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 .
Applicant's arguments filed on May 22, 2026 have been fully considered but they are not persuasive. The Applicant’s argument that Tomiyori et al. cannot render the present claim obvious because it teaches a reaction in the “opposite” direction is unpersuasive. In US 2018/0037524 A1 (Tomiyori) paragraph [0042] explicitly defines the chemical reaction using a reversible equilibrium operator:
C(R1R2X1) – C(R3R4X2) ⇌ C(R1R2) = C(R3R4)
This equilibrium explicitly encompasses both the forward reaction (dehalogenation/dehydrofluorination) and the reverse reduction reaction (hydrogenation/hydrofluorination). A reversible reaction arrow (⇌) inherently teaches that the chemical reaction proceeds in both directions simultaneously depending on reaction conditions. By explicitly disclosing the equilibrium between the haloalkane (1,1,2-trifluoroethane or HFC-143) and the haloalkene(1,1,2-trifluoroethylene or HFO-1123), Tomiyori teaches both:
-The consumption of HFC-143 to form HFO-1123 (forward direction).
-The reduction/addition reaction of HFO-1123 with a reducing agent (H2) to yield HFC-143(reverse direction).
Setting R1=H, R2=F, R3=F, R4=F, and X1=X2=H converts the structural formula directly into the claimed reduction of 1,1,2-trifluoroethylene into 1,1,2-trifluoroethane.
Paragraph [0088]and claim 12 of Tomiyori explicitly teach contacting these precise gaseous reactants with a solid-phase catalyst inside a reactor.
Tomiyori discloses an operating temperature of 200C or more, the Applicant’s claimed range of 200 to 300C falls entirely within and directly overlaps with the prior art teaching. A person having ordinary skill in the art optimizing a reversible equilibrium reaction would routinely look to this temperature window to favor the desired reduction product.
Regarding claim 4, Tomiyori explicitly teaches step 1 (the reversible conversion yielding HFC-143). Step 2 is merely the subsequent dehydrofluorination of that identical intermediate to obtain 1,2-difluoroethylene. Because Tomiyori establishes the foundational equilibrium parameters and discloses the relevant chemical intermediates within the same reactor configuration, it would be prima facie obvious to a person of ordinary skill in the art to sequence these structural transformations to achieve the final alkenes.
The examiner maintains the rejection. The prior art discloses a reversible equilibrium reaction (⇌) inherently discloses both the forward and reverse reaction pathways, thereby rendering the claimed reduction method obvious despite the Applicant’s focus on the opposite reaction direction.
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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/JAFAR F PARSA/Primary Examiner, Art Unit 1692
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