Application No. 14/668,974
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`Docket No.: 095306-0013
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`Introduction
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`REMARKS
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`Claims 1-7 are pending, of which claim 1 is independent. No amendment has been made
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`to the claims in this Response.
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`Patentability under 35 U.S.C. § 103(a)
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`Claims 1-3 were rejected under 35 U.S.C. § 103(a) as being unpatentable over Takasugi
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`(US 2004/0118145) as evidenced by van Wijngaarden (US 2008/018473 5) in view of Yuzawa
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`(US 6,951,115). Alternatively, claim 1 was rejected under 35 U.S.C. § 103(a) as being
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`unpatentable over Takasugi as evidenced by van Wijngaarden in view of Takemasa (US
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`5,351,499). These rejections are traversed for at least the following reasons.
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`Applicant submits that, at a minimum, none of the cited references disclose or suggest
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`that the hydrocarbon having a boiling point of -80°C or lower consists of ethane, and
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`the oil return agent is contained in an amount of from 0.1 to 14 mass% with respect to the
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`fillings, as recited by claim 1.
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`The Examiner asserted that Takasugi discloses a binary refrigeration apparatus in which
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`the high temperature refrigeration cycle is filled with propane and a refrigerator oil and the low
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`temperature refrigeration cycle is filled with a refrigerant including a hydrocarbon having a
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`boiling point of —80°C or lower and a refrigerator oil, and the low temperature refrigeration cycle
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`does not include an oil separator. In particular, with respect to “the hydrocarbon having a boiling
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`point of —80°C or lower consists of ethane” of claim 1, the Examiner asserted that paragraph
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`[0047] of Takasugi discloses this feature. Applicant disagree.
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`Paragraph [0047] of Takasugi discloses as follows (emphasis added):
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`Application No. 14/668,974
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`Docket No.: 095306—0013
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`[0047] As a refrigerant which fills the low-temperature side refrigerant circuit L,
`R744A (nitride suboxide), R170 (ethane), a mixed refrigerant of R740 (argon), R50
`(methane), R14 (tetrafluoromethane) and R23 (trifluoromethane) gr the like may be
`used.
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`Based on natural reading of this paragraph, it is possible to interpret that the low-temperature
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`side refrigerant includes ALL OF R744A, R170, R740, R50, R14 $12!! R23. Even if this
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`paragraph merely lists examples of refrigerant, paragraph [0055] discloses that the low-
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`temperature side refrigerant is R508A (mixed refrigerant in which R23 and R116
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`(hexafluoroethane) as FC containing only fluorine and carbon are mixed at a mass ratio of 39:61).
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`Takasugi never discloses that only one type of refrigerant is used. In View of paragraph [005 5]
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`disclosing a mixed use of different refrigerants, there is no reason or basis to interpret that only
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`one of R744A, R170, R740, R50, R14 93 R23 (in particular only R170 (ethane)) is used as a
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`refrigerant. Thus, Takasugi fails to disclose that the low-temperature side refrigerant consists of
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`one hydrocarbon, e. g., ethane.
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`In addition, none of the cited references disclose or suggest that the oil return agent is
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`contained in an amount of from 0.1 to 14 mass% with respegLLo the ethane. Yuzawa and
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`Takemasa merely disclose an amount of an oil return agent with respect to a refrigerant including
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`HFC, not ethane. Yuzawa at most discloses that n—pentane is contained at 01-12 wt% m
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`respect to fluorocarbon based refrigerant (see, col. 1, lines 46-59 of Yuzawa), and Takemasa at
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`most discloses that n—pentene or propane is contained at 01—14% with respect to
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`trifluoromethane and hexafluoroethane (see, col. 2, lines 14-16 of Takemasa). ‘
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`Since the base refrigerant of Yuzawa and Takemasa is different from ethane, there is no
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`reasonable expectation of success to apply the ranges disclosed by Yuzawa and Takemasa to
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`arrive at the claimed subject matter. Thus, even if Yuzawa or Takemasa was combined with
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`Application No. 14/668,974
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`Docket No.: 095306-0013
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`Takasugi, there is no motivation or suggestion to arrive at the claimed subject matter “the oil
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`return agent is contained in an amount of from 0.1 to 14 mass% with respect to the ethane.”
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`As such, claim 1 and all claims dependent thereon are patentable over the cited references.
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`CONCLUSION
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`Having fully responded to all matters raised in the Office Action, Applicants submit that
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`all claims are in condition for allowance, an indication for which is respectfully solicited. If
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`there are any outstanding issues that might be resolved by an interview or an Examiner’s
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`amendment, the Examiner is requested to call Applicants’ attorney at the telephone number
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`shown below.
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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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`Respectfully submitted,
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`McDERMOTT WILL & EMERY LLP
`\/
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`Takashi Saito
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`Registration No. 69,536
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`Please recognize our Customer No. 20277
`as our correspondence address.
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`500 North Capitol Street, NW.
`Washington, DC 20001—1531
`Phone: 202.756.8000 MEF:TS:
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`Facsimile: 202.756.8087
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`Date: April 11, 2018
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`DM__US 90495330-10953060013
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