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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/18/2024 has been considered by the examiner.
Claim Objections
Claims 4, 15 and 22 are objected to because of the following informalities: an extra “T” appears at the beginning of each claim – this appears to be a minor clerical error. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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) 1-4, 13-14, 19-20, 22, 25-27 and 29 is/are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by Turnquist et al (WO 2020068115A1)
Regarding Independent Claim 2 and Claim 1:
Turnquist et al (WO 2020068115A1) discloses process for additive manufacturing (i.e. 3 D printing) cement structures by additively printing concrete [0001] by layering [0003] with a 3D printing apparatus [0007] (i.e. layering) (meeting the method steps of instant claim 1 and the intended use of claim 2 for use in forming a structure through three dimensional printing) with a composition comprising cement materials such as:
Hydraulic and Portland cement which are combined with fine aggregate such as sand to form mortar [0034] (thereby disclosing a powder mortar) (there being no definition of particle size for powder said term has been given the broadest reasonable interpretation in view of the specification such as instant specification at [0052] where mortar comprises fine aggregate meeting the limitation for powder and meeting claims 1-2 for mortar powder)
The composition comprising polymeric materials include poly epoxides and bisphenol F epoxy resin, bisphenol A epoxy resin, epoxidized novolacs, glycidyl amine epoxy resin and combinations thereof [0037 0039] (meeting he limitation for epoxies of claims 1-2) The polymeric adhesive may be a water polymeric adhesive [0041] (meeting he limitation for a water based epoxy)
Regarding Claims 3-4:
Turnquist discloses the limitations above set forth and a composition comprising cement materials such as:
Hydraulic and Portland cement which are combined with fine aggregate such as sand to form mortar [0034] (teaching the mortar comprising cement and aggregate of claim 3 and hydraulic cement of claim 4)
Regarding Claims 13-14:
Turnquist discloses the limitations above set forth
An adhesive formulation may be utilized comprising mortar, polymeric materials and admixtures of cement material and polymeric material and include cementious mortar which includes fine aggregate and Portland cement. [0036] (i.e. a mortar powder of claim 2 and cement and aggregate of claim 3 and admixtures of claim 15)
The composition may also comprise additives such as accelerators, retarders, extenders, weighting agents, dispersants, fluid loss control agent, lost circulation agents, strength retrogression prevention agents, free water/fluid control agents, expansion agents, plasticizers, superplasticizers and so forth [0034] (meeting claim 14)(also meeting claim 15 for admixture – see instant specification at [0028] [0065] listing some possible supplementary materials which meet the limitation for an admixture)
The term “admixture” has been afforded the broadest reasonable interpretation in view of the specification. The specification at [0053] indicates said term refers to a constituent of mortar that serves to improve working or hardened properties. Given the breadth of the definition any additive will be deemed to meet this limitation.
Regarding Claims 19-20, 22, 25-27 and 29:
Turnquist discloses the limitations above set forth. Turnquist teaches the polymeric materials include poly epoxides and bisphenol F epoxy resin, bisphenol A epoxy resin, epoxidized novolacs, glycidyl amine epoxy resin and combinations thereof [0037 0039] (meeting he limitation for epoxies of claim 2 and for polymeric resin of claim 19 and for bisphenol based epoxy of claim 20 and for water based epoxy of claim 22) The polymeric adhesive may be a water polymeric adhesive [0041] (meeting he limitation for a water based epoxy)
The mortar may include 1-50 wt. % cement material and 0.1 to 99 wt. % polymer material [0043-0044]
The composition comprises admixtures of cement and polymeric material [0036]
The adhesive polymer may be 0.1 to 99 wt.% [0044] (thereby overlapping the ratio of claim 23 – i.e. 3 % polymer to 75 % mortar)
The poly epoxide may be combined with a curing agent such as aliphatic, alicyclic, aromatic poly amines and poly amino amides and acid anhydrides . The curing agent is in an amount of 0.3 to 5 times by weight the active hydrogen equivalent of the epoxy group [0040] (meeting the limitations of claims 25-27 and claim 28 for acid anhydride) The curing agents include alcohol and phenols [0040]The material may be cured p[0035] (thereby overlapping the ratio of claim 32 – the polymer epoxide is 0.1 to 99 wt. % and the curing agent is 0.3 to 5 x weight of the active hydrogen equivalent of the epoxy group for example 1 gram epoxy to 1 gram curing agent 1:1wq).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5, 11, 15, 23 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turnquist et al (WO 2020068115A1) as applied to claims 1-4, 13-14, 19-20, 22, 25-27 and 29 above and in the alternative further in view of Memari et al (US 2021/0395149) published 12/23/2021 with an effective filing date of 6/19/2020 with no common inventors or assignee)
Regarding Claims 5, 11, 15, 23, 32
The cement material includes calcium silicate [0034] (meeting claim 5)
An adhesive formulation may be utilized comprising mortar, polymeric materials and admixtures of cement material and polymeric material and include cementious mortar which includes fine aggregate and Portland cement. [0036] (i.e. a mortar powder of claim 2 and cement and aggregate of claim 3 and admixtures of claim 15)
The polymeric materials include poly epoxides and bisphenol F epoxy resin, bisphenol A epoxy resin, epoxidized novolacs, glycidyl amine epoxy resin and combinations thereof [0037 0039] (meeting he limitation for epoxies of claim 2 and for polymeric resin of claim 19 and for bisphenol based epoxy of claim 20 and for water based epoxy of claim 22)
The mortar may include 1-50 wt. % cement material and 0.1 to 99 wt. % polymer material [0043-0044] (overlapping the range of claim 11, 15 for cement and aggregate and epoxy/polymer the balance thereby including admixture)
The adhesive polymer may be 0.1 to 99 wt.% [0044] (thereby overlapping the ratio of claim 23 – i.e. 3 % polymer to 75 % mortar) The composition comprises admixtures of cement and polymeric material [0036]
The polyepoxide may be combined with a curing agent such as aliphatic, alicyclic, aromatic polyamines and polyamino amides and acid anhydrides . The curing agent is in an amount of 0.3 to 5 times by weight the active hydrogen equivalent of the epoxy group [0040] (thereby overlapping the ratio of claim 32 – the polymer epoxide is 0.1 to 99 wt. % and the curing agent is 0.3 to 5 x weight of the active hydrogen equivalent of the epoxy group for example 1 gram epoxy to 1 gram curing agent 1:1)
The examiner notes that the ranges and ratios of the instant claims are recited as “about” further supporting the position of a showing of obviousness based upon the teachings of the prior art as above recited.
See MPEP 2144.05(I): "In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)"
The prior art uses the instantly claimed compositional components in ranges which overlap the instantly claimed ranges. The composition of the prior art is used in the same method of 3 D printing as in the instant application. As such one of ordinary skill in the art at the time of filing the invention could ascertain the workable ranges rendering obvious the instantly claimed ranges. 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)
While the examiner maintains the prior art renders obvious the claimed ranges and ratios, assuming arguendo it does not:
Memari et al (US 2021/0395149) published 12/23/2021 with an effective filing date of 6/19/2020) teaches a printable cement composition comprising a cement binder, an aggregate and pozzolanic additive, an accelerator nano clay and water (Abstract) The cement composition includes mortars [0095]
The composition comprises 20-40 % cement binder, 30-50 wt.% aggregate 5-15 % pozzolanic, 0.1 to 1.5 accelerator, 0-1 % water reducing admixture and 0.1 to 2 % nano claim (See claim 18 of reference)(overlapping the range of cement and aggregate of claim 11 and 15) (the remaining components thereby being an admixture overlapping the range of claim 15)
The aggregate includes silicates such as calcium silicates [0101] and the aggregate is 35- 60 wt.% of the composition [0103] (overlapping the range of claims 5, 11 and 15) The cement is at least 15 wt.% or at least 29 wt.% or less than 45 wt.% [0098] (overlapping the ranges by weight and ratios of all of the claims including claims 5, 11, 15, 23 and 32) (leaving overlapping range of admixture)
The composition includes epoxy adhesives [0178]
It would have been obvious to one of ordinary skill in the art at the time of filing the invention to use the compositional components of Turnquist in the ranges of Memari as they are suitable ranges and ratios for mortar and cement compositions comprising aggregate for 3D Printing processes.
Claim(s) 17 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turnquist et al (WO 2020068115A1)As applied to claims 1-4, 13-14, 19-20, 22, 25-27 and 29 above further in view of Lootens et al (US 2020/0001520)
Regarding Claims 17 and 30:
Turnquist et al (WO 2020068115A1) teaches the limitations above set forth.
While Turnquist teaches the curing agents include alcohols it does not expressly recite a hydroxide salt (i.e. alcohol salt).
However. Lootens et al (US 2020/0001520) also teaching a 3D printing additive manufacturing process using a curable material (Abstract) where the curable material includes resin mineral binders and mixtures [0020] where the resins include epoxy resins [0021] and the mineral binder includes hydraulic binder cement or hydraulic lime [0022] and a cementious binder such as Portland cement in an amount of at least 5 wt.% or at least 65 wt.% [0024] the hydraulic binder in the mineral binder is at least 5 wt.% or at least 65 wt.% [0025] and may comprise additional binder components such as limestone powder, . [0026]
The composition comprises curing accelerators such as alkali hydroxides [0069 and 0080]
The composition also comprises an admixture of a concrete admixture and/or a mortar admixture comprising a defoaming agent, a dye a preservative, a plasticizer, a retarder and accelerator an air entraining agent, a rheological aid, a shrinkage reduce and/or a corrosion inhibitor and combinations thereof [0087]
It would have been obvious to one of ordinary skill in the at the time of filing the invention to use the alkali hydroxide of Lootens as a curing component in the composition and method of Turnquist which already expressly contemplates an alcohol/hydroxide component to the curing agent in order to accelerate the curing of the composition of Turnquist.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 accompanying this office action for relevant prior art teaching mortar compositions comprising the instantly claimed components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA HL WEISS whose telephone number is (571)270-7057. The examiner can normally be reached M-Thur 830 am-700 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Coris Fung can be reached at (571) 270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAMELA H WEISS/Primary Patent Examiner, Art Unit 1732