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 .
This action is responsive to Applicant's amendments/remarks filed 08/19/2025.
Claims 1, 3-8, 11, 13-16, and 18-21 are currently pending, of which claims 3-7, 11, 13-16, and 18-20 are withdrawn. Claims 1, 8, and 21 are currently under examination.
The rejection of claim 10 are rejected under 35 U.S.C. 103 as being unpatentable over Minor (US 2009/0255285 A1, hereinafter Minor) is withdrawn in view of the above amendments.
The rejection of claims 1, 8, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Minor (US 2009/0255285 A1, hereinafter Minor) is maintained in view of the above amendments.
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, 8, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Minor (US 2009/0255285 A1, hereinafter Minor).
Regarding claims 1 and 8, the limitation “for an HVACR system” is an intended use and does not add structural difference, thus the intended use is extended little patentable weight. See MPEP § 2112.02. Minor teaches a composition for use in refrigeration, air-conditioning, and heat pump systems (abstract).
Minor teaches that HFC-1225ye is trans-isomer (HFC-1225ye(E)) (para [0015]). Minor teaches that a refrigerant composition consists of HFC-1225ye, HFC-1234yf and HFC-32, wherein HFC-1225ye is in an amount of 10-90 wt.%, HFC-1234yf is in an amount of 5-90 wt.%, and HFC-32 is in an amount of 0.1-50 wt.% (p. 3, Table 2, para [0023]), which overlap with the claimed ranges of “the R1125ye(E) refrigerant being at or about 45 wt%, or less than 45 wt% and greater than 0 wt% of the refrigerant composition”, “the R1234yf refrigerant being from at or about 32 wt% to at or about 86 wt% of the refrigerant composition”, and “the R32 refrigerant being from at or about 14 wt% to at or about 29 wt% of the refrigerant composition”.
Minor also teaches that the composition has low global warming potential (GWP), and has a GWP of less than 150 (para [0040]), which falls within the claimed range of “at or about 200 or less than 200”. Minor teaches that the composition is useful as low global warming potential (GWP) replacement for R407C (para [0041]).
Minor does not teach the claimed composition at once under the meaning of anticipation, and does not teach that the composition has the capacity that is at or about 80% or greater than 80% of a capacity of R407C refrigerant, and a temperature glide of at or about 8°K or less than 8°K.
However, 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, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed capacity, temperature glide, and GWP would flow naturally from the teachings of Minor, because Minor's teaching provides substantially the same composition consisting of the same amounts of HFC-1225ye(E), HFC-1234yf and HFC-32 as claimed. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 21, the limitation “for a HVACR system” is an intended use and does not add structural difference, thus the intended use is extended little patentable weight. See MPEP § 2112.02. Minor teaches a composition for use in refrigeration, air-conditioning, and heat pump systems (abstract). Minor also teaches that the composition is a heat transfer fluid (abstract), which reads on the claimed working fluid. Any remaining claim limitations are optional.
Response to Arguments
Applicant's arguments filed 08/19/2025 have been fully considered but they are not persuasive.
Applicant provided Annotated Figure 8 to illustrate the preferred composition ranges (shaded area) and specific compositions (each marked with a dot) of Minor (p. 7, last para; p. 8).
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200
400
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Greyscale
Applicant also provided Annotated Figure 9 in which the dark shading indicates compositions in the claimed range (p. 8).
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200
400
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Applicant argues that nothing in Minor discusses the specifically selected blend of R1225ye/R1234yf/R32 being suitable for replacing R407C at the specific weight percentage ranges as required by claim 1; to the contrary, as indicated with dots in Annotated Figure 9 above, the specific compositions of R1225ye/R1234yf/R32 taught in Minor all have a capacity that is significantly less than 75% of the capacity of R407C, such that the specific compositions taught by Minor would not be suitable as replacements for R407C (p. 9, 1st para).
Applicant also argues that the specifically claimed combination of weight percentage ranges of at or about or less than 45 wt% of R1225ye(E), from at or about 14 wt% to at or about 29 wt% of R32, and from at or about 32 wt% to at or about 86 wt% of the R1234yf refrigerant provides a refrigerant composition that has a temperature glide of at or about 8°K or less than 8°K while being suitable for being replacement for R407C refrigerant (i.e., having at or about or greater than 80% of the capacity of R407C refrigerant) and having a GWP of at or about or less than 200; there would be no reasonable expectation from Minor that the claimed ranges of R1225ye(E), R32, and R1234yf would provide a low temperature glide of at or about 8°K or less than 8°K while being suitable for being replacement for R407C refrigerant (i.e., having at or about or greater than 80% of the capacity of R407C refrigerant) and having a GWP of at or about or less than 200; as such, the refrigerant composition of claim 1 provides unexpected properties and is non-obvious based on the teachings of Minor (p. 9, last para; p. 10, 1st para).
In response, Applicant’s arguments are not persuasive.
Firstly, regarding Applicant’s argument that the specific compositions of R1225ye/R1234yf/R32 of Minor (each marked with a dot in Annotated Figure 8 above) all have a capacity that is significantly less than 75% of the capacity of R407C, such that the specific compositions taught by Minor would not be suitable as replacements for R407C, Applicant’s argument is not persuasive.
"The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989). Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). See MPEP 2123.
Here, Minor teaches that HFC-1225ye is trans-isomer (HFC-1225ye(E)) (para [0015]). Minor teaches that a refrigerant composition consists of HFC-1225ye, HFC-1234yf and HFC-32, wherein HFC-1225ye is preferably in an amount of 10-90 wt.%, HFC-1234yf is preferably in an amount of 5-90 wt.%, and HFC-32 is preferably in an amount of 0.1-50 wt.% (p. 3, Table 2, para [0023]).
Annotated Figure 8 above shows that the preferred composition ranges (shaded area) of Minor (HFC-1225ye: 10-90 wt.%; HFC-1234yf: 5-90 wt.%; and HFC-32: 0.1-50 wt.%) overlap with the compositions having a capacity that is at or about or greater than 80% of the capacity of R407C refrigerant, thereby overlapping with the compositions having the property of replacing R407C.
Secondly, GWP is not an unexpected result. The Office regards GWP as an expected result, because it can be calculated from the refrigerant composition. Minor teaches that a refrigerant composition consists of HFC-1225ye, HFC-1234yf and HFC-32, wherein HFC-1225ye is in an amount of 10-90 wt.%, HFC-1234yf is in an amount of 5-90 wt.%, and HFC-32 is in an amount of 0.1-50 wt.% (p. 3, Table 2, para [0023]). The Office calculated the worst-case GWP for the composition as taught by Minor (see below). Thus, the GWP of the compositions in Minor is 338 or less, which overlaps with the claimed range of “at or about 200 or less than 200”.
GWP
wt%
HFC-1225ye
1
10-90
HFC-1234yf
1
5-90
HFC-32
675
0.1-50
Calculate GWP with maximum HFC-32
wt%
GWP
HFC-1225ye
50%
0.5
HFC-1234yf
HFC-32
50%
337.5
338 ≥ GWP of the composition in Minor
Thirdly, the showing of Figs. 8 and 9 demonstrates a tradeoff between GWP and capacity, which is not indicative of unexpected results. As the concentration of HFOs (1225yeE+1234yf) increase while HFCs decrease (32), GWP beneficially decreases at the expense of a lowered capacity (or gets closer to 50% of the capacity of R407C refrigerant). As the concentration of HFOs decrease while HFCs increase, capacity beneficially increases (or gets closer to 150% of the capacity of R407C refrigerant) at the expense of an increased GWP.
Fourthly, the fact that the inventor has recognized another advantage which would flow naturally from the combination of references cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). See MPEP 2145.II.
Minor teaches that HFC-1225ye is trans-isomer (HFC-1225ye(E)) (para [0015]). Minor teaches that a refrigerant composition consists of HFC-1225ye, HFC-1234yf and HFC-32, wherein HFC-1225ye is in an amount of 10-90 wt.%, HFC-1234yf is in an amount of 5-90 wt.%, and HFC-32 is in an amount of 0.1-50 wt.% (p. 3, Table 2, para [0023]), which overlap with the claimed ranges of “the R1125ye(E) refrigerant being at or about 45 wt%, or less than 45 wt% and greater than 0 wt% of the refrigerant composition”, “the R1234yf refrigerant being from at or about 32 wt% to at or about 86 wt% of the refrigerant composition”, and “the R32 refrigerant being from at or about 14 wt% to at or about 29 wt% of the refrigerant composition”.
Minor also teaches that the compositions in Minor can be azeotropic or near-azeotropic compositions ([0025]), or non-azeotropic compositions ([0031]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed temperature glide would flow naturally from the teachings of Minor, because Minor's teaching provides substantially the same composition consisting of the same amounts of HFC-1225ye(E), HFC-1234yf and HFC-32 as claimed. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
From the Annotated Figures 8 and 9 shown above, the compositions (shaded area in Annotated Figures 8) of Minor (HFC-1225ye: 10-90 wt.%; HFC-1234yf: 5-90 wt.%; and HFC-32: 0.1-50 wt.%) significantly overlap with the claimed refrigerant compositions (dark shading area in Annotated Figures 9), thereby overlapping with the compositions having the claimed property of a temperature glide of at or about 8°K or less than 8°K. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
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.
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/JIAJIA JANIE CAI/Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761