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 § 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) 1-3, 7, 10, and 17 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Weyant et al. (U.S. Patent Appplication Publication 2011/0301287). Regarding Claim 1, Weyant et al., hereafter “Weyant,” show that it is known to carry out a method for preparing a composite construction material (Abstract; 0003), the method comprising combining plastic waste and construction waste thereby forming a waste mixture (0015-0016, 0019, 0039: construction waste is not specifically defined and aggregate rock is interpreted to meet this limitation since it has been crushed but not used), and curing the waste mixture under oxygen-free conditions thereby forming the composite construction material (0036, 0050). It is held as inherent that Weyant’s mixture would be melted or softened because he teaches extrusion of the mixture, and applying pressure and temperature to the mixture in order to cure/shape it (0036, 0050). If it is considered inherent, it would have been obvious to one of ordinary skill in the art that Weyant’s mixture would be melted or softened under the Weyant’s molding/curing conditions because melting/softening the mixture would enable a more efficient shaping process.
Regarding Claim 2, Weyant shows the method of claim 1 above, including one wherein the construction waste comprises aggregate rock (0034, 0039).
Regarding Claim 3, Weyant shows the method of claim 1 above, including one wherein the plastic waste comprises polyethylene terephthalate (0035: polyester).
Regarding Claim 7, Weyant shows the method of claim 1 above, including one wherein the step of combining plastic waste and construction waste comprises combining water thereby forming the waste mixture with a water content of 5-20%, and molding the waste mixture prior to curing the waste mixture (0039, 0050).
Regarding Claims 10 and 17, Weyant shows the method of claim 1 above, including a plastic waste with inherent properties, such as melting point (0026-0027: certain plastics are known to have certain melting points).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weyant, in view of Jara (EP 1803694). Weyant shows the method of claim 1 above, but he does not specifically show the claimed plastic. Jara shows that it is known to carry out a method of preparing a composite product wherein the plastic waste comprises polypropylene (0010). It would have been obvious to one of ordinary skill in the art to use Jara’s polypropylene in Weyant’s process because there is art recognized suitability for using recycled polypropylene as an ingredient in a molded composite product (MPEP 2144.07).
Claim(s) 5-6, 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weyant. Weyant shows the method of claim 1 above, but he does not specifically show the claimed composition or temperature values. However, he discloses that composition and appropriate temperatures are known to be varied (0036, 0041), and it would have been obvious to choose appropriate values of the claimed parameters because where the general conditions of a claim are disclosed by the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation (MPEP 2144.05 (II)(A)).
Claim(s) 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bastian, II et al. (U.S. Patent Application Publication 2018/0282017).
Regarding Claims 11, 13, and 15, Weyant shows the method of claim 1 above, including one wherein the construction waste is aggregate rock (0034, 0039), the plastic waste is polyethylene terephthalate (0035: polyester), but he does not show a particular oxygen-free environment. Bastian, II et al., hereafter “Bastian, II” show that it is known to carry out a method of making a composite article wherein curing occurs in a carbon dioxide vacuum environment (0212). It would have been obvious to one of ordinary skill in the art to use Bastian, II’s carbon dioxide in Weyant’s process in order to accelerate the curing process (Bastian, II). Weyant does not specifically show the claimed temperature values. However, he discloses that appropriate temperatures are known to be varied (0036, 0041), and it would have been obvious to choose appropriate values of the claimed parameters because where the general conditions of a claim are disclosed by the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation (MPEP 2144.05 (II)(A)).
Regarding Claims 12, 14, and 16, Weyant shows the method of claims 11, 13, and 15, respectively, above, including a compressive strength of at least 2.4Mpa (0043).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weyant, in view of Nosker et al. (U.S. Patent Application Publication 2009/0221203). Weyant shows the method of claim 1 above, but he does not show application of a radiative cooling coating. Nosker et al., hereafter “Nosker,” show that it is known to carry out a method of forming an article which includes a radiative cooling coating comprising silicon oxide (0022). It would have been obvious to one of ordinary skill in the art to include application of Nosker’s coating in Weyant’s process in order to protect the article from prolonged or excessive conditions and because there is art recognized suitability for using radiative cooling coatings for such a desired outcome (MPEP 2144.07).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weyant and Nosker, further in view of Van Overmeere et al. (U.S. Patent Application Publication 2018/0244928). Weyant shows the method of claim 18 above, but he does not show a specific radiative cooling coating. Van Overmeere et al., hereafter “Van Overmeere,” show that it is known to carry out a method of forming an article which includes a radiative cooling coating comprising titanium dioxide (0062). It would have been obvious to one of ordinary skill in the art to include application of Van Overmeere’s coating in Weyant’s process in order to protect the article from pollutants and because there is art recognized suitability for using radiative cooling coatings for such a desired outcome (MPEP 2144.07).
Conclusion
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MONICA ANNE HUSON
Primary Examiner
Art Unit 1742
/MONICA A HUSON/Primary Examiner, Art Unit 1742