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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
`
`20759.0013Uswo
`
`2118
`
`53148
`7590
`04’19’2018
`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
`
`04/19/2018
`
`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.
` 14/779,472 KOBAYASHI, MASANORI
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`3746CHRISTOPHER BRUNJES $233
`
`-- 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 CFR 1.136(a).
`after SIX (6) 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)IXI Responsive to communication(s) filed on March 02 2018.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`2a)IZ| 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)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)|XI Claim(s) 1,2 and 4-6 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| Claim(s) 1,2 and 4-6 is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
`
`9)|:l Claim(s)
`are subject to restriction and/or election requirement.
`* 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
` S
`htt
`://www.usoto. ov/ atents/init events) .h/index.‘
`
`
`
`
`
`, or send an inquiry to PPI-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I 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)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I 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 (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D 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: 14/779,472
`
`Page 2
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`Art Unit: 3746
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`DETAILED ACTION
`
`1.
`
`The present application is being examined under the pre-AIA first
`
`to invent
`
`provisions.
`
`Response to Amendment
`
`2.
`
`The amendment filed on March 02, 2018 has been entered. Claim 3 has been
`
`cancelled. Claims 1, 2 & 4-6 remain pending in the application.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`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.
`
`4.
`
`Claims 1, 2, 4 & 6 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Park et al (US 2009/0175746 A1) (Park hereinafter).
`
`5.
`
`Regarding Claim 1, Park teaches:
`
`A sealed compressor
`
`(Figure 4)
`
`comprising:
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`a sealed container (C) having a sealed space inside thereof (Figure 4);
`
`an electric component (M) accommodated in the sealed container (Figure
`
`4); and
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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),
`
`

`

`Application/Control Number: 14/779,472
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`Page 3
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`Art Unit: 3746
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`wherein the compression component includes:
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`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 (Fig. 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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`Figure 7) on a tip end surface thereof (CS), at least tip end portions of the plurality
`
`of convex portions being located inside of 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),
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`wherein when a plurality of discharge passages of the refrigerant gas are
`
`defined as spaces formed between outer peripheral surfaces of the plurality of
`
`convex portions and inner peripheral surfaces of the plurality of discharge holes,
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`respectively, in a state in which the plurality of convex portions are located inside
`
`of the plurality of discharge holes, respectively (Paragraphs 47-48; The compressor
`
`

`

`Application/Control Number: 14/779,472
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`Page 4
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`Art Unit: 3746
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`can be designed such that the outer surface of the protrusion and the inner surface of
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`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
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`inserted into the discharge hole at top dead center), and
`
`when passage spacings of the plurality of discharge passages are defined
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`as a distance between the outer peripheral surfaces of the plurality of convex
`
`portions and the inner peripheral surfaces of the plurality of discharge holes
`
`(Paragraphs 47-48; Figure 8),
`
`each of the plurality of discharge passages has the same passage spacing.
`
`6.
`
`Park does not explicitly teach having the passage areas of
`
`the plurality of
`
`discharge passages being different from each other. However, Park does disclose how
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`the discharge holes can either be the same size or different sizes from each other
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`(Paragraph 42 - Lines 1-2), the protrusions corresponding to the number and size of the
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`discharge holes (Paragraph 44) & how the protrusions can have the same inclination
`
`angle or different inclination angles from each other (Paragraph 48). So with these
`
`different combinations you could have the two discharge passages, and corresponding
`
`protrusions, to be different sizes, but have the same inclination angles, thereby resulting
`
`in the plurality of discharge passages having the same passage spacing, while still
`
`being different from each other.
`
`7.
`
`Designing the protrusions such that the passage areas are different from each
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`other would have been well within the capabilities of a person having ordinary skill in the
`
`art in order to control the flow of gas through these ports. The courts have held that
`
`

`

`Application/Control Number: 14/779,472
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`Page 5
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`Art Unit: 3746
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`where the general conditions of a claim are disclosed in the prior art,
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`it is not inventive
`
`to discover the optimum or workable range by routine experimentation, see MPEP §
`
`2144.04 Paragraph HA.
`
`8.
`
`Therefore, to 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 order to obtain such a result.
`
`9.
`
`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).
`
`10.
`
`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).
`
`11.
`
`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).
`
`

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`Application/Control Number: 14/779,472
`
`Page 6
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`Art Unit: 3746
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`12.
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`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).
`
`13.
`
`Regarding Claim 5, Park teaches the invention as disclosed above in Claim 1,
`
`wherein Park fails to teach: wherein the electric component is inverter-driven at one of
`
`a plurality of operating frequencies.
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`14.
`
`However, Tsuboi does teach a hermetic piston compressor (Figure 1) wherein
`
`the electric component
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`is inverter-driven at one of a plurality of operating
`
`frequencies (Paragraph 64 - Lines 4-5).
`
`15.
`
`It
`
`is noted that a simple substitution of one known element (in this case, the
`
`standard driving element of Park) for another (in this case, the inverter-driven electric
`
`element, as taught by Tsuboi) to obtain predictable results (in this case, a compressor
`
`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.
`
`16.
`
`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.
`
`Response to Arguments
`
`

`

`Application/Control Number: 14/779,472
`
`Page 7
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`Art Unit: 3746
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`17.
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`The applicants arguments/remarks entered on March 02, 2018 have been fully
`
`considered, but were found to be persuasive. However, the amendment has changed
`
`the scope of the claimed invention, necessitating a new grounds for rejection.
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`Conclusion
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`18.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action.
`
`Accordingly, THIS ACTION IS MADE FINAL.
`
`See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`19.
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`20.
`
`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
`
`Page 8
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`Art Unit: 3746
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`21.
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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) 272-7118. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571 -273-8300.
`
`22.
`
`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 BRUNJES/
`
`Examiner, Art Unit 3746
`
`/DEVON KRAMER/
`
`Supervisory Patent Examiner, Art Unit 3746
`
`