`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`CONF {MATION NO.
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`12/300,707
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`01/09/2009
`
`Satoshi Okuda
`
`080458
`
`1836
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`23850
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`7590
`
`10/09/2012
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`KRATZ,QUINTOS&HANSON,LLP
`1420 K Street, NW.
`4th Floor
`
`WASHINGTON, DC 20005
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`LANDEROS, IGNACIO EMMANUEL
`ART UNIT
`PAPER NUMBER
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`3785
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`MAIL DATE
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`10/09/2012
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
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`12/300,707
`
`OKU DA ET AL.
`
`Examiner
`IGNACIO E. LANDEROS
`
`Art Unit
`3785
`
`-- 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 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`In no event however may a reply be timely filed
`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).
`
`Status
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`1)IZI Responsive to communication(s) filed on 09 July 2012.
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`2a)IZ| This action is FINAL.
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`2b)I:l This action is non-final.
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`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)IZI CIaim(s)1;8is/are pending in the application.
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`5a) Of the above claim(s) _ is/are withdrawn from consideration.
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`6)I:I Claim(s) _ is/are allowed.
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`7)|Zl Claim(s)_1-8is/are rejected.
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`8)I:I Claim(s) _ is/are objected to.
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`9)I:l Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
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`11)|:| The drawing(s) filed on _ is/are: a)|:l accepted or b)I:l objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)I:I AII
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`b)I:I Some * c)|:l None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No. _
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`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) X Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) El Information Disclosure Statement(s) (PTO/SB/OS)
`Paper No(s)/Mai| Date _.
`US. Patent and Trademark Office
`
`4) D Interview Summary (PTO-413)
`Paper N°(5 )/Mai| Date. _
`5)I:I Notice of Informal Patent Application
`)6|:| Other:
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`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20120925
`
`
`
`

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`Application/Control Number: 12/300,707
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`Page 2
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`Art Unit: 3785
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`DETAILED ACTION
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`This Action is in response to the amendment filed on 07/09/2012. Claims 1-8 are
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`currently pending as amended directly or indirectly.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(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.
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`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459
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`(1966), that are applied for establishing a background for determining obviousness
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`under 35 U.S.C. 103(a) are summarized as follows:
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`99*)???“
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`Determining the scope and contents of the prior art.
`Ascertaining the differences between the prior art and the claims at issue.
`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence present in the application indicating
`obviousness or nonobviousness.
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`Claims 1-5 are rejected under 35 U.S.C. 103(a) as being unpatentable over Tamaoki et
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`al (JP 2002-333255), herein referred to as “Tamaoki”, in view of Case et al (US Pat. No.
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`3,257,820), herein referred to as “Case”, and further, in view of Yoshida et al. (US Pat.
`
`No. 5,046,328), herein referred to as “Yoshida”.
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`In regard to claims 1 and 5, Tamaoki discloses a refrigeration apparatus which
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`includes a refrigerant circuit (Para [0017], Lines 1-3) constituted of at least a
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`compressor (17) (Figure 7), and an evaporator (20) (Figure 5) and in which a storage
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`chamber (15) (Figure 6) constituted in an insulating box body (i.e. outermost walls of
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`

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`Application/Control Number: 12/300,707
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`Page 3
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`Art Unit: 3785
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`refrigerator seen in figs. 4-7) is cooled to a low temperature by the evaporator (i.e. ultra
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`low temperature) (Para [0009], Lines 5-7), a mechanical chamber (i.e. machine house
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`14) (Figure 7) which is constituted by the side of the insulating box body and in which
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`the compressor (17) (Figure 7) is installed, and an insulating structure (i.e. heat
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`insulating material 6) (Figure 6) arranged on the side wall of the insulating box body on
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`the side of the mechanical chamber (i.e. heat insulating material 6 is arranged on every
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`wall including the wall adjacent to the machine house 14) (figs. 4, 6 and 7).
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`Tamaoki fails to explicitly disclose a measurement hole to be in communication
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`with the storage chamber (15) and a deformable member for closing the measurement
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`hole around a wire of a sensor. Case discloses a cold storage container comprising a
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`mechanical chamber (14, Le. between walls 11 and 15) (Figure 1) which has a
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`measurement hole (60) communicating with the inside of the storage chamber (i.e.
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`between walls 11 and 16) being constituted in a side wall (i.e. wall 11) of the insulating
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`box body on the side of the mechanical chamber, and a deformable (i.e. any matter is
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`inherently deformable) member (i.e. ring seen around the temperature sensor (52) wire
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`(between controller 51 and temperature sensor 52) between the opening 60 and the
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`removable block 61 or removable block 61 which closes the space around the
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`temperature sensor wire) (see Figure 1) for closing the measurement hold around a
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`wire (i.e. temperature sensor wire illustrated between temperature sensor 52 and
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`controller 51) (Figure 1). Therefore it would have been obvious to one of ordinary skill in
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`the art at the time the invention was made to modify the Tamaoki mechanical chamber
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`(14) to include a measuring hole communicating with the inside of the storage chamber
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`

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`Application/Control Number: 12/300,707
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`Page 4
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`Art Unit: 3785
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`and a deformable member for closing the measurement hole around a wire of a sensor,
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`as taught by Case, in order to create a refrigerating apparatus that reduces human error
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`by controlling the temperature using temperature sensors which communicate with the
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`mechanical equipment inside of the mechanical chamber via the measurement hole, as
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`well as further insulating the storage chamber from the mechanical parts inside of the
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`mechanical chamber by providing a deformable member to close the measurement hole
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`around the wire of a sensor.
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`Tamaoki, as modified, fails to disclose a detachable partition plate which divides
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`the inside of the mechanical chamber (14), wherein the compressor (17) is installed
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`under the detachable partition plate and the measurement hole (element 60 of Case) is
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`constituted above the detachable partition plate. Yoshida, however, discloses a
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`refrigeration apparatus (see figs. A below) comprising a storage chamber (2) and a
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`machine chamber (3), wherein the machine chamber (3) includes a detachable (any two
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`bodies attached are inherently detachable) partition plate (see fig. A below), wherein a
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`compressor (16) is installed under the detachable partition plate and a measurement
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`hole (inherent feature to the temperature sensor 31 illustrated in fig. 4 and below in fig.
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`A) is constituted above the detachable partition plate (see fig. A below). Therefore it
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`would have been obvious to one of ordinary skill in the art at the time the invention was
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`made to modify the mechanical chamber (14) of Tamaoki to include a detachable
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`partition plate between the compressor (17) and the measurement hole (element 60 of
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`Case), such that the measurement hole is constituted above the compressor, as taught
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`by Yoshida, for the purpose of insulating heat generated from the compressor from
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`

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`Application/Control Number
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`12/300,707
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`Page 5
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`3785
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`influence the temperature sensed.
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`

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`Application/Control Number: 12/300,707
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`Page 6
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`Art Unit: 3785
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`Regarding claim 2, Tamaoki discloses the insulating box body (i.e. outer
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`packaging 2) (Figure 2) is formed of a composite constitution of vacuum insulating
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`panels (5) and a foam insulating material (6) (Para [0014], Lines 1-4), and the vacuum
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`insulating panels are arranged in front and rear walls of the insulating box body on a
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`side opposite to the mechanical chamber (14) (see Figure 2). Tamaoki fails to explicitly
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`disclose that there is no vacuum insulating panels arranged in a side wall of the
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`insulating box body on a side of the mechanical chamber.
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`Case teaches a refrigeration apparatus that comprises of no vacuum insulating
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`panels arranged on the side wall (i.e. internal wall 11) (Figure 1) of the insulating box
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`body on the side of the mechanical chamber (i.e. the compartment left of the internal
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`wall 11) (Figure 1). Note, Case discloses the walls of the storage chamber to be
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`insulated (Column 2, Lines 23-39), but not vacuum insulated. Therefore it would have
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`been obvious to one of ordinary skill in the art at the time the invention was made to
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`modify the Tamaoki side wall of the insulating box body on the side of the mechanical
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`chamber to not include a vacuum insulated panel, as taught by Case, in order to save in
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`manufacturing costs by having one less vacuum insulated wall. In addition, it would
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`have been obvious to one of ordinary skill in the art at the time the invention was made
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`to modify the Tamaoki side wall of the insulating box body on the side of the mechanical
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`chamber to not include a vacuum insulated panel, as taught by Case, in order to enable
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`sensor wires to be provided through the nearest wall where the mechanical components
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`are installed, since extending wires through vacuum insulated panels would only break
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`the vacuum.
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`

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`Application/Control Number: 12/300,707
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`Page 7
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`Art Unit: 3785
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`Regarding claim 3, Case discloses the mechanical chamber (i.e. between walls
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`11 and 15) (Figure 1) to be provided with an openable/closeable panel (i.e. removable
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`block 61) which covers the measurement hole (60).
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`Regarding claim 4, Case discloses a top panel (i.e. cover 21) (Figure 1) of the
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`mechanical chamber (i.e. between walls 11 and 15) to be configured to open or close,
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`and the measurement hole (60) is operable in a state in which the top panel is opened.
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`The measurement hole, which communicates with temperature sensor (52), is
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`automatic via controller (51) (See Figure 1 and Column 3, Lines 29-34). As such, the
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`measurement hole operates when the panel is opened and/or closed.
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`Claims 6 and 7 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Tamaoki, in view of Case, and in further view of Takemasa et al. (US Patent No.
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`4,788,829) herein referred to as Takemasa.
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`In regard to claims 6 and 7, Tamaoki, as modified above in claims 1 and 5,
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`discloses the claimed invention, except for the insulating structure to be constituted of a
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`heat exchanger surrounded with an insulating material, wherein the extremely low
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`temperature is lower than -100°C.
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`Takemasa discloses a refrigerating apparatus (see Figure 8) that comprises a
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`heat exchanger (i.e. cascade condenser 25A or evaporator 47) (Figure 5) included in
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`the refrigerant circuit (i.e. refrigerant circuit seen in Figure 6), wherein an insulating
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`structure (90 or 86) (Figures 5 and 8) arranged on the side wall of the refrigerating
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`

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`Application/Control Number: 12/300,707
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`Page 8
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`Art Unit: 3785
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`apparatus mechanical chamber (78) (Figure 8) is constituted of the heat exchanger
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`(25A or 47) surrounded with an insulating material (i.e. heat insulator 90 or 86) (col. 11,
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`lines 32-35). Takemasa also discloses the refrigerating apparatus to get to an extremely
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`low temperature that is lower than -100°C (i.e. -140°C) (Column 10, Line 30). Therefore
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`it would have been obvious to one of ordinary skill in the art at the time the invention
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`was made to modify the Tamaoki insulating structure arranged on the side wall of the
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`mechanical chamber to include a heat exchanger that is surrounded by the insulating
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`material and wherein the apparatus reaches a low temperature that is lower than -
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`100°C, as taught by Takemasa, in order to insulate the heat exchanger from heat given
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`off by the mechanical chamber, as well as advantageously reaching alow temperature
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`that is lower than -100°to ensure that items that must be stored at extremely low
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`temperatures are SO preserved.
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`Claim 8 is rejected under 35 U.S.C. 103(a) as being unpatentable over Tamaoki,
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`in view of Case, and in further view of Kotwicki (US 2004/0101031).
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`In regards to claim 8, Tamaoki, as modified above in claim 1, discloses the claimed
`
`invention, except for the member for closing the measurement hole to be substantially a
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`sponge-like deformable plug having insulating properties.
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`Kotwicki teaches that a measurement hole (i.e. through hole provided at wall
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`12a, wherein the temperature sensing elements extend through) (Figure 2) may
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`comprise a temperature sensor (i.e. temperature sensing element 24) (Figure 3) and a
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`

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`Application/Control Number: 12/300,707
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`Page 9
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`Art Unit: 3785
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`substantially sponge-like deformable plug (i.e. o-ring 19) (Figure 2) having insulating
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`properties (i.e. every material inherently has insulating properties to some extent), which
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`can deform around an extension of the temperature sensor (i.e. o-ring 19 provides an
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`air-tight seal, meaning that it deforms around the temperature sensor since there cannot
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`be any space between the o-ring and the temperature sensor or any other structure
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`surrounding the o-ring. Thus, the o-ring deforms like a sponge, around the temperature
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`sensor wire) (Para [0014], Lines 9-12). Therefore it would have been obvious to one of
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`ordinary skill in the art at the time the invention was made to modify the Tamaoki
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`deformable member be a substantially sponge-like (i.e. any deformable material)
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`deformable plug having insulating properties, as taught by Kotwicki, in order to
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`electronically control the temperature inside of the storage chamber while still
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`maintaining an air tight seal.
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`Response to Arguments
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`Applicant’s arguments with respect to claims 1 and 5 have been considered but
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`are moot in view of the new grounds of rejection.
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`Note, the amended claims overcome the previous rejection under 35 U.S.C. 112,
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`second paragraph.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`

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`Application/Control Number: 12/300,707
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`Page 10
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`Art Unit: 3785
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to IGNACIO E. LANDEROS whose telephone number is
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`(571 )270-1 875. The examiner can normally be reached on Monday-Friday from 9am-
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`5pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Judy Swann can be reached on (571) 272-7075. The fax phone number for
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`the organization where this application or proceeding is assigned is 571 -273-
`
`8300.Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published
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`applications may be obtained from either Private PAIR or Public PAIR. Status
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`information for unpublished applications is available through Private PAIR only. For
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`more information about the PAIR system, see http://pair-direct.uspto.gov. Should you
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`

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`Application/Control Number: 12/300,707
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`Page 11
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`Art Unit: 3785
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`have questions on access to the Private PAIR system, contact the Electronic Business
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`Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO
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`Customer Service Representative or access to the automated information system, call
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`800-786-9199 (IN USA OR CANADA) or 571 -272—1 000.
`
`/|. E. L./
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`Examiner, Art Unit 3785
`
`/CHERYL J. TYLER/
`
`Supervisory Patent Examiner, Art
`Unit 3744
`
`