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 § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-12 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feng (US20130152626).
Regarding claims 1-11, Feng teaches a refrigerant comprising at least about 98.5% by weight of the following three compounds, with each compound being present in the following relative percentages: 1-80% by weight difluoromethane (HFC-32); 1-98% by weight of 2,3,3,3-tetrafluoropropene (HFO-1234yf); and 1-25% by weight fluoroethane (HFC-161) (¶[0017-0026]).
This reference differs from the claimed subject matter in that it does not disclose a composition which reads on applicant’s claims with sufficient specificity to constitute anticipation. It would have been obvious at the time the invention was made to make such a composition, because this reference teaches that all of the ingredients recited by applicants are suitable for inclusion in a refrigerant composition. The person of ordinary skill in the refrigeration art would expect the recited compositions to have properties similar to those compositions which are exemplified, absent a showing to the contrary. In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. (see MPEP 2144.05 I).
Regarding claim 12, Feng teaches the limitations of claim 11, and Feng further teaches
the refrigerant comprises greater than 40% by weight of the heat transfer composition (¶[0012]).
Regarding claim 14, Feng further teaches a method for transferring heat of the type comprising evaporating refrigerant liquid to produce a refrigerant vapor, compressing in a compressor at least a portion of the refrigerant vapor and condensing refrigerant vapor, said method comprising: (a) providing a heat transfer composition comprising a refrigerant according to claim 1; (b) evaporating said refrigerant at a temperature of from about −40° C. to about +10° C (¶[0028]).
Regarding claim 15, Feng further teaches a method for transferring heat of the type comprising evaporating refrigerant liquid to produce a refrigerant vapor, compressing in a compressor at least a portion of the refrigerant vapor and condensing refrigerant vapor, said method comprising: (a) providing a heat transfer composition comprising a refrigerant according to claim 9; (b) evaporating said refrigerant at a temperature of from about −40° C. to about +10° C (¶[0028]).
Regarding claim 16, Feng teaches the limitations of claim 15, and Feng further teaches
said heat transfer composition further comprises a stabilizer (¶[0033]).
Regarding claim 17, Feng teaches the limitations of claim 14, and Feng further teaches
said evaporating step takes place in a system selected from residential air conditioning, variable refrigerant flow air conditioning, residential heat pumps, commercial air conditioning chillers, residential air-to-water heat pump hydronic systems, medium temperature refrigeration and low temperature refrigeration (¶[0028]).
Regarding claim 18, Feng teaches the limitations of claim 15, and Feng further teaches
said evaporating step takes place in a system selected from residential air conditioning, variable refrigerant flow air conditioning, residential heat pumps, commercial air conditioning chillers, residential air-to-water heat pump hydronic systems, medium temperature refrigeration and low temperature refrigeration (¶[0028]).
Regarding claim 19, Feng teaches the limitations of claim 17, and Feng further teaches
said heat transfer composition further comprises a lubricant selected from POE lubricant and PVE lubricant (¶[0032).
Regarding claim 20, Feng teaches the limitations of claim 18, and Feng further teaches
said heat transfer composition further comprises a lubricant selected from POE lubricant and PVE lubricant (¶[0032).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feng (US20130152626) in view of Minor (US20100123095).
Regarding claim 13, Feng teaches the limitations of claim 12, and Feng further teaches a stabilizer and further comprising a lubricant selected from the group consisting of polyol esters (POEs), mineral oil, alkylbenzenes (ABs) and polyvinyl ethers (PVE) (¶[0031-0032]).
Feng does not teach a stabilizer selected from an alkylated naphthalene, a diene-based compound, a phenol compound and combinations of two or more of these.
Minor teaches a is a phenol compound (¶[0101]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Feng to include the stabilizer of Minor, as it has been held obvious to substitute one known element for another to obtain predictable results (see MPEP 2143).
Response to Arguments
Applicant's arguments filed 4/23/2024 have been fully considered but they are not persuasive.
Applicant argues Feng discloses very broad ranges and a large number of possible concentrations, and further contends there is unexpected results of the composition claimed.
Examiner contends that to date, Applicant has not shown the claimed range to be critical by evidence of unexpected results. Regarding Applicant’s arguments that the ranges taught by Feng are very broad and encompasses a large number of concentrations, these arguments fail to rebut the presumption of obviousness (see MPEP 2144.05).
For at least the reasons stated above, Applicant’s arguments are found unpersuasive and the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached on 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
Prosecution Insights