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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-11 and 20 of copending Application No. 18/348,861 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 9-11 and 20 of copending application No. 18/348,861 would anticipate claims 1-2.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 106 in FIG. 1 (the description of step 108 on page 10, lines 2-3 of the specification seems to instead pertain to step 106 in FIG. 1). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “4/5” in FIG. 6. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because: (1) it appears that references to figure 5a and figure 5b on page 22, lines 14-17 are intended to be to figure 7a and figure 7b, (2) references to “first portions 506” and “second portions 302” on page 22, lines 18-20 and page 23 lines 2-3 appear to be the opposite of the description on page 21, lines 29-32, (3) it appears that the reference to figure 6a on page 23, lines 13- 14 is intended to be figure 8a, and references to figure 6b and polyurethane film 210.2 on page 23, lines 17-23 are intended to be figure 8b and polyurethane film 210’.1 (note that if this is fixed, there would be an objection to the drawings if there is no reference to 210’.2 in the specification), (4) it appears that reference to second PU backing 318 in connection with FIG. 9 on page 24, line 5 is intended to be heat conductive layer 508, (5) it appears that the reference to FIG. 4 in Example 1 (page 33) is intended to be FIG. 12, and (6) if so, it appears that the reference in Example 4 (page 35) to “heat conductive layer 508 as in Example 1” should include a comparison to “heat conductive layer 318 as in Example 1.” Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Page 2, lines 20-25 of the specification include a summary of KR102149423B1 that seems to apply only to US20130199755A1.
Page 34, lines 20-22 recites “The PCMs were encapsulated in macrocapsules having a size of 300 micrometers, each microcapsule comprising a plurality of microcapsules of the three PCMS.” It appears that the first “microcapsule” should be “macrocapsule.”
Appropriate correction is required.
Claim Objections
Claim 3 is objected to because of the following informalities: Claim 3 recites the limitation “a first and a second PCM layers.” Appropriate correction is required.
Claim 9 is objected to because of the following informalities: Claim 9 recites the limitation “The artificial turf of any of the claim 3.” Appropriate correction is required.
Claim 12 is objected to because of the following informalities: Claim 12 recites the limitation “to form polyurethane backing.” Appropriate correction is required.
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.
Claims 2-20 are 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.
Claim 2 recites the limitation “the back side of the polyurethane backing.” There is insufficient antecedent basis for this limitation in the claim. Claims 3, 5-11 and 16-19 are rejected because they depend on claim 2.
Claim 2 recites the limitation "a heat conductive material." As most materials conduct heat, it is unclear what falls within the scope of this limitation and what does not. Claims 3, 5-11 and 16-19 are rejected because they depend on claim 2.
Claim 4 recites the limitation “polyethylene impact copolymer fibers.” It is unclear what falls within the scope of a polyethylene impact copolymer and what does not.
Claim 7 recites the limitation "at least 5.0 %." It is unclear if this percentage is by weight or volume.
Claim 8 recites the limitation “wherein the at least one PCM layer comprises from 5.0 to 12.5 % by weight based on a total weight of the at least one PCM layer on a dry basis.” It is unclear what the at least one PCM layer comprises in the claimed amount.
Claim 9 recites the limitations “the at least one heat conductive sub-layer,” “the at least one first PCM,” and “the at least one second PCM.” There is insufficient antecedent basis for these limitations in the claim.
Claim 9 recites the limitation “preferably concrete or asphalt.” The phrase "preferably" 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).
Claim 10 recites the limitation “the at least one PCM.” There is insufficient antecedent basis for this limitation in the claim. Claims 11 and 19 are rejected because they depend on claim 10 (also note that claim 11 includes an identical limitation).
Claim 12 recites the limitation “adding the viscous polyurethane reaction mixture on a back side of the carrier to form a polyurethane backing, and hardening the viscous polyurethane reaction mixture to form polyurethane backing.” It is unclear which step results in the formation of the polyurethane backing. Claims 13-15 and 20 are rejected because they depend on claim 12.
Claim 16 recites the limitation "at least 10 to 30 % less." It is unclear if this percentage is by weight or volume. It is also unclear if 30% is the upper limit.
Claim 17 recites the limitation “wherein the at least one PCM layer comprises from 6.0 to 10.0 % by weight based on a total weight of the at least one PCM layer on a dry basis.” It is unclear what the at least one PCM layer comprises in the claimed amount.
Claim 18 recites the limitation “the at least one PCM.” There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation “preferably encapsulated inside macrocapsules.” The phrase "preferably" 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).
Claim 19 recites the limitation “the heat conductive sub-layer PCM composition.” There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Sawafta et al. (US 2013/0199755 A1).
Regarding claim 1, Sawafta teaches an artificial turf system that comprises an artificial turf mat and artificial turf fibers disposed on a surface of the artificial turf mat, the artificial turf mat comprising at least one energy management material (Abstract). In the embodiment of FIG. 1, artificial turf mat (10) comprises a backing (20), a binding agent (30), a fabric (40) (a carrier as claimed) and an infill material (50) ([0020]). Artificial turf fibers (60) are disposed on a surface (70) of the mat (10) ([0020]). Further, in the embodiment of FIG. 1, fibers (60) are woven through the mat (10) ([0020]). In some embodiments, the artificial turf fibers are "tufted" ([0045]). Artificial turf fibers are tufted into the substrate in a three-dimensional arrangement whereby the fibers on the top of the substrate simulate natural grass blades ([0100]). In some embodiments, a backing comprises urethane ([0026]). An energy management material can comprise an energy reflecting material, an energy absorbing material, and/or a thermal insulation material ([0008]). In some embodiments, an energy absorbing material comprises a phase change material (PCM) and/or a zeolite ([0008], [0067] and [0069]). An energy management material, in some embodiments, is disposed in a backing of the artificial turf mat, a binding agent of the artificial turf mat, and/or an infill material of the artificial turf mat (at least one PCM layer formed over the carrier, as claimed) (Abstract). In some embodiments, one or both sides of a backing sheet is coated with an energy management material (alternatively, at least one PCM layer formed over the carrier, as claimed) ([0028]).
Regarding claim 4, Sawafta teaches that, in some embodiments, an artificial turf fiber comprises polyethylene, polypropylene, polyamide, polyester (e.g., polyethylene terephthalate (PET) or polybutylene terephthalate (PBT)), or combinations or copolymers or blends thereof ([0043]).
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 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.
Claim(s) 2, 5-6, 10-11 and 18 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Sawafta et al. (US 2013/0199755 A1).
Regarding claim 2, Sawafta remains as applied above to claim 1.
Sawafta further teaches that, in some embodiments, one or both sides of a backing sheet is coated with an energy management material ([0028] and FIG. 1). An energy management material can comprise an energy reflecting material, an energy absorbing material, and/or a thermal insulation material ([0008]). In some embodiments, an energy absorbing material comprises an energy modulating material ([0058]). An energy modulating material, in some embodiments, is operable to both absorb energy and release energy, such as thermal energy ([0058]). The ability to both absorb and release energy, in some embodiments, permits an energy modulating material described to provide cooling to an artificial turf system on warm days and heating to an artificial turf system on cold days ([0058]). In some embodiments, a phase change material is an energy modulating material ([0059]). The examiner notes that the coating on the second side of the backing sheet would therefore meet the claimed “heat conductive layer” limitation.
In addition, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have disposed the energy absorbing material in the one or more components of the artificial turf mat, including on one or both sides of a backing sheet, either as a combination of a phase change material and an energy modulating material or as a phase change material that is an energy modulating material, in order to provide the cooling and warming function and additional properties taught by Sawafta ([0018], [0028], [0058]-[0059]).
Regarding claim 5, Sawafta teaches that an energy management material, in some embodiments, is disposed in a backing of the artificial turf mat, a binding agent (a first PCM layer, as claimed) of the artificial turf mat, and/or an infill material of the artificial turf mat (Abstract, [0008], [0020] and FIG. 1). In some embodiments, one or both sides of a backing sheet is coated with an energy management material ([0028] and FIG. 1). The examiner notes that the coating on a first side of the backing sheet would meet the claimed “second PCM layer” limitation. In some embodiments, the binding agent comprises one or more of epoxy, polyurethane, latex, acrylic, or a thermoplastic hot melt or combinations thereof ([0035]).
Sawafta does not explicitly disclose that the PCMs in the coating(s) on one or both sides of the backing material are dispersed in acrylic materials.
However, as noted above, Sawafta teaches that the binding layer may comprise acrylic and may also comprise a PCM.
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have similarly used acrylic in the coating(s) on one or both sides of the backing material in order to provide a material in which PCMs can be dispersed while also successfully bonding to adjacent layers.
Regarding claim 6, Sawafta remains as applied above to claims 2 and 5, wherein the coating on the second side of the backing material of Sawafta meets the claimed heat conductive layer limitation.
Regarding claim 10, Sawafta teaches that, in some embodiments, a phase change material comprises a paraffin ([0062]). In some embodiments, an energy absorbing material is disposed in the form of microcapsules (as described, for example, in U.S. Pat. No. 6,703,127 to Davis et al. and U.S. Pat No. 6,835,334 to Davis et al.) and/or macrocapsules (as described, for example, in U.S. Pat. No. 6,703,127 to Davis et al., U.S. Pat. No. 7,160,612 to Magill et al., U.S. Pat. No. 7,666,502 to Magill et al., and U.S. Pat. No. 7,666,500 to Magill et al.) ([0067]). In some embodiments, the microcapsules have an average size between about 1 μm and about 100 μm, between about 1 μm and about 30 μm, or between about 1 μm and about 10 μm ([0068]).
Regarding claim 11, Sawafta teaches that a binding agent, in some embodiments, further comprises one or more additives or fillers ([0035]). Non-limiting examples of additives or fillers suitable for use in some embodiments described herein include calcium carbonate, coal fly ash, fumed silica, water, foaming compounds, and anti-foaming compounds ([0035]). Sawafta also teaches that particles of an infill material may be formed from microcapsules containing one or more phase change materials and dispersed in a binder material, such as a urethane or siliceous binder material ([0070]).
Regarding claim 18, Sawafta teaches that in some embodiments, a phase change material comprises a paraffin ([0062]).
Claim(s) 3, 8-9, 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta et al. (US 2013/0199755 A1), as applied to claims 1, 2, 5 and 10 above, in view of Kirkor et al. (US 2014/0345843 A1).
Regarding claim 3, Sawafta remains as applied above, teaching a heat conductive layer formed on the back side of the polyurethane backing, as claimed.
Sawafta does not explicitly disclose wherein the heat conductive material is graphite, graphene, or a combination of graphite and graphene.
However, Kirkor teaches compositions that include carbon nanotubes dispersed within nanographite particles, and that have useful thermal properties (Abstract). Certain compositions have high thermal conductivities (e.g., high thermal conductivities at ambient temperature). (Abstract). Certain compositions have a temperature dependent thermal conductivity that reversibly increases with temperature (Abstract). In some embodiments, the composition is a self-standing material, a supported material, a backed material, or a coated material ([0162]). In some embodiments, supported material is supported on a sheet ([0162]). In some embodiments, the sheet is a sheet or film or paper, or a mat or carpet ([0162]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have applied a composition that includes carbon nanotubes and nanographite particles as the coating(s) on the backing material of Sawafta because Kirkor teaches that such compositions, as coatings, can be used to provide products such as mats and carpets with high heat transfer properties, while also allowing for dynamic management (e.g., temperature dependent management) of said high heat transfer (Abstract, [0021] and [0162]).
Regarding claims 8 and 17, Kirkor teaches that, in some embodiments, at least 40% (for example, at least 60%, or at least 70%, or at least 80% or more) of the mass of the composition is due to crystalline carbon nanoparticles ([0158]). In some embodiments, the crystalline carbon nanoparticles comprise CNTs ranging from 20% to 80% by weight, and graphite or graphene nano-platelets ranging from 20% to 80% by weight ([0158]). In some embodiments, the composition is a self-standing material, a supported material, a backed material, or a coated material ([0162]). In some embodiments, the thickness of the material (the heat conductive layer, as claimed) ranges from a 25 micron film to a several mm thick sheet (e.g., a 2 mm thick sheet, or thicker) ([0162]).
Sawafta in view of Kirkor does not explicitly disclose wherein the at least one PCM layer has a height of 200 μm to 800 μm.
However, Sawafta teaches that when microcapsules are disposed in a backing or binding agent of an artificial turf mat, the microcapsules can have an average size less than the thickness of the backing or binding agent, respectively ([0068]). Sawafta teaches that, therefore, in some embodiments, the microcapsules have an average size between about 1 μm and about 100 μm, between about 1 μm and about 30 μm, or between about 1 μm and about 10 μm ([0068]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the binding agent with a thickness of greater than 100 μm because Sawafta teaches that the microcapsules can have an average size less than the thickness of the backing or binding agent, and that an average microcapsule size can be between about 1 μm and about 100 μm ([0068]).
Therefore, Sawafta in view of Lui teaches the claimed limitations. In the alternative, Sternberg is further applied to claims 8 and 17 below as teaching wherein the at least one PCM layer comprises from 5.0 to 12.5 % by weight (of a PCM) based on a total weight of the at least one PCM layer on a dry basis.
Regarding claim 9, Kirkor teaches that, in some embodiments, at least 40% (for example, at least 60%, or at least 70%, or at least 80% or more) of the mass of the composition is due to crystalline carbon nanoparticles ([0158]). In some embodiments, the crystalline carbon nanoparticles comprise CNTs ranging from 20% to 80% by weight, and graphite or graphene nano-platelets ranging from 20% to 80% by weight ([0158]). Sawafta teaches that the one or more first energy management materials disposed in various components can comprise the same or different types of energy management material ([0088]). Sawafta teaches that, in some embodiments, an energy management material is present in the infill material in an amount up to about 90 weight percent ([0006]). In some embodiments, the energy management material is present in the backing in an amount up to about 50 weight percent ([0030]).
Sawafta in view of Kirkor does not explicitly disclose wherein the artificial turf is positioned on a substrate comprising concrete, asphalt, sand, stone, wood, or clay.
However, Sawafta teaches that artificial turf mat (10), artificial turf fibers (60), and one or more drainage layers, if present, can be disposed on the ground or another installation surface to provide an artificial grass covering ([0020]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have disposed the artificial turf mat on concrete, asphalt, sand, stone or clay because Sawafta teaches disposing the artificial turf mat on the ground.
Regarding claim 19, Kirkor teaches that the compositions include carbon nanotubes dispersed within nanographite particles (Abstract).
Claim(s) 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta et al. (US 2013/0199755 A1), as applied to claims 1, 2 and 5 above, in view of Sternberg (WO 01/35511 A2, attached).
Regarding claims 7 and 16, Sawafta remains as applied above.
Sawafta further teaches that the one or more first energy management materials disposed in various components can comprise the same or different types of energy management material ([0088]). In embodiments, an energy absorbing material can absorb energy using a phase transition ([0057]). The phase transition can be any phase transition not inconsistent with the objectives of the invention (including, for example, fusion, crystallization, eutectic melting, or other transitions between solid phases) ([0057]). In some embodiments, a phase change material has a phase transition temperature between about 10° C. and about 95° C ([0059]). In other embodiments, a phase change material has a phase transition temperature between about 30° C. and about 60° C ([0059]).
Sawafta does not explicitly disclose wherein the amount of the PCM in the first PCM layer is at least 5.0 % less (or at least 10 to 30% less) than the amount of the PCM in the second PCM layer.
However, Sternberg teaches a polymer structure that includes a phase change material within pores of the polymer structure (Abstract). In an embodiment, the phase change material is enclosed in cells within the polymer matrix and within passageways that interconnect some of the cells (page 7, lines 18-20). The examiner notes that the polymer structure can be formed into films (page 8, lines 3-7). In an anisotropic or asymmetric polymer structure, the residual phase change material concentration is significantly lower in the outer liquid stratum from which phase change material has been evaporated (page 12, lines 12-15). The phase change material fraction in the outer strata is typically between about 5 and about 50% (page 12 lines 29-35). The bulk of the polymer structure, and the other strata within the interior thereof, typically have a phase change material fraction between about 50% and about 80% (page 12 lines 29-35). The polymer structures are useful in thermal energy storage units for a multitude of diverse applications, including (among others) building materials (e.g., drywall, floor boards, insulation, and carpet pads) (page 5, lines 3-6).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided at least one of the PCM-containing layers of Sawafta with a multi-layer structure in which the phase change material fraction in an outer strata is between about 5 and about 50%, and the phase change material fraction in the bulk of the polymer structure, and the other strata within the interior thereof, is between about 50% and about 80%, in order to retain large amounts of phase change material without any loss or "oozing" of phase change material from the structure during a repeated process of melting and solidifying the phase change material (Sternberg: page 7, lines 30-35 and page 12, lines 26-29).
Claim(s) 8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta et al. (US 2013/0199755 A1) in view of Kirkor et al. (US 2014/0345843 A1), as applied to claim 3 above, further in view of Sternberg (WO 01/35511 A2, attached).
Regarding claims 8 and 17, Sawafta in view of Kirkor remains as applied above.
Sawafta in view of Kirkor does not explicitly disclose wherein the at least one PCM layer comprises from 5.0 to 12.5 % by weight (of a PCM) based on a total weight of the at least one PCM layer on a dry basis.
However, Sternberg teaches a polymer structure that includes a phase change material within pores of the polymer structure (Abstract). In an embodiment, the phase change material is enclosed in cells within the polymer matrix and within passageways that interconnect some of the cells (page 7, lines 18-20). The examiner notes that the polymer structure can be formed into films (page 8, lines 3-7). In an anisotropic or asymmetric polymer structure, the residual phase change material concentration is significantly lower in the outer liquid stratum from which phase change material has been evaporated (page 12, lines 12-15). The phase change material fraction in the outer strata is typically between about 5 and about 50% (page 12 lines 29-35). The bulk of the polymer structure, and the other strata within the interior thereof, typically have a phase change material fraction between about 50% and about 80% (page 12 lines 29-35). The polymer structures are useful in thermal energy storage units for a multitude of diverse applications, including (among others) building materials (e.g., drywall, floor boards, insulation, and carpet pads) (page 5, lines 3-6).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided at least one of the PCM-containing layers of Sawafta and Kirkor with a multi-layer structure in which the phase change material fraction in an outer strata is between about 5 and about 50%, and the phase change material fraction in the bulk of the polymer structure, and the other strata within the interior thereof, is between about 50% and about 80%, in order to retain large amounts of phase change material without any loss or "oozing" of phase change material from the structure during a repeated process of melting and solidifying the phase change material (Sternberg: page 7, lines 30-35 and page 12, lines 26-29).
Claim(s) 12-14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta et al. (US 2013/0199755 A1) in view of Sirochman et al. (US 2018/0016741 A1).
Regarding claim 12 and 14, Sawafta teaches an artificial turf system that comprises an artificial turf mat and artificial turf fibers disposed on a surface of the artificial turf mat, the artificial turf mat comprising at least one energy management material (Abstract). In the embodiment of FIG. 1, artificial turf mat (10) comprises a backing (20), a binding agent (30), a fabric (40) (a carrier as claimed) and an infill material (50) ([0020]). Artificial turf fibers (60) are disposed on a surface (70) of the mat (10) ([0020]). Further, in the embodiment of FIG. 1, fibers (60) are woven through the mat (10) ([0020]). In some embodiments, disposing the artificial turf fibers on a surface of the mat comprises "tufting" ([0100]). In some embodiments, for instance, tufting comprises a two step process whereby a previously produced fabric described (such as a flat woven fabric) is fed into a tufting machine as a substrate ([0100]). Artificial turf fibers described are then tufted into the substrate in a three-dimensional arrangement whereby the fibers on the top of the substrate simulate natural grass blades ([0100]). Therefore, Sawafta teaches incorporating artificial turf fiber into a carrier, as claimed. Sawafta also teaches, in Example 1, that a backing of an artificial turf mat described was made as follows ([103]). First, 34 kg polyol (Bayer Chemicals) and 30 kg phase change material (BioPCM-Q40, QuarTek Corporation) were added to a 100 gallon tank equipped with a mixer and heated at 40° C ([0103]). Next, after 15 minutes of mixing, 2 kg polyurethane catalyst (DABCO T-12 Catalyst, Air Products) was added gradually, followed by the slow addition of 34 kg of methylene diphenyl diisocyanate (Huntsman Corporation) ([0103]-[0104]). Mixing was continued for another 10 minutes ([0104]). Then the contents of the tank were poured onto a conveyer belt with rollers to obtain the desired thickness of the backing sheet ([0103]). Therefore, Sawafta teaches preparing a polyurethane reaction mixture, wherein a PCM is added in the polyurethane reaction mixture, as claimed.
Sawafta does not explicitly disclose adding the viscous polyurethane reaction mixture on a back side of the carrier to form a polyurethane backing, and hardening the viscous polyurethane reaction mixture to form a polyurethane backing.
However, Sirochman teaches a carpet, such as a synthetic turf ([0006]). These carpets comprise: (a) rows of fiber bundles; (b) a primary backing, wherein the rows of fiber bundles are tufted into the primary backing, and (c) a coating deposited over at least a portion of the primary backing and covering the portion of the fiber bundles tufted into the primary backing, wherein the coating comprises a polyurethane that is a reaction product of: (1) a polyisocyanate, and (2) an isocyanate-reactive composition comprising a polyether carbonate polyol having an incorporated carbon dioxide content ([0006]). The examiner notes that, in Example 1, as described in paragraph [0122], the coating is applied by using a process that includes the following steps: an adequate amount of a mixture was poured onto the prepared greige goods and scraped down the greige goods several times to allow for wet-out. The samples were then placed into the oven having a temperature of 180° F.-200° F. (82.2° C.-93.3° C.). After curing for ten minutes in the oven, the sample was removed and allowed to cool to room temperature ([0122]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have applied the polyurethane reaction mixture of Sawafta by pouring it onto the back of the fabric (the primary backing), curing it, and allowing it to cool, in order to lock the fiber bundles to the primary backing, thereby obtaining synthetic turf with adequate or improved tuft bind properties (Sirochman: [0122]; also see [0003]-[0004]).
Sawafta in view of Sirochman does not explicitly disclose that the polyurethane reaction mixture is viscous.
However, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have made the polyurethane reaction mixture viscous so that the mixture can be poured controllably to obtain a desired thickness (see [0103] of Sawafta).
Regarding claims 13 and 20, Sawafta teaches that a binding agent, in some embodiments, is disposed between a backing and a fabric of the artificial turf mat ([0035]). Further, in some embodiments, at least one energy management material is disposed in a binding agent of the artificial turf mat ([0035]; [0008], [0020] and FIG. 1). In some embodiments, one or both sides of a backing sheet is coated with an energy management material ([0028]; [0008], [0020] and FIG. 1).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta et al. (US 2013/0199755 A1) in view of Sirochman et al. (US 2018/0016741 A1), as applied to claim 12 above, further in view of Kirkor et al. (US 2014/0345843 A1).
Regarding claim 15, Sawafta in view of Sirochman remains as applied above.
Sawafta further teaches that, in some embodiments, one or both sides of a backing sheet is coated with an energy management material ([0028]; [0008], [0020] and FIG. 1). An energy management material can comprise an energy reflecting material, an energy absorbing material, and/or a thermal insulation material ([0008]). In some embodiments, an energy absorbing material comprises an energy modulating material ([0058]). An energy modulating material, in some embodiments, is operable to both absorb energy and release energy, such as thermal energy ([0058]). The ability to both absorb and release energy, in some embodiments, permits an energy modulating material described to provide cooling to an artificial turf system on warm days and heating to an artificial turf system on cold days ([0058]). In some embodiments, a phase change material is an energy modulating material ([0059]). The examiner notes that the coating on the second side of the backing sheet would therefore meet the claimed “heat conductive layer” limitation.
Sawafta does not explicitly disclose the heat conductive material being graphite, graphene, or a combination thereof.
However, Kirkor teaches compositions that include carbon nanotubes dispersed within nanographite particles, and that have useful thermal properties (Abstract). Certain compositions have high thermal conductivities (e.g., high thermal conductivities at ambient temperature). (Abstract). Certain compositions have a temperature dependent thermal conductivity that reversibly increases with temperature (Abstract). In some embodiments, the composition is a self-standing material, a supported material, a backed material, or a coated material ([0162]). In some embodiments, supported material is supported on a sheet ([0162]). In some embodiments, the sheet is a sheet or film or paper, or a mat or carpet ([0162]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have applied a composition that includes carbon nanotubes and nanographite particles as the coating(s) on the backing sheet of the artificial turf because Kirkor teaches that such compositions, as coatings, can be used to provide products such as mats and carpets with high heat transfer properties, while also allowing for dynamic management (e.g., temperature dependent management) of said high heat transfer (Abstract, [0021] and [0162]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
JP 2004143637 A (Usuda, see attachment) teaches a tufting mat made of a thermoplastic resin suitable as a carpet and artificial turf (Abstract). With reference to FIG. 1, an external joining thermoplastic resin sheet 7 can be laminated on the back surface of a pile fabric 4 in which the pile yarn 3 is tufted on a primary base fabric 2 ([0045]). In the case of joining the external joining thermoplastic resin sheet 7, the heating efficiency by the radiation heat can be improved by blending a fine powder of the radiation heat absorbing material in the external joining thermoplastic resin sheet 7 ([0051]). As the radiant heat absorbing substance, carbon black and graphite are preferable ([0051]). The thickness of the external joining thermoplastic resin sheet 7 is generally 20 μm or more, preferably about 50 μm or more and 2mm or less ([0048]).
US 2021/0401209 A1 (Lui) teaches a composite comprising four layers, two of the layers are a polymer film and two of the layers are non-woven materials, and the composite is suitable for use as a primary backing material and/or a secondary backing material in the manufacture of textile carpet compositions (Abstract). Exemplary and non-limiting fillers that can be incorporated into the secondary backing materials include (among others) graphite ([0126]). In an exemplary aspect, the filler (e.g., graphite) is present in an amount in the range of from about 10 weight % to about 90 weight %, based upon the total weight of the secondary backing material ([0126]). In one aspect, the continuous or non-continuous first polymer film can have a thickness from about 25 μm to about 500 μm ([0065]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Worrell whose telephone number is (571)270-7728. The examiner can normally be reached .
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Kevin Worrell/Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789