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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 has been entered.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Araos (WO2013013272) in view of Araos (WO2020085986) and Bluhm (3447978).
Regarding claims 1-3, Araos (272) discloses an emulsion explosive including hydrogen peroxide from 25-85 % (pg. 4, lines 26-34), emulsifier up to 5% (pg. 11, lines 1-20), oil from 5-30 % (pg. 8, lines 20-34), and nitrates such as ammonium (pg. 12, lines 1-15).
Araos (986) teaches the use of the claimed stabilizer (see claim 7) for a hydrogen peroxide emulsion explosive.
Bluhm teaches that cetyl alcohol is a known supplementary fuel that can be used in combination with emulsion explosives (col. 5, lines 20-25).
It would have been obvious to one having ordinary skill in the art at the time the invention was made and/or filed to use the stabilizer as taught by Araos (986) with the hydrogen peroxide explosive of Araos (272) since Araos (986) suggests that it works to stabilize hydrogen peroxide emulsion explosives. It is also obvious to use varying amounts of the nitrate material since it is disclosed as an oxidizer and one of skill would know to optimize the amount to achieve the desired oxidizing effect. It is also obvious to use cetyl alcohol in addition to the fuels disclosed by Araos (272) since both relate to emulsion explosive and since Araos (272) indicates that mixtures of known fuels can be used. Further, Bluhm teaches that cetyl alcohol is a known supplemental fuel for emulsion explosive. It is obvious to use varying amount of the supplementary fuel to optimize the performance of the explosive since Bluhm identifies the compound as contributing to the reduction properties of the explosive (i.e. fuel) and it is well-settled that optimizing a result effective variable is well within the expected ability of a person of ordinary skill in the subject art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980), In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955). The oil thickener wil inherently inhiobit self-gassing since the same chemical is being used. The effect of increasing energy and inhibition of self-gassing by the DTPMPA is also inherent since the prior art discloses DTPMPA. As to limitations which are considered to be inherent in a reference, note the case law of In re Ludke, 169 USPQ 563; In re Swinehart, 169 USPQ 226, In re Fitzgerald, 205 USPQ 594; In re Best et al, 195 USPQ 430; and In re Brown, 173 USPQ 685, 688.
Regarding claim 5, Araos (272) discloses the use of microballoons and gas bubbles (pg. 5, lines 1-15).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
The prior art discloses the same claimed ingredients. Applicant has claimed what the chemicals do in the mixture. Since the prior art has the same chemicals, they will have the same functions. Applicant cannot remove the function from the chemical just because another function is identified.
In response to applicant's argument that there is a different reason for using the claimed compounds, 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).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AILEEN BAKER FELTON whose telephone number is (571)272-6875. The examiner can normally be reached Monday 9-5:30, Thursday 11-3, Friday 9-5:30.
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/AILEEN B FELTON/Primary Examiner, Art Unit 1734