Doc Code: AP.PRE.REQ
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`PTO/SB/33 (07.09)
`Approved for use through 07/31/2012. OMB 0651—0031
`US Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
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`Docket Number (Optional)
`
`PRE—APPEAL BRIEF REQUEST FOR REVIEW
`080458
`
`
`I hereby certify that this correspondence is being deposited with the
`United States Postal Service with sufficient postage as first class mail
`in an envelope addressed to “Mail Stop AF, Commissioner for
`12,300'707
`Patents, PO. Box 1450, Alexandria, VA 22313-1450" [37 CFR 1.8(a)]
`onW First Named Inventor
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`Application Number
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`Signature
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`OKUDA, Satoshi
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`name
`Typedb
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`Filed
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`January 9’ 2009
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`Examiner
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`LANDEROS, Ignacio
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`Applicant requests review of the final rejection in the above-identified application. No amendments are being filed
`with this request.
`
`
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`This request is being filed with a notice of appeal.
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`The review is requested for the reason(s) stated on the attached sheet( ).
`Note: No more than five (5) pages may be provided.
`
`I am the
`applicant/inventor.
`
`assignee of record of the entire interest.
`See 37 CFR 3.71. Statement under 37 CFR 3.73(b) is enclosed.
`(Form PTO/SB/QG)
`
`attorney or agent of record.
`Registration number
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`37,806
`
`E
`
`Darren Crew
`
`202-659-2930
`
`&
`Signature
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`Typed or printed name
`
`Telephone number
`
`April 23’ 2014
`attorney or agent acting under 37 CFR 1.34.
`Registration number if acting under 37 CFR 1.34W Date
`
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`

`

`US. Patent Application Serial No. 12/300,707
`Supplemental Pages to Pre—Appeal Brief Request for Review
`Filed April 23, 2014
`
`REASONS FOR PRE-APPEAL REQUEST FOR REVIEW
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`Applicant herein provides a succinct, concise and focused set of arguments of the reasons
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`for which the review is being requested. Applicant respectfully submits that the arguments point
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`out clear errors in the Examiner's rejection, or the Examiner's omission(s) of one or more
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`essential elements needed for a primafacie rejection.
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`Claims 9-17 are rejected under 35 U.S.C. 1031a) as being unpatentable over JP 2002-
`
`333255 Tamaoki
`
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`in view of US. Patent No. 3 257 820 Case and US. Patent Publication No.
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`
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`2003/0147216 (Patel). tOffice Action dated January 31: 20141 page 2)
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`In the final Office Action, on page 4, the Examiner asserts:
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`“
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`the plug (61) [of Case] is configured to be inserted into and removed from the
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`measurement hole (60) in a state wherein the door is closed and the panel is open (ie. the plug
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`can be inserted or removed from the measurement hole while any door or panel is open or
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`closed, inherently.” (Emphasis added).
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`Applicants respectfully do not agree with the Examiner’s assertion.
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`Applicants
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`respectfully submit that the Examiner’s assertion has a clear error in reasoning.
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`In the Case reference, there is disclosed a box-like receptacle 10, a larger compartment,
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`an internal wall 11, a smaller compartment, a cover 20, and a cover 21 (Figure 1; column 2 at
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`lines 5-8 and 17—22). The internal wall 11 divides the receptacle 10 into the larger compartment
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`and the smaller compartment. The cover 20 removably fits over and encloses the larger
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`compartment. The cover 21 removably fits over and encloses the smaller compartment.
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`Case discloses the following: “For ease of replacing the control unit which normally has
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`the sensor attached, an opening 60 through the inner wall 11 may be arranged with a removable
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`block 61” (column 3 at lines 34—37). Case also discloses the following: “The block is readily
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`1
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`

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`US. Patent Application Serial No. 12/300,707
`Supplemental Pages to Pre-Appeal Brief Request for Review
`Filed April 23, 2014
`
`removed when the cover 20 is open and the sensor may be lifted out with the control unit”
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`(column 3 at lines 37—39). (Emphasis added).
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`The Examiner has suggested that the removable block 61 of Case corresponds to the
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`“plug” as recited in claim 9. The Examiner has suggested that the opening 60 of Case
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`corresponds to the “measurement hole” as recited in claim 9.
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`It is clear that in Case, the block 61 is located under a cover (see Figure 1 of Case, for
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`example). This indicates that it is not possible for the block 61 to be removed when the cover
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`is closed, because the cover prevents the removal of the block 61.
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`According to the principles of the subject application, the insulating door 13 of the
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`subject application remains closed and the extremely low temperature of the storage chamber 4
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`is preserved when a plug 19A is inserted into or removed from a measurement hole 19, because
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`only panel 5 is opened to gain access to the upper mechanical chamber 18 having the
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`measurement hole 19 and plug 19A (see Figures 1, 2, and 5 of the subject application).
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`Based on aspects of the plug 19A and other features disclosed by the subject application,
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`the subject application provides advantages and unpredictable benefits in that a measuring
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`instrument can be inserted into a storage chamber 4 through a measurement hole 19 without
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`opening the insulating door 13, wherein the measurement hole 19 is formed in a side surface of
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`an insulating box body 2 and positioned in the upper mechanical chamber 18. This can facilitate
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`an operation of installing the measuring instrument
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`in the storage chamber 4 cooled to a
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`predetermined extremely low temperature.
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`Contrary to the principles disclosed in the subject application, Case is directed to (a)
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`opening a cover for (b) ease of replacing a control unit which normally has a sensor attached
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`(column 3, at lines 34—39). Case is not directed to facilitating an operation of installing a
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`

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`US. Patent Application Serial No. 12/300,707
`Supplemental Pages to Pre-Appeal Brief Request for Review
`Filed April 23, 2014
`
`measuring instrument
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`in a storage chamber 4 cooled to a predetermined extremely low
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`temperature, Without opening a cover.
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`The Examiner has not relied upon Tamaoki or Patel in order to remedy the above—
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`discussed deficiencies of Case.
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`The Examiner has failed to establish a prima facie case of obviousness, because the
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`Examiner has failed to show how Tamaoki, Case, and Patel, alone or in combination, could
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`describe, teach, or suggest the features recited in claim 9 including at least the following
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`features: “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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`The Examiner has failed to establish a prima facie case of obviousness, because the
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`Examiner has failed to show how Tamaoki, Case, and Patel, alone or in combination, could
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`describe, teach, or suggest the features recited in claim 13 including at least the following
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`features: “wherein the plug is configured to be inserted into and removed from the measurement
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`hole, through the upper mechanical chamber, in a state wherein the door is closed and the panel
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`is open.”
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`Therefore, the Examiner has failed to provide a suggestion in the prior art for the above—
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`discussed claim limitations, regarding claims 9 and 13.
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`Withdrawal of the rejection of claims 9 and 13 is therefore respectfully requested.
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`Claims 11 and 12 depend from claim 9. Claims 16 and 17 depend from claim 13.
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`Withdrawal of the rejection of claims 11, l2, l6, and 17 is therefore respectfully requested, by
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`Virtue of their dependency.
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`