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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/06/2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 16-20 and 22-30 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,173,515 to Von Bonin et al. in view of U.S. Patent Pub. No. 2013/0203936 to Fujita et al. and U.S. Patent Pub. No. 2011/0006579 to Hannig et al.
As to claims 16-20, 22, 25-28, Von Bonin discloses a polyurethane foam comprising the reaction product of 38% by weight of a base polyol component comprising polyol 1 that has an OH number of 56 and a polyol 3 that has an OH number of 550 (Example 9), 2 to 30% by weight of a phosphorus polyol component, a polyisocyanate, and fire retardant elements from 1 to 50% by weight of expandable graphite particles (Examples, Table).
Von Bonin does not expressly teach a phosphorus containing polyol with the claimed OH values and molecular weights.
However, Fujita discloses a phosphorus containing polyol represented by the following:
PNG
media_image1.png
160
502
media_image1.png
Greyscale
Wherein in preferred embodiments, R1 is propylene, n is 3-6, and m =2. The hydroxyl value is 335 (0086) and the molecular weight within preferred embodiments is 788 when n = 5 or within a range of 235 to 1430 g/mol. At the time of filing it would have been obvious to a person of ordinary skill in the art to substitute the phosphorus containing polyol of Von Bonin with the phosphorus containing polyol of Fujita because they are taught as suitable in analogous polyurethane condensation reactions and the polyol of Fujita maintains an essential balance between flexibility and flame retardance of the polyurethane foam (0024-0025).
Von Bonin discloses a content of expandable graphite, but does not expressly disclose a content of the entire polyurethane foam.
However, within the same field of endeavor Hannig discloses wherein expandable graphite comprises 5 to 30% by weight of a surface region of the polyurethane foam layer (0048), and particularly 18% by weight wherein the surface region has a density that ranges from 10 to 800 kg/m3 (0050).
At the time of filing it would have been obvious to a person of ordinary skill in the art to maintain the content of expandable graphite within the claimed ranges as taught in Hannig in the polyurethane foam region of Von Bonin to balance properties relating to flame-retardance and layer thickness (0049).
With regards to UL-94 test, the polyurethane foam of Von Bonin containing the same reactants and flame retardants would have the claimed V0 rating. If it is the applicants’ position that this would not be the case: (1) evidence would need to be provided to support the applicants’ position; and (2) it would the Office’s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients.
As to claims 23-24 and 29, Von Bonin discloses the addition of 2 to 30 wt% of amine salts such as melamine cyanurate (4:2, 4:32-33).
As to claim 30, Von Bonin and Hannig disclose polyurethane foams within the claimed densities that have the same corresponding flame retardant properties. The use as a battery compression pad is not disclosed. However, this different feature is a matter of design option for the use of fire resistant polyurethane foams.
Accordingly, it would have been obvious to use the polyurethane of Von Bonin in a battery compression pad end use product because the prior art polymer and properties as claimed are the same and the prior art product would be capable of performing as a battery compression pad.
Response to Arguments
Applicant’s arguments with respect to claim(s) 16-20 and 22-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new secondary reference that discusses the importance in content of expandable graphite is being used.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L LEONARD whose telephone number is (571)270-7450. The examiner can normally be reached M - F 7:00-4:00.
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, Joseph Del Sole can be reached at 571-272-1130. 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.
/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763
Prosecution Insights