`
`UNITED STATES DEPARTMENT OF COM1VIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`20277
`
`7590
`
`03/18/2020
`
`MCDERMOTT WILL & EMERY LLP
`THE MCDERMOTT BUILDING
`
`500 NORTH CAPITAL STREET, N.W.
`WASHINGTON, DC 20001
`
`MENDOZA-WLLKENFEL. ERIK
`
`3763
`DATE MAILED: 03/18/2020
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/892,146
`
`02/08/2018
`
`Yoshihiro TAKAHASHI
`
`092122-0057
`
`4447
`
`TITLE OF INVENTION: ULTRA-LOW TEMPERATURE FREEZER
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PALD ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$ 1000
`
`$0.00
`
`$0.00
`
`$1000
`
`06/18/2020
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
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`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
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`11. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
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`Page 1 of 3
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`PTOL-85 (Rev. 02/11)
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`

`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
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`PART B - FEE(S) TRANSMITTAL
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`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
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`03/18/2020
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`MCDERMOTT WILL & EMERY LLP
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`THE MCDERMOTT BUILDING
`500 NORTH CAPITAL STREET, N.W.
`WASHINGTON, DC 20001
`
`(Signature) (Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/892,146
`
`02/08/2018
`
`Yoshihiro TAKAHASHI
`
`092122-0057
`
`4447
`
`TITLE OF INVENTION: ULTRA-LOW TEMPERATURE FREEZER
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$ 1000
`
`$0.00
`
`$0.00
`
`$1000
`
`06/18/2020
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`MENDOZA-WILKENFEL, ERIK
`
`3763
`
`062- 132000
`
`1. Change of correspondence address or indication of ”Fee Address” (37
`CFR 1.363).
`
`3 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/ 122) attached.
`
`
`
`2. For printing on the patent front page, list
`(1) The names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) The name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`
`
`
`
`1
`
`2
`
`
`
`
`
`3 ”Fee Address” indication (or ”Fee Address” Indication form PTO/
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`\Iumber is required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document must have been previously
`recorded, or filed for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
`
`DAdvance Order - # of Copies
`DPublication Fee (if required)
`DIssue Fee
`4a. Fees submitted:
`4b. Method of Payment: (Please first reapply any previously paidfee shown above)
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`3 Electronic Payment via EFS-Web
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` :I The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any overpayment to Deposit Account No.
`
`D Enclosed check
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`D Non-electronic payment by credit card (Attach form PTO-2038)
`
`5. Change in Entity Status (from status indicated above)
`
`3 Applicant certifying micro entity status. See 37 CFR 1.29
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/ 15A and 15B), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the application was previously under micro entity status, checking this box will be taken
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`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
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`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Date
`
`Registration No.
`
`3 Applicant asserting small entity status. See 37 CFR 1.27
`
` 3 Applicant changing to regular undiscounted fee status.
`
`Authorized Signature
`
`Typed or printed name
`
`PTOL—85 Part B (08-18) Approved for use through 01/31/2020
`
`Page 2 of 3
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMIVIERCE
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMIVIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/892,l46
`
`02/08/2018
`
`YOShihirO TAKAHASHI
`
`092122-0057
`
`4447
`
`20277
`
`7590
`
`03/18/2020
`
`MCDERMOTT WILL & EMERY LLP
`THE MCDERMOTT BUILDING
`
`500 NORTH CAPITAL STREET, N.W.
`WASHINGTON, DC 20001
`
`MENDOZA-WLLKENFEL, ERIK
`
`3763
`DATE MAILED: 03/18/2020
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement
`
`that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent
`
`Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial
`
`patent term adjustment determination with the notice of allowance. The Office will continue to provide a patent term
`
`adjustment determination with the Issue Notification Letter that is mailed to applicant approximately three weeks prior
`
`to the issue date of the patent, and will include the patent term adjustment on the patent. Any request for reconsideration
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`of the patent term adjustment determination (or reinstatement of patent term adjustment) should follow the process
`outlined in 37 CFR 1.705.
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`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
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`Patent Legal Administration at (571)—272—7702. Questions relating to issue and publication fee payments should be
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`directed to the Customer Service Center of the Office of Patent Publication at 1—(888)—786—0101 or (571)—272—4200.
`
`PTOL-SS (Rev. 02/11)
`
`Page 3 of 3
`
`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
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`may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed
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`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`

`

`,
`
`, ,
`
`15/892,146
`
`TAKAHASHI etal.
`
`ERIK MENDOZA—WILKENFE
`
`3763
`
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address-
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1.. This communication is responsive to 3/05/2020.
`
`[:I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporated into this action.
`
`; the
`
`3.. The allowed c|aim(s) is/are 1-3 and 5-20 . As a result of the allowed c|aim(s), you may be eligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information
`, please see http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`4.. Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`
`Certified copies:
`
`a) .All
`
`b) CI Some
`
`*c) D None of the:
`
`Certified copies of the priority documents have been received.
`1.
`2. [:1 Certified copies of the priority documents have been received in Application No.
`
`3. CI Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2( )).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE“ of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5.I:I CORRECTED DRAWINGS (as “replacement sheets“) must be submitted.
`C]
`including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6C] DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Supervisory Patent Examiner, Art Unit 3763
`
`Attachment(s)
`1.[:] Notice of References Cited (PTO-892)
`
`2D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date
`3.I:| Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`.
`4U Interview Summary (PTO-413)
`Paper No./Mail Date.
`.
`/ERIK MENDOZA—WILKENFEL/
`
`Examiner, Art Unit 3763
`
`5. D Examiner's Amendment/Comment
`
`6.
`
`Examiner's Statement of Reasons for Allowance
`
`7. C] Other
`
`/FRANTZ F JULES/
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`_
`Part of Paper N0-/MaI| Date 20200310
`
`

`

`Application/Control Number: 15/892,146
`Art Unit: 3763
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1 .
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Claim Interpretation
`
`The following is a quotation of 35 U.S.C. 112(f):
`
`(f) Element in Claim for a Combination. — An element in a claim for a combination may be
`expressed as a means or step for performing a specified function without the recital of
`structure, material, or acts in support thereof, and such claim shall be construed to cover the
`corresponding structure, material, or acts described in the specification and equivalents
`thereof.
`
`The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
`
`An element in a claim for a combination may be expressed as a means or step for performing
`a specified function without the recital of structure, material, or acts in support thereof, and
`such claim shall be construed to cover the corresponding structure, material, or acts
`described in the specification and equivalents thereof.
`
`2.
`
`The claims in this application are given their broadest reasonable interpretation
`
`using the plain meaning of the claim language in light of the specification as it would be
`
`understood by one of ordinary skill in the art. The broadest reasonable interpretation of
`
`a claim element (also commonly referred to as a claim limitation) is limited by the
`
`description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is invoked.
`
`As explained in MPEP § 2181, subsection I, claim limitations that meet the
`
`following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35
`
`U.S.C. 112, sixth paragraph:
`
`(A)
`
`the claim limitation uses the term “means” or “step” or a term used as a substitute
`
`for “means” that is a generic placeholder (also called a nonce term or a non-
`
`

`

`Application/Control Number: 15/892,146
`Art Unit: 3763
`
`Page 3
`
`structural term having no specific structural meaning) for performing the claimed
`
`function;
`
`(B)
`
`the term “means” or “step” or the generic placeholder is modified by functional
`
`language, typically, but not always linked by the transition word “for” (e.g.,
`
`“means for”) or another linking word or phrase, such as “configured to” or “so
`
`that”; and
`
`(C)
`
`the term “means” or “step” or the generic placeholder is not modified by sufficient
`
`structure, material, or acts for performing the claimed function.
`
`Use of the word “means” (or “step”) in a claim with functional language creates a
`
`rebuttable presumption that the claim limitation is to be treated in accordance with 35
`
`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is rebutted when the claim limitation recites sufficient structure, material, or
`
`acts to entirely perform the recited function.
`
`Absence of the word “means” (or “step”) in a claim creates a rebuttable
`
`presumption that the claim limitation is not to be treated in accordance with 35 U.S.C.
`
`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is rebutted when the claim limitation recites function without reciting
`
`sufficient structure, material or acts to entirely perform the recited function.
`
`Claim limitations in this application that use the word “means” (or “step”) are
`
`being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
`
`except as otherwise indicated in an Office action. Conversely, claim limitations in this
`
`

`

`Application/Control Number: 15/892,146
`Art Unit: 3763
`
`Page 4
`
`application that do not use the word “means” (or “step”) are not being interpreted under
`
`35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise
`
`indicated in an Office action.
`
`3.
`
`This application includes one or more claim limitations that do not use the word
`
`“means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35
`
`U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder
`
`that is coupled with functional language without reciting sufficient structure to perform
`
`the recited function and the generic placeholder is not preceded by a structural modifier.
`
`Such claim limitation(s) is/are:
`
`a.
`
`The limitation “a first refrigeration unit in claim 1, line 4, interpreted as “a
`
`first unit for refrigeration”, “unit” being the generic placeholder” and “refrigeration”
`
`being the functional language. Applicant’s written description states “The first
`
`refrigeration unit 500A is configured such that components, such as the
`
`compressor 101 , the condensers 102, 104, and the decompressor 108 which
`
`constitute the refrigerant circuit 100, are mounted on a mounting board 510” in
`
`paragraph 0095. For the purposes of compact prosecution, based on the
`
`Examiner's best understanding of Applicant's disclosure, the limitation has been
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`interpreted as including the structure of a refrigerant circuit made up of a
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`compressor, a condenser and a decompressor”. Examination on the merits has
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`been conducted based on this interpretation.
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`b.
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`The limitation “a second refrigeration unit in claim 1, line 6, interpreted as
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`“a first unit for refrigeration , unit” being the generic placeholder” and
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`“refrigeration” being the functional language. Applicant’s written description
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`

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`Application/Control Number: 15/892,146
`Art Unit: 3763
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`Page 5
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`states “the second refrigeration unit 5008 is also configured such that
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`components, such as the compressor 201 , the condensers 202, 204, the
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`decompressor 208, which constitute the refrigerant circuit 200, are mounted on a
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`mounting board 510 that is configured with a substantially rectangular metal plate
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`illustrated in Fig. 8” in paragraph 0096. For the purposes of compact prosecution,
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`based on the Examiner's best understanding of Applicant's disclosure, the
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`limitation has been interpreted as including the structure of a refrigerant circuit
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`made up of a compressor, a condenser and a decompressor”. Examination on
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`the merits has been conducted based on this interpretation.
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`c.
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`“a control unit” in claim 1, line 17, interpreted as “unit for contro
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`I”, n
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`unit”
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`being the generic placeholder, and “control” being the functional language.
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`Applicant’s written description states “The control unit 400 is configured such that
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`various components such as the control board 301 and the switching power
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`supply 302, etc., constituting the control circuit 300 are mounted on the control-
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`unit-mounting board 410 made of a substantially rectangular metal
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`plate illustrated in Fig. 13.” in paragraph 0081, therefore the control unit will be
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`interpreted as comprising a control circuit and a control unit-mounting board.
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`Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C.
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`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to
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`cover the corresponding structure described in the specification as performing the
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`claimed function, and equivalents thereof.
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`lf applicant does not intend to have this/these limitation(s) interpreted under 35
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`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may:
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`(1) amend the
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`

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`Application/Control Number: 15/892,146
`Art Unit: 3763
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`Page 6
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`claim |imitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AlA
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`35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the
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`claimed function); or (2) present a sufficient showing that the claim |imitation(s) recite(s)
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`sufficient structure to perform the claimed function so as to avoid it/them being
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`interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph.
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`Allowable Subject Matter
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`Claims 1-3 and 5-20 are allowed.
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`The following is an examiner’s statement of reasons for allowance: the prior art of
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`4.
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`5.
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`record, which for the sake of brevity will not be discussed and can be found in the
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`Action mailed on 1/21/2020, does not teach either alone or in combination wherein
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`“each of the pair of first extending portions has...a second folded portion further folded
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`inward toward a center of the first mounting board” as recited in line 19 in claim 1.
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`Any comments considered necessary by applicant must be submitted no later
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`than the payment of the issue fee and, to avoid processing delays, should preferably
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`accompany the issue fee. Such submissions should be clearly labeled “Comments on
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`Statement of Reasons for Allowance.”
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`Conclusion
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`6.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ERIK MENDOZA-WILKENFE whose telephone number
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`is (571)272-9674. The examiner can normally be reached on M-F: 10-6.
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`

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`Application/Control Number: 15/892,146
`Art Unit: 3763
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`Page 7
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Frantz Jules can be reached on (571) 272-6681. 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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`272-1000.
`
`/ERIK MENDOZA-WILKENFEL/
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`Examiner, Art Unit 3763
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`/FRANTZ F JULES/
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`Supervisory Patent Examiner, Art Unit 3763
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`