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 .
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.
Claims 1, 5 and 8-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haas et al. (US 20040048756) or Freeman et al. (US 20200317952).
Haas teaches a composition for increasing a speed of asphalt removal (see Examples 18-38 at 0029), which included 5% petroleum distillate, 0.4% Nonylphenol-6, 0.4% Nonylphenol-4 (meeting the limitations of claim 15), 0.7% fumed silica (meeting the limitations of claims 11-13), 1% TEA neutralizer and 0.7% Carbomer (see Example 33 at Table 2 , see 0033).
Nonoxynol-n is represented by nonylphenol having n-molar ethoxylation (surfactant), meeting the limitations of claims 8 and 10).
Haas discloses that the resulting composition is applied over a 10 mill thick coating of asphalt on a polyethylene board (see Example 1 at 0026, meeting the limitations of claim 2).
In reference to claim 5, Haas discloses pH of 9.5 (see claim 14).
Regarding claim 9, Haas teaches such polymeric surfactant as polyalkylene glycol (see 0012).
In reference to claims 14 and 16-18, Haas discloses that polymeric water-soluble thickener is present at amount from 0.1 to 5 total weight percent, which can be represented by polyethylene glycol (see claims 16 and 34).
Freeman teaches an anti - tack formulation for rubber surface comprising 0.6% silica, non-ionic, ionic surfactant, water soluble polymer and water (see Table 1, Example 1 at 0106), where pH can be within the range of 9.4-9.8 (see Table III at page 15).
Claims 1-3 and 8-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kriech et al (US 20180371700).
Kriech discloses a non-tracking tack coat layer or stress absorbing membrane layer covering the entire width of a pavement surface, said tack coat layer or stress absorbing membrane comprising:
an asphalt binder(i.e. longitudal joint sealant);
an elastomeric polymer, a wax modifier; and
a filler selected from fumed silica and fumed alumina (see claim 1).
In particular, Kriech teaches a composition comprising 91.7% wt. Asphalt binder, 3.2% wt. Elastomeric polymer and 3% wt. Fumed Silica. A control test section was included that the emulsion above diluted 60 : 40 with water . The diluted emulsion was sprayed at asphalt surface (see 0048-0049).
Note that the example above does not represent the inventive subject matter, but rather a control test.
Regarding claim 8, Haas teaches saponified fatty acid at 0 to 3 wt. % (see 0044)
Claim Rejections - 35 USC § 102/103
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.
Claims 1-2, 8, 11-13 and 16-18 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 Choi et al (KR 101035616).
Choi teaches a method of a waterproofing method comprising the following steps:
a) mixing a mixture comprising 50 to 60% by weight of polyvinyl acetate (meeting the limitations of claims 16-18), 35 to 48% by weight of water, 0.1 to 3% by weight of fumed silica (meeting the limitations of claims 11-13), and a waterproofing agent;(b) mixing cement and metakaolin with the mixture of step (a); and(c) applying the mixture of step (b) to the target surface (see claim 1), where the surface can be represented by asphalt (meeting the limitations of claim 2).
Regarding claim 8, Choi teaches such additive as a surfactant (see Abstract).
Note that Choi fails to teach a reducing tackiness of a surface.
However, since Choi and Applicant teach a composition comprising the same ingredients, their physical properties are inherently equal.
Alternatively, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to expect a reducing of tackiness when Choi’s and Applicant’s compositions are used, since they formed from the same parts.
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.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Choi or Haas as applied to claim 1-5 and 8-18 above, and further in view of Kadrmas et al (US 20150110556).
Choi and Haas fail to teach pH 10 and 11.
Kadrmas teaches a composition for use in a pavement surface, comprising:
(a) asphalt in an amount of from 40 to 70 parts by weight;
(b) an electrically neutral copolymer in an amount of from greater than 0 to 10 parts by weight;
(c) an emulsifier in an amount from 0.1 to 4 parts by weight;
(d) an acid or a base in an amount of from 0.1 to 4 parts by weight; and
(e) water in an amount of from 25 to 60 parts by weight (see claim 1).
The reference teaches that asphalt compositions such as asphalt emulsions can be used in the production of paved surfaces. One issue in the use of these asphalt compositions is that they can produce “tracking.” For example, a tack or bonding coat also can be applied to a base or substrate layer (see 0001).
Kadrmas discloses that for compositions that include an anionic emulsifier, a base can be included in the composition. For example, sodium hydroxide can be included in the composition. In these embodiments, the composition can have a pH from 10.5 to 13 (see 0050).
Note that Choi teaches that the surfactant may be any of anionic, cationic, nonionic and amphoteric surfactants and Haas discloses that the composition comprises an additional anionic surfactant or a cationic surfactant (see 0022).
Therefore, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to set up pH from 10.5 to 13 in Choi’s and Haas’s compositions when anionic surfactants are used.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY LISTVOYB whose telephone number is (571)272-6105. The examiner can normally be reached 9am-5pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley can be reached at (571) 270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GL
/GREGORY LISTVOYB/Primary Examiner, Art Unit 1765
