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 .
DETAILED ACTION
This Office action is based on the 18/695505 application originally filed March 26, 2024.
Amended claims 1-15, filed March 26, 2024, are pending and have been fully considered.
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) 1-4, 6-10 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bardsley et al. (US 2018/0215983) hereinafter “Bardsley” in view of Han et al. (CN 113198399 A) hereinafter cited under English Translation “Han”.
Regarding Claims 1-4, 6-10 and 13
Bardsley discloses in paragraph 0002, capsule manufacturing processes and microcapsules produced by such processes, and more particularly a process for forming microencapsulated phase change materials and an improved article based on such microcapsules.
Bardsley discloses in paragraph 0018, a microencapsulated phase change material. Bardsley discloses in paragraph 0019, the microencapsulated phase change material comprises a particle comprising a core material and a wall material that surrounds the core material.
Bardsley discloses in paragraph 0020, the particle's core material can comprise a material selected from the group consisting of 50 to 97 wt % of a methyl ester derived from palm oil, and from 0.1 to 20 wt % of a straight chain alkane based on total weight of the core. The core can include in addition from 0.1 to 25 wt % of a wax. The wax can be selected from the group of waxes consisting of alkane wax, polyethylene wax, carnauba wax, candelilla wax, vegetable wax, beeswax and paraffin wax. Bardsley discloses in paragraph 0026, the particle is comprised of at least 1 wt % of core material. In another aspect, the particle is comprised of from about 20 to about 95 wt % or even to about 99% of a core material, or even from about 50 to about 99 wt % of a core material.
Bardsley discloses in paragraph 0029, the microencapsulated phase change material can comprise a core with the phase change material comprising a blend of methyl palmitate, octacosane and alkane wax, or optionally octadecane. The phase change material can comprise from 50 to 95 wt % of methyl palmitate; from 0 to 10 wt %, or even to 20 wt %, of octacosane; and from 0 to 30 wt %, or even to 40 wt %, of polyethylene wax. Alternatively, the phase change material can comprise from 55 to 95 wt % of methyl palmitate; from 0.1 to 10 wt % of octacosane; and from 0 to 30 wt % of one or more additional phase change materials other than methyl palmitate and octacosane, wherein the weight percent of the individual phase change materials is based on the total weight of the phase change material.
Bardsley discloses in paragraph 0030, a composition comprising particles of a microencapsulated phase change material, the particles comprising a core and a shell that encapsulates the core, the shell comprising a polyurea obtained by polymerizing an isocyanate and an amine monomer, prepared by (i) providing a water phase with an emulsifier, (ii) providing an internal phase of a core material and a multifunctional isocyanate soluble or dispersible in the internal phase, (iii) adding the internal phase to the water phase under high speed agitation to form an emulsion comprising droplets of the internal phase dispersed in the water phase, (iv) adding a multifunctional amine monomer to the emulsion thereby forming an initial polyurea shell at an interface of the internal phase droplets and water phase mixture, and v) continuing reaction of the amine monomer and water with the multifunctional isocyanate monomer forming additional polyurea shell. Bardsley further discloses in paragraph 0082, a water phase is provided with amine catalyst and emulsifier. An internal phase of phase change material and multifunctional isocyanate is added to the water phase using high shear agitation to mill the emulsion to desired droplet size. A multifunctional amine monomer is then added to the oil in water composition. This second step enables forming shells where the weight of the shell as compared to the weight of the formed microcapsules exceeds 1% by weight, or even 3% by weight, or even 10% by weight.
Bardsley discloses in paragraph 0031, in one aspect, in step (i), the water phase comprises, in addition, an amine catalyst or an amine catalyst is added to the emulsion. In step v) or in an additional step vi), sufficient time is allowed to continue reaction of the amine catalyst and water with the multifunctional isocyanate monomer forming additional polyurea shell at the interface. The composition has a low residual content of free amine monomer relative to the weight of the particles of the microencapsulated phase change material. The amount of each free amine monomer of the composition of the particles of microencapsulated phase change material equals 3% or less, or even 2% or less, or even 1% or less, or even 0.5% or less, or even 0.1% or less by weight as compared to the weight of the microcapsules. The composition also has a low residual content of free isocyanate monomer. The test method measures the isocyanate residuals in the core of the microencapsulated phase change material. The amount of each free isocyanate monomer of the microencapsulated phase change material equals 3% or less, or even 2% or less, or even 1% or less, as compared to the weight of the microcapsules.
Bardsley discloses in paragraph 0033, the amine monomer is a multifunctional amine, selected from diethylene triamine, triethylene triamine, 1,6-diamine-n-hexane and hexomethylene diamine. Bardsley discloses in paragraph 0074, multifunctional amine monomers useful in the invention include aliphatic, primary or secondary polyamines, and for purposes hereof also include di- or tri-amines, including but not limited to: ethylene-1,2-diamine, bis(3-aminopropyl)amine, N-methyl-bis(3-aminopropyl)amine, diethylenetriamine, triethylenetriamine, hydrazine-2-ethanol, bis(2-methylaminoethyl)methylamine, 1,4-diaminocyclohexane, 3-amino-1-methyl-aminopropane, N-hydroxyethylethylenediamine, N-methyl-bis(3-aminopropyl)amine, 1,4-diamino-n-butane, 1,6-diamino-n-hexane, ethylene-1,2-diamine-N-ethyl-sulphonic acid (as an alkali metal salt), hexamethylenediamine, hydrazine hydrate, 4,4′-diphenylmethanediamine, triethanolamine 1-aminoethylene-1,2-diamine, bis(N, N′-aminoethyl)ethylene-1,2-diamine, propylenediamine, tetraethylenepentaamine, pentamethylene hexamine, alpha, omega-diamines, propylene-1,3-diamine, tetramethylenediamine, pentamethylenediamine and 1,6-hexamethylenediamine polyethyleneamines, pentaethylenehexamine, 1,3-phenylenediamine, 2,4-toluylenediamine, 4,4′-diaminodiphenylmethane, 1,5-diaminoaphthalene, 1,3,5-triaminobenzene, 2,4,6-triaminotoluene, 1,3,6-triaminonaphthalene, 2,4,4′-triaminodiphenyl ether, 3,4,5-triamino-1,2,4-triazole, bis(hexamethylentriamine), 1,4,5,8-tetraaminoanthraquinone, and mixtures thereof.
Bardsley discloses in paragraph 0075, the isocyanates are various multifunctional isocyanate monomers. For purposes hereof, “multifunctional isocyanates” include, but are not limited to, polyisocyanates, aliphatic isocyanates, and include aliphatic di- or tri-isocyanates, aromatic isocyanates, and can be 4,4-methylenebis(cyclohexyl)isocyanate also known as dicyciohexylmethane 4,4′-diisocyanate; hexamethylene 1,6-diisocyanate; isophorone diisocyanate; trimethyl-hexamethylene diisocyanate; trimer of hexamethylene 1,6-diisocyanate; trimer of isophorone diisocyanate; 1,4-cyclohexane diisocyanate; 1,4-(dimethylisocyanato) cyclohexane; biuret of hexamethylene diisocyanate; hexamethylene diisocyanate urea; trimethylenediisocyanate; propylene-1,2-diisocyanate; butylene-1,2-diisocyanate, aliphatic diisocyanates, aliphatic triisocyanates, tetramethylene diisocyanate, pentamethylene diisocyanate, hexamethylene diisocyanate, 4-(isocyanatomethyl)-1,8-octyl diisocyanate, aromatic polyisocyanates, 2,4-toluene diisocyanate, 2,6-toluene diisocyanate, naphthalene diisocyanate, diphenylmethane diisocyanate, triphenylmethane-p,p′,p″-trityltriisocyanate, toluene diisocyanate, polymethylene polyphenylisocyanate, 2,4,4′-diphenyl ether triisocyanate, 3,3′-dimethyl-4,4′-diphenyl thisocyanate, 3,3′-dimethoxy-4,4′diphenyl diisocyanate, 1,5-naphthalene diisocyanate, 4,4′,4″-triphenylmethane triisocyanate, isophorone diisocyanate, and mixtures thereof.
It is to be noted, Bardsley disclose the comprises a polyurea obtained by polymerizing an isocyanate and an amine monomer but fails to define the mole ratio of isocyanate and amine.
However, it is known in the art to combine isocyanate and amine at an effective mole ratio, as taught by Han.
Han discloses in the on page 2,coatings, and particularly relates to a phase change microcapsule, a preparation method and application thereof, and a composite AB coating.
Han further discloses on page 4, the emulsion and the polyamine are mixed and solidified to obtain the phase-change microcapsule. The polyamine is preferably one or more of hexamethylenediamine, diethylenetriamine, triethylenetetramine and N-aminoethylpiperazine. In the present invention, the emulsion and the polyamine are used in an amount of isocyanate and polyamine, and the molar ratio of isocyanate groups in the isocyanate to amino groups in the polyamine is preferably 1: (1.05-2.5), more preferably 1: (1.2-2.3).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to combine the isocyanate and amine of Bardsley at an effective mole ratio, as taught by Han. The motivation to do so is to combine the isocyanate and polyamine in an effective molar ratio of isocyanate groups in the isocyanate to amino groups to aid in a synergistic emulsion.
Bardsley discloses in paragraph 0070, microencapsulation can be accomplished by a variety of techniques including physical methods such as spinning disk, fluidized bed, extrusion, spray drying or chemical methods such as coacervation, emulsion, polymerization, interfacial polymerization, solvent evaporation, layered deposition, fluid expansion, precipitation, phase separation and the like.
Regarding Claims 14 and 15
Bardsley discloses in paragraph 0070, microencapsulation can be accomplished by a variety of techniques including physical methods such as spinning disk, fluidized bed, extrusion, spray drying or chemical methods such as coacervation, emulsion, polymerization, interfacial polymerization, solvent evaporation, layered deposition, fluid expansion, precipitation, phase separation and the like. Desirably, the microcapsules can be microcapsules or microcapsules less than 100 microns, or of a size less than 20 microns, or even less than 10 microns, or even less than 1 micron.
Bardsley fails to further disclose the method step of filtering the dispersion.
However, Han discloses on page 4, after the solidification, the obtained solidified product is preferably subjected to suction filtration and drying in sequence to obtain the phase change microcapsule. The suction filtration is not particularly limited in the present invention, and may be a suction filtration known to those skilled in the art. The invention removes the raw materials and byproducts which do not participate in the reaction by suction filtration. In the invention, the drying temperature is preferably 50-120 ℃, and more preferably 60-110 ℃; the time is preferably 1 to 12 hours, and more preferably 2 to 11 hours.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add the filtering method of Han to the process of producing the microcapsule of Bardsley. The motivation to do so is to add the step of filtration to the process in order to remove raw materials and byproducts which do not precipitate in the reaction.
Claim(s) 5, 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bardsley et al. (US 2018/0215983) hereinafter “Bardsley” in view of Han et al. (CN 113198399 A) hereinafter cited under English Translation “Han” and further in view of Thoniyot et al. (US 2023/0323176) hereinafter “Thoniyot”.
Regarding Claims 5, 11 and 12
Bradsley modified by Han discloses the production of microcapsules but fails to further teach the addition of fillers to the microcapsule composition.
However, it is known in the art to add fillers to a microcapsule composition in order to aid in the binding of the mixture, as taught by Thoniyot.
Thoniyot discloses in the abstract, a composition comprising a slurry of capsules, the capsules having shells comprising silica and said shells encapsulating phase change materials (PCM); and a cementitious binder. There is also provided a method for preparing said composition.
Thoniyot discloses in paragraph 0074, the composition further comprises a filler. Fillers may include, but are not limited to, sand, calcium carbonate, alumina hydrates, silica fume, fly ash, raw mill dust, ground perlite, ground vermiculite or the like or combinations thereof. In various embodiments, the filler comprises sand and/or calcium carbonate. In various embodiments, the filler is present at an amount from about 5 wt % to about 55 wt %, from about 6 wt % to about 54 wt %, from about 7 wt % to about 53 wt %, from about 8 wt % to about 52 wt %, from about 9 wt % to about 51 wt %, from about 10 wt % to about 50 wt %, from about 5 wt % to about 45 wt % or from about 5 wt % to about 40 wt % based on the dry weight of the composition.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to art to add the fillers of Thoniyot to the microcapsule composition of Bradsley in order to aid in the binding of the composition.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hechavarria Fonseca et al. (US 2011/0015072) discloses in paragraph 0001, microcapsules with acylurea walls, to processes for producing them and to their use as latent heat storage materials or in applications in which the capsule core material is to be released by diffusion or targeted mechanical or thermal destruction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOSHA D HINES whose telephone number is (571)270-5551. The examiner can normally be reached Monday thru Friday 9:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Latosha Hines/Primary Examiner, Art Unit 1771
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