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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12, 14, and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 13, 15, 17, and 18 depend on the above claims and, therefore, are also rejected
Claim 12 recites the limitation "the carbon particle" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the water" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the carbon particle" in line 7. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Abe et al (WO 2019123898) in view of Borba (US 2020/0231853).
With regards to claims 12, 13, 16, and 17, Abe teaches a refrigerant composition (0001) that contains trans-1,2-difluoroethylene (HFO-1132(E)) or trifluoroethylene (HFO-1123) (0007).
Abe does not teach the addition of the carbon.
Borba teaches a refrigerant fluid (abstract) that contains nanoparticles such as graphite (abstract). Borba teaches the amount of particles to be from 0.01 to 5% by weight (0077). Borba teaches the motivation for adding said particles to be because due to its increased thermodynamic performance it provides for significant gain savings in total energy consumption and consumed power by the appliance (0069). Abe and Borba are analogous in the art of refrigerant compositions. In light of the benefit above, it would be obvious to one skilled in the art prior to the effective filing date of the present invention to add the carbon particle of Borba in the composition of Abe, thereby obtaining the present invention.
With regards to claims 14 and 18, Abe teaches the water content of the composition to be 100 ppm or less (0136).
With regards to claim 15, Abe teaches the addition of a refrigerating machine oil to the composition (0032).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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, Joseph Del Sole can be reached at 5712721130. 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.
/JESSICA WHITELEY/ Primary Examiner, Art Unit 1763