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 Rejections - 35 USC § 102
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.
Claims 1, 3-6, 9-16, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chan et al., WO 2021/046280.
Regarding claims 1, 4, 6 and 14, Chan discloses an intumescent coating comprising a first coating component wherein the first coating component can include a first polymer [page 5, lines 30-31]. Page 9, lines 8-15 discloses that the first polymer can include phosphoric acid 2-hydroxyethyl methacrylate ester in the amount of 1.0% or greater. Page 21, lines 29-32 discloses that the first coating can include a polyamine such as polyethyleneimine. Chan also discloses that the additive [polyethyleneimine can be present in the amount of 5 wt% to 10 wt%, [page 3. lines 28-30]. Page 35, lines 1-16 discloses that the composition can include 0.1 to 2 wt% of a free-radical initiator [photoinitiator].
Regarding claim 3, reference claim 1 discloses that the first polymer is provided in the amount of 20 to 60% by weight. Page 9, lines 8-15 discloses that the first polymer can include phosphoric acid 2-hydroxyethyl methacrylate ester in the amount of 1.0% or greater.
Regarding claim 5, Chan discloses that the that the phosphoric acid 2-hydroxyethylmethacrylate ester can be present in the amount of 1.0% or greater. Chan also discloses that the additive [polyethyleneimine can be present in the amount of 5 wt% to 10 wt%, [page 3. Lines 28-30] thereby providing a ratio within Applicant’s claimed range.
Regarding claims 9 and 11-12, page 27, lines 9-12 discloses that the coating can be applied to a substrate such as wood allowing the coating to dry. Page 5, lines 8-9 discloses that the composition can be used for a roof coating [exposed to light]. The title discloses that the coating is cured.
Regarding claim 13, page 35, lines 1-16 discloses that the composition is polymerized. The claim is directed to a flame retardant composition. The manner in which the composition is polymerized is a process limitation in a product claim. The manner in which the composition is manufactured does not make it a different product from the prior art when the claimed product and the prior art product have the same structural limitations.
Regarding claims 15 and 18, page 27, lines 9-12 discloses that the coating can be applied to a substrate such as wood allowing the coating to dry. Wood is a porous substrate.
Regarding claim 16, reference claim 79 discloses that the coating is applied in an amount of 25 to 75 wt%.
Regarding claim 20, page 27, lines 9-12 discloses that the coating can be applied to a substrate such as wood allowing the coating to dry. Wood is a porous substrate. Chan discloses that the that the phosphoric acid 2-hydroxyethylmethacrylate ester can be present in the amount of 1.0% or greater. Chan also discloses that the additive [polyethyleneimine can be present in the amount of 5 wt% to 10 wt%, [page 3. Lines 28-30] thereby providing a ratio within Applicant’s claimed range.
Claim 2 is rejected under 35 U.S.C. 10a(a)(1)as being anticipated by Chan et al., WO 2021/046280, as evidenced by Millipore sigma Polyethyleneimine.
Chan, above, remains relied upon for claim 1.
Regarding claim 2, Millipore Sigma provides evidences for polyethyleneimine having a weight average molecular weight of 25,000 g/mol.
Claims 8, 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chan et al., WO 2021/046280.
Chan, above, remains relied upon for claim 1.
Regarding claim 8, Chan discloses on page 21, lines 29-31 that the composition can include co-solvents and pH modifying agents.
Chan is silent to the pH ranging from 5 to 8. One of ordinary skill in the art before the effective filing date of the invention to optimize the pH of the composition to a range of 5 to 8 for safe handling of the composition.
Regarding claim 10, Chan is silent to wherein applying the flame-retardant treatment composition 10 to the substrate comprises immersing the substrate in the flame-retardant treatment composition for a duration of 1 sec to 48 hours, wherein the light treatment comprises exposing the composition on the substrate to the light for a duration of 0.1 min to 1 hour. Chan does disclose applying the composition to a substrate such as wood, drying and wherein the coated substrate can be used as a roof coating or barrier coating. One of ordinary skill in the art before the effective filing date of the invention would modify the method of Chan to include immersing the substrate in the flame-retardant treatment composition for a duration of 1 sec to 48 hours, wherein the light treatment comprises exposing the composition on the substrate to the light for a duration of 0.1 min to 1 hour for the benefit of enhanced barrier properties to air, water and vapor.
Regarding claim 17, Chan is silent to the coating being penetrated into the pores of the substrate. Chan discloses that the coating can be used as an intumescent coating. Also, Chan discloses that the coating can be applied to wood, a porous substrate, It would have been obvious to one of ordinary skill in the art to have the coating penetrate the wood for the benefit of ensuring that the wood is protecting from heat or flames.
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Chan et al., WO 2021/046280.
Chan, above, remains relied upon for claim 1.
Regarding claim 19, Chan teaches the claimed invention but fails to teach as compared to a corresponding untreated substrate, the flame-retardant substrate has a reduction in afterburn time of 50% to 99.9% in a flame test comprising applying a flame 1 cm below the substrate for 10 S, removing the flame until flaming combustion stops, and then applying the flame 1 cm below the substrate for an additional 10 s; and/or as compared to a corresponding untreated substrate, the flame-retardant substrate has a decrease in maximum average rate of heat emission in cone calorimetry testing as per ASTM E-1354-22 of 10% to 60%. It is reasonable to presume that as compared to a corresponding untreated substrate, the flame-retardant substrate has a reduction in afterburn time of 50% to 99.9% in a flame test comprising applying a flame 1 cm below the substrate for 10 S, removing the flame until flaming combustion stops, and then applying the flame 1 cm below the substrate for an additional 10 s; and/or as compared to a corresponding untreated substrate, the flame-retardant substrate has a decrease in maximum average rate of heat emission in cone calorimetry testing as per ASTM E-1354-22 of 10% to 60% is inherent to Chan. Said presumption is based upon is based upon Chan’s disclosure of the coating can be applied to a substrate such as wood allowing the coating to dry wherein the coating composition includes a free-radical initiator, phosphoric acid 2-hydroxyethyl methacrylic acid. Wood is a porous substrate. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chan et al., WO 2021/046280 in view of Lockhart et al., WO03066749.
Chan, above, remains relied upon for claim 1.
Regarding claim 7, Chan is to the photoinitiator being diphenyl(2,4,6 trimethylbenzoyl)phosphine oxide (TPO), phenylbis(2,4,6- 30 trimethylbenzoyl)phosphine oxide, 2-hydroxy-2-methylpropiophenone, 2-hydroxy-4'-(2- hydroxyethoxy)-2-methylpropiophenone, lithium phenyl-2,4,6-trimethylbenzoylphosphinate (Li-TPO), ethyl phenyl(2,4,6-trimethylbenzoyl)phosphinate. (TPO-L), camphorquinone, or a combination thereof. Chan does disclose free-radical [photoinitiator] initiators on page 35, lines 1-16. Lockhart discloses intumescent coating including a photoinitiator [abstract]. Page 2, lines 12-16 of Lockhart discloses free radical initiators. It is disclosed in page 8, lines 8-13 discloses that the photoinitiator can include bis(2,4,6-trimethyl benzoyl)-phenyl phosphine oxide. Lockhart discloses in the abstract that the photoinitiator serves to initiate curing of the intumescent composition. One of ordinary skill in the art before the effective filing date of the invention would utilize bis(2,4,6-trimethyl benzoyl)-phenyl phosphine oxide of Lockhart as the free radical initiator for Chan in order to ensure complete curing of the intumescent coating of Chan.
Conclusion
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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