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 .
Election/Restrictions
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 23 February 2026.
Applicant’s election of group II, claims 10-18 in the reply filed on 23 February 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Information Disclosure Statement
The Information Disclosure Statement filed 7 September 2023 has been considered.
Claim Objections
Claims 13-14 and 16 are objected to because of the following informalities:
Claim 13, lines 1-2, “The cement waste form for radionuclide or hazardous constituent retention of claim 10” should read “The method for making a cement waste form for radionuclide or hazardous constituent retention of claim 10”.
Claim 14, lines 1-2, “The cement waste form for radionuclide or hazardous constituent retention of claim 10” should read “The method for making a cement waste form for radionuclide or hazardous constituent retention of claim 10”.
Claim 16, line 2, “further comprising wherein” should read “wherein”.
Appropriate correction is required.
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.
Claim 17 is 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 17, lines 2-3, recite “incorporating the waste source in a form of at least one liquid, at least one slurry, and/or at least one solid”. It is unclear if the waste source is in the form of at least one liquid, at least one slurry, and/or at least one solid OR if the combination of the waste source and the nano-amended cementitious composite is in the form of at least one liquid, at least one slurry, and/or at least one solid. This limitation is interpreted as requiring the waste source is in the form of at least one liquid, at least one slurry, and/or at least one solid.
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.
Claims 10, 12-14, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Taleghani (US 2020/0308469) in view of Ground Water Protection Council (“Injection Wells”) and Tatsuhara (US 2011/0060162) as evidenced by Tsou (US 2019/0016885) and Baker Hughes (“Cement Class G”.
Regarding Claim 10, Taleghani discloses a method of modifying the surface of graphite nanoplatelets (GnP) (graphite nanoplatelet meets the limitation of a carbon nanostructure) by acid functionalizing (acid functionalizing meets the limitation of oxidizing via acid-etching) a surface of GnP via chemical surface energy alteration; wherein the chemical surface energy alteration generates a functional group on the surface of GnP (claim 5), wherein the chemical surface energy alteration involves the formation of carboxyl and hydroxyl groups (COOH and OH are anionic and therefore meet the limitation of anionic functional groups) via acid functionalization (claim 8). Taleghani further discloses the modified GnPs were dispersed in the amount of distilled water (GnPs dispersed in distilled water meets the limitation of forming an aqueous suspension containing the at least one carbon nanostructure dispersed therein) required to prepare the cementitious matrix, then API class G cement was added to the mixture [0053], such that Taleghani meets the limitation of adding the aqueous suspension to at least one cementitious composite. Taleghani further discloses forming a nanocomposite cement comprising modified graphite nanoplatelets (aka cementitious nanocomposite (nanocomposite cement/cementitious nanocomposite meets the limitation of a nano-amended cementitious composite; [0054], claim 10).
Taleghani further discloses a modified GnP concentration is within a range from 0.10 Vol. % to 0.40 Vol. % with respect to the volume of the dry cement (claim 16).
Graphite nanoplatelets, according to Tsou, have a density of 1-4 g/cm3 [0039], and Baker Hughes discloses the relative density of solid (powder) class G cement is 3.15 (pg. 8), such that the graphite nanoplatelets are present from 0.0003-0.005% by weight of at least one cementitious composite per the following calculation:
0.1
-
0.4
c
m
3
G
n
P
100
c
m
3
c
e
m
e
n
t
×
1
-
4
g
G
n
P
c
m
3
G
n
P
×
c
m
3
c
e
m
e
n
t
3.15
g
c
e
m
e
n
t
=
0.0003
-
0.005
w
t
%
Regarding the percent by weight of at least one carbon nanostructure present in at least one cementitious composite in claim 10, it appears that 0.0003-0.005 wt% taught by Taleghani overlaps the claimed range of 0.001% to 0.005% by weight such that the range taught by Taleghani obviates the claimed range. See MPEP 2144.05 (I).
Taleghani is silent to incorporating at least one waste source into the nano-amended cementitious composite to form a cement waste form.
Taleghani, however, discloses the cement is used in a waste disposal well (claim 17) and reduces leakage and mechanical failure by reducing the number and size of microcracks and voids in a cement matrix (claim 19).
Ground Water Protection Council discloses injecting hazardous, non-hazardous, municipal, and radioactive wastes into waste disposal wells (pg. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Taleghani to incorporate the teachings of Ground Water Protection Council to incorporate at least one waste source into the nano-amended cementitious composite to form a cement waste form, because Taleghani teaches a utilizing the cementitious composite in a waste disposal well (claim 17), and waste is injected into waste disposal wells, as recognized by Ground Water Protection Council (pg. 12), such that, in practice, the waste disposal well of Taleghani would necessarily incorporate at least one waste source into the nano-amended cementitious composite to form a cement waste form.
Taleghani is silent to rendering the aqueous suspension alkaline to enhance stability of the at least one carbon nanostructure in the aqueous suspension.
Tatsuhara discloses, in a method for producing a nano-carbon material, an anti-agglomeration treatment is a pH adjustment treatment to a weakly alkaline side [0043], wherein the pH adjustment causes the oxygen-containing functional groups, such as a hydroxyl group (-OH) or a carboxyl group (-COOH), of the nano-carbon to dissociate, and these dissociated oxygen-containing functional groups electrostatically repel each other, which causes the distance between the nano-carbons to widen, whereby agglomeration can be prevented [0228].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Taleghani to incorporate the teachings of Tatsuhara to rendering the aqueous suspension alkaline to enhance stability of the at least one carbon nanostructure in the aqueous suspension, because pH adjust to alkaline causes the oxygen-containing functional groups, such as a hydroxyl group (-OH) or a carboxyl group (-COOH), of the nano-carbon to dissociate, and these dissociated oxygen-containing functional groups electrostatically repel each other, which causes the distance between the nano-carbons to widen, whereby agglomeration can be prevented, as recognized by Tatsuhara [0228].
Regarding Claim 12, Taleghani discloses nanocomposite cement pastes fabricated with chemically and physically modified GnPs [0018]-[0019], such that the cementitious composite of Taleghani is a cementitious paste.
Regarding Claim 13, Taleghani discloses a method of modifying the surface energy of graphite nanoplatelets (GnP), the method comprising adsorbing surfactants onto a surface of GnP via physical surface alteration (claim 5), wherein the adsorption of surfactants that occurs during physical surface alteration can enhance the dispersion of modified GnP in the cementitious nanocomposite when the modified GnP is used to form that cementitious nanocomposite [0040], such that the surfactant of Taleghani meets the limitation of a suspension stability surfactant incorporated into the aqueous suspension.
Regarding Claim 14, Taleghani discloses a method of modifying the surface energy of graphite nanoplatelets (GnP), the method comprising at least one of: adsorbing surfactants or charged polymers onto a surface of GnP via physical surface alteration; and acid functionalizing a surface of GnP via chemical surface energy alteration; wherein the physical surface alteration and/or the chemical surface energy alteration generates a functional group on the surface of GnP (claim 5), and modifying the surface energies of the GnPs can improve the uniformity with which the GnPs are dispersed [0006]; for example, oxygen functionalization can introduce hydrophilic groups on the free surfaces of graphite sheets, thereby improving the chemical compatibility of the GnPs with their matrix by enhancing their wetting or adhesion characteristics and reducing their tendency to agglomerate [0041], such that Taleghani meets the limitation of a suspension stability functional groups incorporated into the aqueous suspension.
Regarding Claim 17, Taleghani discloses the cement is used in a waste disposal well (claim 17) and reduces leakage and mechanical failure by reducing the number and size of microcracks and voids in a cement matrix (claim 19).
Taleghani is silent to the waste source being a liquid, slurry, and/or solid.
Ground Water Protection Council discloses injecting hazardous, non-hazardous, municipal, and radioactive wastes into waste disposal wells (pg. 12). Ground Water Protection Council teaches confining liquid wastes injected into the wells (pg. 12, pg. 17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Taleghani to incorporate the teachings of Ground Water Protection Council to incorporate a liquid waste source, because Taleghani teaches a utilizing the cementitious composite in a waste disposal well (claim 17), and liquid waste is injected into waste disposal wells, as recognized by Ground Water Protection Council (pg. 12, pg. 17), such that, in practice, the waste disposal well of Taleghani would confine liquid wastes injected into the wells.
Regarding Claim 18, Taleghani discloses a cementitious nanocomposite comprising modified graphite nanoplatelets (claim 10). Taleghani further discloses the use of nanoparticles to enhance the mechanical and durability characteristics (e.g., nanoscale properties, microstructure, etc.) of cement [0004], such that Taleghani meets the limitation of modifying the cementitious composite at a nano and micro structure of the cementitious composite.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Taleghani (US 2020/0308469) in view of Ground Water Protection Council (“Injection Wells”) and Tatsuhara (US 2011/0060162) and Foley (US 2011/0210282) and Alkhamis (“New Cement Formulations Utilizing Graphene Nano Platelets to Improve Cement Properties and Long-term Reliability in Oil Wells”).
Regarding Claim 11, Taleghani, Ground Water Protection Council, and Tatsuhara teach the elements as described above with regards to claim 10.
Taleghani further discloses forming a nanocomposite cement comprising modified graphite nanoplatelets (claim 10). Taleghani further discloses the GnPs can include a 3D structure composed of a few to several parallel graphene sheets [0035].
Taleghani is silent to the carbon nanostructure being selected from at least one single-walled nanotube, at least one multiwalled nanotube, at least one partially-unzipped nanotube, at least one graphene nanoplatelet, at least one graphene nanoribbon, and/or combinations of the above.
Foley discloses preparing dispersions of nanoparticles which can be processed into a wide variety of products including cements (Abstract). Foley further discloses the nanoscale material may be graphene nanoplatelets, graphite nanoplatelets, etc. (claim 2).
Additionally, Alkhamis discloses a cement formulation utilizing graphene nano platelets to improve cement properties (Title, Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Taleghani to incorporate the teachings of Foley and Alkhamis to use graphene nanoplatelets, because Taleghani teaches the claimed invention except that graphite nanoplatelets are used instead of graphene nanoplatelets, and Foley and Alkhamis teach that the graphite nanoplatelets and graphene nanoplatelets are equivalent nanoscale materials known in the art. Therefore, because the two products were art recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the graphite nanoplatelets for the graphene nanoplatelets.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Taleghani (US 2020/0308469) in view of Ground Water Protection Council (“Injection Wells”) and Tatsuhara (US 2011/0060162) and Guerrero (US 2022/0220040).
Regarding Claim 15, Taleghani, Ground Water Protection Council, and Tatsuhara teach the elements as described above with regards to claim 10.
Taleghani discloses the cementitious nanocomposite can include a binder such as lime, calcium silicate, etc. [0031]. Taleghani discloses the modified GnPs were dispersed in distilled water, then API class G cement was added to the mixture [0053], such that Taleghani meets the limitation of incorporating a binder into the aqueous suspension.
Taleghani is silent to incorporating a cementitious binder into the aqueous suspension.
Guerrero discloses an admixture for cement based compositions including a) an aqueous solution of polycarboxylate ether and b) at least one functionalized nanomaterial selected from carbon nanotubes functionalized by carboxyl groups and carbon nanofibers functionalized by carboxyl groups, wherein the at least one functionalized nanomaterial is dispersed in the aqueous solution. (Abstract). Guerrero further discloses a cement based composition comprising cement and the admixture [0083]-[0084]. Guerrero further discloses the cement may comprise Portland cement and/or other hydraulic binders such as fly ash, granulated blast furnace slag, lime, such as limestone and quicklime, or a mixture thereof [0085].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Taleghani to incorporate the teachings of Guerrero to incorporate at least one cementitious binder in the aqueous suspension, because Taleghani teaches the claimed invention except that lime is used instead of cementitious binders such as Portland cement, fly ash, and granulated blast furnace slag, and Guerrero teaches that the lime and the cementitious binders such as Portland cement, fly ash, and granulated blast furnace slag are equivalent products known in the art. Therefore, because the two products were art recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the lime for the cementitious binders such as Portland cement, fly ash, and granulated blast furnace slag.
Regarding Claim 16, Taleghani discloses the cementitious nanocomposite can include a binder such as lime, calcium silicate, etc. [0031]. Taleghani discloses the modified GnPs were dispersed in distilled water, then API class G cement was added to the mixture [0053], such that Taleghani meets the limitation of incorporating a binder into the aqueous suspension.
Taleghani is silent to incorporating a cementitious binder selected from Portland cement, fly ash, and/or granulated blast furnace slag into the aqueous suspension.
Guerrero discloses an admixture for cement based compositions including a) an aqueous solution of polycarboxylate ether and b) at least one functionalized nanomaterial selected from carbon nanotubes functionalized by carboxyl groups and carbon nanofibers functionalized by carboxyl groups, wherein the at least one functionalized nanomaterial is dispersed in the aqueous solution. (Abstract). Guerrero further discloses a cement based composition comprising cement and the admixture [0083]-[0084]. Guerrero further discloses the cement may comprise Portland cement and/or other hydraulic binders such as fly ash, granulated blast furnace slag, lime, such as limestone and quicklime, or a mixture thereof [0085].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Taleghani to incorporate the teachings of Guerrero to incorporate at least one cementitious binder in the aqueous suspension, because Taleghani teaches the claimed invention except that lime is used instead of cementitious binders such as Portland cement, fly ash, and granulated blast furnace slag, and Guerrero teaches that the lime and the cementitious binders such as Portland cement, fly ash, and granulated blast furnace slag are equivalent products known in the art. Therefore, because the two products were art recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the lime for the cementitious binders such as Portland cement, fly ash, and granulated blast furnace slag.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SLONE ELZABETH SIMKINS whose telephone number is (571)272-3214. The examiner can normally be reached Monday - Friday 8:30AM-4:30PM.
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/S.E.S./Examiner, Art Unit 1735
/PAUL A WARTALOWICZ/Primary Examiner, Art Unit 1735