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 .
Election/Restrictions
Applicant’s election of Group I, claim 1-3, 5, and 7-10 in the reply filed on 10 June 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 13-16, 19-21, 23-26, and 28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10 June 2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12 December 2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
The information disclosure statement (IDS) submitted on 28 February 2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
The information disclosure statement (IDS) submitted on 18 September 2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
The information disclosure statement (IDS) submitted on 3 March 2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
The information disclosure statement (IDS) submitted on 3 June 2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukushima et al. (US 2017/0058174, hereinafter referred to as “Fukushima”).
As to Claims 1 and 9: Fukushima teaches a composition comprising difluoroethylene and a stabilizer (i.e., an inhibitor) (Table 3, Working examples 1-4).
As to Claims 2 and 3: Fukushima teaches the composition of claim 1 (supra). Fukushima further teaches that the working fluid can be HFO-1132(E) (Table 2, [0023]).
As to Claim 5: Fukushima teaches the composition of claim 1 (supra). Fukushima further teaches that the stabilizer can be a terpene [0062].
As to Claim 8: Fukushima teaches the composition of claim 1 (supra). Fukushima further teaches that the composition can further include refrigerant oil which reads on a lubricant [0132].
As to Claim 10: Fukushima teaches the composition of claim 1 (supra). The composition would be expected to have some air incorporated through making the composition.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al. (US 2017/0058174, hereinafter referred to as “Fukushima”).
As to Claim 7: Fukushima teaches the composition of claim 1 (supra).
Fukushima does not teach an example wherein the amount of the inhibitor is present in an amount of 30-3,000 ppm.
However, Fukushima teaches that the stabilizer (i.e., the inhibitor) can be present in an amount 5 ppm to 5 wt% [0061]. At the time of filing, it would have been obvious to a person having ordinary skill in the art to select from within the range taught by Fukushima including 30 to 3,000 ppm because Fukushima teaches that this can prevent the deterioration of the working fluid [0061].
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J OYER whose telephone number is (571)270-0347. The examiner can normally be reached 9AM-6PM EST M-F.
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, Mark Eashoo can be reached at (571)272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Andrew J. Oyer/ Primary Examiner, Art Unit 1767
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