`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONF {MATION NO.
`
`12/909,581
`
`10/21/2010
`
`Susumu Kobayashi
`
`101178
`
`6191
`
`03/27/2014
`7590
`38834
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`1250 CONNECTICUT AVENUE, NW
`SUITE 700
`WASHINGTON, DC 20036
`
`:
`
`MENDOZA-WILKENFE, ERIK
`
`3744
`
`
`
`
`
`03/27/2014
`
`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):
`
`patentmail @ whda.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 12/909,581 KOBAYASHI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`3744ERIK MENDOZA-WILKENFELD first“
`
`-- 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 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) 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 10/16/2013.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`2a)IZ| 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 CIaim(s)fl1is/are pending in the application.
`5a) Of the above claim(s) 2-5,8-15 and 17—19is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`
`1 6 7 and 20-24 is/are rejected.
`
`is/are objected to.
`
`
`
`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
` S
`htt
`://www.usoto. ov/ atents/init events) .tv'index.‘
`
`
`
`
`
`, or send an inquiry to PRI-Ifeedback{<‘buspto.qov.
`
`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 AII
`1.|:| Certified copies of the priority documents have been received.
`2.|:| Certified copies of the priority documents have been received in Application No.
`3.I: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.
`
`Attach ment(s)
`
`1) E Notice of References Cited (PTO-892)
`
`
`
`3) I] Interview Summary (PTO-413)
`Paper No(s)/Mai| Date. _
`
`4) IX Other' DE320539trans/ation DE320539
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`.
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20131205
`
`

`

`Application/Control Number: 12/909,581
`
`Page 2
`
`Art Unit: 3744
`
`DETAILED ACTION
`
`Claim Rejections - 35 USC § 1 12
`
`1.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`2.
`
`Claims 20-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly
`
`claim the subject matter which the inventor or a joint inventor, or for pre-AIA the
`
`applicant regards as the invention.
`
`Regarding claim 20, it is unclear if the compressor of line 6 is referring to the
`
`compressor of the high temperature side refrigerant circuit or the compressor of claim 1.
`
`It will be interpreted that the compressor of line 6 is referring to the compressor of claim
`
`1 .
`
`Regarding claim 20, it is unclear if the capillary tube of line 6 is referring to the capillary
`
`tube of the high temperature side refrigerant circuit or the capillary tube of claim 1.
`
`It
`
`will be interpreted that the capillary tube of line 6 is referring to the capillary tube of
`
`claim 1.
`
`

`

`Application/Control Number: 12/909,581
`
`Page 3
`
`Art Unit: 3744
`
`Regarding claims 21 and 22, it is unclear whether the applicant is claiming a single
`
`intermediate heat exchanger or a plurality of intermediate heat exchangers since the
`
`claim initially says the system comprising “a single or a plurality”r, but then the claim
`
`recites "the intermediate heat exchangers" implying that there is more than one making
`
`the claim indefinite.
`
`Furthermore, claims 21 and 22 recite in lines 3 and 4, that the “refrigerant returning from
`
`the evaporator circulates therethrough”.
`
`It is unclear which limitation the claim is
`
`referring to with regards to "therethrough".
`
`Is it the evaporator, intermediate heat
`
`exchangers or both? Also, it is unclear whether "the refrigerant" is fluidly connected to a
`
`plurality of capillary tubes or if the capillary tubes are a structure that uses separate
`
`refrigerants.
`
`3.
`
`Claim 21 recites the limitation "the low temperature side refrigerant circuit" in line
`
`1. There is insufficient antecedent basis for this limitation in the claim.
`
`4.
`
`Claim 21 recites the limitation "the capillary tubes" in line 7. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`It must be clear that the claim is
`
`referring to the plurality of capillary tubes if “the capillary tubes” are the same as "the
`
`

`

`Application/Control Number: 12/909,581
`
`Page 4
`
`Art Unit: 3744
`
`plurality of capillary tubes".
`
`It will be interpreted that “the capillary tubes” is the same as
`
`the plurality of capillary tubes
`
`5.
`
`Claim 21 recites the limitation “the final stage” in line 10. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`6.
`
`Claim 22 recites the limitation "the capillary tubes" in line 7. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`It must be clear that the claim is
`
`referring to the plurality of capillary tubes if “the capillary tubes” are the same as "the
`
`plurality of capillary tubes".
`
`It will be interpreted that “the capillary tubes” is the same as
`
`the plurality of capillary tubes
`
`7.
`
`Claim 22 recites the limitation “the final stage” in line 10. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`Claim Rejections - 35 USC § 103
`
`8.
`
`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.
`
`

`

`Application/Control Number: 12/909,581
`
`Page 5
`
`Art Unit: 3744
`
`9.
`
`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 nonobviousness.
`
`10.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter
`
`of the various claims was commonly owned at the time any inventions covered therein
`
`were made absent any evidence to the contrary. Applicant is advised of the obligation
`
`under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was
`
`not commonly owned at the time a later invention was made in order for the examiner to
`
`consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C.
`
`102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
`
`11.
`
`Claims 1 and 7 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Borghi (FR 1,362,140) in view of Hartmann (DE 3205359 A1)
`
`

`

`Application/Control Number: 12/909,581
`
`Page 6
`
`Art Unit: 3744
`
`Regarding claim 1, Borghi teaches a refrigerating apparatus (Fig. 1) which condenses a
`
`refrigerant (implicit, by means of condenser 4) discharged from a compressor (Fig. 1, 3),
`
`reduces a pressure (implicit there is a pressure reduced by capillary tube 5 of Fig. 1) of
`
`the refrigerant by a capillary tube (Fig. 1, 5), and evaporates the refrigerant by an
`
`evaporator (Fig. 1, 1) to exert a cooling function (implicit of evaporator if used for cooling
`
`air), wherein the capillary tube is passed through a suction piping line (Fig. 1, See Fig.
`
`5, 5 and 2) through which the refrigerant returning from the evaporator to the
`
`compressor flows, to constitute a double tube structure (5 and 2 of Fig.
`
`1 shown better
`
`in Fig. 2 and 3)
`
`Borghi does not explicitly teach wherein the capillary tube and the suction piping line
`
`which constitute the double tube structure are spirally wound.
`
`Hartmann teaches of a heat exchanger (See Figs. 1-3 of foreign document DE
`
`3205359) that comprises a double tube structure (See Fig. 4,
`
`1 which comprises tubes
`
`3 and 4) that are both spirally wound, tube 4 being disposed in tube 3 (See Fig. 4, 6, 8-
`
`13C), and have fluids that exchange heat with each other and flow in a counter-current
`
`manner (See pg. 6 of translation, lines 2-9, ending with "therefore, the two liquids go in
`
`counter-current heat exchanger through the round”).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to have modified the capillary tube of the double tube structure (that acts as a heat
`
`

`

`Application/Control Number: 12/909,581
`
`Page 7
`
`Art Unit: 3744
`
`exchanger) of Borghi with the general concept of sprirally winding a double tube
`
`structure as taught by Hartmann since the general concept of having a heat exchanger
`
`with a double tube structure is a known configuration for two fluids to exchange heat
`
`and would have been an alternative method for exchanging heat between two fluids that
`
`would have produced the predictable result of increasing the overall heat transfer while
`
`keeping the overall length of the double tube structure relatively short, wherein the
`
`spiraled configuration will increase the overall surface area while keeping the overall
`
`space that the heat exchanger takes up low.
`
`Regarding claim 7, Borghi teaches wherein a flow (Fig. 2, F2) of the refrigerant through
`
`the capillary tube and a flow (Fig. 2, F1) of the refrigerant through the suction piping line
`
`outside the capillary tube form a counter flow (See Fig. 2)
`
`12.
`
`Claims 6 and 16 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Borghi and Hartmann as applied to claim 1, in view of Jung (US
`
`2005/0217309 A1).
`
`Regarding claim 6, Borghi does not explicitly teach wherein the suction piping line
`
`formed in the double tube structure by passing the capillary tube therethrough is
`
`surrounded by an insulating material.
`
`

`

`Application/Control Number: 12/909,581
`
`Page 8
`
`Art Unit: 3744
`
`Jung teaches the general practice of insulating a capillary tube (paragraph 0032, lines
`
`1-7) to thermally isolate the capillary tube in order to prevent the capillary pipe from
`
`being affected by heat generated by heat producing components of the refrigeration
`
`system (see paragraph 009).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to have combined the double tube structure of Borghi including the capillary tube with
`
`the thermal insulation as taught by Jung in order to provide the predictable result of
`
`insulating the double tube structure from heat generated by components of the
`
`refrigeration system and to prevent condensed water from being generated (see
`
`paragraph 009, lines 1-10)
`
`Regarding claim 16, Borghi teaches wherein a flow (Fig. 2, F2) of the refrigerant through
`
`the capillary tube and a flow (Fig. 2, F1) of the refrigerant through the suction piping line
`
`outside the capillary tube form a counter flow (See Fig. 2)
`
`13.
`
`Claims 20-24 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Borghi and Hartmann as applied to claim 1, in view of Yuzawa (US 2006/0123805)
`
`Regarding claim 20, Borghi teaches a low temperature side refrigerant circuit (Fig. 1)
`
`which condenses the refrigerant discharged from the compressor (Fig. 1, 3), reduces
`
`the pressure of the refrigerant by the capillary tube (Fig. 1, 5) and evaporates the
`
`

`

`Application/Control Number: 12/909,581
`
`Page 9
`
`Art Unit: 3744
`
`refrigerant by the evaporator to exert the cooling function and wherein the capillary tube
`
`of the low temperature side refrigerant circuit is passed through the suction piping line
`
`through which the refrigerant returning from the evaporator to the compressor of the low
`
`temperature side refrigerant circuit flows, which constitute the double tube structure.
`
`Borghi does not explicitly teach a high temperature side refrigerant circuit which
`
`condenses a refrigerant discharged from a compressor, reduces a pressure of the
`
`refrigerant by a capillary tube and evaporates the refrigerant by an evaporator to exert a
`
`cooling function, therein the evaporator of the high temperature side refrigerant circuit
`
`and the condenser of the low temperature side refrigerant circuit constituting a cascade
`
`heat exchanger, the evaporator of the low temperature side refrigerant circuit being
`
`configured to exert a final cooling function.
`
`Yuzawa teaches a high temperature side refrigerant circuit (Fig. 1, 2 and paragraph
`
`0018, lines 4-5) which condenses a refrigerant (implicit, by means of condenser 8 of
`
`Fig. 1) discharged from a compressor (Fig. 1, 4), reduces a pressure of the refrigerant
`
`by a capillary tube (Fig. 1, 13) and evaporates the refrigerant by an evaporator (Fig. 1,
`
`comprising 14) to exert a cooling function (implicit), therein the evaporator of the high
`
`temperature side refrigerant circuit and a condenser (Fig. 1, comprising 25) of a low
`
`temperature side refrigerant circuit (Fig. 1, 3) constituting a cascade heat exchanger
`
`(Fig. 1), the evaporator of the low temperature side refrigerant circuit being configured
`
`to exert a final cooling function (Fig. 1, 47 — 47 is providing a final cooling function since
`
`

`

`Application/Control Number: 12/909,581
`
`Page 10
`
`Art Unit: 3744
`
`it is downstream of a final expansion device 46 and reaches the lowest temperature in
`
`the system as shown in paragraph 0041, lines 1-4; -157.5 C is the lowest temperature in
`
`the system).
`
`It should be noted that Yuzawa teaches the general concept of using a
`
`cascade refrigeration system in a freezer unit (paragraph 0001 ).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to have combined Borghi and Harttman as applied to claim one further combining the
`
`refrigerating apparatus of Borghi which constitutes a low side refrigerant circuit, with the
`
`addition of a second refrigerant circuit/the high temperature refrigerant circuit to form a
`
`cascade refrigeration system as generally taught by Yuzawa in order to have produced
`
`the predictable result of being able to obtain lower temperatures (Le. a larger
`
`temperature difference between the high side condenser and the low side evaporator)
`
`of a temperature controlled vicinity that utilizes the low side evaporator, in a more
`
`thermally efficient manner (compared to a single refrigerant circuit).
`
`Regarding claims 21 and 22 as best understood, Borghi teaches wherein the capillary
`
`tube passes through the suction piping line through which the refrigerant returning from
`
`the evaporator to the compressor flows, to constitute the double tube structure (See fig.
`
`2). However, Borghi does not explicitly teach a single or a plurality of intermediate heat
`
`exchangers connected so that the refrigerant returning from the evaporator circulates
`
`therethrough and a plurality of capillary tubes and into which a plurality of types of non-
`
`azeotropic mixed refrigerants are introduced and which allows a condensed refrigerant
`
`

`

`Application/Control Number: 12/909,581
`
`Page 11
`
`Art Unit: 3744
`
`of the refrigerants flowing through the condenser to join the refrigerants in the
`
`intermediate heat exchangers through the capillary tubes, cools a non-condensed
`
`refrigerant of the refrigerants in the intermediate heat exchangers to condense the
`
`refrigerant having a lower boiling point, and evaporates the refrigerant having the lowest
`
`boiling point by the evaporator through the capillary tube of the final stage to exert the
`
`cooling function,
`
`Yuzawa teaches a high temperature side refrigerant circuit (Fig. 1, 2 and paragraph
`
`0018, lines 4-5)) which condenses a refrigerant (implicit, by means of condenser 8 of
`
`Fig. 1) discharged from a compressor (Fig. 1, 4), reduces a pressure of the refrigerant
`
`by a capillary tube (Fig. 1, 13) and evaporates the refrigerant by an evaporator (Fig. 1,
`
`comprising 14) to exert a cooling function (implicit), therein the evaporator of the high
`
`temperature side refrigerant circuit and a condenser (Fig. 1, comprising 25) of a low
`
`temperature side refrigerant circuit (Fig. 1, 3) constituting a cascade heat exchanger
`
`(Fig. 1), the evaporator of the low temperature side refrigerant circuit being configured
`
`to exert a final cooling function (Fig. 1, 47 — 47 is providing a final cooling function since
`
`it is downstream of a final expansion device 46 and reaches the lowest temperature in
`
`the system as shown in paragraph 0041, lines 1-4; -157.5 C is the lowest temperature in
`
`the system).
`
`It should be noted that Yuzawa teaches the general concept of using a
`
`cascade refrigeration system in a freezer unit (paragraph 0001 ).
`
`

`

`Application/Control Number: 12/909,581
`
`Page 12
`
`Art Unit: 3744
`
`Furthermore, Yuzawa teaches a cascade refrigeration system (Fig. 1) that utilizes a
`
`high side refrigerant circuit (Fig. 1, 2) and a low temperature side refrigerant circuit (Fig.
`
`1, 3) wherein the low temperature side refrigerant circuit comprises a plurality of
`
`intermediate heat exchangers (Fig. 1, 32, 42 and 44) connected (fluidly) so that the
`
`refrigerant returning from an evaporator (fig. 1, 47) circulates therethrough (See Fig. 1
`
`wherein “returning from the evaporator” is broadly interpreted as any point in the low
`
`side circuit since every point minus when the refrigerant is in the evaporator is returning
`
`from the evaporator) and a plurality of capillary tubes (Fig. 1, comprising 36, 40 and 46),
`
`the refrigerant flowing through the intermediate heat exchangers and the plurality of
`
`capillary tubes comprises a plurality of types of non-azeotropic mixed refrigerants (See
`
`paragraph 8, lines 1-16) in which some of the refrigerants are condensed in the
`
`condenser (Fig. 1, 25) and are thermally joined (with refrigerants passing through
`
`intermediate heat exchangers 32, 42 and 44) through the capillary tubes (interpreted as
`
`the plurality of capillary tubes), in which the intermediate heat exchangers cools a non-
`
`condensed refrigerant of the refrigerants in the intermediate heat exchangers to
`
`condense the refrigerants having a lower boiling point (See paragraphs 0036, lines 1-12
`
`and paragraph 0037, lines 21 for teaching), and evaporates the refrigerant having the
`
`lowest boiling point by the evaporator through the capillary tube (Fig. 1, 46) of the final
`
`stage (wherein the final stage is evaporator 47 — See paragraph 0040 and 0041 for
`
`reference of evaporating the refrigerant with the lowest boiling point) to exert the cooling
`
`function.
`
`

`

`Application/Control Number: 12/909,581
`
`Page 13
`
`Art Unit: 3744
`
`It would have been obvious to one of ordinary skill at the time of the invention to have
`
`combined Borghi and Harttman as applied to claim 1 and to have further modified the
`
`refrigerating apparatus of Borghi, which is capable of constituting a low temperature
`
`refrigerant circuit, with the high temperature refrigeration circuit, plurality of intermediate
`
`heat exchangers and plurality of capillary tubes of Yuzawa as claimed in order to have
`
`produced the predictable result of being able to achieve a very low temperature in the
`
`evaporator (by means of the cascade system in combination with the plurality of types
`
`of non-azeotropic refrigerants) wherein the use of a plurality of non-azeotropic
`
`refrigerants will allow for low evaporator temperatures (for freezing) while preventing the
`
`refrigerants that are harmful (e.g. combustible) from potentially combusting if leaked
`
`from the circuit (See paragraphs 0028 and 0029 for example).
`
`Regarding claims 23 and 24, Borghi does not teach of the high temperature side
`
`refrigerant circuit, but does teach the general concept of providing a capillary tube within
`
`suction piping of a compressor (See Fig. 1) to constitute a double tube structure as
`
`previously discussed in claim 1.
`
`Yuzawa teaches a cascade refrigeration system that includes a low temperature and
`
`high temperature side refrigerant circuits as discussed in claims 20 and 22.
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to have combined Borghi, Harttman and Yuzawa as applied to claims 20 and 22 and to
`
`

`

`Application/Control Number: 12/909,581
`
`Page 14
`
`Art Unit: 3744
`
`have modified the capillary tube of Yuzawa (Fig. 1, 13) to pass through the suction
`
`piping of the compressor (Fig. 1, 4) as generally taught by Borghi in order to have
`
`produced the similar and predictable result of helping to ensure that no liquid is being
`
`introduced to the compressor as a safety measure which will help prevent slugging.
`
`14.
`
`Claim 1
`
`is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Byczynski et al. (5,065,584) in view of Borghi (FR 1,362,140) and Hartmann (DE
`
`3205359 A1)
`
`Regarding claim 1, Byczynski teaches a refrigerating apparatus (Fig. 1) which
`
`condenses a refrigerant (implicit that a refrigerant is flowing in the system; refrigerant
`
`passes through condenser 15 of Fig. 1 to be condensed) discharged from a compressor
`
`(Fig. 1, 10), reduces a pressure (implicit — the pressure of refrigerant exiting condenser
`
`15 entering the dryer and capillary tube of Fig. 1 wherein the pressure reducing is
`
`provided by the capillary tube) of the refrigerant by a capillary tube (Fig. 1, comprising
`
`20, 26 and 27) and evaporates the refrigerant by an evaporator (Fig. 1, 25) to exert a
`
`cooling function (implicit that a fluid (air) in thermal communication with the evaporator
`
`will be cooled), wherein the capillary tube is passed through a suction piping (Fig. 1, 22)
`
`line through which the refrigerant returning from the evaporator to the compressor flows,
`
`to constitute a double tube structure (See section 27 of capillary tube inside of suction
`
`piping 22 of Fig. 1).
`
`

`

`Application/Control Number: 12/909,581
`
`Page 15
`
`Art Unit: 3744
`
`Byczynski teaches of the capillary tube being spirally wound (See Fig. 1, 26) and in
`
`thermal communication with the suction piping of the compressor, but Byczynski does
`
`not teach wherein the spirally wound section of the capillary tube is inside of the suction
`
`piping to be constituted part of the double tube structure.
`
`Borghi teaches the general concept of a spirally wound heat exchanger tube (Fig. 1, 1)
`
`that is spirally wound in a double tube structure (See Figure 1 combination of 3 and 1)
`
`wherein there is a fluid that flows through the spirally wound inner tube (1) and
`
`surrounded by a flow of fluid encased by tube structure (3).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to have modified the double tube structure of Byczynski with the general concept of the
`
`double tube structure of Borghi wherein the spirally wound section of a tube to be used
`
`in promoting heat transfer is on the inside of a separate tube to constitute a double tube
`
`structure with fluid flowing around the spirally wound section in order to produce the
`
`similar and predictable result of transferring heat between fluid inside of the spirally
`
`wound section of tubing and fluid surrounding the outer surface area of the spirally
`
`wound section using convection as an alternative mode of heat transfer as compared to
`
`conduction. By placing the spirally wound section of the capillary tube of Byczynski
`
`inside of the suction line of the compressor, heat transfer between the spirally wound
`
`section and the suction tubing will still be apparent as desired for providing heat
`
`recovery for the respective refrigerants therein (column 4, lines 51 -54).
`
`

`

`Application/Control Number: 12/909,581
`
`Page 16
`
`Art Unit: 3744
`
`Byezynski as modified doesn’t explicitly teach the double tube structure, including the
`
`suction piping and capillary tube, both of which are spirally wound.
`
`Hartmann teaches of a heat exchanger (See Figs. 1-3) that comprises a double tube
`
`structure (See Fig. 4,
`
`1 which comprises tubes 3 and 4) that are both spirally wound,
`
`tube 4 being disposed in tube 3 (See Fig. 4, 6, 8-130), and have fluids that exchange
`
`heat with each other and flow in a counter-current manner (See pg. 6 of translation,
`
`lines 2-9, ending with "therefore, the two liquids go in counter-current heat exchanger
`
`through the round”.
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`to have combined Byczynski and Borghi as previously discussed and to have modified
`
`the capillary tube of Borghi with the general concept of spirally winding a double tube
`
`structure as taught by Hartmann since the general concept of having a heat exchanger
`
`with a double tube structure is a known configuration for two fluids to exchange heat
`
`and would have been an alternative way for exchanging heat between two fluids that
`
`would have produced the predictable result of increasing the overall heat transfer while
`
`keeping the overall length of the double tube structure relatively short, wherein the
`
`spiraled configuration will increase the overall surface area while keeping the overall
`
`space that the heat exchanger takes up low.
`
`

`

`Application/Control Number: 12/909,581
`
`Page 17
`
`Art Unit: 3744
`
`The following references are considered pertinent art:
`
`0 Yuzawa (US 2007/0084224 A1) - in reference to a double tube structure
`
`involving a capillary tube and a suction pipe of the compressor (See Fig. 5)
`
`. Takemasa (4,788,829) — in reference to a cascade system comprising a high
`
`temperature refrigerant circuit and a low temperature refrigerant circuit (See Fig.
`
`1)
`
`. Cromley (1,065,663) — in reference to a double tube structure in which the inner
`
`and outer conduit are spirally wound (See Fig. 1 and 3)
`
`. Yamanaka (US 2008/0245098) — in reference to a double tube structure in which
`
`the inner and outer conduit are spirally wound (See Fig. 2).
`
`Response to Arguments
`
`The arguments made on pg. 10 and 11 of the remarks in light of the amendment made
`
`to claim 1 which includes the spirally wound double tube structure wherein the suction
`
`piping line and capillary tube are both spirally wound, have been considered and are not
`
`persuasive. However the arguments in regard to deficiencies of Borghi and Byczynski
`
`are moot due to the obviations presented by Harttman in regards to a double tube
`
`structure that is spirally wound, therefore claims 1, 6, 7, 16 and 20-24 are found to be
`
`unpatentable over the newly presented prior art.
`
`

`

`Application/Control Number: 12/909,581
`
`Page 18
`
`Art Unit: 3744
`
`The applicant also argues on pg. 11 “Applicants submit that one of ordinary skill in the
`
`art would not modify the Borghi structure such that tubes 5 and 2 were sprially wound
`
`because it would damage the physical structure of the device.
`
`It is unclear the basis for
`
`making this assumption -
`
`If it is explicitly or implicitly taught wherein a double tube
`
`structure, wherein the occurence of having both the tubes spirally wound would damage
`
`the physical structure of the device, then it should be cited. Hartmann clearly teaches a
`
`double tube heat exchanger wherein both of the tubes are spirally wound and makes no
`
`mention of any damaging effects by spirally winding both tubes.
`
`The applicant argues on pg. 12 that it would be impermissible hindsight to modify the
`
`double tube structure taught by Byczynski since "there is no teaching in Byczynski of
`
`the relative dimensions of capillary tube 20 and return tube 22".
`
`It is unclear why the
`
`dimensions of capillary tube and return tube 22 would prevent one of ordinary skill in the
`
`art from modifying Byczynski since designing the double tube structure would be
`
`dependent on desired heat transfer rates between the fluids exchanging heat as well as
`
`the pressure losses desired (i.e. the capillary tube pressure loses are dependent on
`
`length and diameter of the pipe). One of ordinary skill in the art at the time of the
`
`invention would have known to dimension the capillary tube and suction pipe to have
`
`any dimensions necessary to obtain the desired heat transfer rates and pressure drops
`
`required by the system.
`
`

`

`Application/Control Number: 12/909,581
`
`Page 19
`
`Art Unit: 3744
`
`Conclusion
`
`16.
`
`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
`
`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 date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ERIK MENDOZA-WILKENFELD whose telephone
`
`numbe