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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
`
`20240.0039USWO
`
`8128
`
`05’1“)” —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
`
`05/19/2017
`
`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)
`
`

`

`
`Application No.
`Applicant(s)
`
` 14/423,987 IDE ET AL.
`Office Action Summary
`Examiner
`Art Unit
`AIA (First Inventorto File)
`
`
`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 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 04/17/2017.
`[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.
`
`3) D Interview Summary (PT0_413)
`1) D 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 20170508
`
`Disposition of Claims*
`5)|XI C|aim(s) His/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s L7 is/are rejected.
`
`is/are objected to.
`
`I )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l C|aim(s
`I
`* 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
`://www.usoto. ov/ atents/init events"
`h/index.‘s
`
`
`
`
`
`, 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)
`
`
`
`

`

`Application/Control Number: 14/423,987
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`Page 2
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`Art Unit: 3746
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`DETAILED ACTION
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`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 amendments filed 04/17/2017 have been considered and are insufficient to
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`overcome the Manke, Kakiuchi, and Vasta references.
`
`Claims 1-7 remain pending.
`
`Claim Rejections - 35 USC § 102
`
`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.
`
`Claim(s) 1 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated
`
`by Manke et al (US PGPub No. 2005/0008502).
`
`Manke teaches:
`
`

`

`Application/Control Number: 14/423,987
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`Page 3
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`Art Unit: 3746
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`limitations from claim 1, a sealed compressor (FIG. 1-2) comprising: an electric
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`component including a stator (62) and a rotor (61 ); a compression component
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`(70) driven by the electric component; and a sealed container (10) configured to
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`accommodate the electric component and the compression component and store
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`lubricating oil lubricating the compression component, wherein: the compression
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`component includes a shaft (50) including a main shaft section and an eccentric
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`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
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`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,
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`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
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`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
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`bearing (95, paragraph 58-59), such that a first oil film is formed between a lower
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`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
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`and “leaks” into the bearing 90);
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`limitations from claim 6, wherein flatness of a main surface, contacting the thrust
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`surface, of the first thin plate is lower than flatness of the thrust surface
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`(paragraph 59; when the projections are on the face 41);
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`

`

`Application/Control Number: 14/423,987
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`Page 4
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`Art Unit: 3746
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`limitations from claim 7, wherein: a flange surface (51 a) is provided at the shaft
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`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
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`(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);
`
`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 1-5 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).
`
`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
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`component (1121) driven by the electric component; and a sealed container
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`(1101) configured to accommodate the electric component and the compression
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`component and store lubricating oil lubricating the compression
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`component, wherein: the compression component includes a shaft (1122)
`
`

`

`Application/Control Number: 14/423,987
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`Page 5
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`Art Unit: 3746
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`including a main shaft section (1122a) and an eccentric shaft section (1122b),
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`the rotor being fixed to the main shaft section (paragraph 56), a cylinder block
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`(1123) including a compression chamber (1123a), a piston (1125) configured to
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`perform a reciprocating movement in the compression chamber, a coupling
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`section (1126) coupling the piston and the eccentric shaft section, a main bearing
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`(1124) provided at the cylinder block and supporting the main shaft section, and
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`a thrust rolling bearing (FIG. 2; 1131) provided at a thrust surface of the main
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`bearing; the thrust rolling bearing includes an upper race (1134), a lower race
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`(1135), a cage (1133) provided between the upper race and the lower race, and
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`a plurality of rolling elements (1132) 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 (paragraph 57-58); the rolling elements are arranged at
`
`the raceway groove of the upper and lower races (paragraph 57-58); such that a
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`first oil film is formed between a lower surface of the first thin plate and the thrust
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`surface of the main bearing and a second oil film is formed between an upper
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`surface of the first thin plate and a lower surface of the lower race (paragraph 61
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`teaching the need for an oil between lower surfaces of the bearing assembly and
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`the upper and lower bearing surfaces);
`
`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
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`bearing includes an upper race (FIG. 9-12), a lower race (FIG. 9-12), and a
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`plurality of rolling elements (3);
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`and a metal ring-shaped, flat, thin plate is provided between the lower race and a
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`thrust surface of the main bearing (14, 18, 19, 21; C. 1 Lines 22-24 and C. 2
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`Lines 36-46); wherein the thin plate is one of a plurality of thin plates (FIG. 9-12)
`
`

`

`Application/Control Number: 14/423,987
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`Page 6
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`Art Unit: 3746
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`provided between the lower race and the thrust surface of the main bearing (C. 2
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`Lines 36-46);
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`It would have been obvious to one of ordinary skill in the art of compressors at
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`the time the invention was filed to provide multiple plates in the bearing of
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`Kakiuchi, as taught by Vasta, in order to dampen forces on the bearing in an
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`evenly distributed manner (C. 1 Lines 22-28 of Vasta).
`
`Regarding claims 4-5:
`
`Kakiuchi and Vasta do not teach a specific size for the flat plates. However, it
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`would have been obvious to one of ordinary skill in the art of compressors at the
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`time the invention was filed to choose a size for the damping members as a
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`matter of design choice, in order to control the amount of damping provided by
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`the bearings. See C. 2 Lines 47-49 of Vasta in which different numbers of plates
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`are disclosed and differing elastic characteristics are taught as variables.
`
`Response to Arguments
`
`Applicant's arguments filed 04/17/2017 have been fully considered but they are
`
`not persuasive.
`
`Applicant argues that Manke does not teach a flatsupport means. Specifically
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`applicant argues that the support means 95 includes surfaces 95a-b with convex
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`projections, and therefore would not be considered a flat plate as claimed. The
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`examiner respectfully disagrees. While paragraph 59 of Manke does disclose that the
`
`

`

`Application/Control Number: 14/423,987
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`Page 7
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`Art Unit: 3746
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`means 95 may be constructed with convex projections, Manke also teaches in the same
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`paragraph that the projections may instead be formed on the face 41 of the hub 41a
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`and/or the lower face 93a of the race 93. Therefore the examiner maintains that Manke
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`teaches an embodiment wherein the means 95 is flat.
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`Applicant further argues that Manke does not teach an oil film on either side of
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`the support means 95. However, the examiner notes paragraph 42 in particular which
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`teaches that oil from the shaft and passage 58 is provided to the bearing 90 (further via
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`gap FR, see paragraph 51), which includes each of the support means 95, race 93 and
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`hub 41. Therefore the examiner maintains that the elements 95, 93, and 41 as well as
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`the spaces between will be provided with lubricating oil via the passages 58 and FR.
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`Regarding the 103 rejection in view of Kakiuchi and Vasta, applicant further
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`argues that Vasta does not teach oil films between the supporting rings and the running
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`rings. However, the examiner notes that Vasta was relied upon to teach the addition of
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`flat ring plates to the bearing assembly of Kakiuchi, and that Kakiuchi does teach such a
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`lubrication of the bearing parts. Particularly, paragraph 61 of Kakiuchi teaches that
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`refrigerant oil and the viscosity inherent in such an oil is necessary to properly regulate
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`the relative rotation of the bearing parts. One of ordinary skill would not remove the oil
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`films taught by Kakiuchi when modifying the bearing assembly thereof to include
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`additional damping plates as taught by Vasta, at least because the oil films perform a
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`necessary regulation of the bearing parts. Therefore the examiner maintains that the
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`combination of Kakiuchi and Vasta teaches what is claimed with regards to an oil film
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`between plate portions and the hub/bearing.
`
`

`

`Application/Control Number: 14/423,987
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`Page 8
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`Art Unit: 3746
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`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).
`
`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
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`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
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`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.
`
`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
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`Art Unit: 3746
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Devon Kramer can be reached on (571 )272—71 18. The fax phone number
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`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.
`
`/CHARLES FREAY/
`
`Primary Examiner, Art Unit 3746
`
`/CHRISTOPHER BOBISH/
`
`Examiner, Art Unit 3746
`
`