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 .
Claims 1-3 are currently pending and under examination.
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.
1. Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (JP 2017179299 A, hereinafter Tanaka), as evidenced by “Tetrabutylammonium Bromide Safety Data Sheet” (Tetrabutylammonium Bromide Safety Data Sheet from Carl Roth GmbH, 2024, hereinafter “Tetrabutylammonium Bromide Safety Data Sheet”).
Regarding claim 1, Tanaka teaches a cold insulation composition comprising water, a quaternary ammonium salt, and a hydroxyl group-containing organic compound ([0008], claim 1).
Tanaka teaches that the quaternary ammonium salt is in an amount of 15 mass % or more and less than the saturation concentration in the cold insulation composition, the hydroxyl group-containing organic compound is in an amount of 2.5 to 16 mass % in the cold insulation composition, the water is in an amount of 53 to 80 mass % in the cold insulation composition ([0008], [0012], claim 1).
Thus, in the cold insulation composition of Tanaka, the quaternary ammonium salt can be in an amount of 15 mass % or more and less than the saturation concentration or less than 44.5 mass %, which one is lower.
Tanaka also teaches that the quaternary ammonium salt can be tetra-n-butylammonium bromide ([0019], Examples 1-17 and 19-23), and the hydroxyl group-containing organic compound can be 1-propanol ([0029], [0036]).
“Tetrabutylammonium Bromide Safety Data Sheet” as an evidentiary reference shows that tetrabutylammonium bromide has water solubility of 600 g/l (p. 8), equaling to the saturation concentration of 37.5 mass %.
Thus, tetra-n-butylammonium bromide can be in an amount of 15 mass % or more and less than 37.5 mass % in the cold insulation composition of Tanaka.
Therefore, the weight ratio of the tetra-n-butylammonium bromide to the water in the cold insulation composition of Tanaka can be about 0.19-0.71, which overlaps with the claimed range of “greater than or equal to 32.5/67.5 and less than or equal to 42.5/57.5”.
The molar ratio of the 1-propanol to the water in the cold insulation composition of Tanaka can be about 0.01-0.091, which overlaps with the claimed range of “greater than or equal to 0.02 and less than or equal to 0.042”.
Tanaka also teaches that the quaternary ammonium salt forms a clathrate hydrate ([0013]), the melting point of the clathrate hydrate is preferably in a range of from -5 oC to 25 oC ([0022]), which overlaps with the claimed range of “higher than or equal to 5 degrees Celsius and lower than or equal to 12 degrees Celsius”, and the melting point of the clathrate hydrate can be adjusted by the type of the quaternary ammonium salt in the cold insulation composition ([0022]).
Tanaka further teaches that the latent heat of the clathrate hydrate is preferably in a range of from 70 J/g to 170 J/g ([0023]), which overlaps with the claimed range of “greater than or equal to 135 J/g”, and the latent heat of the clathrate hydrate can be adjusted by the concentration and the type of the quaternary ammonium salt in the cold insulation composition ([0023]). Tanaka further teaches that the cold insulation composition is used in a cold insulation tool (claim 1).
Tanaka does not teach a single embodiment with all the claimed elements together, does not teach the fusion heat and heat flow peak of the cold insulation composition.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to make a composition comprising water in an amount of 53-80 mass%, a quaternary ammonium salt such as tetra-n-butylammonium bromide in an amount of 15 mass% or more and less than 37.5 mass%, a hydroxyl group-containing organic compound such as 1-propanol in an amount of 2.5-16 mass% as taught by Tanaka, in order to make a cold insulation composition for use in a cold insulation tool with a reasonable expectation of success.
Furthermore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the properties of the composition having a fusion heat of greater than or equal to 135 J/g within a range of higher than or equal to 5 degrees Celsius and lower than or equal to 12 degrees Celsius, and having a heat flow peak within a range of higher than or equal to 5 degrees Celsius and lower than or equal to 12 degrees Celsius, would flow naturally from the teaching of Tanaka, because the teaching of Tanaka provides substantially the same cold storage material composition comprising the same tetra-n-butylammonium bromide, water, and 1-propanol, with the same weight ratio of the tetra-n-butylammonium bromide to the water, and the same molar ratio of the 1-propanol to the water as claimed, and also because the quaternary ammonium salt forms a clathrate hydrate, the melting point of the clathrate hydrate is preferably in a range of from -5 oC to 25 oC, the latent heat of the clathrate hydrate is preferably in a range of from 70 J/g to 170 J/g, the melting point of the clathrate hydrate can be adjusted by the type of the quaternary ammonium salt, and the latent heat of the clathrate hydrate can be adjusted by the type and concentration of the quaternary ammonium salt in the cold insulation composition as recognized by Tanaka. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 2, Tanaka teaches that a cold insulation tool comprises the cold insulation composition ([0008], claim 1). The cold insulation tool of Tanaka reads on the claimed refrigerator.
2. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (JP 2017179299 A) as evidenced by “Tetrabutylammonium Bromide Safety Data Sheet” (Tetrabutylammonium Bromide Safety Data Sheet from Carl Roth GmbH, 2024) as applied to claims 1 and 2 above, and further in view of Kusabe (JP 2018012807 A, hereinafter Kusabe).
The disclosure of Tanaka as evidenced by “Tetrabutylammonium Bromide Safety Data Sheet” is relied upon as set forth above.
Regarding claim 3, Tanaka teaches that a cold insulation tool comprises the cold insulation composition ([0008], claim 1). Tanaka teaches that the cold insulation tool comprising the cold insulation composition can cool to a low temperature such as -15°C or less ([0011]).
Tanaka does not teach the cold-storage warehouse.
However, Kusabe teaches a heat medium comprising brine such as a monohydric alcohol, water, and tetra-n-butylammonium bromide ([0006], [0008], [0039], [0040]).
Kusabe teaches that the phase transition point of the heat medium can be lowered by adding brine such as a monohydric alcohol, thus the heat medium can be effectively used in a refrigeration warehouse requiring low-temperature cooling ([0039], [0040], [0043]). The refrigeration warehouse of Kusabe reads on the claimed cold-storage warehouse.
Kusabe also teaches that the phase transition point of the heat medium can be in a range of -30°C to -10°C ([0042]), which overlaps with the low temperature of -15°C or less of Tanaka.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to put the cold insulation composition comprising water, tetra-n-butylammonium bromide, and 1-propanol as taught by Tanaka in a refrigeration warehouse as taught by Kusabe, in order to cool the refrigeration warehouse to a low temperature of -15°C or less with a reasonable expectation of success. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Conclusion
This is a Continuation of applicant's earlier Application No. 17/315,421. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). 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 JIAJIA JANIE CAI whose telephone number is 571-270-0951. The examiner can normally be reached Monday-Friday 8:30 am - 5:00 pm.
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, Angela Brown-Pettigrew can be reached on 571-272-2817. 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.
/JIAJIA JANIE CAI/Examiner, Art Unit 1761
/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
Prosecution Insights