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
Applicant's election with traverse of Group I. in the reply filed on 7/7/2026 is acknowledged. The traversal is on the ground(s) that the surfactants and showings of effects are not disclosed by WO 2019/122667. This is not found persuasive because holding is maintained and its positions have not been addressed or identified distinctions been associated with the special technical feature identified.
The requirement is still deemed proper and is therefore made FINAL.
Claims 14 & 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected grouping of invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/7/2026.
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) 1-13 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/122667 in view of JP 2017-115053.
WO 2019/122667 describes a method for producing a thermosetting polyester foam including a step of forming a polyester oligomer/prepolymer by reacting a polyol component containing sugars as claimed with a polycarboxylic acid component, including citric acid and aconitic acid [note: claim 20] under mechanical stirring, a step of obtaining a thermosetting foamable composition by blending a surfactant, including anionic and cationic surfactants, with the polyester oligomer, a step of introducing the thermosetting foamable composition into a mold, and a step of producing a thermosetting polyester foam by heating and curing the thermosetting foamable composition at a certain temperature for a certain period of time, and describes that the surfactant functions to make the pores of the foam small and uniform and to reduce the density {see Abstract, Claims, paras [0009],[0015]-[0043],[0061]-[0067], [0076]-[0086],[0090]-[0107], and the Examples}. WO 2019/122667 does not particularly identify that its polyester oligomer/prepolymers have degrees/extents of polymerization as claimed. However, owing to the closeness of the material make-ups and polymerization conditions involved, it is held that it would necessarily follow that the oligomers of WO 2019/122667 would have extents of polymerization to the degrees as claimed.
WO 2019/122667 differs from applicants’ claims in that it does not disclose the inclusion of ampholytic surfactants as claimed and in amounts as claimed. However, JP 2017-115053 discloses employment of these surfactants in the making of closely related foam products to those of the instant concern for the purpose of imparting their recognized foaming effects {see paras [0017], [0035], [0036], [0039]-[0044], [0050] and [0067], Examples and Tables}. Accordingly, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have utilized any of the surfactants of JP 2017-115053 in any amount as provided for by JP 2017-115053 in the processes of WO 2019/122667 for the purpose of imparting their recognized foaming effects in order to arrive at the processes of applicants’ claims with the expectation of success in the absence of a showing of new or unexpected results. Further, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have utilized any of the surfactants of the combination of WO 2019/122667 and JP 2017-115053 in any amount as provided for by their combined disclosures in the processes of WO 2019/122667 for the purpose of imparting their recognized surfactant/foaming effects in order to arrive at the processes of applicants’ claims with the expectation of success in the absence of a showing of new or unexpected results.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Allison et al. is cited for its disclosure of relevant surfactants of the instant concern in relevant polymer preparation in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Cooney whose telephone number is 571-272-1070. The examiner can normally be reached on M-F from 9 to 6. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Heidi Riviere Kelley, can be reached on 571-270-1831. 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.
/JOHN M COONEY/Primary Examiner, Art Unit 1765
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