`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`CONF {MATION NO.
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`12/300,706
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`09/23/2009
`
`Katsuji Takasugi
`
`080481
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`1825
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`23850
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`7590
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`07/17/2013
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`KRATZ,QUINTOS&HANSON,LLP
`1420 K Street, NW.
`4th Floor
`
`WASHINGTON, DC 20005
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`LANDEROS, IGNACIO EMMANUEL
`ART UNIT
`PAPER NUMBER
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`3744
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`MAIL DATE
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`07/17/2013
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 12/300,706 TAKASUGII, KATSUJI
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`IGNACIO E. LANDEROS [SENS 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 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`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).
`
`Status
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`1)IZI Responsive to communication(s) filed on 16 January 2013.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI 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
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)IZI Claim(s) 1 and2is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)1,_2is/are rejected.
`8)|:I Claim(s)
`is/are objected to.
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`
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`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
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`participating intellectual property office for the corresponding application. For more information, please see
`
`
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`:/'I’vaIW.usnI‘.0. ovI’ atentS/init events/
`hI/index.‘s orsend an inquiryto PPI-iieedback{®usgtc.00v.
`
`hit
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`Application Papers
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`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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some * c)I:l None of the:
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`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
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`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.
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`Attachment(s)
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`1) D Notice of References Cited (PTO-892)
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`3) D Interview Summary (PTO-413)
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`Paper N°ISI/Ma" Date' —
`PTO/SB/08
`t
`t
`St
`I
`D'
`I'
`f
`2 I] I
`)
`4) I:I Other:
`a emen (s) (
`Isc osure
`n orma Ion
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`Paper No(s)/Mai| Date
`U.S. Patent and Trademark Office
`PTOL—326 (Rev. 05-13)
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`Part of Paper No./Mai| Date 20130709
`
`Office Action Summary
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`

`

`Application/Control Number: 12/300,706
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`Page 2
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`Art Unit: 3744
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`DETAILED ACTION
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`This action is in response to the amendment filed on 01/16/2013. Claim 2 has
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`been amended; claims 1 and 2 are currently pending.
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`Information Disclosure Statement
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`The information disclosure statement filed 02/22/2011 fails to comply with 37
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`CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document;
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`each non-patent literature publication or that portion which caused it to be listed; and all
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`other information or that portion which caused it to be listed.
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`It has been placed in the
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`application file, but the information referred to therein has not been considered.
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`In this
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`case, the Japanese Office Action was not considered because no English translation
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`was filed.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(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.
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`The factual
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`inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
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`USPQ 459 (1966),
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`that are applied for establishing a background for determining
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`obviousness under 35 U.S.C. 103(a) are summarized as follows:
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`1.
`2.
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`Determining the scope and contents of the prior art.
`Ascertaining the differences between the prior art and the claims at issue.
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`

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`Application/Control Number: 12/300,706
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`Page 3
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`Art Unit: 3744
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`3.
`4.
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`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence present
`in the application indicating
`obviousness or nonobviousness.
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`Claims 1 and 2 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Takemasa et al. (US Pat. No. 4,788,829, herein referred to as "Takemasa"), in view of
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`Hashizume (US Pat. No. 4,777,805).
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`Regarding claim 1, Figure 1 of Takemasa clearly discloses a refrigeration
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`apparatus (also, see title and abstract) comprising a high-temperature-side refrigerant
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`circuit
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`(2) and a low-temperature-side refrigerant circuit
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`(3) each constituting an
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`independent refrigerant closed circuit (see fig. 1) in which a refrigerant discharged from
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`a compressor (4, 10) is condensed (8, 23A, 23B) and then evaporated (14A, 14B, 32,
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`42, 44, 47) to exert a cooling function (implicit), the low-temperature-side refrigerant
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`circuit (3) having the compressor (10), a condenser (23A, 23B), an evaporator (47), and
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`a plurality of intermediate heat exchangers (32, 42, 44) and a plurality of pressure
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`reducing units (36, 40, 46) connected in series so that the refrigerant fed back from the
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`evaporator (47) circulates (implicit), wherein a plurality of types refrigerants (R-12,
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`R13B1, R-14, etc) (see col. 6, lns. 4-17) are introduced, a condensed refrigerant in the
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`refrigerants passed through the condenser (23A, 23B) is allowed to join the intermediate
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`heat exchangers (32, 42, 44) through the pressure reducing units (36, 40, 46), a non-
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`condensed refrigerant in the refrigerants is cooled by the intermediate heat exchangers
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`(32, 42, 44) to successively condense the refrigerant having a lower boiling point (col. 6,
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`ln. 46-col. 7, In. 24), the refrigerant having the lowest boiling point is allowed to flow into
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`

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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 evaporator through the final stage of the pressure reducing units (46), an evaporator
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`of the high-temperature-side refrigerant
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`(14A, 14B) and the condenser of the low-
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`temperature-side refrigerant circuit (23A, 23B) constitutes a cascade heat exchanger
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`(col. 6,
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`lns. 30-32), and the evaporator (47) of the low-temperature-side refrigerant
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`circuit is configured to obtain an extremely low temperature (-140 C) (col. 7, lns. 17-24),
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`the refrigeration apparatus further comprising an oil separator (18) provided on the
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`discharge side of the compressor (10) of the low-temperature refrigerant circuit (3) so
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`that oil is separated from the mixed refrigerants to return the oil (via stream 19) to the
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`compressor (10), and a radiator (17) interposed between the oil separator (18) and the
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`compressor (10).
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`Takemasa discloses the claimed invention, except that the plurality of cascading
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`mixed refrigerants (i.e. R-12, R13B1, R-14, etc)
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`(see col. 6,
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`lns. 4-17) are non-
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`azeotropic mixed refrigerants.
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`Hashizume, however, discloses a cascade refrigeration system that uses non-
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`azeotropic mixed refrigerants (see col. 1,
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`lns. 48-59). Therefore it would have been
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`obvious to one of ordinary skill
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`in the art at the time the invention was made to modify
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`the plurality of cascading mixed refrigerants (see col. 6, lns. 4-17) of Takemasa to be
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`non-azeotropic mixed refrigerants, as taught by Hashizume,
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`for
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`the purpose of
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`suppressing irreversible energy losses (see col. 1, lns. 58-59 - Hashizume).
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`Regarding claim 2, Takemasa, as modified, discloses the claimed invention.
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`Hashizume further discloses the non-azeotropic refrigerant mixture to include a
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`refrigerant that has a different boiling point and solubility than that of another 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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`in the non-azeotropic refrigerant mixture (inherent
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`to a non-azeotropic refrigerant
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`mixture).
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`Response to Arguments
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`Applicant’s arguments with respect to claim 1 have been considered but are not
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`persuasive.
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`Applicant argues that Takemasa and Hashizume fail
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`to disclose the invention
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`because Applicant alleges that Takemasa does not disclose "the refrigeration apparatus
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`further comprising an oil separator provided on the discharge side of the compressor of
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`the low-temperature refrigerant circuit so that oil
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`is separated from the mixed
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`refrigerants to return the oil to the compressor, and a radiator interposed between the oil
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`separator and the compressor.”
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`In response,
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`it is noted that the allegation is false since figure 1 of Takemasa
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`shows that
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`there is an oil separator (18) provided on the discharge side of
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`the
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`compressor (10) of the low-temperature refrigerant circuit (3) so that oil
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`is separated
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`from the mixed refrigerants to return the oil (via stream 19) to the compressor (10), and
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`a radiator (17) interposed between the oil separator (18) and the compressor (10).
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`Thus, claims 1 and 2 are unpatentable over Takemasa in view of Hashizume.
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`Therefore, the argument is unpersuasive.
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`Conclusion
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`

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`Application/Control Number: 12/300,706
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`Page 6
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`Art Unit: 3744
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`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
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`than SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to IGNACIO E. LANDEROS whose telephone number is
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`(571)270-1875. The examiner can normally be reached on Monday-Friday from 9am-
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`5pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Judy Swann can be reached on (571) 272-7075. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval
`
`(PAIR) system.
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`Status information for published
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`applications may be obtained from either Private PAIR or Public PAIR.
`
`Status
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`information for unpublished applications is available through Private PAIR only.
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`For
`
`more information about the PAIR system, see http://pair-direct.uspto.gov. Should you
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`have questions on access to the Private PAIR system, contact the Electronic Business
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`Center (EBC) at 866-217-9197 (toll-free).
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`If you would like assistance from a USPTO
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`

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`Application/Control Number: 12/300,706
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`Page 7
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`Art Unit: 3744
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`Customer Service Representative or access to the automated information system, call
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`800-786-9199 (IN USA OR CANADA) or 571 -272—1 000.
`
`/|. E. L./
`
`/John F Pettitt/
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`Examiner, Art Unit 3744
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`Primary Examiner, Art Unit 3744
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`