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 listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered. Applicant’s disclosure improperly refers to referenced documents throughout the entire specification.
Drawings
Pages 18-19 of the specification appear to have embedded Figs X1.1 and X1.2, which is improper. The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d).
There appears to be a photograph embedded into the specification, p.20. Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Specification
The abstract of the disclosure is objected to because the abstract refers to purported merits of the invention by stating “meets or exceeds the performance requirements…” in lines 2-3. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper content of a chemical patent abstract of the disclosure. In chemical patent abstracts for compounds or compositions, the general nature of the compound or composition should be given as well as its use, e.g., “The compounds are of the class of alkyl benzene sulfonyl ureas, useful as oral anti-diabetics.” Exemplification of a species could be illustrative of members of the class. For processes, the type of reaction, reagents and process conditions should be stated, generally illustrated by a single example unless variations are necessary.
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper (see particularly, pages 2-8, 25-26). Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(g).
The arrangement/content of Applicant’s specification must be revised. It is written like a technical paper in a journal, which is improper for a US patent application specification. The specification contains multiple sub-sections, annexes, appendix, embedded figure/photograph, referenced documents, all of which should not be within a specification. The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The claims refer to purported merits (or intended results) that the formulation of the invention “meets or exceeds the performance requirements of ASTM C928/C928M - 20a for a type R3 concrete to be mixed and applied at or below 32oF,” (or 0oF in claim 2), in which the specification is nonenabling. The specification fails to clear support of define such performance requirements, and does not describe in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. For examining purposes, the independent claim will be treated as the following:
A formulation for a packaged, dry, cementitious concrete material for rapid repairs to hardened hydraulic-cement concrete pavements, structures, and other articles, said formulation comprising: a. calcium sulfoaluminate cement; and b. a hardening accelerator that operates by contributing seeds of calcium-silicate- hydrate when the dry cementitious concrete material is mixed with water.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR’639 (KR 102405639).
With respect to claims 1-2, KR’639 discloses a formulation for a packaged, dry, cementitious concrete material for rapid repairs to hardened hydraulic-cement concrete pavements, structures, and other articles, said formulation comprising: a. calcium sulfoaluminate cement; and b. a hardening accelerator that operates by contributing seeds of calcium-silicate- hydrate when the dry cementitious concrete material is mixed with water. See especially portions of the translated Background and Description below:
[Background]
Durability is the key to long-term performance in reinforced concrete structures. For example, durability such as neutralization resistance, chemical resistance, and freeze-thaw resistance is required.
[Description]
The present invention contains 0.01 to 20 parts by weight of methyl cellulose as an admixture, based on 100 parts by weight of a binder blended with cement, blast furnace slag fine powder and calcium sulfoaluminate, and an aggregate CaO content of 20 to 70% by weight and SO .sub.3 content of 5 To provide a mortar composition for cross-section repair of concrete comprising 50 to 500 parts by weight of circulating fluidized bed boiler bottom ash of 35% by weight.
In the mortar composition for cross-section repair of concrete of the present invention, based on 100 parts by weight of the binder, 5 to 500 parts by weight of a waste expanded pearlite or a waste expanded vermiculite lightweight aggregate may be further included as an aggregate.
In the above binder, fine blast furnace slag powder and calcium sulfoaluminate are mixed with a binder component made of conventional cement alone, thereby reducing the cement content while increasing the watertightness of concrete and forming a tight structure to improve durability.
Specifically, the binder is formulated with 30 to 35% by weight of cement, 50 to 67% by weight of fine blast furnace slag powder, and 3 to 15% by weight of calcium sulfoaluminate.
As one component of the binder, the cement is preferably any one or a mixture of two or more of type 1 cement, semi-rough and crude-strength cement, super-hard cement, and alumina cement.
Cement is effective in securing initial strength, and type 1 cement can be used, but the effect is more excellent when semi-rough and crude-strength cement, super-fast cement, alumina cement, etc. are used to further improve fast hardening properties.
In general, it is possible to use any product that is distributed in the market. Among the binder components, cement is preferably included in an amount of 30 to 35% by weight. If it is less than 30% by weight, the initial strength expression effect is insignificant, and if it exceeds 35% by weight, the long-term strength enhancing effect and chemical resistance are reduced, economical efficiency is also unreasonable, and hexavalent chromium may be eluted, so it is not environmentally friendly.
As another component included as a binder component, fine blast furnace slag powder is used by pulverizing water chain quenching blast furnace slag with a specific surface area of 4,000 cm .sup.2 /g or more to secure initial strength. The specific surface area of the fine powder of blast furnace slag is 4,000 cm .sup.2 /g or more, so that the activity of the particles is improved, so that continuous latent hydraulic properties can be exhibited.
When water is added to the normal fine powder of blast furnace slag, an amorphous film is formed on the surface, so that Ca .sup.2+ , Al .sup.3+ and the like are not eluted. However, if water is added after mixing with a substance containing alkali or sulfate components, the OH .sup.- or SO .sub.3 .sup.2- component destroys the amorphous film of the fine blast furnace slag powder, making it easy to elute Ca .sup.2+ , Al .sup.3+ , etc. and the eluted ions generate CaO-SiO .sub.2 -H .sub.2 O-based hydrates, etc., thereby accelerating hardening, and the excess sulfur oxide is ethringite hydrated product (3CaO.Math.Al .sub.2 O .sub.3.Math. 3CaSO .sub.4.Math. 32H .sub.2 O) can be produced to densify the tissue inside the hydration body, thereby inducing improvement in compressive strength and expandability of the cured body.
In addition, the fine blast furnace slag powder gradually consumes the calcium hydroxide (Ca(OH) .sub.2 ) component generated during the hydration reaction of cement, so it is excellent in chemical resistance and continuous expression of long-term strength. In this case, the fine powder of blast furnace slag is preferably included in an amount of 50 to 67% by weight based on the binder.
As another component of the binder, calcium sulfoaluminate (CaO-Al .sub.2 O .sub.3 -SO .sub.3 , aka CSA) is an expandable mineral containing an Al .sub.2 O .sub.3 content of 7 wt% or more, and a SO .sub.3 content of 24 wt% or more, It produces ethringite within a short time to prevent shrinkage of repair mortar, and prevents shrinkage cracks that may occur after hardening. In addition, etringite is effective in shortening the curing time as it has the property of showing quick-setting properties at the same time. The calcium sulfoaluminate preferably includes 3 to 15% by weight based on the binder. If it is less than 3% by weight, the effect is insignificant, and if it exceeds 15% by weight, excessive expansion cracks may appear, and the initial setting is too fast, which is a factor causing deterioration of workability.
[…And further…]
The mortar composition for concrete cross-section repair is manufactured in the form of dry mortar by quantitatively mixing each raw material in a factory, and is supplied to the site in the form of a bag, a ton bag, or a bulk packaging unit. At this time, the moisture content of the raw material must be 1% or less to suppress the hydration reaction when transported to the site.
Although silent as to the formulation meets or exceeds the performance requirements of ASTM C928/C928M - 20a for a type R3 concrete to be mixed, it would have been considered obvious to one of ordinary art to provide a formulation package with the same components in a manner in which meets or exceeds the performance and applied at 32oF or below (or at 0oF).
With respect to claim 3, KR’639 teaches formulation of Claim 2 that includes no Portland cement because KR’639 teaches away from using Portland Cement. See especially the Background:
In the above invention, by using special cement excluding type 1 ordinary Portland cement, it is easy to control the contraction and expansion at the source, so the crack generation rate can be significantly lowered, and the strength of the construction surface is improved by mixing the fine aggregate granulation rate of sand and fibers, etc. It is revealed that reinforcement is economically possible by reducing the reinforcement area and thickness (emphasis added).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 100908213 teaches a rapid-hardening concrete composition and a method for repairing a concrete pavement using the same are provided to shorten a curing time while improving mechanical strength and to prevent excessive contraction and minute cracks. A rapid-hardening concrete composition is composed of 10-46wt% of a first composition, 50-86wt% of aggregate, 3-25wt% of water and SBR latex. The first composition contains 45-55wt% of C2S(Ca2SiO4), 30-40wt% of calcium sulfoaluminate(C4A3S), 7-14wt% of C4AF(4CaO.Al2O3.Fe2O3), 4-11wt% of CSH(Calcium silicate hydrate), 0-2wt% of C3S(Ca3SiO5) and 0-3wt% of C3A(Ca3Al2O6).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKIYA W BATES whose telephone number is (571)272-7039. The examiner can normally be reached M-F 8:30am - 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at 5712724137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZAKIYA W BATES/Primary Examiner, Art Unit 3674 9/30/2025