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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
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) 18-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al. (US Pub. No. 2017/0058174).
Regarding Claims 18-19, 21, 23-24: Fukushima et al. teaches a refrigerant comprising HFC-32 (R32) and HFO-1132(E) each in 50 wt% ([0003] and Table 2). Fukushima et al. teaches the HFC-32 may be present in 1-99 wt% ([0035]-[0036]).
Fukushima et al. does not teach an embodiment wherein the HFC-32 is present in 62 wt% (point D). However, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists (see MPEP 2144.05).
Regarding Claims 20 and 22: Fukushima et al. teaches the composition may further comprise difluoroethane (R152a) ([0033] and [0035]).
Fukushima et al. does not teach a specific embodiment comprising each of HFC-32 (R32), HFO-1132(E) and R152a in the claimed amounts. However, at the time of the invention a person of ordinary skill in the art would have found it obvious to include each component in the claimed amounts with a reasonable expectation of success as Fukushima et al. teaches that the hydrofluorocarbon (HFC) can be present in combination of two or more. Furthermore, Fukushima et al. teaches an embodiment wherein R152a is present in 50 wt% (Table 2) and that the HFCs can be present in 1-99 wt%. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists (see MPEP 2144.05).
Regarding Claim 25: Fukushima et al. teaches the composition may further comprise HFO-1123 ([0041]).
Regarding Claims 26 and 27: Fukushima et al. teaches employing the composition in a refrigerating apparatus ([0012], [0015]-[0016], and [0165]).
Regarding Claims 28 and 31: A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding Claims 29 and 30: Fukushima et al. teaches employing the composition in an air conditioner of an automobile ([0012], [0015]-[0016], [0165] and [0198]).
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER F GODENSCHWAGER whose telephone number is (571)270-3302. The examiner can normally be reached 8:30-5:00, M-F EST.
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.
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.
/PETER F GODENSCHWAGER/Primary Examiner, Art Unit 1767 September 29, 2026
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