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 without traverse of Group I. in the reply filed on 7/20/2026 is acknowledged.
Claims 8-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected grouping of invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/20/2026.
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(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2008 088356.
JP 2008 088356 discloses flame retardant polyurethane foams prepared from isocyanate and polyester polyols based on phthalic acid (o-PA) and isophthalic acid (iso-PA) and diethylene glycol (DEG), including those having hydroxyl value of 200 mgKOH/g [note: claim 5] {see abstract, paras [0038], Examples, including Example 6 and Tables, as well as translation included herewith}. Though JP 2008 088356 does not recite FRI, TSI, WR600 [note: claim 3], and/or THR, TSR and/or T50 [note: claim 4] values as defined by the claims, owing to the closeness of the material make-ups involved and the fact that JP 2008 088356 is directed towards products having good flammability behaviors, it is held that the FRI, TSI, WR600, THR, TSR and/or T50 values as defined by applicants’ claims are inherently met by JP 2008 088356. Regarding claim 6, since the polyol of JP 2008 088356 is not required to have an OH value of 250, the features recited by this claim are not required to meet the limitations of this claim in any patentable sense. Regarding claim 7, this claim is reciting a product-by-process feature associated with a reactant used in making the foam of the instant concern. Accordingly, it is not seen to distinguish the finally formed product in any patentable sense. However, even to the degree that significance is associated with the behavior of reactants as set forth by this claim, owing to the closeness of the material make-ups of the polyester polyol defined by JP 2008 088356, it is held that the behaviors of this reactant as defined by this claim would be inherently met by JP 2008 088356.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wei et al. and Hermann et al. are cited for their disclosure of relevant preparations of fire retardant polyurethane foam products 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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