`
`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
`wwwusptogov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`12/835,568
`
`07/13/2010
`
`Susumu Kobayashi
`
`092122—0013
`
`1526
`
`.
`EXAMINER
`McDmnwmandEmeryLLp —
`04”“20” —
`7590
`53080
`The McDermott Building
`ZERPHEY, CHRISTOPHER R
`BER
`500 North Capitol Street, NW.
`ART UNIT
`PAPER
`WASHINGTON, DC20001——UM
`3744
`
`
`
`
`
`04/1 1/2014
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`mweipdocket @ mwe.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 12/835,568 KOBAYASHI ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`3744CHRISTOPHER R. ZERPHEY [SENS
`-- 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)IZI Responsive to communication(s) filed on 1/24/2014.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| 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
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`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| 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.
`
`Disposition of Claims*
`
`5)IZI CIaim(s)1is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_1is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* 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
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`
`
`
`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l 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:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| 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 (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 11/6/2013.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20140403
`
`

`

`Application/Control Number: 12/835,568
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`Page 2
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`Art Unit: 3744
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`DETAILED ACTION
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`1.
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`The present application is being examined under the pre-AIA first
`
`to invent
`
`provisions.
`
`Response to Amendment
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`2.
`
`The amendment received 1/24/2014 has been entered. Claims 2-5 are cancelled.
`
`Claims 6-15, of the proposed amendment dated 11/6/2013, were not entered as per
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`MPEP 821.03. Only claim 1 remains pending and is addressed below.
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`Claim Rejections - 35 USC § 103
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`3.
`
`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.
`
`4.
`
`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
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`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.
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`4. Considering objective
`
`evidence present
`
`in
`
`the
`
`application
`
`indicating
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`obviousness or nonobviousness.
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`5.
`
`Claim 1
`
`is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
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`Yuzawa (US 2006/0123805) in view of Lieberman (US 3,733,845).
`
`

`

`Application/Control Number: 12/835,568
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`Page 3
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`Art Unit: 3744
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`a.
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`Regarding
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`claim 1, Yuzawa discloses
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`a
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`refrigerating
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`apparatus
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`comprising: a refrigerating cycle including a compressor (1 O), a condenser (23), a
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`flow divider (33), a first heat exchanger (42), a second heat exchanger (44), a
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`decompressing device (46) and an evaporator (47), connected circularly with a
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`refrigerant piping (see figure 1),
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`the refrigerant cycle having sealed therein a
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`mixed refrigerant obtained by mixing at
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`least first
`
`to third refrigerants (first
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`refrigerant is R508A, second is R14, and third being R50/R740) with different
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`evaporation temperatures (p0028),
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`the first heat exchanger (42) and the second heat exchanger (44) each
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`including a double pipe to form a first flow passage in an inner pipe of the double
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`pipe, a second flow passage in an outer pipe of the double pipe, and an
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`intermediate port in a piping connecting between the second flow passage of the
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`first heat exchanger and the second flow passage of the second heat exchanger
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`(see annotated image below),
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`a high temperature and high pressure refrigerant discharged from the
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`compressor (1 0) being cooled by the condenser (23) to liquefy the first refrigerant
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`having a high evaporation temperature into a liquid refrigerant (p0035,
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`last 2
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`lines), and thereafter,
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`the liquid refrigerant obtained by dividing a refrigerant in the flow divider
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`being decompressed (through capillary 40), and thereafter supplied
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`to the
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`second flow passage of the first heat exchanger (42; p0038,
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`it should be noted
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`that R508A partially condenses in condenser pipe 23 and the remainder
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`

`

`Application/Control Number: 12/835,568
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`Page 4
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`Art Unit: 3744
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`condenses within HX 32), evaporated toward one port of
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`the second flow
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`passage, and supplied to a sucking side of the compressor (through line 108) via
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`the one port of the second flow passage of the first heat exchanger (42, one port
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`labeled in annotated image below),
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`a gas-state refrigerant obtained by dividing a refrigerant in the flow divider
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`(33) being supplied to the first flow passage of the first heat exchanger (42;
`
`p0038), and thereafter passing through the first flow passage to liquefy the
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`second refrigerant (R14; pOO38,
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`last 4 lines) with an evaporation temperature
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`lower than the evaporation temperature of the first refrigerant, and thereafter
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`passing through the first flow passage of the second heat exchanger (44) to
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`liquefy the third
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`refrigerant
`
`(R50/R740;
`
`pOO40),
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`and thereafter, via the
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`decompressing device (46), passing through the evaporator (47) to evaporate the
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`second and third refrigerants (pOO40), and thereafter passing through the second
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`flow passage of the second heat exchanger (44) and the second flow passage of
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`the first heat exchanger (42), and thereafter departing from the other port of the
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`second flow passage of the first heat exchanger via the one port and arriving at
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`the sucking side of the compressor (pOO42), and thereby
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`a refrigerant in the first flow passage of the first heat exchanger and the
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`second heat exchanger and a refrigerant in the second flow passage of the first
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`heat exchanger and the second heat exchanger having a countercurrent
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`relationship, and having a temperature relationship in a manner
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`that
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`the
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`refrigerant flowing through the second flow passage cools the refrigerant flowing
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`

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`Application/Control Number: 12/835,568
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`Page 5
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`Art Unit: 3744
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`through the first flow passage (p0037-OO41 discusses that the refrigerant in the
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`outer pipe is evaporating and thus cools the condensing refrigerant in the inner
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`pipe; the countercurrent relationship is indicated by flow arrows in figure 1),
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`wherein a part of the third refrigerant (R50/R740) is evaporated in the
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`second flow passage of the second heat exchanger (44; although not explicitly
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`stated a portion of the refrigerant is required to evaporate within the outer pipe of
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`hx 44 in order to condense the refrigerant within the inner pipe of hx 44), and
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`the decompressing device (46) includes a capillary tube (see figure 1).
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`b.
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`Yuzawa lacks supplying flow through the decompressor 40 directly to the
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`intermediate port. However it is old and well known that providing countercurrent
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`flow across an entire length of the exchanger is beneficial
`
`to heat transfer.
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`Therefore it would have been obvious to one of skill
`
`in the art to connect the
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`refrigerant line (through 40) directly to the intermediate port (see image below) in
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`order to increase the length of travel of the refrigerant within the outer pipe of
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`heat exchanger 42.
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`c.
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`Yuzawa discloses the decompressing device (46) includes a capillary tube
`
`(see figure 1), but
`
`lacks that
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`the capillary tube is wound around piping.
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`Lieberman discloses that it is old and well known to wind capillary tubes around
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`refrigerant return lines (see figure 2).
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`It would have been obvious to a person
`
`having ordinary skill
`
`in the art at the time of the invention to have wound the
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`capillary tube (46) of Yuzawa about the piping extending from evaporator 47 to
`
`

`

`Application/Control Number: 12/835,568
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`Page 6
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`Art Unit: 3744
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`heat exchanger 44 as taught by Lieberman in order to induce an additional
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`cooling effect (col 6, lines 36-40).
`
`
`
`Outer intermediate
`page
`my;
`
`
`
`
`inner
`:
`9 p9
`
`Clutter
`pit-”’5
`
`6.
`
`Applicant's arguments filed 1/24/2014 have been fully considered but they are
`
`Response to Arguments
`
`not persuasive.
`
`7.
`
`Regarding the “Substance of Interview” section. The limitations within currently
`
`pending claim 1 were not discussed in the interview held on 10/29/2013. See interview
`
`summary mailed 11/4/2013.
`
`

`

`Application/Control Number: 12/835,568
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`Page 7
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`Art Unit: 3744
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`8.
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`Regarding the new IDS: the documents listed on the IDS document (received
`
`11/6/2013) have been considered, an initialed copy of the form has been included in this
`
`letter.
`
`9.
`
`Regarding the section “Patentability under 35 USC § 103(a).” Applicant's
`
`arguments fail
`
`to comply with 37 CFR1.111(b) because they amount to a general
`
`allegation that the claims define a patentable invention without specifically pointing out
`
`how the language of the claims patentably distinguishes them from the references.
`
`Conclusion
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`10.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure. Matsushima et al
`
`(US 5,694,779) multi-coil non-azeotrope
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`refrigerator; Park (US 6,622,518).
`
`11.
`
`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
`
`CFR1.136(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
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`

`

`Application/Control Number: 12/835,568
`
`Page 8
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`Art Unit: 3744
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`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHRISTOPHER R. ZERPHEY whose telephone
`
`number is (571)272-5965. The examiner can normally be reached on Monday-Friday,
`
`alt Friday 7:30-5:00 EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Judy Swann can be reached on 5712727075. The fax phone number for
`
`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 applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
`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.
`
`/C. R. Z./
`
`Examiner, Art Unit 3744
`/J. J. Swann/
`
`Supervisory Patent Examiner, Art Unit 3744
`
`