`
`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
`www.uspto.gov
`
`
`
`
`
`12/3 00,706
`
`09/23/2009
`
`Katsuji Takasugi
`
`080481
`
`1825
`
`23850
`7590
`11/24/2015
`KRATZ, QUINTOS & HANSON, LLP —
`1420 K Street, N.W.
`PETTITT’ JOHNF
`4th Floor
`
`WASHINGTON, DC 20005
`
`3744
`
`MAIL DATE
`
`1 1/24/2015
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 12/300,706 TAKASUGI, KATSUJI
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`John Frank Pettitt, III its“ 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)IZI Responsive to communication(s) filed on 7/17/2015.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l 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) 1583nd10-15is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s) 1, 5, 8, 10- 15is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`
`
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgto.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E 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 20151118
`
`

`

`Application/Control Number: 12/300,706
`
`Page 2
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`Art Unit: 3744
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`DETAILED ACTION
`
`The present application is being examined under the pre-AIA first to invent provisions.
`
`Claim Rejections - 35 USC § 1 12
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any
`person skilled in the art to which it pertains, or with which it is most nearly connected, to make
`and use the same, and shall set forth the best mode contemplated by the inventor of carrying
`out his invention.
`
`Claim13 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph,
`
`as failing to comply with the written description requirement. The claim(s) contains
`
`subject matter which was not described in the specification in such a way as to
`
`reasonably convey to one skilled in the relevant art that the inventor or a joint inventor,
`
`or for pre-AIA the inventor(s), at the time the application was filed, had possession of
`
`the claimed invention.
`
`In regard to claim 13, the recitation, “the condenser includes an intermediate heat
`
`exchanger” is new matter as the examiner can find no support for the condenser having
`
`some other intermediate heat exchanger that is part of the condenser. The only
`
`intermediate heat exchangers are disclosed separately from the condenser.
`
`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.
`
`Claims 1, 5, 8, 10, and 11 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
`
`

`

`Application/Control Number: 12/300,706
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`Page 3
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`Art Unit: 3744
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`distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA
`
`the applicant regards as the invention.
`
`In regard to claim 1, the recitation, “the refrigerants” (line 11) appears intended --
`
`the mixed refrigerants-- so as to not confuse with the high temperature side refrigerant.
`
`The recitation, “non-azeotropic mixed refrigerants” (line 9) appears improper
`
`because the disclosed refrigerant is a mixture of non-azeotropic refrigerants; the
`
`components of the mixed refrigerant are not themselves mixed. Further there are not
`
`necessarily plural mixed refrigerants in the low temperature circuit but one mixed
`
`refrigerant made of a number of refrigerants.
`
`The recitation, “The refrigerant” (line 14) lacks antecedent basis and the
`
`recitation of “at least one heat exchanger" is not commensurate with successive
`
`condensaflon.
`
`The recitations, “the plurality of refrigerants” (lines 15-16) are indefinite since
`
`there is no recitation of a plurality and it is unclear which is being recited.
`
`It is
`
`considered that a more appropriate recitation would recite from the identifications
`
`already provided in the claim.
`
`The recitation, “a lower boiling point” (claim 15) is indefinite because it not clear
`
`what it must be lower than.
`
`The recitation, “a pressure reducing unit” (line 12) is indefinite since the claim
`
`recites a plurality of pressure reducing units and it is not clear what is being referred to.
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`

`

`Application/Control Number: 12/300,706
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`Page 4
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`Art Unit: 3744
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`The recitation, “a final stage of the pressure reducing unit” (line 13) is indefinite
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`the claim previously recited a plurality of pressure reducing units and this recitation is
`
`not consistent with the earlier recitation.
`
`The recitation, “the non-azeotropic mixed refrigerants that exits” (line 31) does
`
`not agree grammatically with whether a singular or plural is required.
`
`The recitation, “has a boiling point greater than a temperature of the non-
`
`azeotropic mixed refrigerants that exits the radiator” (line 24) is indefinite as it is not
`
`clear if the applicant is making a comparison of the thermophysical property of the first
`
`refrigerant or if the applicant is making a limitation on the function of the system and the
`
`exit temperature of the radiator. The thermophysical properties of the first refrigerant
`
`are set by the fact that the claims state what the first refrigerant is and therefore such a
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`property is not able to change the structure of the system and therefore it is not clear
`
`how such a limitation would define the structure of the apparatus claim at all.
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`In
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`addition, reciting what relative temperature the fluid at the exit of the radiator is at does
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`not limit the structure of the system claim in any distinguishable fashion.
`
`In regard to claim 5, the recitation, “a refrigeration circuit including;” (line 1-2) is
`
`improper and should use a colon.
`
`In regard to claim 11, the recitation, “said oil separator configured to separate the
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`oil from the first and second non-azeotropic refrigerants” (lines 8-9) is indefinite as it is
`
`not consistent with the recitations later in the claim: “returning, to the compressor from
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`said oil separator, the oil and the liquefied part of the first non-azeotropic refrigerant”
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`(lines 17-18) has that the oil is not separated from the first refrigerant.
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`

`

`Application/Control Number: 12/300,706
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`Page 5
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`Art Unit: 3744
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`The recitation, “the temperature of the gaseous part of the first non-azeotropic
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`refrigerant” (line 23) lacks antecedent basis.
`
`In regard to claims 12-15, the recitation, “A refrigeration apparatus” is improper
`
`as it does not properly recite “The apparatus”.
`
`Claim Rejections - 35 USC § 103
`
`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.
`
`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.
`
`Claims 1, 5, 8, 10, 12-15 are rejected under pre-AIA 35 U.S.C. 103(a) as being obvious
`
`over Takemasa (US 4788829) in view of Takami (JP 05340619).
`
`In regard to claims 1, 5, 8, 10, Takemasa teaches a refrigeration apparatus
`
`comprising: a high temperature refrigerant circuit (2) having an independent (column 4,
`
`line 19) closed circuit (column 4, line 18) and a compressor (4), an evaporator (14A,
`
`

`

`Application/Control Number: 12/300,706
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`Page 6
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`Art Unit: 3744
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`14B), and a condenser (8); a low temperature refrigerant circuit (3) having a mixed
`
`refrigerant (column 6, line 5-15) in an independent (column 4, line 19) closed circuit
`
`(column 4, line 18) and a compressor (10), an evaporator (47), and a condenser (23A,
`
`238); a cascade heat exchanger (23A, 23B, 14A, 148) having the evaporator of the
`
`high temperature refrigerant circuit (2) and the condenser of the low temperature
`
`refrigerant circuit (3); wherein the low temperature refrigerant circuit (3) has a plurality of
`
`intermediate heat exchangers (44, 42, 32), a plurality of pressure reducing units (36, 40,
`
`46), a radiator (17), an oil separator (18); the low temperature refrigerant circuit (3) is
`
`fully capable of all of the functional limitations as claimed, including providing a
`
`temperature of -150 C (column 7, line 19), condensing a portion of a first refrigerant of
`
`the low temperature mixed refrigerant, etc.
`
`It is further noted that the use of any
`
`particular refrigerant in either the low or high temperature circuits is purely a functional
`
`use of the system and does not distinguish the claimed invention from the structure of
`
`Takemasa.
`
`Takemasa teaches most of the claim limitations including an expansion tank (51)
`
`and that when an operation of the compressor is stopped, the mixed refrigerant in the
`
`low temperature side refrigerant circuit is collected in the expansion tank (51) via a
`
`capillary tube (52; column 6, line 1-5) but does not teach using a check valve therewith.
`
`However, providing a check valve is well known and obvious for providing flow control.
`
`Takami, for example, teaches that the expansion tank (26) employs a check valve (29)
`
`for the purpose of providing improved flow to the tank when the compressor is stopped
`
`while still permitting flow through capillary when the compressor is energized.
`
`

`

`Application/Control Number: 12/300,706
`
`Page 7
`
`Art Unit: 3744
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`Therefore, it would have been obvious to one of ordinary skill in the art, at the time the
`
`invention was made, to modify tank (51) of Takemasa with a capillary tube and check
`
`valve in parallel thereby providing reduced frequency of stopping and starting of the
`
`compressor, improved efficiency, and to allow the pressures to decrease quickly in the
`
`circuit when the compressor is stopped while still permitting flow through capillary when
`
`the compressor is energized.
`
`Note in regard to claim 12, that the apparatus includes an evaporator (47)
`
`provided downstream of the condenser (23A, 23B), wherein the condensed refrigerant
`
`enters the evaporator (47) and the second non-azeotropic refrigerant evaporates in the
`
`evaporator (47; column 6, line 55-60). Note in regard to claim 13, the apparatus having
`
`intermediate heat exchangers (44, 42, 32). Note in regard to claims 14-15, the second
`
`non-azeotropic refrigerant has a boiling point lower than (-150C - see R-50).
`
`Claims 1, 5, 8, 10-15 are rejected under pre-AIA 35 U.S.C. 103(a) as being obvious
`
`over Takemasa (US 4788829) in view of Takami (JP 05340619) and Yuzawa (US
`
`2006/0123805).
`
`In regard to claims 1, 5, 8, 10, 11, Takemasa teaches a refrigeration apparatus
`
`and method comprising: a high temperature refrigerant circuit (2) having an independent
`
`(column 4, line 19) closed circuit (column 4, line 18) and a compressor (4), an
`
`evaporator (14A, 14B), and a condenser (8); a low temperature refrigerant circuit (3)
`
`having a mixed refrigerant (column 6, line 5-15) in an independent (column 4, line 19)
`
`closed circuit (column 4, line 18) and a compressor (10), an evaporator (47), and a
`
`

`

`Application/Control Number: 12/300,706
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`Page 8
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`Art Unit: 3744
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`condenser (23A, 238); a cascade heat exchanger (23A, 23B, 14A, 148) having the
`
`evaporator of the high temperature refrigerant circuit (2) and the condenser of the low
`
`temperature refrigerant circuit (3); wherein the low temperature refrigerant circuit (3) has
`
`a plurality of intermediate heat exchangers (44, 42, 32), a plurality of pressure reducing
`
`units (36, 40, 46), a radiator (17), an oil separator (18). Takemasa teaches that the low
`
`temperature refrigerant circuit (3) performs most of the method step limitations as
`
`claimed, including that the mixed refrigerant has a second refrigerant having a boiling
`
`point lower than the boiling point of R-600 (see R-50 — column 6, line 8-10), and further
`
`that the radiator does not liquefy the second refrigerant (column 6, line 8-10, 41 -50,
`
`column 5, line 19) and does liquefy at least a portion of a first refrigerant (column 6, line
`
`41 -50); and teaches that the refrigerant mixture is non-azeotropic (interpreted to mean
`
`that the mixture has components that have different boiling points).
`
`Takemasa teaches most of the claim limitations including an expansion tank (51)
`
`and that when an operation of the compressor is stopped, the mixed refrigerant in the
`
`low temperature side refrigerant circuit is collected in the expansion tank (51) via a
`
`capillary tube (52; column 6, line 1-5) but does not teach using a check valve therewith.
`
`However, providing a check valve is well known and obvious for providing flow control.
`
`Takami, for example, teaches that the expansion tank (26) employs a check valve (29)
`
`for the purpose of providing improved flow to the tank when the compressor is stopped
`
`while still permitting flow through capillary when the compressor is energized.
`
`Therefore, it would have been obvious to one of ordinary skill in the art, at the time the
`
`invention was made, to modify tank (51) of Takemasa with a capillary tube and check
`
`

`

`Application/Control Number: 12/300,706
`
`Page 9
`
`Art Unit: 3744
`
`valve in parallel thereby providing reduced frequency of stopping and starting of the
`
`compressor, improved efficiency, and to allow the pressures to decrease quickly in the
`
`circuit when the compressor is stopped while still permitting flow through capillary when
`
`the compressor is energized.
`
`Takemasa does not explicitly teach that the mixed refrigerant of the low
`
`temperature refrigerant circuit (3) comprises first refrigerant being R-600. However,
`
`providing R-600 as a first refrigerant and providing a second non-azeotropic refrigerant
`
`to a mixed refrigerant is well known in the art as explicitly taught by Yuzawa (see R-600
`
`and R-50 in abstract, para. 8, 10, teaching to use these in a low temperature refrigerant
`
`circuit for the purpose of providing low temperatures — para. 3). Therefore, it would have
`
`been obvious to one of ordinary skill in the art, at the time the invention was made, to
`
`modify the low temperature refrigerant mixture with Takemasa with a mixed refrigerant
`
`that is well performing, can operate to produce low temperatures, and is safe as taught
`
`by Yuzawa.
`
`Note in regard to claim 12, that the apparatus includes an evaporator (47)
`
`provided downstream of the condenser (23A, 238), wherein the condensed refrigerant
`
`enters the evaporator (47) and the second non-azeotropic refrigerant evaporates in the
`
`evaporator (47; column 6, line 55-60). Note in regard to claim 13, the apparatus having
`
`intermediate heat exchangers (44, 42, 32). Note in regard to claims 14-15, the second
`
`non-azeotropic refrigerant has a boiling point lower than (-150C - see R-50).
`
`

`

`Application/Control Number: 12/300,706
`
`Page 10
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`Art Unit: 3744
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`Claims 1, 5, 8, 10-15 are rejected under pre-AlA 35 U.S.C. 103(a) as being obvious
`
`over Takemasa (US 4788829) in view of Takami (JP 05340619) and Takemasa (US
`
`6363741)
`
`In regard to claims 1, 5, 8, 10, 11, Takemasa teaches a refrigeration apparatus
`
`and method comprising: a high temperature refrigerant circuit (2) having an independent
`
`(column 4, line 19) closed circuit (column 4, line 18) and a compressor (4), an
`
`evaporator (14A, 14B), and a condenser (8); a low temperature refrigerant circuit (3)
`
`having a mixed refrigerant (column 6, line 5-15) in an independent (column 4, line 19)
`
`closed circuit (column 4, line 18) and a compressor (10), an evaporator (47), and a
`
`condenser (23A, 23B); a cascade heat exchanger (23A, 23B, 14A, 14B) having the
`
`evaporator of the high temperature refrigerant circuit (2) and the condenser of the low
`
`temperature refrigerant circuit (3); wherein the low temperature refrigerant circuit (3) has
`
`a plurality of intermediate heat exchangers (44, 42, 32), a plurality of pressure reducing
`
`units (36, 40, 46), a radiator (17), an oil separator (18).
`
`Takemasa teaches most of the claim limitations including an expansion tank (51)
`
`and that when an operation of the compressor is stopped, the mixed refrigerant in the
`
`low temperature side refrigerant circuit is collected in the expansion tank (51) via a
`
`capillary tube (52; column 6, line 1-5) but does not teach using a check valve therewith.
`
`However, providing a check valve is well known and obvious for providing flow control.
`
`Takami, for example, teaches that the expansion tank (26) employs a check valve (29)
`
`for the purpose of providing improved flow to the tank when the compressor is stopped
`
`while still permitting flow through capillary when the compressor is energized.
`
`

`

`Application/Control Number: 12/300,706
`
`Page 11
`
`Art Unit: 3744
`
`Therefore, it would have been obvious to one of ordinary skill in the art, at the time the
`
`invention was made, to modify tank (51) of Takemasa with a capillary tube and check
`
`valve in parallel thereby providing reduced frequency of stopping and starting of the
`
`compressor, improved efficiency, and to allow the pressures to decrease quickly in the
`
`circuit when the compressor is stopped while still permitting flow through capillary when
`
`the compressor is energized.
`
`Takemasa teaches that the low temperature refrigerant circuit (3) performs most
`
`of the method step limitations as claimed, including that the mixed refrigerant has a
`
`second refrigerant having a boiling point lower than the boiling point of R-600 (see R50
`
`— column 6, line 8-10), and further that the radiator does not liquefy the second
`
`refrigerant (column 6, line 8-10, 41-50, column 5, line 19) and does liquefy at least a
`
`portion of a first refrigerant (column 6, line 41 -50); and teaches that the refrigerant
`
`mixture is non-azeotropic (interpreted to mean that the mixture has components that
`
`have different boiling points) and otherwise teaches most of the claim limitations but
`
`does not explicitly teach that the mixed refrigerant of the low temperature refrigerant
`
`circuit (3) comprises first refrigerant being n-pentane. However, providing n-pentane as
`
`a first refrigerant to a mixed refrigerant is well known in the art as explicitly taught by
`
`Takemasa (741) (column 2, line 36; column 3, line 6). Therefore, it would have been
`
`obvious to one of ordinary skill in the art, at the time the invention was made, to modify
`
`the low temperature refrigerant mixture with Takemasa with n-pentane to provide a
`
`mixture that is environmentally safe and compatible with compressor oil and is
`
`operationally safe as taught by Takemasa (741 ).
`
`

`

`Application/Control Number: 12/300,706
`
`Page 12
`
`Art Unit: 3744
`
`Note in regard to claim 12, that the apparatus includes an evaporator (47)
`
`provided downstream of the condenser (23A, 23B), wherein the condensed refrigerant
`
`enters the evaporator (47) and the second non-azeotropic refrigerant evaporates in the
`
`evaporator (47; column 6, line 55-60). Note in regard to claim 13, the apparatus having
`
`intermediate heat exchangers (44, 42, 32). Note in regard to claims 14-15, the second
`
`non-azeotropic refrigerant has a boiling point lower than (-150C - see R-50).
`
`Claims 1, 5, 8, 10-15 are rejected under pre-AlA 35 U.S.C. 103(a) as being obvious
`
`over Takemasa (US 4788829) in view of Takami (JP 05340619) and Weng (US
`
`2004/0124394).
`
`In regard to claims 1, 5, 8, 10, 11, Takemasa teaches a refrigeration apparatus
`
`and method comprising: a high temperature refrigerant circuit (2) having an independent
`
`(column 4, line 19) closed circuit (column 4, line 18) and a compressor (4), an
`
`evaporator (14A, 14B), and a condenser (8); a low temperature refrigerant circuit (3)
`
`having a mixed refrigerant (column 6, line 5-15) in an independent (column 4, line 19)
`
`closed circuit (column 4, line 18) and a compressor (10), an evaporator (47), and a
`
`condenser (23A, 23B); a cascade heat exchanger (23A, 23B, 14A, 14B) having the
`
`evaporator of the high temperature refrigerant circuit (2) and the condenser of the low
`
`temperature refrigerant circuit (3); wherein the low temperature refrigerant circuit (3) has
`
`a plurality of intermediate heat exchangers (44, 42, 32), a plurality of pressure reducing
`
`units (36, 40, 46), a radiator (17), an oil separator (18).
`
`

`

`Application/Control Number: 12/300,706
`
`Page 13
`
`Art Unit: 3744
`
`Takemasa teaches most of the claim limitations including an expansion tank (51)
`
`and that when an operation of the compressor is stopped, the mixed refrigerant in the
`
`low temperature side refrigerant circuit is collected in the expansion tank (51) via a
`
`capillary tube (52; column 6, line 1-5) but does not teach using a check valve therewith.
`
`However, providing a check valve is well known and obvious for providing flow control.
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`Takami, for example, teaches that the expansion tank (26) employs a check valve (29)
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`for the purpose of providing improved flow to the tank when the compressor is stopped
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`while still permitting flow through capillary when the compressor is energized.
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`Therefore, it would have been obvious to one of ordinary skill in the art, at the time the
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`invention was made, to modify tank (51) of Takemasa with a capillary tube and check
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`valve in parallel thereby providing reduced frequency of stopping and starting of the
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`compressor, improved efficiency, and to allow the pressures to decrease quickly in the
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`circuit when the compressor is stopped while still permitting flow through capillary when
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`the compressor is energized.
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`Takemasa teaches that the low temperature refrigerant circuit (3) performs most
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`of the method step limitations as claimed, including that the mixed refrigerant has a
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`second refrigerant having a boiling point lower than the boiling point of R-600 (see R50
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`— column 6, line 8-10), and further that the radiator does not liquefy the second
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`refrigerant (column 6, line 8-10, 41-50, column 5, line 19) and does liquefy at least a
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`portion of a first refrigerant (column 6, line 41 -50); and teaches that the refrigerant
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`mixture is non-azeotropic (interpreted to mean that the mixture has components that
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`have different boiling points) and otherwise teaches most of the claim limitations but
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`

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`Application/Control Number: 12/300,706
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`Page 14
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`Art Unit: 3744
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`does not explicitly teach that the mixed refrigerant of the low temperature refrigerant
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`circuit (3) comprises first refrigerant being R-600. However, providing R-600 as a first
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`refrigerant to a mixed refrigerant is well known in the art as explicitly taught by Weng
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`(para. 27). Therefore, it would have been obvious to one of ordinary skill in the art, at
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`the time the invention was made, to modify the low temperature refrigerant mixture with
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`Takemasa with R-600 to provide a mixture that is environmentally safe and compatible
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`with compressor oil and is operationally safe as taught by Weng.
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`Note in regard to claim 12, that the apparatus includes an evaporator (47)
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`provided downstream of the condenser (23A, 238), wherein the condensed refrigerant
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`enters the evaporator (47) and the second non-azeotropic refrigerant evaporates in the
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`evaporator (47; column 6, line 55-60). Note in regard to claim 13, the apparatus having
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`intermediate heat exchangers (44, 42, 32). Note in regard to claims 14-15, the second
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`non-azeotropic refrigerant has a boiling point lower than (-150C - see R-50).
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`Applicant's arguments filed 7/17/2015 have been fully considered but they are not
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`Response to Arguments
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`persuasive.
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`1. Applicant's argument (page 9-10) is an allegation that the amendments have
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`overcome the previous deficiencies.
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`In response it is noted that issues still remain as
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`detailed above and the applicant is encouraged to carefully rectify all these issues.
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`

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`Application/Control Number: 12/300,706
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`Page 15
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`Art Unit: 3744
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`2. Applicant's argument (page 11-13) are that the amendment overcomes the
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`prior art.
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`In response it is noted that the rejection above shows that the prior art makes
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`obvious the claimed invention.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to John Frank Pettitt, III whose telephone number is (571)
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`272-0771. The examiner can normally be reached on M-F 8a-4p.
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`If attempts to reach
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`the examiner by telephone are unsuccessful, the examiner’s supervisor, Cheryl Tyler
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`can be reached on 571 -272-4834. The fax phone number for the organization where
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`this application or proceeding is assigned is 571-273-8300.
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`status of an application may be obtained from the Patent Application Information
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`applications is available through Private PAIR only. For more information about the
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`the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-
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`Representative or access to the automated information system, call 800-786-9199 (IN
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`USA OR CANADA) or 571-272—1000.
`
`/John Frank Pettitt, Ill/
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`Primary Examiner, Art Unit 3744
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`JFP III
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`November 18, 2015
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`