Document 82ke2XpbEjd0ko2LwBK7ajJ2d

CONFIDENTIAL* CAMSniDGE TO: H. C. Duecker FROM: R. J. Bragg CC: A. M. Rosenberg C. E. Parker L. S. Shu OATE: SUBJECT: WRG U U X tj 0 I November 27, 1972 AP, KK-1 and MK-3 PLAINTIFF'S EXHIBIT WRGM591 This is a history of R/D activity in the sprayed cementitious prod ucts area, specifically covering W. R. Grace's Acoustical Plastic and MONO-MOTE materials. Appendix A lists the four following formulae: ACOUSTICAL PLASTIC* MONO-KOTE, MK-1 SPRA-INSULATION MONO-KOTE, MK-3 Comparison of Products ACOUSTICAL PLASTIC is quite an old product, having been sold as early as the mid-forties. It originally was applied only by trowel, but with the advent of plastering pumps in the fifties was easily spray applied. AP contains a relatively high percentile of expanded vermiculite. The binder is colloidal bentonite, also termed sodium bentonite or Wyoming Type bentonite. This grade in aqueous systems has a high swelling potential, absorbing 3 to U times its weight of water. Be cause of this property, bentonite is a relatively efficient binder for sound absorbing matrices since on drying the binder shrinks to original size, leaving interconnecting interstices in the body of the product. These are instrumental in dissipation of sound. Asbestos in AP contributes to mixing uniformity, water holding capa city (high yield) and improved pumpabiliry. Duponal WA Dry (sodium lauryl sulfate) is an air entraining agent; Dowicide G a fungicide, and sodium nitrite acts to improve bond to certain metal, substrates. AP served a dual role in Zonolite's product line, i.e., a combination sound absorbing and fireproofing membrane. For many years, AP alone or in combination with vermiculite plasters constituted the hand and machine applied fireproofing materials of the Zonolite company. H. C. Duecker CONFIDENTIAL -2- November 27, 1972 0*304103 M0N0-K0T5, MK-1 replaced ACOUSTICAL PLASTIC in most of the fire proofing applications. It was judged in UL comparison fire testing to be equivalent to AP on an equal thickness basis. Also, it was preferred from an application standpoint because of speed of.appli cation. AP requires many days of drying to build up adequate thickness. It shrinks during drying, opening fissures in the exposed surface. MK-1 is a setting type of material, permitting double-back coatings to be applied within hours of the initial coat. MK-1 utilizes a three component cement-resinous binder system, com prising alpha gypsum, Portland cement and spray dried polyvinyl alcohol. The latter ingredient also functions as an efficient air entrainment agent, producing relatively low density material. MK-1 was originally submitted by R. Sefton as an acoustical plaster, not as a sprayed fireproofing compound.' Sefton had no pumping or spraying equipment and prepared his specimens in a laboratory mixer and applied them with a trowel. As a result, the original materials had low cured densities and good sound absorption. Zonolite decided to determine what effects pumping and spraying had - product was considerably densified - and subsequent pilot fire testing indicated this material was an efficient fireproofing membrane. SPRA INSULATION is MK-1 with slightly more Aggregate. It's primary use was for spray applied ambient insulation for thermal insulation and condensation control of metal buildings. MONO-KQTE, MK-3 development was begun December 27, i60. The relatively high cost of MK-1 compared with other fireproofing products then on the market created the desire for a new, econo mical product. The first experiment in the program is reoorded in Zonolite Lab Notebook 68, page 127. To assist us, J. A. Kelley, then president of Zonolite, procured a guide formula listing four ingredients (expanded perlite, stucco, asbestos and Monad G). We were not familiar with Monad G, but suspected it was an air entrain ment agent and substituted sodium lauryl sulfate. Years after MK-3 had been commercial, we found Monad G, a product of Colgate-Palmolive Company was a. sulfated monoglyoeride of coconut oil, anionic and, indeed, was an air entrainment agent. ? ni H. C. Duecker' CONFIDENTIAL -3 November 27, 1972 Concerning the similarities or differences between MK-1 and MK-3, they each comprise four basic ingredients as: Aggregate, Binder, Fiber, Air Entrainment Agent. t. In both products the aggregate is expanded vermiculite, a lesser quantity being used in MK-3. The range of density and sizes of vermiculites oermitted in 1-5K-3 is quite broad compared with that of MK-1. Major differences between MK-1 and MK-3 exist in the binder sys tem. MK-1 utilized a three component cement-resinous system of alpha gypsum, white portland cement and spray-dried polyvinyl alcohol. Claims are made for this combination in U. S. Patent No. 3,0l42,68l (Appendix B) awarded July 3, 19&2 to Robert C.. Sefton, assigned to Steel City Industries, Inc. The binder of MK-3 is a single component beta gypsum. It differs in crystal form, consistency and compressive strength from the alpha gypsum specified in the patent. White portland cement and spray-dried polyvinyl alcohol are not used in MK-3. Basic change then is that we eliminated the three most expensive ingredients and are using a different form of gypsum. The fiber in both materials is the same, with the exception that through the years of manufacturing MK-3 we have been selective about asbestos to the point we use grades which improve yield up to 10(3 over yields obtained with the unrefined asbestos in MK-1. Since polyvinyl alcohol is an efficient AEA and since it is not incorporated in MK-3, we have added E. I. du Pont's Duponal VIA Dry, a Utfj active sodium lauryl sulfate at the level of O.lU Wt /3 Chronological history of the R&D activity during the transition * from MK-1 to MK-3 is listed in Appendix C. Data contained are derived from three sources: Zonolite Laboratory Notebooks, Zonolite Internal Test Reports, Outside Laboratories Test Reports.- !< H. C. Duecker . CONFIDENTIAL November 27, 1972 Patent Considerations The awarding of U. S. #3,012,681 occurred 2 or 3. months after MK-3 went commercial. There may have been some discuss ions "be tween to. Sefton and Zonolite personnel between mid-1959 and award date of mid-1962 which bore on the claims of the patent, but I have no direct knov.'ledge of such discussions. We did not file disclosures or patent applications on the MK-3 composition. There were several formal discussions on this sub ject, but all of us (J. A. Kelley, R. W. Sterrett, E. L. Perrine, M. G. Quayle, R. J. Bragg) believed prior art existed in the form of products like United States Gypsum Company's "FIRE CODE" and National Gypsum Company's "FIRE SHIELD". We did not consider MK-1 to constitute prior art. During 1968, National Gypsum Co. notified us that MK-3 infringed one of their patents. At this time we license, MK-3 under the National patent. To my knowledge, National has not cited MK-1 for infringement. RJ3:mlr Attachments (Appendix A, 3 & C) vI CONFIDENTIAL . C. Duecker (attachment) APPENDIX A November 27, 1972 (' f'r* :i06 wt. % ACOUSTICAL PLASTIC (Bermuda Tan) No. 2 Screened Expanded Vermiculite (5 PCF) Asbestos 7M Fiber fBentonite 'Duponal WA Dry Dovici.de G Sodium Nitrite 61.68 18.69 18.69 ' 0.12 0.29 0.67. MONO-NOTE, MK-1 No. 3 Screened Expanded Vermiculite (5.62 PCF) Asbestos 7K Fiber I White Portland Cement i Alpha Gypsum Dovricide G Polyvinyl Alcohol - Spray Dried SPPA-INSULATION w-v No. 3 Screened ExpandedVermiculite (5.62 PCF) Asbestos 7M Fiber ^White Portland Cement . L. Alpha Gypsum Dowicide G- . Polyvinyl Alcohol -Spray Dried 40.49 . 12.1+2 8.32 37.26 0.24 1.24 42.90 11.90 7.98 35.75 0.23 1.19 MONO-NOTE, MK-3 No. 3 or 4 Expanded Vermiculite (4.5-8 PCF) Beta Gypsum Asbestos 7M Fiber Duponal WA Dry 28.73 58.55 12.58 0.14 R.J.Bragg:mlr 11