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 .
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated February 4, 2026. However, new rejections may have been made using the same prior art if still applicable to the newly presented amendments and/or arguments.
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 1, 3 – 6, and 10 – 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hulteen et al. (USPGPub 2020/0056073 A1) in view of Zhou et al. (USPGPub 2014/0127443 A1).
Hulteen et al. disclose an intumescent article (Figures; Abstract) comprising intumescent material, the intumescent material comprising: from 50 wt-% to 92 wt-% graphite (Paragraph 0041); and from 8 wt-% to 50 wt-% binder (Paragraph 0041, wherein the binder is the portion not filled with graphite) as in claim 1. Regarding claim 3, the article comprises a major surface extending in three dimensions (Figures). For claim 4, the intumescent material comprises from 55 wt-% to 90 wt-% (Paragraph 0041). In claims 5 and 10, the binder is substantially free of rubbers, styrene-based block copolymers and butyl adhesive; the binder comprises a polymer or copolymer comprising a vinyl acetate acrylic, a vinyl acrylic, an acrylic, or a combination thereof (Paragraph 0041). As in claim 11, a skin adhered to the intumescent material by an adhesive (Paragraphs 0044 – 0046). With respect to claim 12, the skin comprises a polymeric liner and an adhesive, and wherein the adhesive may be disposed between the intumescent material and the polymeric liner, on an outside surface of the polymeric liner, or both (Paragraphs 0075 and 0076). For claim 13, the intumescent material forms a layer having a thickness of 0.5 mm to 10 mm, or from 1 mm to 6 mm (Paragraph 0043). In claim 14, the intumescent material consists of graphite and binder (Paragraph 0041). With regard to claim 15, the intumescent article is free of flame retardant agents (Paragraph 0041, wherein there are no other materials listed in the intumescent article). However, Hulteen et al. fail to disclose intercalated graphite, and intumescent material has a free expansion ratio of at least 100x at 350°, wherein the graphite is present in an unexpanded intercalated form prior to heating or greater or 110x or greater.
Zhou et al. teach an intumescent article (Figures; Abstract) comprising intercalated graphite (Paragraph 0021), wherein the intumescent material has a free expansion ratio of at least 100x at 350°, wherein the graphite is present in an unexpanded intercalated form prior to heating or greater or 110x or greater (Paragraphs 0038 and 0041, wherein it has a greater expansion at a lowest temperature and therefore would meet the limitation) for the purpose having an article with improved fire and/or flame-spread resistance (Paragraph 0002).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the intumescent material has a free expansion ratio of at least 100x at 350°, wherein the graphite is present in an unexpanded intercalated form prior to heating or greater or 110x or greater in Hulteen et al. in order to an article with improved fire and/or flame-spread resistance as taught by Zhou et al.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hulteen et al. (USPGPub 2020/0056073 A1) in view of Zhou et al. (USPGPub 2014/0127443 A1) as applied to claim 1 above, and further in view of Gestner et al. (WO 99/38933).
Hulteen et al., as modified with Zhou et al., disclose the claimed invention except for the intumescent material forms a self-supporting layer having a density of 0.1 g/cm3 to 0.5 g/cm3.
Gestner et al. teach an intumescent article (Abstract), wherein the intumescent material forms a self-supporting layer having a density of 0.1 g/cm3 to 0.5 g/cm3 (Abstract) for the purpose of deterring the spread of flames, smoke, vapors and/or heat during a fire (Page 1, lines 7 – 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the intumescent material forms a self-supporting layer having a density of 0.1 g/cm3 to 0.5 g/cm3 in the modified Hulteen et al. in order to deter the spread of flames, smoke, vapors and/or heat during a fire as taught Gestner.
Response to Arguments
Applicant’s arguments with respect to claims 1 – 6 and 10 – 15 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Please see the newly presented rejections in view of Zhou et al. and Gestner et al.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patricia L Nordmeyer whose telephone number is (571)272-1496. The examiner can normally be reached 10am - 6:30pm EST, Monday - Friday.
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 March 4, 2026
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