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 .
The amendment filed 12/29/2025 has been entered. Claims 2, 10, and 18-20 have been canceled. New claims 21-25 have been added. Claims 1, 3-9, 11-17, and 21-25 are pending in the application. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Objections
Claim 1 is objected to because of the following informalities: “g” on line 26 should read “g)” to be consistent with a) to f); similarly, “(h)” on line 29 should read “h)” to be consistent with a) to f); and further, the last two lines of the claim should be adjusted so that the negative sign is on the same line and in front of the “20°C”. Appropriate correction is required.
Claim 23 is objected to because of the following informalities: “borate,‒alumina” on line 20 should read “borate, alumina” replacing the dash before “alumina” with a space; and “(h)” on line 25 should read “h)” to be consistent with a) to g). Appropriate correction is required.
Claim Rejections - 35 USC § 103
Claims 1, 3-9, 11-17, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN1876740A, please see attached machine translation for the below cited sections) in view of Air Products Epoxy Curing Agents and Modifiers: Ancamine® K54 Curing Agent product information sheet (hereinafter referred to as “ANCAMINE® K54 Product Sheet”, already of record). Wang teaches an epoxy intumescent fire-retardant coating and method of preparation, wherein the coating “has the characteristics of good fire-retardant and heat-insulating performance, good adhesion, high strength, and the ability to withstand the effects of high and low temperature cycles”, and “is particularly suitable for protecting indoor and outdoor steel” (Title, Paragraph 0074). Wang teaches that the coating is formed from a two-component composition consisting of components A and B, with component A comprising, in terms of parts by weight: 10-30 epoxy resin (reading upon the claimed component a) or “polymer comprising an epoxy resin”), 5-20 modified resin, 5-20 catalyst, 10-35 char-forming or charring agent, 5-20 foaming agent, 15-40 flame retardant, 5-15 flux, 10-25 pigments and fillers, and 2-15 of smoke suppressant; while component B comprises, in terms of parts by weight, 10-25 pigments and fillers, 10-50 hardener (e.g., curing system), and 2-15 additives (Paragraphs 0010-0025); wherein components A and B are mixed in a ratio of 2:1 to 4:1, and applied by application methods including spraying, brushing, and scraping (as in instant claim 12), to the surfaces of steel (as in instant claims 1 and 23), aluminum and other materials, both indoors and outdoors, to provide outstanding fire-retardant properties (Paragraph 0073). Wang teaches that the “selection of modified resin…is based on the following considerations: an important requirement for intumescent fire-retardant coatings is that the coating has good flexibility and adhesion”; and “[t]herefore, the modified resin should meet the following requirements: a. When no fire occurs, the coating can protect the substrate from direct impact from external objects, and the coating itself will not separate from the substrate; b. Climate change, especially drastic changes in ambient temperature, will not cause the coating to crack or detach from the substrate; c. Good flexibility and adhesion allow the coating to remain tightly bonded to the substrate even under the impact of an explosive shock wave; and d. Even after the coating expands when exposed to fire, the expanded layer will not detach from the substrate” (Paragraphs 0030-0034). Wang teaches that “[a]lthough epoxy resin has the characteristics of strong adhesion and high hardness, the cured paint film is very brittle”, and “[t]herefore, one or more of the following modified resins are added to the formulation to modify the above epoxy resin: polyurethane, furan resin, amino resin, bisphenol F type resin, vinyl resin, acrylic resin, phenolic resin, alkyd resin, high chlorinated polyethylene resin, chlorinated ether resin, epoxidized soybean oil, hydrogenated castor oil, polyvinyl butyral, chlorinated rubber, carboxybutyl rubber, coal tar, etc.” (Paragraph 0035, with bisphenol F type resin reading upon the claimed “optionally a bisphenol compound” of component h) or “carbon source” of instant claims 1 and 23 as well as instant claim 3); wherein nitrogen-containing and chlorine-containing resins significantly improve the overall performance of the coating, while phenolic resins significantly contribute to the density of the carbonized layer and the total yield of carbonized materials (Paragraph 0036); and hence, Wang clearly teaches a “method of improving a low temperature performance of an intumescent coating applied to a substrate comprising steel” by the “addition of: a carbon source” as in the claimed invention given consideration b. above with respect to the modified resin being selected such that climate change, especially drastic changes in ambient temperature, will not cause the coating to crack or detach from the substrate; that the modified resin(s) constitute(s) “a carbon source”; and that Wang specifically teaches that the coating is particularly suitable for protecting indoor and outdoor steel and has the ability to withstand the effects of high and low temperature cycles.
Wang teaches that the selection of the curing agent/hardener is mainly based on the following considerations: a) the curing agent has low viscosity, fast curing speed, and a long coating life; b) the cured coating film exhibits high effective crosslinking density, good chemical resistance; c) the curing agent has good weather resistance; and d) the curing system, consisting of curing agent and curing accelerator, is non-toxic and does not produce low-molecular-weight pollutants during curing (Paragraphs 0037-0041); wherein suitable curing agents include “polyamides, liquid anhydrides, ketimine compounds, diaminodiphenyl methane, m-phenylenediamine, modified isoflurane diamine, aliphatic polyamines, diketone acrylamide adducts, and thiols” (Paragraph 0042). Hence, Wang clearly teaches “curing the intumescent coating” as in instant claims 1 and 23 (although Wang does not specifically teach curing for at least 24 hours as in the claimed invention, e.g., Difference 1); “a curing agent reactive with the polymer” as in instant claims 1 and 23 with respect to the claimed component b), and a curing accelerator/promoter as with the claimed component g), although Wang does not specifically recite 2,4,6-tris(dimethylaminomethyl) phenol as in instant claims 1 and 23 (Difference 2).
Wang teaches that any material that can decompose at a suitable temperature and whose components can dehydrate hydroxyl-containing substances can be used as a catalyst, with suitable materials including “ammonium dihydrogen phosphate, urea phosphate, ammonium polyphosphate, potassium ammonium polyphosphate, potassium tripolyphosphate, melamine phosphate, melamine bis(trimelamine) phosphate, melamine pyrophosphate, organophosphate esters, borates (esters) and their derivatives, sulfonates and their derivatives, etc.” (Paragraph 0044); wherein the invention preferably uses ammonium polyphosphate, melamine phosphate, or a mixture thereof as a catalyst (Paragraph 0045; reading upon the claimed “foaming agent comprising…one or more melamine, and melamine derivatives” of component c) of instant claims 1 and 23).
Wang teaches that a charring agent is the material basis for the formation of the non-flammable three-dimensional foam carbonized layer at high temperature, and that the effectiveness of charring agents depends on the content of hydroxyl groups and carbon atoms in the molecule, wherein the more hydroxyl groups there are, the faster the charring agent is dehydrated, and since the charring agent itself is hydrophilic, it is not necessarily better to have a higher number of hydroxyl groups (Paragraph 0050). Wang teaches that a high carbon atom content and large molecular size are beneficial to the strength and density of the final carbonized layer, and that “[t]here are many types of charring agents, such as starch, cellulose and its derivatives, sucrose, sorbitol, pentaerythritol and its derivatives, epoxy resin, phenolic resin, etc.” (Paragraph 0050), wherein pentaerythritol and its derivatives such as dipentaerythritol, tripentaerythritol, etc. are used (Paragraph 0051; also considered a “carbon source”).
Wang teaches that commonly used foaming agents include dicyandiamide, melamine, chlorinated paraffin, urea, melamine phosphate(s), and borates, etc.; wherein to extend the foaming time and make the carbonized layer height more ideal, the invention uses melamine and chlorinated paraffin as foaming agents, or melamine salt/ester such as melamine phosphate and chlorinated paraffin (Paragraphs 0052-0053; reading upon the claimed “foaming agent comprising…one or more of melamine, and melamine derivatives” of component c) of instant claims 1 and 23). Wang teaches that flux is another important substance added in the invention, wherein “[w]hen the coating is heated to carbonize, this type of flux reacts with phosphorus- or silicon-containing substances in the coating to form a soft or liquid substance,” with such fluxes including “hydrated boric acid, zinc borate, boron oxide, sodium borate, potassium borate, ammonium borate, or borate esters” (Paragraph 0064, rendering the claimed “ammonium pentaborate” of the component c) obvious given that “ammonium borate” encompasses and is often present as “ammonium pentaborate”).
Wang teaches that suitable flame retardants including inorganic flame retardants as well as organic flame retardants such as phosphate esters and their halogenated derivatives, melamine and its salts, and chlorinated flame retardants (Paragraph 0055-0056), wherein suitable chlorinated flame retardants include trichloroethyl phosphate and trichloropropyl (Paragraph 0057) and suitable phosphate flame retardants include triphenyl phosphate (Paragraph 0058), reading upon the claimed component d) or “an acid source comprising trichloroethyl phosphate, trichloropropyl phosphate and/or triphenyl phosphate” as in instant claims 1 and 23. Wang teaches that inorganic flame retardants include aluminum hydroxide, magnesium hydroxide, aluminum oxide (alumina), and zinc borate (Paragraph 0059; reading upon the claimed component f) or “inorganic additive” of instant claims 1 and 23). Wang teaches that the flame retardants commonly used in the invention include phosphate esters and their halogen-containing derivatives (e.g., trichloroethyl phosphate, trichloropropyl phosphate and/or triphenyl phosphate of claimed component d) or “acid source”), as well as aluminum hydroxide, magnesium hydroxide, aluminum oxide, and zinc borate (Paragraph 0060; reading upon the claimed component f) or “inorganic additive”). Wang also teaches that “[f]or intumescent fire-retardant coatings, if the expansion layer is loose, the higher the foaming rate, the worse its fire resistance limit” and “[t]herefore, increasing the strength of the expansion layer is one of the keys to improving the fire resistance limit of fire-retardant coatings” (Paragraph 0066). Wang teaches that appropriately increasing the proportion of filler is beneficial to improving the strength of the expansion layer, wherein some powders and fibrous materials can be used as fillers and reinforcing materials, with preferred materials including “titanium dioxide, alumina, light calcium carbonate, wollastonite, slag wool, kaolin, quartz powder, precipitated barium sulfate, rock wool, hollow microspheres, glass wool, and various refractory wools as fillers and reinforcing materials” (Paragraph 0067; reading upon the claimed component e) or “reinforced fiber” of instant claims 1 and 23, and particularly as in instant claim 7). Wang teaches that the invention also includes smoke inhibitors, wherein commonly used smoke inhibitors include aluminum hydroxide, magnesium hydroxide, aluminum oxide, zinc borate, expandable graphite, etc., with expandable graphite and magnesium hydroxide being preferred (Paragraph 0068; thus also reading upon the claimed component f) or “inorganic additive” of instant claims 1 and 23).
Wang teaches that the additives of the invention include reactive diluents, toughening agents, curing accelerators, dispersants, leveling agents, and defoamers (Paragraphs 0069), wherein suitable toughening agents include “turpentine oil, furfuryl alcohol, benzofuran-indene polymers, coal tar, epoxidized cashew phenol, polypropylene glycol diglycidyl ether, epoxidized soybean oil, hydrogenated castor oil, polysulfide rubber, etc.” (emphasis added, Paragraph 0071), and given that epoxidized cashew phenol encompasses epoxidized cardanol – a known aromatic compound having a long chain hydrocarbyl substituent of 15 carbon atoms with 1 to 3 double bonds (as in instant claims 1 and 23, and particularly as in instant claims 4-6, as well as instant claims 22 and 25 which are further discussed below), wherein only the hydroxyl group on the aromatic ring may be epoxidized (as evidenced by Suresh, Synthesis, Structure, and Properties of Novel Polyols from Cardanol and Developed Polyurethanes, Fig. 1, Scheme 1) or alternatively, only a portion of the double bonds may be epoxidized (thus the hydroxyl group remains on the aromatic ring as in instant claim 5), reading upon the claimed “aromatic compound” of the claimed component h) or “carbon source”, Wang provides a clear teaching and/or suggestion of incorporating a “carbon source comprising an aromatic compound having along chain hydrocarbyl substituent having 1 to 3 double bonds and/or a tall oil fatty acid and optionally a bisphenol compound” as a “toughening agent” to thus improve toughening of the intumescent coating.
Hence, Wang clearly teaches a method of improving a low temperature performance of an intumescent coating applied to a substrate comprising steel including applying an intumescent coating composition to the substrate and curing the intumescent coating wherein the intumescent coating is formed from a composition comprising components reading upon each of the claimed components a) to h) and in contents reading upon and/or overlapping the claimed ranges as recited in instant claims 1, 3-7, 22, 23, and 25 given the overall contents taught by Wang for the components A and B and ratio thereof; provided as a multicomponent composition as in instant claims 8-9 and 11; that are mixed and applied to a steel substrate as in instant claims 1, 12, 16-17, and 23; to form a cured coating thereon that has improved low temperature performance as in instant claims 1 and 23, and has the ability to withstand the effects of high and low temperature cycles wherein drastic changes in ambient temperature will not cause the coating to crack or detach from the substrate as in the instantly claimed invention, such that the only differences between the instantly claimed invention as recited in instant claims 1, 3-9, 11-12, 16-17, and 23 are that Wang does not specifically teach that curing of the coating is for at least 24 hours as in instant claims 1 and 23 (Difference 1), that the curing promoter/accelerator comprises 2,4,6-tris(dimethylaminomethyl)phenol as in instant claims 1 and 23 (Difference 2), and is present at a content of 2-5wt% based on the total weight of the intumescent coating composition as in instant claim 1 (Difference 2A); and that the high and low temperature cycles include 40 cycles of exposure at -20°C for 12 hours followed by exposure at 40°C for 12 hours as in instant claims 1 and 23 (Difference 3).
However, with respect to Difference 1, given that the claimed invention does not require any specific curing temperature or other specific conditions such that a coated substrate stored or simply left at ambient for more than 24 hours would be considered “curing…for at least 24 hours”, and more particularly, given that curable epoxy coatings in the art are typically left for at least 24 hours before testing or use (as evidenced by Anderson, US2016/0160059A1, Examples, already of record), the Examiner takes the position that absent any clear showing of criticality and/or unexpected results, the claimed “at least 24 hours” would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention based upon the teachings of Wang.
With respect to Difference 2, given that Wang does not specifically limit the curing accelerator to any particular accelerator, and broadly teaches that suitable curing agents include diaminodiphenyl methane and m-phenylenediamine, e.g., aromatic polyamines, it would have been obvious to one having ordinary skill in the art before the effective filing date of the clamed invention to utilize any known, commercially available curing accelerator in the invention taught by Wang, and given that 2,4,6-tris(dimethylaminomethyl)phenol, an aromatic polyamine which is commercially available as ANCAMINE® K54, is a known, conventional epoxy curing agent/accelerator in the art as evidenced by the ANCAMINE® K54 Product Sheet, Difference 2 would have been obvious over the teachings of Wang given that it is prima facie obviousness to simply substitute one known element for another to obtain predictable results. Further, given that Wang teaches that the hardener, e.g., curing agent or curing system consisting of the curing agent and curing accelerator, is present in component B in a content of 10-50 parts by weight, and/or that the 2-15 parts of “additives” present in component B may include a curing accelerator as noted above; and given that the “Recommended Use Level” of ANCAMINE® K54 as an accelerator is 0.5-5 phr as taught by the ANCAMINE® K54 Product Sheet, the Examiner takes the position that absent any clear showing of criticality and/or unexpected results, the instantly claimed 2-5 wt%, based on the total weight of the intumescent coating composition, of a curing promoter comprising the 2,4,6-tris(dimethylaminomethyl)phenol (Difference 2/2A) as recited in instant claim 1 would have been obvious over the teachings of Wang in view of the ANCAMINE® K54 Product Sheet.
Lastly, with respect to Difference 3, it is again noted that Wang clearly teaches that the intumescent coating has the ability to withstand the effects of high and low temperature cycles and that drastic changes in ambient temperature will not cause the coating to crack or detach from the substrate, wherein the coating is particularly suitable for protecting indoor and outdoor steel as discussed above, and although Wang does not specifically teach that the high and low temperature cycles include 40 cycles of exposure at -20°C for 12 hours followed by exposure at 40°C for 12 hours as in instant claims 1 and 23, given that standard testing for weathering of intumescent coatings is known to include similar freeze-thaw testing cycles as instantly claimed (as established on the record as evidenced by Mariappan), and that the intumescent coating composition taught by Wang comprises the same components and in contents as in the instantly claimed invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect the method of applying and curing the intumescent coating composition as taught by Wang in view of the ANCAMINE® K54 Product Sheet to exhibit similar temperature performance properties. Hence, absent any evidence to the contrary and/or any clear showing of criticality and/or unexpected results, the Examiner takes the position that the claimed invention as recited in instant claims 1, 3-9, 11-12, 16-17, and 23 would have been obvious over the teachings of Wang in view of ANCAMINE® K54 Product Sheet given that it is prima facie obviousness to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success.
With respect to instant claims 13-14, as noted above, Wang clearly teaches that the intumescent coating can be applied to surfaces of steel, both indoors and outdoors (Paragraphs 0002 and 0073-0074), and although Wang does not specifically teach that the steel substrate is cleaned and/or degreased prior to applying the intumescent coating composition to the substrate as in instant claim 13, nor that the steel substrate comprises one of the steel materials as recited in instant claim 14, given that cleaning any substrate prior to coating is an obvious method step in the art as established on the record, and that the claimed types of steel are obvious species of steel in the art encompassed by “steel” as taught by Wang and/or would have been obvious to one skilled in the art before the effective filing date of the claimed invention given that it is prima facie obviousness to simply substitute one known element for another to obtain predictable results, the Examiner takes the position that the claimed invention as recited in instant claims 13-14 would have been obvious over the above teachings of Wang in view of ANCAMINE® K54 Product Sheet.
With respect to instant claim 15, given that Wang does not specifically limit the thickness of the intumescent coating film to be applied to the steel substrate, it would have been obvious to one having ordinary skill in the art before the effective filing date to determine the optimum thickness for a particular end use of the intumescent coating, wherein given that thicknesses within the claimed range are typical in the art, as established on the record, the Examiner takes the position that absent any clear showing of criticality and/or unexpected results, the claimed invention as recited in instant claim 15 would have been obvious over the teachings of Wang in view of ANCAMINE® K54 Product Sheet.
Claims 21-22 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of ANCAMINE® K54 Product Sheet as applied to claims 1, 3-9, 11-17, and 23 above, and further in view of Ward (USPN 4,529,467, already of record). The teachings of Wang in view of the ANCAMINE® K54 Product Sheet are discussed in detail above and incorporated herein by reference, and although Wang teaches that the composition may comprise epoxidized soybean oil, hydrogenated castor oil, etc., as a “modified resin” component to improve flexibility of the intumescent coating film (Paragraphs 0035-0035); and/or epoxidized cashew phenol, epoxidized soybean oil, hydrogenated castor oil, etc. as a toughening agent (Paragraph 0071), Wang does not teach that the intumescent coating includes tall oil fatty acid as recited in instant claims 21-22 and 24-25. However, given that in general tall oil, like soybean oil and castor oil, is a plant oil that similar to soybean oil and/or castor oil is also known to be utilized as a renewable source additive in the art (as evidenced by Pryde, Industrial Chemical Uses of Polyunsaturated Fatty Acids, Entire document, particularly Table VII), including as a plasticizer, flexibilizer and/or toughening agent (as evidenced by Dearlove, USPN 4,383,060, Col. 5, line 65 – Col. 6, line 12; or Braithwaite, Jr., USPN 4,443,520, Col. 3, lines 48-65; or Ichino, JP2015010101A, Paragraph 0080 of attached machine translation; or Beisele, USPN 6,638,567, Col. 3, lines 1-21), wherein tall oil naturally contains a mixture of fatty acids; and given that Ward specifically teaches a similar two-component epoxy intumescent coating composition as in Wang, wherein working examples include tall oil fatty acid as an ingredient in the epoxy component or component A of Ward (as also in the claimed invention), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include tall oil fatty acid as a renewable additive in the intumescent coating taught by Wang in view of the ANCAMINE® K54 Product Sheet given that it is prima facie obviousness to combine prior art elements according to known methods to yield predictable results and/or prima facie obviousness to simply substitute one known element for another to obtain predictable results. Further, given that the added tall oil fatty acid would also function as a “carbon source” as in the instantly claimed invention, the Examiner takes the position that absent any clear showing of criticality and/or unexpected results, the claimed invention as recited in instant claims 21-22 and 24-25 would have been obvious over the teachings of Wang in view of the ANCAMINE® K54 Product Sheet and in further view of Ward.
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but are moot in view of the new grounds of rejection presented above.
Any objection or rejection from the prior office action not restated above has been withdrawn by the Examiner in light of Applicant’s claim amendments and arguments filed 12/29/2025, and given the abandonment of Appl. No. 16/623083, the obviousness-type double patenting rejection as recited in Paragraph 21 of the prior office action has been rendered moot.
Citation of pertinent prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhang (CN106479314A, machine translation also attached) discloses a steel structure coated with an epoxy composition wherein the epoxy composition includes both cardanol and tall oil as additives.
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 MONIQUE R JACKSON whose telephone number is (571)272-1508. The examiner can normally be reached Mondays-Thursdays from 10:00AM-5:00PM.
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/MONIQUE R JACKSON/Primary Examiner, Art Unit 1787
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