Serial No. 15/057,950
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`REMARKS
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`After entry of the foregoing, claims 1-6 are pending examination, of which claim 1 is the
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`independent claim. Claims 1—3, and 6 are amended herein. These amendments are made without
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`prejudice or disclaimer of subject matter and without conceding the correctness of any rejections,
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`and Applicant respectfully reserves the right to pursue the original, previously presented, or
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`canceled subject matter
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`in this application or continuing applications.
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`Support
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`for
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`the
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`amendment including any new claims is found in the original disclosure, including, for example,
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`paragraph [0028]
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`(cf. US2016/0178246 A1). Amendments to claims 2, 3, and 6 are for
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`consistency and to correct formalities. No new matter is believed to have been added herein.
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`Reconsideration and further examination are respectfully requested.
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`Claim Rejections —— 35 US. C. § 103
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`Claims 1-6 are rejected under 35 U.S.C. § 103 as being unpatentable over Svendsen et a1.
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`(WO 2011/150940, hereafter “Svendsen”) in View of Sonnekalb et al. (DE 102008047753,
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`hereafter “Sonnekalb”) and further in View of Yoshida et al.
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`(JP 2001019944, hereinafter
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`“Yoshida”). These rejections are respectfully traversed, and reconsideration and withdrawal of
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`these rejections are respectfully requested.
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`Independent Claim 1
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`Without conceding the correctness of the rejection, independent claim 1, as amended,
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`recites, inter-aha, the newly added feature wherein:
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`“the second refrigerant [is] added in a proportion that prevents the carbon dioxide (R744)
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`from forming a solidified portion.”
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`The cited portions and proposed combination of the applied references are not understood
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`to disclose or teach each and every feature of independent claim 1, particularly with respect to at
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`least the newly added feature.
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`The CA contends Sonnekalb teaches “a second refrigerant [that] dissolves the carbon
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`dioxide (R744).” Applicant respectfully disagrees.
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`Sonnekalb discloses “[a] particularly
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`preferred low-temperature / high-pressure refrigerant
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`is carbon dioxide” (cf. Sonnekalb,
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`paragraph [0044], emphasis added). Sonnekalb ’5 “carbon dioxide,” however, does not teach “a
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`second refrigerant added in a proportion that prevents the carbon dioxide from forming a
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`solidified portion,” as recited in the newly added feature.
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`Serial No. 15/057,950
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`As for the other applied references, Applicant respectfully submits that the cited portions
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`of such references do not remedy the above-noted deficiencies of the cited portions of
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`Sonnekalb.
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`Accordingly, the cited portions and proposed combination of the applied references are
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`not understood to disclose or teach each and every feature of independent claim 1, which is
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`believed to be in condition for allowance. Reconsideration and withdrawal of the rejection of
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`independent claim 1 are respectfully requested.
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`Dependent claims
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`The other claims currently under consideration in the application are dependent from
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`their respective independent claims discussed above and therefore are believed to be allowable
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`for at least similar reasons. Because each dependent claim is deemed to define an additional
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`aspect of the invention, the individual consideration of each on its own merits is respectfully
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`requested. Reconsideration and withdrawal of the rejections of the dependent claims are
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`respectfully requested.
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`CONCLUSION
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`Applicant respectfully submits that the entire application is in condition for allowance,
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`and such action is respectfully requested at the Examiner’s earliest convenience. Should the
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`Examiner have any questions, please call the undersigned at the phone number listed below so
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`that any such questions may be promptly resolved.
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`Any remarks in support of patentability of one claim should not be imputed to any other
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`claim, even if similar terminology is used. Any language or remarks referring to only a portion
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`of a claim should not necessarily be understood to base patentability on solely that portion;
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`rather, patentability rests on each claim taken as a whole.
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`Applicant respectfully submits that to the extent any disclaimers or statements were made
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`previously during prosecution with respect
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`to the scope of the claimed invention, such
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`disclaimers and statements are hereby rescinded.
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`Applicant respectfully reserves the right to traverse any of the rejections, assertions and
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`submissions made in connection with the application, even if not discussed herein, including the
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`right to challenge later whether any of the cited references is prior art. The absence of a reply to
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`Serial No. 15/057,950
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`a specific rejection, issue, or comment does not signify agreement with or concession of that
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`rejection, issue, or comment.
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`In addition, because any arguments made may not be exhaustive,
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`there may be other reasons that have not been expressed for patentability of any or all claims.
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`When amendments are made to any claims, no acquiescence or estoppel is implied thereby; such
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`amendments are made only to expedite prosecution of the present application and are without
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`prejudice to the presentation or assertion, in the future, of claims directed to subject matter that is
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`same as or similar to that previously presented. Nothing in this paper should be construed as an
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`intent to concede, or actual concession of, any issue with regard to any claim, or to any cited art,
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`except as specifically stated in this paper, and the amendment or cancellation of any claim does
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`not necessarily signify concession of unpatentability of the claim prior to its amendment or
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`cancellation.
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`To the extent necessary, a petition for an extension of time under 37 C.F.R. 1.136 is
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`hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
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`including extension of time fees, to Deposit Account 500417 and please credit any excess fees to
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`such deposit account.
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`500 North Capitol Street, NW
`Washington, DC 20001
`Phone: (650) 815-7465 RC:cb
`Facsimile: (202) 756—8087
`Date: August 23, 2017
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`DM_US 83976774-106593307l l
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`Respectfully submitted,
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`MCDERMOTT WILL & EMERY LLP
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`/Ricardo J. Claps/
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`Ricardo J. Claps
`Registration No. 65,796
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`Please recognize our Customer No. 53080 as
`our correspondence address.
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