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 .
Election/Restrictions
Claims 46-47 of Group II, are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election of claims 26-45 of Group I, was made without traverse in the reply filed on 12/16/2025.
Claim Objections
Claims 29 and 44 are objected to because of the following informalities:
Claim 29 should be rewritten as:
- - A method according to Claim 26 wherein the collected blowing agent is continuously reused in the manufacture of [[a]] the foam body . - -. Appropriate correction is required.
Claim 44 should be rewritten as:
- - A method according to Claim 26 wherein the collected blowing agent is
metered
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.
Claims 26-45 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 26, the phrase "such as" in line 1, renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitation of “such as a foam insulation body” is deemed to be optional.
Regarding claim 28, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitation of “for example as a mixture with water vapour” is deemed to be optional.
Regarding claim 31, the phrase "for example" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitations of “for example a C3-C6 hydrocarbon, for example butane, for example isobutane, and/or pentane, desirably isopentane or combinations thereof” are all deemed to be optional.
Furthermore, the term “desirably” indicates a more preferred narrower range. 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 31 recites the broad recitation of “hydrocarbon”, and the claim also recites “desirably isopentane or combinations thereof” 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. For the purposes of examination, the narrower statement is deemed to be optional.
Regarding claim 32, the phrases "for example" and “such as” both render the claim indefinite because it is unclear whether the limitations following the phrases are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitations of “for example butene, or pentene such as isopentene, or combinations thereof” are all deemed to be optional.
Regarding claim 34, the phrase "for example" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitations of “for example 1-chloro-3,3,3-trifluoropropene (1233zd) or 1-chloro-2,3,3,3-tetrafluoropropene (1224yd) or combinations thereof” are all deemed to be optional.
Regarding claim 35, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitation of “such as isopropyl chloride” is deemed to be optional.
Regarding claim 36, the term “suitably” indicates a more preferred narrower range. 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 36 recites the broad recitation of “a blend”, and the claim also recites “suitably an azeotropic blend” 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. For the purposes of examination, the narrower statement is deemed to be optional.
Regarding claim 40, the phrases "for example" and “such as” both render the claim indefinite because it is unclear whether the limitations following the phrases are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitation of “such as from about 350 to about 700” is deemed to be optional for item (b); and the limitations of “such as from about 2500 mPa.s to about 16,000 mPa-s when measured at 25°C for example from about 4,000 mPa-s to about 8,000 mPa-s when measured at 25°C” are deemed to be optional for item (e).
Furthermore, the term “suitably” indicates a more preferred narrower range. 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 40 recites the broad recitation of “1:1 to about 1:3”, and the claim also recites “suitably from about 1:1.5 to about 1:2.3” 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. For the purposes of examination, the narrower statement is deemed to be optional.
Regarding claim 41, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitation of “such as from 6 wt% to 10 wt%” is deemed to be optional.
Furthermore, the limitation of “water content” lacks antecedent basis because claim 26 upon which said claim depends, does not mention “water” in the foam reactant materials.
Regarding claim 42, the phrase "for example" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitation of “for example a phenolic resin” is deemed to be optional.
Regarding claim 43, the phrase "for example" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitations of “for example below about 20 °C, for example below about 17 °C” are deemed to be optional for item (iv).
Furthermore, it is unclear how the water is released during manufacture of a foam body, and how much condensed water is present to be separable into an aqueous fraction that is separate from the organic fraction containing the organic blowing agent, such that only the organic fraction is collected.
Regarding claim 44, the phrase "for example" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the limitations of “for example by passing through a metering pump, before being reused for example within a method of manufacture of a foam body according to Claim 26” are all deemed to be optional.
Claims 27-45 depend on claim 26, of which claims 37-38 further depend on claim 36, and claim 40 further depends on claim 39, none of which provide any solutions to the indefinite issues described above.
Clarification and amendment, accompanied by relevant citation(s) from the specification are required.
Claim Rejections - 35 USC § 102
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 following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 26-32, 35-36, 38, 42, 45 are rejected under 35 U.S.C. 102(a/1,2) as being anticipated by Dix (US 2019/0270227).
Regarding claim 26, Dix teaches a method for manufacturing a foam body (molded polymeric foam article [0014]), comprising the steps of: (i) providing foam reactant materials which react to form the foam body (polymeric material [0016] (as described in Applicant’s specification which states that “when the method is used for manufacture of a phenolic resin foam body, the foam reactant materials used may comprise a foamable phenolic resin composition, para [0074])); (ii) providing a blowing agent (single-phase solution with the physical blowing agent being dissolves in the polymeric material prior to injection [0016]); (iii) expanding, during reaction of the foam reactant materials, the foam reactant materials (pressure drop during injection causes expansion of the blowing agent which nucleates a large number of cells in which it is trapped in the polymeric material [0016]), using the blowing agent so as to form a foam body having cells defined therein, and within which cells, the blowing agent is trapped (pressure drop during injection causes expansion of the blowing agent which nucleates a large number of cells in which it is trapped in the polymeric material [0016]); and (iv) collecting residual blowing agent not trapped within the foam body (removed … and re-circulated [0030]).
Regarding claim 27, Dix teaches that the blowing agent is a physical blowing agent (gases [0029]) is subjected to a pressure drop which causes it to expand as a gas to blow to foam the foam body ([0016]), such that the step (iv) of collecting the residual blowing agent not trapped within the foam body, involves collecting the residual blowing agent as a gas.
Regarding claim 28, Dix teaches that the blowing agent can also be a mixture of physical blowing agents (gases [0029]), which are subjected to a pressure drop which causes them to expand as a gas mixture to blow to foam the foam body ([0016]), such that the step (iv) of collecting the residual blowing agent not trapped within the foam body, involves collecting the residual blowing agent within a gas mixture.
Regarding claim 29, Dix teaches that the collected blowing agent is continuously reused in the manufacture of the foam body (removed … and recirculated [0030]).
Regarding claims 30-32, 35, Dix teaches that the blowing agent comprises hydrocarbon, halogenated hydrocarbon, or a combination thereof (hydrocarbons, chlorofluorocarbons, mixtures thereof [0029]).
Regarding claims 36 and 38, Dix teaches that the blowing agent is a blend of at least two different blowing agents which are hydrocarbon and halogenated hydrocarbon (hydrocarbons, chlorofluorocarbons, mixtures thereof [0029]).
Regarding claim 42, Dix teaches that the blowing agent is present in an amount of about 11 parts by weight per 100 parts by weight of the resin which forms part of the foam reactant materials (10x100/(10+90), 10% by weight of polymeric material and blowing agent [0028]) which is within the claimed range of from about 1 to about 20 parts by weight.
Regarding claim 45, Dix teaches that the foam reactant materials are mixed within a heated enclosure (within a barrel 22, heat ... and shear forces … to melt the polymeric material to form a fluid polymeric stream which is mixed with the blowing agent ([0016]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 33-34, 37, 39-41, 43 are rejected under 35 U.S.C. 103 as being unpatentable over Dix as applied to claims 26-32, 35-36, 38, 42, 45 above, and further in view of Mihori (US 2021/0230389).
Dix teaches the method for manufacturing a foam body, comprising steps of (i) providing foam reactant materials which react to form a foam body; and (ii) providing a blowing agent, as described above.
Regarding claims 33-34, Dix teaches that the blowing agent comprises hydrocarbon, halogenated hydrocarbon, or a combination thereof (hydrocarbons, chlorofluorocarbons, mixtures thereof [0029]), but fails to teach that the blowing agent further comprises hydrofluoroolefin (HFO), or chlorinated hydrofluoroolefin.
However, Mihori teaches that in a method for manufacturing a foam body, when the foam reactant materials comprise phenolic resin ([0035]), the blowing agent can further comprise hydrofluoroolefin (HFO) or chlorinated hydrofluoroolefin, in addition to, or in place of hydrocarbon and halogenated hydrocarbon ([0035]), for the purpose of providing the desired phenolic foam characteristics.
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised hydrofluoroolefin (HFO) or chlorinated hydrofluoroolefin, in addition to, or in place of the hydrocarbon and halogenated hydrocarbon in the blowing agent of the method for manufacturing a foam body of Dix, when the foam reactant materials comprise phenolic resin, in order to obtain the desired phenolic foam characteristics, as taught by Mihori.
Regarding claim 37, Mihori teaches that the blowing agent can comprise a blend of hydrocarbon and hydrofluoroolefin and/or chlorinated hydrofluoroolefin ([0035], combination of two or more types [0042]), for the purpose of providing the desired phenolic foam characteristics, as described above.
Regarding claim 39, Dix fails to specify that the foam reactant materials are materials which react to form a phenolic foam body.
However, Mihori teaches that in a method for manufacturing a foam body, in a step (i) of providing foam reactant materials which react to form a foam body, the foam reactant materials can comprise materials which react to form a phenolic resin foam body (foamable phenolic resin composition [0044]), for the purpose of providing the desired phenolic resin foam utility (thermal insulation [0003]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided materials which react to form a phenolic foam body, as the foam reactant materials in the step (i) of the method for manufacturing a foam body of Dix, in order to obtain the desired phenolic resin foam utility, as taught by Mihori.
Regarding claim 40, Mihori teaches that the foam reactant materials (foamable phenolic resin composition [0044]) include a phenolic resin that has a water content of 10 wt% ([10.1 mass% [0075]), for the purpose of providing the desired phenolic resin foam utility, as described above.
Regarding claim 41, Dix fails to teach a water content of the foam reactant materials, let alone one which is in a range of from 5 wt% to 12 wt%, based on the total weight of the foamable composition formed by mixing the foam reactant materials.
However, Mihori teaches that in a method for manufacturing a foam body, in a step (i) of providing foam reactant materials which react to form a foam body (foamable phenolic resin composition [0044]), the foam reactant materials can comprise materials which react to form a phenolic resin foam body (foamable phenolic resin composition [0044]), for the purpose of providing the desired phenolic resin foam utility (thermal insulation [0003]), whereby the water content of the phenolic foam reactants, based on the total weight of the foamable composition formed by mixing the foam reactant materials, is 10.1 mass% ([0075]) which is within the claimed range of from 5 wt% to 12 wt%, based on the total weight of the foamable composition formed by mixing the foam reactant materials (stirred, then concentrated by a thin film evaporator [0073]), in order to provide the desired phenolic resin foam utility, as described above.
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided a water content of the foam reactant materials in the step (i) of the method for manufacturing a foam body of Dix, in a range of from 5 wt% to 12 wt%, based on the total weight of the foamable composition formed by mixing the foam reactant materials, in order to obtain the desired phenolic resin foam utility, as taught by Mihori.
Regarding claim 43, Dix teaches the step (iv) of collecting residual blowing agent not trapped within the foam body (removed … and re-circulated [0030]), but is silent regarding sub-steps of the step (iv).
However, Dix teaches that the temperature is high during manufacture of the foam body (heat …and shear forces … act to melt the polymeric material to form a single-phase solution with the physical blowing agent being dissolved in the polymeric material [0016]) such that collecting the residual blowing agent comprises collecting the blowing agent within a gas mixture. Dix teaches that the blowing agent is an organic blowing agent (hydrocarbons, chlorofluorocarbons, mixtures thereof [0029]),but fails to teach that water is released during manufacture of the foam body, and is collected along with the organic blowing agent in the gas mixture. .
Mihori teaches that in a method for manufacturing a phenolic foam body, where the foam reactant materials comprise phenolic resin ([0035]), the blowing agent is an organic blowing agent (hydrocarbon and halogenated hydrocarbon[0035]), and the water in the phenolic resin (10.1 mass% water [0075]) is released under the high temperature conditions (heating [0064] dissipates water in the phenolic resin composition [0063]) during manufacture of the foam body (phenolic resin foam [0063]), resulting in a mixture of the residual organic blowing agent and the water being collected as a gas mixture.
Even a common layman, let alone one of ordinary skill in the art, at the time, would have known that an organic liquid is less dense and hence phase separates from, and floats on liquid water, making it easier to separate the organic liquid from the liquid water. Collecting, and allowing the gas mixture of organic blowing agent and water released during manufacture of the phenolic foam body in the method for manufacturing a phenolic foam body of Mihori, to condense to liquid form (i); transferring the liquid mixture of organic blowing agent and water into a reservoir (ii); allows for ease of separating of the liquid mixture of organic blowing agent and water into aqueous and organic fractions (iii), thus allowing for ease of collecting the organic fraction consisting of the organic blowing agent (v).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided sub-steps of the step (iv) of the method for manufacturing a foam body of Dix, comprising (i) collecting and allowing a gas mixture of the organic blowing agent and water released during manufacture of the foam body to condense to liquid form; (ii) transferring the liquid mixture of organic blowing agent and water into a reservoir; (iii) separating the liquid mixture of organic blowing agent and water into aqueous and organic fractions, and (v) collecting the organic fraction, by itself, in the method for manufacturing a foam body of Dix, when the foam reactant materials comprise phenolic resin for manufacturing a phenolic foam body, as taught by Mihori, in order to obtain the desired collection of the organic fraction consisting of the organic blowing agent.
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over Dix as applied to claims 26-32, 35-36, 38, 42, 45 above, and further in view of Cardona (US 2001/0033040).
Dix teaches the method for manufacturing a foam body, comprising a step of (iv) collecting blowing agent not trapped within the foam body, as described above. Dix is silent as to whether the collected blowing agent is metered.
However, Dix teaches that the collected blowing agent is continuously reused in the manufacture of the foam body (removed … and recirculated [0030]).
Cardona teaches that the blowing agent is metered, for the purpose of providing the desired accurate control in the method for manufacturing a foam body (foam material processing [0020], molded foam article [0022]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have metered the collected blowing agent, in the step of (iv) collecting blowing agent not trapped within the foam body, in the method for manufacturing a foam body of Dix, in order to obtain the desired accurate control, as taught by Cardona.
Any inquiry concerning this communication should be directed to Sow-Fun Hon whose telephone number is (571)272-1492. The examiner is on a flexible schedule but can usually be reached during a regular workweek between the hours of 10:00 AM and 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Aaron Austin, can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782
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