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 without traverse of Group II. in the reply filed on 7/8/2026 is acknowledged.
Claims 1-7 and 18-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected grouping of invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/8/2026.
Claim Rejections - 35 USC § 102
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) 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 108997911.
CN 108997911 discloses a method of making an aerogel composite (Paras. [0026]; [0027] by preparing modified aerogel slurry and carrying out a surface hydrophilic modification to the aerogel powder, wherein the method comprises combining an encapsulator and aerogel particles (Para, [0013] & [0027], carrying out a surface hydrophilic modification to the aerogel powder by adding a modifier which accounts for 0.1-10% of the mass of the aerogel powder, mixing the encapsulator and the aerogel particles to yield a granular blend comprising coated aerogel particles (Para. [0028]), placing the modified aerogel powder formed into a stirring kettle, stirring it at a speed of 2000-5000 r/min for 1h, and uniformly mixing to prepare modified aerogel slurry, and increasing a rate of mixing over a length of time to yield the aerogel composite (Paras. [0030]; [0031].
Regarding Claim 9, CN 108997911 discloses encapsulator comprising heavy oil product, an asphalt binder, a synthetic polymer, an organic polymer, or any combination thereof (Para. [0027]) as defined by this claim, including polyacrylic acid which is at least a synthetic polymer (Para. [0013]).
Regarding claim 10, this claim is further defining an alternative embodiment of the claim from which it depends. Accordingly, the features of this alternative are not required to meet the limits of this claim.
Regarding Claim 11, CN 108997911 discloses silica, carbon, metal oxide, polymer-crosslinked aerogels, or any combination thereof (Para. [0015]), particularly, SiO2 aerogel powder is disclosed.
Regarding Claims 12 & 13, CN 108997911 discloses a particle size of the aerogel particles in a range between 0.005 mm and 2 mm (Para. [0015]), particularly, 80 mesh - 900 mesh {0.18 mm to less than 0.025 mm} which falls fully within the ranges of values of these claims.
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) 14 & 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 108997911 as applied to claims 8-13 above.
Regarding Claim 14, CN 108997911 differs from applicants’ claims in that it does not specifically discloses a weight ratio of the aerogel to the encapsulator in a range between 10:90 and 90:10. However, amounts in overlap are disclosed (Paras [0012] & [0013]). Accordingly, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have utilized modifying encapsulator of CN 108997911 in any proportions relative to the aerogel provided for through CN 108997911 for the purpose of effectively providing its recognized modifying effect in order to arrive at the processes of applicants’ claims with the expectation of success in the absence of a showing of new or unexpected results.
Regarding Claim 15, CN 108997911 differs from applicants’ claims in that it does not specifically disclose heating temperatures as claimed. However, overlap is evident (Paras. [0026] & [0033]). Accordingly, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have utilized any heating temperatures provided for by CN 108997911 for the purpose of effectively providing its recognized modifying effect in order to arrive at the processes of applicants’ claims with the expectation of success in the absence of a showing of new or unexpected results.
Claim(s) 16 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 108997911 as applied to claims 8-13 above, and further in view of CN 109575906.
Regarding Claim 16, CN 108997911 fails to explicitly disclose increasing the rate of mixing from 750 RPM to 3500 RPM. However, CN 109575906 is in the field of coated particles and preparation method (Abstract), and teaches increasing the rate of mixing in overlapping ranges to those claimed (Paras. [0041] - [0044]). Accordingly, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have mixed the materials of CN 108997911 at any rates provided for by CN 109575906 for the purpose of effectively mixing the materials involved in order to arrive at the processes of applicants’ claims with the expectation of success in the absence of a showing of new or unexpected results.
Regarding Claim 17, CN 108997911 fails to explicitly disclose the length of mixing time as claimed. However, CN 109575906 is in the field of coated particles and preparation method (Abstract), and teaches mixing times as claimed (Para [0073]). Accordingly, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have mixed the materials of CN 108997911 for any length of time provided for by CN 109575906 for the purpose of effectively mixing the materials involved in order to arrive at the processes of applicants’ claims with the expectation of success in the absence of a showing of new or unexpected results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Cooney whose telephone number is 571-272-1070. The examiner can normally be reached on M-F from 9 to 6. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Heidi Riviere Kelley, can be reached on 571-270-1831. 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.
/JOHN M COONEY/ Primary Examiner, Art Unit 1765
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