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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
`
`
`
`
`
`14/779,472
`
`09/23/2015
`
`Masanori KOBAYASHI
`
`20240.0048USWO
`
`2118
`
`53148
`7590
`12’0“)”
`HAMRE, SCHUMANN,MUELLER&LARSONP.C. —
`45 South Seventh Street
`BRUNJES’ CHRISTOPHERJ
`Suite 2700
`MINNEAPOLIS, MN 55402- 1683
`
`PAPER NUMBER
`
`ART UNIT
`3746
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/08/2017
`
`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.
` 14/779,472 KOBAYASHI, MASANORI
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`3746CHRISTOPHER BRUNJES $2215
`-- 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 October 07 2016.
`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: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
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) L6is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_1-6is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I: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
`htt
`:/'I’vaIW.usoI‘.0. ovI’ atentS/init events/
`
`
`
`iindex.‘s or send an inquiry to PPI-tfeedback{®usgto.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)I:I 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) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E 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 20171109
`
`

`

`Application/Control Number: 14/779,472
`
`Page 2
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`Art Unit: 3746
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`DETAILED ACTION
`
`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 Rejections - 35 USC § 102
`
`2.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`3.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`4.
`
`Claims 1-4 & 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
`
`by Park et al (US 2009/0175746 A1) (Park hereinafter).
`
`5.
`
`Regarding Claim 1, Park teaches:
`
`A sealed compressor
`
`(Figure 4)
`
`comprising:
`
`a sealed container (C) having a sealed space inside thereof (Figure 4);
`
`an electric component (M) accommodated in the sealed container (Figure
`
`4); and
`
`

`

`Application/Control Number: 14/779,472
`
`Page 3
`
`Art Unit: 3746
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`a compression component (100) accommodated in the sealed container
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`and driven by the electric component (Figure 4) to compress a refrigerant gas
`
`(Paragraph 2),
`
`wherein the compression component includes:
`
`a cylinder block (300) formed with a compression chamber inside thereof
`
`(Figure 1);
`
`a piston (100)
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`reciprocatingly inserted into the compression chamber
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`through one end of the cylinder block (Figure 4); and
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`a valve plate (210) which closes the other end of the cylinder block (Figure
`
`11),
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`wherein the valve plate has a suction hole (212) through which the refrigerant
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`gas is suctioned into the compression chamber (Figure 6), and a plurality of
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`discharge holes (211) through which the refrigerant gas is discharged from an
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`interior of the compression chamber (Figure 6), the valve plate being provided
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`with a plurality of discharge valves (230) which open and close the plurality of
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`discharge holes, respectively (Figure 6),
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`wherein the piston (100) is provided with a plurality of convex portions (101)
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`on a tip end surface thereof (CS), at least tip end portions of the plurality of
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`convex portions being located inside of
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`the plurality of discharge holes,
`
`respectively,
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`in a state in which the piston is located at a top dead center
`
`(Paragraph 83 - Lines 1-6), and
`
`

`

`Application/Control Number: 14/779,472
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`Page 4
`
`Art Unit: 3746
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`wherein when a plurality of discharge passages of the refrigerant gas are
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`defined as spaces formed between outer peripheral surfaces of the plurality of
`
`convex portions and inner peripheral surfaces of the plurality of discharge holes,
`
`respectively, in a state in which the plurality of convex portions are located inside
`
`of the plurality of discharge holes, respectively (Paragraph 48; The compressor can
`
`be designed such that the outer surface of the protrusion and the inner surface of the
`
`discharge hole can have different inclination angles from each other. This would result
`
`in a space being formed between these two components when the protrusion is inserted
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`into the discharge hole at top dead center),
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`passage areas of the plurality of discharge passages are made different
`
`from each other (Abstract - Lines 9-10; Paragraph 86 - Lines 5-19; Figure 7).
`
`6.
`
`Regarding Claim 2, Park teaches the invention as disclosed above in Claim 1,
`
`wherein Park further teaches: wherein the passage areas of the plurality of
`
`discharge passages are made different from each other, by making at least one of
`
`volumes of the plurality of convex portions, shapes of the plurality of convex
`
`portions, and sizes of the plurality of discharge holes, different from each other
`
`(Abstract - Lines 9-10; Paragraph 48; Paragraph 86 - Lines 5-19; Figure 7).
`
`7.
`
`Regarding Claim 3, Park teaches the invention as disclosed above in Claim 1,
`
`wherein Park further teaches: wherein when passage spacings are defined as
`
`spacings formed between the outer peripheral surfaces of the plurality of convex
`
`portions and the inner peripheral surfaces of the plurality of discharge holes in
`
`the plurality of discharge passages,
`
`

`

`Application/Control Number: 14/779,472
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`Page 5
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`Art Unit: 3746
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`the passage spacings of the plurality of discharge passages are made
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`uniform (Paragraph 48; Figure 8; the plurality of discharge passage spacings would
`
`each be radially uniform about the central axis of their respective protrusion/discharge
`
`hole).
`
`8.
`
`Regarding Claim 4, Park teaches the invention as disclosed above in Claim 1,
`
`wherein Park further teaches: wherein each of the plurality of discharge holes
`
`includes a portion having an opening area increased from the compression
`
`chamber toward a discharge side (Figures 3, 9 & 13).
`
`9.
`
`Regarding Claim 6, Park teaches the invention as disclosed above in Claim 1,
`
`wherein Park further teaches: A refrigeration device (Paragraph 3) comprising: the
`
`sealed compressor as recited in claim 1 (see the rejection of Claim 1 above).
`
`Claim Rejections - 35 USC § 103
`
`10.
`
`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.
`
`11.
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Park et
`
`al
`
`(US 2009/0175746 A1)
`
`(Park hereinafter)
`
`in further view of Tsuboi
`
`(US
`
`2009/0116982 A1) (Tsuboi hereinafter).
`
`

`

`Application/Control Number: 14/779,472
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`Page 6
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`Art Unit: 3746
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`12.
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`Regarding Claim 5, Park teaches the invention as disclosed above in Claim 1,
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`wherein Park fails to teach: wherein the electric component is inverter-driven at one of
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`a plurality of operating frequencies.
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`13.
`
`However, Tsuboi does teach a hermetic piston compressor (Figure 1) wherein
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`the electric component
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`is inverter-driven at one of a plurality of operating
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`frequencies (Paragraph 64 - Lines 4-5).
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`14.
`
`It
`
`is noted that a simple substitution of one known element (in this case, the
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`standard driving element of Park) for another (in this case, the inverter-driven electric
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`element, as taught by Tsuboi) to obtain predictable results (in this case, a compressor
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`assembly that is capable of operating at various frequencies to vary the flow of the
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`compressed gas) was an obvious extension of prior art teachings, KSR, 550 U.S. at
`
`_, 82 USPQ2d at 1396, MPEP 2141 III B.
`
`15.
`
`Therefore,
`
`to one of ordinary skill
`
`in the art at the effective filing date of the
`
`claimed invention desiring a compressor that is capable of operating at a variety of
`
`operating frequencies, it would have been obvious to utilize the techniques disclosed in
`
`Park in combination with those seen in Tsuboi in order to obtain such a result.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHRISTOPHER BRUNJES whose telephone number is
`
`(571)272-2083. The examiner can normally be reached on Monday - Thursday 9am-
`
`4pm.
`
`

`

`Application/Control Number: 14/779,472
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`Page 7
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`Art Unit: 3746
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`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.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Devon Kramer can be reached on (571) 272-7118. 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
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`
`If you would like assistance from a
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`
`/C. B./
`
`Examiner, Art Unit 3746
`
`/DEVON KRAMER/
`
`Supervisory Patent Examiner, Art Unit 3746
`
`