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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`14/868,384
`
`09/28/2015
`
`Jiro YUZAWA
`
`050002—0034
`
`8473
`
`20277
`7590
`07/21/2017
`MCDERMOTT WILL&EMERY LLP —
`The McDermott Building
`FURDGE’ LARRY L
`500 North Capitol Street, NW.
`
`3744
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/21/2017
`
`ELECTRONIC
`
`Please find below and/0r 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):
`
`ipdocketmwe @ mwe.com
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/868,384 YUZAWA ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`LARRY FURDGE $233 3744
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 9/28/2015.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`a)I:| 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)
`is/are withdrawn from consideration.
`6)|XI Claim(s) 5 and 6 is/are allowed.
`7)IZ| Claim(s) 1-4and 7- 14 is/are rejected.
`8)I:I Claim(s)_ is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`://www.usoto. ov/ atentS/init events"
`h/index.‘s orsend an inquiry to PRI-Ifeedback{<‘busr3.to.qov.
`
`htt
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 9/28/2015 is/are: a)lZl 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)IZI 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)le All
`1le Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) E InformatIon DIscIosure Statement(s) (PTO/SB/08a and/or PTO/SB/Osb)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20170718
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Acknowledgement is made of the preliminary amendment filed on 9/28/2015. Accordingly,
`
`Claims 1-14 are pending for consideration on the merits in this Office Action.
`
`Priority
`
`2.
`
`Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statement (IDS) submitted on 9/28/2015 was filed on or after the
`
`mailing date of the application. The submission is in compliance with the provisions of 37 CFR 1.97.
`
`Accordingly, the information disclosure statement is being considered by the examiner.
`
`Specification
`
`4.
`
`Applicant is reminded of the proper content of an abstract of the disclosure.
`
`A patent abstract is a concise statement of the technical disclosure of the patent and should
`
`include that which is new in the art to which the invention pertains. The abstract should not refer to
`
`purported merits or speculative applications of the invention and should not compare the invention with
`
`the prior art.
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 3
`
`If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the
`
`abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an
`
`old apparatus, process, product, or composition, the abstract should include the technical disclosure of
`
`the improvement. The abstract should also mention by way of example any preferred modifications or
`
`alternatives.
`
`Where applicable, the abstract should include the following: (1) if a machine or apparatus, its
`
`organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity
`
`and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
`
`Extensive mechanical and design details of an apparatus should not be included in the abstract.
`
`The abstract should be in narrative form and generally limited to a single paragraph within the range of 50
`
`to 150 words in length.
`
`See MPEP § 608.01 (b) for guidelines for the preparation of patent abstracts.
`
`5.
`
`The abstract of the disclosure is objected to because the abstract refers to the merits of the
`
`invention. Correction is required. See MPEP § 608.01 (b).
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
`
`set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`7.
`
`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 35 U.S.C. 103 are
`
`summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 4
`
`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.
`
`8.
`
`Claims 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al.
`
`(US2011/0072836) in view of Backman et al. (US6467279).
`
`Regarding Claim 1, Wang teaches a binary refrigerating apparatus (Fig. 2) comprising a
`
`high-temperature-side refrigeration circuit (24) and a low-temperature-side refrigeration circuit
`
`(26; 0024, 0025; Fig. 2), which achieves a refrigerating capacity of -80°C or lower by condensing
`
`a refrigerant in the low-temperature-side refrigeration circuit with a refrigerant passing through a
`
`cascade condenser (44) in the high-temperature-side refrigeration circuit (0024, 0025; Fig. 2).
`
`Wang does not explicitly teach where a refrigerant composition containing
`
`difluoroethylene (R1132a) and hexafluoroethane (R116) is used as the refrigerant in the low-
`
`temperature-side refrigeration circuit, so that an evaporation temperature reaches a temperature
`
`lower than both boiling points of difluoroethylene (R1132a) and hexafluoroethane (R116).
`
`However, Backman teaches a refrigeration system (Fig. 1) having a refrigerant
`
`composition containing difluoroethylene (R1132a) and hexafluoroethane (R116) is used as the
`
`refrigerant in the low-temperature-side refrigeration circuit (Col. 5, lines 9-43). Backman also
`
`teaches that this arrangement provides a system whereby environmentally acceptable high
`
`performance refrigerants can be used in a secondary refrigerant loop and thereby improve the
`
`efficiency of the system (Col. 3, lines 5-9).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before the
`
`effective filing date of the invention to modify the assembly of Wang to have where a refrigerant
`
`composition containing difluoroethylene (R1132a) and hexafluoroethane (R116) is used as the
`
`refrigerant in the low-temperature-side refrigeration circuit in view of the teachings of Backman in
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 5
`
`order to provide a system whereby environmentally acceptable high performance refrigerants
`
`can be used in a secondary refrigerant loop and thereby improve the efficiency of the system.
`
`Regarding Claim 3, Wang, as modified, teaches the invention of Claim 1 above and
`
`Backman further teaches where a refrigerant composition in which carbon dioxide (R744) is
`
`further mixed is used as the refrigerant in the low-temperature-side refrigeration circuit (Col. 5,
`
`lines 9-43). so that an evaporation temperature reaches a temperature lower than any
`
`boiling points of difluoroethylene (R1132a), hexafluoroethane (R116), and carbon dioxide (R744).
`
`9.
`
`Claims 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al.
`
`(US2011/0072836) and Backman et al. (US6467279) as applied to claim 1 above, and further in view of
`
`Takemasa (JPH05287263A).
`
`Regarding Claims 7 and 8, Wang, as modified, teaches the invention of Claim 1 above
`
`but does not explicitly teach where a refrigerant composition in which n-pentane is mixed in a
`
`ratio of 14% by mass or less with respect to the total mass of the refrigerant composition in the
`
`low-temperature-side refrigeration circuit is used.
`
`However, Takemasa teaches a refrigerating apparatus (0001) having where a refrigerant
`
`composition in which n-pentane is mixed in a ratio of 14% by mass or less with respect to the
`
`total mass of the refrigerant composition in the low-temperature-side refrigeration circuit is used
`
`(0026; see also 0030 where R290 can be substituted for n-pentane). Takemasa also teaches
`
`that this arrangement provides a refrigerant mixture that prevent harmful effects due to the rise of
`
`oil in the compressor (0026).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before the
`
`effective filing date of the invention to modify the assembly of Wang to have where a refrigerant
`
`composition in which n-pentane is mixed in a ratio of 14% by mass or less with respect to the
`
`total mass of the refrigerant composition in the low-temperature-side refrigeration circuit is used in
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 6
`
`view of the teachings of Takemasa in order to provide a refrigerant mixture that prevent harmful
`
`effects due to the rise of oil in the compressor.
`
`10.
`
`Claims 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al.
`
`(US2011/0072836) and Backman et al. (U86467279) as applied to claim 1 above, and further in view of
`
`Van Horn et al. (US2010/0326095).
`
`Regarding Claim 9, Wang, as modified, teaches the invention of Claim 1 above but does
`
`not explicitly teach a refrigerant composition, containing a non-azeotropic mixture comprising the
`
`refrigerant group of difluoromethane (R32), pentafluoroethane (R125), 1,1,1,2-
`
`tetrafluoroethane (Rl34a), and 1,1,3-trifluoroethane (Rl43a), and 1,1,1,2,3-pentafluoropentene
`
`(HFO-1234ze), and having a Global-warming potential (GWP) of 1500 or less, is used as the
`
`refrigerant in the high-temperature-side refrigeration circuit.
`
`However, Van Horn teaches a refrigeration system (Fig. 1) a refrigerant composition,
`
`containing a non-azeotropic mixture comprising the refrigerant group of difluoromethane (R32),
`
`pentafluoroethane (R125), 1 ,1,1,2-tetrafluoroethane (Rl34a), and 1,1,3-trifluoroethane (R143a),
`
`and 1,1,1 ,2,3-pentafluoropentene (HFO-1234ze), and having a Global-warming potential (GWP)
`
`of 1500 or less, is used as the refrigerant in the high-temperature-side refrigeration circuit (0033-
`
`0039) for the obvious advantage of providing a refrigerant that is environmentally friendly.
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before the
`
`effective filing date of the invention to modify the assembly of Wang to have a refrigerant
`
`composition, containing a non-azeotropic mixture comprising the refrigerant group of
`
`difluoromethane (R32), pentafluoroethane (R125), 1,1,1,2-tetrafluoroethane (R134a), and 1,1,3-
`
`trifluoroethane (Rl43a), and 1,1,1,2,3-pentafluoropentene (HFO-1234ze), and having a Global-
`
`warming potential (GWP) of 1500 or less, is used as the refrigerant in the high-temperature-side
`
`refrigeration circuit in view of the teachings of Van Horn in order to provide a refrigerant that is
`
`environmentally friendly.
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 7
`
`Regarding Claim 10, Wang, as modified, teaches the invention of Claim 1 above but
`
`does not explicitly teach a refrigerant composition, containing a non-azeotropic mixture
`
`comprising the refrigerant group of difluoromethane (R32), pentafluoroethane (R125), 1,1,1,2-
`
`tetrafluoroethane (R134a), and 1,1,3-trifluoroethane (Rl43a), and 1,1,1,2,3-pentaf|uoropentene
`
`(HFO-1234yf), and having a Global-warming potential (GWP) of 1500 or less, is used as the
`
`refrigerant in the high-temperature-side refrigeration circuit.
`
`However, Van Horn teaches a refrigeration system (Fig. 1) a refrigerant composition,
`
`containing a non-azeotropic mixture comprising the refrigerant group of difluoromethane (R32),
`
`pentafluoroethane (R125), 1 ,1,1,2-tetraf|uoroethane (RI34a), and 1,1,3-trifluoroethane (R143a),
`
`and 1,1,1 ,2,3-pentafluoropentene (HFO-1234yf), and having a Global-warming potential (GWP)
`
`of 1500 or less, is used as the refrigerant in the high-temperature-side refrigeration circuit (0033-
`
`0039) for the obvious advantage of providing a refrigerant that is environmentally friendly.
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before the
`
`effective filing date of the invention to modify the assembly of Wang to have a refrigerant
`
`composition, containing a non-azeotropic mixture comprising the refrigerant group of
`
`difluoromethane (R32), pentafluoroethane (R125), 1,1,1,2-tetraf|uoroethane (R134a), and 1,1,3-
`
`trifluoroethane (R143a), and 1,1,1,2,3-pentafluoropentene (HFO-1234ze), and having a Global-
`
`warming potential (GWP) of 1500 or less, is used as the refrigerant in the high-temperature-side
`
`refrigeration circuit in view of the teachings of Van Horn in order to provide a refrigerant that is
`
`environmentally friendly.
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 8
`
`11.
`
`Claims 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Backman et al.
`
`(U86467279) and Kaminura et al. (US2004/0123608) in view of Wang et al. (US2011/0072836).
`
`Regarding Claim 2, Backman teaches a binary refrigerating apparatus (Fig. 1)
`
`comprising a high-temperature-side refrigeration circuit (12) and a low-temperature-side
`
`refrigeration circuit (Col. 3, lines 34-49; Fig. 1) and whereas Backman teaches where a refrigerant
`
`composition containing difluoroethylene (R1132a) and carbon dioxide is used as the refrigerant in
`
`the low-temperautre side refrigeration circuit (Col. 5. lines 9-44), Blackman does not explicitly
`
`teach where the refrigerant compositoin contains difluoroethylene and more than 0 % by mass
`
`and 20 % by mass or less of carbon dioxide; or where the low temperature side refrigeration
`
`circuit achieves a refrigerating capacity of -80°C or lower by condensing a refrigerant in the low-
`
`temperature-side refrigeration circuit with a refrigerant passing through a cascade condenser in
`
`the high-temperature-side refrigeration circuit.
`
`However, Kaminura teaches a refrigerant cycle having a non-azeotropic refrigerant
`
`mixed with carbon dioxide (0003) where the refrigerant composition contains a non-azeotropic
`
`refrigerant and more than 0 % by mass and 20 % by mass or less of carbon dioxide (0026; Fig. 1;
`
`where Fig. 1 shows various concentration of carbon in a refrigerant mixture). Kaminura also
`
`teaches that this arrangement provides a refrigerant mixture that achieves a desirable degree of
`
`coefficient of performance (0008).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before the
`
`effective filing date of the invention to modify the assembly of Backman where the refrigerant
`
`compositoin contains difluoroethylene and more than 0 % by mass and 20 % by mass or less of
`
`carbon dioxide in view of the teachings of Kaminura in order to provide a refrigerant mixture that
`
`achieves a desirable degree of coefficient of performance.
`
`Lastly, Wang teaches a binary refrigerating apparatus (Fig. 2) comprising a high-
`
`temperature-side refrigeration circuit (24) and a low-temperature-side refrigeration circuit (26;
`
`0024, 0025; Fig. 2), which achieves a refrigerating capacity of -80°C or lower by condensing a
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 9
`
`refrigerant in the low-temperature-side refrigeration circuit with a refrigerant passing through a
`
`cascade condenser (44) in the high-temperature-side refrigeration circuit (0024, 0025; Fig. 2).
`
`Wang also teaches that this arrangement provides a system that attains a long life expectancy
`
`and operates in an efficiency manner (0016).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before the
`
`effective filing date of the invention to modify the assembly of Backman to have where the low
`
`temperature side refrigeration circuit achieves a refrigerating capacity of -80°C or lower by
`
`condensing a refrigerant in the low-temperature-side refrigeration circuit with a refrigerant passing
`
`through a cascade condenser in the high-temperature-side refrigeration circuit in view of the
`
`teachings of Wang in order to provide a system that attains a long life expectancy and operates in
`
`an efficiency manner.
`
`Regarding Claim 4, Backman, as modified, teaches the invention of Claim 2 above and
`
`Backman further teaches where hexafluoroethane (R116) is further mixed as the refrigerant in the
`
`low-temperature-side refrigeration circuit (Col. 5. lines 9-44).
`
`12.
`
`Claims 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Backman et al.
`
`(U86467279), Kaminura et al. (US2004/0123608) and Wang et al. (US2011/0072836) as applied to claim
`
`2 above, and further in view of Takemasa (JPH05287263A).
`
`Regarding Claims 11 and 12, Backman, as modified, teaches the invention of Claim 1
`
`above but does not explicitly teach where a refrigerant composition in which n-pentane is mixed
`
`in a ratio of 14% by mass or less with respect to the total mass of the refrigerant composition in
`
`the low-temperature-side refrigeration circuit is used.
`
`However, Takemasa teaches a refrigerating apparatus (0001) having where a refrigerant
`
`composition in which n-pentane is mixed in a ratio of 14% by mass or less with respect to the
`
`total mass of the refrigerant composition in the low-temperature-side refrigeration circuit is used
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 10
`
`(0026; see also 0030 where R290 can be substituted for n-pentane). Takemasa also teaches
`
`that this arrangement provides a refrigerant mixture that prevent harmful effects due to the rise of
`
`oil in the compressor (0026).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before the
`
`effective filing date of the invention to modify the assembly of Backman to have where a
`
`refrigerant composition in which n-pentane is mixed in a ratio of 14% by mass or less with respect
`
`to the total mass of the refrigerant composition in the low-temperature-side refrigeration circuit is
`
`used in view of the teachings of Takemasa in order to provide a refrigerant mixture that prevent
`
`harmful effects due to the rise of oil in the compressor.
`
`13.
`
`Claims 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Backman et al.
`
`(US6467279), Kaminura et al. (US2004/0123608) and Wang et al. (US2011/0072836) as applied to
`
`claim 2 above, and further in view of Van Horn et al. (US2010/0326095).
`
`Regarding Claim 13, Backman, as modified, teaches the invention of Claim 2 above but
`
`does not explicitly teach a refrigerant composition, containing a non-azeotropic mixture
`
`comprising the refrigerant group of difluoromethane (R32), pentafluoroethane (R125), 1,1,1,2-
`
`tetrafluoroethane (Rl34a), and 1,1,3-trifluoroethane (Rl43a), and 1,1,1,2,3-pentafluoropentene
`
`(HFO-1234ze), and having a Global-warming potential (GWP) of 1500 or less, is used as the
`
`refrigerant in the high-temperature-side refrigeration circuit.
`
`However, Van Horn teaches a refrigeration system (Fig. 1) a refrigerant composition,
`
`containing a non-azeotropic mixture comprising the refrigerant group of difluoromethane (R32),
`
`pentafluoroethane (R125), 1 ,1,1,2-tetrafluoroethane (Rl34a), and 1,1,3-trifluoroethane (R143a),
`
`and 1,1,1 ,2,3-pentafluoropentene (HFO-1234ze), and having a Global-warming potential (GWP)
`
`of 1500 or less, is used as the refrigerant in the high-temperature-side refrigeration circuit (0033-
`
`0039) for the obvious advantage of providing a refrigerant that is environmentally friendly.
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 11
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before the
`
`effective filing date of the invention to modify the assembly of Backman to have a refrigerant
`
`composition, containing a non-azeotropic mixture comprising the refrigerant group of
`
`dif|uoromethane (R32), pentafluoroethane (R125), 1,1,1,2-tetrafluoroethane (R134a), and 1,1,3-
`
`trifluoroethane (Rl43a), and 1,1,1,2,3-pentafluoropentene (HFO-1234ze), and having a Global-
`
`warming potential (GWP) of 1500 or less, is used as the refrigerant in the high-temperature-side
`
`refrigeration circuit in view of the teachings of Van Horn in order to provide a refrigerant that is
`
`environmentally friendly.
`
`Regarding Claim 14, Backman, as modified, teaches the invention of Claim 2 above but
`
`does not explicitly teach a refrigerant composition, containing a non-azeotropic mixture
`
`comprising the refrigerant group of dif|uoromethane (R32), pentafluoroethane (R125), 1,1,1,2-
`
`tetrafluoroethane (R134a), and 1,1,3-trifluoroethane (Rl43a), and 1,1,1,2,3-pentafluoropentene
`
`(HFO-1234yf), and having a Global-warming potential (GWP) of 1500 or less, is used as the
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`refrigerant in the high-temperature-side refrigeration circuit.
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`However, Van Horn teaches a refrigeration system (Fig. 1) a refrigerant composition,
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`containing a non-azeotropic mixture comprising the refrigerant group of dif|uoromethane (R32),
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`pentafluoroethane (R125), 1,1,1,2-tetrafluoroethane (Rl34a), and 1,1,3-trifluoroethane (R143a),
`
`and 1,1,1 ,2,3-pentafluoropentene (HFO-1234yf), and having a Global-warming potential (GWP)
`
`of 1500 or less, is used as the refrigerant in the high-temperature-side refrigeration circuit (0033-
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`0039) for the obvious advantage of providing a refrigerant that is environmentally friendly.
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`Therefore, it would have been obvious to a person of ordinary skill in the art before the
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`effective filing date of the invention to modify the assembly of Backman to have a refrigerant
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`composition, containing a non-azeotropic mixture comprising the refrigerant group of
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`dif|uoromethane (R32), pentafluoroethane (R125), 1,1,1,2-tetrafluoroethane (R134a), and 1,1,3-
`
`trifluoroethane (R143a), and 1,1,1,2,3-pentafluoropentene (HFO-1234ze), and having a Global-
`
`warming potential (GWP) of 1500 or less, is used as the refrigerant in the high-temperature-side
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
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`Page 12
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`refrigeration circuit in view of the teachings of Van Horn in order to provide a refrigerant that is
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`environmentally friendly.
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`Allowable Subject Matter
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`14.
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`15.
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`Claims 5 and 6 are indicated as allowed for containing allowable subject matter.
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`The following is a statement of reasons for the indication of allowable subject matter:
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`As per Claim 5, the prior art Backman et al. (US6467279), Kaminura et al.
`
`(U52004/0123608), Wang et al. (U52011/0072836), Takemasa (JPH05287263A) and Van Horn et
`
`al. (U52010/0326095) does not teach the device as recited, in particular ”...wherein a refrigerant
`
`composition in which difluoroethylene (R1132a) / hexafluoroethane (R116) / carbon dioxide
`
`(R744) = 27.6 to 29.2% by mass / 56.8 to 68.4% by mass / 4.0 to 14.0% by mass are mixed is used
`
`as the refrigerant in the low-temperature-side refrigeration circuit.”
`
`As per Claim 6, the prior art Backman et al. (US6467279), Kaminura et al.
`
`(U52004/0123608), Wang et al. (U52011/0072836), Takemasa (JPH05287263A) and Van Horn et
`
`al. (U52010/0326095) does not teach the device as recited, in particular ”...wherein a refrigerant
`
`composition in which difluoroethylene (R1132a) / hexafluoroethane (R116) / carbon dioxide
`
`(R744) = 54.8 to 58.3% by mass / 25.2 to 35.7% by mass / 8.0 to 18.0% by mass are mixed is used
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`as the refrigerant in the low-temperature-side refrigeration circuit.”
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 13
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to LARRY FURDGE whose telephone number is (313)446-4895. The examiner can normally
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`be reached on Monday through Friday: 8:00 AM. to 4:30 PM. EST.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Justin Jonaitis can be reached on 571-270-5150. The fax phone number for the organization where this
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`application or proceeding is assigned is 571 -273-8300.
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`either Private PAIR or Public PAIR. Status information for unpublished applications is available through
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`1000.
`
`/LARRY FURDGE/
`
`Primary Examiner, Art Unit 3744
`
`