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 .
This action is responsive to Applicant's amendments/remarks filed 04/28/2026.
Claims 18, 21-36, 38, and 39 are currently pending and under examination.
The rejection of claims 18-27, 29, and 31-37 under 35 U.S.C. 103 as being unpatentable over Huang (CN 110257014 A) is withdrawn in view of the above amendments.
The rejection of claim 30 under 35 U.S.C. 103 as being unpatentable over Huang (CN 110257014 A) as evidenced by “IPCC GWP” (IPCC Global Warming Potential Values, 2024) is withdrawn in view of the above amendments.
The rejection of claims 18, 21-27, 30, and 37 provisionally on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 6, 7, 15, and 17 of copending Application No. 18/650,115 (reference application) is withdrawn in view of the above amendments.
The rejection of claims 18 and 28 under 35 U.S.C. 103 as being unpatentable over Flohr (US 2006/0202154 A1) is maintained in view of the above amendments.
The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
1. Claims 18, 29, 31, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Cho (US 2003/0178597 A1, hereinafter Cho).
Regarding claim 18, Cho teaches that a refrigerant composition contains a refrigerant and an additive, wherein the refrigerant is a mixture of isobutane and 1,1-difluoroethane (R-152a), the isobutane is in an amount of 25-35 wt %, the 1,1-difluoroethane is in an amount of 65-75 wt %, and the sum of the isobutane and the 1,1-difluoroethane is 100 wt % based on the total weight of the refrigerant, wherein the additive can be a mixture of carbon dioxide and trifluoromethyl iodide (R-13I1), the additive is in an amount of less than 5 wt % based on the refrigerant (claim 1, [0021]).
Thus, carbon dioxide as an additive in Cho can be in an amount of less than 5 wt.% based on the total weight of refrigerant composition, which overlaps with the claimed range of “3% to 10% by weight of carbon dioxide”.
The combination of 1,1-difluoroethane and trifluoromethyl iodide in Cho can be in an amount of from more than 65 wt % to less than 80 wt % based on the total weight of refrigerant composition, which falls within the claimed range of “at least 60% by weight or more”, and reads on the claimed mixture of fluorinated refrigerants. The 1,1-difluoroethane and trifluoromethyl iodide are the only fluorinated refrigerants in the refrigerant composition of Cho.
Cho does not teach the claimed mixed refrigerant composition at once under the meaning of anticipation.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. See MPEP § 2144.05.I. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 29, Cho teaches that the refrigerant composition is environment-friendly and has no harm to the ozone layer ([0026]), and the refrigerant composition has ozone layer destroy potential (ODP) of 0 (Table 2), which reads on the claimed mixed refrigerant composition having an ozone depleting potential of 0.
Regarding claim 31, Cho teaches that the refrigerant composition contains a refrigerant and an additive, wherein the refrigerant is a mixture of isobutane and 1,1-difluoroethane, the additive can be a mixture of carbon dioxide and trifluoromethyl iodide (claim 1, [0021]). Thus, the refrigerant composition of Cho is free of any chlorine atoms.
Regarding claim 39, as discussed in claim 18 above, the carbon dioxide as an additive in Cho can be in an amount of less than 5 wt.% based on the total weight of refrigerant composition, which overlaps with the claimed range of “3% to 5% by weight”.
2. Claims 18, 28, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Flohr (US 2006/0202154 A1, hereinafter Flohr).
Regarding claims 18 and 28, Flohr teaches that a refrigerant mixture can comprise at least one halogenated hydrocarbon with a GWP100 of less than 150 and carbon dioxide ([0011], claim 1). Thus, the refrigerant mixture of Flohr can comprise two halogenated hydrocarbons with a GWP100 of less than 150.
Flohr also teaches that a refrigerant mixture consists of halogenated hydrocarbons with a GWP100 of less than 150 and carbon dioxide ([0014]), and the examples of the halogenated hydrocarbons with a GWP100 of less than 150 include 1,1-difluoroethane (R152a) and trifluoroiodomethane (R13I1) ([0015]). Thus, the refrigerant mixture of Flohr can consist of R152a, R13I1, and CO2. The R152a and R13I1 are the only fluorinated refrigerants in the refrigerant mixture of Flohr.
Flohr also teaches that the disadvantageous property (i.e. combustibility) of the individual substances (e.g. R152a) can be compensated for or offset by combining them with carbon dioxide, thereby making the resulting refrigerant mixture being used for automobile air conditioners ([0017]).
Flohr further teaches that when the carbon dioxide is in an amount of 2 to 30% by weight in the refrigerant mixture which consists of carbon dioxide and halogenated hydrocarbons such as R152a, the risk of combustibility is minimized ([0018]-[0019]).
Flohr further teaches that the refrigerant mixture is used as a replacement for R134a ([0009]); and the refrigerant mixture has a low greenhouse potential, is non-toxic, and is not combustible ([0010]).
Flohr does not teach the claimed mixed refrigerant composition at once under the meaning of anticipation.
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 refrigerant mixture consisting of R152a, R13I1, and CO2, wherein the CO2 is in an amount of 2 to 30% by weight in the refrigerant mixture as taught by Flohr, in order to minimize the risk of combustibility and make the refrigerant mixture having a low greenhouse potential, being non-toxic and not combustible, and as a replacement for R134a with a reasonable expectation of success, because the refrigerant mixture can consist of R152a, R13I1, and CO2 as recognized by Flohr, and when the carbon dioxide is in an amount of 2 to 30% by weight in the refrigerant mixture which consists of CO2 and halogenated hydrocarbons such as R152a, the risk of combustibility is minimized as recognized by Flohr.
Thus, the combination of 1,1-difluoroethane and trifluoroiodomethane can be in an amount of 70 to 98% by weight in the refrigerant mixture of Flohr, which falls within the claimed range of “at least 60% by weight or more”, and reads on the claimed mixture of fluorinated refrigerants. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 32, Flohr teaches that a refrigerant mixture can comprise at least one halogenated hydrocarbon with a GWP100 of less than 150 and carbon dioxide ([0011], claim 1). Thus, the refrigerant mixture of Flohr can comprise two halogenated hydrocarbons with a GWP100 of less than 150.
Flohr also teaches that the refrigerant mixture consists of halogenated hydrocarbons with a GWP100 of less than 150 and carbon dioxide ([0014]), and the examples of the halogenated hydrocarbons with a GWP100 of less than 150 include 1,1-difluoroethane (R152a), and trifluoroiodomethane (R13I1) ([0015]).
Flohr further teaches that the refrigerant mixture is used as a replacement for R134a ([0009]); and the refrigerant mixture has a low greenhouse potential, is non-toxic, and is not combustible ([0010]).
Flohr does not teach the claimed refrigerant composition at once under the meaning of anticipation.
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 refrigerant mixture consisting of 1,1-difluoroethane, trifluoroiodomethane, and carbon dioxide as taught by Flohr, in order to make the refrigerant mixture having a low greenhouse potential, being non-toxic and not combustible, and as a replacement for R134a with a reasonable expectation of success, because the refrigerant mixture consists of carbon dioxide and halogenated hydrocarbons with a GWP100 of less than 150 which can include 1,1-difluoroethane and trifluoroiodomethane as recognized by Flohr. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
3. Claims 18, 21-32, 36, 38, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2006/0025322 A1, hereinafter Wilson) in view of Flohr (US 2006/0202154 A1, hereinafter Flohr).
Regarding claim 18, Wilson teaches that an azeotrope-like composition consists essentially of from about 35 to about 55 weight percent of 1,1-difluoroethane (HFC-152a), and from about 45 to about 65 weight percent of trifluoroiodomethane (CF3I) ([0018], claims 1-2). Thus, the azeotrope-like composition of Wilson can consist of HFC-152a and CF3I. HFC-152a and CF3I are the only fluorinated refrigerants in the composition of Wilson.
Wilson also teaches that the azeotrope-like composition can further include an additive such as a flame suppressant to form a heat transfer composition ([0025]), and the flame suppressant is in an amount of from about 0.5 to about 30% by weight in the heat transfer composition ([0061]). Thus, the heat transfer composition of Wilson can comprise about 35-55 wt.% of HFC-152a, about 45-65 wt.% of CF3I, and about 0.5-30 wt.% of a flame suppressant.
Wilson also teaches that the azeotrope-like composition can further include an additional component such as CO2 to form a heat transfer composition ([0062], [0074]); and the amount of the additional component such as CO2 is incorporated into the composition in an amount depending on the particular application for the composition ([0074]).
Wilson further teaches that the composition is used as a refrigerant in automotive air conditioning system ([0007]).
Wilson does not teach that the CO2 can be the flame suppressant.
However, Flohr teaches that a refrigerant mixture comprises at least one halogenated hydrocarbon with a GWP100 of less than 150 and carbon dioxide ([0011], claim 1), and the examples of the halogenated hydrocarbon with a GWP100 of less than 150 include 1,1-difluoroethane (R152a) and trifluoroiodomethane (R13I1) ([0015]). Thus, the refrigerant mixture of Flohr can comprise R152a, R13I1 and CO2.
Flohr also teaches that the disadvantageous property (i.e. combustibility) of the individual substances (e.g. R152a) can be compensated for or offset by combining them with carbon dioxide, thereby making the resulting refrigerant mixture being used for automobile air conditioners ([0017]).
Flohr further teaches that when the carbon dioxide is included in the refrigerant mixture which comprises R152a, the risk of combustibility is minimized ([0018]-[0019]). Thus, CO2 works as a flame suppressant in the refrigerant mixture of Flohr.
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 provide CO2 as taught by Flohr as the flame suppressant in Wilson, in order to minimize the combustibility of the heat transfer composition comprising R152a, thereby making the composition being used in automobile air conditioners with a reasonable expectation of success, because the combustibility of the individual substances such as R152a can be compensated for or offset by combining them with CO2, thereby making the resulting refrigerant mixture being used in automobile air conditioners as recognized by Flohr.
Thus, the heat transfer composition as taught by the combination of Wilson and Flohr can comprise about 35-55 wt.% of HFC-152a, about 45-65 wt.% of CF3I, and about 0.5-30 wt.% of CO2, which overlaps with the claimed range of “3% to 10% by weight of carbon dioxide”.
The combination of HFC-152a and CF3I can be in an amount of about 70-99.5 wt.% in the heat transfer composition as taught by the combination of Wilson and Flohr, which falls within the claimed range of “at least 60% by weight or more”, and reads on the claimed mixture of fluorinated refrigerants. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claims 21-25, as discussed in claim 18 above, the heat transfer composition as taught by the combination of Wilson and Flohr can comprise about 35-55 wt.% of HFC-152a and about 45-65 wt.% of CF3I, which overlap with the claimed ranges of “55% to 71.5% by weight of the R-13I1”, “56% to 66.5% by weight of the R-13I1”, “20% to 60% by weight of the R-152a”, “30% to 50% by weight of the R-152a”, and “25% to 40% by weight of the R-152a”.
Regarding claims 26-27, as discussed in claim 18 above, the heat transfer composition as taught by the combination of Wilson and Flohr can comprise about 35-55 wt.% of HFC-152a, about 45-65 wt.% of CF3I, and about 0.5-30 wt.% of CO2.
Thus, in the heat transfer composition as taught by the combination of Wilson and Flohr, the ratio of CF3I to CO2 can be in a range of 1.5 to 90, which overlaps with the claimed range of “5 to 80”.
In the heat transfer composition as taught by the combination of Wilson and Flohr, the ratio of CO2 to HFC-152a can be in a range of 0.01 to 0.5, which overlaps with the claimed range of “0.01 to 0.3”.
Regarding claim 29, Wilson teaches that it is desirable to use fluids having low or even zero ozone depletion potential, such as hydrofluorocarbons (“HFCs”) ([0004]).
Wilson does not teach that the heat transfer composition has an ozone depleting potential of 0.
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 reasonably expect that the claimed property of the composition having an ozone depleting potential of 0 would flow naturally from the teaching of the combination of Wilson and Flohr, because the teaching of the combination of Wilson and Flohr provides substantially the same mixed refrigerant composition comprising the same amount of CO2, and the same amount of a mixture of fluorinated refrigerants consisting of R-13I1 and R-152a, and the R-13I1 and the R-152a are the only fluorinated refrigerants in the mixed refrigerant composition as claimed. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claim 30, Wilson teaches that the composition has global warming potential (“GWP”) of less than about 150 ([0007]), which overlaps with the claimed range of “not more than about 50.2”.
Regarding claim 31, as discussed in claim 18 above, the heat transfer composition as taught by the combination of Wilson and Flohr can comprise about 35-55 wt.% of HFC-152a (1,1-difluoroethane), about 45-65 wt.% of CF3I (trifluoroiodomethane), and about 0.5-30 wt.% of CO2, which is free of any chlorine atoms.
Regarding claim 38, as discussed in claim 18 above, the heat transfer composition as taught by the combination of Wilson and Flohr can comprise about 45-65 wt.% of CF3I, which overlaps with the claimed range of “63% to 71.5% by weight”.
Regarding claim 39, as discussed in claim 18 above, the heat transfer composition as taught by the combination of Wilson and Flohr can comprise about 0.5-30 wt.% of CO2, which overlaps with the claimed range of “3% to 5% by weight”.
Regarding claims 18 and 28, Wilson teaches that an azeotrope-like composition consists essentially of from about 35 to about 55 weight percent of 1,1-difluoroethane (HFC-152a), and from about 45 to about 65 weight percent of trifluoroiodomethane (CF3I) ([0018], claims 1-2). Thus, the azeotrope-like composition of Wilson can consist of HFC-152a and CF3I.
Wilson also teaches that the azeotrope-like composition can further include an additive such as a flame suppressant to form a heat transfer composition ([0025]), and the flame suppressant is in an amount of from about 0.5 to about 30% by weight in the heat transfer composition ([0061]). Thus, the heat transfer composition of Wilson can consist of HFC-152a, CF3I, and a flame suppressant. HFC-152a and CF3I are the only fluorinated refrigerants in the composition of Wilson.
Wilson also teaches that the azeotrope-like composition can further include an additional component such as CO2 to form a heat transfer composition ([0062], [0074]); and the amount of the additional component such as CO2 is incorporated into the composition in an amount depending on the particular application for the composition ([0074]).
Wilson further teaches that the composition is used as a refrigerant in automotive air conditioning system ([0007]).
Wilson does not teach that the CO2 can be the flame suppressant.
However, Flohr teaches that a refrigerant mixture comprises at least one halogenated hydrocarbon with a GWP100 of less than 150 and carbon dioxide ([0011], claim 1). Thus, the refrigerant mixture of Flohr can comprise two halogenated hydrocarbons with a GWP100 of less than 150.
Flohr also teaches that the refrigerant mixture consists of halogenated hydrocarbons with a GWP100 of less than 150 and carbon dioxide ([0014]), and the examples of the halogenated hydrocarbon with a GWP100 of less than 150 include 1,1-difluoroethane (R152a) and trifluoroiodomethane (R13I1) ([0015]). Thus, the refrigerant mixture of Flohr can consist of R152a, R13I1 and CO2.
Flohr also teaches that the disadvantageous property (i.e. combustibility) of the individual substances (e.g. R152a) can be compensated for or offset by combining them with carbon dioxide, thereby making the resulting refrigerant mixture being used for automobile air conditioners ([0017]).
Flohr further teaches that when the carbon dioxide is included in the refrigerant mixture which comprises R152a, the risk of combustibility is minimized ([0018]-[0019]). Thus, CO2 works as a flame suppressant in the refrigerant mixture of Flohr.
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 provide CO2 as taught by Flohr as the flame suppressant in Wilson, in order to minimize the combustibility of the heat transfer composition comprising R152a, thereby making the composition being used in automobile air conditioners with a reasonable expectation of success, because the combustibility of the individual substances such as R152a can be compensated for or offset by combining them with CO2, thereby making the resulting refrigerant mixture being used in automobile air conditioners as recognized by Flohr.
Thus, the heat transfer composition as taught by the combination of Wilson and Flohr can consist of about 35-55 wt.% of HFC-152a, about 45-65 wt.% of CF3I, and about 0.5-30 wt.% of CO2, which overlaps with the claimed range of “3% to 10% by weight of carbon dioxide”.
The combination of HFC-152a and CF3I can be in an amount of about 70-99.5 wt.% in the heat transfer composition as taught by the combination of Wilson and Flohr, which falls within the claimed range of “at least 60% by weight or more”, and reads on the claimed mixture of fluorinated refrigerants. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claims 32 and 36, Wilson teaches that an azeotrope-like composition consists essentially of from about 35 to about 55 weight percent of 1,1-difluoroethane (HFC-152a), and from about 45 to about 65 weight percent of trifluoroiodomethane (CF3I) ([0018], claims 1-2). Thus, the azeotrope-like composition of Wilson can consist of HFC-152a and CF3I.
Wilson also teaches that the azeotrope-like composition can further include an additive such as a flame suppressant to form a heat transfer composition ([0025]), and the flame suppressant is in an amount of from about 0.5 to about 30% by weight in the heat transfer composition ([0061]). Thus, the heat transfer composition of Wilson can consist of HFC-152a, CF3I, and a flame suppressant. HFC-152a and CF3I are the only fluorinated refrigerants in the composition of Wilson.
Wilson also teaches that the azeotrope-like composition can further include an additional component such as CO2 to form a heat transfer composition ([0062], [0074]); and the amount of the additional component such as CO2 is incorporated into the composition in an amount depending on the particular application for the composition ([0074]).
Wilson further teaches that the composition is used as a refrigerant in automotive air conditioning system ([0007]).
Wilson does not teach that the CO2 can be the flame suppressant.
However, Flohr teaches that a refrigerant mixture comprises at least one halogenated hydrocarbon with a GWP100 of less than 150 and carbon dioxide ([0011], claim 1). Thus, the refrigerant mixture of Flohr can comprise two halogenated hydrocarbons with a GWP100 of less than 150.
Flohr also teaches that the refrigerant mixture consists of halogenated hydrocarbons with a GWP100 of less than 150 and carbon dioxide ([0014]), and the examples of the halogenated hydrocarbon with a GWP100 of less than 150 include 1,1-difluoroethane (R152a) and trifluoroiodomethane (R13I1) ([0015]). Thus, the refrigerant mixture of Flohr can consist of R152a, R13I1 and CO2.
Flohr also teaches that the disadvantageous property (i.e. combustibility) of the individual substances (e.g. R152a) can be compensated for or offset by combining them with carbon dioxide, thereby making the resulting refrigerant mixture being used for automobile air conditioners ([0017]).
Flohr further teaches that when the carbon dioxide is included in the refrigerant mixture which comprises R152a, the risk of combustibility is minimized ([0018]-[0019]). Thus, CO2 works as a flame suppressant in the refrigerant mixture of Flohr.
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 provide CO2 as taught by Flohr as the flame suppressant in Wilson, in order to minimize the combustibility of the heat transfer composition comprising R152a, thereby making the composition being used in automobile air conditioners with a reasonable expectation of success, because the combustibility of the individual substances such as R152a can be compensated for or offset by combining them with CO2, thereby making the resulting refrigerant mixture being used in automobile air conditioners as recognized by Flohr.
Thus, the heat transfer composition as taught by the combination of Wilson and Flohr can consist of about 35-55 wt.% of HFC-152a, about 45-65 wt.% of CF3I, and about 0.5-30 wt.% of CO2.
Thus, in the heat transfer composition as taught by the combination of Wilson and Flohr, the ratio of CO2 to HFC-152a can be in a range of 0.01 to 0.5, which overlaps with the claimed range of “0.01 to 0.3”. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
4. Claims 32-35 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2006/0025322 A1, hereinafter Wilson).
Regarding claim 32, Wilson teaches that an azeotrope-like composition consists essentially of from about 35 to about 55 weight percent of 1,1-difluoroethane (HFC-152a), and from about 45 to about 65 weight percent of trifluoroiodomethane (CF3I) ([0018], claims 1-2). Thus, the azeotrope-like composition of Wilson can consist of HFC-152a and CF3I.
Wilson also teaches that the azeotrope-like composition can further include an additional component such as CO2 to form a heat transfer composition ([0062], [0074]).
Wilson does not teach the claimed refrigerant composition at once under the meaning of anticipation.
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 consisting of HFC-152a, CF3I, and CO2, in order to form a heat transfer composition with a reasonable expectation of success, because the azeotrope-like composition consists essentially of about 35-55 wt.% of HFC-152a and about 45-65 wt.% CF3I, further includes CO2 to form a heat transfer composition as recognized by Wilson. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Regarding claims 33-35, Wilson teaches that an azeotrope-like composition consists essentially of from about 35 to about 55 weight percent of HFC-152a, and from about 45 to about 65 weight percent of CF3I ([0018], claims 1-2), which overlaps with the claimed ranges of “55% to 71.5% by weight of the R-13I1”, “20% to 60% by weight of the R-152a” and “30% to 50% by weight of the R-152a”.
Response to Arguments
Applicant's arguments filed 04/28/2026 have been fully considered but they are not persuasive.
1. Applicant's arguments with respect to the prior rejections by using prior art Huang (CN 110257014 A) have been considered but are moot, because Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. The current rejection does not utilize Huang as prior art. The current rejection utilizes new references, Cho (US 2003/0178597 A1) and Wilson (US 2006/0025322 A1), under a new ground(s) of rejection which renders obvious the instant claims.
As stated above, claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Cho (US 2003/0178597 A1).
Claims 18, 28 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Flohr (US 2006/0202154 A1).
Claims 18 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2006/0025322 A1) in view of Flohr (US 2006/0202154 A1).
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2006/0025322 A1).
2. Applicant argues that Flohr never discloses or suggests a ternary mixture combining trifluoroiodomethane (R-13I1), 1,1-difluoroethane (R-152a), and carbon dioxide; Flohr's entire detailed description (e.g., paragraphs [0019]-[0030]) and all experimental data (Table 2) are directed exclusively to binary mixtures of R-152a and carbon dioxide; Trifluoroiodomethane (R-13I1) is mentioned only in a generic listing of possible halogenated hydrocarbons in paragraph [0015] and claim 2 but is never combined with 1,1-difluoroethane (R-152a) in any embodiment, example, or data point (pp. 8-9).
Applicant also argues that Flohr does not disclose any weight percentage for R-13I1 in any mixture; the only weight percentages disclosed in Flohr are for R-152a (70-98% by weight) and carbon dioxide (2-30% by weight) in the context of the R-152a/CO2 binary system (p. 9).
In response, Applicant’s arguments are considered but are not persuasive.
Firstly, "The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989). Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). See MPEP 2123.
Flohr teaches that a refrigerant mixture can comprise at least one halogenated hydrocarbon with a GWP100 of less than 150 and carbon dioxide ([0011], claim 1). Thus, the refrigerant mixture of Flohr can comprise two halogenated hydrocarbons with a GWP100 of less than 150.
Flohr also teaches that a refrigerant mixture consists of halogenated hydrocarbons with a GWP100 of less than 150 and carbon dioxide ([0014]), and the examples of the halogenated hydrocarbons with a GWP100 of less than 150 include 1,1-difluoroethane (R152a) and trifluoroiodomethane (R13I1) ([0015]). Thus, the refrigerant mixture of Flohr can consist of R152a, R13I1, and CO2.
Secondly, regarding Applicant’s arguments that Flohr does not disclose any weight percentage for R-13I1 in any mixture, in response, the Office use Flohr to reject claims 18 and 28. Claims 18 and 28 do not recite any weight percentage for R-13I1. Thus, the Office does not have the burden to fulfill this requirement.
Thirdly, as discussed in claims 18 and 28 above, Flohr teaches that the disadvantageous property (i.e. combustibility) of the individual substances (e.g. difluoroethane) can be compensated for or offset by combining them with carbon dioxide, thereby making the resulting refrigerant mixture being used for automobile air conditioners ([0017]).
Flohr also teaches that when the carbon dioxide is in an amount of 2 to 30% by weight in the refrigerant mixture which consists of carbon dioxide and halogenated hydrocarbons such as R152a, the risk of combustibility is minimized ([0018]-[0019]).
Flohr further teaches that the refrigerant mixture is used as a replacement for R134a ([0009]); and the refrigerant mixture has a low greenhouse potential, is non-toxic, and is not combustible ([0010]).
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 make a refrigerant mixture consisting of R152a, R-13I1, and CO2, wherein the CO2 is in an amount of 2 to 30% by weight in the refrigerant mixture as taught by Flohr, in order to minimize the risk of combustibility and make the refrigerant mixture having a low greenhouse potential, being non-toxic and not combustible, and as a replacement for R134a with a reasonable expectation of success, because the refrigerant mixture can consist of R152a, R13I1, and CO2 as recognized by Flohr, and when the carbon dioxide is in an amount of 2 to 30% by weight in the refrigerant mixture which consists of carbon dioxide and halogenated hydrocarbons such as R152a, the risk of combustibility is minimized as recognized by Flohr. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
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 JIAJIA JANIE CAI whose telephone number is 571-270-0951. The examiner can normally be reached Monday-Friday 8:30 am - 5:00 pm.
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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
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761
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