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 .
This action is responsive to Applicant’s amendment/remarks filed 07/23/2026.
Claims 1-13, 16-18, 20, and 21 are currently pending, of which claims 11-13 and 17 are withdrawn.
Response to Amendment
The objection of claim 8 is withdrawn in view of the above amendment. While Applicant addressed one of the objected-to issues in claim 7, claim 7 remains objected to for another reason of record. Also, claim 9 is objected to for an issue raised by the present amendment. See below.
The rejection of claims 4, 6, 9, 18, and 20 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is withdrawn in view of the present amendment and remarks.
The 102/103 rejection over Kakiuchi et al. (US 5,785,885 A) is withdrawn in view of the above amendment. Kakiuchi et al. teach a heat storage material comprising at least one sugar alcohol and a salt (abstract). The composition may further contain a thickener such as a water-insoluble super-absorbent polymer, carboxymethyl cellulose, sodium alginate, potassium alginate, or fumed silica (col. 2 line 67 to col. 3 line 4). The carboxymethyl cellulose, sodium alginate, potassium alginate species (three of the five disclosed thickeners) are polysaccharides. While Kakiuchi et al. meet a composition comprising a phase change material complexed (i.e., mixed) with a polysaccharide, the reference fails to teach or suggest the concentrations of said components and thus fails to sufficiently meet or render obvious the newly claimed 5-50 wt.% polysaccharide and 30+ wt.% phase change material compositions as claimed. See also Applicant’s persuasive arguments regarding Kakiuchi et al. on p.9 of the response filed 07/23/2026.
The 102/103 and 103 rejection(s) over Suzuki et al. (JP H11-293236 A) is/are withdrawn in view of the present amendment and remarks. Suzuki et al. teach a cold storage material comprising water, starch, a polyhydric alcohol, and an electrolyte (abstract). Starch is a polysaccharide. The polyhydric alcohol comprises glycerin, diglycerin, polyglycerin, sorbitol, propylene glycol, ethylene glycol, diethylene glycol, or polyethylene glycol (p.2). The glycerin, sorbitol, and ethylene glycol (three of the eight disclosed polyhydric alcohols) are phase change material sugar alcohols. Regarding concentrations, Suzuki et al. teach the composition comprises 10 to 40 parts by weight of starch and 5 to 20 parts by weight of polyhydric alcohol per 100 parts by weight of water which, as calculated and shown by Applicant on p.9 of the response filed 07/23/2026, amounts to a maximum approximate concentration of 15 wt.% polyhydric alcohol, which falls short of the claimed 30+ wt.% phase change material.
The 103 rejection(s) over Muffett et al. (US 5,976,400 A) is/are withdrawn in view of the present amendment and remarks. Muffett et al. teach a phase change material comprising an organic alcohol, a salt, and water (abstract). The organic alcohol comprises ethanol, glycerol, isopropyl alcohol, lactitol, maltitol, mannitol, propylene glycol, or sorbitol (col. 2 lines 61-64). Glycerol, lactitol, maltitol, mannitol, and sorbitol are phase change material sugar alcohols but the remaining species are not. Muffett et al. further teach the phase change material composition may further include a thickener such as guar gum, i.e., a polysaccharide, to provide the composition with an increased viscosity (col. 3 lines 10-12). However, Muffet et al. teach the thickener is added in a concentration of up to 2 percent (col. 3 lines 10-13), which falls short of the claimed 5-50 wt.% polysaccharide concentration as claimed. See also Applicant’s persuasive arguments regarding Muffet et al. on p.10 of the response filed 07/23/2026.
However, after further search and consideration of the claimed invention as amended, the current rejection also utilizes a new reference, Sun et al. (CN 106675525 A), under a new ground(s) of rejection which renders obvious all but one of the instant claims of the elected invention and species. See the new 103 rejection(s), below.
Election/Restrictions
Newly added claim 21 directed to limiting the polysaccharide to 10-40 wt.% of the phase-change complex and generic to the phase change material species is allowable over the elected sugar alcohol species of phase change material.
In addition to the reasons of the prior Kakiuchi et al. (US 5,785,885 A), Suzuki et al. (JP H11-293236 A), and Muffett et al. (US 5,976,400 A) references set forth above (Id.), the Office notes the Sun et al. (CN 106675525 A) reference (see the new 103 rejection below) limits the polysaccharide thickening agent to up to 5 wt.% of the composition (e.g., abstract), which falls below and thus fails to teach or suggest the 10-40 wt.% polysaccharide range as newly claimed.
The Examiner then chose a second phase change material species, polyethylene glycol, to rejoin and continue prosecution. Claims 1-10, 16, 18, 20, and 21 read on the second species. This species is not allowable. Claims 1-10, 16, 18, 20, and 21 were searched and examined only to the extent that they read on the elected invention/species, as they were found not to be allowable. See the new rejections over the polyethylene glycol phase change material species, below.
Claim Objections
Claims 7 and 9 are objected to because of the following informalities:
In claim 7, while the species is withdrawn, Applicant is suggested to amend “sodium carbonate, decahydrate,” to read as “sodium carbonate decahydrate,” removing the comma in order to improve clarity in the claim.
In claim 9, Applicant is suggested to amend "the phase-change complex comprising 1 to 20 % …" to "the phase-change complex further comprising 1 to 20 % …" in order to improve clarity in the claim.
Appropriate correction is required.
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.
Note the claim interpretation of record (see the Claim Interpretation section on p. 3 of the previous Office action), which remains applicable and in effect.
Claims 1-7, 9, 10, 16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (CN 106675525 A). Citations to the reference are with respect to the supplied English language machine translation of the reference unless otherwise specified.
As to claims 1 and 3, Sun et al. teach a phase change cold accumulating material comprising 0-60 wt.% inorganic salt, 5-60 wt.% organic phase change material, and 1-5 wt.% thickening agent (abstract). The organic phase change material comprises, among others, erythritol, mannitol, sorbitol, and xylitol (p.2), which are sugar alcohols. The thickening agent may comprise carboxymethyl cellulose (p.3), which is a polysaccharide.
While the cited teachings of the reference are not anticipatory of the claimed limitations (the presence of both a sugar alcohol phase change material and polysaccharide at once is not anticipated and requires selection from short lists of alternative species, the cited concentrations overlap rather than fall within those claimed, etc.), the claimed limitations are nevertheless obvious over the cited teachings. At the time of the effective filing date it would have been very obvious to a person of ordinary skill in the art to arrive at a composition comprising a phase change material complexed, i.e., mixed, with a polysaccharide from the cited teachings of Sun et al. because Sun et al. directly invites inclusion of a polysaccharide in an amount overlapping that claimed (1-5 wt.% overlaps/touches 5-50 wt.%) with a phase change material that may comprise a sugar alcohol in an amount overlapping that claimed (0-60 wt.% overlaps at least 30 wt.%) in order to obtain a phase change material composition with a reasonable expectation of success.
As to claim 2, Sun et al.’s polysaccharide thickener (carboxymethyl cellulose, Id.) reads on, at least, the polysaccharide being selected from storage and/or structural polysaccharides derived from plants.
As to claim 4, Sun et al. teach the composition further comprises an inorganic salt (Id.) which may be, among others, calcium chloride or magnesium chloride (p.2), which are divalent cation salts as claimed.
As to claim 5, Sun et al. teach the composition is capable of storing heat and has a latent heat of phase change (see abstract, p.2, & p.3), which reads on the claimed capability of discharging heat upon crystallization of the composition. Sun et al. further teach the composition has a homogenous and uniform structure (the invention has a uniformly mixed configuration, p.2).
As to claim 6, Sun et al.’s composition meets the claimed broad limitations that the composition has a constant melting temperature and is configured to be in the form of a thermally and structurally resilient physical soft matter during melting having a uniform structure without leakage of the phase change material (the composition’s components are uniformly mixed and dispersed, Id., the organic phase change material has a latent heat of phase change, Id., the composition may further comprise a nucleating agent, abstract/etc., that would certainly aid in the composition having a constant melting temperature rather than exhibit supercooling tendencies, and the composition may also be in the form of a capsule which reads on containing the composition without leakage, claim 9). Alternatively, given the reference discloses a phase change composition with a polysaccharide thickener and sugar alcohol phase change material, i.e., same components in concentrations overlapping those claimed (Id.), the features that the composition is configured as a thermally and structurally resilient soft matter during melting would flow naturally from the cited teachings of the reference under an obviousness rationale.
As to claim 7, Sun et al. teach the phase change material comprises erythritol, mannitol, sorbitol, and/or xylitol (Id.).
As to claim 9, Sun et al. teach the composition further comprises an inorganic salt in a concentration of 0-60 wt.% (Id.) which reads on and overlaps the composition further comprising 1-20 wt.% of an ionic agent. Alternatively, see also nucleating agent which may be borax present in a concentration of 1-5 wt.% (abstract & p.3), which also reads on and overlaps, if not falls within, the composition further comprising 1-20 wt.% of an ionic agent.
As to claim 10, it is noted the application’s specification indicates the ionic cross-linking is imparted by the mere provision of di/multivalent cations including alkaline earth or transition metals, and/or salts of an acid. Sun et al.’s inorganic salt component reads on the limitation that the composition is ionically cross-linked because the disclosed salt are substantially the same as those disclosed. The inorganic salt may be, among others, calcium chloride or magnesium chloride (p.2), which are divalent cation salts.
As to claim 20, Sun et al. teach the composition further comprises an inorganic salt comprising potassium chloride, sodium chloride, ammonium chloride, sodium nitrate, calcium, chloride, potassium bicarbonate, sodium bicarbonate, or magnesium chloride (p.2), which reads on the presence of an ionic agent selected from the group consisting of alkali metal or alkaline earth metal ions. Alternatively, note the nucleating agent may comprise copper sulfide (p.3), which reads on the presence of an ionic agent selected from the group consisting of transition metal ions.
As to claim 16, Sun et al. teach a phase change cold accumulating material comprising 0-60 wt.% inorganic salt, 5-60 wt.% organic phase change material, and 1-5 wt.% thickening agent (abstract). The recitation of a phase change bio-complex merely amounts to a phase change composition. The organic phase change material comprises, among others, erythritol, mannitol, sorbitol, and xylitol (p.2), which are sugar alcohols. The thickening agent may comprise carboxymethyl cellulose (p.3), which is a polysaccharide.
While the cited teachings of the reference are not anticipatory of the claimed limitations (the presence of both a sugar alcohol phase change material and polysaccharide at once is not anticipated and requires selection from short lists of alternative species, the cited concentrations overlap rather than fall within those claimed, etc.), the claimed limitations are nevertheless obvious over the cited teachings. At the time of the effective filing date it would have been very obvious to a person of ordinary skill in the art to arrive at a composition comprising a phase change material complexed, i.e., mixed, with a polysaccharide from the cited teachings of Sun et al. because Sun et al. directly invites inclusion of a polysaccharide in an amount overlapping that claimed (1-5 wt.% overlaps/touches 5-50 wt.%) with a phase change material that may comprise a sugar alcohol in an amount overlapping that claimed (0-60 wt.% overlaps at least 30 wt.%) in order to obtain a phase change material composition with a reasonable expectation of success.
Any remaining limitations in the claim are optional. However, Sun et al.’s inorganic salt component reads on the claimed optional ionic cross linker derived from di/multivalent cations and/or salts of an acid. The inorganic salt may comprise potassium chloride, sodium chloride, ammonium chloride, sodium nitrate, calcium, chloride, potassium bicarbonate, sodium bicarbonate, or magnesium chloride (p.2), which all include or are derived from divalent cations, multivalent cations, and/or salts of an acid.
As to claim 18, Sun et al. teaching the composition is a phase change composition capable of freezing (and thus melting, too) (abstract, etc.), which along with the fact/rationale that the composition may contain a polysaccharide thickener (Id.), reads on the claimed forms of a gel depending on the temperature the composition is present at.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (CN 106675525 A) as applied to claims 1-7, 9, 10, 16, 18, and 20 above, and further in view of Sawafta et al. (US 9,914,865 B2).
The disclosure of Sun et al. is relied upon as set forth above.
Sun et al. teach a phase change material comprising carboxymethyl cellulose as polysaccharide thickener therein (Id.) but fail to teach or suggest the presence of the polysaccharide species recited in claim 8.
However, Sawafta et al. similarly teach a phase change material composition comprising a phase change material with a hydrophobic sorption material comprising a biopolymer/polymeric material comprising a cellulose, cellulosic material, or a cellulose derivative (abstract and col. 8 line 1+). Sawafta et al. disclose chitosan as an alternative biopolymer/polymeric material to carboxymethyl cellulose (col. 8 lines 1-23). See also col. 2 & col. 18 that the goal is to form a gel of the phase change material with the hydrophobic sorption material, i.e., polymer, evidencing a thickening effect.
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to substitute and/or provide chitsosan in place of some or all of the carboxymethyl cellulose polysaccharide thickener in Sun et al. because Sawafta et al. teach and recognize carboxymethyl cellulose and chitosan as alternative biopolymers/polymeric materials suitable for thickening and/or binding a phase change material with a reasonable expectation of success.
Claims 4, 6, 8, 10, 18, 20 are alternatively rejected and claim 8 is further rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (CN 106675525 A) as applied to claims 1-7, 9, 10, 16, 18, and 20 above, and further in view of Tang et al. (CN 108102614 A).
The disclosure of Sun et al. is relied upon as set forth above.
Alternatively regarding the claimed limitations of claim 10 that the composition is ionically cross linked, Sun et al. fail to teach that the polysaccharide component, carboxymethyl cellulose, in their phase change material composition is ionically crosslinked.
However, Tang et al. is similarly drawn to composite phase change materials comprising an organic solid-liquid phase change material and a polymer where the polymer is coordination crosslinked to form a network (abstract). The coordination crosslinked networked polymer is formed by complexing a high molecular compound, i.e., polymer, with a metal ion (p.2). The polymer may comprise carboxy methyl cellulose (p.2) and the metal ion utilized to crosslink the polymer is calcium, magnesium iron, zinc, etc. (p.3). Utilizing the coordination crosslinked networked polymer obtains a phase change material with a large phase change enthalpy value, has good shaping effect, during operation there is no liquid leakage phenomenon (p.3). Crosslinking via a metal ion is ionically crosslinking.
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide an ionic crosslinking modification as taught by Tang et al. to the carboxymethyl cellulose polysaccharide thickener of Sun et al. in order to obtain a phase change material with a large phase change enthalpy value, good shaping effect, and no liquid leakage during operation with a reasonable expectation of success.
This alternative rationale to claim 10 also alternatively reads on the limitations of claims 4, 6, 18, and 20.
Further regarding claim 8, Tang et al. further teach starch and alginic acid as alternative polymers to carboxymethyl cellulose (all crosslinked via the same complexing described above) (bridging p.2-3).
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to substitute and/or provide crosslinked starch or alginic acid in place of some or all of the carboxymethyl cellulose polysaccharide thickener in Sun et al. because Tang et al. teach and recognize carboxymethyl cellulose, starch, and alginic acid as alternative polymeric materials suitable for thickening, binding, and/or shaping a phase change material with a reasonable expectation of success.
Claims 1-10, 16, 18, 20, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al. (CN 108102614 A). Citations to the reference are with respect to the supplied English language machine translation of the reference unless otherwise specified.
As to claims 1 and 3, Tang et al. teach an organic composite shaped phase change material comprising 1-50 wt.% of a coordination crosslinked network polymer and 50-99 wt.% of an organic solid-liquid phase change material (abstract & p.2). The phase change material may comprise polyethylene glycol (p.3). The coordination crosslinked network polymer may comprise, among others, carboxymethyl cellulose, alginic acid, or starch (p.2-3), which are polysaccharides.
While the cited teachings of the reference are not anticipatory of the claimed limitations (the presence of both a polyethylene glycol phase change material and polysaccharide at once is not anticipated and requires selection from short lists of alternative species, the cited concentrations overlap rather than fall within those claimed, etc.), the claimed limitations are nevertheless obvious over the cited teachings. At the time of the effective filing date it would have been very obvious to a person of ordinary skill in the art to arrive at a composition comprising a phase change material complexed, i.e., mixed, with a polysaccharide from the cited teachings of Tang et al. because Tang et al. directly invites inclusion of a crosslinked polysaccharide in an amount overlapping that claimed (1-50 wt.% significantly overlaps 5-50 wt.%) with a phase change material that may comprise polyethylene glycol in an amount within that claimed (50-99 wt.% is within at least 30 wt.%) in order to obtain a phase change material composition with a reasonable expectation of success.
As to claim 2, Tang et al.’s polysaccharide thickener (carboxymethyl cellulose or alginic acid, Id.) reads on, at least, the polysaccharide being selected from storage and/or structural polysaccharides derived from plants.
As to claim 4, Tang et al. further teach inclusion of an ionic agent/salt via their coordination crosslinked network polymer being formed by crosslinking a high molecular weight compound (i.e., polymer) with a metal ion supplied by a metal ion compound (see p.2-3). The metal ion compound includes an ion of any of calcium, magnesium, divalent iron, trivalent iron, zinc, aluminium, copper, barium, and trivalent chromium and an anion of chloride, hydrosulfate, or acetate (p.3), which encompass divalent cation salts, multivalent cation salts, and transition metal salts.
As to claim 5, Tang et al. teach the composition is capable of storing heat and comprises a component that exhibits a solid-liquid phase change (see abstract, p.2, & p.3), which reads on the claimed capability of discharging heat upon crystallization of the composition. Tang et al. further teach the composition has a homogenous and uniform structure (the composition is made from an even/uniform mixed solution and is capable of being shaped, p.3 & claim 7).
As to claim 6, Tang et al.’s composition meets the claimed broad limitations that the composition has a constant melting temperature and is configured to be in the form of a thermally and structurally resilient physical soft matter during melting having a uniform structure without leakage of the phase change material (the composition’s components are evenly/uniformly mixed, Id., the organic phase change material has a latent heat of phase change via the presence of a solid-liquid phase change material, Id., the composition is a composite capable of being shaped without leakage of the phase change material, abstract/etc.). Alternatively, given the reference discloses a phase change composition with a polysaccharide thickener and polyethylene glycol phase change material, i.e., same components in concentrations overlapping those claimed (Id.), the features that the composition is configured as a thermally and structurally resilient soft matter during melting would flow naturally from the cited teachings of the reference under an obviousness rationale.
As to claim 7, Tang et al. teach the phase change material comprises polyethylene glycol (Id.).
As to claim 8, Tang et al. teach the polysaccharide may comprise starch or alginic acid (Id.).
As to claim 9, Tang et al. further teach inclusion of an ionic agent/salt via their coordination crosslinked network polymer being formed by crosslinking a high molecular weight compound (i.e., polymer) with a metal ion supplied by a metal ion compound (Id.). The metal ion compound is added at a mass ratio to the high molecular weight compound (i.e., the polymer) of 1:100 to 30:100 (p.3); as the final crosslinked polymer is 1-50 wt.% of the composition (Id.), the metal compound, i.e., ionic agent, is present at a concentration of approximately 0.009 wt.% to 11.54 wt.% of the final composition, which overlaps the claimed range of 1-20 wt.%.
As to claim 10, it is noted the application’s specification indicates the ionic cross-linking is imparted by the mere provision of di/multivalent cations including alkaline earth or transition metals, and/or salts of an acid. Tang et al.’s metal ion compound reads on the limitation that the composition is ionically cross-linked because the disclosed salt is substantially the same as those disclosed and crosslinks the polymer (Id.).
As to claim 20, Tang et al. teach the composition further comprises a metal ion compound and metal ions thereof comprising alkaline earth or transition metal ions (Id.) that reads on the claimed ionic agent.
As to claim 21, Tang et al. teach the crosslinked polymer/polysaccharide may comprise 1-50 wt.% of the composition (Id.), which overlaps the claimed concentration 10-40 wt.%.
As to claim 16, Tang et al. teach an organic composite shaped phase change material comprising 1-50 wt.% of a coordination crosslinked network polymer and 50-99 wt.% of an organic solid-liquid phase change material (abstract & p.2). The phase change material may comprise polyethylene glycol (p.3). The coordination crosslinked network polymer may comprise, among others, carboxymethyl cellulose, alginic acid, or starch (p.2-3), which are polysaccharides.
While the cited teachings of the reference are not anticipatory of the claimed limitations (the presence of both a polyethylene glycol phase change material and polysaccharide at once is not anticipated and requires selection from short lists of alternative species, the cited concentrations overlap rather than fall within those claimed, etc.), the claimed limitations are nevertheless obvious over the cited teachings. At the time of the effective filing date it would have been very obvious to a person of ordinary skill in the art to arrive at a composition comprising a phase change material complexed, i.e., mixed, with a polysaccharide from the cited teachings of Tang et al. because Tang et al. directly invites inclusion of a crosslinked polysaccharide in an amount overlapping that claimed (1-50 wt.% significantly overlaps 5-50 wt.%) with a phase change material that may comprise polyethylene glycol in an amount within that claimed (50-99 wt.% is within at least 30 wt.%) in order to obtain a phase change material composition with a reasonable expectation of success.
Any remaining limitations in the claim are optional. However, Tang et al.’s metal ion compound reads on the claimed optional ionic cross linker derived from di/multivalent cations and/or salts of an acid. Tang et al. further teach inclusion of an ionic agent/salt via their coordination crosslinked network polymer being formed by crosslinking a high molecular weight compound (i.e., polymer) with a metal ion supplied by a metal ion compound (see p.2-3). The metal ion compound includes an ion of any of calcium, magnesium, divalent iron, trivalent iron, zinc, aluminium, copper, barium, and trivalent chromium and an anion of chloride, hydrosulfate, or acetate (p.3), which all include, encompass, or are derived from divalent cations, multivalent cations, and/or salts of an acid.
As to claim 18, Tang et al. teach their phase change material is capable of being shaped (abstract/etc.), which reads on the composition being in the form of a gel. Alternatively, Tang et al. is silent to the provision/presence of water in the final composite, which reads on the claimed dehydrated form.
The remaining references listed on Forms 892 and 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon or described above.
Response to Arguments
Applicant’s arguments with respect to the prior 102 and 103 rejections have been considered but are moot because the arguments do not apply to all of the references being used in the current rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R DIAZ whose telephone number is 571-270-0324. The examiner can normally be reached Monday-Friday 9:00a-5:00p EST.
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/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
/M.R.D./
September 10, 2026
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