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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, claims 1 – 9, in the reply filed on November 03, 2025, is acknowledged.
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 03, 2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 21, 2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
In this case, the title as filed in the documents: Application Data Sheet, Oath or Declaration filed, Power of Attorney, and Assignment By Inventor(s) of U.S. Patent Application, filed March 21, 2024, designates the title of the invention as:
“ORGANIC GEL PAHSE CHANE MATERIAL WITH DOUBLE CROSSLINKED NETWORK AND PREPARATION METHOD”.
However, throughout the Specification, as well as in the originally filed claim set, the Applicant describes the invention as a preparation method of an organic gel phase change material with a double crosslinked network (e.g., as in originally filed claim 1). The Examiner is under the impression that the designated title in the above referenced filed documents is a typographical error, based on the record (e.g., Specification and claim set).The following title is suggested:
“ORGANIC GEL PAHSE CHANGE MATERIAL WITH DOUBLE CROSSLINKED NETWORK AND PREPARATION METHOD.”
As per MPEP 323.01(b): “Typographical Errors in Recorded Assignment Document”
If there is an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet, the party responsible for an erroneous document (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it. If an assignor is not available to correct an original document or execute a new one, the assignee may submit an affidavit or declaration in which the assignee identifies the error and requests correction. The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41 ). See In re Abacab International Computers Ltd., 21 USPQ2d 1078 (Comm’r Pat. 1987).
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 – 9 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.
Claim 1, step S2 in lines 8-9 recites “adding into a melted organic phase change material obtained in step S1”. For proper antecedent, the claim should be amended to - - adding into the melted organic phase change material obtained in step S1 - -.
Claim 1, step S2 in lines 9-10, as well as step S3 in lines 13-14, recites “stirring until they are completely dissolved”. The word “they” renders the claim vague and indefinite, since it is not clear what the scope of the word “they” encompass, e.g., it is not clear if other elements other than organic phase change material and the elastomer gel material are part of the scope envisioned by the Applicant for the word “they”. Clarification is required.
Claim 1, step S5 in lines 19-20 recites “then UV curing treatment”. The wording seems to be grammatically incorrect and makes it unclear if the UV curing treatment is performed on the organic gel phase change material. The claim should be amended as e.g., - -then performing a UV curing treatment- -.
The term “long-chain fatty acid ester” in claim 2 is a relative term which renders the claim indefinite. The term “long-chain” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case, the extent of organic phase change materials the Applicant envision as having a “long-chain fatty acid ester” is relative to Applicant’s interpretation rendering the scope of protection indefinite.
The term “small molecular compound” in claim 7 is a relative term which renders the claim indefinite. The term “small molecular compound” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case, there is no way of ascertaining the scope of materials the Applicant’s envisions as comprising “small molecular compound”.
The term “high melting point organic matter” in claim 9 is a relative term which renders the claim indefinite. The term “high melting point” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case, whether a material melting point comprises a high melting point is a subjective observation/consideration that cannot be made in a vacuum. That is, a nucleating agent could be said to have a high melting point when compared to a reference material having a different lower melting point. However, it is still unclear what Applicant’s envisions as the scope of a material with high melting point. It is also noted that material properties such as melting point are dependent and/or are influenced by variables such as material purity, hence a case wherein multiple samples of the same nucleating agent varying in its composition/purity, could present diverging melting points.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 – 5, 7 – 9 are rejected under 35 U.S.C. 103 as being unpatentable over FORMATO (US 2021/0269582 A1), in view of ZHANG et al. (CN 117304879 A), and Trifu et al. (US 2018/0079944 A1).
Regarding claim 1. Formato teaches a preparation method of an organic gel phase change material with a double crosslinked network [0056], comprises the following steps:
S1. weighing 78.23% wt. to 81.46% wt. (e.g., see TABLE 5) of an organic phase change material (PCM), overlapping with the claimed range of from 80.2-94.4 parts by weight ([0045]-[0048], TABLE 1), heating and stirring at a temperature of 10 ℃ higher than a phase change temperature of the organic phase change material (see [0018], e.g., [0068] Example 4 n-hexacosane PCM was liquified by heating to 70 ℃, TABLE 1 discloses n-hexacosane melting point is around 56.4 ℃), melting completely into a transparent liquid (see [0059], [0068]);
S2. weighing 7% wt. to 18% wt. of an elastomer gel material, overlapping with the claimed range of from 5-18 parts by weight ([0049]-[0053], TABLES 2 and 3), adding into a melted organic phase change material obtained in step S1 in batches, heating and stirring until they are completely dissolved into a uniform viscous liquid;
S3. weighing 0.1% wt. to 10% wt. of a crosslinking agent, overlapping with the claimed range of from 0.5-1.5 parts by weight [0054],
0.01% wt. to 0.5% wt. of an UV initiator, overlapping with the claimed range of from 0.05-0.15 parts by weight [0055], and
sequentially adding them to the uniform viscous liquid obtained in step S2, stirring until they are completely dissolved [0058]-[0060];
S4. pouring the uniform viscous solution obtained in step S3 into a shaping mold maintaining a temperature 10 ℃ higher than the phase change temperature thereof (see [0068] “Samples were made by pouring the heated final mixture into a (heated) mold of the desired shape, and exposed to radiation while ensuring the n-hexacosane remained in its liquid state.”, and [0058]-[0060]), cooling completely to obtain an organic gel phase change material with a single crosslinked network [0017], [0058]-[0059], [0068], [0075];
then UV curing treatment to finally obtain the organic gel phase change material with a double crosslinked network [0041], [0057], [0061].
[0060] Heating the second mixture above 40° C may be required depending on the melt temperature of the hydrophobic phase change material.
[0068] The final mixture was kept at 65° C, in a heated oven which was shielded from UV/visible light.
Formato is silent to the preparation method comprising weighing 0.05-0.15 parts by weight of a nucleating agent, and a step S5 of performing a vacuum treatment on the organic gel phase change material with a single crosslinked network obtained in step S4.
In the same field of endeavor of preparation methods for organic phase change materials, Zhang et al. teaches a phase-change composite material, which is prepared by the following raw materials by weight: organic phase change material 4-7 parts, regulator 2-4 parts, cross-linking agent 0.05-0.1 parts, nucleating stabilizing agent 0.05-0.1 parts [overlapping with the claimed range of from 0.05-0.15 parts by weight of nucleating agent], heat-conducting reinforced framework material 0.5-1 parts. (Zhang et al. lines 50-54). Zhang et al. discloses that “the nucleating stabilizing agent can promote the crystallization of the phase change material to be stable, so that the phase change composite material has adjustable phase change temperature interval, high heat storage density and low super-cooling performance” (Zhang et al. lines 78-85). Overlapping ranges are prima facie evidence of obviousness.
Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify in the same way the preparation method of an organic gel phase change material with a double crosslinked network of Formato with a nucleating agent, as suggested by Zhang et al., by having selected the portion of Zhang et al. nucleating agent composition range that corresponds to the claimed range. In re Malagari, 184 USPQ 549 (CCPA 1974). See MPEP § 2144.05 (I). One having ordinary skill in the art would have been motivated to modify the preparation method of Formato by adding the nucleating agent, as suggested by Zhang et al. for the purpose of e.g., promoting the crystallization of the phase change material to be stable, so that the phase change composite material has adjustable phase change temperature interval, high heat storage density and low super-cooling performance, as taught by Zhang et al. lines 78-85. MPEP 2143 (I)(G).
In the similar field of endeavor of methods for producing aerogel compositions by coating an aerogel composition with PCM materials (phase change materials), by forming particle mixtures with PCM materials, or by confining PCM materials within the porous network of an aerogel composition (Abstract), Trifu et al. [0073] teaches that “the phase change material can also be confined in the porous network within the gel framework of the gel composition. In certain embodiments, the PCM material is infiltrated into the framework of the gel material after the gel-forming materials are transitioned into the gel material (post-gelation infiltration). Post-gelation infiltration can be conducted by using vacuum or high pressures to infiltrate and spread the PCM materials through the porous network of the gel.”
Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify in the same way the preparation method of an organic gel phase change material with a double crosslinked network of Formato/Zhang with a step S5 of performing a vacuum treatment on the organic gel phase change material with a single crosslinked network obtained in step S4, as suggested by the prior art of Trifu et al., for the purpose of providing the preparation method with a post-gelation infiltration capable of confining the phase change material in the porous network within the gel framework of the gel composition, as taught by Trifu et al. [0073]. See MPEP 2143 (I) (G).S
Regarding claim 2. Formato/Zhang/Trifu teaches the preparation method of an organic gel phase change material with a double crosslinked network according to claim 1, wherein the organic phase change material is a mixture of one or more of a linear fatty alkane, unitary fatty alcohol, unitary fatty acid, and long-chain fatty acid ester (see Formato [0045]-[0048]).
Regarding claim 3. Formato/Zhang/Trifu teaches the preparation method of an organic gel phase change material with a double crosslinked network according to claim 1, wherein the elastomer gel agent material is a mixture of one or more of a styrene block copolymer, polyolefin elastomer, ethylene propylene diene monomer and cis-1,4-polybutadiene rubber (see Formato preparation method of an organic gel phase change material with a double crosslinked network according to claim 1, wherein the elastomer gel agent material is a mixture of one or more of a styrene block copolymer, polyolefin elastomer, ethylene propylene diene monomer and cis-1,4-polybutadiene rubber (see Formato [0049]-[0053]).
Regarding claim 4. Formato/Zhang/Trifu teaches the preparation method of an organic gel phase change material with a double crosslinked network according to claim 3, wherein the styrene block copolymer is a mixture of one or more of a styrene butadiene styrene block copolymer, styrene isoprene styrene block copolymer, styrene ethylene/butylene styrene block copolymer, and styrene ethylene/propylene styrene block copolymer (see Formato [0049]-[0053]).
Regarding claim 5. Formato/Zhang/Trifu teaches the preparation method of an organic gel phase change material with a double crosslinked network according to claim 1, except for specifically disclosing, except for specifically disclosing, wherein a heating temperature in step S2 is 80-100°C.
However, Formato [0060] discloses that “Heating the second mixture [analogous to the claimed elastomer gel material] above 40°C may be required depending on the melt temperature of the hydrophobic phase change material.” Additionally, Zhang et al. discloses “S1, weighing the organic phase change material, the regulator, the cross-linking agent and the nucleating stabilizing agent according to the proportion, pouring into a high-temperature reaction kettle, stirring and mixing, heating and dissolving at 120-150 degrees centigrade, keeping the temperature until the mixture is transparent, and obtaining the transparent mixed solution”. (Zhang et al. lines 66-69). Zhang et al. further discloses heating Example 1 to 120 °C, results in an organic gel phase change material with a phase change temperature of 82 °C; in Example 2 the mix was heated to 130 °C, resulting in a phase change temperature of 95 °C, and in Example 3 the mix was heated to 150 °C, resulting in a phase change temperature of 130 °C.
As the phase change temperature of the organic gel phase change material is a variable that can be modified, among others, by adjusting the said heating temperature of the elastomer gel material mix, with said phase change temperature increasing as the heating temperature is increased, as suggested by Zhang et al., the precise heating temperature in step S2 would have been considered a result effective variable by one having ordinary skill in the art before the time the invention was effectively filed. As such, without showing unexpected results, the claimed heating temperature in step S2 cannot be considered critical.
Accordingly, one of ordinary skill in the art before the time the invention was effectively filed would have optimized, by routine experimentation, the heating temperature of step S2 in the method of Formato/Zhang/Trifu to obtain the an organic gel phase change material with the desired phase change temperature(In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 7. Formato/Zhang/Trifu teaches the preparation method of an organic gel phase change material with a double crosslinked network according to claim 1, wherein the crosslinking agent is a bifunctional or multifunctional small molecular compound (see Formato [0058]).
Regarding claim 8. Formato/Zhang/Trifu teaches the preparation method of an organic gel phase change material with a double crosslinked network according to claim 1, wherein the UV initiator is a mixture of one or more of dibenzoyl (Formato [0055]), alkylphenylketones (Formato [0055]), and benzoyl phosphine oxide (Formato TABLE 7).
Regarding claim 9. Formato/Zhang/Trifu teaches the preparation method of an organic gel phase change material with a double crosslinked network according to claim 1, wherein the nucleating agent is a high melting point organic matter (e.g., Zhang et al. polyvinylpyrrolidone1 nucleating agent, Zhang et al. line 60).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over FORMATO (US 2021/0269582 A1), in view of ZHANG et al. (CN 117304879 A), and Trifu et al. (US 2018/0079944 A1), as applied to claim 5 above, and further in view Formato et al. (US 2014/0290285 A1; “US’285”).
Regarding claim 6. Formato/Zhang/Trifu teaches the preparation method of an organic gel phase change material with a double crosslinked network according to claim 5, except for explicitly disclosing, wherein the heating temperature in step S2 is lower than a flash point of the organic phase change material.
In the same field of endeavor of organic gel phase change materials, the phase-change material may be n-tetradecane, n-hexadecane or mixtures thereof. The gelling agent may be a high molecular weight styrene-ethylene-butylene-styrene (SEBS) triblock copolymer (Abstract), US’285 teaches at [0023] “heating the non-homogeneous mixture to a second temperature that is below the flash point of the phase-change material and at which a viscoelastic liquid is formed”, see US’285 [0157].
Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the preparation method of Formato/Zhang/Trifu, wherein the heating temperature in step S2 is lower than a flash point of the organic phase change material, as suggested by US’285, for the purpose of e.g., avoiding unwanted evaporation of the phase-change material, since "The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results." KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 82 USPQ2d 1385 (2007). See MPEP 2143 (I) (A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Li (CN-112940686-A), teaches providing an organic phase change heat storage material, the organic phase change heat storage material comprises the following components in parts by weight: 80 to 97 parts of organic phase change material, 1 to 15 parts of oxidation inhibitor, 1 to 5 parts of thickening agent, 1 to 5 parts of nucleating agent, 0.1 to 5 parts of reinforced heat conducting material. (Li lines 56-60).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDGAREDMANUEL TROCHE whose telephone number is (571)272-9766. The examiner can normally be reached M-F 7:30-5:30.
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/EDGAREDMANUEL TROCHE/Examiner, Art Unit 1744
/JEFFREY M WOLLSCHLAGER/Primary Examiner, Art Unit 1742
1 Polyvinylpyrrolidone Property Melting point: >300 °C; 9003-39-8 CAS MSDS (Polyvinylpyrrolidone) Melting Point Boiling Point Density CAS Chemical Properties