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Claims 9-29 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/05/2026.
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 2-7 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.
Regarding claim 2, antecedent basis for calcium aluminate cement has been previously established in the claims. Appropriate correction is required.
Regarding claim 3, antecedent basis for Portland cement has been previously established in the claims. Appropriate correction is required.
Regarding claim 4, antecedent basis for gypsum has been previously established in the claims. Appropriate correction is required.
Regarding claim 5, antecedent basis for gypsum has been previously established in the claims. Appropriate correction is required.
Regarding claim 6, antecedent basis for slag has been previously established in the claims. Appropriate correction is required.
Regarding claim 7, antecedent basis for calcium aluminate cement, Portland cement, gypsum, and slag has been previously established in the claims. Appropriate correction is required.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Canstantinou et al., U.S. Patent Application Publication 2004/0035328.
Regarding claim 1, Constantinou discloses a cementitious mixture comprising: about 15 wt% to about 75 wt% of calcium aluminate cement (paragraph 36), about 5 wt% to about 40 wt% of Portland cement (paragraph 35), about 10 wt% to about 50 wt% of gypsum (paragraph 37; paragraph 21), and about 1 wt% to about 30 wt% of slag (paragraph 39).
Regarding claim 2, Constantinou discloses a cementitious mixture comprising about 30 wt% to about 60 wt% of calcium aluminate cement (paragraph 36).
Regarding claim 3, Constantinou discloses a cementitious mixture comprising about 10 wt% to about 30 wt% of Portland cement (paragraph 35).
Regarding claim 4, Constantinou discloses a cementitious mixture comprising about 25 wt% to about 50 wt% of gypsum (paragraph 37).
Regarding claim 5, Constantinou discloses a cementitious mixture comprising about 25 wt% to about 40 wt% of gypsum (paragraph 37).
Regarding claim 6, Constantinou discloses a cementitious mixture comprising about 2 wt% to about 20 wt% of slag (paragraph 39).
Regarding claim 7, Constantinou discloses a cementitious mixture comprising at least about 90 wt% of a total amount of calcium aluminate cement, Portland cement, gypsum, and slag (paragraphs 34-39).
Claim Rejections - 35 USC § 103
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 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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Canstantinou et al., U.S. Patent Application Publication 2004/0035328 in view of Tsirigotis et al., U.S. Patent Application Publication 2024/0018047.
Regarding claim 8, Canstantinou discloses a cementitious mixture but does not specifically disclose it is further comprising about 1 L/m3 to about 5 L/m3 of a superplasticizer. Tsirigotis teaches a mixture comprised of calcium aluminate cement, Portland cement, calcium sulfate/gypsum, and slag (paragraph 54) having a superplasticizer additive (paragraph 71). It would have been obvious to one having ordinary skill in the art before the effective filing date of the clamed invention to utilize a superplasticizer depending on the application of the concrete for a more durable concrete with increased strength. It would also have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to produce the concrete with a superplasticizer additive within the given range depending on the strength desired and the application for which it is to be used, and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633