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 1-5, 11 and 13-15 in the reply filed on 07/10/2026 is acknowledged.
Claims 6-10 and 12 are withdrawn by the examiner from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claims 1 and 11 are objected to because of the following informalities: HCFO-1224yd, HCFC-225ca and HCFC-225cb have to be preceded by either a full chemical name or a condensed chemical formula. Appropriate correction is required.
Claims 2-5 and 13-15 are objected to as being dependent upon an objected base claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The limitation “the amount” and “the total amount” render the claim vague and indefinite as it is unclear if the amount is based on moles, weight, weight%, mol% etc.
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 11 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by International publication WO2013/099856A1 (WO’856; cited in IDS 07/26/2024 and machine translation attached herein).
WO’856 teaches in Table 1 a composition F13 comprising HCFO-1224yd (11.13 wt%), HCFC-225ca (7.88 wt%) and HCFC-225cb (2.58 wt%), and wherein the amount of HCFO-1224yd is greater than the total amount of HCFC-225ca and HCFC-225cb (10.46 wt%).
Allowable Subject Matter
The subject matter of claims 1-5 and 13-15 is free of prior art reference. The closest prior art reference is Patent application publication number US2011/0319677A1 (US’677).
US’677 teaches a process for the production of HCFO-1224yd by the process comprising:
producing 1,1-dichloro-2,3,3,3-tetrafluoropropene (CFO-1214ya) by reacting 1,1-dichloro-2,2,3,3,3-pentafluoropropane (CF3CF2CHCl2, HCFC-225ca) and an alkali aqueous solution in the presence of a phase-transfer catalyst for a dehydrofluorination reaction ([0055]-[0056]), wherein the raw reactant can comprise 1,3-dichloro-1,2,2,3,3-pentafluoropropane (CHClFCF2CClF2, HCFC-225cb) ([0058]-[0059]); and
reacting CFO-1214ya with hydrogen in the presence of a catalyst to produce 2,3,3,3-tetrafluoropropene (HFO-1234yf) as the main product and HCFO-1224yd as the intermediate ([0062] and [0067]).
However, the reference fails to teach or suggest the instantly claimed process comprising contacting a combined feed of CF2ClCF2CHCl2 (HCFC-225cb) and CF3CF2CHCl2 (HCFC-225ca) with a catalyst and producing HCFO-1224yd in an amount ranging between about 14 mol % and 36 mol % HCFO-1224yd. Furthermore, there is no motivation in modifying the teachings of US’677 to arrive at the instantly claimed invention.
In view of the foregoing, claims 1-5 and 13-15 are deemed novel and unobvious over the closest prior art reference.
Conclusion
Claims 1-5, 11 and 13-15 are objected and claim 11 is rejected.
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/MEDHANIT W BAHTA/Primary Examiner, Art Unit 1692
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