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 at [0063] 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.
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.
Claims 2-3, 5-6, 7-16 and 18 are 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.
Claims 2-3 and 5-6 recite “natural LRA limestone and/or LRA limestone crusher fines” which are indefinite because i) the metes and bounds of the claimed “natural” is not clear; ii) the difference between the claimed “natural LRA limestone” and “LRA limestone crusher fines” is not clear (see specification at [0009] disclosing LRA limestone is a commonly used road construction aggregate, the production of which produces a crusher fines bi-product (“LRA limestone crusher fines”); and iii) the claimed “crusher fines” is not clearly defined (what is the size of the “crusher fines”?).
Examiner will treat the recitations as “natural LRA limestone” based on specification at [0056] disclosing LRA limestone is a naturally occurring limestone deposit that has been impregnated with various bituminous components, including asphaltenes and lighter hydrocarbons.
Claim 7 line 5 reciting “but not limited to” is indefinite because the metes and bounds of the claimed “but not limited to” in the claimed step “manipulating the gradation, or prevalence of various particle sizes, of a volume of limestone material… through ordinary means” is not clearly delineated.
Examiner will treat the recitation as “manipulating the gradation, or prevalence of various particle sizes, of a volume of limestone material… through ordinary means.”
Examiner suggests amending the claim to either i) delete the broader recitation, ii) delete the narrower recitation, or iii) some other clarifying amendment so as to remove the ambiguity as set forth above.
Claim 9 reciting “pure or common limestone” is indefinite because the metes and bounds of “pure or common” is not clearly delineated. How pure or common is the limestone? Is there a compositional limestone amount for “pure” or “common”?
Examiner will treat the recitation as any limestone and suggests clarifying the claimed limitation because “claims must particularly point out and distinctly define the metes and bounds of the subject matter to be protected by the patent grant... uncertainties of claim scope should be removed, as much as possible, during the examination process” (see MPEP 2171).
Claim 10 lines 2-3 reciting “pure or common limestone” is indefinite because the metes and bounds of “pure or common” is clearly delineated. How pure or common is the limestone?
Examiner will treat the recitation as “any limestone” and suggests clarifying the claimed limitation because “claims must particularly point out and distinctly define the metes and bounds of the subject matter to be protected by the patent grant... uncertainties of claim scope should be removed, as much as possible, during the examination process” (see MPEP 2171).
Claim 10 lines 6-7 reciting “LRA limestone crusher fines, and no crushing is performed on the LRA limestone crusher fines” is indefinite because it is not clear when “no crushing” is performed because it is obvious to one skilled in the art that the LRA limestone crusher fines is crushed in order to become the claimed “fines”.
Examiner will treat the recitation as “LRA limestone crusher fines… to produce the clinker precursor”, and suggests clarifying the claimed limitation because “claims must particularly point out and distinctly define the metes and bounds of the subject matter to be protected by the patent grant... uncertainties of claim scope should be removed, as much as possible, during the examination process” (see MPEP 2171).
Claim 18 line 2 recites “the carbon nanostructures”. There is insufficient antecedent basis for this limitation in the claim because claim 17 line 8 recites “imparts carbon nanostructures”. The carbon nanostructures are not added to the claimed “Portland cement”.
Claims 8 and 11-16 are rejected due to their dependency on claim 7.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 8 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 8 line 4 reciting “comprises LRA limestone” fail to further limit the recitation “containing Limestone Rock Aggregate (“LRA”) limestone” in claim 7 lines 4-5. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-11, 13-14 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Simmons et al. (US 3,716,387) (“Simmons” hereinafter); as evidenced by Pan et al. (“Kerogen pyrolysis in the presence and absence of water and minerals: Amounts and compositions of bitumen and liquid hydrocarbons, Fuel, 2009) (“Pan” hereinafter) with respect to claims 1, 4, 10-11 and 17.
Regarding claim 1, Simmons teaches clinker precursor material (see Simmons at C1 L5-9 teaching the production of cement clinker… effective utilization of kerogen-containing calcareous material in the production of cement clinker). The kerogen-containing calcareous material is taken to meet the claimed clinker precursor material based on structure as outlined below, comprising:
Limestone Rock Aggregate (“LRA”) limestone; wherein the clinker precursor will be kiln treated to form clinker used in the production of Portland cement or a mineralogical equivalent thereof (see Simmons at Abstract teaching calcareous rock having an appreciable kerogen content, forming up to 75 percent of kerogen-bearing limestone deposits and previously unsuited for use in cement producing operations, is roasted… in an oxidizing atmosphere to reduce the kerogen content to tolerable levels and render the roasted rock suitable as kiln feed material for cement production operations, see Simmons at C6 L19-22 teaching the term “calcareous rock” is used to indicate raw calcareous rock containing more than about 50 percent by weight of carbonates, including calcium carbonate and magnesium carbonate, see Simmons at C6 L48-60 teaching for purposes of the present disclosure, an appreciable kerogen content is deemed to be more than about 1.5 percent by weight of calcareous rock on a kerogen-free basis… although rock having lesser or greater amounts of kerogen can also be treated beneficially in accordance with the process of the present disclosure… calcareous rock having a kerogen or hydrocarbon content of up to about 1.5 percent by weight can be tolerated in the calcareous portion of the kiln feed material and such rock may be employed as kiln feed material). Calcareous rock having an appreciable kerogen content is taken to meet the claimed “Limestone Rock Aggregate (“LRA”) limestone” based on specification at [0006] disclosing LRA limestone is a naturally occurring limestone deposit that has been impregnated with various bituminous, or hydrocarbon components, including asphaltenes and lighter hydrocarbons, and as evidenced by Pan (see Pan at page 910, Fig. 1 evidencing that kerogen (or Ker: kerogen alone) comprises bitumen and liquid hydrocarbons (or C8-C18), which were extracted during pyrolysis experiments).
Regarding claims 2-3, Simmons teaches the limitations as applied to claim 1 above, and Simmons further teaches wherein the LRA limestone is… natural LRA limestone (claim 2), and wherein the LRA limestone is refined LRA limestone; the refined LRA limestone is… natural limestone… with at least some light fraction hydrocarbons removed or extracted therefrom (claim 3) (see 112 rejection. The claimed “light fraction hydrocarbons” is disclosed in specification at [0022] as including hydrocarbon fractions having molecular weights from C1 to C14. See Simmons at C4 L54-57 teaching calcareous rock is quarried, crushed, roasted and cooled to form a suitable kiln feed material… the resulting kiln feed material… has its kerogen hydrocarbon content reduced to tolerable levels, see Simmons at C4 L62-66 teaching roasting of the rock is carried out at a temperature of about 800o-1,600oF (or 427o-871oC) in an oxidizing atmosphere to burn the hydrocarbons to CO2 and H2O, while avoiding undesired coking). Calcareous rock is taken to meet the claimed “natural LRA limestone” (claims 2-3). Roasting of the rock is carried out at a temperature of about 800o-1,600oF (or 427o-871oC) in an oxidizing atmosphere to burn the hydrocarbons to CO2 and H2O, while avoiding undesired coking is taken to meet the claimed “refined LRA limestone” because the hydrocarbons that are burned to CO2 and H2O are light hydrocarbons, as evidenced by Pan (see Pan at page 910, Fig 1.b. evidencing C8-18 hydrocarbons extracted above 400oC).
Regarding claim 4, Simmons teaches Portland cement mix (see Simmons at C1 L5-9 teaching the production of cement clinker… effective utilization of kerogen-containing calcareous material in the production of cement clinker, see Simmons at C9 L66 to C10 L1 teaching the raw mill feed ingredients are proportioned so as to provide a cement clinker of suitable quality for the production of good commercial quality Portland cement), comprising:
clinker material, the clinker material having been produced from various materials including Limestone Rock Aggregate (“LRA”) limestone (see Simmons at Abstract teaching calcareous rock having an appreciable kerogen content, forming up to 75 percent of kerogen-bearing limestone deposits and previously unsuited for use in cement producing operations, is roasted… in an oxidizing atmosphere to reduce the kerogen content to tolerable levels and render the roasted rock suitable as kiln feed material for cement production operations, see Simmons at C6 L19-22 teaching the term “calcareous rock” is used to indicate raw calcareous rock containing more than about 50 percent by weight of carbonates, including calcium carbonate and magnesium carbonate, see Simmons at C6 L48-60 teaching for purposes of the present disclosure, an appreciable kerogen content is deemed to be more than about 1.5 percent by weight of calcareous rock on a kerogen-free basis… although rock having lesser or greater amounts of kerogen can also be treated beneficially in accordance with the process of the present disclosure… calcareous rock having a kerogen or hydrocarbon content of up to about 1.5 percent by weight can be tolerated in the calcareous portion of the kiln feed material and such rock may be employed as kiln feed material). Calcareous rock having an appreciable kerogen content is taken to meet the claimed “clinker material… Limestone Rock Aggregate (“LRA”) limestone” based on specification at [0006] disclosing LRA limestone is a naturally occurring limestone deposit that has been impregnated with various bituminous, or hydrocarbon components, including asphaltenes and lighter hydrocarbons, and as evidenced by Pan (see Pan at page 910, Fig. 1 evidencing that kerogen (or Ker: kerogen alone) comprises bitumen and liquid hydrocarbons (or C8-C18), which were extracted during pyrolysis experiments).
Regarding claims 5-6, Simmons teaches the limitations as applied to claim 4 above, and Simmons further teaches wherein the LRA limestone is… natural LRA limestone (claim 5), and wherein the LRA limestone is refined LRA limestone; the refined LRA limestone is… natural limestone… with at least some light fraction hydrocarbons removed or extracted therefrom (claim 6) (see 112 rejection. The claimed “light fraction hydrocarbons” is disclosed in specification at [0022] as including hydrocarbon fractions having molecular weights from C1 to C14. See Simmons at C4 L54-57 teaching calcareous rock is quarried, crushed, roasted and cooled to form a suitable kiln feed material… the resulting kiln feed material… has its kerogen hydrocarbon content reduced to tolerable levels, see Simmons at C4 L62-66 teaching roasting of the rock is carried out at a temperature of about 800o-1,600oF (or 427o-871oC) in an oxidizing atmosphere to burn the hydrocarbons to CO2 and H2O, while avoiding undesired coking). Calcareous rock is taken to meet the claimed “natural LRA limestone” (claims 5-6). Roasting of the rock is carried out at a temperature of about 800o-1,600oF (or 427o-871oC) in an oxidizing atmosphere to burn the hydrocarbons to CO2 and H2O, while avoiding undesired coking is taken to meet the claimed “refined LRA limestone” because the hydrocarbons that are burned to CO2 and H2O are light hydrocarbons, as evidenced by Pan (see Pan at page 910, Fig 1.b. evidencing C8-18 hydrocarbons extracted above 400oC).
Regarding claim 7, Simmons teaches a method of fabricating clinker material for Portland cement or a mineralogical equivalent thereof (see Simmons at C1 L5-9 teaching the production of cement clinker… effective utilization of kerogen-containing calcareous material in the production of cement clinker, see Simmons at C9 L66 to C10 L1 teaching the raw mill feed ingredients are proportioned so as to provide a cement clinker of suitable quality for the production of good commercial quality Portland cement), the method comprising:
manipulating the gradation… of a volume of limestone material containing Limestone Rock Aggregate (“LRA”) limestone through ordinary means (see 112 rejection. See Simmons at C4 L54-57 teaching calcareous rock is quarried, crushed, roasted and cooled to form a suitable kiln feed material… the resulting kiln feed material… has its kerogen hydrocarbon content reduced to tolerable levels). Calcareous rock is crushed is taken to meet the claimed “manipulating the gradation… of a volume of limestone material containing Limestone Rock Aggregate (“LRA”) limestone through ordinary means”; and
kiln treating the clinker precursor to form clinker (see Simmons at C10 L36-39 teaching the burning end of rotary kiln 15 is maintained at a temperature sufficient to burn the kiln feed ingredients to the point of incipient fusion and cement clinker formation).
Regarding claim 8, Simmons teaches the limitations as applied to claim 7 above, and Simmons further teaches wherein the limestone material… comprises LRA limestone (see 112 rejection. See Simmons at C1 L5-9 teaching the production of cement clinker… effective utilization of kerogen-containing calcareous material in the production of cement clinker, see Simmons at C6 L19-22 teaching the term “calcareous rock” is used to indicate raw calcareous rock containing more than about 50 percent by weight of carbonates, including calcium carbonate and magnesium carbonate). Kerogen-containing calcareous material is taken to meet the claimed “LRA limestone”.
Regarding claim 9, Simmons teaches the limitations as applied to claim 7 above, and Simmons further teaches wherein the limestone material includes a mixture of pure or common limestone and LRA limestone (see 112 rejection. See Simmons at C9 L16-28 teaching the high cement rock and low cement rock of stockpiles 1b and 1c, respectively, contain sufficient quantities of kerogen as to render these materials unacceptable for use as raw mill feed as it emerges as crushed, dried and sized material from screens 4 and secondary crusher 5… each of these materials… are conveyed… to rotary roaster 7 in which said materials are roasted… to burn sufficient hydrocarbons to reduce the kerogen hydrocarbon content in the roasted rock to the indicated tolerable levels, see Simmons at C9 L54-56 teaching the roasted and beneficiated high cement rock and low cement rock are conveyed to raw mill storage bins 9b and 9c respectively, see Simmons at C9 L59 to C10 L1 teaching limestone material from bins 9a, 9b, 9c and 9d… the raw mill feed ingredients are proportioned so as to provide a cement clinker of suitable quality for the production of good commercial quality Portland cement). Limestone 9a and 9d are taken to meet the claimed “pure or common limestone” and limestone 9b and 9c are taken to meet the claimed “LRA limestone”. Raw mill feed ingredients are proportioned to provide a cement clinker is taken to meet the claimed “mixture”.
Regarding claims 10-11, Simmons teaches the limitations as applied to claim 7 above, and Simmons further teaches wherein the limestone material comprises… a) natural LRA limestone (claim 10), and treating the LRA limestone to generate refined LRA limestone by removing or extracting at least some light fraction hydrocarbons (claim 11) (see 112 rejection. The claimed “light fraction hydrocarbons” is disclosed in specification at [0022] as including hydrocarbon fractions having molecular weights from C1 to C14. See Simmons at C4 L54-57 teaching calcareous rock is quarried, crushed, roasted and cooled to form a suitable kiln feed material… the resulting kiln feed material… has its kerogen hydrocarbon content reduced to tolerable levels, see Simmons at C4 L62-66 teaching roasting of the rock is carried out at a temperature of about 800o-1,600oF (or 427o-871oC) in an oxidizing atmosphere to burn the hydrocarbons to CO2 and H2O, while avoiding undesired coking). Calcareous rock is taken to meet the claimed “natural LRA limestone” (claim 10). Roasting of the rock is carried out at a temperature of about 800o-1,600oF (or 427o-871oC) in an oxidizing atmosphere to burn the hydrocarbons to CO2 and H2O, while avoiding undesired coking is taken to meet the claimed “refined LRA limestone” because the hydrocarbons that are burned to CO2 and H2O are light hydrocarbons, as evidenced by Pan (see Pan at page 910, Fig 1.b. evidencing C8-18 hydrocarbons extracted above 400oC).
Regarding claim 13, Simmons teaches a method of fabricating Portland cement (see Simmons at C9 L59 to C10 L1 teaching limestone material from bins 9a, 9b, 9c and 9d… the raw mill feed ingredients are proportioned so as to provide a cement clinker of suitable quality for the production of good commercial quality Portland cement), the method comprising:
mixing the clinker of claim 7 with limestone and gypsum (see claim 7 rejection, see Simmons at C9 L16-28 teaching the high cement rock and low cement rock of stockpiles 1b and 1c, respectively, contain sufficient quantities of kerogen as to render these materials unacceptable for use as raw mill feed as it emerges as crushed, dried and sized material from screens 4 and secondary crusher 5… each of these materials… are conveyed… to rotary roaster 7 in which said materials are roasted… to burn sufficient hydrocarbons to reduce the kerogen hydrocarbon content in the roasted rock to the indicated tolerable levels, see Simmons at C9 L54-56 teaching the roasted and beneficiated high cement rock and low cement rock are conveyed to raw mill storage bins 9b and 9c respectively, see Simmons at C9 L59 to C10 L1 teaching limestone material from bins 9a, 9b, 9c and 9d… the raw mill feed ingredients are proportioned so as to provide a cement clinker of suitable quality for the production of good commercial quality Portland cement, see Simmons C11 L7-9 teaching finished cement products are produced by proportioning clinker from silo 22 and gypsum from gypsum silo 23 for finish milling in finish mill 25). Limestone 9a and 9d are taken to meet the claimed “limestone” and limestone 9b and 9c are taken to meet the claimed “clinker of claim 7”. Raw mill feed ingredients are proportioned to provide a cement clinker and proportioning are taken to meet the claimed “mixing”.
Regarding claim 14, Simmons teaches the limitations as applied to claim 13 above, and Simmons further teaches wherein kiln treating the clinker precursor burns hydrocarbon fractions contained by the LRA limestone (see Simmons at C9 L16-28 teaching the high cement rock and low cement rock of stockpiles 1b and 1c, respectively, contain sufficient quantities of kerogen as to render these materials unacceptable for use as raw mill feed as it emerges as crushed, dried and sized material from screens 4 and secondary crusher 5… each of these materials… are conveyed… to rotary roaster 7 in which said materials are roasted… to burn sufficient hydrocarbons to reduce the kerogen hydrocarbon content in the roasted rock to the indicated tolerable levels).
Regarding claim 16, Simmons teaches the limitations as applied to claim 13 above, and Simmons further teaches wherein: kiln treatment causes calcium carbonate to react with silica to form calcium silicates; wherein the minimum temperature at which calcium carbonate reacts with silica to form calcium silicates is 932 oF (see Simmons at C9 L16-28 teaching the high cement rock and low cement rock of stockpiles 1b and 1c, respectively, contain sufficient quantities of kerogen as to render these materials unacceptable for use as raw mill feed as it emerges as crushed, dried and sized material from screens 4 and secondary crusher 5… each of these materials… are conveyed… to rotary roaster 7 in which said materials are roasted… to burn sufficient hydrocarbons to reduce the kerogen hydrocarbon content in the roasted rock to the indicated tolerable levels, see Simmons at C9 L54-56 teaching the roasted and beneficiated high cement rock and low cement rock are conveyed to raw mill storage bins 9b and 9c respectively, see Simmons at C9 L59 to C10 L1 teaching limestone material from bins 9a, 9b, 9c and 9d… the raw mill feed ingredients are proportioned so as to provide a cement clinker of suitable quality for the production of good commercial quality Portland cement, since the method of production of Portland cement as taught by Simmons and the claimed method of fabricating Portland cement of claims 13 and 16 employ substantially similar materials and process, it is reasonable to believe that the claimed properties (i.e., kiln treatment causes calcium carbonate to react with silica to form calcium silicates; wherein the minimum temperature at which calcium carbonate reacts with silica to form calcium silicates is 932 oF) would have naturally flowed following the teaching of Simmons (see MPEP 2112.01).
Regarding claim 17, Simmons teaches a method of improving strength of… Portland cement (see Simmons at C9 L59 to C10 L1 teaching limestone material from bins 9a, 9b, 9c and 9d… the raw mill feed ingredients are proportioned so as to provide a cement clinker of suitable quality for the production of good commercial quality Portland cement), the method comprising:
… adding Limestone Rock Aggregate (“LRA”) limestone as a component to manufacture clinker for the Portland cement (see Simmons at Abstract teaching calcareous rock having an appreciable kerogen content, forming up to 75 percent of kerogen-bearing limestone deposits and previously unsuited for use in cement producing operations, is roasted… in an oxidizing atmosphere to reduce the kerogen content to tolerable levels and render the roasted rock suitable as kiln feed material for cement production operations, see Simmons at C6 L19-22 teaching the term “calcareous rock” is used to indicate raw calcareous rock containing more than about 50 percent by weight of carbonates, including calcium carbonate and magnesium carbonate, see Simmons at C6 L48-60 teaching for purposes of the present disclosure, an appreciable kerogen content is deemed to be more than about 1.5 percent by weight of calcareous rock on a kerogen-free basis… although rock having lesser or greater amounts of kerogen can also be treated beneficially in accordance with the process of the present disclosure… calcareous rock having a kerogen or hydrocarbon content of up to about 1.5 percent by weight can be tolerated in the calcareous portion of the kiln feed material and such rock may be employed as kiln feed material, see Simmons at C9 L16-28 teaching the high cement rock and low cement rock of stockpiles 1b and 1c, respectively, contain sufficient quantities of kerogen as to render these materials unacceptable for use as raw mill feed as it emerges as crushed, dried and sized material from screens 4 and secondary crusher 5… each of these materials… are conveyed… to rotary roaster 7 in which said materials are roasted… to burn sufficient hydrocarbons to reduce the kerogen hydrocarbon content in the roasted rock to the indicated tolerable levels, see Simmons at C9 L54-56 teaching the roasted and beneficiated high cement rock and low cement rock are conveyed to raw mill storage bins 9b and 9c respectively, see Simmons at C9 L59 to C10 L1 teaching limestone material from bins 9a, 9b, 9c and 9d… the raw mill feed ingredients are proportioned so as to provide a cement clinker of suitable quality for the production of good commercial quality Portland cement). Calcareous rock having an appreciable kerogen content or limestone bins 9b and 9c is taken to meet the claimed “Limestone Rock Aggregate (“LRA”) limestone” based on specification at [0006] disclosing LRA limestone is a naturally occurring limestone deposit that has been impregnated with various bituminous, or hydrocarbon components, including asphaltenes and lighter hydrocarbons, and as evidenced by Pan (see Pan at page 910, Fig. 1 evidencing that kerogen (or Ker: kerogen alone) comprises bitumen and liquid hydrocarbons (or C8-C18), which were extracted during pyrolysis experiments),
wherein the LRA limestone imparts carbon nanostructures to the… Portland cement (the calcareous rock having an appreciable kerogen content or limestone bins 9b and 9c is expected to be capable of imparting carbon nanostructures to the Portland cement. Alternatively, since the method of production of Portland cement as taught by Simmons and the claimed method of fabricating Portland cement of claims 13 and 16 employ substantially similar materials and process, it is reasonable to believe that the claimed properties (i.e., wherein the LRA limestone imparts carbon nanostructures to the… Portland cement) would have naturally flowed following the teaching of Simmons (see MPEP 2112.01).
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.
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.
Claims 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Simmons; as evidenced by Pan with respect to claim 12.
Regarding claim 12, Simmons teaches the limitations as applied to claim 7 above, and Simmons further teaches wherein light fraction hydrocarbons include hydrocarbon fractions having molecular weights from C1 to C14 (see Simmons at C4 L54-57 teaching calcareous rock is quarried, crushed, roasted and cooled to form a suitable kiln feed material… the resulting kiln feed material… has its kerogen hydrocarbon content reduced to tolerable levels, see Simmons at C4 L62-66 teaching roasting of the rock is carried out at a temperature of about 800o-1,600oF (or 427o-871oC) in an oxidizing atmosphere to burn the hydrocarbons to CO2 and H2O, while avoiding undesired coking). Roasting of the rock is carried out at a temperature of about 800o-1,600oF (or 427o-871oC) in an oxidizing atmosphere to burn the hydrocarbons to CO2 and H2O, while avoiding undesired coking is taken to meet the claimed “light fraction hydrocarbons include hydrocarbon fractions having molecular weights from C1 to C14” because the hydrocarbons that are burned to CO2 and H2O are light hydrocarbons, as evidenced by Pan (see Pan at page 910, Fig 1.b. evidencing C8-18 hydrocarbons extracted above 400oC) (see MPEP 2144.05(I)).
Regarding claim 15, Simmons teaches the limitations as applied to claim 13 above, and Simmons further teaches wherein kiln treatment involves applying heat to the clinker precursor to raise the temperature of the clinker precursor within a range from 932 oF to 2,000 oF (see Simmons at C9 L16-28 teaching the high cement rock and low cement rock of stockpiles 1b and 1c, respectively, contain sufficient quantities of kerogen as to render these materials unacceptable for use as raw mill feed as it emerges as crushed, dried and sized material from screens 4 and secondary crusher 5… each of these materials… are conveyed… to rotary roaster 7 in which said materials are roasted… at temperatures of from about 800oF to about 1,600oF to burn sufficient hydrocarbons to reduce the kerogen hydrocarbon content in the roasted rock to the indicated tolerable levels) (see MPEP 2144.05(I)).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Simmons as applied to claim 17 above, and further in view of Krystek et al. (High-Performance Graphene-Based Cementitious Composites, Adv. Sci., 2019) (“Krystek” hereinafter).
Regarding claim 18, Simmons teaches the limitations as applied to claim 17 above, but Simmons does not explicitly teach wherein the carbon nanostructures include graphene flakes.
Like Simmons, Krystek teaches cementitious composite (see Krystek at Abstract teaching this disclosure reports on the development of a cementitious composite incorporating electrochemically exfoliated graphene (EEG)). Krystek further teaches FLG and MLG (or few-layer and multi-layer graphene) have emerged as a suitable choice for cement composites, because they combine several beneficial reinforcing mechanisms, such as (1) the refined porosity of cement matrix due to filling phenomena… (2) the accelerated hydration and nucleation of cement hydration products resulting in more compact and uniform microstructure… (3) the bridging effect inhibiting the formation and propagation of cracks… and (4) strong interface bonding strength between hydration products and graphene flakes caused by the friction forces (see Krystek at page 10, right column, paragraph 2). FLG and MLG or few-layer and multi-layer graphene flakes is taken to meet the claimed “wherein the carbon nanostructures include graphene flakes”.
As such, one of ordinary skill in the art would appreciate that Krystek teaches that FLG and MLG or few-layer and multi-layer graphene flakes are suitable for cement composites because the graphene flakes combine several beneficial reinforcing mechanisms, such as (1) the refined porosity of cement matrix due to filling phenomena, (2) the accelerated hydration and nucleation of cement hydration products resulting in more compact and uniform microstructure, (3) the bridging effect inhibiting the formation and propagation of cracks, and (4) strong interface bonding strength between hydration products and graphene flakes caused by the friction forces, and seek those advantages by adding FLG and MLG or few-layer and multi-layer graphene flakes in the method of production of Portland cement as taught by Simmons.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add FLG and MLG or few-layer and multi-layer graphene flakes as taught by Krystek in the method of production of Portland cement as taught by Simmons because the graphene flakes combine several beneficial reinforcing mechanisms, such as (1) the refined porosity of cement matrix due to filling phenomena, (2) the accelerated hydration and nucleation of cement hydration products resulting in more compact and uniform microstructure, (3) the bridging effect inhibiting the formation and propagation of cracks, and (4) strong interface bonding strength between hydration products and graphene flakes caused by the friction forces.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARITES A GUINO-O UZZLE whose telephone number is (571)272-1039. The examiner can normally be reached M-F 8am-4pm EST.
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/MARITES A GUINO-O UZZLE/Examiner, Art Unit 1731
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