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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. (US Pub. No. 2018/0127341) in view of Cantrell et al. (US Pub. No. 2018/0249738).
Regarding Claims 1-4: Nakamura et al. teaches a composition comprising HCFO-1233yd (1-chloro-2,3,3-trifluoropropene) and HCFC-244ca (1-chloro-2,2,3,3-tetrafluoropropane), wherein the HCFC-244ca is present in 0.0001 to 1 mass% relative to a content of HCFO-1233yd and the amount of HCFO-1233yd in the composition is 90 mass% or more (abstract and [0034]).
Nakamura et al. does not teach the composition wherein the second component is as claimed. However, Cantrell et al. teaches the coolant/heat transfer fluid HCFC-244eb (3-chloro-1,1,1,2-tetrafluoropropane) (abstract and [0028]). Nakamura et al. and Cantrell et al. are analogous art because they are concerned with the same field of endeavor, namely coolant/heat transfer compositions. At the time of the invention a person of ordinary skill in the art would have found it obvious to substitute the HCFC-244ca of Nakamura et al. with the HCFC-244eb (3-chloro-1,1,1,2-tetrafluoropropane) of Cantrell et al. and would have been motivated to do so because they are disclosed by Cantrell et al. as equivalent alternative coolants ([0028] and MPEP 2144.06).
Regarding Claim 7: Nakamura et al. teaches the composition further comprising a non-volatile organic compound to form a composition for forming a coating film (abstract).
Response to Arguments
Applicant's arguments filed January 8, 2026 have been fully considered but they are not persuasive.
Applicant argues that one of ordinary skill in the art would not be motivated to substitute the HCFC-244ca of Nakamura et al. with the HCFC-244eb of Cantrell et al. because Nakamura et al. is directed to a cleaning solvent whereas Cantrell et al. is directed to coolants for refrigerants. However, Nakamura et al. teaches that the composition can also be used as a heat transfer fluid for a heat cycle system such as a refrigeration system (abstract and [0111]-[0112]).
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER F GODENSCHWAGER whose telephone number is (571)270-3302. The examiner can normally be reached 8:30-5:00, M-F EST.
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, Mark Eashoo can be reached at 571-272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER F GODENSCHWAGER/ Primary Examiner, Art Unit 1767 January 29, 2026
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