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 without traverse of group II, claims 9-17 in the reply filed on 03/19/2026 is acknowledged.
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.
Claim(s) 9-is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US2007/0281565.
Regarding claim 9, US2007/0281565 discloses a method comprising: impregnating inorganic fibers with at least one colloidal inorganic oxide or phosphoric acid, placing the impregnated fibers in a mold; pressing the impregnated fibers in the mold; and drying the pressed impregnated fibers to form the refractory article. See [0005, [0014] and [0034].
Regarding claim 10, US2007/0281565 discloses that the inorganic fibers are aluminosilicate fibers. See [0019].
Regarding claim 11, US2007/0281565 discloses impregnating the inorganic fibers with the phosphoric acid. See [0025].
Regarding claim 12, US2007/0281565 discloses impregnating the inorganic fibers with the at least one colloidal inorganic oxide, wherein the at least one colloidal inorganic oxide comprises colloidal silica, colloidal alumina, and/or colloidal zirconia. See [0023].
Regarding claim 13, US2007/0281565 discloses cutting the refractory article. See [0014].
Regarding claim 14, US2007/0281565 discloses impregnating the inorganic fibers with a colloidal solution comprising the at least one colloidal inorganic oxide and a gelling agent. See [0025].
Regarding claim 15, US2007/0281565 discloses at least one colloidal oxide comprises colloidal silica and the gelling agent comprises ammonium acetate, calcium chloride, magnesium chloride, magnesium oxide, acetic acid, hydrochloric acid, phosphoric acid, or combinations thereof. See [0025].
Regarding claim 16, US2007/0281565 discloses the refractory article has a density of 500 kg/m3. See [0005].
Regarding claim 17, US2007/0281565 discloses the refractory article has the following properties:(i) a density of 500 kg/m3;(ii) a thermal conductivity of 0.45 Wm/K or less at 700 °C-800°C. Although it is silent about the a linear thermal shrinkage at 1400 °C of less than 2.5%, it has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Conclusion
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/SHUANGYI ABU ALI/ Primary Examiner, Art Unit 1731
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