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.
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) 1, 3 and 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuchiya et al. (US Pub. No. 2013/0234062) in view of Fukushima et al. (US Pub. No. 2017/0002244).
Regarding Claims 1, 3, and 5: Tsuchiya et al. teaches a refrigerant composition comprising an HFO (fluorinated hydrocarbon) such as 2,3,3,3-tetrafluoropropene (fluorinated propene) and a polymer of halogenated propene of formula C3HaFbClc wherein a+b+c=6, a is 1-3, b is 3-5, and c is 0-1 and wherein the polylmer has a molecular weight of 200-900 (abstract and [0024]).
Tsuchiya et al. does not teach the composition wherein the fluorinated hydrocarbon is a fluorinated ethylene. However, Fukushima et al. teaches a refrigerant composition comprising HFO-1123 (1,1,2-trifluoroethylene) and HFC-32 ([0001] and [0037]). Tsuchiya et al. and Fukushima et al. are analogous art because they are concerned with the same field of endeavor, namely fluorinated refrigerant compositions. At the time of the invention a person of ordinary skill in the art would have found it obvious to include the HFO-1123 and HFC-32 of Fukushima et al. in the composition of Tsuchiya et al. and would have been motivated to do so because Fukushima et al. teaches that the combination has high durability, and excellent cycle performance and energy efficiency ([0032]-[0033]).
Regarding Claim 6: Tsuchiya et al. teaches that the polymer of molecular weight 200-900 (oligomer) is present in 0.1 to 10 parts by weight per 100 parts by weight of the refrigerant ([0034]).
Regarding Claim 7: Tsuchiya et al. teaches the refrigerant further comprising a lubricant (refrigeration oil) ([0018]-[0019]).
Regarding Claim 8: Tsuchiya et al. teaches the refrigerant is used for mobile air conditioners, refrigerators, and air conditioners ([0020]).
Claim(s) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuchiya et al. (US Pub. No. 2013/0234062) in view of Honma et al. (JPH01225685A and English machine translation thereof).
Tsuchiya et al. teaches a refrigerant composition comprising an HFO (fluorinated hydrocarbon) such as 2,3,3,3-tetrafluoropropene (fluorinated propene) and a polymer of halogenated propene of formula C3HaFbClc wherein a+b+c=6, a is 1-3, b is 3-5, and c is 0-1 and wherein the polylmer has a molecular weight of 200-900 (abstract and [0024]).
Tsuchiya et al. does not teach the composition wherein the oligomer is a polymer of C2HaFbClc. However, Honma et al. teaches a refrigerant composition comprising a trifluorochloroethylene oligomer of molecular weight 500-800 (English abstract), corresponding to a polymer of a compound of formula C2HaFbClc wherein a=0, b=3, and Cl=1. Tsuchiya et al. and Honma et al. are analogous art because they are concerned with the same field of endeavor, namely fluorinated refrigerant compositions. At the time of the invention a person of ordinary skill in the art would have found it obvious to add the oligomer of Honma et al. to the composition of Tsuchiya et al. with a reasonable expectation of success and would have been motivated to do so because Honma et al. teaches that the oligomer serves as a lubricating oil with excellent heat resistance, chemical resistance, and the efficiency of a refrigerator or air conditioner can be improved (English abstract), and Tsuchiya et al. teaches that additional lubricants may be added to the composition ([0027]).
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.
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/PETER F GODENSCHWAGER/Primary Examiner, Art Unit 1767 June 18, 2026
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