sarrazin at [0040] teaching commercially available phenyl silsesquioxane resins that are suitable as component (A) in silicone emulsions) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of urea in the concrete densification agent is in the range of 0.1-5.0 (see Beraldo at [0052] teaching 0.1 to 3% by weight, see Beraldo at [0022] teaching urea) (see MPEP 2144.05(I));
wherein the predetermined percent by weight of freeze-thaw stabilizer in the concrete densification agent is in the range of 0.1-5.0 (see Johansen at C5 L65-67 teaching about 0.1 to about 5 weight percent of a glycol to enhance the freeze thaw stability of the liquid component) (see MPEP 2144.05(I)); and
wherein the predetermined percent by weight of thickener in the concrete densification agent is in the range of 0.50-5.0 (see Johansen at C5 L55-56 teaching about 1 to about 3 weight percent of a suspension enhancing agent, see Johansen at C3 L56-61 teaching the suspension enhancing of the aqueous component… is a substance that decreases the settling of the aqueous component and thereby aids in the stabilization of the aqueous component… some of the preferred suspension enhancing agents are… hydroxyethyl cellulose) (see MPEP 2144.05(I)).
Regarding claim 20, Johansen in view of Bowers, Wetherell, Sarrazin and Beraldo teach the limitations as applied to claim 18 above, and Johansen further teaches wherein the water repellant includes… siloxane emulsion (see Sarrazin at [0104] teaching treatment with a solution of 3% of a commercial silicone water repellant, see Sarrazin at [0016] teaching water repellent silicon-containing compound is chosen amongst silicone resin (component A), and see Sarrazin at [0040] teaching commercially available phenyl silsesquioxane resins that are suitable as component (A) in silicone emulsions),
wherein the freeze-thaw stabilizer includes a glycol, and wherein the glycol is… ethylene glycol (see Johansen at C5 L63-67 teaching aqueous component may further comprise… a glycol to enhance the freeze thaw stability of the liquid component, see Johansen at C5 L7-8 teaching the other miscellaneous enhancing additives which may be used are… ethylene glycol).
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive.
Applicant discusses that Johansen has been mischaracterized because the claimed concrete densification agent of the application has been largely disregarded or ignored by the rejection… the coloring compositions of Johansen are not intended for use with concrete densification agents or to indicate the presence of a concrete densification agent in a final concrete product… additionally, the pigmented composition of Johansen is added directly to a concrete mixture, not to a densification agent, that results in a cement based composition… whereas Applicant’s independent claims recite pigmented solution uniquely and specifically formulated to be an identifier of a concrete densification agent that is included in a concrete mixture and ultimately in a final concrete (see Applicant’s arguments at page 9 paragraph 1 to page 12, paragraph 1).
Examiner acknowledges the arguments and respectfully notes that the claimed invention belong to the statutory class of product. As such, only the structure of the examined claims is considered. Independent claim 1 recites an additive comprising a pigment (or iron oxide), water, dispersant and defoamer; independent claim 11 recites an additive comprising a colorant (or iron oxide), water, dispersant and defoamer mixed with water, densifier, water repellant, defoamer, urea, freeze-thaw stabilizer and thickener; and independent claim 18 recites an additive comprising a colorant (or iron oxide), water, dispersant, bactericide and defoamer mixed with water, densifier (or colloidal silica), water repellant, defoamer, urea, freeze-thaw stabilizer and thickener. Johansen has reasonably met the product structure/limitations as claimed.
Furthermore, with respect to the argument – “the independent claims recite pigmented solution uniquely and specifically formulated to be an identifier of a concrete densification agent” – this argument is alluding to state a purpose, or intended use of the plurality of structures, or a method of using the claimed additive, which is a different statutory category from the claimed additive (or product/manufacture) (see MPEP § 2106.03.I), and does not add to the structure of the claimed additive. As such, this recitation is not given patentable weight). Additionally, the aqueous based pigment component as taught by Johansen is expected to be capable of being formulated to be an identifier of a concrete densification agent. Moreover, MPEP states that “[i]t is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant” (see MPEP 2144.IV). And, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Accordingly, Examiner maintains the prior art rejection based on Johansen.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MARITES A GUINO-O UZZLE/Examiner, Art Unit 1731