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 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.
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.
Claims 1 – 15 are rejected under 35 U.S.C. 103 as being unpatentable over Agiral et al. (WO 2022/040372A1)
In regards to claim 1, Agiral teaches organic heat transfer system, method and fluid, wherein the fluid is a colloidal dispersion that comprises a non-aqueous and non-water oleaginous fluid (base oil) a), at least one nanoparticle b) and a surfactant c), and wherein the composition is useful for cooling a battery pack or a power system of an electric vehicle (title, abstract). The base oil a) can be any Group I to III mineral oil, or Groups IV or V synthetic oil [0009 – 0012]. The nanoparticles can be aluminum oxide, boron oxide, cerium oxide, tungsten oxide, titanium carbine etc. and have average (D50) particle sizes of less than 1000 nm such as less than 250 nm, such as from 0.1 nm to 100 nm [0041 – 0045].
The nanoparticles are present at from 0.5 to 40% in a colloidal dispersion [0048]. The colloidal dispersion includes a surfactant such as dispersants, and which are present at ratios of the amounts of the surfactant to the amount of the nanoparticles of from about 0.08 to about 2 [0050, 0052 and 0090]. The dispersion has a kinematic viscosity at 100℃ (Kv100) of from 0.7 to 6 cSt [0098]. In the examples, the composition has a Kv25 of from 2 cSt to about 17 cSt [0128, Table 3].
Thus, Agiral teaches the lubricating oil composition having components A, B, C and their amounts of the claim.
In regards to claim 2, Agiral teaches the composition having the ratios of B/C of the claims as discussed above.
In regards to claims 3, 4, Agiral teaches the composition having the claimed particles and particle sizes as previously stated.
In regards to claim 5, Agiral teaches the composition having the mineral base oil of the claim.
In regards to claims 6, 9, Agiral teaches the composition having Kv100 and Kv25 within the claimed range and thus would comprise Kv40 of the claims.
In regards to claim 7, Agiral teaches the composition having base oil such as mineral oil similar to the claimed oils and which would have similar volume resistivity of the claims.
In regards to claims 8, 10, Agiral teaches the composition which is non-aqueous (water-free) as previously stated.
In regards to claims 11 – 13, Agiral teaches heat transfer system and coolant composition for electrical apparatuses such as electric vehicles components, battery etc. as previously stated.
In regards to claim 14, Agiral teaches electrical apparatus, method and coolant fluid for the electric apparatus and thus when the fluid is used in the apparatus, the claimed method would be provided.
In regards to claim 15, Agiral teaches the method of preparing the composition which comprises blending the components and mixing the composition [0280 – 0283]. While the speed of the mixer is not particularly discussed, routine process parameters such as mixing speed are within general working conditions or workable ranges that are optimized by routine experimentation. Such a routine parameter would be considered obvious unless there is evidence that it is critical.
Conclusion
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/TAIWO OLADAPO/Primary Examiner, Art Unit 1771