`
`Docket No.: 095306-0013
`
`Introduction
`
`REMARKS
`
`Claims 1-7 are pending, of which claim 1 is independent.
`
`Claims 1 and 2 have been amended to correct informalities in the claim language and to
`
`more clearly define the claimed subject matter. Claims 4-7 have been added. No new matter has
`
`been added.
`
`Patentability under 35 U.S.C. § 103(a)
`
`Claims 1-3 were rejected under 35 U.S.C. § 103(a) as being unpatentable over Takasugi
`
`(US 2004/0118145) as evidenced by van Wijngaarden (US 2008/0184735) in View of Yuzawa
`
`(US 6,951,115). Alternatively, claim 1 was rejected under 35 U.S.C. § 103(a) as being
`
`unpatentable over Takasugi as evidenced by van Wijngaarden in view of Takemasa (US
`
`5,351,499). These rejections are traversed for at least the following reasons.
`
`Applicant submits that, at a minimum, none of the cited references disclose or suggest
`
`that the hydrocarbon having a boiling point of —80°C or lower consists of ethane, and
`
`the oil return agent is contained in an amount of from 0.1 to 14 mass% with respect to the ethane,
`
`as recited by claim 1.
`
`The Examiner asserted that Takasugi discloses a binary refrigeration apparatus in which
`
`the high temperature refrigeration cycle is filled with propane and a refrigerator oil and the low
`
`temperature refrigeration cycle is filled with a refrigerant including a hydrocarbon having a
`
`boiling point of —80°C or lower and a refrigerator oil, and the low temperature refrigeration cycle
`
`does not include an oil separator.
`
`DMvUS 82031856-10953060013
`
`4
`
`
`
`Application No. 14/668,974
`
`Docket No.: 095306-0013
`
`Takasugi appears to disclose that “[a]s 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) or the like may be
`
`used” at paragraph [0047]. However, Takasugi fails to disclseo that the hydrocarbon of the
`
`refrigerant consists of ethane. In fact, Takasugi discloses that R508A (mixed refrigerant in
`
`which R23 and R116 (hexafluoroethane) as FC containing only fluorine and carbon are mixed at
`
`a mass ratio of 39:61) which boiling point is about -86 °C per atmospheric pressure is sealed in a
`
`low-temperature side refrigerant circuit L, at paragraph [0055].
`
`Regarding the oil return agent, the Examiner asserted that Yuzawa or Takemasa discloses
`
`the use of n—pentane (or propane) as an oil return agent in an amount of 01—12% or 01-14%.
`
`However, Yuzawa at most discloses that n—pentane is contained at 01—12 wt% w_it_h
`
`respect to fluorocarbon based refrigerant (see, col. 1, lines 46-59 of Yuzawa), and Takemasa at
`
`most discloses that n—pentene or propane is contained at 01—14% with respect to
`
`trifluoromethane and hexafluoroethane (see, col. 2, lines 14-16 of Takemasa).
`
`None of the cited referenced disclose or suggest the amount of the oil return agent with
`
`respect to ethane, and there is no motivation or suggestion to arrive at the claimed configuration
`
`based on the disclosures of the cited reference without referring to the present application. As
`
`such, claim 1 and all claims dependent thereon are patentable over the cited references.
`
`New claims
`
`Since none of the cited references disclose or suggest the features of claims 4—7, claims 4-
`
`7 are patentable over the cited references.
`
`DMAUS 82031856-10953060013
`
`5
`
`
`
`Application No. 14/668,974
`
`Docket No.: 095306-0013
`
`CONCLUSION
`
`Having fully responded to all matters raised in the Office Action, Applicants submit that
`
`all claims are in condition for allowance, an indication for which is respectfully solicited. If
`
`there are any outstanding issues that might be resolved by an interview or an Examiner’s
`
`amendment, the Examiner is requested to call Applicants’ attorney at the telephone number
`
`shown below.
`
`To the extent necessary, a petition for an extension of time under 37 CPR. § 1.136 is
`
`hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
`
`including extension of time fees, to Deposit Account 500417 and please credit any excess fees to
`
`such deposit account.
`
`Respectfully submitted,
`
`MCDERMOTT WILL & EMERY LLP
`
`Win
`
`
`
`Takashi Saito
`
`Registration No. 69,536
`
`Please recognize our Customer No. 20277
`as our correspondence address.
`
`500 North Capitol Street, NW.
`Washington, DC 20001-1531
`Phone: 202.756.8000 MEFzTS:
`
`Facsimile: 202.756.8087
`
`Date: May 22, 2017
`
`DM_US 82031856-10953060013
`
`6
`
`
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