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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/30/2025 has been entered.
This action is responsive to Applicant's amendments/remarks filed 12/30/2025.
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of claims 1-11 under 35 U.S.C. 103 as being unpatentable over Fukushima (US 2017/0058173 A1, hereinafter Fukushima) is withdrawn in view of the above amendment.
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 Ueno (US 2016/0369146 A1, hereinafter Ueno).
Regarding claim 1, Fukushima teaches a working fluid comprising 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 (para [0012]; claim 1), wherein 1,2-difluoroethylene (HFO-1132) can be trans-1,2-difluoroethylene (HFO-1132(E)) (para [0012]), HFO-1132 such as HFO-1132(E) is from 20 to 80 mass % based on the entire amount of the working fluid (para [0012]), the saturated hydrofluorocarbon is preferably difluoromethane (HFC-32) (para [0077], [0081]), and the hydrofluorocarbon having a carbon-carbon double bond other than HFO-1132 is preferably 2,3,3,3-tetrafluoropropene (HFO-1234yf) (para [0084]).
Fukushima also teaches that the working fluid can comprise HFO-1132(E), HFC-32, and HFO-1234yf (para [0090]). Fukushima specifically teaches a working fluid comprising 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 comprise an optional component (para [0096]), wherein the optional component can be carbon dioxide (para [0096]), and the total amount of the optional component is preferably at most 5 mass % based on the entire amount of the working fluid (para [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. 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.
Fukushima does not teach a single embodiment with all the claimed elements together.
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 comprising HFO-1132(E), HFC-32, and HFO-1234yf, further comprising an optional component such as carbon dioxide as taught by Fukushima, 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 %, HFO-1234yf is in an amount of from 10 mass % to 70 mass %, and the optional component such as carbon dioxide is at most 5 mass % based on the entire amount of the working fluid. For doing so, the optional component such as carbon dioxide would make the working fluid having less influence over the ozone layer and less influence over global warming with a reasonable expectation of success. Moreover, the composition comprising HFO-1132(E), HFC-32, HFO-1234yf, and carbon dioxide is in a total amount of about 100 mass% based on the entire composition, which falls within the claimed range of “99.5 mass% or more”.
Furthermore, the working fluid comprises HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 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 comprising HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 5 mass %, 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.
Furthermore, Fukushima teaches that at the time of operation of the heat cycle system, it is necessary to control the moisture concentration in the heat cycle system ([0151]-[0152]); in order to control the moisture concentration in the heat cycle system, a moisture-removing means such as a zeolite desiccating agent is used ([0153]).
Fukushima also teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (3) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (3)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Fukushima does not teach that the water content of the composition is 0.1 mass% or less based on the entire refrigerant.
However, Ueno teaches a working fluid comprising difluoromethane (HFC-32) ([0040], claim 1), the working fluid can further comprise 2,3,3,3-tetrafluoropropene (HFO-1234yf), and 1,2-difluoroethylene (HFO-1132) ([0051], [0056]), and the working fluid can further comprise carbon dioxide (CO2) ([0051], [0059]). Thus, the working fluid of Ueno can comprise HFC-32, HFO-1234yf, HFO-1132 and CO2.
Ueno also teaches that it is necessary to control the moisture concentration in the heat cycle system, and the moisture concentration in the heat cycle system is preferably less than 1,000 ppm by the mass ratio based on the working fluid ([0190]), equaling to less than 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Ueno also teaches that in order to control the moisture concentration in the heat cycle system, a zeolite desiccating agent is used ([0191]). Ueno further teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (9) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (9)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Thus, the zeolite desiccating agent for removing moisture in the heat cycle system in Ueno is the same zeolite desiccating agent in Fukushima.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to expect that the working fluid after being treated with a zeolite desiccating agent as taught by Fukushima would have moisture (i.e. water) in a content of less than 1,000 ppm by the mass ratio based on the working fluid as taught by Ueno with a reasonable expectation of success, because both the working fluid of Fukushima and Ueno comprise HFC-32, HFO-1234yf, HFO-1132 and CO2, both the moisture-removing means used in Fukushima and Ueno are the same zeolite desiccating agent, and the moisture concentration in the heat cycle system is controlled at a level of less than 1,000 ppm by the mass ratio based on the working fluid as recognized by Ueno. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 2, Fukushima teaches a working fluid comprising 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 (para [0012]), wherein 1,2-difluoroethylene (HFO-1132) can be trans-1,2-difluoroethylene (HFO-1132(E)) (para [0012]), HFO-1132 such as HFO-1132(E) is from 20 to 80 mass % based on the entire amount of the working fluid (para [0012]), the saturated hydrofluorocarbon is preferably difluoromethane (HFC-32) (para [0077], [0081]), and the hydrofluorocarbon having a carbon-carbon double bond other than HFO-1132 is preferably 2,3,3,3-tetrafluoropropene (HFO-1234yf) (para [0084]).
Fukushima also teaches that the working fluid can comprise HFO-1132(E), HFC-32, and HFO-1234yf (para [0090]). Fukushima specifically teaches a working fluid comprising 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 comprise an optional component (para [0096]), wherein the optional component can be carbon dioxide (para [0096]), and the total amount of the optional component is preferably at most 5 mass % based on the entire amount of the working fluid (para [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. 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.
Fukushima does not teach a single embodiment with all the claimed elements together.
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 comprising HFO-1132(E), HFC-32, and HFO-1234yf, further comprising an optional component such as carbon dioxide as taught by Fukushima, 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 %, HFO-1234yf is in an amount of from 10 mass % to 70 mass %, and the optional component such as carbon dioxide is at most 5 mass % based on the entire amount of the working fluid. For doing so, the optional component such as carbon dioxide would make the working fluid having less influence over the ozone layer and less influence over global warming with a reasonable expectation of success. Moreover, the composition comprising HFO-1132(E), HFC-32, HFO-1234yf, and carbon dioxide is in a total amount of about 100 mass% based on the entire composition, which falls within the claimed range of “99.5 mass% or more”.
Furthermore, the working fluid comprises HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 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. The Examiner has carefully plotted the working fluid comprising HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 5 mass %, 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:
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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.
Furthermore, Fukushima teaches that at the time of operation of the heat cycle system, it is necessary to control the moisture concentration in the heat cycle system ([0151]-[0152]); in order to control the moisture concentration in the heat cycle system, a moisture-removing means such as a zeolite desiccating agent is used ([0153]).
Fukushima also teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (3) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (3)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Fukushima does not teach that the water content of the composition is 0.1 mass% or less based on the entire refrigerant.
However, Ueno teaches a working fluid comprising difluoromethane (HFC-32) ([0040], claim 1), the working fluid can further comprise 2,3,3,3-tetrafluoropropene (HFO-1234yf), and 1,2-difluoroethylene (HFO-1132) ([0051], [0056]), and the working fluid can further comprise carbon dioxide (CO2) ([0051], [0059]). Thus, the working fluid of Ueno can comprise HFC-32, HFO-1234yf, HFO-1132 and CO2.
Ueno also teaches that it is necessary to control the moisture concentration in the heat cycle system, and the moisture concentration in the heat cycle system is preferably less than 1,000 ppm by the mass ratio based on the working fluid ([0190]), equaling to less than 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Ueno also teaches that in order to control the moisture concentration in the heat cycle system, a zeolite desiccating agent is used ([0191]). Ueno further teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (9) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (9)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Thus, the zeolite desiccating agent for removing moisture in the heat cycle system in Ueno is the same zeolite desiccating agent in Fukushima.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to expect that the working fluid after being treated with a zeolite desiccating agent as taught by Fukushima would have moisture (i.e. water) in a content of less than 1,000 ppm by the mass ratio based on the working fluid as taught by Ueno with a reasonable expectation of success, because both the working fluid of Fukushima and Ueno comprise HFC-32, HFO-1234yf, HFO-1132 and CO2, both the moisture-removing means used in Fukushima and Ueno are the same zeolite desiccating agent, and the moisture concentration in the heat cycle system is controlled at a level of less than 1,000 ppm by the mass ratio based on the working fluid as recognized by Ueno. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 3, Fukushima teaches a working fluid comprising 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 (para [0012]), wherein 1,2-difluoroethylene (HFO-1132) can be trans-1,2-difluoroethylene (HFO-1132(E)) (para [0012]), HFO-1132 such as HFO-1132(E) is from 20 to 80 mass % based on the entire amount of the working fluid (para [0012]), the saturated hydrofluorocarbon is preferably difluoromethane (HFC-32) (para [0077], [0081]), and the hydrofluorocarbon having a carbon-carbon double bond other than HFO-1132 is preferably 2,3,3,3-tetrafluoropropene (HFO-1234yf) (para [0084]).
Fukushima also teaches that the working fluid can comprise HFO-1132(E), HFC-32, and HFO-1234yf (para [0090]). Fukushima specifically teaches a working fluid comprising 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 comprise an optional component (para [0096]), wherein the optional component can be carbon dioxide (para [0096]), and the total amount of the optional component is preferably at most 5 mass % based on the entire amount of the working fluid (para [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. Fukushima 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.
Fukushima does not teach a single embodiment with all the claimed elements together.
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 comprising HFO-1132(E), HFC-32, and HFO-1234yf, further comprising an optional component such as carbon dioxide as taught by Fukushima, 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 %, HFO-1234yf is in an amount of from 10 mass % to 70 mass %, and the optional component such as carbon dioxide is at most 5 mass % based on the entire amount of the working fluid. For doing so, the optional component such as carbon dioxide would make the working fluid having less influence over the ozone layer and less influence over global warming with a reasonable expectation of success. Moreover, the composition comprising HFO-1132(E), HFC-32, HFO-1234yf, and carbon dioxide is in a total amount of about 100 mass% based on the entire composition, which falls within the claimed range of “99.5 mass% or more”.
Furthermore, the working fluid comprises HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 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. The Examiner has carefully plotted the working fluid comprising HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 5 mass %, 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:
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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.
Furthermore, Fukushima teaches that at the time of operation of the heat cycle system, it is necessary to control the moisture concentration in the heat cycle system ([0151]-[0152]); in order to control the moisture concentration in the heat cycle system, a moisture-removing means such as a zeolite desiccating agent is used ([0153]).
Fukushima also teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (3) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (3)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Fukushima does not teach that the water content of the composition is 0.1 mass% or less based on the entire refrigerant.
However, Ueno teaches a working fluid comprising difluoromethane (HFC-32) ([0040], claim 1), the working fluid can further comprise 2,3,3,3-tetrafluoropropene (HFO-1234yf), and 1,2-difluoroethylene (HFO-1132) ([0051], [0056]), and the working fluid can further comprise carbon dioxide (CO2) ([0051], [0059]). Thus, the working fluid of Ueno can comprise HFC-32, HFO-1234yf, HFO-1132 and CO2.
Ueno also teaches that it is necessary to control the moisture concentration in the heat cycle system, and the moisture concentration in the heat cycle system is preferably less than 1,000 ppm by the mass ratio based on the working fluid ([0190]), equaling to less than 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Ueno also teaches that in order to control the moisture concentration in the heat cycle system, a zeolite desiccating agent is used ([0191]). Ueno further teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (9) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (9)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Thus, the zeolite desiccating agent for removing moisture in the heat cycle system in Ueno is the same zeolite desiccating agent in Fukushima.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to expect that the working fluid after being treated with a zeolite desiccating agent as taught by Fukushima would have moisture (i.e. water) in a content of less than 1,000 ppm by the mass ratio based on the working fluid as taught by Ueno with a reasonable expectation of success, because both the working fluid of Fukushima and Ueno comprise HFC-32, HFO-1234yf, HFO-1132 and CO2, both the moisture-removing means used in Fukushima and Ueno are the same zeolite desiccating agent, and the moisture concentration in the heat cycle system is controlled at a level of less than 1,000 ppm by the mass ratio based on the working fluid as recognized by Ueno. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 4, Fukushima teaches a working fluid comprising 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 (para [0012]), wherein 1,2-difluoroethylene (HFO-1132) can be trans-1,2-difluoroethylene (HFO-1132(E)) (para [0012]), HFO-1132 such as HFO-1132(E) is from 20 to 80 mass % based on the entire amount of the working fluid (para [0012]), the saturated hydrofluorocarbon is preferably difluoromethane (HFC-32) (para [0077], [0081]), and the hydrofluorocarbon having a carbon-carbon double bond other than HFO-1132 is preferably 2,3,3,3-tetrafluoropropene (HFO-1234yf) (para [0084]).
Fukushima also teaches that the working fluid can comprise HFO-1132(E), HFC-32, and HFO-1234yf (para [0090]). Fukushima specifically teaches a working fluid comprising 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 comprise an optional component (para [0096]), wherein the optional component can be carbon dioxide (para [0096]), and the total amount of the optional component is preferably at most 5 mass % based on the entire amount of the working fluid (para [0106]), which overlaps with the claimed ranges of “0 mass% < w ≤ 7.0 mass%” and “0<w≤0.6” wherein w is the mass% of CO2. Fukushima 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.
Fukushima does not teach a single embodiment with all the claimed elements together.
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 comprising HFO-1132(E), HFC-32, and HFO-1234yf, further comprising an optional component such as carbon dioxide as taught by Fukushima, 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 %, HFO-1234yf is in an amount of from 10 mass % to 70 mass %, and the optional component such as carbon dioxide is at most 5 mass % based on the entire amount of the working fluid. For doing so, the optional component such as carbon dioxide would make the working fluid having less influence over the ozone layer and less influence over global warming with a reasonable expectation of success. Moreover, the composition comprising HFO-1132(E), HFC-32, HFO-1234yf, and carbon dioxide is in a total amount of about 100 mass% based on the entire composition, which falls within the claimed range of “99.5 mass% or more”.
Furthermore, the working fluid comprises HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 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. The Examiner has carefully plotted the working fluid comprising HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 5 mass %, 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:
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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.
Furthermore, Fukushima teaches that at the time of operation of the heat cycle system, it is necessary to control the moisture concentration in the heat cycle system ([0151]-[0152]); in order to control the moisture concentration in the heat cycle system, a moisture-removing means such as a zeolite desiccating agent is used ([0153]).
Fukushima also teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (3) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (3)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Fukushima does not teach that the water content of the composition is 0.1 mass% or less based on the entire refrigerant.
However, Ueno teaches a working fluid comprising difluoromethane (HFC-32) ([0040], claim 1), the working fluid can further comprise 2,3,3,3-tetrafluoropropene (HFO-1234yf), and 1,2-difluoroethylene (HFO-1132) ([0051], [0056]), and the working fluid can further comprise carbon dioxide (CO2) ([0051], [0059]). Thus, the working fluid of Ueno can comprise HFC-32, HFO-1234yf, HFO-1132 and CO2.
Ueno also teaches that it is necessary to control the moisture concentration in the heat cycle system, and the moisture concentration in the heat cycle system is preferably less than 1,000 ppm by the mass ratio based on the working fluid ([0190]), equaling to less than 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Ueno also teaches that in order to control the moisture concentration in the heat cycle system, a zeolite desiccating agent is used ([0191]). Ueno further teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (9) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (9)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Thus, the zeolite desiccating agent for removing moisture in the heat cycle system in Ueno is the same zeolite desiccating agent in Fukushima.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to expect that the working fluid after being treated with a zeolite desiccating agent as taught by Fukushima would have moisture (i.e. water) in a content of less than 1,000 ppm by the mass ratio based on the working fluid as taught by Ueno with a reasonable expectation of success, because both the working fluid of Fukushima and Ueno comprise HFC-32, HFO-1234yf, HFO-1132 and CO2, both the moisture-removing means used in Fukushima and Ueno are the same zeolite desiccating agent, and the moisture concentration in the heat cycle system is controlled at a level of less than 1,000 ppm by the mass ratio based on the working fluid as recognized by Ueno. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 5, Fukushima teaches a working fluid comprising 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 (para [0012]), wherein 1,2-difluoroethylene (HFO-1132) can be trans-1,2-difluoroethylene (HFO-1132(E)) (para [0012]), HFO-1132 such as HFO-1132(E) is from 20 to 80 mass % based on the entire amount of the working fluid (para [0012]), the saturated hydrofluorocarbon is preferably difluoromethane (HFC-32) (para [0077], [0081]), and the hydrofluorocarbon having a carbon-carbon double bond other than HFO-1132 is preferably 2,3,3,3-tetrafluoropropene (HFO-1234yf) (para [0084]).
Fukushima also teaches that the working fluid can comprise HFO-1132(E), HFC-32, and HFO-1234yf (para [0090]). Fukushima specifically teaches a working fluid comprising 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 comprise an optional component (para [0096]), wherein the optional component can be carbon dioxide (para [0096]), and the total amount of the optional component is preferably at most 5 mass % based on the entire amount of the working fluid (para [0106]), which overlaps with the claimed ranges of “0 mass% < w ≤ 7.0 mass%” and “0<w≤0.6” wherein w is the mass% of CO2. Fukushima 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.
Fukushima does not teach a single embodiment with all the claimed elements together.
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 comprising HFO-1132(E), HFC-32, and HFO-1234yf, further comprising an optional component such as carbon dioxide as taught by Fukushima, 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 %, HFO-1234yf is in an amount of from 10 mass % to 70 mass %, and the optional component such as carbon dioxide is at most 5 mass % based on the entire amount of the working fluid. For doing so, the optional component such as carbon dioxide would make the working fluid having less influence over the ozone layer and less influence over global warming with a reasonable expectation of success. Moreover, the composition comprising HFO-1132(E), HFC-32, HFO-1234yf, and carbon dioxide is in a total amount of about 100 mass% based on the entire composition, which falls within the claimed range of “99.5 mass% or more”.
Furthermore, the working fluid comprises HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 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. The Examiner has carefully plotted the working fluid comprising HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 5 mass %, 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:
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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.
Furthermore, Fukushima teaches that at the time of operation of the heat cycle system, it is necessary to control the moisture concentration in the heat cycle system ([0151]-[0152]); in order to control the moisture concentration in the heat cycle system, a moisture-removing means such as a zeolite desiccating agent is used ([0153]).
Fukushima also teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (3) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (3)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Fukushima does not teach that the water content of the composition is 0.1 mass% or less based on the entire refrigerant.
However, Ueno teaches a working fluid comprising difluoromethane (HFC-32) ([0040], claim 1), the working fluid can further comprise 2,3,3,3-tetrafluoropropene (HFO-1234yf), and 1,2-difluoroethylene (HFO-1132) ([0051], [0056]), and the working fluid can further comprise carbon dioxide (CO2) ([0051], [0059]). Thus, the working fluid of Ueno can comprise HFC-32, HFO-1234yf, HFO-1132 and CO2.
Ueno also teaches that it is necessary to control the moisture concentration in the heat cycle system, and the moisture concentration in the heat cycle system is preferably less than 1,000 ppm by the mass ratio based on the working fluid ([0190]), equaling to less than 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Ueno also teaches that in order to control the moisture concentration in the heat cycle system, a zeolite desiccating agent is used ([0191]). Ueno further teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (9) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (9)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Thus, the zeolite desiccating agent for removing moisture in the heat cycle system in Ueno is the same zeolite desiccating agent in Fukushima.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to expect that the working fluid after being treated with a zeolite desiccating agent as taught by Fukushima would have moisture (i.e. water) in a content of less than 1,000 ppm by the mass ratio based on the working fluid as taught by Ueno with a reasonable expectation of success, because both the working fluid of Fukushima and Ueno comprise HFC-32, HFO-1234yf, HFO-1132 and CO2, both the moisture-removing means used in Fukushima and Ueno are the same zeolite desiccating agent, and the moisture concentration in the heat cycle system is controlled at a level of less than 1,000 ppm by the mass ratio based on the working fluid as recognized by Ueno. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 6, Fukushima teaches a working fluid comprising 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 (para [0012]), wherein 1,2-difluoroethylene (HFO-1132) can be trans-1,2-difluoroethylene (HFO-1132(E)) (para [0012]), HFO-1132 such as HFO-1132(E) is from 20 to 80 mass % based on the entire amount of the working fluid (para [0012]), the saturated hydrofluorocarbon is preferably difluoromethane (HFC-32) (para [0077], [0081]), and the hydrofluorocarbon having a carbon-carbon double bond other than HFO-1132 is preferably 2,3,3,3-tetrafluoropropene (HFO-1234yf) (para [0084]).
Fukushima also teaches that the working fluid can comprise HFO-1132(E), HFC-32, and HFO-1234yf (para [0090]). Fukushima specifically teaches a working fluid comprising 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 comprise an optional component (para [0096]), wherein the optional component can be carbon dioxide (para [0096]), and the total amount of the optional component is preferably at most 5 mass % based on the entire amount of the working fluid (para [0106]), which overlaps with the claimed ranges of “1.2 mass% < w ≤ 7.0 mass%” and “1.2<w≤4.0” wherein w is the mass% of CO2. Fukushima 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.
Fukushima does not teach a single embodiment with all the claimed elements together.
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 comprising HFO-1132(E), HFC-32, and HFO-1234yf, further comprising an optional component such as carbon dioxide as taught by Fukushima, 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 %, HFO-1234yf is in an amount of from 10 mass % to 70 mass %, and the optional component such as carbon dioxide is at most 5 mass % based on the entire amount of the working fluid. For doing so, the optional component such as carbon dioxide would make the working fluid having less influence over the ozone layer and less influence over global warming with a reasonable expectation of success. Moreover, the composition comprising HFO-1132(E), HFC-32, HFO-1234yf, and carbon dioxide is in a total amount of about 100 mass% based on the entire composition, which falls within the claimed range of “99.5 mass% or more”.
Furthermore, the working fluid comprises HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 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. The Examiner has carefully plotted the working fluid comprising HFC-32 in an amount of from 10 mass % to 70 mass %, HFO-1132(E) in an amount of from 20 mass % to 80 mass %, HFO-1234yf in an amount of from 10 mass % to 70 mass %, and carbon dioxide in an amount of at most 5 mass %, 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:
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1857
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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.
Furthermore, Fukushima teaches that at the time of operation of the heat cycle system, it is necessary to control the moisture concentration in the heat cycle system ([0151]-[0152]); in order to control the moisture concentration in the heat cycle system, a moisture-removing means such as a zeolite desiccating agent is used ([0153]).
Fukushima also teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (3) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (3)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Fukushima does not teach that the water content of the composition is 0.1 mass% or less based on the entire refrigerant.
However, Ueno teaches a working fluid comprising difluoromethane (HFC-32) ([0040], claim 1), the working fluid can further comprise 2,3,3,3-tetrafluoropropene (HFO-1234yf), and 1,2-difluoroethylene (HFO-1132) ([0051], [0056]), and the working fluid can further comprise carbon dioxide (CO2) ([0051], [0059]). Thus, the working fluid of Ueno can comprise HFC-32, HFO-1234yf, HFO-1132 and CO2.
Ueno also teaches that it is necessary to control the moisture concentration in the heat cycle system, and the moisture concentration in the heat cycle system is preferably less than 1,000 ppm by the mass ratio based on the working fluid ([0190]), equaling to less than 0.1 mass%, which falls within the claimed range of “0.1 mass% or less”.
Ueno also teaches that in order to control the moisture concentration in the heat cycle system, a zeolite desiccating agent is used ([0191]). Ueno further teaches that the zeolite desiccating agent is preferably a zeolite desiccating agent containing a compound represented by the following formula (9) as the main component in view of excellent moisture absorption capacity:
M2/nO.Al2O3.xSiO2.yH2O (9)
wherein M is a group 1 element such as Na or K or a group 2 element such as Ca, n is the valence of M, and x and y are values determined by the crystal structure. The pore size can be adjusted by changing M.
Thus, the zeolite desiccating agent for removing moisture in the heat cycle system in Ueno is the same zeolite desiccating agent in Fukushima.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to expect that the working fluid after being treated with a zeolite desiccating agent as taught by Fukushima would have moisture (i.e. water) in a content of less than 1,000 ppm by the mass ratio based on the working fluid as taught by Ueno with a reasonable expectation of success, because both the working fluid of Fukushima and Ueno comprise HFC-32, HFO-1234yf, HFO-1132 and CO2, both the moisture-removing means used in Fukushima and Ueno are the same zeolite desiccating agent, and the moisture concentration in the heat cycle system is controlled at a level of less than 1,000 ppm by the mass ratio based on the working fluid as recognized by Ueno. 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 a working fluid for a heat cycle system (para [0001]), and the heat cycle system is a refrigerating apparatus (para [0012], [0144]). Fukushima also teaches that a composition comprises the working fluid and a refrigerant oil (para [0012], [0108]).
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 a working fluid which has cycle performance sufficient as an alternative to R410A (para [0011]).
Regarding claim 9, Fukushima teaches a method for operating a heat cycle system comprising employing a working fluid (para [0011]), wherein the heat cycle system is a refrigerating apparatus (para [0012], [0144]). Fukushima also teaches that the working fluid has cycle performance sufficient as an alternative to R410A (para [0011]).
Regarding claim 10, Fukushima teaches a working fluid for a heat cycle system (para [0001]), and the heat cycle system is a refrigerating apparatus (para [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 (para [0001]), the heat cycle system is a refrigerating apparatus (para [0012], [0144]), and the refrigerating apparatus has a refrigerating cycle system (para [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 (para [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 with respect to the prior rejections have been considered but are moot, because the arguments do not apply to all of the references being used in the current rejection. The current rejection utilizes a new reference, Ueno (US 2016/0369146 A1), in addition to the previous reference Fukushima (US 2017/0058173 A1) under a new ground(s) of rejection which renders obvious the instant claims.
Conclusion
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/JIAJIA JANIE CAI/Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761