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 .
Claim Objections
Claim 21 is objected to because of the following informalities:
The recitation of “the R1132(E) refrigerant at or about” (claim 21, line 13) is believed to be --the R1132(E) refrigerant is at or about--.
The recitation of “the R1234ze(E) refrigerant at or about” (claim 21, line 19) is believed to be --the R1234ze(E) refrigerant is at or about--.
The recitation of “the R1123 refrigerant at or about” (claim 21, line 20) is believed to be --the R1123 refrigerant is at or about--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-10 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujinaka (US 20220356386).
Regarding claim 1, Fujinaka discloses a refrigerant composition for an HVACR system comprising:
R1132(E) refrigerant;
a second refrigerant being R1234yf refrigerant; and
a third refrigerant being R32 refrigerant (refer to par. 762, and refrigerant 2A1, wherein refrigerant 2A1 is a mixed refrigerant including HFO-1132(E), HFC-32 and HFO-1234yf), wherein the refrigerant composition has a GWP of at or about or less than 750 (refer to par. 767, wherein refrigerant 2A1 has a low GWP (125 or less)),
when the second refrigerant is the R1234yf refrigerant, the refrigerant composition consists of the R1132(E) refrigerant, the R1234yf refrigerant, and the third refrigerant, the third refrigerant is the R32 refrigerant (refer to par. 762), and the R1132(E) refrigerant is at or about or less than 31 wt% of the refrigerant composition (refer to par. 764, point D, wherein the mass ratio of HFO-1132(E)/HFC-32/HFO-1234yf=10.1/18.0/71.9 mass %), and
when the second refrigerant is the R1234ze(E) refrigerant and the third refrigerant is the R1123 refrigerant, the R1132(E) refrigerant is at or about 34 wt%, or less than 34 wt% and greater than 0 wt% of the refrigerant composition (in the instant case, Fujinaka already meets the claim alternative of the refrigerant having the second refrigerant being R1234yf refrigerant, and the refrigerant composition consisting of the R1132(E) refrigerant, the R1234yf refrigerant, and the third refrigerant being R32 refrigerant, therefore, meeting the limitations of the claim).
Regarding claim 2, Fujinaka meets the claim limitations as disclosed above in the rejection of claim 1. Further, Fujinaka discloses wherein the second refrigerant is
R1234yf refrigerant, and the GWP of the refrigerant composition is at or about or less
than 300 (refer to par. 767, wherein refrigerant 2A1 has a low GWP (125 or less)).
Regarding claim 3, Fujinaka meets the claim limitations as disclosed above in the rejection of claim 2. Further, Fujinaka discloses wherein the refrigerant composition has a burning velocity of at or less than 15 cm/s (refer to par. 767, wherein refrigerant 2A1 has a flame velocity of 5 cm/s).
Regarding claim 4, Fujinaka meets the claim limitations as disclosed above in the rejection of claim 1. Further, Fujinaka discloses wherein the second refrigerant is the R1234yf refrigerant, the GWP of the refrigerant composition is at or about or less than 300 (refer to par. 767, wherein refrigerant 2A1 has a low GWP (125 or less)).
Regarding claim 5, Fujinaka meets the claim limitations as disclosed above in the rejection of claim 1. Further, Fujinaka discloses wherein the third refrigerant is the R32 refrigerant that is or about or less than 44 wt% of the refrigerant composition, the R1234yf refrigerant is at or about or greater than 20 wt% of the refrigerant composition (refer to par. 764, point D, wherein the mass ratio of HFO-1132(E)/HFC-32/HFO-1234yf=10.1/18.0/71.9 mass %), and the refrigerant composition has a burning velocity of at or less than 15 cm/s (refer to par. 767, wherein refrigerant 2A1 has a flame velocity of 5 cm/s).
Regarding claim 6, Fujinaka meets the claim limitations as disclosed above in the rejection of claim 5. Further, Fujinaka discloses wherein the R32 refrigerant is at or about or less than 20 wt% of the refrigerant composition (refer to par. 764, point D, wherein the mass ratio of HFO-1132(E)/HFC-32/HFO-1234yf=10.1/18.0/71.9 mass %), and the GWP of the refrigerant composition is at or about or less than 150 (refer to par. 767, wherein refrigerant 2A1 has a low GWP (125 or less)).
Regarding claim 7, Fujinaka meets the claim limitations as disclosed above in the rejection of claim 5. Further, Fujinaka discloses wherein the R1234yf refrigerant is at or about or less than 70 wt% of the refrigerant composition, the R1132(E) refrigerant is at or about 8-31 wt% of the refrigerant composition (refer to par. 764, point D, wherein the mass ratio of HFO-1132(E)/HFC-32/HFO-1234yf=10.1/18.0/71.9 mass %), and the refrigerant composition has a capacity equal to or greater than 90% of a capacity of R454A (refer to par. 1316).
Regarding claim 8, Fujinaka meets the claim limitations as disclosed above in the rejection of claim 7. Further, Fujinaka discloses wherein the R1132(E) refrigerant is at or about or less than 27 wt% of the refrigerant composition (refer to par. 764, point D, wherein the mass ratio of HFO-1132(E)/HFC-32/HFO-1234yf=10.1/18.0/71.9 mass %), and the burning velocity of the refrigerant composition is equal to or less than 15 cm/s (refer to par. 767, wherein refrigerant 2A1 has a flame velocity of 5 cm/s).
Regarding claim 9, Fujinaka meets the claim limitations as disclosed above in the rejection of claim 2. Further, Fujinaka discloses wherein the third refrigerant is the R1123 (refer to par. 403, refrigerant 1A, comprising HFO-1132E, R1234yf, and HFO-1123).
Regarding claim 10, Fujinaka meets the claim limitations as disclosed above in the rejection of claim 9. Further, Fujinaka discloses wherein the refrigerant composition has a burning velocity of equal to or than 15 cm/s (refer to par. 458, wherein the refrigerant mixture has a burning velocity of 10 cm/s).
Regarding claim 21, Fujinaka meets the claim limitations as disclosed above in the rejection of claim 1. Further, Fujinaka discloses wherein when the second refrigerant is the R1234yf refrigerant and the third refrigerant is the R32 refrigerant (refer to par. 762, and refrigerant 2A1, wherein refrigerant 2A1 is a mixed refrigerant including HFO-1132(E), HFC-32 and HFO-1234yf), the R1234yf refrigerant is at or about 20 - 75 wt% of the refrigerant composition; and the R32 refrigerant is at or about 44 wt%, or less than 44 wt% and greater than 0 wt% of the refrigerant composition (refer to par. 764, point D, wherein the mass ratio of HFO-1132(E)/HFC-32/HFO-1234yf=10.1/18.0/71.9 mass %),
when the second refrigerant is the R1234yf refrigerant and the third refrigerant is the R1123 refrigerant, the R1132(E) refrigerant is at or about 19 wt%, or less than 19 wt% and greater than 0 wt% of the refrigerant composition; the R1234yf refrigerant is at or about 31 wt%, or less than 31 wt% and greater than 0 wt% of the refrigerant composition; and the R1123 refrigerant is at or about 50 wt%, or greater than 50 wt% and less than 100 wt% of the refrigerant composition (in the instant case, Fujinaka already meets the claim alternative of the refrigerant having the second refrigerant being R1234yf refrigerant, and the refrigerant composition consisting of the R1132(E) refrigerant, the R1234yf refrigerant, and the third refrigerant being R32 refrigerant, therefore, meeting the limitations of the claim),
when the second refrigerant is the R1234yf refrigerant and the third refrigerant is the CO2, the R1132(E) refrigerant is at or about 46 wt%, or less than 46 wt% and greater than 0 wt% of the refrigerant composition; the R1234yf refrigerant is at or about 89 wt%, or less than 89 wt% and greater than 0 wt% of the refrigerant composition; and the CO2 is greater than 0 wt% and less than 100 wt% of the refrigerant composition (in the instant case, Fujinaka already meets the claim alternative of the refrigerant having the second refrigerant being R1234yf refrigerant, and the refrigerant composition consisting of the R1132(E) refrigerant, the R1234yf refrigerant, and the third refrigerant being R32 refrigerant, therefore, meeting the limitations of the claim),
when the second refrigerant is the R1234ze(E) refrigerant and the third refrigerant is the R1123 refrigerant, the R1132(E) is at or about 36 wt%, or less than 36 wt% and greater than 0 wt% of the refrigerant composition; the R1234ze(E) refrigerant at or about 34 - 87 wt% of refrigerant; and the R1123 refrigerant is at or about 51 wt%, or less than 51 wt% and greater than 0 wt% of refrigerant composition (in the instant case, Fujinaka already meets the claim alternative of the refrigerant having the second refrigerant being R1234yf refrigerant, and the refrigerant composition consisting of the R1132(E) refrigerant, the R1234yf refrigerant, and the third refrigerant being R32 refrigerant, therefore, meeting the limitations of the claim), and
when the second refrigerant is R134a refrigerant and the third refrigerant is R32 refrigerant, the R1132(E) refrigerant is at or about 78 wt%, or greater than 78 wt% and less than 100 wt% of the refrigerant composition; the R134a refrigerant is at or about 11 wt%, or less than 11 wt% and greater than 0 wt% of the refrigerant composition; and the R32 refrigerant is at or about 22 wt%, or less than 22 wt% and greater than 0 wt% of the refrigerant composition, such that the refrigerant composition has a GWP of at or about or less than 150 and a burning velocity of at or less than 15 cm/s (in the instant case, Fujinaka already meets the claim alternative of the refrigerant having the second refrigerant being R1234yf refrigerant, and the refrigerant composition consisting of the R1132(E) refrigerant, the R1234yf refrigerant, and the third refrigerant being R32 refrigerant, therefore, meeting the limitations of the claim).
Claim(s) 1 and 11-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Itano (US 2022/0098460).
Regarding claim 1, Itano discloses a refrigerant composition for an HVACR system comprising:
R1132(E) refrigerant;
a second refrigerant being R1234ze(E) refrigerant; and
a third refrigerant being R1123 refrigerant, wherein
the refrigerant composition has a GWP of at or about or less than 750 (refer to
the GWP values for the composition as in Table 3, with an estimated GWP below 10),
when the second refrigerant is the R1234yf refrigerant, the refrigerant composition consists of the R1132(E) refrigerant, the R1234yf refrigerant, and the third refrigerant, the third refrigerant is the R32 refrigerant, the R 1132a refrigerant, or the CO2, and the R1132(E) refrigerant is at or about or less than 31 wt% of the refrigerant composition (in the instant case, the second refrigerant being R1234yf refrigerant was not elected as an alternative), and
when the second refrigerant is the R1234ze(E) refrigerant and the third refrigerant is the R1123 refrigerant, the R1132(E) refrigerant is at or about 34 wt%, or less than 34 wt% and greater than 0 wt% of the refrigerant composition (refer to par. 24, and point C, wherein the mix refrigerant comprises HFO-1132(E), HFO-1123, and R1234ze(E), and the R1132(E) refrigerant is 32.9 wt%).
Regarding claim 11, Itano meets the claim limitations as disclosed above in the rejection of claim 1. Further, Itano discloses wherein the second refrigerant is the R1234ze(E) refrigerant, the GWP of the refrigerant composition is at or about or less than 300 (refer to the GWP values for the composition as in Table 3), and the refrigerant composition has a burning velocity equal to or less than 15 cm/s (refer to par. 31, wherein the composition has a burning velocity of 10 cm/s or less).
Regarding claim 12, Itano meets the claim limitations as disclosed above in the rejection of claim 11. Further, Itano discloses wherein the GWP of the refrigerant composition is at or about or less than 150 (refer to the GWP values for the composition as in Table 3, with an estimated GWP below 10).
Regarding claim 13, Itano meets the claim limitations as disclosed above in the rejection of claim 11. Further, Itano discloses wherein the burning velocity of the refrigerant composition is equal to or less than 10 cm/s (refer to par. 31, wherein the composition has a burning velocity of 10 cm/s or less).
Regarding claim 14, Itano meets the claim limitations as disclosed above in the rejection of claim 11. Further, Itano discloses wherein the refrigerant composition has at or greater than 50% of a capacity of R410A (refer to par. 27, wherein the refrigerant mixture has a refrigerating capacity ratio of 85% or more relative to that of R410A).
Regarding claim 15, Itano meets the claim limitations as disclosed above in the rejection of claim 11. Further, Itano discloses wherein the refrigerant composition has at or greater than 75% of a capacity of R404A (refer to par. 27, wherein the refrigerant mixture has a refrigerating capacity ratio of 85% or more relative to that of R410A).
Regarding claim 16, Itano meets the claim limitations as disclosed above in the rejection of claim 1. Further, Itano discloses wherein the second refrigerant is the R134a refrigerant (refer to par. 68, line 8, wherein the refrigerant composition can include R134a).
Regarding claim 17, Itano meets the claim limitations as disclosed above in the rejection of claim 16. Further, Itano discloses wherein the refrigerant composition has a burning velocity of at or less than 15 cm/s (refer to par. 31, wherein the composition has a burning velocity of 10 cm/s or less).
Regarding claim 19, Itano discloses a method of making a refrigerant composition for an HVACR system, the method including:
mixing an amount of R1132(E) refrigerant, an amount of a second refrigerant, and an amount of a third refrigerant, the second refrigerant being R1234ze(E) refrigerant, and the third refrigerant being R1123 refrigerant (refer to par. 13, wherein the mixed refrigerant comprising trans-1,2-difluoroethylene (HFO-1132 (E)), trifluoroethylene (HFO-1123), and trans-1,3,3,3-tetrafluoro-1-propene (R1234ze(E))), wherein
the refrigerant composition has a GWP of at or about or less than 750 (refer to the GWP values for the composition as in Table 3, with an estimated GWP below 10),
when the second refrigerant is the R1234yf refrigerant, the refrigerant composition consists of the R1132(E) refrigerant, the R1234yf refrigerant, and the third refrigerant, the third refrigerant is the R32 refrigerant, the R1132a refrigerant, or the C02, and the R1132(E) refrigerant is at or about or less than 31 wt% of the refrigerant composition (in the instant case, the second refrigerant being R1234yf refrigerant was not elected as an alternative),
when the second refrigerant is the R1234ze(E) refrigerant and the third refrigerant is the R1123 refrigerant, the R1132(E) refrigerant is at or about or less than 34 wt% of the refrigerant composition (refer to par. 24, and point C, wherein the mix refrigerant comprises HFO-1132(E), HFO-1123, and R1234ze(E), and the R1132(E) refrigerant is 32.9 wt%).
Regarding claim 20, Itano discloses a method of retrofitting an HVACR system having an existing refrigerant composition, comprising:
replacing at least a portion of the existing refrigerant composition to obtain a retrofit refrigerant composition, which includes adding one or more refrigerants to the HVACR system (refer to paras. 17-18, wherein in the present specification, a first refrigerant is replaced with a second refrigerant), wherein
the retrofit refrigerant composition comprises R1132(E) refrigerant, R1234ze(E) refrigerant, and R1123 refrigerant (refer to par. 13, wherein the mixed refrigerant comprises HFO-1132 (E), HFO-1123, and R1234ze(E), and the refrigerant composition has a GWP of at or about or less than 750 (refer to the GWP values for the composition as in Table 3, with an estimated GWP below 10),
when the second refrigerant is the R1234yf refrigerant, the refrigerant composition consists of the R1132(E) refrigerant, the R1234yf refrigerant, and the third refrigerant, the third refrigerant is the R32 refrigerant, the R1132a refrigerant, or the C02, and the R1132(E) refrigerant is at or about or less than 31 wt% of the refrigerant composition (in the instant case, the second refrigerant being R1234yf refrigerant was not elected as an alternative), and
when the second refrigerant is the R1234ze(E) refrigerant and the third refrigerant is the R1123 refrigerant, the R1132(E) refrigerant is at or about or less than 34 wt% of the refrigerant composition (refer to par. 24, and point C, wherein the mix refrigerant comprises HFO-1132(E), HFO-1123, and R1234ze(E), and the R1132(E) refrigerant is 32.9 wt%).
Response to Arguments
Applicant's arguments filed on 05/19/2026 have been fully considered but they are not persuasive.
Applicant argues in page 9 of the remarks that Fujinaka does not disclose or suggest that when the second refrigerant is the R1234yf refrigerant, the refrigerant composition consists of the R1132(E) refrigerant, the R1234yf refrigerant, and the third refrigerant, the third refrigerant is the R32 refrigerant, the R1132a refrigerant, or the CO2, and the R1132(E) refrigerant is at or about or less than 31 wt% of the refrigerant composition. This argument has been considered but is not persuasive.
Fujinaka discloses in paragraphs 762-764, a refrigerant mixture 2A1, comprising HFO-1132(E), HFC-32 and HFO-1234yf, and different mass ratios such as point D, where the R1132(E) refrigerant is 27.8 wt%, therefore, meeting the limitations of the claim.
Applicant argues in page 10 of remarks that nothing in Itano teaches or suggests its mixtures of R1132(E), R1234ze(E), and R1123 containing at or less than about 34 wt% of the R1132(E) refrigerant. This argument has been considered but is not persuasive.
Itano discloses in par. 24, a refrigerant mixture comprising HFO-1132(E), HFO-1123, and R1234ze(E) and different mass ratios such as point C, where the R1132(E) refrigerant is 32.9 wt%, therefore, meeting the limitations of the claim.
For at least the reasons disclosed above, claims 1-17 and 19-21 remain rejected.
Conclusion
Applicant's amendment necessitated the new ground(s) 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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, Len Tran can be reached at 571-272-1184. 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.
/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
Prosecution Insights