CTNF 18/507,190 CTNF 84162 DETAILED ACTION Election/Restrictions 08-25-02 Applicant’s election of Group I, claims 1-27 in the reply filed on 10/24/2025 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requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). 08-06 AIA Claim 28 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/24/2025 . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-2, 6-10, 12-19, and 21-27 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Esguerra et al. ( WO 2022/029584 ) . Esguerra discloses fire resistant gypsum panels. Concerning claims 1, 2, and 6, Esguerra discloses the fire resistant gypsum panel ( FIGS. 2 and 3 ) comprises two facing sheets and a gypsum core comprising three layers, wherein the core contains at least one composition of gypsum, silica, and a ceramic flux agent that is a fire resistant additive ( pp. 14-18 and Table 1; FIGS. 2 and 3 ). Esguerra further states that the composition is found in at least the two surface layers which meets the instant claims ( FIG. 2; pp. 17-18 ). Given that the instant claims do not recite a specific materials for each composition as claimed, thermal insulation composition and shrinkage control composition can be the same and the embodiment shown in at least Figure 2 meets the limitations as claimed. Concerning claim 7, the silica can include a colloidal silica as well as silica fibers ( p. 16, lines 13-16 ). Regarding claims 8 and 9, the ceramic flux additive can be pumice which is a volcanic rock ( Tables 1 and 2 ). In regards to claim 10, the density of the entire panel is less than 30 lbs/ft 3 ( p. 7, line 30 ), which when converted is less than 480 kg/m 3 . While it is noted that this is the entire panel, since the composition forming one of the layers is part of the entire panel, the composition considered to be the thermal insulation composition would have the claimed density value. With respect to claims 12-14, since the compositions do not recite specific materials for the composition in the independent claim and Esguerra shows only two layers with the composition as disclosed above, one layer can be considered to be the shrinkage control composition layer and the other is the thermal insulation composition layer, wherein there is only one layer of each as shown in Figure 2. Regarding claim 15, as shown in Figure 2, the middle layer does not contain the silica material and as such, meet the instant limitations. With respect to claims 17-19, Figures 2 and 3 show the structure as claimed. Concerning claim 21, the ceramic flux agent which includes pumice, is found at a content of less than 10 wt% ( p. 16, lines 1-10 ) In regards to claims 22-24, since the materials are the same as that claimed for each layer, the density of the second layer is less than the first and third layers. Concerning claim 25, the shrinkage is less than 5% in volume, which would within the range when taken as the area ( p. 20 ). Regarding claim 26, the weight of the panel is from 800 to 1600 lb/msf ( p. 13 ). With respect to claim 28, the panel is the same as that claimed and has the same materials, the panel would pass the claimed ASTM standard ( p. 7, lines 22-30 ) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Esguerra et al. ( WO 2022/029584 ) in view of Murray ( WO 2020/124163 ) . Esguerra discloses the above including the use of additional agents to enhance performance ( p. 9 ). However, Esguerra is silent to the claimed materials. Murray discloses polymethylhydrosiloxanes and potassium methyl siliconates are added to gypsum compositions for reducing water absorption ( para. 0057 ). As such, for reducing water absorption, one of ordinary skill in the art would have been motivated to add the claimed materials . 07-21-aia AIA Claim s 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Esguerra et al. ( WO 2022/029584 ) . Regarding claim 11, Esguerra discloses the panel is required to be lightweight with respect to the density and has a thickness of about ¼ inch to an inch ( p. 7 ). As such, in order to meet the above requirements, one of ordinary skill in the art would have been motivated to have the pumice particles within the claimed range. With respect to claim 20, Esguerra discloses the colloidal silica is found at a content of less than 99 wt% of the additive, which includes and encompasses the claimed range ( p. 16, lines 13-16 ). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASHANT J KHATRI whose telephone number is (571)270-3470. The examiner can normally be reached M-F 10AM-6:30PM. 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, 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. PRASHANT J. KHATRI Primary Examiner Art Unit 1783 /PRASHANT J KHATRI/Primary Examiner, Art Unit 1783 Application/Control Number: 18/507,190 Page 2 Art Unit: 1783 Application/Control Number: 18/507,190 Page 3 Art Unit: 1783 Application/Control Number: 18/507,190 Page 4 Art Unit: 1783 Application/Control Number: 18/507,190 Page 6 Art Unit: 1783