Prosecution Insights
Last updated: October 01, 2026
Application No. 18/837,004

METHOD FOR IMPROVING THE STRENGTH OF CONCRETE MATERIAL

Non-Final OA §103§112
Filed
Aug 08, 2024
Priority
Feb 10, 2022 — GB 2201756.0 +1 more
Examiner
COHEN, STEFANIE J
Art Unit
Tech Center
Assignee
Concrete4Change Ltd.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
740 granted / 981 resolved
+15.4% vs TC avg
Minimal +2% lift
Without
With
+2.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
42 currently pending
Career history
999
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
59.6%
+19.6% vs TC avg
§102
10.9%
-29.1% vs TC avg
§112
20.0%
-20.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 981 resolved cases

Office Action

§103 §112
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 . Note Examiner suggests the following amendments: Amend “or polymeric surface functionalization compound” to “and or polymeric surface functionalization compound” in claim 1. Amend “A method” to “The method” in claims 29-47”. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 32 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 32 recites the broad recitation “a predetermined time period”, and the claim also recites “preferably, wherein the predetermined amount of carbon dioxide is a percentage by weight of carbon dioxide relative to a weight of cement in the concrete-carrier mix, and more preferably wherein the predetermined amount of carbon dioxide is at least 1% carbon dioxide relative to a weight of binder in the concrete-carrier mix within 24 to 1344 hours” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. 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 28, 32, 41-47 are rejected under 35 U.S.C. 103 as being unpatentable over Hammad et al (US20210284585) in view of Atakan et al (US20170320781). Hammad, paragraph 22 of the PGPUB, teaches a method of diffusing CO2 within the concrete mixture using the concrete preparation system 100 first includes mixing the non-recycled aggregate material with CO2 gas in the pretreatment chamber 110 to form a CO2 adsorbed aggregate material. In particular, mixing the non-recycled aggregate material with the CO2 gas in the pretreatment chamber 110 includes directing the non-recycled aggregate material into the pretreatment chamber 110 and directing the CO2 gas from the CO2 source 120 into the pretreatment chamber 110. The non-recycled aggregate material may be directed into the pretreatment chamber 110 in batches, such that the CO2 gas may be evenly distributed throughout a controlled amount of non-recycled aggregate material to control the amount of CO2 adsorbed in the CO2 adsorbed aggregate material and increase the uniformity of CO2 distribution within the CO2 adsorbed aggregate material. Hammad, paragraph 24 of the PGPUB, teaches the method comprises transferring the CO2 adsorbed aggregate material from the pretreatment chamber 110 into the cement mixing chamber 140 and mixing the CO2 adsorbed aggregate material with cement and water, for example, by directing cement from the cement source 150 into the cement mixing chamber 140 and directing water from the water source 160 into the cement mixing chamber 145. Mixing the CO2 adsorbed aggregate material with water and cement forms a concrete mixture, which may be a concrete paste, and generates heat. Hammad, paragraph 25 of the PGPUB, teaches the heat and the agitation that occur when mixing in the cement mixing chamber 140 releases CO2 from the CO2 adsorbed aggregate material, which mixes with and carbonates the concrete mixture, forming a carbonated concrete mixture. While not intending to be limited by theory, during the mixing step, the concrete mixture reaches a temperature of from 30° C. to 60° C., such as from 40° C. to 60° C. Because the concrete mixture is carbonated by releasing CO2 from the CO2 adsorbed aggregate material, the CO2 diffuses through the carbonated concrete mixture uniformly. Hammad, paragraph 28 of the PGPUB, teaches the non-recycled aggregate material comprises a pozzolan material, which is an aggregate material that is capable of adsorbing and releasing CO2. Hammad, paragraph 28 of the PGPUB, teaches the pozzolan material of the non-recycled aggregate material may be an artificial pozzolan material such as fly ash. Although Hammad teaches fly ash, the reference does not teach modified fly ash. Qu teaches CO2 capture and conversion by an organosilane-modified cememtitous matieral. Qu, abstract, teaches alkali-activated fly ash (AFA) could be modified by 3-[2-(2-aminoethylamino) ethylamino]propyl-trimethoxysilane (TRI). The TRI-modified AFA (TRI-AFA) showed strong sorption for CO2, which was confirmed by GC, and it could incorporate into cement to make a new kind of cementitious material. This kind of cementitious material also showed strong sorption for CO2. Upon immersion of the sample in water, the absorbed CO2 could be converted into CO32− due to the alkali environment in the pore solution of the cement, and the sample was then recovered. The recovered sample maintained 85% capacity for CO2 sorption after 10 cycles. Thus, the sample could reversibly absorb and desorb CO2, and could potentially help in reducing greenhouse gases. Qu, 3.3, teaches it was found from the CO2 sorption tests that FA had almost no absorption capacity and AFA had very little, whereas TRI-AFA showed strong absorption of CO2 under the same conditions (Fig. 7A). It 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 to modify with 3-[2-(2-aminoethylamino) ethylamino]propyl-trimethoxysilane as taught by Qu the pozzolan material as taught by Hammad to have a cementitious material also showed strong sorption for CO2. Regarding claim 32, the method as taught by the references is the same method as claimed in claim 28 and therefore the method as taught by the references comprises a carried that releases a predetermined amount of CO2 to achieve a desired increase in compressive strength as claimed in claim 32. Regarding claim 41, Hammad, paragraph 40 of the PGPUB, teaches the heat and the agitation that occur when mixing in the cement mixing chamber 140 releases CO2 from the CO2 adsorbed aggregate material, which mixes with and carbonates the concrete mixture, forming a carbonated concrete mixture. Regarding claim 42, it 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 to apply a minimum amount of pressure on the CO2 to ensure the flow of gas goes towards the carrier. Regarding claim 43, Hammad, paragraph 20 of the PGPUB, teaches in operation, once non-recycled aggregate material and CO2 gas are mixed in the pretreatment chamber 110 to form the CO2 adsorbed aggregate material, the CO2 adsorbed aggregate material is transferred from the pretreatment chamber 110 into the cement mixing chamber 140 through the chamber connection pipe. Regarding claim 44, Hammad, paragraph 44 of the PGPUB, teaches the CO2 source 120 may comprise a flue gas source or a CO2 container. Regarding claim 45, Hammad, paragraph 28 of the PGPUB, teaches example natural pozzolan materials include volcanic ash, pumice, pumicite (such as rhyolitic pumicite), pumice, ignimbrite, expanded shale, zeolite, metakaolin, and natural pozzolan from plant ashes that contain silica, including rice husk ash and date palm tree ash. Example artificial pozzolan materials include fly ash, slag, vitrified calcium alumino-silicate (VCAS), and silica fume. Regarding claim 46, the references teach fly ash. Regarding claim 47, it 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 to mix in the appropriate amount of binder in the concrete mixture to obtain maximum strength properties of the final material. Allowable Subject Matter Claims 29-31, 33-40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Although the references teach the method as claimed in claim 28, the references do not teach a method comprising the properties as claimed in claims 29-31 and 33-40. There is no motivation in these references to modify the method to obtain the properties as claimed in claims 29-21 and 33-30. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20170320781 teaches synthetic pozzolans. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEFANIE J COHEN whose telephone number is (571)270-5836. The examiner can normally be reached 10am- 6pm M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Coris Fung can be reached at (571) 270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /STEFANIE J COHEN/Examiner, Art Unit 1732 8/27/26
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Prosecution Timeline

Aug 08, 2024
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
78%
With Interview (+2.5%)
2y 9m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 981 resolved cases by this examiner. Grant probability derived from career allowance rate.

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