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 without traverse of Group I, claims 1-11 and 13, in the reply filed on 6 February 2026 is acknowledged.
Applicant cancelled Group II, claims 18-32, 34, 35, 45, and 47, in the reply filed on 6 February 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 3 March 2024 and 6 November 2025 were considered by the examiner.
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, 4-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over CN 111205099 (CN ‘099).
In regards to independent claim 1 and dependent claims 4 and 5, CN ‘099 is directed to near-zero heat loss refractory lining for an intermittently operated high-temperature kiln. (¶1)
The preparation method of high-temperature phase change heat storage refractory material includes an aggregate consisting of aluminum-silicon-nickel ceramic microcapsules (refractory), aluminum-silicon-nickel alloy microcapsules (thermal storage material), alpha aluminum micro powder, silica micro powder (refractory), and calcium aluminate cement (binder). (¶24) This matrix is mixed with polycarboxylic acid to obtain a premixed matrix material. (¶24) The premixed matrix material and the aggregate are mixed and then water is added, stirred evenly, cast into a mold, cured, demolded, and then dried to obtain a high-temperature phase change heat storage refractory material. (¶24)
The near-zero loss refractory lining of the intermittent high-temperature kiln consists of from the inside to the outside along the thickness direction: working lining refractory material, permanent lining refractory material, and thermal insulation lining. (¶33) This results in a composite thermal member having the materials as set forth in the instant claims with an outer protective layers, viz. linings corresponding to the outer protective layer. In particular, the thermal insulation lining can be considered to be the outer protective layer.
The permanent refractory lining material used is a phase change heat storage refractory material composed of high-temperature phase change heat storage refractory material, medium-temperature phase change heat storage refractory material, and low-temperature phase change heat storage refractory material prepared according to the temperature gradient from high temperature to low temperature. (¶55) It forms a relatively stable temperature distribution in the furnace lining, reduces the temperature fluctuation of the working lining refractory material during heating and cooling, and improves the service life. (¶55)
When combined with a nano-insulation board with low thermal conductivity for the insulation layer, the outer shell temperature of the intermittent high-temperature kiln is close to the ambient temperature and the heat loss is close to zero, that is, near-zero heat loss is achieved. (¶55)
As to claim 6-8, During the process of forming the product, the atmosphere inside the furnace is an oxidizing atmosphere. (¶14-16) This forms the insulation lining. Due to the material being oxidized including calcium aluminate cement and aluminum, the resulting lining resulting therefrom would be a glassy outer protective layer including calcium aluminate.
As to claims 9-11, The material can include aluminum-silicon-iron alloy and aluminum-silicon alloy. (¶7) These correspond to the claimed binary and ternary alloys. These would also correspond to the claimed eutectic alloy. This is further demonstrated by alloys falling within the scope of those taught in the respective claims 10 an 11 as well as taught by the instant specification as being appropriate alloy combinations. (¶74 of instant specification)
As to claim 13, the aggregate may include microcapsules and powder wherein the aggregate and matrix are used as the raw material. (¶27)
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over CN 111205099 (CN ‘099).as applied to claim 1 above, and further in view of U.S. Patent Application Publication Number 2005/0008878 (Bryden).
As set forth above, CN ‘099 sets forth a composite thermal member. This reference sets forth utilizing a refractory material, silicon oxide, but does not explicitly set forth utilizing a silicon carbide.
In the same field of endeavor of refractory components, Bryden is directed to a ceramic component including a ceramic body containing silicon carbide and an oxide layer provided on the ceramic body in the presence of alumina and boron. (Abstract) The method calls for providing ceramic parts and at least one refractory component in a furnace, and heat treating the ceramic parts and the at least one refractory component. (¶14) The refractory component is formed of a ceramic body comprising silicon carbide and an oxide layer on the ceramic body, the oxide layer containing borosilicate glass containing alumina. (¶14) The ceramic body may be a nitride-bonded silicon carbide. (¶18)
Silicon-carbide based ceramic materials have been utilized in refractory applications for their various high temperature properties, including corrosion resistance, strength, thermal shock resistance, thermal conductivity, and other properties. (¶6)
It would have been obvious to one of ordinary skill in the art to have utilized silicon carbide for the ceramic/refractory material as taught by Bryden in the place of silicon oxide as taught by CN ‘099. One of ordinary skill in the art would have been motivated by the desire and expectation of substituting one known element for another to obtain predictable results, including utilizing a material that is known for its strength, thermal shock resistance, and corrosion resistance. The silicon carbide has a higher melting point, higher thermal conductivity, and outstanding resistance to high temperatures.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Schleis whose telephone number is (571)270-5636. The examiner can normally be reached 10 AM to 4 PM Monday through Friday.
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Daniel J. Schleis
Primary Examiner
Art Unit 1784
/Daniel J. Schleis/Primary Examiner, Art Unit 1784
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