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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/27/2026 has been entered.
This action is responsive to Applicant's amendments/remarks filed 08/27/2026.
Claims 1-11 are currently pending and under examination.
The rejection of claims 1-11 under 35 U.S.C. 103 as being unpatentable over Fukushima (US 2017/0058173 A1) in view of Ueno (US 2016/0369146 A1) as stated in the Non-Final Rejection filed 01/09/2026 is maintained in view of the above amendments/remarks.
The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (US 2017/0058173 A1, hereinafter Fukushima) in view of Boussand (US 2013/0099154 A1, hereinafter Boussand), Ueno (US 2016/0369146 A1, hereinafter Ueno), Fukushima ‘123 (US 2014/0077123 A1, hereinafter Fukushima ‘123), or Itano (WO 2017/171090 A1, see US 2020/0308463 A1, hereinafter Itano).
Regarding claim 1, Fukushima teaches that a working fluid contains 1,2-difluoroethylene (HFO-1132), and at least two members selected from a saturated hydrofluorocarbon and a hydrofluorocarbon having a carbon-carbon double bond other than HFO-1132 (claim 1), wherein 1,2-difluoroethylene (HFO-1132) can be trans-1,2-difluoroethylene (HFO-1132(E)) (claim 2), HFO-1132 such as HFO-1132(E) is in an amount of from 20 to 80 mass% based on the entire amount of the working fluid (claim 4), wherein the saturated hydrofluorocarbon is preferably difluoromethane (HFC-32) ([0077], [0081], claim 8), and the hydrofluorocarbon having a carbon-carbon double bond other than HFO-1132 is preferably 2,3,3,3-tetrafluoropropene (HFO-1234yf) ([0084], claim 9).
Fukushima also teaches that the working fluid can contain HFO-1132(E), HFC-32, and HFO-1234yf ([0090]). Fukushima specifically teaches that the working fluid can consist of HFO-1132(E), HFC-32, and HFO-1234yf, wherein HFO-1132(E) is in an amount of from 20 mass% to 80 mass%, HFC-32 is in an amount of from 10 mass% to 70 mass%, and HFO-1234yf is in an amount of from 10 mass% to 70 mass% based on the entire amount of the working fluid (p. 15, Table 13).
Fukushima also teaches that the working fluid can further contain an optional component ([0096]), wherein the optional component can be carbon dioxide ([0096]), and the total amount of the optional component is preferably at most 5 mass% based on the entire amount of the working fluid ([0106]), which overlaps with the claimed ranges of “0 mass% < w ≤ 7.0 mass%” and “0<w≤1.2” wherein w is the mass% of CO2. The working fluid in Fukushima reads on the claimed refrigerant.
Fukushima further teaches that the optional component such as carbon dioxide has less influence over the ozone layer, has less influence over global warming, and has no self-decomposition property ([0096]).
Fukushima does not explicitly teach that the working fluid consists of HFO-1132(E), HFC-32, HFO-1234yf, and CO2.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to make a working fluid consisting of HFO-1132(E), HFC-32, HFO-1234yf, and an optional component such as CO2, wherein HFO-1132(E) is in an amount of 20-80 mass%, HFC-32 is in an amount of 10-70 mass%, HFO-1234yf is in an amount of 10-70 mass%, and the optional component such as CO2 is in an amount of at most 5 mass% based on the entire amount of the working fluid as taught by Fukushima, in order to make the working fluid having less influence over the ozone layer and less influence over global warming with a reasonable expectation of success, because the working fluid of Fukushima can further contain an optional component such as CO2, and the optional component such as CO2 has less influence over the ozone layer and less influence over global warming as recognized by Fukushima.
Furthermore, the working fluid of Fukushima consists of HFC-32 in an amount of 10-70 mass%, HFO-1132(E) in an amount of 20-80 mass%, HFO-1234yf in an amount of 10-70 mass%, and CO2 in an amount of more than 0 mass% to 5 mass%, which overlaps with the claimed range of a figure surrounded by curves IJ, JK, and KL, and straight lines LB", B"D, DC, and CI when 0<w≤1.2. The Examiner has carefully plotted the working fluid of Fukushima consisting of 10-70 mass% of HFC-32, 20-80 mass% of HFO-1132(E), 10-70 mass% of HFO-1234yf, and more than 0 mass% to 5 mass% of CO2, against the claimed range of a figure surrounded by curves IJ, JK, and KL, and straight lines LB", B"D, DC, and CI when w is 0.6 in a ternary diagram:
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In the ternary diagram above, the figure with a solid black color is the overlapping area. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. See MPEP § 2144.05.I.
Fukushima further teaches that a composition for a heat cycle system comprises the working fluid (claim 10). Fukushima also teaches that the inclusion of moisture/water in such compositions and apparatus thereof raises problems such as hydrolysis of the working fluid itself or lubricating oil which can form acid components and contaminants, thereby impairing the long term reliability of a compressor in the apparatus ([0152]); thus, a means such as a zeolite desiccating agent is used to suppress the moisture/water concentration in the heat cycle system ([0153]).
Fukushima does not teach that the water in the composition is in an amount of greater than 0 mass% and 0.1 mass% or less based on the entire working fluid (the claimed refrigerant).
However, Boussand similarly teaches refrigerant/heat transfer fluid compositions where the stability of refrigerant and lubricant mixtures can be affected by the content of water; thus, the heat transfer fluid preferably has a low moisture content, more preferably where the water content is less than about 1000 ppm and subsets thereof ([0009]), equaling to less than about 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Additionally, Ueno similarly teaches refrigerant/working fluid compositions where the inclusion of moisture/water in such compositions and apparatus thereof raises problems such as hydrolysis of the working fluid itself or lubricating oil which can form acid components and contaminants, thereby impairing the long term reliability of a compressor in the apparatus ([0190]); thus, a means such as a zeolite desiccating agent is used to suppress the moisture/water concentration in the heat cycle system ([0191]). Ueno also teaches that the moisture concentration in the heat cycle system is more preferably less than 1,000 ppm and subsets thereof by the mass ratio based on the working fluid ([0190]), equaling to less than about 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Moreover, Fukushima ‘123 similarly teaches refrigerant/working fluid compositions where the inclusion of moisture/water in such compositions and apparatus thereof raises problems such as hydrolysis of the working fluid itself or lubricating oil which can form acid components and contaminants, thereby impairing the long term reliability of a compressor in the apparatus ([0104]); thus, a means such as a zeolite desiccating agent is used to suppress the moisture/water concentration in the heat cycle system ([0105]). Fukushima ‘123 also teaches that the moisture concentration of the working medium in the heat cycle system is preferably at most 100 ppm and subsets thereof ([0104]), equaling to 0.01 mass% or less, which falls within the claimed range of “0.1 mass% or less”.
Furthermore, Itano similarly teaches refrigerant compositions where it is preferable to control a tiny amount of water in the composition, and the amount of water in the composition is preferably 0.1 wt% or less, so that the double bonds of the unsaturated fluorinated hydrocarbons contained in the composition can be stably present, and oxidation of the unsaturated fluorinated hydrocarbons is less likely to occur, consequently improving the stability of the composition ([0171], [0174]). The amount of water in the composition is preferably 0.1 wt% or less as taught by Itano, which overlaps with the claimed range of “0.1 mass% or less”.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a water amount of 0.1 mass% or less (or a subset thereof) as taught by any one of Boussand, Ueno, Fukushima ‘123, or Itano to Fukushima’s refrigerant composition, in order to improve the stability of the composition and/or long term reliability of an apparatus comprising the composition with a reasonable expectation of success. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claims 2-6, Fukushima teaches that a working fluid contains 1,2-difluoroethylene (HFO-1132), and at least two members selected from a saturated hydrofluorocarbon and a hydrofluorocarbon having a carbon-carbon double bond other than HFO-1132 (claim 1), wherein 1,2-difluoroethylene (HFO-1132) can be trans-1,2-difluoroethylene (HFO-1132(E)) (claim 2), HFO-1132 such as HFO-1132(E) is in an amount of from 20 to 80 mass% based on the entire amount of the working fluid (claim 4), wherein the saturated hydrofluorocarbon is preferably difluoromethane (HFC-32) ([0077], [0081], claim 8), and the hydrofluorocarbon having a carbon-carbon double bond other than HFO-1132 is preferably 2,3,3,3-tetrafluoropropene (HFO-1234yf) ([0084], claim 9).
Fukushima also teaches that the working fluid can contain HFO-1132(E), HFC-32, and HFO-1234yf ([0090]). Fukushima specifically teaches that the working fluid can consist of HFO-1132(E), HFC-32, and HFO-1234yf, wherein HFO-1132(E) is in an amount of from 20 mass% to 80 mass%, HFC-32 is in an amount of from 10 mass% to 70 mass%, and HFO-1234yf is in an amount of from 10 mass% to 70 mass% based on the entire amount of the working fluid (p. 15, Table 13).
Fukushima also teaches that the working fluid can further contain an optional component ([0096]), wherein the optional component can be carbon dioxide ([0096]), and the total amount of the optional component is preferably at most 5 mass% based on the entire amount of the working fluid ([0106]), which overlaps with the claimed ranges of “0 mass% < w ≤ 7.0 mass%”, “0<w≤1.2”, “0<w≤0.6”, “1.2 mass% < w ≤ 7.0 mass%”, and “1.2<w≤4.0”, wherein w is the mass% of CO2. The working fluid in Fukushima reads on the claimed refrigerant.
Fukushima further teaches that the optional component such as carbon dioxide has less influence over the ozone layer, has less influence over global warming, and has no self-decomposition property ([0096]).
Fukushima does not explicitly teach that the working fluid consists of HFO-1132(E), HFC-32, HFO-1234yf, and CO2.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to make a working fluid consisting of HFO-1132(E), HFC-32, HFO-1234yf, and an optional component such as CO2, wherein HFO-1132(E) is in an amount of 20-80 mass%, HFC-32 is in an amount of 10-70 mass%, HFO-1234yf is in an amount of 10-70 mass%, and the optional component such as CO2 is in an amount of at most 5 mass% based on the entire amount of the working fluid as taught by Fukushima, in order to make the working fluid having less influence over the ozone layer and less influence over global warming with a reasonable expectation of success, because the working fluid of Fukushima can further contain an optional component such as CO2, and the optional component such as CO2 has less influence over the ozone layer and less influence over global warming as recognized by Fukushima.
Furthermore, the working fluid of Fukushima consists of HFC-32 in an amount of 10-70 mass%, HFO-1132(E) in an amount of 20-80 mass%, HFO-1234yf in an amount of 10-70 mass%, and CO2 in an amount of more than 0 mass% to 5 mass%, which overlaps with the claimed range of a figure surrounded by curves IJ and JK, and straight lines KF, FC, and CI when 0<w≤1.2 (in claim 2). The Examiner has carefully plotted the working fluid of Fukushima consisting of 10-70 mass% of HFC-32, 20-80 mass% of HFO-1132(E), 10-70 mass% of HFO-1234yf, and more than 0 mass% to 5 mass% of CO2, against the claimed range of a figure surrounded by curves IJ and JK, and straight lines KF, FC, and CI when w is 0.6 in a ternary diagram (in claim 2):
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In the ternary diagram above, the figure with a solid black color is the overlapping area.
Furthermore, the working fluid of Fukushima consists of HFC-32 in an amount of 10-70 mass%, HFO-1132(E) in an amount of 20-80 mass%, HFO-1234yf in an amount of 10-70 mass%, and CO2 in an amount of more than 0 mass% to 5 mass%, which overlaps with the claimed range of a figure surrounded by curve IJ, and straight lines JE, EC, and CI when 0<w≤1.2 (in claim 3). The Examiner has carefully plotted the working fluid of Fukushima consisting of 10-70 mass% of HFC-32, 20-80 mass% of HFO-1132(E), 10-70 mass% of HFO-1234yf, and more than 0 mass% to 5 mass% of CO2, against the claimed range of a figure surrounded by curve IJ, and straight lines JE, EC, and CI when w is 0.6 in a ternary diagram (in claim 3):
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In the ternary diagram above, the figure with a solid black color is the overlapping area.
Furthermore, the working fluid of Fukushima consists of HFC-32 in an amount of 10-70 mass%, HFO-1132(E) in an amount of 20-80 mass%, HFO-1234yf in an amount of 10-70 mass%, and CO2 in an amount of more than 0 mass% to 5 mass%, which overlaps with the claimed range of a figure surrounded by curves GO and OP, and straight lines PB", B"D, and DG when 0<w≤0.6 (in claim 4). The Examiner has carefully plotted the working fluid of Fukushima consisting of 10-70 mass% of HFC-32, 20-80 mass% of HFO-1132(E), 10-70 mass% of HFO-1234yf, and more than 0 mass% to 5 mass% of CO2, against the claimed range of a figure surrounded by curves GO and OP, and straight lines PB", B"D, and DG when w is 0.6 in a ternary diagram (in claim 4):
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In the ternary diagram above, the figure with a solid black color is the overlapping area.
Furthermore, the working fluid of Fukushima consists of HFC-32 in an amount of 10-70 mass%, HFO-1132(E) in an amount of 20-80 mass%, HFO-1234yf in an amount of 10-70 mass%, and CO2 in an amount of more than 0 mass% to 5 mass%, which overlaps with the claimed range of a figure surrounded by a curve GO, and straight lines OF and FG when 0<w≤0.6 (in claim 5). The Examiner has carefully plotted the working fluid of Fukushima consisting of 10-70 mass% of HFC-32, 20-80 mass% of HFO-1132(E), 10-70 mass% of HFO-1234yf, and more than 0 mass% to 5 mass% of CO2, against the claimed range of a figure surrounded by a curve GO, and straight lines OF and FG when w is 0.6 in a ternary diagram (in claim 5):
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In the ternary diagram above, the figure with a solid black color is the overlapping area.
Furthermore, the working fluid of Fukushima consists of HFC-32 in an amount of 10-70 mass%, HFO-1132(E) in an amount of 20-80 mass%, HFO-1234yf in an amount of 10-70 mass%, and CO2 in an amount of more than 0 mass% to 5 mass%, which overlaps with the claimed range of a figure surrounded by curves MW and WN, and straight lines NE, EC, and CM when 1.2<w≤4.0 (in claim 6). The Examiner has carefully plotted the working fluid of Fukushima consisting of 10-70 mass% of HFC-32, 20-80 mass% of HFO-1132(E), 10-70 mass% of HFO-1234yf, and more than 0 mass% to 5 mass% of CO2, against the claimed range of a figure surrounded by curves MW and WN, and straight lines NE, EC, and CM when w is 2.5 in a ternary diagram (in claim 6):
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In the ternary diagram above, the figure with a solid black color is the overlapping area.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. See MPEP § 2144.05.I.
Fukushima further teaches that a composition for a heat cycle system comprises the working fluid (claim 10). Fukushima also teaches that the inclusion of moisture/water in such compositions and apparatus thereof raises problems such as hydrolysis of the working fluid itself or lubricating oil which can form acid components and contaminants, thereby impairing the long term reliability of a compressor in the apparatus ([0152]); thus, a means such as a zeolite desiccating agent is used to suppress the moisture/water concentration in the heat cycle system ([0153]).
Fukushima does not teach that the water in the composition is in an amount of greater than 0 mass% and 0.1 mass% or less based on the entire working fluid (the claimed refrigerant).
However, Boussand similarly teaches refrigerant/heat transfer fluid compositions where the stability of refrigerant and lubricant mixtures can be affected by the content of water; thus, the heat transfer fluid preferably has a low moisture content, more preferably where the water content is less than about 1000 ppm and subsets thereof ([0009]), equaling to less than about 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Additionally, Ueno similarly teaches refrigerant/working fluid compositions where the inclusion of moisture/water in such compositions and apparatus thereof raises problems such as hydrolysis of the working fluid itself or lubricating oil which can form acid components and contaminants, thereby impairing the long term reliability of a compressor in the apparatus ([0190]); thus, a means such as a zeolite desiccating agent is used to suppress the moisture/water concentration in the heat cycle system ([0191]). Ueno also teaches that the moisture concentration in the heat cycle system is more preferably less than 1,000 ppm and subsets thereof by the mass ratio based on the working fluid ([0190]), equaling to less than about 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Moreover, Fukushima ‘123 similarly teaches refrigerant/working fluid compositions where the inclusion of moisture/water in such compositions and apparatus thereof raises problems such as hydrolysis of the working fluid itself or lubricating oil which can form acid components and contaminants, thereby impairing the long term reliability of a compressor in the apparatus ([0104]); thus, a means such as a zeolite desiccating agent is used to suppress the moisture/water concentration in the heat cycle system ([0105]). Fukushima ‘123 also teaches that the moisture concentration of the working medium in the heat cycle system is preferably at most 100 ppm and subsets thereof ([0104]), equaling to 0.01 mass% or less, which falls within the claimed range of “0.1 mass% or less”.
Furthermore, Itano similarly teaches refrigerant compositions where it is preferable to control a tiny amount of water in the composition, and the amount of water in the composition is preferably 0.1 wt% or less, so that the double bonds of the unsaturated fluorinated hydrocarbons contained in the composition can be stably present, and oxidation of the unsaturated fluorinated hydrocarbons is less likely to occur, consequently improving the stability of the composition ([0171], [0174]). The amount of water in the composition is preferably 0.1 wt% or less as taught by Itano, which overlaps with the claimed range of “0.1 mass% or less”.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a water amount of 0.1 mass% or less (or a subset thereof) as taught by any one of Boussand, Ueno, Fukushima ‘123, or Itano to Fukushima’s refrigerant composition, in order to improve the stability of the composition and/or long term reliability of an apparatus comprising the composition with a reasonable expectation of success. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 7, the limitation “for use as a working fluid for a refrigerating machine” is an intended use and does not add structural difference, thus the intended use is extended little patentable weight. See MPEP § 2112.02.
Fukushima teaches that a composition for a heat cycle system comprises the working fluid and a refrigerant oil (claim 10), and the heat cycle system is a refrigerating apparatus (claim 12).
Regarding claim 8, the limitation “for use as an alternative refrigerant for R410A” is an intended use and does not add structural difference, thus the intended use is extended little patentable weight. See MPEP § 2112.02.
Fukushima teaches that the working fluid has cycle performance sufficient as an alternative to R410A ([0011]).
Regarding claim 9, Fukushima teaches a method for operating a heat cycle system comprising employing a working fluid ([0011]), wherein the heat cycle system is a refrigerating apparatus ([0012], [0144]). Fukushima teaches that in a refrigerating apparatus (i.e. a refrigerating cycle system), a gaseous working fluid is compressed by a compressor and cooled by a condenser to form a high pressure liquid, the pressure of the liquid is lowered by an expansion valve, and the liquid is vaporized at low temperature by an evaporator so that heat is removed by the heat of vaporization ([0143]), which reads on the claimed operating a refrigerating machine comprising the step of circulating the composition as a working fluid in the refrigerating machine. Fukushima also teaches that the working fluid has cycle performance sufficient as an alternative to R410A ([0011]).
Regarding claim 10, Fukushima teaches a working fluid for a heat cycle system ([0001]), and the heat cycle system is a refrigerating apparatus ([0012], [0144]), which reads on the claimed refrigerating machine comprising the composition as a working fluid.
Regarding claim 11, Fukushima teaches a working fluid for a heat cycle system ([0001]), the heat cycle system is a refrigerating apparatus ([0012], [0144]), and the refrigerating apparatus has a refrigerating cycle system ([0143]). Fukushima teaches that in a refrigerating apparatus (i.e. a refrigerating cycle system), a gaseous working fluid is compressed by a compressor and cooled by a condenser to form a high pressure liquid, the pressure of the liquid is lowered by an expansion valve, and the liquid is vaporized at low temperature by an evaporator so that heat is removed by the heat of vaporization ([0143]), which reads on the claimed operating a refrigerating machine comprising the step of circulating the composition as a working fluid in the refrigerating machine.
Response to Arguments
Applicant's arguments filed 08/27/2026 have been fully considered but they are not persuasive.
Applicant argues that Ueno describes a working fluid containing trifluoroethylene (HFO-1123) and difluoromethane (HFC-32), that is, a working fluid where HFO-1123 serves as an essential component of the refrigerant (p. 14); claims 1 to 6 are amended to recite “consisting of”, therefore excluding any ingredient not specified in the claim, thus, the refrigerant of claims 1 to 6 does not contain HFO-1123 (p. 15, 2nd para; p. 16, 2nd para); the refrigerant containing CO2, HFO-1132(E), R32, and R1234yf of the present invention has three types of performance, i.e., a refrigerating capacity that is equivalent to or higher than that of R410A, a sufficiently low GWP, and a lower flammability (Class 2L) according to the ASHRAE standard (p. 15, 2nd para); Ueno is excluded as a reference, because the working fluid of Ueno contains HFO-1123; accordingly, the amended claims are not rendered obvious by the disclosures of Fukushima and Ueno (p. 16, 2nd para).
Applicant also argues that the refrigerant composition of the present invention contains a small amount of water, and the water content of the refrigerant composition is 0.1 mass% or less based on the entire refrigerant; a small amount of water contained in the refrigerant composition of the present invention stabilizes double bonds in the molecules of unsaturated fluorocarbon compounds that can be present in the refrigerant, and makes it less likely that the unsaturated fluorocarbon compounds will be oxidized, thus increasing the stability of the refrigerant composition (p. 15, last para).
In response, Applicant’s argument is not persuasive.
Firstly, as discussed in claims 1-6 above, Fukushima teaches that a composition for a heat cycle system comprises the working fluid (claim 10). Fukushima also teaches that the inclusion of moisture/water in such compositions and apparatus thereof raises problems such as hydrolysis of the working fluid itself or lubricating oil which can form acid components and contaminants, thereby impairing the long term reliability of a compressor in the apparatus ([0152]); thus, a means such as a zeolite desiccating agent is used to suppress the moisture/water concentration in the heat cycle system ([0153]).
Furthermore, Ueno similarly teaches refrigerant/working fluid compositions where the inclusion of moisture/water in such compositions and apparatus thereof raises problems such as hydrolysis of the working fluid itself or lubricating oil which can form acid components and contaminants, thereby impairing the long term reliability of a compressor in the apparatus ([0190]); thus, a means such as a zeolite desiccating agent is used to suppress the moisture/water concentration in the heat cycle system ([0191]). Ueno also teaches that the moisture concentration in the heat cycle system is more preferably less than 1,000 ppm and subsets thereof by the mass ratio based on the working fluid ([0190]), equaling to less than about 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a water amount of less than about 0.1 mass% (or a subset thereof) based on the working fluid as taught by Ueno to Fukushima’s refrigerant composition, in order to improve the long term reliability of an apparatus comprising the composition with a reasonable expectation of success. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Therefore, whether the working fluid of Ueno contains HFO-1123 or not, it will not affect the reason as stated above.
Secondly, regarding Applicant’s argument that a small amount of water contained in the refrigerant composition of the present invention increases the stability of the refrigerant composition, the fact that the inventor has recognized another advantage which would flow naturally from the combination of references cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). See MPEP 2145.II.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the property of a small amount of water (0.1 mass% or less of water) contained in the refrigerant composition increasing the stability of the refrigerant composition, would flow naturally from the teaching of the combination of Fukushima and Ueno, because the teaching of the combination of Fukushima and Ueno provides substantially the same composition comprising the same refrigerant consisting of the same amounts of CO2, HFO-1132(E), R32, and R1234yf, and the same amount of water in the composition being 0.1 mass% or less based on the entire refrigerant as claimed, and also because the water concentration in the heat cycle system is less than 1,000 ppm by the mass ratio based on the working fluid as recognized by Ueno. Additionally, these arguments do not apply to all of the references being used in the current rejection (new, alternative secondary references are relied upon) that meet the claimed water content under alternative rationales. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Conclusion
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/JIAJIA JANIE CAI/Examiner, Art Unit 1761
/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
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