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 amendment filed 10/31/2025. While no remarks/arguments were filed with the present amendment, the Office will consider the most recent remarks/arguments filed 04/10/2025 as Applicant’s formal arguments to the rejections of record.
Claims 1-4, 19, and 20 are currently pending.
The IDS statement filed 01/10/2025 has been considered. An initialed copy accompanies this action.
Response to Amendment
The double patenting rejections over the claims of both U.S. Patent No. 11,566,155 and U.S. Patent No. 11,155,737 as previously set forth in the Office action mailed 10/10/2024 are maintained and have been revised below to reflect the changes in claim scope made by Applicant’s present claim amendments.
The rejection of claims 19 and 20 under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), fourth paragraph, is withdrawn in view of the above amendment.
However, the rejection of claim 4 under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), fourth paragraph, as previously set forth in the Office action mailed 10/10/2024 is maintained and has been revised below to reflect the changes in claim scope made by Applicant’s present claim amendments.
The various rejections under 35 U.S.C. 102(a)(1,2) and/or 103 as being anticipated and/or unpatentable over Rached (US 2013/0255284 A1) are withdrawn in view of the above amendment.
The rejection of claims 1-4, 19, and 20 under 35 U.S.C. 103 as being unpatentable over Robin et al. (US 2018/0264303 A1) is withdrawn in view of the above amendment.
However, the current rejections utilize a new secondary reference, Kontomaaris (US 2015/0191639 A1), combined with the prior Rached and Robin et al. references as separate primary references under new ground(s) of rejection which render obvious the instant claims. See the new 103 rejections, below.
Double Patenting
Claims 1, 2, 4, 19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims of U.S. Patent No. 11,566,155 (parent application).
Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the patent read as follows:
1. A secondary loop heat transfer system comprising: (a) a primary vapor compression system comprising a primary refrigerant in an evaporator in said primary vapor compression system; and (b) a secondary vapor compression system comprising a secondary refrigerant that is cooled by said primary refrigerant, said secondary refrigerant consisting essentially of: (i) from 76.6% by weight to about 78.6% by weight of HFO-1234ze(E); and (ii) from 17% by weight to about 19% by weight of HFO-1336mzz (E); and (iii) about 4.4% by weight of HFC-227ea, wherein said refrigerant has a GWP of less than about 150 and is non-flammable.
2. The secondary loop heat transfer system of claim 1 wherein said secondary vapor compression system comprises an evaporator containing at least a portion of said secondary refrigerant, wherein said secondary refrigerant has an evaporator glide of less than about 3.0° C.
5. The secondary loop heat transfer system of claim 1 wherein said primary refrigerant comprises one or more of R404A, R507, R410A, R455A, R32, R466A, R44B, R290, R717, R452B, R448A, R1234ze(E), R1234yf, and R449A.
11. The secondary loop heat transfer system of claim 1 wherein said secondary refrigerant consists of: (a) 78.6%+0.5%/−2.0% by weight of HFO-1234ze(E); (b) 17%+2.0%/−0.5% by weight of HFO-1336mzz (E); and (c) about 4.4%+2.0%/−0.5% by weight of HFC-227ea.
12. The secondary loop heat transfer system of claim 1 wherein said secondary refrigerant consists of: (a) 76.6%+0.5%/−2.0% by weight of HFO-1234ze(E); (b) 19%+2.0%/−0.5% by weight of HFO-1336mzz (E); and (c) about 4.4%+2.0%/−0.5% by weight of HFC-227ea.
13. A chiller system or a medium temperature refrigeration system comprising the secondary loop heat transfer system of claim 1.
The patented claims encompass the instantly claimed invention, albeit with different terminology. The patented secondary loop heat transfer system (i.e., a heat transfer system with two successive loops/circuits) is another way of describing a cascade heat transfer system as instantly claimed. The patented secondary refrigerant and loop thereof reads on the claimed upper stage refrigeration circuit and first refrigerant thereof; note the patented claims also recite this loop comprises an evaporator. The amounts of HFO-1234ze(E), HFO-1336mzz(E), HFC-227ea in the patent encompass, overlap, and/or fall within those of the instantly claimed first refrigerant. The primary refrigerant and loop thereof reads on the claimed lower stage refrigeration circuit comprising a second refrigerant different from the first refrigerant; note claim 5 of the patent clearly indicates via the selection of various refrigerant species that this refrigerant is indeed distinct from the refrigerant of the secondary loop.
Based on the foregoing, the present claims are rejected as nonstatutory double patenting.
Claims 1, 2, 4, 19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims of U.S. Patent No. 11,155,737 (grandparent application).
Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the patent read as follows:
1. A heat transfer system comprising: (a) an evaporator; and (b) a refrigerant in the evaporator, said refrigerant consisting essentially of: (i) from 76.6% by weight to about 78.6% by weight of HFO-1234ze(E); and (ii) from 17% by weight to about 19% by weight of HFO-1336mzz (E), and (iii) about 4.4% by weight of HFC-227ea, wherein said refrigerant has a GWP of less than about 150, is non-flammable and has an evaporator glide of less than about 3.0° C.
2. The heat transfer system of claim 1 wherein said refrigerant consists of said HFO-1234ze(E), said HFO-1336mzz (E), and said HFC-227ea.
3. A refrigerant consisting of: (a) from about 76.6 to about 78.6% by weight of HFO-1234ze(E); (b) from about 17% to about 19% by weight of said HFO-1336mzz (E); and (c) about 4.4% of HFC-227ea.
4. The refrigerant of claim 3 consisting of: (a) about 78.6% by weight of HFO-1234ze(E); (b) about 17% by weight of HFO-1336mzz (E); and (c) about 4.4% by weight of HFC-227ea.
5. The refrigerant of claim 3 consisting of: (a) about 76.6% by weight of HFO-1234ze(E); (b) about 19% by weight of HFO-1336mzz (E); and (c) about 4.4% by weight of HFC-227ea.
6. The refrigerant of claim 3 consisting of: (a) 78.6%+0.5%/ −2.0% by weight of HFO-1234ze(E); (b) 17%+2.0%/−0.5% by weight of HFO -1336mzz (E); and (c) about 4.4%+2.0%/−0.5% by weight of HFC-227ea.
7. The refrigerant of claim 3 consisting of: (a) 76.6%+0.5%/ −2.0% by weight of HFO-1234ze(E); (b) 19%+2.0%/−0.5% by weight of HFO -1336mzz (E); and (c) about 4.4%+2.0%/−0.5% by weight of HFC-227ea.
8. A heat transfer system comprising a refrigerant according to claim 3.
9. The heat transfer system of claim 1 comprising a chiller system or a medium temperature refrigeration system.
10. The heat transfer system of claim 8 comprising a chiller system or a medium temperature refrigeration system.
11. The heat transfer system of claim 8 comprising an operating heat transfer system comprising an evaporator having an inlet and outlet and refrigerant traveling from the inlet to outlet in the evaporator, wherein said refrigerant temperature in said evaporator during operation changes by an amount that is less than about 3° C. as the refrigerant travels from said inlet to said outlet.
13. The heat transfer system of claim 8 wherein said heat transfer system is selected from the group consisting of low temperature refrigeration systems, medium temperature refrigeration systems, cascade refrigeration systems, secondary loop refrigeration systems, heat pumps, and air conditioning systems.
15. The heat transfer system of claim 1 wherein said refrigerant consists essentially of: (a) 78.6%+0.5%/−2.0% by weight of HFO-1234ze(E); (b) 17%+2.0%/−0.5% by weight of HFO -1336mzz (E); and (c) about 4.4%+2.0%/−0.5% by weight of HFC-227ea.
18. The heat transfer system of claim 15 wherein said heat transfer system is selected from the group consisting of low temperature refrigeration systems, medium temperature refrigeration systems, cascade refrigeration systems, secondary loop refrigeration systems, heat pumps, and air conditioning systems.
The patented claims encompass the instantly claimed invention. The patented heat transfer system is claimed as a cascade heat transfer system (see, e.g., claims 13 and 18 of the patent). The patented refrigerant in the evaporator in the heat transfer system reads on the claimed upper stage refrigeration circuit, the evaporator, and the first refrigerant. The amounts of HFO-1234ze(E), HFO-1336mzz(E), HFC-227ea in the patent encompass, overlap, and/or fall within those of the instantly claimed first refrigerant. While the patented claims fail to recite the cascade heat transfer system further comprises a lower stage refrigeration circuit comprising a second refrigerant different from the first/claimed refrigerant, the patent’s specification states the cascade system has two or more stages which are relatively upper and lower stages and CO2, R1234yf, R455A are preferred as the lower stage refrigerant (see, e.g., col. 16 line 25+), which reads on the claimed limitations of the presence of a lower stage refrigeration circuit comprising a second refrigerant different from the first refrigerant and establishes the two inventions are obvious variations of one another. 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.
Based on the foregoing, the present claims are rejected as nonstatutory double patenting.
Claim Objections
Claims 2-4, 19, and 20 are objected to because of the following informalities: These dependent claims recite the preamble “The heat transfer system of claim 1”. However, note that claim 1 has been amended to recite “A cascade heat transfer system” from merely “A heat transfer system”. Applicant is suggested to update the preambles of the dependent claims to match that of the independent claim in order to improve clarity in the claims.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Independent claim 1 recites, inter alia, a “first refrigerant comprising: (i) from about 76% by weight to about 90% by weight of HFO-1234ze(E)”. Dependent claim 4 recites “wherein said first refrigerant comprises about 65% to about 78% by weight of HFO-1234ze(E).” Claim 4 fails to include all the limitations of its parent claim 1 because it lowers the minimum concentration of HFO-1234ze(E) in the refrigerant from about 76 wt.% to about 65 wt.%, which broadens the minimum amount of HFO-1234ze(E) rather than includes (or further limits) the parent’s claim recited minimum amount of HFO-1234ze(E).
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-4, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rached (US 2013/0255284 A1) in view of Kontomaaris (US 2015/0191639 A1) and vice-versa.
As to claims 1-4, Rached teaches refrigerant compositions comprising E-1,1,1,4,4,4-hexafluorobut-2-ene (i.e., the claimed HFO-1336mzz(E), also termed HFO-E-1336mzz in the reference) and at least one other compound as a heat transfer fluid and heat transfer equipment (i.e., systems) thereof (abstract and [0078]+). Example 3 at [0208] includes a Table of results for “a Refrigeration at Moderate Temperature” with compositions consisting of HFO-1234ze and HFO-E-1336mzz:
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272
518
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(see the reference for the entire Table). Alternatively, preferred compositions comprise or consist of any of the following:
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64
446
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66
440
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126
444
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61
446
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208
446
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See also other compositions at [0134], [0140], [0145], [0149], and [0150] as well as the Tables/Examples at [0191], [0197], [0202], [0205], and [0207]. E-1,1,1,4,4,4-hexafluorobut-2-ene is the claimed HFO-1336mzz(E), and 1,3,3,3-tetrafluoropropene is HFO-1234ze. Note that Rached directly teaches the HFO-1234ze is preferably in trans (E) form ([0102]), meaning any and all of the above preferred compositions comprise or consist of the recited amounts of HFO-1336mzz(E), HFO-1234ze(E), and any other additional component recited. The ranges of the above examples and preferred embodiments fall within, overlap, or encompass the claimed ranges of HFO-1234ze(E) and HFO-1336mzz(E) concentrations of the first refrigerant of claims 1 and 4. Note that the refrigerants of claims 1, 2 and 4, and 8 are open-ended and do not preclude the many express teachings of Rached that contain a third component (compositions comprising or consisting essentially of the recited components). While it is noted the refrigerant of claim 3 is closed-ended and consists of HFO-1234ze(E) and HFO-1336mzz(E), this is precisely what is taught and encompassed by [0054], [0134], [0191], and Example 3 of the reference; especially note that [0052] of the reference prefaces [0054] that the composition “consists of” the recited components. Also note that the claimed term “about” used to describe every end point of the ranges is defined in the present application’s original specification as meaning “the amount expressed in weight percent means that the amount of the component can vary by an amount of +/- 2% by weight” [0032]. Accordingly, claim 1 essentially includes compositions comprising 74-92 wt.% HFO-1234ze(E) and 8-26 wt.% HFO-1336mzz(E); the exemplary composition 75 wt.% HFO-1234ze (which is preferably the trans isomer, Id.) and 25 wt.% HFO-E-1336mzz of Rached’s Example 3 falls within the claimed ranges in view of the present invention’s definition of the “about” modifier. In any event, the exemplary composition 85 wt.% HFO-1234ze (preferably the trans isomer, Id.) and 15 wt.% HFO-E-1336mzz of Rached’s Example 3 certainly falls within the claimed ranges, too. Rached teaches their refrigerant compositions have a reduced environmental impact than prior refrigerant compositions and can replace an initial/prior composition in a heat transfer apparatus in order to reduce the environmental impact of the heat transfer apparatus (para. 0082).
All of the above rationale clearly meets, overlaps, and/or encompasses the instantly claimed first refrigerant composition (about 76-90 wt.% or 76-78 wt.% HFO-1234ze(E) and about 10-24 wt.% HFO-1336mzz(E)).
Regarding apparatus structure, Rached’s “Temp evap outlet” in the above-cited Example 3 denotes the temperature of the composition at the outlet of an evaporator ([0109]), clearly meeting the reference teaches a heat transfer system comprising a refrigeration circuit comprising an evaporator and a (first) refrigerant in the evaporator/circuit. Alternatively, Rached further teaches the heat transfer fluid/refrigerant compositions are provided to refrigeration systems ([0079]+) and process of cooling a fluid or body by a vapor compression circuit including evaporation of the heat transfer fluid ([0080]); evaporation of course involves an evaporator. Nevertheless, an evaporator in the circuit is taught at [0114].
The above teachings of Rached amount to teaching (either directly or obviously) a heat transfer system comprising a refrigerant circuit comprising an evaporator and a first refrigerant in the evaporator/circuit comprising (and consisting essentially of and consisting of) HFO-1336mzz(E) and HFO-1234ze(E) in concentrations encompassing, overlapping, and/or within those claimed. At the time of the effective filing date it would have been obvious to a person of ordinary skill in the art for a heat transfer fluid/refrigerant composition (and heat transfer system thereof), if not a generic composition of matter, comprising (and consisting essentially of and consisting of) HFO-1336mzz(E), as taught by Rached, to also have HFO-1234ze(E) in the blend where both the HFO-1336mzz(E) and HFO-1234ze(E) are at concentrations encompassing, overlapping, and/or within those claimed because Rached is directed to heat transfer systems comprising such refrigerants with concentrations thereof that encompass and overlap the ranges recited in the claims. “The combination of familiar [components] according to known methods is likely to be obvious when it does no more than yield predictable results.” KSR Intern. Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739 (2007). Obviousness only requires a reasonable expectation of success. In re Droge, 695 F.3d 1334, 104 USPQ 2d 1377, 1379, 1380 (Fed. Cir. 2012); and In re O’Farrell, 853 F.2d 894, 904 (Fed. Cir. 1988). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See also, MPEP 2143.02 & 2144.05.
Rached fails to teach their heat transfer system is a cascade heat transfer system where the above refrigeration circuit is an upper stage refrigeration circuit and there is additionally a lower stage refrigeration circuit comprising a second refrigerant different from the first refrigerant.
However, Kontomaaris teaches uses of working fluids comprising E/trans-1,1,1,4,4,4-hexafluoro-2-butene (E-HFO-1336mzz, the same compound of the claims and Robin et al.) where heat pumps that exchange heat between at least two cascade stages (in other words, cascade heat transfer systems) comprising a working fluid comprising E-HFO-1336mzz therein (abstract). Kontomaaris’ cascade heat transfer system provides the working fluid comprising the E-HFO-1336mzz in an upper cascade stage and a different refrigerant in a lower cascade stage (para. 0100); the lower cascade stage refrigerant lacks E-HFO-1336mzz per the disclosed list of refrigerants thereof at para. 0100 and is thus different than the working fluid comprising the E-HFO-1336mzz of the upper cascade stage. See Fig. 3 and the description at para. 0104+, which depicts a two stage cascade heat transfer system with an upper stage refrigeration circuit (high temp loop 114) and a lower stage refrigeration circuit; the cascade heat exchanger 122 transfer heat to the high temperature loop refrigerant causing it to be evaporated to form a vapor (para. 0108), i.e., the upper stage/high temp loop comprises an evaporator. See also Example 3 and Table 3 thereof. Kontomaaris teaches providing a cascade heat transfer system with a stage comprising the working fluid comprising E-HFO-1336mzz has the benefits of improving performance of the system when the working fluid heater is operated at temperatures approaching the working fluid cooler temperature required by the application (para. 0098) and/or providing a more environmentally sustainable working fluid and apparatus thereof (para. 0056).
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to configure/provide the cascade heat transfer system with two refrigerant loops with differing refrigerants, one of them being HFO-1336mzz(E)-based, as taught by Kontomaaris utilizing the HFO-1336mzz(E)/HFO-1234ze(E) refrigerant of Rached in order to obtain a heat transfer system with an improved performance when the working fluid heater is operated at temperatures approaching the working fluid cooler temperature required by the application and/or providing a reduced environmental impact or more environmentally sustainable working fluid and apparatus thereof with a reasonable expectation of success. Note that the references may also be combined in reverse order. Alternatively, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide Rached’s HFO-1336mzz(E)/HFO-1234ze(E) refrigerant(s) as the refrigerant of the HFO-1336mzz(E)-based refrigerant of the upper cascade stage in Kontomaaris’ cascade heat transfer system in order to obtain a heat transfer system with an improved performance when the working fluid heater is operated at temperatures approaching the working fluid cooler temperature required by the application and/or reducing the environmental impact of the heat transfer system or providing a more environmentally sustainable working fluid and apparatus thereof with a reasonable expectation of success.
As to claim 19, the combination of references meets the claimed limitation that the cascade heat transfer system comprises a chiller system. Rached’s apparatus broadly meets the claimed chiller (the system refrigerates and performs a chilling, i.e., a chiller), Rached also appears to teach the heat transfer system comprises a chiller system at/via [0113], [0114], & [0122], and Kontomaaris teaches their (cascade) heat transfer system(s) include a chiller system (para. 0067).
As to claim 20, the combination of references meets the claimed limitation that the cascade heat transfer system comprises a medium temperature refrigeration system. Rached’s disclosure that the refrigeration of the exemplary system of Example 3 is at “moderate temperature” directly meets the claimed “medium temperature refrigeration system”, Rached also teaches their heat transfer apparatus performs a process of cooling a fluid or body where the cooling is “at moderate temperature” ([0156]) which directly meets the claimed “medium temperature refrigeration system”, and Kontomaaris teaches their (cascade) heat transfer system(s) include a medium temperature refrigeration system per the system exemplified in Example 3, notably the lower cascade stage and its condenser temperature (Tcascade) and evaporator temperature (Tevap) values of Example 3, ([0133]-[0135] & Table 3).
Claims 1-4, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Robin et al. (US 2018/0264303 A1) in view of Kontomaaris (US 2015/0191639 A1) and vice-versa.
As to claims 1-4, Robin et al. teach a heat transfer system and refrigerant (also termed as a heat transfer fluid in the reference) with trans-1,1,1,4,4,4-hexafluoro-2-butene (HFO-1336mzz(E)) (abstract, [0004], [0086], & [0087]). The refrigeration (heat transfer) system has an evaporation step ([0087], [0090], & [0091]) which of course involves an evaporator. Regarding concentrations in their refrigerant composition, Robin et al. teach the amount of HFO-1336mzz(E) (also termed E-HFO-1336mzz in the reference) in the refrigerant is generally from 1-99 wt.% but also subsets thereof about 1 wt.% to about 20 wt.% and about 5 wt.% to about 20 wt.% ([0089]), which encompasses and overlaps the claimed first refrigerant HFO-1336mzz(E) range recited in claim 1. Robin et al. teach the HFO-1336mzz(E) is provided as a blend with other specific potential compounds taken from a Table and this blend consists essentially of these components ([0087], [0090]-[0092], [0094], [0095], & [0099]; see also [0007]). The Table (Table 1 at [0012]) indicates HFO-1234ze(E) as a compound to be mixed with HFO-1336mzz(E) and preferred ranges thereof are 1-99 wt.%, more preferably 5-95 wt.%, and most preferably 10-90 wt.%, which encompasses and overlaps the claimed first refrigerant HFO-1234ze(E) ranges recited in claims 1 and 4. Robin et al. teach their compositions are environmentally acceptable and do not contribute to ozone layer depletion (para. 0010).
The teachings of Robin et al. amount to a prima facie case of obviousness to a heat transfer system comprising a refrigerant circuit comprising an evaporator and a first refrigerant in the evaporator/circuit comprising (and consisting essentially of and consisting of) HFO-1336mzz(E) and HFO-1234ze(E) in concentrations encompassing, overlapping, and/or within those claimed. At the time of the effective filing date it would have been obvious to a person of ordinary skill in the art for a refrigerant blend (and heat transfer systems thereof), if not a generic composition of matter, comprising (and consisting essentially of and consisting of) HFO-1336mzz(E), as taught by Robin et al., to also have HFO-1234ze(E) in the blend where both the HFO-1336mzz(E) and HFO-1234ze(E) are at concentrations encompassing, overlapping, and/or within those claimed because Robin et al. is directed to heat transfer systems comprising such refrigerants with concentrations thereof that encompass and overlap the ranges recited in the claims. “The combination of familiar [components] according to known methods is likely to be obvious when it does no more than yield predictable results.” KSR Intern. Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739 (2007). Obviousness only requires a reasonable expectation of success. In re Droge, 695 F.3d 1334, 104 USPQ 2d 1377, 1379, 1380 (Fed. Cir. 2012); and In re O’Farrell, 853 F.2d 894, 904 (Fed. Cir. 1988). See also, MPEP 2143.02.
Robin et al. fail to teach their heat transfer system is a cascade heat transfer system where the above refrigeration circuit is an upper stage refrigeration circuit and there is additionally a lower stage refrigeration circuit comprising a second refrigerant different from the first refrigerant.
However, Kontomaaris teaches uses of working fluids comprising E/trans-1,1,1,4,4,4-hexafluoro-2-butene (E-HFO-1336mzz, the same compound of the claims and Robin et al.) where heat pumps that exchange heat between at least two cascade stages (in other words, cascade heat transfer systems) comprising a working fluid comprising E-HFO-1336mzz therein (abstract). Kontomaaris’ cascade heat transfer system provides the working fluid comprising the E-HFO-1336mzz in an upper cascade stage and a different refrigerant in a lower cascade stage (para. 0100); the lower cascade stage refrigerant lacks E-HFO-1336mzz per the disclosed list of refrigerants thereof at para. 0100 and is thus different than the working fluid comprising the E-HFO-1336mzz of the upper cascade stage. See Fig. 3 and the description at para. 0104+, which depicts a two stage cascade heat transfer system with an upper stage refrigeration circuit (high temp loop 114) and a lower stage refrigeration circuit; the cascade heat exchanger 122 transfer heat to the high temperature loop refrigerant causing it to be evaporated to form a vapor (para. 0108), i.e., the upper stage/high temp loop comprises an evaporator. See also Example 3 and Table 3 thereof. Kontomaaris teaches providing a cascade heat transfer system with a stage comprising the working fluid comprising E-HFO-1336mzz has the benefits of improving performance of the system when the working fluid heater is operated at temperatures approaching the working fluid cooler temperature required by the application (para. 0098) and/or providing a more environmentally sustainable working fluid and apparatus thereof (para. 0056).
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to configure/provide the cascade heat transfer system with two refrigerant loops with differing refrigerants, one of them being HFO-1336mzz(E)-based, as taught by Kontomaaris utilizing the HFO-1336mzz(E)/HFO-1234ze(E) refrigerant of Robin et al. in order to obtain a heat transfer system with an improved performance when the working fluid heater is operated at temperatures approaching the working fluid cooler temperature required by the application and/or providing an environmentally acceptable, if not more environmentally sustainable, working fluid and apparatus thereof with a reasonable expectation of success. Note that the references may also be combined in reverse order. Alternatively, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide Robin et al.’s HFO-1336mzz(E)/HFO-1234ze(E) refrigerant as the refrigerant of the HFO-1336mzz(E)-based refrigerant of the upper cascade stage in Kontomaaris’ cascade heat transfer system in order to obtain a heat transfer system with an improved performance when the working fluid heater is operated at temperatures approaching the working fluid cooler temperature required by the application and/or providing an environmentally acceptable, if not more environmentally sustainable, working fluid and apparatus thereof with a reasonable expectation of success.
As to claim 19, the combination of references meets the claimed limitation that the cascade heat transfer system comprises a chiller system. Robin et al. further teach the heat transfer system(s) their E-HFO-1336mzz-based refrigerant may be provided in includes a chiller system ([0094]), and Kontomaaris teaches their (cascade) heat transfer system(s) include a chiller system (para. 0067).
As to claim 20, the combination of references meets the claimed limitation that the cascade heat transfer system comprises a medium temperature refrigeration system. Robin et al. further teach the heat transfer system(s) their E-HFO-1336mzz-based refrigerant may be provided in includes a medium temperature refrigeration system ([0094]), and Kontomaaris teaches their (cascade) heat transfer system(s) include a medium temperature refrigeration system per the system exemplified in Example 3, notably the lower cascade stage and its condenser temperature (Tcascade) and evaporator temperature (Tevap) values of Example 3, ([0133]-[0135] & Table 3).
Response to Arguments
Applicant's arguments filed 04/10/2025 regarding the 112(d) rejection of claim 4 have been fully considered but they are not persuasive. While Applicant argues the amendments overcome the 112(d) rejection of claim 4, the amendments do not. The claim contains substantially the same issue as previously stated. As explained in the rejection of record, claim 4 fails to include all the limitations of its parent claim 1 because it lowers the minimum concentration of HFO-1234ze(E) in the refrigerant from about 76 wt.% to about 65 wt.%, which broadens the minimum amount of HFO-1234ze(E) rather than includes (or further limits) the parent’s claim recited minimum amount of HFO-1234ze(E).
Applicant’s arguments with respect to the prior art 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 new, current rejections of record further rely on a new reference (Kontomaaris, US 2015/0191639 A1)) combined with the previous Rached and Robin et al. references of record to meet the new limitations regarding the heat transfer system being a cascade heat transfer system with an upper stage and a lower stage. See the new rejections of record, above.
Applicant further argues the nonstatutory double patenting rejections of record are overcome for the same reasons articulated for the 102 and 103 rejection (i.e., the claims now require a cascade heat transfer system comprising an upper stage and a lower stage where the two stages comprise different refrigerants). In response, this argument is not persuasive because the identified patents in the nonstatutory double patenting rejection either directly recite or obviously include all these new limitations. Specifically, the claims of U.S. Patent No. 11,566,155 recite all of these limitations albeit with different terminology. The claims of U.S. Patent No. 11,155,737 directly recite a cascade heat transfer system with an evaporator and a refrigerant reading on the first refrigerant/upper stage circuit thereof. While the claims of U.S. Patent No. 11,155,737 fail to recite the cascade heat transfer system further comprises a lower stage refrigeration circuit comprising a second refrigerant different from the first/claimed refrigerant, the patent’s specification states the cascade system has two or more stages which are relatively upper and lower stages and CO2, R1234yf, R455A are preferred as the lower stage refrigerant which establishes the two inventions are obvious variations of one another. See also the revised rejections of record, above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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
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/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
/M.R.D./
December 2, 2025