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 .
Response to Election/Restrictions
Applicant's election of Group I (claims 1-9, 12-15, and 19-20) and Species 1 (claims 1 and 4-19) without traverse in the reply filed on 03/10/2026 is acknowledged.
Claims 1-20 are currently pending. Upon careful review of the pending claims, the Office finds that claims 2, 3, 6, 10, 11, 16-18 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being withdrawn to a non-elected invention, and non-elected species of the invention, there being no allowable generic or linking claims.
Claims 1, 4, 5, 7-9, 12-15, and 19 are currently under examination.
Claim Objections
Claims 7 and 13 are objected to because of the following informalities:
Claim 7 recites “the heat transfer fluid comprises:
from 5 to 55% of 1,1,2-trifluoroethylene, from 5 to 35% of carbon dioxide, from 5 to 60% of difluoromethane (by weight) and 2,3,3,3-tetrafluoropropene; or
from 5 to 65% of 1,1,2-trifluoroethylene, from 5 to 30% of carbon dioxide, from 5 to 10% of 1,1,1,2-tetrafluoroethane, from 5 to 60% of difluoromethane (by weight) and 2,3,3,3-tetrafluoropropene.”
Applicant is suggested to revise it as “the heat transfer fluid comprises:
from 5 to 55% by weight of 1,1,2-trifluoroethylene, from 5 to 35% by weight of carbon dioxide, from 5 to 60% by weight of difluoromethane and 2,3,3,3-tetrafluoropropene; or
from 5 to 65% by weight of 1,1,2-trifluoroethylene, from 5 to 30% by weight of carbon dioxide, from 5 to 10% by weight of 1,1,1,2-tetrafluoroethane, from 5 to 60% by weight of difluoromethane and 2,3,3,3-tetrafluoropropene.” for clarity.
Claim 13 recites “the additives one or more additives other than the lubricant”. Applicant is suggested to revise it as “the one or more additives other than the lubricant” for clarity.
Appropriate correction is required.
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.
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.
Claims 1, 4-5, 7-9, 12-15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ueno (WO 2016/194847 A1, see US 2018/0079941 A1, hereinafter Ueno).
Regarding claim 1, the instant invention discloses that a lubricant includes a polyol ester (instant US Pub. [0069]).
Ueno teaches a working fluid comprising trifluoroethylene, a first component which can be carbon dioxide (claim 1, [0013]), and a second component which can include 2,3,3,3-tetrafluoropropene and difluoromethane (claims 12 and 13, [0024]-[0025]). The trifluoroethylene of Ueno reads on the claimed 1,1,2-trifluoroethylene.
Ueno also teaches that a heat transfer composition comprises the working fluid and a refrigerant oil ([0122]), wherein the refrigerant oil can be a polyol ester oil ([0125]), which reads on the claimed lubricant.
Ueno also teaches that the refrigerant oil is in an amount of 10 parts by mass or more and 100 parts by mass or less with respect to 100 parts by mass of the working fluid ([0145]). Thus, the refrigerant oil of Ueno can be in an amount of 9 wt.% to 50 wt.% based on the total weight of the heat transfer composition, which overlaps with the claimed range of “from 1 to 15wt%”.
Ueno does not teach the claimed heat transfer composition at once under the meaning of anticipation.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. See MPEP § 2144.05.I. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 4, the transitional phrase "consisting essentially of" limits the scope of a claim to the specified materials or steps "and those that do not materially affect the basic and novel characteristic(s)" of the claimed invention. In re Herz, 537 F.2d 549, 551-52, 190 USPQ 461, 463 (CCPA 1976) (emphasis in original) See MPEP 2111.03 III. Additional refrigerants are permissible because they would not change the characteristics of the composition from being a refrigerant. Therefore, for the purposes of searching for and applying prior art under 35 U.S.C. 102 and 103, absent a clear indication in the specification or claims of what the basic and novel characteristics actually are, "consists essentially of" will be construed as equivalent to "comprises." See, e.g., PPG, 156 F.3d at 1355, 48 USPQ2d at 1355. See MPEP 2111.03 III.
Ueno teaches that the working fluid contains HFO-1123 (i.e. trifluoroethylene), a first component, and a second component ([0047]-[0048]), wherein the first component can be carbon dioxide ([0047]), and the second component can contain 2,3,3,3-tetrafluoropropene (HFO-1234yf) and difluoromethane (HFC-32) ([0085]-[0086]).
Ueno also teaches that a ratio of a total amount of the trifluoroethylene, the first component and the second component with respect to an entire amount of the working fluid is over 90 mass % and 100 mass % or less ([0029]). Thus, a total amount of the trifluoroethylene, the first component (i.e. carbon dioxide), and the second component (i.e. 2,3,3,3-tetrafluoropropene and difluoromethane) with respect to an entire amount of the working fluid of Ueno can be 100 mass %, which reads on the claimed heat transfer fluid consisting essentially of 1,1,2-trifluoroethylene, carbon dioxide, difluoromethane and 2,3,3,3-tetrafluoropropene.
Regarding claim 5, Ueno teaches that a ratio of a total amount of the trifluoroethylene, the first component and the second component with respect to an entire amount of the working fluid is over 90 mass % and 100 mass % or less, wherein a ratio of an amount of the trifluoroethylene with respect to the total amount of the trifluoroethylene, the first component and the second component is 10 mass % or more and 90 mass % or less ([0029]).
Thus, the trifluoroethylene of Ueno can be in an amount of 10 mass % or more and 90 mass % or less with respect to an entire amount of the working fluid, which overlaps with the claimed range of “from 5 to 80% by weight”.
Regarding claim 7, Ueno teaches that the working fluid comprises trifluoroethylene, a first component which can be carbon dioxide (claim 1, [0013]), and a second component which can include 2,3,3,3-tetrafluoropropene and difluoromethane (claims 12 and 13, [0024]-[0025]).
Ueno also teaches that a ratio of a total amount of the trifluoroethylene, the first component and the second component with respect to an entire amount of the working fluid is over 90 mass % and 100 mass % or less, wherein a ratio of an amount of the trifluoroethylene with respect to the total amount of the trifluoroethylene, the first component and the second component is 10 mass % or more and 90 mass % or less, wherein a ratio of an amount of the first component with respect to the total amount of the trifluoroethylene, the first component and the second component is 1 mass % or more and 50 mass % or less, and wherein a ratio of an amount of the second component with respect to the total amount of the trifluoroethylene, the first component and the second component is 1 mass % or more and 70 mass % or less ([0029]).
Thus, the trifluoroethylene of Ueno can be in an amount of 10 mass % or more and 90 mass % or less with respect to an entire amount of the working fluid, which overlaps with the claimed range of “from 5 to 55% by weight”.
The first component (i.e. carbon dioxide) of Ueno can be in an amount of 1 mass % or more and 50 mass % or less with respect to an entire amount of the working fluid, which overlaps with the claimed range of “from 5 to 35% by weight”.
The second component (i.e. 2,3,3,3-tetrafluoropropene and difluoromethane) of Ueno can be in an amount of 1 mass % or more and 70 mass % or less with respect to an entire amount of the working fluid, which overlaps with the claimed range of “from 5 to 60% by weight”.
Regarding claim 8, Ueno does not teach that the working fluid is non-flammable.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed property of the heat transfer fluid being non-flammable would flow naturally from the teaching of Ueno, because the teaching of Ueno provides substantially the same heat transfer fluid including the same 1,1,2-trifluoroethylene, carbon dioxide, 2,3,3,3-tetrafluoropropene, and difluoromethane as claimed. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 9, Ueno teaches that the working fluid has the global warming potential (GWP) of 250 or less ([0118]), which falls within the claimed range of “less than or equal to 1000”.
Regarding claims 12 and 13, Ueno teaches that the heat transfer composition comprises one or more additives other than the refrigerant oil ([0122], [0147]), and the one or more additives other than the refrigerant oil can be a stabilizer ([0147]).
Regarding claims 14 and 15, Ueno teaches that the heat transfer composition is applied in a heat cycle system, and the heat cycle system can be an air-conditioning apparatus ([0039]-[0040]), which reads on the claimed heat transfer apparatus, and reads on the claimed mobile or stationary apparatuses for heating by air conditioning.
Ueno also teaches that the heat cycle system has a compressor to compress the gaseous working fluid, a condenser to obtain a high-pressured liquid by cooling, an expansion valve to lower the pressure of the high-pressured liquid, and an evaporator to make evaporation at lower temperature for removing heat by the heat of vaporization ([0050]), which reads on the claimed heat transfer apparatus comprising a vapor-compression circuit containing the composition.
Regarding claim 19, Ueno teaches a working fluid comprising trifluoroethylene, a first component which can be carbon dioxide (claim 1, [0013]), and a second component which can include 2,3,3,3-tetrafluoropropene and difluoromethane (claims 12 and 13, [0024]-[0025]).
Conclusion
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/JIAJIA JANIE CAI/Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761
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