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 without traverse of Group I, claims 15-17 and 23-26 in the reply filed on 08/03/26 is acknowledged. As such, non-elected claims 18-22 and 27-28 are withdrawn from further consideration.
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.
Claim(s) 15-17 and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima U.S. Patent Application Publication No.: 2017/0058173 A1.
Fukushima discloses a working fluid for heat cycle containing 1,2-difluoroethylene, which has high stability, and which has cycle performance sufficient as an alternative to R410A (a pseudoazeotropic mixture refrigerant of difluoromethane and pentafluoroethane in a mass ratio of 1:1) or 1,1,1,2-tetrafluoroethane while the influence over global warming is suppressed, a composition for a heat cycle system comprising it, and a heat cycle system employing the composition.
Fukushima directly teaches many refrigerant compositions containing ternary components.
As way of illustration only, In TABLE 14, Example 132 teaches a ternary refrigerant composition comprising 40 mass % of HFO-1132(E) (trans-1,2-difluoroethylene), 10 mass % HFC-125 (pentafluoroethane) and 50 mass % HFO-1234yf (2,3,3,3-tetrafluoropropene). The concentration amounts of HFO-1132(E) and HFO-1234y, both fall directly within applicant’s claimed concentration ranges for said components, as set forth in applicant’s dependent claim 17.
As way of further illustration only, In TABLE 10, Example 78 teaches a ternary refrigerant composition comprising 40 mass % of HFO-1132(E) (trans-1,2-difluoroethylene), 40 mass % of HFC-32 (difluoromethane) and 20 mass % HFC-134a (i.e. R134a) (1,1,1,2-tetrafluoroethane). The concentration amounts of HFO-1132(E) and HFC-134a, both fall directly within applicant’s claimed concentration ranges for said components, as set forth in applicant’s dependent claim 17.
Fukushima’s independent claim 1 reads as followed: “A working fluid for heat cycle, which contains at least two members selected from a saturated hydrofluorocarbon and a hydrofluorocarbon having a carbon-carbon double bond other than 1,2-difluoroethylene, and 1,2-difluoroethylene.”.
Fukushima’s dependent claim 2 reads as followed: “The working fluid for heat cycle according to claim 1, wherein 1,2-difluoroethylene is trans-1,2-difluoroethylene, cis-1,2-difluoroethylene or a mixture thereof.”. [Emphasis added].
Fukushima’s dependent claim 8 reads as followed: “The working fluid for heat cycle according to claim 1, wherein the saturated hydrofluorocarbon is at least one member selected from difluoromethane, 1,1-difluoroethane, 1,1,1,2-tetrafluoroethane and pentafluoroethane.” [Emphasis added].
Fukushima’s dependent claim 9 reads as followed: “The working fluid for heat cycle according to claim 1, wherein the hydrofluorocarbon having a carbon-carbon double bond is at least one member selected from 1,3,3,3-tetrafluoropropene and 2,3,3,3-tetrafluoropropene.” [Emphasis added].
Fukushima further discloses the that a refrigerant oil can be admixed with the ternary refrigerant compositions, see paragraphs [0099], [0107]-[0132] and dependent claim 10.
Fukushima can be said to differ from applicant’s claimed invention only in that there does not seem to be a direct teaching (i.e. by way of a specific example) to where a ternary refrigerant composition is actually made that comprises trans-1,2-difluoroethylene (HFO-1132(E)), 2,3,3,3-tetrafluoropropene (HFO-1234yf) and 1,1,1,2-tetrafluoroethane (HFC-134a) all together.
It would have been obvious to one having ordinary skill in the art to use Fukushima’s said disclosure as strong motivation to actually make a ternary refrigerant composition that comprises trans-1,2-difluoroethylene (HFO-1132(E)), 2,3,3,3-tetrafluoropropene (HFO-1234yf) and 1,1,1,2-tetrafluoroethane (HFC-134a) all together, and wherein the concentration amount of each component falls within applicant’s claimed concentration ranges of claims 15-17. As clearly shown above, Fukushima’s disclosure provides very specific guidance for one having ordinary skill in the art to at once envisaged a ternary refrigerant composition that comprises trans-1,2-difluoroethylene (HFO-1132(E)), 2,3,3,3-tetrafluoropropene (HFO-1234yf) and 1,1,1,2-tetrafluoroethane (HFC-134a) all together, and wherein the concentrations of each component falls within applicant’s claimed concentration ranges of claims 15-17. The further addition of a refrigerant oil is also deemed to be at once envisaged from Fukushima’s said disclosure, thus clearly meeting the limitations of applicant’s dependent claim 26. Finally, it is well established in patent law that it is not inventive to merely follow the direct disclosure of a prior-art reference.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH DAVID ANTHONY whose telephone number is (571)272-1117. The examiner can normally be reached M-F: 10:00AM-6:30PM.
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, Arrie (Lanee) Reuther can be reached at 571-270-7026. 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.
/JOSEPH D ANTHONY/Primary Examiner, Art Unit 1764
Prosecution Insights