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 .
Preliminary Amendment
Acknowledgment is made of the preliminary amendment filed on 9/3/2024. Accordingly, Claims 1-4 are pending for consideration on the merits in this Office Action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/3/2024 was filed before the mailing of a first Office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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.
Claims 1-4 are 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.
Regarding Claim 1, Claim 1 recites “when a temperature of the crystalline resin material is raised at a temperature rise rate of 10°C/min using a differential scanning calorimeter, a value obtained by differentiating an amount of heat measured by the differential scanning calorimeter with respect to time does not have an exothermic peak of 20 pW/mg/min or more in a temperature range of a glass transition temperature of the crystalline resin material to a melting point thereof” which renders the claim indefinite because it is unclear what is meant by “is raised”. Claim 1 recites an apparatus claim (refrigeration cycle apparatus) and the limitation of “when a temperature of the crystalline resin material is raised at a temperature rise rate of 10°C/min using a differential scanning " is a method step of using the apparatus. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) since it is unclear if infringement occurs when one creates a system that allows a user to raise a temperature of the crystalline resin, or whether infringement occurs when the user actually raises a temperature of the crystalline resin, see MPEP 2173.05(p)(II). As such, claim 1 is indefinite as failing to particularly pointing out and distinctly claiming the invention. For the purposes of examination, the examiner is going to treat the claim as if it read, - - a temperature of the crystalline resin material is capable of being raised at a temperature rise rate of 10°C/min using a differential scanning such that … - - for clarity.
Claims 2-4 are rejected based on dependency from a rejected claim.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US20220146163A1) in view of Kakegawa (JP2008222888A)
Regarding Claim 1, Tanaka teaches a refrigeration cycle apparatus [air conditioning apparatus 1, Figure 1] comprising:
a refrigerant circuit [refrigerant circuit 10, Figure 1] that includes a compressor [compressor 11, Figure 1], wherein the refrigerant circuit is enclosed with refrigerant [where a refrigerant is enclosed in refrigerant circuit 10; 0017], the refrigerant circuit includes a component in contact with the refrigerant [valve body 57 of four-way switching valve 12; 0005; 0097], a surface of the component in contact with the refrigerant contains a crystalline resin material [where at least a surface of the component to be in contact with the refrigerant is constituted by a resin other than nylon 66; 0005; where the valve body 57 of four way switching valve 12 is constituted by a resin containing PBT (polybutylene terephthalate), PET (polyethylene terephthalate), PTFE (polytetrafluoroethylene), and PPS (polyphenylene sulfide); 0097] but does not teach a temperature of the crystalline resin material is capable of being raised at a temperature rise rate of 10°C/min using a differential scanning calorimeter such that a value obtained by differentiating an amount of heat measured by the differential scanning calorimeter with respect to time does not have an exothermic peak of 20 pW/mg/min or more in a temperature range of a glass transition temperature of the crystalline resin material to a melting point thereof.
However, Kakegawa teaches an inorganic filler-containing polyester sheet having specific crystallization properties, a molding method for heating and crystallizing the sheet, and a molded article obtained by the molding [0001] where a temperature of the crystalline resin material [inorganic filler containing polyester sheet containing a polyalkylene terapthalate; 0012; where the polyalkylene terapthalate is preferably 90-100% weight resin component such as PET or PBT; 0016] is capable of being raised at a temperature rise rate of 10°C/min using a differential scanning calorimeter [where a thermal analysis is performed using a power compensation differential scanning calorimeter by holding the sheet at 0°C for 3 minutes and then heating it from 0°C to 260°C at a set heating rate of 10°C/min; 0042] such that a value obtained by differentiating an amount of heat measured by the differential scanning calorimeter with respect to time does not have an exothermic peak of 20 pW/mg/min or more [where there is no exothermic peak; 0043] in a temperature range of a glass transition temperature of the crystalline resin material to a melting point thereof [where heating is from 0°C to 260°C; 0012; where a sheet temperature between 30°C to 100°C is above glass temperature and below crystallization temperature; 0055; where one of ordinary skill in the art would understand 260°C is a melting point, refer to pertinent art below], where one of ordinary skill in the art would have been capable of applying routine optimization of a known result effective variable, where the magnitude of the exothermic peak is an index of the crystalline state, to achieve a recognized result, i.e., adjusting degree of crystallization and ability to be heat molded [where an article molded from the polyester sheet would preferably have no exothermic peak, Kakegawa, 0042; 0043]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Tanaka to have where a temperature of the crystalline resin material is capable of being raised at a temperature rise rate of 10°C/min using a differential scanning calorimeter such that a value obtained by differentiating an amount of heat measured by the differential scanning calorimeter with respect to time does not have an exothermic peak of 20 pW/mg/min or more in a temperature range of a glass transition temperature of the crystalline resin material to a melting point thereof in view of the teachings of Kakegawa where the modification constitutes routine optimization of a known result-effective variable to achieve a recognized result, i.e., adjusting degree of crystallization and ability to be heat molded [where an article molded from the polyester sheet would preferably have no exothermic peak, Kakegawa, 0042; 0043]
Regarding Claim 2, Tanaka, as modified, teaches the invention of claim 1 and further teaches where the component [0005] is a four-way valve [valve body 57 of four-way switching valve 12, Figure 5; 0097].
Regarding Claim 3, Tanaka, as modified, teaches the invention of claim 1 and further teaches wherein the crystalline resin material is at least one selected from the group consisting of polyphenylene sulfide, polyethylene terephthalate, polybutylene terephthalate [where the valve body 57 of four way switching valve 12 is constituted by a resin containing PBT (polybutylene terephthalate), PET (polyethylene terephthalate), PTFE (polytetrafluoroethylene), and PPS (polyphenylene sulfide); 0097]
Regarding Claim 4, Tanaka, as modified, teaches the invention of claim 2 and further teaches wherein the crystalline resin material is at least one selected from the group consisting of polyphenylene sulfide, polyethylene terephthalate, polybutylene terephthalate [where the valve body 57 of four way switching valve 12 is constituted by a resin containing PBT (polybutylene terephthalate), PET (polyethylene terephthalate), PTFE (polytetrafluoroethylene), and PPS (polyphenylene sulfide); 0097]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. ASTM D3418-21, Standard Test Method for Transition Temperatures of Enthalpies of Fusion and Crystallization of Polymers by Differential Scanning Calorimetry, Sept 2021, [retrieved on 2/4/2024]. Retrieved from <https://compass.astm.org/content-access?contentCode=ASTM%7CD3418-21%7Cen-US>. ASTM D3418-21 discusses the procedure for thermal analysis of polymers with a differential scanning calorimeter (DSC). The standard test method suggests a heating rate of 10°C/min, section 9. Calibration, where the selection of time and temperature is critical to minimize exposure to high temperature and avoid sublimation or decomposition (section 10.1.4), such that melting temperatures would be the maximum temperatures of the temperature range during the anal (section 10.1.9 and 10.1.10).
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/KEONA LAUREN BANKS/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763