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`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
`
`
`
`
`
`14/423,987
`
`02/25/2015
`
`Terumasa Ide
`
`20759.0009USWO
`
`8128
`
`05/03/2018 —HAMRE, SCHUMANN,MUELLER&LARSONP.C. m
`7590
`53148
`45 South Seventh Street
`BOBISH, CHRISTOPHER S
`Suite 2700
`MINNEAPOLIS, MN 55402- 1683
`
`PAPER NUMBER
`
`ART UNIT
`3746
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/03/2018
`
`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):
`PTOMail @hsml.com
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/423,987 IDE ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`StatusYes CHRISTOPHER BOBISH 3746
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 02/12/2018.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)|:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) His/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)|:I Claim(s)
`7)|Z| Claim(s)_1-7is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)|:I Claim((s)
`* If any claims have been determined allowable, 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
`hit
`I/'/\WIIW.USDIO. ovI’ atents/init events/
`
`
`
`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)|:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| 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(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180328
`
`

`

`Application/Control Number: 14/423,987
`
`Page 2
`
`Art Unit: 3746
`
`DETAILED ACTION
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Response to Amendment
`
`The response filed 02/12/2018 has been considered and is insufficient to
`
`overcome the Manke, Kakiuchi, and Klusman references.
`
`Claims 1-7 remain pending.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`Claims 1 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Manke et al (US PGPub No. 2005/0008502) in view of Klusman et al (US PGPub No.
`
`2007/0086685).
`
`Manke teaches:
`
`

`

`Application/Control Number: 14/423,987
`
`Page 3
`
`Art Unit: 3746
`
`limitations from claim 1, a sealed compressor (FIG. 1-2) comprising: an electric
`
`component including a stator (62) and a rotor (61); a compression component
`
`(70) driven by the electric component; and a sealed container (1 O) configured to
`
`accommodate the electric component and the compression component and store
`
`lubricating oil lubricating the compression component, wherein: the compression
`
`component includes a shaft (50) including a main shaft section and an eccentric
`
`shaft section (51), the rotor being fixed to the main shaft section (paragraph 31),
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`a cylinder block (20) including a compression chamber (30), a piston (80)
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`configured to perform a reciprocating movement in the compression chamber, a
`
`coupling section (52) coupling the piston and the eccentric shaft section, a main
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`bearing (40) provided at the cylinder block and supporting the main shaft section,
`
`and a thrust rolling bearing (90, FIG. 4) provided at a thrust surface of the main
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`bearing; the thrust rolling bearing includes an upper race (92), a lower race (95),
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`a cage (91) provided between the upper race and the lower race, and a plurality
`
`of rolling elements (paragraph 36) held by the cage; a raceway groove
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`constituted by ring-shaped grooves is provided at opposing main surfaces of the
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`upper and lower races (92, 93); the rolling elements are arranged at the raceway
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`groove of the upper and lower races (paragraph 36); and a ring-shaped, flat, thin
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`plate is provided between the lower race and the thrust surface of the main
`
`bearing (95, paragraph 58-59), such that a first oil film is formed between a lower
`
`surface of the first thin plate and the thrust surface of the main bearing and a
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`second oil film is formed between an upper surface of the first thin plate and a
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`lower surface of the lower race (see paragraph 42 teaching that the bearing 90 is
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`provided with oil from the crankshaft, this oil enters at the bottom of passage 58
`
`and “leaks” into the bearing 90);
`
`Manke does not teach minute gaps along surfaces of the thin plate;
`
`Klusman teaches:
`
`

`

`Application/Control Number: 14/423,987
`
`Page 4
`
`Art Unit: 3746
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`limitations from claim 1, a roller bearing assembly (FIG. 3-4) including an inner
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`and outer race (35, 36), and a plate (24) between the outer race and a surface
`
`(26); wherein minute gaps (31, 40, 50) are formed along surfaces of the plate
`
`(FIG. 3-4; paragraph 24-27);
`
`It would have been obvious to one of ordinary skill in the art of bearings at the
`
`time of the invention to provide gaps in the bearing of Manke, as taught by
`
`Klusman, in order to provide variable damping of the bearing at different
`
`conditions (paragraph 23);
`
`Manke further teaches:
`
`limitations from claim 6, wherein flatness of a main surface, contacting the thrust
`
`surface, of the first thin plate is lower than flatness of the thrust surface
`
`(paragraph 59; when the projections are on the face 41);
`
`limitations from claim 7, wherein: a flange surface (51 a) is provided at the shaft
`
`so as to be opposed to a second main surface of the upper race (92); the second
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`main surface being located at an opposite side of the upper race relative to the
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`first main surface of the upper race (FIG. 4c; paragraph 54); and the thin plate
`
`(96) is provided between the flange surface of the shaft and the second main
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`surface of the upper race (FIG. 4c; paragraph 54);
`
`

`

`Application/Control Number: 14/423,987
`
`Page 5
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`Art Unit: 3746
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`Claims 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kakiuchi (US PGPub No. 2009/0136369) in view of Vasta (US Patent No. 3,093,427) in
`
`view of Klusman et al (US PGPub No. 2007/0086685).
`
`Kakiuchi teaches:
`
`limitations from claim 1, a sealed compressor (FIG. 1-2) comprising: an electric
`
`component including a stator (1112) and a rotor (1113); a compression
`
`component (1121) driven by the electric component; and a sealed container
`
`(1101) configured to accommodate the electric component and the compression
`
`component and store lubricating oil lubricating the compression
`
`component, wherein: the compression component includes a shaft (1122)
`
`including a main shaft section (1122a) and an eccentric shaft section (1122b),
`
`the rotor being fixed to the main shaft section (paragraph 56), a cylinder block
`
`(1123) including a compression chamber (1123a), a piston (1125) configured to
`
`perform a reciprocating movement in the compression chamber, a coupling
`
`section (1126) coupling the piston and the eccentric shaft section, a main bearing
`
`(1124) provided at the cylinder block and supporting the main shaft section, and
`
`a thrust rolling bearing (FIG. 2; 1131) provided at a thrust surface of the main
`
`bearing; the thrust rolling bearing includes an upper race (1134), a lower race
`
`(1135), a cage (1133) provided between the upper race and the lower race, and
`
`a plurality of rolling elements (1132) held by the cage; a raceway is provided at
`
`opposing main surfaces of the upper and lower races (paragraph 57-58); the
`
`rolling elements are arranged at the raceway of the upper and lower races
`
`(paragraph 57-58); such that a first oil film is formed between a lower surface of
`
`the first thin plate and the thrust surface of the main bearing and a second oil film
`
`is formed between an upper surface of the first thin plate and a lower surface of
`
`the lower race (paragraph 61 teaching the need for an oil between lower surfaces
`
`of the bearing assembly and the upper and lower bearing surfaces);
`
`

`

`Application/Control Number: 14/423,987
`
`Page 6
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`Art Unit: 3746
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`Kakiuchi does not teach a flat ring plate;
`
`Vasta teaches:
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`limitations from claims 1-3, a thrust rolling bearing (FIG. 9-12); the thrust rolling
`
`bearing includes an upper race (FIG. 9-12), a lower race (FIG. 9-12) with ring-
`
`shaped grooves (see rollers in FIG. 9-12 and the semi-circular groove in the rings
`
`16, 20), and a plurality of rolling elements (3);
`
`and a metal (Vasta teaches steel or metals, C. 1 Lines 22-24) ring-shaped, flat,
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`thin plate is provided between the lower race and a thrust surface of the main
`
`bearing (14, 18, 19, 21; C.
`
`1 Lines 22-24 and C. 2 Lines 36-46); wherein the thin
`
`plate is one of a plurality of thin plates (FIG. 9-12) provided between the lower
`
`race and the thrust surface of the main bearing (C. 2 Lines 36-46);
`
`It would have been obvious to one of ordinary skill in the art of compressors at
`
`the time the invention was filed to provide multiple plates in the bearing of
`
`Kakiuchi, as taught by Vasta, in order to dampen forces on the bearing in an
`
`evenly distributed manner (C. 1 Lines 22-28 of Vasta).
`
`Kakiuchi does not teach minute gaps along surfaces of the thin plate;
`
`Klusman teaches:
`
`limitations from claim 1, a roller bearing assembly (FIG. 3-4) including an inner
`
`and outer race (35, 36), and a plate (24) between the outer race and a surface
`
`(26); wherein minute gaps (31, 40, 50) are formed along surfaces of the plate
`
`(FIG. 3-4; paragraph 24-27);
`
`

`

`Application/Control Number: 14/423,987
`
`Page 7
`
`Art Unit: 3746
`
`It would have been obvious to one of ordinary skill in the art of bearings at the
`
`time of the invention to provide gaps in the bearing of Kakiuchi, as taught by
`
`Klusman, in order to provide variable damping of the bearing at different
`
`conditions (paragraph 23);
`
`Regarding claims 4-5:
`
`Kakiuchi and Vasta do not teach a specific size for the flat plates. However, it
`
`would have been obvious to one of ordinary skill in the art of compressors at the
`
`time the invention was filed to choose a size for the damping members as a
`
`matter of routine optimization, in order to control the amount of damping provided
`
`by the bearings. It has been held that where the prior art teaches the claimed
`
`invention, choosing optimum or workable ranges requires only routine skill in the
`
`art; in in re Antonie, 559 F.2d 618., 195 USPQ 6 {CCPA 19??) as well as in re
`
`Aiier, 22C) F.2d 454, 456, 105 USPQ 23:3, 235 (CCPA 1955). In this case the size
`
`of the bearing plates is a result effective variable, directly affecting the elastic
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`performance of the thrust bearings, See C. 2 Lines 47-49 of Vasta in which
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`different numbers of plates are disclosed and differing elastic characteristics are
`
`taught as variables.
`
`Response to Arguments
`
`Applicant's arguments filed 02/12/2018 have been fully considered but they are
`
`not persuasive.
`
`Applicant argues that Klusman teaches a single gap with passages, and thus is
`
`not configured for retaining damping fluid.
`
`

`

`Application/Control Number: 14/423,987
`
`Page 8
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`Art Unit: 3746
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`The examiner first notes that the limitations of claim 1 do not require a particular
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`function of the minute gaps, such as being configured to retain oil. In any case, Klusman
`
`does teach that the gaps (31, 40) between the plate (24) and the bearing/surface (36,
`
`26) are configured to provide damping via the compression of liquid retained therein
`
`(see portion of paragraph 25 on page 3).
`
`Regarding the number of gaps, the examiner maintains that the entirety of the
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`inner and outer surfaces of the plate (24) and the respective bearing (36) or housing
`
`(26) surfaces are each provided with a gap (31, 40) therebetween (FIG. 3) as claimed.
`
`Additionally, Klusman teaches that the gaps may be of varying sizes along the surfaces
`
`(paragraph 23).
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHRISTOPHER BOBISH whose telephone number is
`
`(571 )270-5289. The examiner can normally be reached on Monday through Friday, 9-5.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 14/423,987
`
`Page 9
`
`Art Unit: 3746
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Devon Kramer can be reached on (571 )272—71 18. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571 -273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/CHRISTOPHER BOBISH/
`
`Examiner, Art Unit 3746
`
`