`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`12/300,707
`
`01/09/2009
`
`SatOShi Okuda
`
`080458
`
`1836
`
`23850
`7590
`03/19/2015
`KRATZ, QUINTOS & HANSON, LLP —
`1420 K Street, N.W.
`KING, BRIAN M
`4th Floor
`
`WASHINGTON, DC 20005
`
`3744
`
`MAIL DATE
`
`03/19/2015
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL—90A (Rev. 04/07)
`
`
`
`
`
`Applicant(s)
`Application No.
` 12/300,707 OKU DA ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`BRIAN KING first“ 3744
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 12/8/2014.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`a)IXl This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)|XI Claim(s) 9-_17is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| CIaim(s)_9-17is/are rejected.
`8)I:I Claim(s)_ is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`://www.usoto. ov/ atents/init events"
`h/index.‘s orsend an inquiry to PRI-Ifeedback{<‘buspto.qov.
`
`htt
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)|:l All
`1.|:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PT0_413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D InformatIon DIscIosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20150311
`
`
`
`Application/Control Number: 12/300,707
`
`Art Unit: 3744
`
`Page 2
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`The present application is being examined under the pre-AIA first to invent provisions.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966),
`
`that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C.
`
`103(a) 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
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`nonobviousness.
`
`Claims 9-17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tamaoki et
`
`al (EP 0911591, herein referred to as “Tamaoki”), in view of Case et al. (US Pat. No. 3,257,820, herein
`
`referred to as “Case”), in view of Patel et al. (US Pub. No. 2003/0147216, herein referred to as “Patel”),
`
`and further, in view of Peterson (US Pat. No. 3,055,972).
`
`Regarding claim 9, Tamaoki discloses a refrigeration apparatus comprising:
`
`a refrigerant circuit (Para [0017], Lines 1-3) comprising at least a compressor (17) (Figure 7), and
`
`an evaporator (20) (Fig. 5);
`
`an insulating box body (i.e. outermost walls of refrigerator seen in figs. 4-7) having a storage
`
`chamber (15) (Fig.
`
`6) cooled to a low temperature by the evaporator (i.e. ultra low temperature) (Para
`
`[0009], Lines 57);
`
`
`
`Application/Control Number: 12/300,707
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`Art Unit: 3744
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`Page 3
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`a door (8) (fig. 4) openably closing an opening of the storage chamber (implicit); and
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`a mechanical chamber (i.e. machine house 14) (Fig. 7) which is constituted by the side of the
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`insulating box body, and in which the compressor (17) (Fig. 7) is installed.
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`Tamaoki fails to explicitly disclose a panel openably closing an opening of the mechanical
`
`chamber (14), and a measurement hole to be in communication with the storage chamber (15).
`
`Case, however, discloses a cold storage container comprising a mechanical chamber (chamber
`
`between walls 11 and 15 is analogous to Tamaoki’s mechanical chamber because it is a chamber that
`
`encloses the equipment used to generate refrigeration/cooling for the storage compartment; see Case
`
`col. 3,
`
`lns. 5-11 & fig. 1)
`
`that includes a panel
`
`(21)
`
`(fig. 1) which openably closes an opening (top
`
`opening) of the mechanical chamber, a measurement hole (60) (fig. 1) communicating with the inside of
`
`the storage chamber (i.e. between walls 11 and 16), wherein the measurement hole (60) is in a side wall
`
`(wall 11) (fig. 1) of an insulating box body (10) (fig. 1) on a side of the mechanical chamber. Additionally,
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`Case discloses a door (20) that opens/closes the storage chamber (i.e. larger compartment beside the
`
`mechanical chamber) (see fig. 1).
`
`Therefore it would have been obvious to one of ordinary skill
`
`in the art at the time the invention
`
`was made to modify the Tamaoki mechanical chamber (14) to include a measuring hole communicating
`
`with the inside of the storage chamber, as taught by Case, in order to create a refrigerating apparatus that
`
`reduces human error by controlling the temperature using temperature sensors which communicate with
`
`the mechanical equipment inside of the mechanical chamber via the measurement hole.
`
`Tamaoki, as modified, fails to disclose that the mechanical chamber (14) is divided into a lower
`
`and an upper mechanical chamber, wherein the compressor is installed in the lower mechanical chamber
`
`wherein the lower mechanical chamber and the upper mechanical chamber are separate enclosures
`
`when the panel
`
`is closed. However, Tamaoki does teach that the compressor is installed in a lower
`
`portion of the mechanical chamber.
`
`Patel, however, discloses a chamber, that includes an upper chamber and a lower chamber
`
`(divided by shelf 22 — see fig. 1), wherein the mechanical equipment (such as 18b, 12b) is installed in the
`
`lower chamber.
`
`
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`Application/Control Number: 12/300,707
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`Art Unit: 3744
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`Page 4
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`Therefore, it would have been obvious to a person having ordinary skill in the art at the time the
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`invention was made to divide the mechanical chamber (14) of Tamaoki to comprise an upper and lower
`
`mechanical chamber wherein the lower mechanical chamber and the upper mechanical chamber are
`
`separate enclosures when the panel is closed, wherein the compressor (analogous to the mechanical
`
`equipment 18b, 12b of Patel) is installed in the lower mechanical chamber, as taught by Patel, for the
`
`purpose of providing support (as taught by shelf 22 of Patel
`
`- see fig. 1)
`
`for the computer/controls
`
`equipment (i.e. computer equipment seen on the upper half of the machine chamber in fig. 4 of Tamaoki).
`
`Tamaoki, as modified, fails to disclose a plug for closing the measurement hole in a temperature
`
`insulating manner, wherein the plug is configured to be inserted into and removed from the measurement
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`hole in a state wherein the door is closed and the panel is open.
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`Peterson (see fig. 1), however, teaches a plug (15) that is used to cover a hole (3) of a partition
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`(4). Peterson teaches that the plug (15) covers a hole used as a run for an insulated (19) electric cable
`
`(16).
`
`It is worth noting that the plug of Peterson is removable in a parallel direction to the electric cable
`
`(16) via mating threads between a counter bore (9) and a sleeve (14). Therefore,
`
`it would have been
`
`obvious to a person having ordinary skill
`
`in the art at the time the invention was made to modify the
`
`measuring hole (60) of Tamaoki (as modified by Case) to include a plug removable in a parallel direction
`
`to the electrical cable's direction, as taught by Peterson, for the purpose of providing "an improved
`
`packing and sealing for electric cables where they are subject to substantial variations in temperature,
`
`which when adjusted and assembled will effect a fluid tight engagement with a housing or casing and a
`
`cable periphery, and prevent leakage or movement of moisture along the cable (see col. 1, lines 41 -52).
`
`The modification of Peterson results in that the plug is configured to be inserted and removed from the
`
`measurement hole in a state wherein the door is closed and the panel is open since the plug of Peterson
`
`is removable in a direction parallel to the direction in which the electrical cable extends, and hence the
`
`plug of Peterson may be removed/inserted in a state when the door is closed (door of the storage
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`chamber, for example door 20 of Case - see fig. 1) and the panel (pane of mechanical chamber, for
`
`example panel 21 of Case - see fig. 1) is open.
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`
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`Application/Control Number: 12/300,707
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`Art Unit: 3744
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`Page 5
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`Regarding claims 10 and 13, Tamaoki discloses a refrigeration apparatus comprising:
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`a high-temperature-side refrigerant circuit and a low-temperature-side refrigerant circuit (see
`
`abstract; low temperature circuit and high temperature circuit) each comprising at least an independent
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`refrigerant closed circuit (implied from compressors 17, 18) (fig. 2) in which a refrigerant discharged from
`
`a compressor is condensed and then evaporated to exert a cooling function (implied from a vapor-
`
`compression system), an evaporator of the high-temperature-side refrigerant circuit and a condenser of
`
`the low-temperature-side refrigerant circuit constituting a cascade heat exchanger (i.e. an implied feature
`
`stated as cascade-connecting, see Abstract), an evaporator of the low-temperature-side refrigerant circuit
`
`being configured to cool a storage chamber (inside of freezer 1) constituted in an insulated box body (1)
`
`(fig. 2) to a low temperature (Abstract; ultra/ow—temperature),
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`the refrigeration apparatus further comprising:
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`a door (8) (fig. 4) openably closing an opening of the storage chamber; and
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`a mechanical chamber (14) (fig. 2) which is abutting a side (i.e. element 14 as seen in fig. 2 below
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`the storage body or as alternatively seen in a horizontal orientation in figs. 4, 5 and 8) of the insulating
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`box body (1) and in which the compressor (17, 18) is installed.
`
`Tamaoki fails to disclose a panel openably closing an opening of the mechanical chamber (14), a
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`measurement hole penetrating through a side wall of the insulating box body and communicating with an
`
`inside of the storage chamber (inside of element 1) on the side wall of the insulating box body (1) on a
`
`side of the mechanical chamber (14).
`
`Case, however, discloses a cold storage container comprising a mechanical chamber (chamber
`
`between walls 11 and 15 is analogous to Tamaoki’s mechanical chamber because it is a chamber that
`
`encloses the equipment used to generate refrigeration/cooling for the storage compartment; see Case
`
`col. 3,
`
`lns. 5-11 & fig. 1)
`
`that includes a panel
`
`(21)
`
`(fig. 1) which openably closes an opening (top
`
`opening) of the mechanical chamber, a measurement hole (hole in which conduit [connecting elements
`
`51 and 52 together] extends through) (fig. 1) communicating with the inside of the storage chamber (i.e.
`
`between walls 11 and 16), wherein the measurement hole is in a side wall
`
`(wall 11)
`
`(fig. 1) of an
`
`
`
`Application/Control Number: 12/300,707
`
`Art Unit: 3744
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`Page 6
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`insulating box body (20) (fig. 1) on a side of the mechanical chamber, a plug (61) (fig. 1) which closes the
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`measurement hole (col. 3, lns. 35-41) in an insulating manner, a detachable partition plate (ring 60) which
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`divides an inside of the mechanical chamber into upper and lower chambers (i.e. anything above the
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`insulation body side of ring 60 is the upper chamber portion and anything below the bottom of ring 60 is
`
`the lower chamber), wherein the measurement hole is constituted at the upper chamber (above ring 60)
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`above the detachable partition plate (ring 60), wherein the panel (21)
`
`is disposed above the upper
`
`chamber (as noted above), wherein the opening of the mechanical chamber (opening of door panel 21)
`
`corresponds to an opening of
`
`the upper chamber. Additionally, Case discloses a door
`
`(20)
`
`that
`
`opens/closes the storage chamber (see fig. 1).
`
`Therefore it would have been obvious to one of ordinary skill
`
`in the art at the time the invention
`
`was made to modify the Tamaoki mechanical chamber (14)
`
`to include a panel, a measuring hole
`
`communicating with the inside of the storage chamber and a plug for closing the measurement hole, as
`
`taught by Case, in order to create a refrigerating apparatus that reduces human error by controlling the
`
`temperature using temperature sensors which communicate with the mechanical equipment inside of the
`
`mechanical chamber via the measurement hole.
`
`Tamaoki, as modified, fails to disclose that the mechanical chamber (14) is divided into a lower
`
`and an upper mechanical chamber, wherein the compressor is installed in the lower mechanical chamber
`
`wherein the lower mechanical chamber and the upper mechanical chamber are separate enclosures
`
`when the panel
`
`is closed. However, Tamaoki does teach that the compressor is installed in a lower
`
`portion of the mechanical chamber.
`
`Patel, however, discloses a chamber, that includes an upper chamber and a lower chamber
`
`(divided by shelf 22 — see fig. 1), wherein the mechanical equipment (such as 18b, 12b) is installed in the
`
`lower chamber.
`
`Therefore, it would have been obvious to a person having ordinary skill
`
`in the art at the time the
`
`invention was made to divide the mechanical chamber (14) of Tamaoki to comprise an upper and lower
`
`mechanical chamber wherein the lower mechanical chamber and the upper mechanical chamber are
`
`separate enclosures when the panel is closed, wherein the compressor (analogous to the mechanical
`
`
`
`Application/Control Number: 12/300,707
`
`Art Unit: 3744
`
`Page 7
`
`equipment 18b, 12b of Patel) is installed in the lower mechanical chamber, as taught by Patel, for the
`
`purpose of providing support (as taught by shelf 22 of Patel
`
`- see fig. 1)
`
`for the computer/controls
`
`equipment (i.e. computer equipment seen on the upper half of the machine chamber in fig. 4 of Tamaoki).
`
`Tamaoki, as modified, fails to disclose a plug for closing the measurement hole in a temperature
`
`insulating manner, wherein the plug is configured to be inserted into and removed from the measurement
`
`hole in a state wherein the door is closed and the panel is open.
`
`Peterson (see fig. 1), however, teaches a plug (15) that is used to cover a hole (3) of a partition
`
`(4). Peterson teaches that the plug (15) covers a hole used as a run for an insulated (19) electric cable
`
`(16).
`
`It is worth noting that the plug of Peterson is removable in a parallel direction to the electric cable
`
`(16) via mating threads between a counter bore (9) and a sleeve (14). Therefore,
`
`it would have been
`
`obvious to a person having ordinary skill
`
`in the art at the time the invention was made to modify the
`
`measuring hole (60) of Tamaoki (as modified by Case) to include a plug closing the measurement hole in
`
`a temperature insulating manner removable in a parallel direction to the electrical cable's direction, as
`
`taught by Peterson, for the purpose of providing "an improved packing and sealing for electric cables
`
`where they are subject to substantial variations in temperature, which when adjusted and assembled will
`
`effect a fluid tight engagement with a housing or casing and a cable periphery, and prevent leakage or
`
`movement of moisture along the cable (see col. 1, lines 41 -52). The modification of Peterson results in
`
`that the plug is configured to be inserted and removed from the measurement hole in a state wherein the
`
`door is closed and the panel is open since the plug of Peterson is removable in a direction parallel to the
`
`direction in which the electrical cable extends, and hence the plug of Peterson may be removed/inserted
`
`in a state when the door is closed (door of the storage chamber, for example door 20 of Case - see fig. 1)
`
`and the panel (pane of mechanical chamber, for example panel 21 of Case - see fig. 1) is open.
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`Regarding claims 11, 14 and 16, Tamaoki discloses the insulating box body is formed of
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`composite constitution of vacuum insulating panels (5) (fig. 2) and a foam insulating material (6) (fig. 2).
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`Regarding claims 12, 15 and 17, Tamaoki, as modified above, discloses the claimed invention,
`
`including that the insulating box body is formed of composite constitution of vacuum insulating panels (5)
`
`(fig. 2) and a foam insulating material (6) (fig. 2), and that the vacuum insulating panels (5) are arranged
`
`
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`Application/Control Number: 12/300,707
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`Art Unit: 3744
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`Page 8
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`in a front, rear and side walls of the insulating box body (see fig. 2). Tamaoki fails to disclose that the
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`vacuum insulating panels (5) are comprised in each wall other than the side wall of the insulating box
`
`body on the side of the mechanical chamber.
`
`Case, however, discloses that
`
`its insulating box body (10) (see fig. 1)
`
`is formed with foam
`
`insulating material
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`in all of its walls including the wall of the insulating box body on the side of the
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`mechanical chamber (between walls 11 and 16) with no vacuum insulating panels (col. 2, lns. 23-39), i.e.,
`
`the all of the container is made of various disclosed foam insulating materials, none of which are vacuum
`
`insulated panels. Therefore it would have been obvious to a person having ordinary skill in the art at the
`
`time the invention was made to modify the side wall of the insulating box body on the side of the
`
`mechanical chamber (wall adjacent to mechanical chamber 14) of Tamaoki to not include a vacuum
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`insulated panel, as taught by Case, for the purpose of saving in manufacturing costs by minimizing the
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`number of walls having vacuum insulated panels. The modification results in that all of the insulating box
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`body walls of Tamaoki comprise both vacuum insulating panels and foam insulating material, except for
`
`the wall abutting the mechanical chamber - which would only comprise foam insulating material. Vacuum
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`panels in said wall adjacent to the mechanical chamber would require all mechanical and electrical
`
`connections to equipment of the mechanical chamber to be routed around the vacuum insulating panels
`
`or complex seals throughout said vacuum insulating panel enabling the connection to be fed through the
`
`panels. Thus the modification is advantageous in that the construction of the insulating box body would
`
`be reduced in complexity since connections can be fed right through a foam insulating material without
`
`any complex seals. It would still, however, be advantageous to maintain vacuum insulating panels in the
`
`remaining walls for the purpose of providing the insulating box body with superior insulating properties.
`
`Response to Arguments
`
`Applicant's arguments filed 12/8/2014 have been fully considered but they are not persuasive.
`
`Applicant argues page 8, paragraph 3, that Patel does not teach the upper and lower chamber of the
`
`mechanical chamber being in a separate enclosure. However, the term enclosure is not a limiting term
`
`but has a broad definition where although not enclosing the upper and lower chamber from a fluid
`
`perspective, as they partition plate separates the two chambers structurally, they encompass separate
`
`
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`Application/Control Number: 12/300,707
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`Art Unit: 3744
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`Page 9
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`enclosures. Applicant argues that they are not substantially separate, however, the claim require them to
`
`be separate enclosures only, and as such the lower and upper chamber separated by the plate are
`
`separate enclosures.
`
`In response to applicant's argument, claim 9, that the plug closing the measuring hole does not plug for
`
`temperatures insulating purposes or to be interested into and removed from the measurement hole in a
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`state wherein the door is closed and the panel is open, a recitation of the intended use of the claimed
`
`invention must result in a structural difference between the claimed invention and the prior art in order to
`
`patentably distinguish the claimed invention from the prior art.
`
`If the prior art structure is capable of
`
`performing the intended use, then it meets the claim. As the plug closes the measurement hole and is
`
`capable of being removed and inserted, it would inherently insulate in aa temperature panel and be able
`
`to be removed. The same can be said for claims 10 and 13 as well.
`
`Conclusion
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
`
`In the event a first reply is filed within TWO MONTHS of the mailing date
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`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 extension fee 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 BRIAN KING whose telephone number is (571)272-2816. The examiner can normally be
`
`reached on Monday - Friday 830-5.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Frantz Jules can be reached on 5712726681. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571 -273-8300.
`
`
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`Application/Control Number: 12/300,707
`
`Art Unit: 3744
`
`Page 10
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`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained from
`
`either Private PAIR or Public PAIR. Status information for unpublished applications is available through
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`Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC)
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`If you would like assistance from a USPTO Customer Service Representative
`
`or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-
`
`1000.
`
`/B.K./3/11/2015
`
`Examiner, Art Unit 3744
`
`/FRANTZ JULES/
`
`Supervisory Patent Examiner, Art Unit 3744
`
`