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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Friedel et al. (US 2013/0087080).
In ¶ 9-17 and 40-43, Friedel et al. teach an hydraulically setting composition comprising an aqueous emulsion (oil-in-water) comprising 2.5% to 90% by weight of a fluoroorganyl-substituted silane and/or siloxane and 0.01 to 5% of at least one nonionic alkoxylated alcohol emulsifier (see ¶ 44);
wherein the organosiloxane is exemplified by the condensate product of 25% of N-[N'-(2-aminoethyl)-2-aminoethyl]-3-aminopropyltrimethoxysilane (with SiC-bonded C2 and C3 radicals) and 75% of tridecafluor-1,1,2,2-tetrahydrooctyltriethoxysilane (with a SiC-bonded C8 radical) (See ¶ 66).
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELECHI CHIDI EGWIM whose telephone number is (571)272-1099. The examiner can normally be reached M-Th 9-7.
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/KELECHI C EGWIM/ Primary Examiner, Art Unit 1762 KCE