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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/18/2025 has been entered.
This action is responsive to Applicant’s request for continued examination filed on 12/12/2025 and prior amendment/remarks submission filed 11/18/2025.
Claims 1-8 are currently pending.
The IDS statement filed 12/12/2025 has been considered. An initialed copy accompanies this action.
Response to Amendment
The rejections under 35 U.S.C. 103 as being unpatentable over (or based on) Fukushima (US 2017/0058173 A1) in view of Tooyama et al. (JP 2013-172615 A) set forth in the Office action mailed 06/06/025 are maintained and have been revised below to reflect the changes in claim scope made by Applicant’s present claim amendments.
The rejection on the grounds of nonstatutory double patenting as being unpatentable over the claims of U.S. Patent No. 11,834,601 is withdrawn in view of Applicant’s amendment to the instant claims. The instant claimed refrigerant(s) no longer overlap with the refrigerant(s) recited in U.S. 11,834,601.
The rejections on the grounds of nonstatutory double patenting as being unpatentable over the claims of US Patent Nos. 11,435,118, 11,441,802, 11,441,819, 11,493,244, 11,506,425, 11,549,041, 11,549,695, 11,820,933, 11,906,207, 12,270,575, & 12,379,140 and the claims of copending application nos. 17/887,125, 18/079,383, & 18/226,936 set forth in the Office action mailed 08/18/025 are each maintained and have been revised below to reflect the changes in claim scope made by Applicant’s present claim amendments to the instant claims or issuance of the copending claims as a patent.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (US 2017/0058173 A1) in view of Tooyama et al. (JP 2013-172615 A). Citations to Tooyama et al. are with respect to the English language machine translation of the reference that was submitted by Applicant in the parent application’s (US 16/913,145) file wrapper.
Fukushima teaches heat cycle system apparatus including air-conditioning apparatus ([0003], [0143]+, & [0175]) containing working fluid/refrigerant compositions comprising trans-1,2-difluoroethylene (“HFO-1132(E)”) (abstract & [0012]). The apparatus comprises a compressor that compresses the working fluid/refrigerant ([0053] & [0143]). Preferred/exemplary compositions contain a mixture of trans-1,2-difluoroethylene (“HFO-1132(E)”), difluoromethane (“HFC-32” aka R32), and 2,3,3,3-tetrafluoro-1-propene (“HFO-1234yf” aka R1234yf) (see Table 13 at p. 15; see also [0090]).
Fukushima teaches the following exemplary refrigerant blends (Table 13, p.15):
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While the reference is not sufficiently specific to anticipate the claimed refrigerant concentrations recited as the alternative refrigerants numbered (1) to (3) in independent claim 1, there is nevertheless a strong case of prima facie obviousness of the concentrations of these alternative refrigerant compositions over the cited teachings of Fukushima because the totality of Table 13 overlaps each of the particularly recited figures of the recited line segments and meets the claimed 99.5 mass% or more total/sum concentration. Note that the working examples of Table 13 generally vary as having 20-80 wt.% HFO-1132(E), 10-70 wt.% HFC-32, and 10-70 HFO-1234yf where the sum of HFO-1132(E), HFC-32, and HFO-1234yf in each and every example is 100 wt.%; these ranges alone overlap the limitations of the alternative refrigerants numbered (1) to (3) in the independent claim and meet the requirement in each alternative refrigerant that the refrigerant comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass% or more based on the entire refrigerant. Furthermore, these working examples also demonstrate trade-off of several beneficial properties in the refrigerant art among the data points (temperature glide, relative COPs, relative refrigerating capacities, and GWP; the Table shows some properties increase while others decrease depending on the relative concentrations).
To show the extent of overlap, the Examiner submits the following figure which plots the working examples of Fukushima’s Table 13 against a ternary diagram showing the scope of the claimed figures (with the linear and quadratic line segments) of 1) ON, NU, & UO, 2) QR, RT, TL, LK, & KQ, and 3) PS, ST, TP, i.e., claim 1’s refrigerants (1), (2), and (3), respectively:
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In the above figure, Fukushima’s working examples from Table 13 are numbered as they are from the reference (113, 114, etc.), the extremities of Fukushima's examples are connected as a dotted-dashed line (which demonstrates the total extent and/or concentrations of Fukushima’s Table 13), the various claimed figures (ONU of refrigerant (1), QRTLK of refrigerant (2), & PST of refrigerant (3)) are shown with bolded lines, and the overlapping portions between the various claimed figures and the extent of the cited Table 13 are filled-in with black. Note that the filled-in portions may obscure some of the point reference characters (P, R, S, & T) and segments thereof, but they are still there. See also, for example, and compare with Figure 2 of the present application’s original specification.
In view of the foregoing, the cited examples in Fukushima clearly encompass and overlap each of the claimed refrigerant concentrations. See MPEP 2144.05. Additionally and/or alternatively, with the above-cited trade-off(s) in mind demonstrated in the Table, at the time of the effective filing date it would have also been obvious to a person of ordinary skill in the art to arrive at each of the claimed refrigerant compositions (1) to (3) in independent claim 1 from the cited teachings of the Fukushima by varying/optimizing the relative amounts of HFO-1132(E), HFC-32, and HFO-1234yf as disclosed in the reference with the reasonable expectation of striking a beneficial balance of temperature glide, a relative coefficient of performance, a relative heating capacity, and GWP suitable for use as a refrigerant. Stated differently, each exemplary point in Fukushima’s Table 13 corresponds to an exemplary, preferred, and/or otherwise sufficient refrigerant composition with a beneficial/sufficient balance of temperature glide, relative COP, relative refrigerating capacity, and GWP, and a person of ordinary skill in the art would expect intermediate points between these exemplary points would also obtain beneficial/sufficient temperature glides, relative COPs, relative refrigerating capacities, and GWPs of varying degree(s) between the exemplary points.
Alternatively and/or further regarding the claimed 99.5 mass% or more total/sum concentration of HFO-1132(E), R32, and R1234yf, the teachings of Fukushima encompass a composition containing only (i.e., 100 mass%) of the HFO-1132(E), R32, and R1234yf components because each and every further component is expressly disclosed as “optional” or disclosed using terminology synonymous with optional (e.g., “may further contain”, “may be used”, etc.). See para. 0096, 0107, 0108, and 0133. The disclosure that the additional components are optional means that the reference expressly teaches compositions that do not contain those components, meaning the teachings of Fukushima encompass a composition containing only (i.e., 100 mass%) of the HFO-1132(E), R32, and R1234yf components. Furthermore and/or alternatively, the reference’s mixture of only HFO-1132(E), R32, and R1234yf is disclosed as a “working fluid” meeting the claimed refrigerant and that the working fluid (i.e., refrigerant) is mixed with a refrigerant oil to obtain a “composition for a heat cycle system” (para. 0012 and 0107), indicating that, even if a refrigerant oil is present with the working fluid of HFO-1132(E), R32, and R1234yf as a composition for a heat cycle system, the working fluid of HFO-1132(E), R32, and R1234yf is composed of 100 mass% of HFO-1132(E), R32, and R1234yf which reads on the claimed refrigerant(s) and refrigerant mixture(s).
The further-recited apparatus structure regarding a motor driving the compressor and a power conversion device that is connected between an alternating current (AC) power source and the motor, has a switching element, and controls the switching element such that an output of the motor becomes a target value is not disclosed in Fukushima.
However, Tooyama et al. teach a power conversion device having switching control for driving an electric motor of a compressor provided in a refrigerant circuit of an air conditioner apparatus ([0001] & [0051]). Many embodiments are disclosed, but the gist of all of them is that the power conversion device takes an AC power supply/source and converts the AC power supply to supply three-phase AC current with a variable frequency and variable current to the electric motor (see, e.g., [0002], [0056], [0085], & Figures 1 to 3). Some embodiments include a rectifier circuit (20 in the reference) that rectifies an AC voltage of the AC power source and a capacitor (26 in the reference) connected in parallel between an output side of the rectifier circuit and smooths voltage variation/fluctuation caused by switching in the device (see [0050], [0053], [0055], [0070], and Fig. 1 & 2). These embodiments also include an inverter circuit (30 in the reference) ([0050], [0056], [0070], and Fig. 1 & 2). As is well known in circuitry, rectifiers inherently receive an AC voltage and convert the AC voltage in a direct current (DC) voltage, and inverters inherently convert DC voltage into an AC voltage; accordingly, these embodiments read on the device being an indirect matrix converter (i.e., indirect conversion of AC to AC via an intermediate conversion of AC to DC; in other words, an AC to DC to AC converter) including a converter that receives an AC voltage of the AC power source and converts the AC voltage in a DC voltage and inverter that converts the DC voltage into an AC voltage and supplies the AV voltage to the motor. Other embodiments alternatively include a matrix converter (51 in the reference) that directly converts an AC voltage of the AC power source into an AC voltage having a predetermined frequency and supplies/outputs it to the motor without converting it into a DC voltage (Id. & [0084]-[0088] & Fig. 3). Tooyama et al. further teach the AC power source may be a single-phase power source or a three-phase power source ([0050], [0070], [0088], & Fig. 1 to 3).
At the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide the power conversion device/apparatus of Tooyama et al. to that in Fukushima in order to obtain an air conditioning device with a sufficiently controlled, if not improved control, of power driving an electric motor of the air conditioner device’s compressor with a reasonable expectation of success.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (US 2017/0058173 A1) in view of Tooyama et al. (JP 2013-172615 A) as applied to claims 1-6 above, and further in view of Trane Air Conditioning Manual (Chapters VI & VII to Refrigeration Theory, Compressors and Refrigeration Cycle Components & Refrigeration and Cooling Apparatus, pages 121 to 240, 1996) or Yanashima et al. (US 2002/0140309 A1).
The disclosure of Fukushima in view of Tooyama et al. is relied upon as set forth above. Fukushima in view of Tooyama et al. teach an air conditioning apparatus comprising a compressor that compresses a refrigerant composition comprising trans-1,2-difluoroethylene (and difluoromethane and 2,3,3,3-tetrafluoropropene) with a motor that drives the compressor and a power conversion device that supplies power to the motor.
While the references clearly teach presence of a compressor, they fail to specify the type of compressor as claimed.
However, the recited types of compressors are well known in the art, and at the time of the effective filing date it would have been obvious to a person of ordinary skill in the refrigeration/air conditioning art(s) to provide any one of the recited compressor types (e.g., scroll, rotary, turbo, or screw) as the generic compressor in Fukushima in view of Tooyama et al. in order to obtain an air conditioning device with a reasonable expectation of success.
The cited Trane Air Conditioning Manual and Yanashima et al. references are each documentary evidence of such a statement/rationale. The Refrigeration Theory, Compressors and Refrigeration Cycle Components chapter and the Refrigeration and Cooling Apparatus chapter of the Trane Air Conditioning Manual teach each of scroll compressors, rotary compressors, turbo (centrifugal) compressors, and screw compressors are well-known and suitable to serve as the compressor in an air conditioning device (p.140, 144, 145, 187, & 188). Note that the Trane Air Conditioning Manual also teach compressors are well known to be driven by an electric motor (p.140 & 188). Alternatively, Yanashima et al. is drawn to electric motors for driving air conditioner compressors (abstract, [0030], [0033]) and teach scroll compressors, rotary compressors, and screw compressors are well-known and suitable to serve as the compressor in an air conditioning device ([0119]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Fukushima (US 2017/0058173 A1) in view of Tooyama et al. (JP 2013-172615 A) as applied to claims 1-6 above, and further in view of Yanashima et al. (US 2002/0140309 A1).
The disclosure of Fukushima in view of Tooyama et al. is relied upon as set forth above. Fukushima in view of Tooyama et al. teach an air conditioning apparatus comprising a compressor that compresses a refrigerant composition comprising trans-1,2-difluoroethylene (and difluoromethane and 2,3,3,3-tetrafluoropropene) with a motor that drives the compressor and a power conversion device that supplies power to the motor.
While the references clearly teach presence of a motor that drives the compressor, they fail to specify the motor is a permanent magnet synchronous motor having a rotor including a permanent magnet as recited.
However, Yanashima et al. is drawn to three-phase electric motors for driving air conditioner compressors (abstract, [0030], [0033]) and teach incorporating permanent magnets into slots of the motor’s rotor in a manner so as to improve features of the motor (abstract). In other words, Yanashima et al. teach synchronous motors having a rotor including permanent magnets, i.e., permanent magnet synchronous motors, are well-known and suitable to serve as motor/driving-means of compressors in an air conditioning device ([0119]).
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide a permanent magnet synchronous motor as taught by Yanashima et al. as the motor/driving-means for the compressor of Fukushima in view of Tooyama et al. in order to obtain an air conditioning device with a reasonable expectation of success.
Double Patenting
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over the following listed U.S. Patents and copending applications, and further in view of Tooyama et al. (JP 2013-172615 A), Trane Air Conditioning Manual (Chapters VI & VII to Refrigeration Theory, Compressors and Refrigeration Cycle Components & Refrigeration and Cooling Apparatus, pages 121 to 240, 1996) and Yanashima et al. (US 2002/0140309 A1).
Patent Number Claims
11,435,118 1-18
11,441,802 1-24
11,441,819 1-20
11,493,244 1-10
11,506,425 1-30
11,549,041 1-4
11,549,695 1-5
11,820,933 1-5
11,906,207 1-5
12,270,575 1-9
12,379,140 1-13.
Application Number Claims
17/887,125 2, 8, 10, and 11
18/079,383 1-9 and 11
18/226,936 2 and 6-11.
The cited issued patents and copending applications claim air conditioning and/or refrigeration apparatus containing a refrigerant comprising trans-1,2-difluoroethylene/HFO-1132(E), difluoromethane/R32, and 2,3,3,3-tetrafluoro-1-propene/R1234yf in amounts that at least overlap, if not encompass or equivalent to, at least one of the particular sets of concentrations recited in refrigerants (1) to (3) in independent claim 1 of the instant claims. The recited concentrations of HFO-1132(E), R32, and R1234yf are also recited in the patented/copending claims to sum to 100 mass% and/or that the total content of HFO-1132(E), R32, and R1234yf is more than 99.5 mass% of the refrigerant, either of which meets the instantly claimed total amount of 99.5 mass% or more concentration; alternatively, the cited issued patents and applications disclose their refrigerant compositions preferably comprise HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant in their specifications (note that it is proper to construe a claim using the reference patent disclosure to ascertain whether a claim defines an obvious variation of an invention claimed in a reference patent; see MPEP 804, II, B, 1). The cited issued patents and applications either further recite the apparatus contains a compressor or disclose in their specifications to contain a compressor. Alternatively, air conditioning and/or refrigeration apparatus generally contain a compressor driven by a motor, as is well known in the art.
The difference between the instantly claimed invention and the listed issued patents and copending applications is that the listed issued patents and copending applications do not recite the apparatus comprises a power conversion device and the incidental structure to the compressor and motor, as claimed.
However, it would have been obvious to a person of ordinary skill in the art to provide the missing apparatus structure to the claimed apparatus in the cited issued patents and copending applications in further view of the following-cited teachings of the secondary references in order to obtain an air conditioning and/or refrigeration apparatus having a power converting means and/or a compressor-driving means thereof with a reasonable expectation of success.
Tooyama et al. teach a power conversion device having switching control for driving an electric motor of a compressor provided in a refrigerant circuit of an air conditioner apparatus ([0001] & [0051]). Many embodiments are disclosed, but the gist of all of them is that the power conversion device takes an AC power supply/source and converts the AC power supply to supply three-phase AC current with a variable frequency and variable current to the electric motor (see, e.g., [0002], [0056], [0085], & Figures 1 to 3). Some embodiments include a rectifier circuit (20 in the reference) that rectifies an AC voltage of the AC power source and a capacitor (26 in the reference) connected in parallel between an output side of the rectifier circuit and smooths voltage variation/fluctuation caused by switching in the device (see [0050], [0053], [0055], [0070], and Fig. 1 & 2). These embodiments also include an inverter circuit (30 in the reference) ([0050], [0056], [0070], and Fig. 1 & 2). As is well known in circuitry, rectifiers inherently receive an AC voltage and convert the AC voltage in a direct current (DC) voltage, and inverters inherently convert DC voltage into an AC voltage; accordingly, these embodiments read on the device being an indirect matrix converter (i.e., indirect conversion of AC to AC via an intermediate conversion of AC to DC; in other words, an AC to DC to AC converter) including a converter that receives an AC voltage of the AC power source and converts the AC voltage in a DC voltage and inverter that converts the DC voltage into an AC voltage and supplies the AV voltage to the motor. Other embodiments alternatively include a matrix converter (51 in the reference) that directly converts an AC voltage of the AC power source into an AC voltage having a predetermined frequency and supplies/outputs it to the motor without converting it into a DC voltage (Id. & [0084]-[0088] & Fig. 3). Tooyama et al. further teach the AC power source may be a single-phase power source or a three-phase power source ([0050], [0070], [0088], & Fig. 1 to 3).
At the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide the power conversion device/apparatus of Tooyama et al. to the air conditioning and/or refrigeration apparatus of the cited issued patents and copending applications in order to obtain devices with a sufficiently controlled, if not improved control, of power driving an electric motor of the air conditioner device’s compressor with a reasonable expectation of success.
The Refrigeration Theory, Compressors and Refrigeration Cycle Components chapter and the Refrigeration and Cooling Apparatus chapter of the Trane Air Conditioning Manual teach each of scroll compressors, rotary compressors, turbo (centrifugal) compressors, and screw compressors are well-known and suitable to serve as the compressor in an air conditioning device (p.140, 144, 145, 187, & 188). Note that the Trane Air Conditioning Manual also teach compressors are well known to be driven by an electric motor (p.140 & 188).
At the time of the effective filing date it would have been obvious to a person of ordinary skill in the refrigeration/air conditioning art(s) to provide any one of the compressor types (e.g., scroll, rotary, turbo, or screw) as taught by the Trane Air Conditioning Manual as the compressors of the air conditioning and/or refrigeration apparatus of the cited issued patents and copending applications in order to obtain an air conditioning device with a reasonable expectation of success.
Yanashima et al. is drawn to three-phase electric motors for driving air conditioner compressors (abstract, [0030], [0033]) and teach incorporating permanent magnets into slots of the motor’s rotor in a manner so as to improve features of the motor (abstract). In other words, Yanashima et al. teach synchronous motors having a rotor including permanent magnets, i.e., permanent magnet synchronous motors, are well-known and suitable to serve as motor/driving-means of compressors in an air conditioning device ([0119]). Yanashima et al. also teach scroll compressors, rotary compressors, and screw compressors are well-known and suitable to serve as the compressor in an air conditioning device ([0119]).
At the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide a permanent magnet synchronous motor as taught by Yanashima et al. as the motor/driving-means for the compressors of the air conditioning and/or refrigeration apparatus of the cited issued patents and copending applications in order to obtain an air conditioning device with a reasonable expectation of success. At the time of the effective filing date it would have also been obvious to a person of ordinary skill in the refrigeration/air conditioning art(s) to provide any one of the compressor types (e.g., scroll, rotary, or screw) as taught by Yanashima et al. as the compressors of the air conditioning and/or refrigeration apparatus of the cited issued patents and copending applications in order to obtain an air conditioning device with a reasonable expectation of success.
The rejections citing U.S. Patents are non-provisional nonstatutory double patenting rejections because the patentably indistinct claims have been patented. The rejections citing copending U.S. applications are provisional nonstatutory double patenting rejections because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
Regarding the 103 rejections over (or based on) Fukushima (US 2017/0058173 A1) in view of Tooyama et al. (JP 2013-172615 A) Applicant argues Fukushima does not disclose the total amount of HFO-1132(E), R32, and R-1234yf is 99.5 mass% or more based on the entire refrigerant as amended in claim 1. Applicant’s position is that Fukushima fails to teach or suggest this newly claimed requirement because “Fukushima discloses that optional components, refrigerant oil, and other additives can be added to the composition” per para. 0096, 0107, 0108, and 0133.
In response, this argument is not persuasive because optional components are just that – optional. The teachings of Fukushima encompass a composition containing only (i.e., 100 mass%) of the HFO-1132(E), R32, and R1234yf components because each and every further component is expressly disclosed as “optional” or disclosed using terminology synonymous with optional (e.g., “may further contain”, “may be used”, etc.). See para. 0096, 0107, 0108, and 0133. The disclosure that the additional components are optional means that the reference expressly teaches compositions that do not contain those components, meaning the teachings of Fukushima encompass a composition containing only (i.e., 100 mass%) of the HFO-1132(E), R32, and R1234yf components. A prior art reference’s optional inclusion of a component that is expressly excluded or precluded in the instant claims is not a teaching away nor a disparaging prior art. In fact, a reference disclosing optional inclusion of a particular component teaches compositions that both do and do not contain that component. Accordingly, Fukushima teaches compositions that do not contain optional components, refrigerant oil, and other additives beyond the HFO-1132(E), R32, and R1234yf refrigerant components. See Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005).
If this were not enough, additionally note the rejection of record relies on Table 13 Fukushima to establish prima facie overlap of the recited refrigerant compositions. The working examples of Table 13 generally vary as having 20-80 wt.% HFO-1132(E), 10-70 wt.% HFC-32, and 10-70 HFO-1234yf where the sum of HFO-1132(E), HFC-32, and HFO-1234yf in each and every example is 100 wt.% of the three components; these ranges alone overlap the limitations of the alternative refrigerants numbered (1) to (3) in the independent claim and meet the requirement in each alternative refrigerant that the refrigerant comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass% or more based on the entire refrigerant. A total amount of 100 wt.% is in a total amount of 99.5 mass% or more based on the entire refrigerant, as claimed.
Furthermore and/or alternatively, the reference’s mixture of only HFO-1132(E), R32, and R1234yf is disclosed as a “working fluid” meeting the claimed refrigerant and that the working fluid (i.e., refrigerant) is mixed with a refrigerant oil to obtain a “composition for a heat cycle system” (para. 0012 and 0107), indicating that, even if a refrigerant oil is present with the working fluid of HFO-1132(E), R32, and R1234yf as a composition for a heat cycle system, the working fluid of HFO-1132(E), R32, and R1234yf (Fukushima’s entire refrigerant) is composed of 100 mass% of HFO-1132(E), R32, and R1234yf which reads on the claimed refrigerant(s) and refrigerant mixture(s).
Regarding the nonstatutory double patenting rejections, Applicant argues (for all of the nonstatutory double patenting rejections except for US 11,834,601), the patented and copending claims do not require the refrigerants comprise HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass% or more based on the entire refrigerant.
In response, this argument is not persuasive because the cited patents and copending applications (except for US 11,834,601, which is no longer applied, Id.) recite equivalent limitations in their claims and/or establish the limitation as an obvious variant of their HFO-1132(E), R32, and R1234yf compositions:
Claims 1, 6, 11, and 13-18 of U.S. Pat. No. 11,435,118 each recite "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claims 5, 9, 13, 17, and 21 of U.S. Pat. No. 11,441,802 each recite "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claims 1, 5, 9, 13, and 17 of U.S. Pat. No. 11,441,819 each recite "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claims 1 and 7-10 of U.S. Pat. No. 11,493,244 each recite "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claims 1, 7, 13, 19, and 25 of U.S. Pat. No. 11,506,425 each recite "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claim 1 of U.S. Pat. No. 11,549,041 recites "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claims 1-5 of U.S. Pat. No. 11,549,695 each recite "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claim 1 of U.S. Pat. No. 11,820,933 recites "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claim 1 of U.S. Pat. No. 11,906,207 recites "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claim 1 of U.S. Pat. No. 12,270,575 recites "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claim 7 of U.S. Pat. No. 12,379,140 recites "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the patent's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claim 1 of copending application No. 17/887,125 recites "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%"; the copending application's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Claim 1 of copending application No. 18/079,383 (allowed as of 12/18/2025 but not yet patented as of writing this correspondence) recites "the total content of HFO-1132(E), R32, and HFO1234yf is more than 99.5 mass%, based on the total of the refrigerant".
Claim 2 of copending application No. 18/226,936 recites "the sum of HFO-1132(E), R32, and R1234yf is 100 mass%" and claim 6 even recites "the refrigerant comprising HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass% or more based on the entire refrigerant"; the copending application's specification also discloses the refrigerant preferably comprises HFO-1132(E), R32, and R1234yf in a total amount of 99.5 mass % or more based on the entire refrigerant.
Note that it is proper to construe a claim using the reference patent disclosure to ascertain whether a claim defines an obvious variation of an invention claimed in a reference patent. See MPEP 804, II, B, 1.
In response to Applicant’s alternative request to hold in abeyance a response, such as, a terminal disclaimer to the nonstatutory double patenting rejections, it is noted that the filing of a terminal disclaimer cannot be held in abeyance since that filing “is necessary for further consideration of the rejection of the claims” as set forth in MPEP § 804 (I)(B)(1): “As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application’s claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated.”
Accordingly, the rejections are maintained for the reasons of record.
The remaining references listed on Forms 892 and 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon or described above.
Correspondence
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/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
/M.R.D./
February 3, 2026