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 Interpretation
Claim 21 recites “A method for forming a radiation shielding composite material comprising: mixing radiation absorbing compounds with basalt to form a mixture with the radiation absorbing compounds being selected from the group consisting of borates, boron compounds, and gadolinium compounds; melting the mixture in a melting chamber through induction heating to produce a melted mixture; forming the melted mixture into basalt fibers; finishing the basalt fibers; and combining the basalt fibers with a matrix material to form radiation shielding material.” The phrase "selected from the group of" indicates that at least one of this absorbing compounds is required as part of the mixture, and claim is similarly rejected.
Claim 35 recites “A method for forming a radiation shielding composite material comprising: mixing radiation absorbing compounds with basalt to form a mixture with the radiation absorbing compounds including between at least 5% and about 30% of heavy metals having high neutron absorption cross sections selected from the group of Gadolinium and Boron, Hafnium, Samarium, and Europium; melting the mixture in a melting chamber through induction heating to produce a melted mixture; forming the melted mixture into basalt fibers; finishing the basalt fibers; and combining the basalt fibers with a matrix material to form radiation shielding material.” The phrase "selected from the group of” indicates that at least one of these heavy metals is required as part of the mixture.
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 26-30 and 35-40 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.
Claim 26 recites “wherein the melted mixture includes up to about 20% of boron oxide” in line 1-2. Claim lack sufficient clarity as to the basis for the percentages. For the purpose of examination, all the percentages have been interpreted on the basis of “% wt”.
The term “about” in claims 26-30 and 35 is considered a relative term which renders the claim indefinite. The term “about” 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. For example, claim 26 recites “about 20%” and it is unclear whether such range includes 18-21 or 19-20 or the boundaries of the claimed percentage. Similarly, claims 27-30, and 35-40 are rejected.
Furthermore, claim 35 recites “wherein radiation absorbing compounds have a predetermined composition to form basalt fibers having a composition of between about 45% and about 68% silicon dioxide, between about 14% and about 23% aluminum oxide, up to about 15% metal oxides, and up to about 30% of heavy metals having high neutron absorption cross sections selected from the group of Gadolinium and Boron”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 35 recites the broad recitation 45% to 68% of metal oxide (silicon oxide), 14/% to 23% metal oxide (aluminum oxide), and the claim also recites up to about 15% metal oxides, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Furthermore, the claim subject matter is vague and indefinite, since applicant already claims “aluminum oxide” which is also known metal oxide, it is unclear whether applicant intend to claim additional metal oxides other than aluminum oxide and silicon dioxide as already claimed. For the purpose of examination, the Examiner considers that applicant intend to claim other metal oxides such as specified in the specification (see [0022]). Applicant is urged to amend claim appropriately.
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 21-22, 24-26, 29, 31-34, 36, 38-40 are rejected under 35 U.S.C. 103 as being unpatentable over Romanenko, et al.: New composite material based on heavy concrete reinforced by basalt-boron fiber for radioactive waste management, EPJ - Nuclear Sciences & Technologies, Vol. 5, 2019, ISSN 2491-9292, in view of Biland et al. (US 2017/0362111 A1).
Regarding claim 21, Romanenko, et al. teach a method for forming a radiation shielding composite material (see Romanenko et al. abstract “A new composite material with neutron radiation shielding properties”) comprising:
mixing radiation absorbing compounds with basalt (rock) to form a mixture with radiation absorbing compounds (“The concrete samples reinforced by two types of basalt-boron-fiber with different dosages” see abstract; pages 1-9); the radiation absorbing compound being selected from the group consisting of borates, boron compounds, and gadolinium compounds (“The first experimental samples of BBF were prepared in Institute for Problems in Materials Science in Ukraine for two different types of basalt fibers infused with boron as reinforcing material. The first type of BBF, hereinafter referred to as BasBor6, contains 6% of B2O3, of which 19.8% B-10 and 80.2% B-11. The second type of BBF, represented in the text as BasBor12, contains 12% of B2O3, of which 19.8% B-10 and 80.2% B-11. The chemical composition of the BBF with the infusion of boron BasBor6 is displayed on Table 1. The chemical composition of the BBF with the infusion of boron BasBor12 is displayed in Table 2.” See page 2, last paragraph);
melting the mixture in a melting chamber to produce a melted mixture, forming the melted mixture into basalt fibers, finishing the basalt fibers; and combing the basalt fibers with a matrix material to form radiation shielding material (see “Basalt fiber is produced similarly to glass fiber. The BF production contains several stages: the preparation of the basalt rock, the melting, the formation of fiber, the drying of the fiber, cutting the fiber and obtaining final products” see Romanenko et al. page 2, section 2).
However, Romanenko et al fail to teach explicitly teach induction heating to form a melted mixture.
In the same field of endeavor, pertaining to basalt fibers, Biland et al. teach melting the basalt or igneous rock in an induction heater for high temperature melting for the purpose of producing the material into fiber (see Fig. 3; Biland et al, [0025]-[0026] , and additionally see claim 27). By doing so, Biland et al. teach that it overcomes the problem of maintaining homogeneity in the melt, better temperature distribution, and eliminating the need for special homogenization chamber/zone as homogenization occurs during the melting stage (see [0024], [0026]).
It would have been obvious to combine the process of forming composite from basalt fibers as taught by Romanenko, et al. with having to use induction heating for melting the basalt material (rock), as taught by Biland et al., for the benefit of maintaining homogeneity in the melt, better temperature distribution, and eliminating the need for special homogenization chamber/zone as homogenization occurs during the melting stage (see [0024]-[0026]), thereby, producing fibers with desired tensile strength, elasticity, and quality (see Biland et al., [0002]-[0003]).
As for claim 22, Romanenko, et al. further teach wherein the forming step forms basalt fibers selected from group consisting of basalt-boron fibers, basalt-gadolinium fibers, and basalt-boron gadolinium fibers (see “The first experimental samples of BBF were prepared in Institute for Problems in Materials Science in Ukraine for two different types of basalt fibers infused with boron as reinforcing material. The first type of BBF, hereinafter referred to as BasBor6, contains 6% of B2O3, of which 19.8% B-10 and 80.2% B-11. The second type of BBF, represented in the text as BasBor12, contains 12% of B2O3, of which 19.8% B-10 and 80.2% B-11. The chemical composition of the BBF with the infusion of boron BasBor6 is displayed on Table 1. The chemical composition of the BBF with the infusion of boron BasBor12 is displayed in Table 2.” See page 2, last paragraph).
As for claims 24-25, Romanenko, et al. further teach combining the basalt fibers with matrix material (concrete) to form radiation shielding material as discussed above (see page 1 m col 2. Para 2); concentration of basalt fiber is between 60 kilograms per cubic meter and about 20 kilograms per cubic meter (see page 3. Section 3.1, the addition of basalt-boron fiber in concrete has effects for fiber dosage 20 kg/m3 and 30 kg/m3 in case of thermal and fast neutrons).
As for claim 26, Romanenko, et al. further teach wherein the melted mixture includes up to about 20% boron oxide (page 1. Col 2 para 2 “a new type of composite material based on heavy concrete reinforced by improved basalt-boron fiber (BBF), in which the boron oxide is added during the production process”; pg. 2. Col 1, para 1 the process of BBF production …requires only one supply line on crushed basalt rocks in the furnace for melting. The basalt breed is first crushed, then washed, dried and loaded into containers attached to the heater, which mixes the basalt to the melting bath in gas ovens; page 2 para 1 state type of BBF, represented in the text as BasBor12, contains 12% of B2O3).
As for claim 29, Romanenko, et al. teach similar steps of forming basalt fibers and similar materials, as recited above, thus it would inherently produce amorphous basalt fibers as claimed via melting (see Romanenko, page 2).
As for claims 31-33 and 38-40, Romanenko, et al. teach all the limitation, except, wherein the melting chamber is heated to a temperature within the range of between 1500 oC and about 2500 oC; wherein the mixture is melted within the melting chamber for between about 15 minutes to about 60 minutes...as claimed.
In the same field of endeavor, pertaining to basalt fiber for shielding, Biland et al. teach melting chamber is heated to a temperature within the range of between 1500 oC and about 2500 oC ([0086]-[0087], [0076], and additionally see claim 8) desired amount of time until homogeneity ([0086]-[0087]). Biland et al. also disclose stirring the mixture through an adjustment of induction frequency and power (see Fig. 3; [0037], [0086]).
It would have been obvious to one ordinary skilled in the art at the time of the Applicant’s effective filing of the invention to have modified the process of producing radiation shielding composite, as taught by Romanenko, et al. with optimized/controlled furnace temperature, time, and mixing, for melting of basalt, as taught by Biland et al., for the benefit of desired homogeneity in the basalt fiber material produced and for further using the basalt fiber for use in radiation shielding material.
As for claim 34, Romanenko, et al. further teach chopping the basalt fibers (see Romanenko, Basalt fiber is produced similarly to glass fiber. The BF production contains several stages: the preparation of the basalt rock, the melting, the formation of fiber, the drying of the fiber, cutting the fiber and obtaining final products” see Romanenko et al. page 2, section 2), therefore, based on the size of the basalt fibers produced, it would have been within the level of one ordinary skilled in the art to further chop them into shorter fibers during combining with matrix material (concrete) to produce the desired shielding structure.
Regarding claim 36, Romanenko, et al. teach a method for forming a radiation shielding composite material (see Romanenko et al. abstract “A new composite material with neutron radiation shielding properties”) comprising:
mixing radiation absorbing compounds with basalt (rock) to form a mixture with radiation absorbing compounds (“The concrete samples reinforced by two types of basalt-boron-fiber with different dosages” see abstract; pages 1-6); the radiation absorbing compound being selected from the group consisting of borates, boron compounds, and gadolinium compounds between 5 -30% (“The first experimental samples of BBF were prepared in Institute for Problems in Materials Science in Ukraine for two different types of basalt fibers infused with boron as reinforcing material. The first type of BBF, hereinafter referred to as BasBor6, contains 6% of B2O3, of which 19.8% B-10 and 80.2% B-11. The second type of BBF, represented in the text as BasBor12, contains 12% of B2O3, of which 19.8% B-10 and 80.2% B-11. The chemical composition of the BBF with the infusion of boron BasBor6 is displayed on Table 1. The chemical composition of the BBF with the infusion of boron BasBor12 is displayed in Table 2.” See page 2, last paragraph); melting the mixture in a melting chamber to produce a melted mixture, forming the melted mixture into basalt fibers, finishing the basalt fibers; and combing the basalt fibers with a matrix material to form radiation shielding material (see “Basalt fiber is produced similarly to glass fiber. The BF production contains several stages: the preparation of the basalt rock, the melting, the formation of fiber, the drying of the fiber, cutting the fiber and obtaining final products” see Romanenko et al. page 2, section 2).
However, Romanenko et al fail to teach explicitly teach induction heating to form a melted mixture.
In the same field of endeavor, pertaining to basalt fibers, Biland et al. teach melting the basalt or igneous rock in an induction heater for high temperature melting for the purpose of producing the material into fiber (see Fig. 3; Biland et al, [0025]-[0026] , and additionally see claim 27). By doing so, Biland et al. teach that it overcomes the problem of maintaining homogeneity in the melt, better temperature distribution, and eliminating the need for special homogenization chamber/zone as homogenization occurs during the melting stage (see [0024], [0026]).
It would have been obvious to combine the process of forming composite from basalt fibers with having to use induction heating for melting the basalt material, as taught by Biland et al., for the benefit of maintaining homogeneity in the melt, better temperature distribution, and eliminating the need for special homogenization chamber/zone as homogenization occurs during the melting stage (see [0024]-[0026]), thereby, producing fibers with desired tensile strength, elasticity, and quality (see Biland et al., [0002]-[0003]).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Romanenko, et al.: New composite material based on heavy concrete reinforced by basalt-boron fiber for radioactive waste management, EPJ - Nuclear Sciences & Technologies, Vol. 5, 2019, ISSN 2491-9292, https://doi.org/10.1051/epjn/2019050. in view of Biland et al. (US 2017/0362111 A1), in further view of Ipbükeret et al., Radiation shielding properties of a novel cement-basalt mixture for nuclear energy applications, Nuclear Engineering and Design, Vol. 284, 2015.
As for claim 23, Romanenko, et al. teach including matrix material as concrete however, fails to teach using Portland cement, barite concrete, or geopolymer as claimed.
In the same field of endeavor, pertaining to radiation shielding composite, Ipbükeret et al. teach using barite concrete (see page 2, section 2.2. “This computational study uses two different types of cement mixed with normal crushed stone aggregate and barite (BaSO ) aggregate. It is assumed that the grain diameter ranges between 0 and 16 mm. The type of cements are CEM II/A-T 42.5R Burnt Shale Rapid Cement with main constituent as burnt shale and CEM I 52.5R Ultra Cement with main constituent as limestone. The chemical properties of the cements were provided by Kunda Nordic Heidelberg Cement Group, Estonia. In addition, the unit weight of normal aggregate and barite aggregate are respectively 2.6g/cm and 4.0g/cm. W/C ratio is defined as low as possible which in our case is 0.25.”).
It would have been obvious to one ordinary skill in the art at the time of the Applicant’s invention effectively filed to modify the composite mixture Romanenko, et al. by incorporating specific type matrix material (i.e. barite concrete), as suggested by Ipbükeret et al., for the benefit of producing structural component having radiation shielding properties including gamma-ray shielding characteristics (see Ipbükeret et al., abstract).
Claims 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Romanenko, et al.: New composite material based on heavy concrete reinforced by basalt-boron fiber for radioactive waste management, EPJ - Nuclear Sciences & Technologies, Vol. 5, 2019, ISSN 2491-9292, in view of Biland et al. (US 2017/0362111 A1) in further view of Science Application International Corp (WO 1998/042793).
As for claims 27-28, Romanenko, et al. teach wherein the melted mixture includes about 10% boron oxide, however, fails to teach including about 10% or up to 20% gadolinium oxide.
In the same field of endeavor, pertaining to radiation shielding material, Science teaches about 10 wt% gadolinium oxide (see Science, page. 6 lines. 30-34; pg. 7. Line 3-24 In some cases a radiation shielding material… materials such as hydrogen, boron, gadolinium，haihium, erbium， and/or indium in their non-radioactive isotopes can be added in the mixture in the appropriate chemical form (usually the oxide) to provide additional neutron shielding effectiveness. The shielding materials are formed by applying sufficient heat to the mixture to cause a pyrolytic reaction that forms a solid material; page 18 lines 30-34 precursor mixture also advantageously includes additives, comprising typically up to 20% of the binding material, for enhanced shielding, heat transfer, or stability. Typical additive includes gadolinium…These additives are includes in the appropriate chemical forms. For example, alumina binder can be combined with boric acid and/or gadolinium oxide).
It would have been obvious to one ordinary skill in the art at the time to the applicant’s invention to modify Romanenko to include about 10 wt% gadolinium oxide as taught by Science, for the benefit of providing improved radiation shielding materials for the storage, transportation, and disposal of radioactive materials (Science, page 1, lines 22-23).
Claims 30, 35, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Romanenko, et al.: New composite material based on heavy concrete reinforced by basalt-boron fiber for radioactive waste management, EPJ - Nuclear Sciences & Technologies, Vol. 5, 2019, ISSN 2491-9292 in view of Biland et al. (US 2017/0362111 A1), in further view of Zubko et al. (US 9,771,294 B1).
As for claim 30, Romanenko, et al. teach all the limitation to the claim invention as discussed above, fail to teach the radiation absorbing compounds include at least 8% iron oxide.
In the same field of endeavor, pertaining to basalt fiber, Biland et al, teach that conventional rock melt (basalt in particular) has up to 15% iron oxides (see [0015]).
Also, in the same field of endeavor, pertaining to radiation shielding materials, basalt fibers, Zubko et al. teach the basalt fiber further include an additive, the additive can be an oxide including iron oxide and aluminum oxide (see col 13 lines 40-50).
It would have been obvious to one ordinary skill in the art at the time of effective filing of the applicant’s invention to modify Romanenko with having optimized quantity of iron oxide, as taught by Biland and Zubko et al., for the benefit of achieving tension stability in the basalt fiber (see col 13 lines 35-50), and further benefit of using these fibers for radiation shielding. Similar rejection applies to claim 37.
As for claim 35, Romanenko, et al. further teach the basalt fibers including BasBor6 (6%) or B2O3 (19.8%). Biland et al, teach states that conventional rock melt (basalt in particular) has up to 15% iron oxides (see [0015]). Also, in the same field of endeavor, pertaining to radiation shielding materials, basalt fibers, Zubko et al. teach the basalt fiber further include an additive, the additive can be an oxide including iron oxide and aluminum oxide (see col 13 lines 40-50). It would have been obvious to modify Romanenko with having optimized quantity of additive, as taught by Biland and Zubko et al., for the benefit of achieving tension stability in the basalt fiber (see col 13 lines 35-50), and further benefit of using these fibers for radiation shielding.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 7,294,375 B2 -a radiation shielding material comprising: Portland cement; and at least one metallic material selected from the group consisting of iron, carbon steel and stainless steel in any of particulate, powder and fiber forms; and wherein the radiation shielding material has a content of calcium hydroxide in a range of 15% to 60% by mass after hardening through hydration reaction, and the content of the at least one metallic material is in a range of 10% to 70% by mass after hardening through hydration reaction.
US 11,485,685 B2 - An inorganic fiber toughened inorganic composite artificial stone panel, including Portland cement, and basalt fibers (see claims).
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NAHIDA SULTANA
Primary Examiner
Art Unit 1743
/NAHIDA SULTANA/Primary Examiner, Art Unit 1743