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
Applicant’s election of Group I, Claims 1-19 in the reply filed on 03/17/2026 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)).
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/17/2026.
Claim Objections
Claims 2 and 16 are objected to because of the following informalities:
Claim 2 reciting “gypsum” is objected to because it is not consistent with the claimed “calcium sulfate dihydrate” recited in claim 1 line 3. Examiner suggests i) replacing “gypsum” with “calcium sulfate dihydrate” in claim 2, ii) replacing “calcium sulfate dihydrate” with “gypsum” in claim 1”, or ii) some other amendment so as to make the terms consistent;
Claim 16 reciting “feed%” appears to be a typographical error and should be “feed”.
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 14-16 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.
Claim 14 reciting “5%”, claim 15 reciting “45%”, and claim 16 reciting “75%” are indefinite because the limitations is unclear if the “%” is based on mass, volume, etc. Specification failed to clarify these claimed %’s. Examiner will be treating them as written.
Examiner suggests to clarify 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 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.
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 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sethuraman et al. (US 2002/0164281 A1) (“Sethuraman” hereinafter).
Regarding claim 1, Sethuraman teaches a method of producing a stucco composition (see Sethuraman at [00021] teaching a method of producing calcium sulfate alpha-hemihydrate, see Sethuraman at [0004] teaching calcium sulfate hemihydrate, commonly referred to as… “stucco”), the method comprising:
providing a calcium sulfate feed comprising calcium sulfate dihydrate (see Sethuraman at [0021] teaching the steps of exposing a mixture including a calcium sulfate form selected from the group consisting of… calcium sulfate dihydrate). Mixture is taken to meet the claimed “calcium sulfate feed”; and
calcining the calcium sulfate feed using dielectric heating by exposing it to radio frequency radiation (see Sethuraman at [0021] teaching the steps of exposing a mixture… to microwave radiation, see Sethuraman at [0046] teaching the microwave radiation used in a method… should be of a frequency and power (e.g., measured in watts) sufficient to heat the mixture to a temperature of at least about 90o C… and to maintain the temperature of the mixture… for a time sufficient to achieve substantially complete conversion (at least about 90% by weight), preferably complete conversion of the calcium sulfate form to calcium sulfate [Symbol font/0x61]-hemihydrate, see Sethuraman at [0006]-[0007] teaching the calcination (or dehydration) step in the manufacture of calcium sulfate hemihydrate is performed by heating the land plaster… this calcination process step is performed in a “calciner”, of which there are several types known by those of skill in the art). Microwave radiation is taken to meet the claimed “calcining… using dielectric heating by exposing it to radio frequency radiation”,
frequency range up to 900 MHz (see Sethuraman at [0047] teaching the term “microwave radiation”… is defined as radiation in a range of about 300 MHz to about 300 GHz) (see MPEP 2144.05(I)),
at a specific power of at least 15 W/kg calcium sulfate dihydrate in the feed in a radio frequency (see Sethuraman teaches this limitation as outlined below).
Sethuraman teaches the microwave radiation used in a method… should be of a frequency and power (e.g., measured in watts) sufficient to heat the mixture to a temperature of at least about 90o C… and to maintain the temperature of the mixture… for a time sufficient to achieve substantially complete conversion (at least about 90% by weight), preferably complete conversion of the calcium sulfate form to calcium sulfate [Symbol font/0x61]-hemihydrate… the power input to the reaction mixture can be controlled via increasing or decreasing the power of the microwave generator to maintain the desired temperature, or by using a set power level and cycling the transmission of radiation on and off to maintain the desired temperature… the amount of power required to heat the reaction mixture will depend in part on the amount of mixture being treated to maintain the desired temperature (see Sethuraman at [0046]). Sethuraman further teaches without intending to be bound by any theory, it is believed that the microwave energy affects molecules in the mixture in two ways… the first effect is on dipole rotation… when microwave energy passes through a sample, the molecules of the sample having dipole moments (such as water) will try to align themselves with it… the more polar the compound, the stronger is the interaction with the electric field… the amount of energy transferred, the loss tangent, is a non-linear function of both the dipole moment of the molecule and the dielectric constant… the energy transfer is more efficient when the molecules are able to relax quickly; and the most efficient transfer occurs when the relaxation time matches the frequency of the microwave energy… as small molecules (such as water) absorb microwave energy, they move farther away from the resonance frequency and absorb less energy as they heat (see Sethuraman at [0049]). Sethuraman also teaches the second effect is ionic conduction… in the presence of an electric field, ionic species will migrate in one direction or the other depending on the electric field… during this migration, energy is transferred from the electric field causing ionic interactions that speed up the heating of a solution… ionic conduction increases with temperature, allowing ionic solutions to become stronger absorbers of microwave energy as they are heated… it is believed that it is this combined effect of microwave energy on molecules of the mixture having dipole moments… and ionic species in the mixture… that accounts for the efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate… in addition to the rapid, efficient heating achieved by microwave heating (see Sethuraman at [0050]-[0051]).
Additionally, MPEP states that "[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", and “the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture are result effective variables that could be optimized to provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture as taught by Sethuraman so as to arrive at the claimed “at a specific power of at least 15 W/kg calcium sulfate dihydrate in the feed in a radio frequency range up to 900 MHz” and provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate because there is the normal desire of scientists or artisans to improve upon what is already generally known.
Regarding claim 2, Sethuraman teaches the limitations as applied to claim 1 above, and Sethuraman further teaches wherein the calcium sulfate feed comprises at least 60 wt% gypsum (or calcium sulfate dihydrate) (see Sethuraman at [0038]-[0039] teaching calcium sulfate dihydrate is a preferred starting material for faster production of [Symbol font/0x61]-hemihydrate… there is no minimum concentration of the calcium sulfate form… for practical purposes, a minimum concentration of about 1 % by weight, based on the weight of the water, will being to produce sufficient calcium sulfate [Symbol font/0x61]-hemihydrate to justify the energy input cost… above about 50% by weight… the calcium sulfate form can begin to thicken… and the required time for full conversion [Symbol font/0x61]-hemihydrate is extended). A minimum concentration of about 1 % by weight to above about 50% by weight overlaps at least 60 wt% gypsum (or calcium sulfate dihydrate) (see MPEP 2144.05(I)).
Regarding claim 3, Sethuraman teaches the limitations as applied to claim 1 above, and Sethuraman further teaches wherein the calcium sulfate feed comprises free moisture, present in an amount up to 15 wt% (Sethuraman teaches this limitation as outlined below).
Sethuraman teaches the method of producing calcium sulfate [Symbol font/0x61]-hemihydrate including the steps of exposing a mixture including a calcium sulfate form selected from the group consisting of… calcium sulfate dihydrate… water… to microwave radiation to produce calcium sulfate [Symbol font/0x61]-hemihydrate (see Sethuraman at [0021]). Water is taken to meet the claimed “wherein the calcium sulfate feed comprises free moisture”.
Sethuraman also teaches unlike conventional heating, microwave heating is more efficient because the radiation is absorbed directly by water molecules and dissipated as heat through vibration of the water molecules… in addition, microwave heating can often more quickly and uniformly raise the temperature of a given sample of matter because the radiation penetrates through non-absorbing matter, and heating absorbing matter from the inside (see Sethuraman at [0017]). In summary, one of ordinary skill in the art would appreciate that microwave radiation is absorbed directly by water molecules and dissipated as heat through vibration of the water molecules.
Additionally, MPEP states that "[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", and “the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that the presence and amount of water is a result effective variables so as to absorb microwave radiation directly and dissipate as heat through vibration of the water molecules that could be optimized to provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the presence and amount of water in the mixture as taught by Sethuraman so as to arrive at the claimed “wherein the calcium sulfate feed comprises free moisture, present in an amount up to 15 wt%” so as to absorb microwave radiation directly and dissipate as heat through vibration of the water molecules that could be optimized to provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate because there is the normal desire of scientists or artisans to improve upon what is already generally known.
Regarding claim 4, Sethuraman teaches the limitations as applied to claim 1 above, and Sethuraman further teaches wherein the radio frequency range is in the range of 1-500 MHz (see Sethuraman at [0047] teaching the term “microwave radiation”… is defined as radiation in a range of about 300 MHz to about 300 GHz) (see MPEP 2144.05(I)).
Regarding claims 5-7, Sethuraman teaches the limitations as applied to claim 1 above, and Sethuraman further teaches wherein the radio frequency range is in the range of 20-100 MHz (claim 5), wherein the radio frequency range is in the range of 30-50 MHz (claim 6), and wherein the radio frequency range is in the range of 5-10 MHz (claim 7) (Sethuraman teaches these limitations as outlined below).
Sethuraman teaches the microwave radiation used in a method… should be of a frequency and power (e.g., measured in watts) sufficient to heat the mixture to a temperature of at least about 90o C… and to maintain the temperature of the mixture… for a time sufficient to achieve substantially complete conversion (at least about 90% by weight), preferably complete conversion of the calcium sulfate form to calcium sulfate [Symbol font/0x61]-hemihydrate… the power input to the reaction mixture can be controlled via increasing or decreasing the power of the microwave generator to maintain the desired temperature, or by using a set power level and cycling the transmission of radiation on and off to maintain the desired temperature… the amount of power required to heat the reaction mixture will depend in part on the amount of mixture being treated to maintain the desired temperature (see Sethuraman at [0046]). Sethuraman further teaches without intending to be bound by any theory, it is believed that the microwave energy affects molecules in the mixture in two ways… the first effect is on dipole rotation… when microwave energy passes through a sample, the molecules of the sample having dipole moments (such as water) will try to align themselves with it… the more polar the compound, the stronger is the interaction with the electric field… the amount of energy transferred, the loss tangent, is a non-linear function of both the dipole moment of the molecule and the dielectric constant… the energy transfer is more efficient when the molecules are able to relax quickly; and the most efficient transfer occurs when the relaxation time matches the frequency of the microwave energy… as small molecules (such as water) absorb microwave energy, they move farther away from the resonance frequency and absorb less energy as they heat (see Sethuraman at [0049]). Sethuraman also teaches the second effect is ionic conduction… in the presence of an electric field, ionic species will migrate in one direction or the other depending on the electric field… during this migration, energy is transferred from the electric field causing ionic interactions that speed up the heating of a solution… ionic conduction increases with temperature, allowing ionic solutions to become stronger absorbers of microwave energy as they are heated… it is believed that it is this combined effect of microwave energy on molecules of the mixture having dipole moments… and ionic species in the mixture… that accounts for the efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate… in addition to the rapid, efficient heating achieved by microwave heating (see Sethuraman at [0050]-[0051]).
Additionally, MPEP states that "[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", and “the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture are result effective variables that could be optimized to provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture as taught by Sethuraman so as to arrive at the claimed “wherein the radio frequency range is in the range of 20-100 MHz” (claim 5), wherein the radio frequency range is in the range of 30-50 MHz” (claim 6), and “wherein the radio frequency range is in the range of 5-10 MHz” (claim 7) and provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate because there is the normal desire of scientists or artisans to improve upon what is already generally known.
Regarding claims 8-9, Sethuraman teaches the limitations as applied to claim 1 above, and Sethuraman further teaches wherein the specific power in the radio frequency range is at least 30 W/kg (claim 8), and wherein the specific power in the radio frequency range is at least 200 W/kg (claim 9) (Sethuraman teaches these limitations as outlined below).
Sethuraman teaches the microwave radiation used in a method… should be of a frequency and power (e.g., measured in watts) sufficient to heat the mixture to a temperature of at least about 90o C… and to maintain the temperature of the mixture… for a time sufficient to achieve substantially complete conversion (at least about 90% by weight), preferably complete conversion of the calcium sulfate form to calcium sulfate [Symbol font/0x61]-hemihydrate… the power input to the reaction mixture can be controlled via increasing or decreasing the power of the microwave generator to maintain the desired temperature, or by using a set power level and cycling the transmission of radiation on and off to maintain the desired temperature… the amount of power required to heat the reaction mixture will depend in part on the amount of mixture being treated to maintain the desired temperature (see Sethuraman at [0046]). Sethuraman further teaches without intending to be bound by any theory, it is believed that the microwave energy affects molecules in the mixture in two ways… the first effect is on dipole rotation… when microwave energy passes through a sample, the molecules of the sample having dipole moments (such as water) will try to align themselves with it… the more polar the compound, the stronger is the interaction with the electric field… the amount of energy transferred, the loss tangent, is a non-linear function of both the dipole moment of the molecule and the dielectric constant… the energy transfer is more efficient when the molecules are able to relax quickly; and the most efficient transfer occurs when the relaxation time matches the frequency of the microwave energy… as small molecules (such as water) absorb microwave energy, they move farther away from the resonance frequency and absorb less energy as they heat (see Sethuraman at [0049]). Sethuraman also teaches the second effect is ionic conduction… in the presence of an electric field, ionic species will migrate in one direction or the other depending on the electric field… during this migration, energy is transferred from the electric field causing ionic interactions that speed up the heating of a solution… ionic conduction increases with temperature, allowing ionic solutions to become stronger absorbers of microwave energy as they are heated… it is believed that it is this combined effect of microwave energy on molecules of the mixture having dipole moments… and ionic species in the mixture… that accounts for the efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate… in addition to the rapid, efficient heating achieved by microwave heating (see Sethuraman at [0050]-[0051]).
Additionally, MPEP states that "[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", and “the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture are result effective variables that could be optimized to provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture as taught by Sethuraman so as to arrive at the claimed “wherein the specific power in the radio frequency range is at least 30 W/kg” (claim 8), and “wherein the specific power in the radio frequency range is at least 200 W/kg” (claim 9) and provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate because there is the normal desire of scientists or artisans to improve upon what is already generally known.
Regarding claims 10-12, Sethuraman teaches the limitations as applied to claim 1 above, and Sethuraman further teaches wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of at least 0.0027 kW-h/kg of calcium sulfate dihydrate in the feed (claim 10), wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of at least 0.1 kW-h/kg of calcium sulfate dihydrate in the feed (claim 11), and wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of no more than 3 kW-h/kg of calcium sulfate dihydrate in the feed (claim 12) (Sethuraman teaches these limitations as outlined below).
Sethuraman teaches the microwave radiation used in a method… should be of a frequency and power (e.g., measured in watts) sufficient to heat the mixture to a temperature of at least about 90o C… and to maintain the temperature of the mixture… for a time sufficient to achieve substantially complete conversion (at least about 90% by weight), preferably complete conversion of the calcium sulfate form to calcium sulfate [Symbol font/0x61]-hemihydrate… the power input to the reaction mixture can be controlled via increasing or decreasing the power of the microwave generator to maintain the desired temperature, or by using a set power level and cycling the transmission of radiation on and off to maintain the desired temperature… the amount of power required to heat the reaction mixture will depend in part on the amount of mixture being treated to maintain the desired temperature (see Sethuraman at [0046]). Sethuraman further teaches without intending to be bound by any theory, it is believed that the microwave energy affects molecules in the mixture in two ways… the first effect is on dipole rotation… when microwave energy passes through a sample, the molecules of the sample having dipole moments (such as water) will try to align themselves with it… the more polar the compound, the stronger is the interaction with the electric field… the amount of energy transferred, the loss tangent, is a non-linear function of both the dipole moment of the molecule and the dielectric constant… the energy transfer is more efficient when the molecules are able to relax quickly; and the most efficient transfer occurs when the relaxation time matches the frequency of the microwave energy… as small molecules (such as water) absorb microwave energy, they move farther away from the resonance frequency and absorb less energy as they heat (see Sethuraman at [0049]). Sethuraman also teaches the second effect is ionic conduction… in the presence of an electric field, ionic species will migrate in one direction or the other depending on the electric field… during this migration, energy is transferred from the electric field causing ionic interactions that speed up the heating of a solution… ionic conduction increases with temperature, allowing ionic solutions to become stronger absorbers of microwave energy as they are heated… it is believed that it is this combined effect of microwave energy on molecules of the mixture having dipole moments… and ionic species in the mixture… that accounts for the efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate… in addition to the rapid, efficient heating achieved by microwave heating (see Sethuraman at [0050]-[0051]).
Additionally, MPEP states that "[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", and “the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture are result effective variables that could be optimized to provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture as taught by Sethuraman so as to arrive at the claimed “wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of at least 0.0027 kW-h/kg of calcium sulfate dihydrate in the feed (claim 10), wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of at least 0.1 kW-h/kg of calcium sulfate dihydrate in the feed (claim 11), and wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of no more than 3 kW-h/kg of calcium sulfate dihydrate in the feed (claim 12) and provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate because there is the normal desire of scientists or artisans to improve upon what is already generally known.
Regarding claim 13, Sethuraman teaches the limitations as applied to claim 1 above, and Sethuraman further teaches wherein at least 70 mol% of the calcium sulfate dihydrate of the calcium sulfate feed is converted to calcium sulfate hemihydrate (see Sethuraman at [0038] teaching calcium sulfate dihydrate is a preferred starting material for faster production of [Symbol font/0x61]-hemihydrate, and is also the most common form of calcium sulfate available from sources, see Sethuraman at [0052] teaching substantially complete (at least about 90% by weight) conversion of the calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate) (see MPEP 2144.05(I)).
Regarding claims 14-16, Sethuraman teaches the limitations as applied to claim 1 above, and Sethuraman further teaches wherein at least 5% of crystalline water is removed from the calcium sulfate dihydrate (claim 14), wherein at least 45% of crystalline water is removed from the calcium sulfate feed (claim 15), and wherein no more than 75% of crystalline water is removed from the calcium sulfate feed (claim 16) (Sethuraman teaches these limitations as outlined below).
The calcination (or dehydration) step in the manufacture of calcium sulfate hemihydrate is performed by heating the land plaster, and generally can be described by the following chemical equation which shows that heating calcium sulfate dihydrate yields calcium sulfate hemihydrate (stucco) and water vapor (see Sethuraman at [0006]):
PNG
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44
386
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Greyscale
Sethuraman teaches calcium sulfate dihydrate is a preferred starting material for faster production of [Symbol font/0x61]-hemihydrate, and is also the most common form of calcium sulfate available from sources, see Sethuraman at [0052] teaching substantially complete (at least about 90% by weight) conversion of the calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate (see Sethuraman at [0038]). In summary, one of ordinary skill in the part would appreciate that when heating calcium sulfate dihydrate to yield calcium sulfate hemihydrate (stucco), 1.5 moles of crystalline water is released from calcium sulfate dihydrate to form water vapor.
Additionally, MPEP states that "[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", and “the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that heating calcium sulfate dihydrate result effective variables that could be optimized to yield calcium sulfate hemihydrate (stucco) based on the chemical equation as taught by Sethuraman.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the heating calcium sulfate dihydrate as taught by Sethuraman so as to arrive at the claimed “wherein at least 5% of crystalline water is removed from the calcium sulfate dihydrate” (claim 14), “wherein at least 45% of crystalline water is removed from the calcium sulfate feed” (claim 15), and “wherein no more than 75% of crystalline water is removed from the calcium sulfate feed” (claim 16) to yield calcium sulfate hemihydrate (stucco) and water vapor based on the chemical equation as taught by Sethuraman so as to have a conversion of at least about 90% by weight of the calcium sulfate dihydrate to calcium sulfate [Symbol font/0x61]-hemihydrate because there is the normal desire of scientists or artisans to improve upon what is already generally known.
Regarding claims 17-18, Sethuraman teaches the limitations as applied to claim 1 above, and Sethuraman further teaches wherein the calcining reduces the mass of the calcium sulfate feed to provide a stucco composition having a mass of no more than 95% of the mass of the calcium sulfate feed (claim 17), wherein the calcining reduces the mass of the calcium sulfate feed to provide a stucco composition having a mass of no more than 85% of the mass of the calcium sulfate feed (claim 18), and wherein the calcining reduces the mass of the calcium sulfate feed to provide a stucco composition having a mass in the range of 75- 95% of the mass of the calcium sulfate feed (claim 19) (Sethuraman teaches these limitations as outlined below).
The calcination (or dehydration) step in the manufacture of calcium sulfate hemihydrate is performed by heating the land plaster, and generally can be described by the following chemical equation which shows that heating calcium sulfate dihydrate yields calcium sulfate hemihydrate (stucco) and water vapor (see Sethuraman at [0006]):
PNG
media_image1.png
44
386
media_image1.png
Greyscale
Sethuraman teaches calcium sulfate dihydrate is a preferred starting material for faster production of [Symbol font/0x61]-hemihydrate, and is also the most common form of calcium sulfate available from sources, see Sethuraman at [0052] teaching substantially complete (at least about 90% by weight) conversion of the calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate (see Sethuraman at [0038]). In summary, one of ordinary skill in the part would appreciate that when heating calcium sulfate dihydrate to yield calcium sulfate hemihydrate (stucco), 1.5 moles of crystalline water is released from calcium sulfate dihydrate to form water vapor, which would have resulted in the reduction of mass of the calcium sulfate feed.
Additionally, MPEP states that "[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", and “the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that heating calcium sulfate dihydrate result effective variables that could be optimized to yield calcium sulfate hemihydrate (stucco) based on the chemical equation as taught by Sethuraman.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the heating calcium sulfate dihydrate as taught by Sethuraman so as to arrive at the claimed “wherein the calcining reduces the mass of the calcium sulfate feed to provide a stucco composition having a mass of no more than 95% of the mass of the calcium sulfate feed” (claim 17), “wherein the calcining reduces the mass of the calcium sulfate feed to provide a stucco composition having a mass of no more than 85% of the mass of the calcium sulfate feed” (claim 18), and “wherein the calcining reduces the mass of the calcium sulfate feed to provide a stucco composition having a mass in the range of 75- 95% of the mass of the calcium sulfate feed” (claim 19) to yield calcium sulfate hemihydrate (stucco) and water vapor based on the chemical equation as taught by Sethuraman so as to have a conversion of at least about 90% by weight of the calcium sulfate dihydrate to calcium sulfate [Symbol font/0x61]-hemihydrate because there is the normal desire of scientists or artisans to improve upon what is already generally known.
Claims 1 and 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Sethuraman in view of Peng et al. (CN 106431032 A, with reference to the machine translation) (“Peng” hereinafter), as evidenced by Igel (Teach Engineering, Measuring Distance with Sound Waves, 2021) (“Igel” hereinafter) with respect to claim 1 and 5-7.
Regarding claim 1, Sethuraman teaches a method of producing a stucco composition (see Sethuraman at [00021] teaching a method of producing calcium sulfate alpha-hemihydrate, see Sethuraman at [0004] teaching calcium sulfate hemihydrate, commonly referred to as… “stucco”), the method comprising:
providing a calcium sulfate feed comprising calcium sulfate dihydrate (see Sethuraman at [0021] teaching the steps of exposing a mixture including a calcium sulfate form selected from the group consisting of… calcium sulfate dihydrate). Mixture is taken to meet the claimed “calcium sulfate feed”; and
calcining the calcium sulfate feed using dielectric heating by exposing it to radio frequency radiation (see Sethuraman at [0021] teaching the steps of exposing a mixture… to microwave radiation, see Sethuraman at [0046] teaching the microwave radiation used in a method… should be of a frequency and power (e.g., measured in watts) sufficient to heat the mixture to a temperature of at least about 90o C… and to maintain the temperature of the mixture… for a time sufficient to achieve substantially complete conversion (at least about 90% by weight), preferably complete conversion of the calcium sulfate form to calcium sulfate [Symbol font/0x61]-hemihydrate, see Sethuraman at [0006]-[0007] teaching the calcination (or dehydration) step in the manufacture of calcium sulfate hemihydrate is performed by heating the land plaster… this calcination process step is performed in a “calciner”, of which there are several types known by those of skill in the art). Microwave radiation is taken to meet the claimed “calcining… using dielectric heating by exposing it to radio frequency radiation”,
frequency range up to 900 MHz (see Sethuraman at [0047] teaching the term “microwave radiation”… is defined as radiation in a range of about 300 MHz to about 300 GHz) (see MPEP 2144.05(I)),
at a specific power of at least 15 W/kg calcium sulfate dihydrate in the feed (see Sethuraman teaches this limitation as outlined below).
Sethuraman teaches the microwave radiation used in a method… should be of a frequency and power (e.g., measured in watts) sufficient to heat the mixture to a temperature of at least about 90o C… and to maintain the temperature of the mixture… for a time sufficient to achieve substantially complete conversion (at least about 90% by weight), preferably complete conversion of the calcium sulfate form to calcium sulfate [Symbol font/0x61]-hemihydrate… the power input to the reaction mixture can be controlled via increasing or decreasing the power of the microwave generator to maintain the desired temperature, or by using a set power level and cycling the transmission of radiation on and off to maintain the desired temperature… the amount of power required to heat the reaction mixture will depend in part on the amount of mixture being treated to maintain the desired temperature (see Sethuraman at [0046]). Sethuraman further teaches without intending to be bound by any theory, it is believed that the microwave energy affects molecules in the mixture in two ways… the first effect is on dipole rotation… when microwave energy passes through a sample, the molecules of the sample having dipole moments (such as water) will try to align themselves with it… the more polar the compound, the stronger is the interaction with the electric field… the amount of energy transferred, the loss tangent, is a non-linear function of both the dipole moment of the molecule and the dielectric constant… the energy transfer is more efficient when the molecules are able to relax quickly; and the most efficient transfer occurs when the relaxation time matches the frequency of the microwave energy… as small molecules (such as water) absorb microwave energy, they move farther away from the resonance frequency and absorb less energy as they heat (see Sethuraman at [0049]). Sethuraman also teaches the second effect is ionic conduction… in the presence of an electric field, ionic species will migrate in one direction or the other depending on the electric field… during this migration, energy is transferred from the electric field causing ionic interactions that speed up the heating of a solution… ionic conduction increases with temperature, allowing ionic solutions to become stronger absorbers of microwave energy as they are heated… it is believed that it is this combined effect of microwave energy on molecules of the mixture having dipole moments… and ionic species in the mixture… that accounts for the efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate… in addition to the rapid, efficient heating achieved by microwave heating (see Sethuraman at [0050]-[0051]).
Additionally, MPEP states that "[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", and “the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture are result effective variables that could be optimized to provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture as taught by Sethuraman so as to arrive at the claimed “at a specific power of at least 15 W/kg calcium sulfate dihydrate in the feed in a radio frequency range up to 900 MHz” and provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate because there is the normal desire of scientists or artisans to improve upon what is already generally known.
Sethuraman does not explicitly teach radio frequency.
Like Sethuraman, Peng teaches method of producing calcium sulfate [Symbol font/0x61]-hemihydrate using microwave radiation (see Peng at [0002] teaching a microwave preparation method of [Symbol font/0x61]-hemihydrate calcium sulfate). Peng teaches use an atmospheric pressure salt solution method, in which calcium sulfate dihydrate can be converted to [Symbol font/0x61]-HH (or calcined gypsum) in a short reaction time under the synergistic effect of microwaves and ultrasound, thus avoiding the safety hazards of high pressure used in the hydrothermal methods (see Peng at [0010]). Ultrasound is taken to meet the claimed “radio frequency” as evidenced by Igel (see Igel at page 4, Fig 1 evidencing sound frequency is in the range of about 20 Hz to 20,000 Hz (or 200 MHz)).
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As such, one of ordinary skill in the art would appreciate that Peng teaches the synergistic effect of microwaves and ultrasound in the method of producing calcium sulfate [Symbol font/0x61]-hemihydrate in a short reaction time under atmospheric pressure so as to avoid the safety hazards of high pressure used in hydrothermal methods.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to use the synergistic effect of microwaves and ultrasound as taught by Peng in the method of producing calcium sulfate [Symbol font/0x61]-hemihydrate as taught by Sethuraman so as to shorten reaction time under atmospheric pressure and avoid the safety hazards of high pressure used in hydrothermal methods.
Regarding claims 5-7, Sethuraman in view of Peng teach the limitations as applied to claim 1 above, and Peng further teaches wherein the radio frequency range is in the range of 20-100 MHz (claim 5), wherein the radio frequency range is in the range of 30-50 MHz (claim 6), and wherein the radio frequency range is in the range of 5-10 MHz (claim 7) (see Peng at [0010] teaching use an atmospheric pressure salt solution method, in which calcium sulfate dihydrate can be converted to [Symbol font/0x61]-HH (or calcined gypsum) in a short reaction time under the synergistic effect of microwaves and ultrasound, thus avoiding the safety hazards of high pressure used in the hydrothermal methods). Ultrasound is taken to meet the claimed “wherein the radio frequency range is in the range of 20-100 MHz” (claim 5), “wherein the radio frequency range is in the range of 30-50 MHz” (claim 6), and “wherein the radio frequency range is in the range of 5-10 MHz” (claim 7) as evidenced by Igel (see Igel at page 4, Fig 1 evidencing sound frequency is in the range of about 20 Hz to 20,000 Hz (or 200 MHz)) (see MPEP 2144.05(I)).
Regarding claims 8-9, Sethuraman in view of Peng teach the limitations as applied to claim 1 above, and Sethuraman further teaches wherein the specific power in the radio frequency range is at least 30 W/kg (claim 8), and wherein the specific power in the radio frequency range is at least 200 W/kg (claim 9) (Sethuraman teaches these limitations as outlined below).
Sethuraman teaches the microwave radiation used in a method… should be of a frequency and power (e.g., measured in watts) sufficient to heat the mixture to a temperature of at least about 90o C… and to maintain the temperature of the mixture… for a time sufficient to achieve substantially complete conversion (at least about 90% by weight), preferably complete conversion of the calcium sulfate form to calcium sulfate [Symbol font/0x61]-hemihydrate… the power input to the reaction mixture can be controlled via increasing or decreasing the power of the microwave generator to maintain the desired temperature, or by using a set power level and cycling the transmission of radiation on and off to maintain the desired temperature… the amount of power required to heat the reaction mixture will depend in part on the amount of mixture being treated to maintain the desired temperature (see Sethuraman at [0046]). Sethuraman further teaches without intending to be bound by any theory, it is believed that the microwave energy affects molecules in the mixture in two ways… the first effect is on dipole rotation… when microwave energy passes through a sample, the molecules of the sample having dipole moments (such as water) will try to align themselves with it… the more polar the compound, the stronger is the interaction with the electric field… the amount of energy transferred, the loss tangent, is a non-linear function of both the dipole moment of the molecule and the dielectric constant… the energy transfer is more efficient when the molecules are able to relax quickly; and the most efficient transfer occurs when the relaxation time matches the frequency of the microwave energy… as small molecules (such as water) absorb microwave energy, they move farther away from the resonance frequency and absorb less energy as they heat (see Sethuraman at [0049]). Sethuraman also teaches the second effect is ionic conduction… in the presence of an electric field, ionic species will migrate in one direction or the other depending on the electric field… during this migration, energy is transferred from the electric field causing ionic interactions that speed up the heating of a solution… ionic conduction increases with temperature, allowing ionic solutions to become stronger absorbers of microwave energy as they are heated… it is believed that it is this combined effect of microwave energy on molecules of the mixture having dipole moments… and ionic species in the mixture… that accounts for the efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate… in addition to the rapid, efficient heating achieved by microwave heating (see Sethuraman at [0050]-[0051]).
Additionally, MPEP states that "[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", and “the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture are result effective variables that could be optimized to provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture as taught by Sethuraman in view of Peng so as to arrive at the claimed “wherein the specific power in the radio frequency range is at least 30 W/kg” (claim 8), and “wherein the specific power in the radio frequency range is at least 200 W/kg” (claim 9) and provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate because there is the normal desire of scientists or artisans to improve upon what is already generally known.
Regarding claims 10-12, Sethuraman in view of Peng teach the limitations as applied to claim 1 above, and Sethuraman further teaches wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of at least 0.0027 kW-h/kg of calcium sulfate dihydrate in the feed (claim 10), wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of at least 0.1 kW-h/kg of calcium sulfate dihydrate in the feed (claim 11), and wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of no more than 3 kW-h/kg of calcium sulfate dihydrate in the feed (claim 12) (Sethuraman teaches these limitations as outlined below).
Sethuraman teaches the microwave radiation used in a method… should be of a frequency and power (e.g., measured in watts) sufficient to heat the mixture to a temperature of at least about 90o C… and to maintain the temperature of the mixture… for a time sufficient to achieve substantially complete conversion (at least about 90% by weight), preferably complete conversion of the calcium sulfate form to calcium sulfate [Symbol font/0x61]-hemihydrate… the power input to the reaction mixture can be controlled via increasing or decreasing the power of the microwave generator to maintain the desired temperature, or by using a set power level and cycling the transmission of radiation on and off to maintain the desired temperature… the amount of power required to heat the reaction mixture will depend in part on the amount of mixture being treated to maintain the desired temperature (see Sethuraman at [0046]). Sethuraman further teaches without intending to be bound by any theory, it is believed that the microwave energy affects molecules in the mixture in two ways… the first effect is on dipole rotation… when microwave energy passes through a sample, the molecules of the sample having dipole moments (such as water) will try to align themselves with it… the more polar the compound, the stronger is the interaction with the electric field… the amount of energy transferred, the loss tangent, is a non-linear function of both the dipole moment of the molecule and the dielectric constant… the energy transfer is more efficient when the molecules are able to relax quickly; and the most efficient transfer occurs when the relaxation time matches the frequency of the microwave energy… as small molecules (such as water) absorb microwave energy, they move farther away from the resonance frequency and absorb less energy as they heat (see Sethuraman at [0049]). Sethuraman also teaches the second effect is ionic conduction… in the presence of an electric field, ionic species will migrate in one direction or the other depending on the electric field… during this migration, energy is transferred from the electric field causing ionic interactions that speed up the heating of a solution… ionic conduction increases with temperature, allowing ionic solutions to become stronger absorbers of microwave energy as they are heated… it is believed that it is this combined effect of microwave energy on molecules of the mixture having dipole moments… and ionic species in the mixture… that accounts for the efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate… in addition to the rapid, efficient heating achieved by microwave heating (see Sethuraman at [0050]-[0051]).
Additionally, MPEP states that "[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", and “the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture are result effective variables that could be optimized to provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the amount of the mixture, microwave heating, and the combined effect of microwave energy on molecules of the mixture having dipole moments and ionic species in the mixture as taught by Sethuraman in view of Peng so as to arrive at the claimed “wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of at least 0.0027 kW-h/kg of calcium sulfate dihydrate in the feed (claim 10), wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of at least 0.1 kW-h/kg of calcium sulfate dihydrate in the feed (claim 11), and wherein the calcium sulfate feed is exposed to a specific energy dose in the radio frequency range of no more than 3 kW-h/kg of calcium sulfate dihydrate in the feed (claim 12) and provide an efficient, rapid heating and rapid conversion of calcium sulfate forms to calcium sulfate [Symbol font/0x61]-hemihydrate because
Conclusion
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/MARITES A GUINO-O UZZLE/Examiner, Art Unit 1731
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