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 § 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.
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) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuroki USPA_20180009926_A1.
1. Regarding Claims 1, 3-6, 10, and 12-14, Kuroki discloses a primer layer (corresponds to claimed first radically polymerizable resin composition of instant Claim 1 and underlayer of instant Claim 13) (paragraph 0053, [13], [19]) that can be cured (corresponds to claimed first cured product of instant Claim 12) (Title) comprising a radical-polymerizable resin compound (corresponds to claimed A-1/A-2 of instant Claim 1), such as vinyl ester resin (corresponds to limitation of instant Claim 3), a radical-polymerizable unsaturated monomer (corresponds to claimed B-1/B-2 of instant Claim 1) (paragraph 0053, [11]), a radical polymerization initiator (corresponds to claimed D-1/D-2 of instant Claim 1) (paragraph 0053, [21]), such as hydroperoxides (corresponds to claimed limitation of instant Claim 5) (paragraph 0153), and an unsaturated monobasic acid (corresponds to claimed acidic compound C of instant Claims 1 and 10) (paragraph 0123). Additionally, the aforementioned radical polymerizable resin composition can comprise quicklime (corresponds to claimed expansive additive J of instant Claims 1 and 4) (paragraph 0164), a metal-containing compound (corresponds to claimed E-1/E-2 of instant Claim 6) (Abstract), a thiol compound (corresponds to claimed F-1/F-2 of instant Claim 6) (Abstract), and silica sand (corresponds to claimed aggregate K of instant Claim 1) (paragraph 0765). Furthermore, Kuroki discloses that a further composition layer (corresponds to claimed second radically polymerizable resin composition of instant Claim 1, second cured product of instant Claim 12, and filling layer of instant Claim 13) can be applied on top of the aforementioned layer, such that it results in a multilayering (paragraphs 0229, 0346, 0864). Finally, Kuroki discloses using the aforementioned as a material that is injected into a bolt box (corresponds to claimed recess filling kit of instant Claim 1, cured product of instant Claim 12, and recess filling method of instant Claims 13 and 14) (paragraph 0253). Although all of the aforementioned limitations are not found within a single, exemplified embodiment, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to try different embodiments out of a desire for optimization as is routinely done in the art.
2. Regarding Claims 2 and 7, Kuroki discloses that said aggregate and expansive additives can be used for the purpose of enhancing workability and for controlling physical properties (paragraph 0163). Although the claimed concentration is not disclosed, the Examiner respectfully submits that it would’ve been obvious to one of ordinary skill in the art at the time the invention was filed to modify the aggregate and expansive additive concentration depending on the workability and physical properties desired.
3. Regarding Claims 8 and 11, although the concentration is not disclosed, the Examiner respectfully submits that the use of a polymerization initiator is well-known in the art and is routinely used in the quantity that the end-product desires for polymerization. Kuroki discloses that said polymerization initiator can be a photoradical polymerization initiator having photosensitivity from UV to visible light region (paragraphs 0053 0235), as is being claimed in instant Claim 11.
4. Regarding Claim 9, although the concentration is not disclosed, the Examiner respectfully submits that the use of the acidic compound is well-known in the art and is routinely used in the quantity that the end-product desires for acidity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAHSEEN KHAN whose telephone number is (571)270-1140. The examiner can normally be reached Mondays-Saturdays 08:00AM-10:00PM.
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/TAHSEEN KHAN/Primary Examiner, Art Unit 1781 July 1, 2026
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