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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
`
`
`
`
`
`15/117,447
`
`08/08/2016
`
`TAKESHI OGATA
`
`20296.0072USWO
`
`1079
`
`01’1”“ —HAMRE, SCHUMANN,MUELLER&LARSONP.C. m
`7590
`53148
`45 South Seventh Street
`WAN, DEMING
`Suite 2700
`MINNEAPOLIS, MN 55402- 1683
`
`PAPER NUMBER
`
`ART UNIT
`3748
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/11/2018
`
`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.
` 15/117,447 OGATA ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`DEMING WAN $2218 3748
`-- 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 8/8/2016.
`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
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1 and 3-5is/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 and3-5is/are rejected.
`8)|:| 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
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`
`
`
`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)IXI The drawing(s) filed on 8/8/2016 is/are: a)lX| 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.
`SIXI 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 8/8/2016 6/1/2017.
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20171220
`
`

`

`Application/Control Number: 15/117,447
`
`Page 2
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`Art Unit: 3748
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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 INTERPRETA TION
`
`2.
`
`Claim 1 recites "a pillar member having a lower end and an upper end
`
`The
`
`Office interprets that the pillar member can be any structure as long as it has two ends.
`
`Claim Rejections - 35 USC § 1 12
`
`3.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`4.
`
`Claims 3 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly
`
`claim the subject matter which the inventor or a joint inventor, or for pre-AIA the
`
`applicant regards as the invention.
`
`In Reference to Claim 3
`
`Claim 3 recites the limitation "the scroll wrap height" in Line 2. There is
`
`insufficient antecedent basis for this limitation in the claim.
`
`In Reference to Claim 5
`
`Claim 5 recites the limitation "the scroll wrap height" in Line 4. There is
`
`insufficient antecedent basis for this limitation in the claim.
`
`

`

`Application/Control Number: 15/117,447
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`Page 3
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`Art Unit: 3748
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`Claim Objections
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`5.
`
`Claim 1
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`is objected to because of the following informalities: Claim 1 recites “a
`
`orbiting scroll”.
`
`It shall be “an orbiting scroll”. Claim 4 recites “a orbiting scroll wrap” It
`
`shall be “an orbiting scroll wrap”. Appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
`
`6.
`
`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
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`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
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`the same under either status.
`
`7.
`
`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)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`patent or application, as the case may be, names another inventor and was effectively filed
`before the effective filing date of the claimed invention.
`
`8.
`
`Claim 1
`
`is rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent
`
`8,313,318 to Stover et al (Stover).
`
`ln Reference to Claim 1
`
`Stover discloses a scroll compressor comprising:
`
`a partition plate (Fig. 14, annotated by the examiner) that partitions an
`
`inside of a sealed container (Fig. 1, annotated by the examiner) into a high-
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`pressure space and a low-pressure space;
`
`

`

`Application/Control Number: 15/117,447
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`Page 4
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`Art Unit: 3748
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`a fixed scroll (Fig. 14, 1106) adjacent to the partition plate;
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`an orbiting scroll (Fig. 14, 1108) that meshes with the fixed scroll to form
`
`a compression chamber;
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`a rotation restrictor (Fig. 14, annotated by the examiner) that prevents
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`rotation of the orbiting scroll;
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`a main bearing (Fig. 14, 1052) that supports the orbiting scroll; a bearing
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`coupler provided in the main bearing;
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`a scroll coupler (Fig. 14, annotated by the examiner) provided in the fixed
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`scroll; and
`
`a pillar member (Fig. 14, annotated by the examiner) having a lower end
`
`and an upper end, the lower end being inserted in the bearing coupler, the upper
`
`end being inserted in the scroll coupler,
`
`wherein
`
`the fixed scroll (Fig. 14, 1106), the orbiting scroll (Fig. 14, 1108), the
`
`rotation restrictor (Fig. 14, annotated by the examiner), and the main bearing
`
`(Fig. 14, 1052) are disposed in the low-pressure space,
`
`the fixed scroll (Fig. 14, 1106) and the orbiting scroll (Fig. 14, 1104) are
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`disposed between the partition plate (Fig. 14, annotated by the examiner) and
`
`the main bearing (Fig. 14, 1052), and
`
`the lower end of the pillar member (Fig. 14, annotated by the examiner)
`
`and the bearing coupler (Fig. 14, annotated by the examiner) are fixed together,
`
`and the upper end of the pillar member (Fig. 14, annotated by the examiner) and
`
`

`

`Application/Control Number: 15/117,447
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`Page 5
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`Art Unit: 3748
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`the scroll coupler are coupled together in a manner slidable in an axial direction,
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`and
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`a coupling region (Fig. 14, annotated by the examiner) where the pillar
`
`member couples with the scroll coupler is in intersecting relationship with a
`
`horizontal plane positioned at a center of a scroll wrap height of the fixed scroll.
`
`Ill
`
`
`
`.
`
`Claim Rejections - 35 USC § 103
`
`9.
`
`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.
`
`

`

`Application/Control Number: 15/117,447
`
`Page 6
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`Art Unit: 3748
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`10.
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`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
`
`commonly owned as of the effective filing date of the claimed invention(s) absent any
`
`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`owned as of the effective filing date of the later invention in order for the examiner to
`
`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`11.
`
`Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Stover.
`
`ln Reference to Claim 3
`
`Stover teaches relationship expressed below is satisfied, where H is the scroll
`
`wrap height of the fixed scroll and L is an axial length of a coupling region where the
`
`upper end of the pillar member couples with the scroll coupler, H/22L (As showed in Fig.
`
`1 and 14, the relative height between scroll length and scroll wrap height is merely a
`
`design variable, it can be about the same height as the scroll wrap as showed in Fig.
`
`1
`
`or about a help of the scroll height).
`
`12.
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Stover in
`
`view of US Patent 5,857,844 to Lifson et al (Lifson).
`
`ln Reference to Claim 5
`
`Stover discloses a suction inlet (Fig. 11 as showed) provided in the fixed
`
`scroll (Fig. 11, 906) to provide communication between the compression
`
`chamber and the low-pressure space
`
`

`

`Application/Control Number: 15/117,447
`
`Page 7
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`Art Unit: 3748
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`Stover does not teach the following but is taught by Lifson:
`
`the radius of the fixed scroll compress is a design variable (Col. 1, Line 60-63)
`
`At the time claimed invention was made it would have been obvious to an artisan
`
`of ordinary skill to combine that taught by Stover with that taught by Lifson, since this
`
`would enable the practitioner of Stover to practice the advantage of balancing reaction
`
`moment during the operation (As taught by Lifson, Col. 1, Line 40-60).
`
`The combination of Stover and Lifson as applied to Claim 5 does not teach HSR.
`
`However, the R is merely a design parameter as being taught by Lifson.
`
`13.
`
`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Stover in in
`
`view of US Patent 4,431,388 to Eber et al (Eber).
`
`ln Reference to Claim 4
`
`Stover discloses a scroll compressor.
`
`Stover does not teach the following but is taught by Eber:
`
`an inner wall (Fig. 3, 27) of a fixed scroll wrap of the fixed scroll extends to
`
`a vicinity of a wall end (Fig. 3, 26) of an orbiting scroll wrap of the orbiting scroll
`
`to divide the compression chamber into a first chamber and a second chamber,
`
`the first chamber being formed between the inner wall of the fixed scroll wrap and
`
`an outer wall of the orbiting scroll wrap, the second chamber being formed
`
`between an outer wall of the fixed scroll wrap and an inner wall of the orbiting
`
`scroll wrap, the first chamber and the second chamber having different trapped
`
`volumes.
`
`

`

`Application/Control Number: 15/117,447
`
`Page 8
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`Art Unit: 3748
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`At the time claimed invention was made it would have been obvious to an artisan
`
`of ordinary skill to combine that taught by Stover with that taught by Eber, since this
`
`would enable the practitioner of Stover to practice the advantage of providing a
`
`compression chamber design.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DEMING WAN whose telephone number is (571 )272—
`
`1410. The examiner can normally be reached on Monday to Friday, 9:00 AM ~ 5:00 PM
`
`EST.
`
`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, Mark Laurenzi can be reached on 5712707878. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 15/117,447
`
`Page 9
`
`Art Unit: 3748
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`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.
`
`/DEMING WAN/
`
`Examiner, Art Unit 3748
`1/8/2018
`
`