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 .
DETAILED ACTION
This Office action is based on the 18/263415 application originally filed July 28, 2023.
Amended claims 1-17, filed July 28, 2023, are pending and have been fully considered. Claims 8-11 are withdrawn from consideration due to being drawn to a nonelected invention.
Election/Restrictions
Claims 8-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on March 09, 2026.
Applicant's election with traverse of Group I claims 1-7 and 12-17 in the reply filed on March 09, 2026 is acknowledged. The traversal is on the ground(s) that the election is made with traverse pursuant to 37 CFR 1.143, at least because claim 8 depends from claim 1 and claim 11 depends from claim 8. This is not found persuasive because the restriction requirement mailed February 17, 2026 sets forth a reason why a serious search burden would exist (that the inventions require different searches due to the fact that they have achieved separate statuses in the art as evidenced by the three groups) and applicant has merely asserted that a serious search burden would not exist rather than addressing the reason stated in the restriction requirement.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-7 and 12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over D’Aubarede et al. (US 6,054,064) hereinafter “D’Aubarede” in view of Low et al. (US 2016/0195321) hereinafter “Low”.
Regarding Claims 1, 2, 4, 6, 12, 14 and 16
D’Aubarede discloses in column 1 lines 5-9, refrigerants, to refrigerant compositions containing these refrigerants, and to the use of these refrigerants in heat transfer equipment, in particular in mechanical refrigeration systems.
D’Aubarede discloses in column 2 lines65-67 and column 3 lines 1-4, the hydrofluoroalkane in the refrigerants according to the invention is preferably selected from trifluoromethane (R-23), difluoromethane (R32), 1,1-difluoroethane (R-152a), 1,1,1-trifluoroethane (R-143a), 1,1,1,2-tetrafluoroethane (R-134a), pentafluoroethane (R-125) and mixtures thereof.
D’Aubarede discloses in column 4 lines 1-13, the refrigerants of medium and low temperature type of the invention generally contain at least 15% by weight of R-134a and/or R-125.
D’Aubarede discloses in column 4 lines 13-18, the refrigerants medium and low temperature type of the invention may furthermore contain R-32, R-143a and/or R-152a. They usually contain at most 80% by weight thereof.
It is to be noted, D’Aubarede discloses a refrigerant fluid comprising hydrofluoroalkane but fails to further disclose the mixture comprising carbon dioxide and carbon dioxide in the claimed amount.
However, it is known in the art to mix carbon dioxide into the mixture of hydrofluoroalkanes, as taught by Low.
Low discloses in paragraph 0042, a refrigerant fluid comprising fluorochemicals and carbon dioxide.
Low further discloses in paragraph 0016, use of R-1132a in certain refrigerant compositions including mixtures with R-23, R-32, R-125, R-134a and R-143a. Low discloses in paragraph 0019, certain compositions comprise R-1132a and R-116, typically from about 10 to about 99% by weight of R-1132a and from about 1 to about 90% by weight of R-116.
Low further discloses in paragraph 0023, certain compositions of the invention comprise R-1132a, R-116 and CO2. In an embodiment, such compositions comprise R-1132a, R-116 and up to about 70% by weight CO2.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add the carbon dioxide in the disclosed amount of Low in the hydrofluoroalkane mixture of D’Aubarede. The motivation to do so is to add carbon dioxide to the hydrofluoroalkane composition in order to enhance refrigeration capacity and reduced flammability (see paragraph 0122 of Low).
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); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding Claims 3, 5, 7, 13, 15 and 17
D’Aubarede discloses in column 4 lines 1-13, the refrigerants of medium and low temperature type of the invention generally contain at least 15% by weight of 1,1,1,2-tetrafluoroethane R-134a and/or R-125.
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); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Powell et al. (US 6,106,740) discloses in the abstract, a non-azeotropic refrigerant is described comprising (A) carbon dioxide (CO.sub.2), (B) pentafluoroethane (R-125), (C) 1,1,1-trifluoroethane (R-143a) and (D) chlorodifluoromethane (R-22).
Minor et al. (US 2006/0243944) discloses in the abstract, compositions for use in refrigeration, air-conditioning, and heat pump systems wherein the composition comprises a fluoroolefin and at least one other component. The compositions of the present invention are useful in processes for producing cooling or heat, as heat transfer fluids, foam blowing agents, aerosol propellants, and fire suppression and fire extinguishing agents.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOSHA D HINES whose telephone number is (571)270-5551. The examiner can normally be reached Monday thru Friday 9:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Latosha Hines/Primary Examiner, Art Unit 1771