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 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.
Claim Rejections - 35 USC § 102
1. 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 1-5, 9-13 and 16-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YANG et al (U.S. PG PUB No.: 2022/0169906 A1), hereinafter referred to as YANG et al ‘906.
Regarding claim 1, YANG et al ‘906 disclose a heat transfer or thermal management system fluid comprising: a freezing point depressant {see ¶ [0039]}; water having an electrical conductivity less than 5 µS/cm {see ¶¶ [0016] and [0058]}; and a corrosion inhibitor composition that includes one or more electrically non-conductive, low electrical conductivity corrosion inhibitors, or a combination of one or more organic acids and one or more organic bases and the corrosion inhibitor composition further comprises one or more neutral phosphate esters selected from tris(2-butoxyethyl) phosphate, trialkoxyalkyl phosphates, alkvl phosphonocarboxylates alkoxyl phosphonocarboxylates, and mixtures thereof {see ¶¶ [0013], [0016] and [0065]}; wherein a conductivity of the heat transfer or thermal management system fluid is less than or equal to about 500 µS/cm {see ¶¶ [0008] and [0037-0038]}.
Regarding claim 2, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 wherein the conductivity of the heat transfer fluid is less than or equal to about 25 µS/cm or less than or equal to about 10 µS/cm {see ¶ [0013]}.
Regarding claim 3, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 wherein the freezing point depressant comprises glycerol, an alcohol, ethylene glycol, 1,2-propylene glycol, 1,3-propanediol {see ¶ [0039]}, or a combination thereof.
Regarding claim 4, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 wherein the freezing point depressant is present in an amount of about 10 wt.% to about 99.85 wt.% or about 30 wt.% to about 99.5 wt.%, or about 40 wt.% to about 99 wt.%, based on a total weight of the heat transfer fluid {see ¶ [0040]}.
Regarding claim 5, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 wherein the water is present in an amount from about 0.05 wt.% to about 80 wt.%, based on a total weight of the heat transfer fluid {see ¶ [0059]}.
Regarding claim 9, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 wherein the combination of the one or more organic acids and the one or more organic bases exhibits a substantially neutral pH combination and the one or more organic acids comprises a carboxylic acid, an organophosphate, phosphonate, phosphinate, and wherein the one or more organic base includes an amine compound, amino acids, azoles, and thiazoles {see ¶¶ [0008], [0032], [0060], [0069] and, [0090]}.
Regarding claim 10, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 9 wherein the azole is selected from the group consisting of an optionally substituted benzotriazole, an optionally substituted tolyltriazole, an optionally substituted C₂ - C20 alkyl benzotriazole, an optionally substituted mercaptobenzothiazole, an optionally substituted thiazole, an optionally substituted imidazole, an optionally substituted benzimidazole, an optionally substituted indazole, an optionally substituted tetrazole, tetrahydrobenzotriazole, tetrahydrotolyltriazole, and a combination thereof {see ¶ [0042] and claims 10 and 38}.
Regarding claim 11, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 10 wherein the optionally substituted C₂ - C₂₀ alkyl benzotriazole comprises a methyl benzotriazole, a butyl benzotriazole, or a combination thereof {see ¶ [0042]}.
Regarding claim 12, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 wherein the corrosion inhibitor is present in an amount of about 0.01% wt. % to about 10 wt. % based on a total weight of the heat transfer fluid {see ¶ [0061]}.
Regarding claim 13, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 further comprising one or more soluble alkaline earth metal ions {see ¶ [0094] and [0104]; such as magnesium ions}.
Regarding claim 16, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 13 wherein the one or more soluble alkaline earth metal ions are present in an amount from about 0.001 wt.% to about 0.15 wt. % {see ¶¶ [0008], [0044], [0052], [0064] and [0082-0084]}.
Regarding claim 17, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 further comprising a non-ionic surfactant {see ¶¶ [0008] and [0044]}.
Regarding claim 18, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 17 wherein the non-ionic surfactant is present in an amount of about 0.01 wt.% to about 0.5 wt.% based on a total weight of the heat transfer fluid {see ¶ [0044]}.
Regarding claim 19, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 17 wherein the non-ionic surfactant is selected from the group consisting of a sorbitan fatty acid ester, an alkoxylated alcohol, a polyalkylene glycol ester, a copolymer of ethylene oxide and propylene oxide, a polyoxyalkylene derivative of a sorbitan fatty acid ester, and a combination thereof {see ¶ [0045]}.
Regarding claim 20, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 19 wherein the alkoxylated alcohol comprises an ethoxylated alcohol, a propxylated alcohol, or a combination thereof {see ¶ [0047]}.
Regarding claim 21, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 20 wherein the alkoxylated alcohol has: (a) a formula: wherein R is a C4 - C25, or a C₆ - C15 linear primary alcohol, j is an integer from 0 to 15, k is an integer from 0 to 15, and j + k is an integer greater than or equal to 1; or (b) a formula: RO(CH₂CH₂O)nH, wherein R is a C4 - C25 or a C₆ - C15 linear primary alcohol, and n is an integer from 1 to 15; or (c) a formula: O(CH2CH2CH2O)mH wherein R is a C4 - C25 or a C₆ - C15 linear primary alcohol, and m is an integer from 1 to 15 {see ¶¶ [0048-0050]}.
Regarding claim 22, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 20 wherein the alkoxylated alcohol is present in an amount of about 0.001 wt.% to about 1 wt.% based on a total weight of the heat transfer fluid {see claim 27}.
Regarding claim 23, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 wherein the low-conductivity corrosion inhibitor is selected from the group consisting of a siloxane compound, colloidal silica, an amine salt of a cyclohexenic carboxylate, an amine compound, and a combination thereof {see ¶ [0060]}.
Regarding claim 24, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 further comprising an additive selected from the group consisting of a C₁ - C20 tetraalkylorthosilicate ester, a colorant, a wetting agent, a biocide, a surfactant, an additional corrosion inhibitor, a non-ionic dispersant, and a combination thereof {see ¶¶ [0013] and [0065]}.
Regarding claim 25, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 1 further comprising an antifoaming agent {see ¶ [0065]}.
Regarding claim 26, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 25 wherein the antifoaming agent comprises a composition comprising an alcohol, a fatty alcohol alkoxylate and optionally an alkyl ethylene oxide-propylene oxide copolymer {see ¶ [0076]}.
Regarding claim 27, YANG et al ‘906 disclose a method of preventing corrosion in a heat transfer system, the method comprising contacting at least a portion of the heat transfer system with a heat transfer fluid that comprises a freezing point depressant {see ¶¶ [0009], [0086] and Claim 42}; water having an electrical conductivity less than 5 µS/cm {see ¶ [0016]}; and a corrosion inhibitor composition that includes one or more electrically non-conductive, low electrical conductivity corrosion inhibitors, or a combination of one or more organic acids and one or more organic bases and the corrosion inhibitor composition further comprises one or more neutral phosphate esters selected from tris(2-butoxyethyl) phosphate, trialkoxyalkyl phosphates. alkyl phosphonocarboxylates alkoxyl phosphonocarboxylates and mixtures thereof; wherein a conductivity of the heat transfer fluid is less than or equal to about 500 µS/cm {see ¶¶ [0008], [0037-0038], [0044], [0060-0061], [0065] and [0082-0083]}.
Regarding claim 28, YANG et al ‘906 disclose the method of claim 27 wherein the heat transfer system comprises a component comprising carbon steel, aluminum, aluminum alloy, magnesium, magnesium alloy, yellow metal, or a combination thereof {see ¶¶ [0017] and [0086]}.
Regarding claim 29, YANG et al ‘906 disclose the method of claim 27 wherein the heat transfer system comprises a fuel cell {see ¶ [0086]}.
Regarding claim 30, YANG et al ‘906 disclose the method of claim 27 wherein the heat transfer system comprises a thermal management system of an electric vehicle that includes a battery electric vehicle, a hybrid electric vehicle, a plug-in hybrid electric vehicle, a fuel cell electric vehicle, or a range extender electric drive vehicle {see ¶¶ [0003], [0013], [0015] and [0086]}.
Claim Rejections - 35 USC § 103
2. 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 of this title, 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.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over YANG et al ‘906, in view of YANG et al (RU Patent Pub No.: 2,771,525 C2), hereinafter referred to as YANG et al ‘525.
Regarding claim 14, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 13, EXCEPT for the limitations of wherein the one or more soluble alkaline earth metal ions are selected from beryllium acetate, magnesium acetate, calcium acetate, strontium acetate, or mixtures thereof.
YANG et al ‘525 teach: the concept of alkaline earth metal ions is selected from beryllium acetate, magnesium acetate, calcium acetate, strontium acetate {see ¶¶ [0042], [0046] and [00157]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify YANG et al ‘906 in view of YANG et al ‘525 to include the one or more soluble alkaline earth metal ions are selected from beryllium acetate, magnesium acetate, calcium acetate, strontium acetate, in order to facilitate excellent corrosion protection under high temperature heat rejection conditions {YANG et al ‘525 –¶ [00157]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the YANG et al ‘906 in view of YANG et al ‘525 to obtain the invention as specified in claim 14.
Regarding claim 15, YANG et al ‘906 disclose the heat transfer or thermal management system fluid of claim 13, EXCEPT for the limitations of wherein the one or more soluble alkaline earth metal ions include (a) alkaline earth metal oxides or alkaline earth meal hydroxides in combination with (b) an acid.
YANG et al ‘525 teach: the concept of alkaline earth metal ions includes (a) alkaline earth metal oxides or alkaline earth meal hydroxides in combination with (b) an acid {see ¶ [0047], such as Carboxylic acid}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify YANG et al ‘906 in view of YANG et al ‘525 to include soluble alkaline earth metal ions include (a) alkaline earth metal oxides or alkaline earth meal hydroxides in combination with (b) an acid, in order to facilitate long-term, year-round protection of a cooling system, metal corrosion protection of the entire cooling system {YANG et al ‘525 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the YANG et al ‘906 in view of YANG et al ‘525 to obtain the invention as specified in claim 15.
Allowable Subject Matter
3. Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
4. Applicant's arguments, see page 7, filed 01/12/2026, have been fully considered but are moot in view of the new ground(s) of rejection as detailed above.
Conclusion
5. Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
03/12/2026