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 .
Election/Restrictions
Applicant's election with traverse of Group II, claims 15- 20 in the reply filed on 01/13/2026is acknowledged. The traversal is on the ground(s) that there is no burden to examine all the claims. This is not found persuasive because the examiner is burdened to search both relevant patent and patent applications as well as non-patent literature in the examination of the claims. Burden consists not only of specific searching of classes and subclasses, but also of searching multiple databases for foreign references and literature searches. Burden also resides in the examination of independent claim sets for clarity, enablement and double patenting issues.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
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 15-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “high” in claims 15-20 is a relative term which renders the claim indefinite. The term “high” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2018194831A1, further in view of US20200010373A1(US’373).
Regarding claims 15 and 19-20, WO2018194831A1 discloses that refractory linings are composed of high temperature resistant materials in the form of a wall or panel to contain heat, molten metals and/or slags in furnaces and/or vessels. Refractory linings may be used in tundishes, ladles, blast furnace troughs, electric arc furnace (EAF) bottoms, and vessels or confinement devices such as troughs, runners, and channels. The porous cast refractory material of the present invention can be used for attracting slag/impurities, insulating vessels, inhibiting the entry of oxygen into molten metals, and reducing erosion or corrosion of a lining. See [0049].
The porous refractory cast material comprising a closed refractory aggregate; and a binder phase comprising refractory binder comprising silicon carbide. The weight percentage of the aggregate fraction to the combined weight of the aggregate fraction and the binder phase is within the range from and including 70 weight percent to and including 98 weight percent. The binder phase comprises a material silicon carbide. The closed refractory aggregate fraction comprises a material selected from the group consisting of alumina, magnesite, zirconia, calcium oxide, silica, spinel, calcium aluminates, mullite, olivine, forsterite, zircon, calcium silicate, AZS, and combinations of these materials. See claims 1-8, [0036] and [0038].
But it I silent about the SIC being the polymer derived SiC.
US’373 discloses that polymer derived SiC is cost effective and having higher purity SiC. The polymer derived SiC, and in particular ultra pure SiC, can be combined with other ceramic power formulations to provide enhanced benefits, reduced costs and both to processes that uses these other ceramic powers. See [0022] and [0111].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use the polymer derived SiC in the teaching of WO2018194831A1, motivated by that fact that US’373 discloses that polymer derived SiC is cost effective and having higher purity SiC. The polymer derived SiC, and in particular ultra pure SiC, can be combined with other ceramic power formulations to provide enhanced benefits, reduced costs and both to processes that uses these other ceramic powers. See [0022] and [0111].
Regarding claim 16, WO2018194831A1 discloses that the weight percentage of the aggregate fraction to the combined weight of the aggregate fraction and the binder phase is within the range from and including 70 weight percent to and including 98 weight percent. The binder phase comprises a material silicon carbide. See claims 1-8. Since the content of the SiC is in the range of 2-30 weight percent, it appears the volume percent of SiC is read on the claimed range (volume=mass/density). Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claims 17 and 18, WO2018194831A1 discloses that the closed refractory aggregate fraction comprises a material selected from the group consisting of alumina, magnesite, zirconia, calcium oxide, silica, spinel, calcium aluminates, mullite, olivine, forsterite, zircon, calcium silicate, AZS, and combinations of these materials. The melting point of alumina is 2072 °C. See claims 1-8, [0036] and [0038].
Conclusion
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/SHUANGYI ABU ALI/Primary Examiner, Art Unit 1731
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