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 .
Claim Objections
Claims 3 and 14 are objected to because of the following informalities:
it is suggested Claim 3 be amended to recite “5,000 g/mol, as determined by gel permeation chromatography (GPC)”;
for clarity, it is suggested “and blowing agents comprising water” in Claim 14 be relocated to appear earlier in the claim, e.g. at the end of the list of the ingredients in the composition and before the definition of the moieties of the general formula for the polymeric amines (d).
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 1 – 13 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 because
There is a lack of antecedent basis for “the” polyurethane set forth in line 11 of Claim 1, as well as in Claims 9 – 11. It is unclear to which of the polyurethanes recited in the preamble this phrase refers. For the purposes of examination, “the” polyurethane set forth in each instance in the aforementioned claims will be interpreted as referring to the polyurethanes.
As Claims 2 – 8, 12, and 13 all ultimately depend on Claim 1, they incorporate the subject matter thereof and are consequently also rejected under this statute.
There is additionally a lack of antecedent basis for W set forth in Claim 2. It is unclear which W(s) in the general formula are being referred to in the claim. For the purposes of examination, Claim 2 will be interpreted as setting forth W in each instance represents propylene or butylene.
There is also a lack of antecedent basis for “the” isocyanate-reactive group(s) recited in Claim 7. The claims do not expressly set forth the incorporable catalyst comprise isocyanate-reactive group(s) prior to this recitation. For the purposes of examination, Claim 2 will be interpreted as setting forth the incorporable catalysts employed are compounds which comprise one or more isocyanate-reactive groups and one or more tertiary, aliphatic amino groups.
There is further a lack of antecedent basis for “the” incorporable catalyst set forth in Claim 8. It is unclear to which of the initially recited incorporable catalysts (plural) this phrase in Claim 8 refers. For the purposes of examination, Claim 8 will be interpreted as setting forth the incorporable catalysts.
Claim 13 is additionally indefinite. Claim 13 sets forth a method of using the polyurethane according to claim 12, the method comprising using the polyurethane in enclosed spaces. The claim does not then set forth any particular steps as to how this use is practiced. For the purposes of further examination, Claim 13 will be interpreted as “A method comprising providing the polyurethane in an enclosed space.”
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.
Claim 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0369035 to Burdeniuc et al. (hereinafter Burdeniuc).
Regarding Claim 14. Burdeniuc teaches a composition comprising at least one polyol, wherein polyols are polymeric compounds having isocyanate-reactive groups; at least one amine catalyst; and at least two aldehyde scavengers [0092]. One of the aldehyde scavengers corresponds to
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and another one may correspond to:
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[0118].
These compounds then correspond to polymeric amineS of the instantly claimed general formula in which W is a linear chain hydrocarbon having 3 carbon atoms, each R is hydrogen, H represents a hydrogen atom and N represents a nitrogen atom, l is 1 or 2, and m and n are zero and therefore Q and S are absent. As these compounds each correspond to single, uniform molecules, they will also have only one molecular weight and therefore a polydispersity of 1.
Allowable Subject Matter
Claims 1 – 13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach or suggest a process for producing polyurethanes comprising mixing all of the instantly claimed ingredients, including polymeric amines having the general formula H-2N-W-NR-[W-NR]l-[Q-NR]m-[S-NR]n-W-NH2 and a polydispersity of at least 1.2.
US 2020/00231806 to Nishikita et al., US 2021/0122869 to Michaud et al., and US 2016/0369035 to Burdeniuc et al. (hereinafter Burdeniuc) correspond to the closest prior art. Each of these references teaches a process for producing polyurethanes comprising mixing a polyisocyanate, polymeric compounds having isocyanate-reactive groups, and polymeric amines. However, while Nishikita and Michaud do teach the concept of providing polyethyleneimines as the polymeric amines, they do not expressly describe the structure thereof and are silent regarding to their polydispersity. The polymeric amines of Nishikita and Michaud do not then necessarily correspond to the polymeric amines of the instantly claimed general formula and which have a polydispersity of at least 1.2. Additionally, as detailed in the rejection of Claim 14 under 35 U.S.C. 103 above, Burdeniuc teaches various polymeric amine compounds which do correspond to polymeric amines of the instantly claimed general formula but have an expected polydispersity of 1, which is outside the instantly claimed range. Further, no other prior art reference provides the necessary teaching or guidance which would lead a person of ordinary skill in the art to modify Nishikita, Michaud, and/or Burdeniuc in the manner necessary to arrive at the instantly claimed invention.
Notice of References Cited (PTO-892)
The art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2016/0304685 and US 2019/0040254 teach the use of polyamines as aldehyde scavengers in polyurethane foams.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELISSA RIOJA whose telephone number is (571)270-3305. The examiner can normally be reached Monday - Friday 10:00 am - 6:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Lanee Reuther can be reached at (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MELISSA A RIOJA/Primary Examiner, Art Unit 1764
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