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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
`””4””
`MCDERMOTT WILL&EMERY LLP —
`The McDermott Building
`FURDGE’ LARRY L
`500 North Capitol Street, NW.
`
`3744
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/04/2017
`
`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.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`LARRY FURDGE $2213 3744
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
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`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 9/1/2017.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`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
`
`; 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
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) fl is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)IXI Claim(s) 5 and 6 is/are allowed.
`7)|Z| Claim(s) 1 -4 and 7- 14 is/are rejected.
`
`8)|:I Claim(s)_ is/are objected to.
`* If any)claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`
`
`()
`
`are subject to restriction and/or election requirement.
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`participating intellectual property office for the corresponding application. For more information, please see
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`I/'/\WII‘IN.USOIO. ov/ atentS/init events/
`iindex.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
`
`hit
`
`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) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20170929
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Status of Claims
`
`This Office Action is in response to the remarks and amendments filed on 9/1/2017. Claims 1
`
`- 14
`
`are pending for consideration in this Office Action.
`
`Response to Amendments
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The text of those sections of Title 35 U.S.C. Code not included in this action can be found in a
`
`prior Office Action.
`
`3.
`
`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-
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 3
`
`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
`
`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).
`
`4.
`
`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
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 4
`
`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
`
`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.
`
`5.
`
`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. (US6467279) 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),
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 5
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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-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.
`
`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-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.
`
`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-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
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 6
`
`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 (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.
`
`6.
`
`Claims 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Backman et al.
`
`(US6467279) 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).
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 7
`
`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
`
`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).
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 8
`
`7.
`
`Claims 11 and 12 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 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
`
`(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.
`
`8.
`
`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
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 9
`
`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 Backman 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.
`
`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 difluoromethane (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
`
`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),
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 10
`
`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-
`
`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 Backman 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 (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.
`
`Allowable Subject Matter
`
`Claims 5 and 6 are indicated as allowed for containing allowable subject matter.
`
`10.
`
`The following is a statement of reasons for the indication of allowable subject matter:
`
`As per Claim 5, the prior art Backman et al. (US6467279), Kaminura et al.
`
`(US2004/0123608), Wang et al. (US2011/0072836), Takemasa (JPH05287263A) and Van Horn
`
`et al. (U82010/0326095) 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.”
`
`

`

`Application/Control Number: 14/868,384
`
`Art Unit: 3744
`
`Page 11
`
`As per Claim 6, the prior art Backman et al. (U86467279), Kaminura et al.
`
`(US2004/0123608), Wang et al. (US2011/0072836), Takemasa (JPH05287263A) and Van Horn
`
`et al. (U82010/0326095) 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
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`mixed is used as the refrigerant in the low-temperature-side refrigeration circuit.”
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`Response to Arguments
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`On pages 3-5 of the remarks, Applicant argues with respect to Claims 1 and 2 that the
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`combination of Wang et al. (US2011/0072836, hereinafter “Wang”) and Backman et al. (U86467279,
`
`hereinafter “Backman”) does not disclose a refrigeration system “...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 in the high-temperature-side refrigeration circuit.”
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`In particular, Applicant argues that Backman does not disclose “a refrigeration system which achieves a
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`refrigerating capacity of -80°C or lower.” Applicant's arguments have been fully considered but they are
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`not persuasive.
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`In response to Applicant’s arguments, Applicant is reminded that ‘nonobviousness cannot be
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`established by attacking references individually where the rejection is based upon the teachings of a
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`combination of references,‘ and Applicant’s arguments are not persuasive because they attack the
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`individual teachings of the references and do not address what the combination of references teaches.
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`Regarding Claim 1, Applicant is reminded that Claim 1
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`is rejected under pre-AIA 35 U.S.C.
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`103(a) where Wang teaches the basic structure of the invention... Wang teaches a binary refrigerating
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`apparatus (Fig. 2) comprising a high-temperature-side refrigeration circuit (24) and a low-temperature-
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`

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`Application/Control Number: 14/868,384
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`Art Unit: 3744
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`Page 12
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`side refrigeration circuit (26; 0024, 0025; Fig. 2), which achieves a refrigerating capacity of -80°C or lower
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`by condensing a refrigerant in the low-temperature-side refrigeration circuit with a refrigerant passing
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`through a cascade condenser (44) in the high-temperature-side refrigeration circuit (0024, 0025; Fig. 2)
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`and Backman is used to teach a refrigeration system (Fig. 1) having a refrigerant composition containing
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`difluoroethylene (R1132a) and hexafluoroethane (R116) is used as the refrigerant in the low-temperature-
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`side refrigeration circuit (Col. 5, lines 9-43) and one skilled in the art would have been motivated to modify
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`the system of Wang with the teachings of Backman to improve the efficiency of the system (Col. 3, lines
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`5-9). Thus, one skilled in the art would recognize and conclude that Backman was not used to teach “a
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`refrigeration system which achieves a refrigerating capacity of -80°C or lower.”
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`Regarding Claim 2, Applicant is reminded that Claim 2 is rejected under pre-AIA 35 U.S.C.
`
`103(a) where 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)
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`and where a refrigerant composition containing difluoroethylene (R1132a) and carbon dioxide is used as
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`the refrigerant in the low-temperautre side refrigeration circuit (Col. 5. lines 9-44) and Wang teaches a
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`binary refrigerating apparatus (Fig. 2) comprising a high-temperature-side refrigeration circuit (24) and a
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`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
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`refrigerant passing through a cascade condenser (44) in the high-temperature-side refrigeration circuit
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`(0024, 0025; Fig. 2) and one skilled in the art would have been motivated to make the above modification
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`in order to have a system that attains a long life expectancy and operates in an efficiency manner (0016).
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`Thus, one skilled in the art would recognize and conclude that Backman was not used to teach “a
`
`refrigeration system which achieves a refrigerating capacity of -80°C or lower.”
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`Accordingly, the rejection is maintained.
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`For at least the reasons above, Claims 1-4 and 7-14 remain rejected.
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`Application/Control Number: 14/868,384
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`Art Unit: 3744
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`Page 13
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`Conclusion
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`11.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth
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`in 37 CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory action
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`is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later than SIX
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`MONTHS from the mailing date of this final action.
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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.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len
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`Tran can be reached on 571 -272—1184. The fax phone number for the organization where this application
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`or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 14/868,384
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`Art Unit: 3744
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`Page 14
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`Information regarding the status of an application may be obtained from the Patent Application
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`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
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`Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC)
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`at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative
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`or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-
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`1000.
`
`/LARRY FURDGE/
`
`Primary Examiner, Art Unit 3744
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`

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`Application/Control Number: 14/868,384
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`Art Unit: 3744
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`Page 15
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