`
`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
`wwwusptogov
`
`
`
`
`
`15/057,950
`
`03/01/2016
`
`Takashi TOYOOKA
`
`065933—0711
`
`2737
`
`53080
`7590
`03’1““
`McDermon Will and Emery LLP —
`The McDermott Building
`SCHWARZENBERG, PAUL
`500 North Capitol Street, NW.
`WASHINGTON, DC 20001
`
`PAPER NUMBER
`
`3744
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/12/2018
`
`ELECTRONIC
`
`Please find below and/0r attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`mweipdocket @ mwe.com
`
`PTOL—90A (Rev. 04/07)
`
`

`

`Advisory Action
`Before the Filing of an Appeal Brief
`
`Application No.
`15/057,950
`Examiner
`Paul Schwarzenberg
`
`Applicant(s)
`TOYOOKA ET AL.
`Art Unit
`AIA (First Inventor to File) Status
`3744
`Yes
`
`--The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`THE REPLY FILED 07 February 2018 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
`NO NOTICE OF APPEAL FILED
`
`1. E The reply was filed after a final rejection. No Notice of Appeal has been filed. To avoid abandonment of this application, applicant must timely file
`one of the following replies: (1) an amendment, affidavit, or other evidence, which places the application in condition for allowance;
`(2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41.31 ; or (3) a Request for Continued Examination (RCE) in compliance with
`37 CFR 1.114 if this is a utility or plant application. Note that RCEs are not permitted in design applications. The reply must be filed within one of
`the following time periods:
`months from the mailing date of the final rejection.
`a) D The period for reply expires
`b)
`IXI The period for reply expires on: (1) the mailing date of this Advisory Action; or (2) the date set forth in the final rejection, whichever is later.
`In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.
`C) D A prior Advisory Action was mailed more than 3 months after the mailing date of the final rejection in response to a first after-final reply filed
`within 2 months of the mailing date of the final rejection. The current period for reply expires
`months from the mailing date of
`the prior Advisory Action or SIX MONTHS from the mailing date of the final rejection, whichever is earlier.
`Examiner Note: If box 1
`is checked, check either box (
`), (b) or (c). ONLY CHECK BOX (b) WHEN THIS ADVISORY ACTION IS THE
`FIRST RESPONSE TO APPLICANT‘S FIRST AFTER-FINAL REPLY WHICH WAS FILED WITHIN TWO MONTHS OF THE FINAL
`REJECTION. ONLY CHECK BOX (c) IN THE LIMITED SITUATION SET FORTH UNDER BOX (c). See MPEP 706.07(f).
`Extensions of time may be obtained under 37 CFR 1.136(a). The date on which the petition under 37 CFR 1.136(a) and the appropriate
`extension fee have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The
`appropriate extension fee under 37 CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally
`set in the final Office action; or (2) as set forth in (b) or (0) above, if checked. Any reply received by the Office later than three months after the
`mailing date of the final rejection, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
`NOTICE OF APPEAL
`
`. A brief in compliance with 37 CFR 41.37 must be filed within two months of the date of filing the
`2. D The Notice of Appeal was filed on
`Notice of Appeal (37 CFR 41 .37(a)), or any extension thereof (37 CFR 41 .37(e)), to avoid dismissal of the appeal. Since a Notice of
`Appeal has been filed, any reply must be filed within the time period set forth in 37 CFR 41 .37( ).
`AMENDMENTS
`
`3. IX The proposed amendments filed after a final rejection, but prior to the date of filing a brief, will n_ot be entered because
`a) D They raise new issues that would require further consideration and/or search (see NOTE below);
`b) D They raise the issue of new matter (see NOTE below);
`0) IX They are not deemed to place the application in better form for appeal by materially reducing or simplifying the issues for
`appeal; and/or
`d) D They present additional claims without canceling a corresponding number of finally rejected claims.
`NOTE:
`. (See 37 CFR 1.116 and 41 .33( )).
`4. D The amendments are not in compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
`5. D Applicant’s reply has overcome the following rejection(s):
`6. D Newly proposed or amended claim(s) _would be allowable if submitted in a separate, timely filed amendment canceling the non-
`allowable claim( ).
`7. IE For purposes of appeal, the proposed amendment(s): (a) X will not be entered, or (b) [I will be entered, and an explanation of how the
`new or amended claims would be rejected is provided below or appended.
`AFFIDAVIT OR OTHER EVIDENCE
`
`8. D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`9. [I The affidavit or other evidence filed after final action, but before or on the date of filing a Notice of Appeal will n_ot be entered because
`applicant failed to provide a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier
`presented. See 37 CFR 1.116( ).
`10. [I The affidavit or other evidence filed after the date of filing the Notice of Appeal, but prior to the date of filing a brief, will n_ot be entered
`because the affidavit or other evidence failed to overcome a_|| rejections under appeal and/or appellant fails to provide a showing of good
`and sufficient reasons why it is necessary and was not earlier presented. See 37 CFR 41 .33(d)(1).
`1 1. [I The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
`REQUEST FOR RECONSIDERATION/OTHER
`
`12. IX The request for reconsideration has been considered but does NOT place the application in condition for allowance because:
`See continuation sheet.
`
`
`
`13. El Note the attached Information Disclosure Statement(s). (PTO/SB/08) Paper No( ).
`14. IX Other: PTO 2323.
`STATUS OF CLAIMS
`
`15. The status of the claim(s) is (or will be) as follows:
`Claim(s) allowed:
`Claim(s) objected to:
`Claim(s) rejected: 1-6.
`Claim(s) withdrawn from consideration:
`
`/J|ANY|NG ATKISSON/
`Supervisory Patent Examiner, Art Unit 3744
`US. Patent and Trademark Office
`PTOL-303 (Rev. 08-2013)
`
`/Pau| Schwarzenberg/
`Examiner, Art Unit 3744
`
`Advisory Action Before the Filing of an Appeal Brief
`
`Part of Paper No. 20180222
`
`

`

`Continuation Sheet (PTOL-303)
`
`Application No.
`
`Continuation of 12. The amended claims filed on 2/7/2018 amend the limitations of independent claim 1. Applicants arguments filed on
`2/7/2018 have been fully considered but they are not pursuasive. With respect to applicant‘s arguments for the rejection of amended claim
`1 pursuant to 35 USC § 103, the applicant argues that neither Svendsen no Yoshida teach "the second refrigerant added in a proportion
`that prevents the carbon dioxide from forming a solidified portion at a temperature lower than a boiling point of carbon dioxide".
`
`As discussed in the final rejection, Svendsen does not explicitly teach the refrigerant added in a proportion that prevents the carbon dioxide
`(R744) from forming a solidified portion. Svendsen does, however, disclose the second refrigerant added in a proportion (mixture of
`refrigerants may contain 5-15% R600a, pages 12, lines 1 -4). One skilled in the art would know that as more of a particular refrigerant is
`added to a refrigerant composition the phase transition temperature of the refrigerant composition changes. Therefore the phase transition
`temperatures of a refrigerant composition is recognized as a result-effective variable, Le. a variable which achieves a recognized result. In
`this case, the recognized result is that changing the percentages of the refrigerants in the refrigerant composition determines the phase
`transition temperature of the refrigerant composition. Therefore, since the general conditions of the claim, i.e. adding a second refrigerant in
`a proportion were disclosed in the prior art by Svendsen, it is not inventive to discover the optimum workable value of the second
`refrigerant by routine experimentation, and it would have been obvious to one of ordinary skill in the art at the time the invention was made
`to provide the refrigerant added in a proportion that prevents the carbon dioxide (R744) from forming a solidified portion at a temperature
`lower than a boiling point of carbon dioxide.
`
`