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 § 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 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.
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.
Claim(s) 162, 164-177 is/are rejected under 35 U.S.C. 102(a) (1)as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US20100313794A1(US’794).
Regarding claim 162, US’794 discloses material comprising metal silicates (e.g., rock comprising metal silicate minerals) having a wide range of initial particle sizes is comminuted. Size reduction of starting material comprising metal silicates may begin with crushing. Crushed material comprising metal silicates may then be reduced to a smaller particle size by grinding. Grinding may include use of a mill such as a jet mill or ball mill. Ground material comprising metal silicates may then be subsequently screened (e.g., by sieve, cyclone, etc.) to select for material comprising metal silicates within a particular size distribution range. Further processing of the screen-selected material comprising metal silicates may include magnetic separation to separate magnetic material such as magnetite (Fe3O4) followed by optional heat treatment. Screened material comprising metal silicates falling within the particular size distribution range may be directly used (i.e., advanced to digestion of the silicate material) or, optionally, passed on to further processing in an iterative process. In some embodiments, the particle size of the material comprising metal silicates may be reduced to an average diameter of less than 10,000, less than 1000, less than 750, less than 500, less than 400, less than 300, less than 200, less than 100, less than 75, less than 50, less than 25, or less than 10 microns. See [0067].
Material comprising metal silicates (e.g., magnesium silicates such as olivine) and/or other rocks and minerals comprising metal species of interest may also be digested in an acidic aqueous solution (e.g., HCl (aq), H2SO4 (aq), each of which is optionally from an electrochemical process) to produce, for example, a slurry comprising divalent cations (e.g., Mg2+, Ca2+) and silicon-based material (e.g., silica, unreacted or undigested silicate, etc.).See [0073].
Digesting the material comprising the metal silicate comprises digestion with an acid to produce an acidic solution comprising the divalent cations and the material comprising SiO2. The acid may be selected from the group consisting of HF, HCl, HBr, HI, H2SO4 and et al.. In some embodiments, the acid is HCl. See [0006].
After digestion, the acidic solution may be contacted with a proton-removing agent.
After digestion of the material comprising metal silicates, the resultant digestion mixture may be optionally filtered in a filter step (640) to remove silica and/or undigested silicon-based material. See [0066].
The acidic solution is made a basic solution by contact with the proton-removing agent, which proton-removing agent may be a hydroxide such as NaOH, KOH, Ca(OH)2, and Mg(OH)2. In some embodiments, the hydroxide is NaOH. In some embodiments, digesting the material comprising the metal silicate comprises digestion with a proton-removing agent to produce a basic solution comprising the divalent cations and the material comprising SiO2. In some embodiments, digestion provides divalent cations comprising alkaline earth metal cations. In some embodiments, the alkaline earth metal cations comprise Ca2+, Mg2+, or a combination thereof. The method may further comprise isolating the precipitation material. In some embodiments, the precipitation material is isolated from the basic solution with a liquid-solid separation apparatus, which apparatus operates in a continuous, semi-batch, or batch process. See [0006].
Pozzolanic material of the invention is employed as a component of a hydraulic cement (e.g., ordinary Portland cement), which sets and hardens after combining with water. Such hydraulic cements, methods for their manufacture and use are described in co-pending U.S. patent application Ser. No. 12/126,776, filed on 23 May 2008, the disclosure of which application is incorporated herein by reference. See [0126].
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Regarding claims 164-165, US'794 discloses that screened material comprising metal silicates falling within the particular size distribution range may be directly used (i.e., advanced to digestion of the silicate material) or, optionally, passed on to further processing in an iterative process. In some embodiments, the particle size of the material comprising metal silicates may be reduced to an average diameter of less than 10,000, less than 1000, less than 750, less than 500, less than 400, less than 300, less than 200, less than 100, less than 75, less than 50, less than 25, or less than 10 microns. See [0067].
Regarding claim 166, US'794 discloses that after digestion of the material comprising metal silicates, the resultant digestion mixture may be optionally filtered in a filter step (640) to remove silica and/or undigested silicon-based material. See [0066].
Regarding claim 167, US’794 discloses material comprising metal silicates (e.g., rock comprising metal silicate minerals) having a wide range of initial particle sizes is comminuted. See [0067].
Regarding claim 168, US'794 discloses that montmorillonite can be used. See [0062].
Regarding claim 169, US'794 discloses that the acid may be HCl. See [0006].
Regarding claim 170, US'794 discloses that the aqueous solution of divalent cations is either basic or not sufficiently acidic as received. In such embodiments, the divalent cation-containing aqueous solution, or any solvent or solution for digestion of material comprising metal silicates, may be acidified. Acidification may be achieved by contact with gas, liquid (including aqueous solutions), or solid forms of either weak or strong acids, including, but not limited to, HF, HCl, and H2SO4. See [0073]. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Regarding claims 171-172, US'794 discloses that minerals comprising magnesium and/or calcium may also provide silicates (e.g., metal silicates, which contain at least one metal along with silicon such as such as calcium silicates, magnesium silicates, aluminosilicates, iron-bearing silicates, and mixtures thereof) that, upon processing, provide silica to compositions of the invention, which compositions exhibit pozzolanic properties. See [0061]. The aqueous solution of divalent cations is either basic or not sufficiently acidic as received. In such embodiments, the divalent cation-containing aqueous solution, or any solvent or solution for digestion of material comprising metal silicates, may be acidified. Acidification may be achieved by contact with gas, liquid (including aqueous solutions), or solid forms of either weak or strong acids, including, but not limited to, HF, HCl, and H2SO4. See [0073]. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Regarding claims 173-174, US'794 discloses that a single reaction product (e.g., precipitation material comprising carbonates, sulfates, etc.) is collected. See [0040]. Pozzolanic material is employed as a component of a hydraulic cement (e.g., ordinary Portland cement). Drying precipitation material or forming precipitation material into pozzolanic material. See [0077], [0126] and table 1. The precipitate was heated treated. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 175, US'794 discloses that one of separated material comprising SiO2 or isolated precipitation material may also be dried prior to combining to form a pozzolanic material. See [0007]. Material comprising metal silicates (e.g., magnesium silicates such as olivine) and/or other rocks and minerals comprising metal species of interest may also be digested in an acidic aqueous solution (e.g., HCl (aq), H2SO4 (aq), each of which is optionally from an electrochemical process) to produce, for example, a slurry comprising divalent cations (e.g., Mg2+, Ca2+) and silicon-based material (e.g., silica, unreacted or undigested silicate, etc.).See [0073].
Regarding claims 176-177, US'794 discloses that the precipitation is adapted to produce precipitation material comprising one or more hydroxide phases (e.g., Ca(OH)2, Mg(OH)2). The precipitation material may comprise a pozzolanic material in some embodiments; however, in some embodiments, the method further comprises producing a pozzolanic material from the precipitation material. And, in some embodiments, the method further comprises blending the pozzolanic material with cement. Drying precipitation material or forming precipitation material into pozzolanic material. See [0006], [0077] and [0089].
Response to Arguments
Applicant's arguments filed 10/30/2025 have been fully considered but they are not persuasive.
The applicant argues that US'794 does not teach or suggest the production of Portland cement.
The Examiner respectfully submits that US’794 discloses that pozzolanic material is employed as a component of a hydraulic cement (e.g., ordinary Portland cement), which sets and hardens after combining with water. Such hydraulic cements, methods for their manufacture and use are described in co-pending U.S. patent application Ser. No. 12/126,776, filed on 23 May 2008, the disclosure of which application is incorporated herein by reference. See [0126].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SHUANGYI ABU ALI/ Primary Examiner, Art Unit 1731