DETAILED ACTION
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/09/2026 has been entered.
Response to Amendment
In response to the amendment received on 03/09/2026:
claims 1-3 and 6-20 are currently pending
claims 11-20 are withdrawn from consideration
claims 1 and 3 are amended
new prior art grounds of rejection applying Greenwald, Yang, Zhang and Greenwald’847 are presented herein
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 7 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 7 recites the broad recitation “non-paraffin organics”, and the claim also recites “(ethylene glycol, formic acid)” which is the narrower statement of the range/limitation,
claim 7 recites the broad recitation “salt hydrates”, and the claim also recites “(sodium sulfate decahydrate, Dowtherm)” 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 7 contains the trademark/trade name “Dowtherm”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe salt hydrates and, accordingly, the identification/description is indefinite.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35 U.S. Code not included in this action can be found in a prior Office Action.
Claims 1 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Greenwald et al. (US 4597884 A), hereinafter referred to as GREENWALD, in view of YANG et al. (CN 107365569 A) with reference to the provided machine translation, hereinafter referred to as YANG, and Zhang et al. (Granular phase changing composites for thermal energy storage, Solar Energy, 2005, 78, pages 471-480), hereinafter referred to as ZHANG.
Regarding claim 1, GREENWALD teaches a packaged phase change material for deicing comprising:
a package defining an internal volume (Col. 4, lines 13-15: it is preferred that the coated urea be stored in a moisture-proof bag or container); and
a deicing composition (Col. 4, line 5: the snow and ice melt product), wherein the deicing composition comprises:
a phase change material (Col. 4, line7: ethylene glycol), and
a deicing material (Col. 4, lines 6-7: prilled urea substrate);
wherein the phase change material is coated onto the deicing material (Col. 4, lines 8-12: the urea and just enough glycol to coat the urea; the objective was to obtain the glycol coated urea).
But GREENWALD fails to explicitly teach wherein the deicing composition comprises a lightweight aggregate comprising a pore volume fraction, wherein at least 96% of the pore volume fraction comprises a pore radius of at least 17.3 nm, and wherein the lightweight aggregate is impregnated with the phase change material.
However, YANG discloses a method for preparing a clay-based composite phase change
energy storage deicing (snow melting) material (see YANG at paragraph [2]). YANG also discloses that the preparation process of clay-based composite phase-change materials utilized raw materials available from a wide range of sources, simple preparation process and easy to realize industrial production with significant energy saving performance (see YANG at paragraph [5]). YANG teaches a clay-based composite phase change energy storage deicing
(snow melting) material, which comprises a porous clay material and a low temperature
organic phase change material; the porous clay material includes kaolinite, montmorillonite,
bentonite, vermiculite, halloysite, sepiolite, attapulgite, perlite, diatomaceous earth, rectorite,
zeolite, silica, stone, calcite, illite, or a mixture of two or more; and low temperature organic phase change materials include: polyethylene glycol-300, polyethylene glycol-400, polyethylene
glycol-500, polyethylene glycol-600, decanol, undecanol, dodecanol, pelargonic acid, capric
acid, methyl laurate, methyl myristate, methyl palmitate, tetradecane, pentadecane,
hexadecane, heptadecane, octadecane, and nonadecane, or mixture of two or more (see YANG at paragraph [8]). YANG also teaches increasing the pore size and pore volume of clay minerals, and adding low-temperature organic phase change material under vacuum conditions (see YANG at paragraphs [10] and [12]).
Furthermore, ZHANG discloses granular phase changing composites for thermal energy storage were made of granular porous materials and organic phase changing materials by means of vacuum impregnation method (see ZHANG at Abstract). ZHANG also discloses that organic phase changing materials (including fatty acids and their derivatives, and paraffin) and inorganic porous materials (including expanded clay, expanded fly ash and expanded perlite) are suitable
raw materials for the phase changing composites with respect to chemical compatibility, large thermal energy storage density, and feasibility of large-scale processing (see ZHANG at Abstract). Additionally, ZHANG discloses vacuum impregnation method for incorporating PCM into granular porous materials, and that experimental results show that large quantity of PCM can be incorporated into porous space with pore diameter from less than one micrometer to several hundred micrometers by this method, which renders the granular composite large thermal energy storage capacity (see ZHANG at 1. Introduction, right column, second paragraph, p. 472, and Fig. 3). YANG discloses perlite among suitable porous material and increasing the pore size and pore volume of clay minerals (see YANG at paragraph [10]). Thus, based on the disclosure of ZHANG (see ZHANG at Fig. 3), one would have recognized that pores ranging in size about 0.1 to over 100 µm contributes to the total porosity of the expended perlite.
Both GREENWALD and YANG disclose deicing compositions. According to MPEP § 2144.06(I), "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the composition of GREENWALD by including the granular phase changing composites made of granular porous materials and organic phase changing materials, as disclosed by YANG based on teachings of YANG describing that the preparation technology is simple, easily realizes industrialized production, has significant energy-saving efficiency, while meeting good deicing snow melt effect (see YANG at paragraph [5]). Furthermore, one of ordinary skill in the art would have a reasonable expectation of success when utilizing expended clay, e.g., perlite disclosed by YANG, having pore size within the claimed range to reap the benefits of the pore size disclosed by ZHANG such as incorporating large quantity of PCM into porous space with pore diameter from less than one micrometer to several hundred micrometers.
Regarding claim 6, GREENWALD as modified by YANG and ZHANG teaches the packaged phase change material according to claim 1, wherein the package is selected from the group consisting of bags (see GREENWALD at Col. 4, lines 13-15: it is preferred that the coated urea be stored in a moisture-proof bag or container), totes, railcars, supersacks, and combinations thereof.
Regarding claim 7, GREENWALD as modified by YANG and ZHANG teaches the packaged phase change material according to claim 1, wherein the phase change material is selected from the group consisting of paraffins, non-paraffin organics (ethylene glycol, formic acid) (see GREENWALD at Col. 4, line7: ethylene glycol), salt hydrates, metallics, fused salt eutectics, solid-solid, n-tetradecane, n-hexadecane, n-octadecane, n-pentadecane, n-Eicosane, polyethylene glycol 600, acetic acid, tristearin, myristic acid, stearic acid, elaidic acid, acetamide, methyl fumarate, oxazoline wax – TS-970, oxazoline wax – ES-254, sodium hydrogen phosphate dodecahydrate, lithium nitrate trihydrate, barium hydroxide octahydrate, and combinations thereof.
Regarding claim 8, as modified by YANG and ZHANG teaches the packaged phase change material according to claim 1, wherein the anti-caking agent is selected from the group consisting of sodium aluminosilicate, sodium ferrocyanide, potassium ferrocyanide, calcium carbonate, magnesium carbonate, silicon dioxide (SiO2), stearates of calcium and magnesium, silica, talc, flour, starch, tricalcium phosphate, powdered cellulose, sodium bicarbonate, calcium ferrocyanide, calcium phosphate, sodium silicate, calcium silicate, magnesium trisilicate, potassium aluminum silicate, calcium aluminosilicate, bentonite (see rejection of claim 1 above and YANG at paragraph [8]: the porous clay mineral includes kaolinite, montmorillonite, bentonite, … a mixture of two or more), aluminum silicate, stearic acid, polydimethylsiloxane, and combinations thereof.
Regarding claim 9, GREENWALD as modified by YANG and ZHANG teaches the packaged phase change material for deicing according to claim 8 further comprising a salt melt trigger, wherein the salt melt trigger is selected from the group consisting of inorganic salts, carbonates, chlorides, potassium carbonate, lithium chloride, magnesium chloride hexahydrate, an organic compound containing an ether group or a hydroxyl group, compounds with groups selected from the group consisting of saccharides, alcohols, glycols and glucosides, and mixtures of the foregoing (see GREENWALD at Col. 2, lines 41-43: other ice melting materials such as calcium chloride, sodium chloride (rock salt), and CMA (calcium - magnesium - acetate) can be used).
Regarding claim 10, GREENWALD as modified by YANG and ZHANG teaches the packaged phase change material according to claim 1, wherein the deicer material is selected from the group consisting of sodium chloride, calcium chloride, urea, magnesium chloride, potassium sulfate, lignin sulfonate, sodium sulfate, sodium silicates, calcium magnesium acetate, and combinations thereof (see GREENWALD at Col. 4, lines 6-7: prilled urea substrate).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over GREENWALD in view of YANG and ZHANG as applied to claim 1 above, and further in view of Greenwald et al. (US 8226847 B1), hereinafter referred to as GREENWALD’847.
Regarding claim 2, GREENWALD as modified by YANG and ZHANG teaches the packaged phase change material for deicing according to claim 1. But is silent with respect to the phase change material being incorporated with the deicing material in an amount of about 1% to about 99%.
However, in US. Pat. No. 8226847, GREENWALD’847 discloses the invention comprising an improvement over the composition described in U.S. Pat. No. 4,597,884 (see GREENWALD’847 at Col. 1 lines 10-14). GREENWALD’847 discloses an ice-melting composition which includes a substrate formed of an ice-melting material, the substrate is coated with a liquid mixture comprising an antifreeze composition; the substrate is formed of granular urea particles, and the antifreeze composition is a material selected from the glycol family, such as ethylene glycol or propylene glycol (see GREENWALD’847 at Col. 1, lines 54-61). GREENWALD’847 teaches that the liquid comprising glycol is coated onto the ice-melting substrate, using any of the methods described in the above-cited U.S. Pat. No. 4,597,884 (see GREENWALD’847 at Col. 2, lines 25-33). Additionally, GREENWALD’847 teaches an ice-melting composition comprising a plurality of granular urea particles coated with a mixture comprising a glycol, wherein the particles comprise at least about 95%, by weight, of the composition, and wherein the glycol comprises less than 5% of the composition (see GREENWALD’847 at Col. 4, lines 43-48).
GREENWALD’847’s invention disclosed in US. Pat. No 8226847 incorporates the disclosure of US. Pat. No. 4597884 (previously patented by the same inventor) describing an ice-melting composition, Furthermore, GREENWALD’847 explicitly teaches that that the liquid comprising glycol is coated onto the ice-melting substrate, using any of the methods described in the above-cited U.S. Pat. No. 4,597,884 (see GREENWALD’847 at Col. 2, lines 25-33). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that incorporating the phase change material with the deicing material in amount of less than 5% by weight as disclosed by GREENWALD’847 would be suitable.
Allowable Subject Matter
Claim 3 is 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.
Response to Arguments
Applicant’s arguments, see Remarks filed on 03/09/2026, with respect to the rejection(s) of claims 1-3 and 5-10 under 35 U.S.C. 103 as being unpatentable over YANG in view of TIE have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of GREENWALD in view of YANG and ZHANG.
Conclusion
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/A.A.K./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731
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