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, 3 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Polzin et al. (US 2016/0250680).
Claim 1: Polzin teaches a binder for molding a casting mold (Abst.), comprising: a solution of water glass including aluminum silicate as an additive (i.e. claimed aluminum silicate dissolved in water glass) (Abst.; ¶¶ 0026, 0030, 0033), wherein the binder comprises, e.g., 3% by weight aluminum silicate (¶ 0083).
Claim 3: Polzin teaches that the aluminum silicate is synthetic (¶ 0026).
Claim 4: Polzin teaches a composition for molding a casting mold comprising: the binder of claim 1 (as discussed above) and a basic molding material, such as rutile sand (i.e. claimed fireproof inorganic particles) (¶¶ 0037-0038).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Polzin in light of Koch et al. (US 2015/0129155).
Claim 2: Polzin does not expressly teach what the solid content of the water glass is. Koch teaches a binder for molding a casting mold comprising water glass and additives (Abst.) and explains that suitable a solid content for the water glass can range from 36-55 wt% (¶ 0053). The simple substitution of one known element for another to obtain predictable results is prima facie obvious. MPEP § 2143. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP § 2144.05(I). Thus, because Polzin is silent regarding the solid content of the water glass and because Koch teaches that suitable solids contents range from 36-55 wt%, it would have been obvious to one of ordinary skill at the time of filing to have selected 40-55% by mass solid content of the water glass and aluminum silicate combined with the predictable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert A Vetere whose telephone number is (571)270-1864. The examiner can normally be reached M-F 7:30-4:00 EST.
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/ROBERT A VETERE/ Primary Examiner, Art Unit 1712
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