Application No.: 14/868,384
`Office Action issued July 21, 2017
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`Docket No.: 050002—0034
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`Introduction
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`REMARKS
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`Claims 1-14 are pending in this application, of which claims 1 and 2 are independent. No
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`claim has been amended in this response.
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`Entry of various comments regarding the claims and/or the art, in the Office Action, should
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`not be construed as any acquiescence or agreement by Applicants with the stated reasoning,
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`regardless of whether or not these remarks specifically address any particular comment from the
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`Office Action.
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`Reconsideration of this application for allowance of all pending claims is hereby respectfully
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`requested in View of the following remarks.
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`Allowable Subject Matter
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`Applicants acknowledge, with thanks, that claims 5 and 6 contain allowable subject matter.
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`Objection to the Disclosure
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`The abstract of the disclosure has been objected to.
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`Without conceding the Examiner’s assertion, Applicants have amended the abstract.
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`Applicant believes that
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`the amendments are fully responsive to the Examiner’s concerns.
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`Withdrawal of the objection to the disclosure is, therefore, respectfully solicited.
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`Claim Re'ection Under 35 U.S.C.
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`103
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`Claims 1 and 3 have been rejected under 35 U.S.C. § 103 as being unpatentable over Wang,
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`et al. (US. Patent Application Publication No. 2011/0072836, hereafter “Wang”) in View of
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`Backman, er al. (US. Patent No. 6,467,279, hereinafter “Backman”). Claims 7 and 8 have been
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`rejected under 35 U.S.C. § 103 as being unpatentable over Wang and Backman as applied to claim 1
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`Application N0.: 14/868,384
`Office Action issued July 21, 2017
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`Docket N0.: 050002—0034
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`in the Office Action, and further in view of Takemasa (JPH05287263A; hereinafter “Takemasa”).
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`Claims 9 and 10 have been rejected under 35 U.S.C. § 103 as being unpatentable over Wang and
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`Backman as applied to claim 1 in the Office Action, and further in View of Van Horn, er al. (US.
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`Patent Application Publication No. 2010/0326095; hereinafter “Van Horn”). Claims 2 and 4 have
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`been rejected under 35 U.S.C. § 103 as being unpatentable over Backman and Kaminura, et al.
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`(US. Patent Application Publication No. 2004/0123608; hereinafter “Kaminura”) in view of Wang.
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`Claims 11 and 12 have been rejected under 35 U.S.C. § 103 as being unpatentable over Backman,
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`Kaminura, and Wang as applied to claim 2 in the Office Action, further in view of Takemasa.
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`Claims 13 and 14 have been rejected under 35 U.S.C. § 103 as being unpatentable over Backman,
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`Kaminura, and Wang as applied to claim 2 in the Office Action, further in view of Van Horn.
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`Applicants respectfully traverse all of the rejections for at least the following reasons.
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`In the Office Action,
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`the Examiner relied on at
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`least Wang and Backman to reject
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`independent claims 1 and 2.
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`As noted by the Examiner (see line 7—11 of page 4 of the Office Action), Wang discloses in
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`paragraph [0024}: “The freezer 10 of FIG.
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`1
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`includes a deck 14 that supports a cabinet 16
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`thereabove, for storing items that require cooling to temperatures of about -80°C or lower, for
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`example. The cabinet 16, in turn, includes a cabinet housing 16a and a door 16b providing access
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`into an interior 16c of the cabinet 16. The deck 14 supports one or more components that jointly
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`define a two—stage cascade refrigeration system 20 (FIG. 2) that thermally interacts with cabinet 16
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`to cool the interior 160 thereof.”
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`On the other hand, Backman discloses in column 5,
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`lines 16—21 that R-134a, and other
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`refrigeration fluids suitable for
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`the secondary system identified by Backman, provides ag
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`Application No.: 14/868,384
`Office Action issued July 21, 2017
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`Docket No.: 0500020034
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`operational range from about -40°F to +80°F gi.e., —400C to 27°C), outside of the range disclosed by
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`Wang and also outside of the claimed range.
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`Accordingly, the proposed modification to Wang based on Backman or to Backman based
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`on Wang, would have no expectation of success, because of the temperature ranges the two
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`references do not overlap with each other and are not even close to each other. Obviousness does
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`not require absolute predictability, however, at least some degree of predictability is required.
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`Evidence showing there was no reasonable expectation of success may support a conclusion of
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`nonobviousness. In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976). Accordingly, the
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`combinations of Wang and Backman cannot render the features recited in claims 1 and 2 obvious.
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`Further, assuming, arguendo, that Wang could be modified by using the refrigeration fluids
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`of Backman, the modification at most would achieve a refrigerating capacity of «40°C but cannot
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`meet the claimed subject matter.
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`Since all of the other references fail to cure the above deficiencies of Wang and Backrnan,
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`the rejections of claims 1 and 2 and their dependent claims cannot be sustained.
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`Withdrawal of all of the rejections is respectfully requested.
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`Application No.: 14/868,384
`Office Action issued July 21, 2017
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`Conclusion
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`Docket No.: 050002-0034
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`In View of the above amendments and remarks, Applicants submit that this application
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`should be allowed and the case passed to issue.
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`If there are any questions regarding this
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`Amendment or the application in general, a telephone call to the undersigned would be appreciated
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`to expedite the prosecution of the application.
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`Applicant believes no fee is due with this response. However, if a fee is due, please charge
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`our Deposit Account No. 50—0417, under Order No. 050002—0034 from which the undersigned is
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`authorized to draw.
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`Respectfully submitted,
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`MCDERMOTT WILL & EMERY LLP
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`/Jianke Kang/
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`Jianke Kang
`Registration N0. 72,445
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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
`Phone:
`(202) 756-8232 JK:ymh
`Facsimile:
`(202) 756~8087
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`Date: September 1, 2017
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