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 .
Claims 1, 11-13, 23-27 are pending.
Claims 1, 11, 12, 25 are under examination on the merits.
Claims 1, 13, 24 are amended.
Claims 2-5, 9, 10, 14-17, 21, 22 are previously canceled.
Claims 6-8, 18-20 are newly canceled.
Claims 25-27 are newly added.
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/21/26 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The rejection in the previous action of claims 1, 11 and 12 under 35 U.S.C. 103 as being unpatentable over US 20080188582 by Lehmann et al in view of US 3954684 by Farrissey et al is repeated and amended herein to reflect applicant’s amendment.
Lehmann describes a method for producing polyurethane and polyisocyanurate rigid foams.
Regarding claim 1, Lehmann describes a product (abstract) of an active hydrogen-containing compound, a catalyst and a blowing agent (paragraph 8) wherein the catalyst is an isocyanurate (trimer) catalyst including ammonium salt of formic acid (paragraph 41) which the instant specification indicates is a “phase transfer trimer” catalyst (instant specification paragraph 31). The blowing agent is not a chlorofluorocarbon (paragraph 32, 38) and is specifically formic acid (paragraph 32) or C5 hydrocarbon blowing agents (paragraph 34).
Lehmann does not specifically describe the ammonium salt of formic acid that is instantly required.
Farrissey describes a foam process using tertiary amine/quaternary ammonium salt catalyst.
Farrissey describes catalysts to produced polyisocyanurates (abstract). Farrissey is more specific than Lehmann in that he describes specific lower-alkanoic acid quaternary ammonium salts wherein the quaternary substituents are independently selected from the group consisting of lower-alkyl and aralkyl (col 1 ln 60-65). Farrissey specifically describes benzyl alongside lower alkyl groups for the R groups (col 1 ln 60-65, col 2 ln 12-20), which reads on benzyltrimethylammonium formate and benzyltrimethylammonium acetate. Farrissey specifically describes formic or acetic acid as the carboxylic acid component (col 2 ln 9-11).
Farrissey states that his combination of tertiary amine catalyst with lower-alkanoic acid quaternary ammonium salt results in foams with high thermal resistance, low flame spread and low smoke generation (col 5 ln 66-col 6 ln 2). Thus it would be obvious to one of ordinary skill to use the isocyanurate (trimer) catalyst combination described by Farrissey where Lehmann more broadly describes an ammonium salt of carboxylic acid in order to arrive at a foams with high thermal resistance, low flame spread and low smoke generation.
Regarding claim 11, Lehmann describes the presence of catalysts (paragraph 31) including tertiary aliphatic amines (paragraph 40).
Regarding claim 12 and 25, Lehmann describes embodiments with foam stabilizers, fillers, and/or pigments (paragraph 43).
Response to Arguments
Applicant’s argument p.8 penultimate paragraph has been considered but is not persuasive. Applicant argues that one of ordinary skill would not have combined Lehmann and Farissey because Farissey teaches the catalyst with a specific blowing agent combination. Farissey's comparative examples show a delayed tack-free time when only one of the blowing agents- Freon 11-B- is used. This is not found convincing because Farissey is not relied upon to provide the blowing agent, and Farissey does not teach away from applying his catalyst composition to other foams. A reference "teaches away" when it states that something cannot be done. See In re Gurley, 27 F.3d 551, 553, 31 USPQ2d 1130, 1130 (Fed. Cir. 1994). Farrissey is appropriately applied because he describes motivation to use the catalyst composition- it results in foams with high thermal resistance, low flame spread and low smoke generation (col 5 ln 66-col 6 ln 2).
Applicant’s argument p.8 final paragraph has been considered but is not persuasive. Applicant states that Farrissey's most preferred catalysts are not listed in the independent claim. This is not found convincing because Farrissey lists embodiments including benzyl alongside lower alkyl groups for the R groups (col 1 ln 60-65, col 2 ln 12-20), which reads on benzyltrimethylammonium formate and benzyltrimethylammonium acetate. Farrissey specifically describes formic or acetic acid as the carboxylic acid (col 2 ln 9-11). Regarding applicant’s cited portion of Farrissey, examples are illustrative and not intended to be limiting or exclusive. Since Farrissey has proper motivation and embodiments which apply to the instantly claimed catalysts, the rejection is upheld.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA W ROSEBACH whose telephone number is (571)270-7154. The examiner can normally be reached 8am-3:30pm.
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/CHRISTINA H.W. ROSEBACH/Examiner, Art Unit 1766