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 .
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (US 2012/0024196).
Regarding claim 1, applicant has claims “comprising” aggregate materials
Gong (US 2012/0024196) teaches a concrete formed form kiln dust gypsum, fumed silica, Hydraulic pozzolanic material, Calcined material (see claims and [0016, 0019, 0054]). Exemplary embodiments form a ternary system (see [0068-0069]). The concrete may comprise a SiO2 aggregate (See table 3). Gong teaches an overlapping percentage of SiO2 (see claims).
Regarding claims 5-6, the art teaches substantially the same mixture of materials and thus would be obvious to provide within the claimed materials.
Additionally, “It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art.” In re Kerkhoven,626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980).
Dependent upon desired properties; it would have been obvious to one of ordinary skill in the art at the relevant time of filing to provide the taught materials within the claimed ranges dependent upon the desired strength of the final product and hardening behavior for easier handling (ease of working with the product; See [0021, 0018]).
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (US 2012/0024196) in view of Ogden (US 2011/0262732).
Gong does not teach conductive particles.
Ogden (US 2011/0262732) teaches a concrete conductive material including graphite carbon fibers and/or nano-sized graphite fibers (encompassing or rendering obvious nanocarbons or graphitic CNTs) with particular tensile strengths for reinforcing the concrete for strength (See [0042-0045]).
It would have been obvious to one of ordinary skill in the art at the relevant time of filing to provide concrete conductive material including graphite fibers and/or nano-sized graphite fibers (encompassing or rendering obvious graphitic CNTs) with particular tensile strengths for reinforcing the concrete for strength (See [0042-0045]).
Claim(s) 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (US 2012/0024196) in view of Ogden (US 2011/0262732) and Pomeroy (US 11/889,929).
Gong doesn’t teach conductive particles.
Gong (US 2012/0024196) teaches a concrete formed form kiln dust gypsum Hydraulic pozzolanic material (see claims and [0054]). Formed from a ternary system (see [0068-0069]). The concrete may comprise a SiO2 aggregate (See table 3).
Gong may not teach the all the limitations of the claimed invention.
Pomeroy (US 11/889929) teaches a furniture base material made form gypsum, clay (encompassing a Pozzolan material) and/or concrete having a one or multiple conductive material that form a heating element when a current is applied (see columns 5 and 6, claims and figures).
Regarding claim 12, Pomeroy (US 11/889929) teaches generation of heat in a manner substantially similar to that claimed (See descriptions, heating element 102 in multiple areas Description of Figure 3A).
Particular to claim 12, Pomeroy (US 11/889929) teaches “In some embodiments of the furnishing unit 110, a robust resistive heating element is formed as a winding resistive heating wire or filament” (or coil, column 6 lines 30-65).
Regarding claim 13, Pomeroy (US 11/889929) teaches one or more conductors connected with inputs and outputs to an electrical power source as claimed (See above areas, figures, and description figure 2B).
Regarding claim 14, The heating element is a wire mesh (See claims and figures) or carbon fibers.
Regarding claim 15, the conductor can be printed between layers (See figures and description).
Regarding claim 16, the art teaches embodiments with more than one layer of conductors (See figures and claims).
Regarding claims 17-18, Pomeroy (US 11/889929) teaches the article functions as claimed (See description of electrical system).
Regarding claim 19, the claim is an article claim with a product by process limitation that is not required when the article is otherwise taught. In the instant case the article is taught regardless of the process of making it. Therefore, the claim is considered met by the art. Additionally, the art teaches a printed material (See description figure 2B).
Regarding claim 20, Pomeroy (US 11/889929) teaches a furniture base material that includes concrete indoor/ outdoor furniture (See figures and description thereof).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL H MILLER whose telephone number is (571)272-1534. The examiner can normally be reached M-TH 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Veronica Ewald can be reached at 571-272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL H MILLER/Primary Examiner, Art Unit 1783
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