`\.\_:
`
`
`
`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
`
`0mm” —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
`
`01/17/2017
`
`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 02/25/2015.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`2a)I:| 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) 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 20161222
`
`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)|Z| The drawing(s) filed on 02/25/2015 is/are: a)IXI 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
`
`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.
`
`Claim Rejections - 35 USC § 1 12
`
`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.
`
`Claim 7 is 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. Claim 7 recites the limitation "the other main surface" in lines 3-4.
`
`There is insufficient antecedent basis for this limitation in the claim.
`
`Claim 7 further recites the limitation "the thin plate is provided between the flange
`
`surface of the shaft and the other main surface of the upper race". However, claim 1
`
`from which claim 7 depends limits the thin plate to being located between the lower race
`
`and the thrust surface of the main bearing. It is not clear which of these locations is
`
`being claimed.
`
`
`
`Application/Control Number: 14/423,987
`
`Page 3
`
`Art Unit: 3746
`
`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:
`
`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 (10) 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),
`
`a cylinder block (20) including a compression chamber (30), a piston (80)
`
`configured to perform a reciprocating movement in the compression chamber, a
`
`coupling section (52) coupling the piston and the eccentric shaft section, a main
`
`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
`
`bearing; the thrust rolling bearing includes an upper race (92), a lower race (95),
`
`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
`
`
`
`Application/Control Number: 14/423,987
`
`Page 4
`
`Art Unit: 3746
`
`constituted by ring-shaped grooves is provided at opposing main surfaces of the
`
`upper and lower races (92, 93); the rolling elements are arranged at the raceway
`
`groove of the upper and lower races (paragraph 36); and a ring-shaped, flat, thin
`
`plate is provided between the lower race and the thrust surface of the main
`
`bearing (95, paragraph 58-59);
`
`limitations from claim 6, wherein flatness of a main surface, contacting the thrust
`
`surface, of the 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 the other main surface of the upper race (92); and the
`
`thin plate (96) is provided between the flange surface of the shaft and the other
`
`main 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).
`
`
`
`Application/Control Number: 14/423,987
`
`Page 5
`
`Art Unit: 3746
`
`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 groove
`
`constituted by ring-shaped grooves is provided at opposing main surfaces of the
`
`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);
`
`Kakiuchi does not teach a flat ring plate;
`
`Vasta teaches:
`
`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), and a
`
`plurality of rolling elements (3);
`
`
`
`Application/Control Number: 14/423,987
`
`Page 6
`
`Art Unit: 3746
`
`and a metal ring-shaped, flat, 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).
`
`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 design choice, in order to control the amount of damping provided by
`
`the bearings. See C. 2 Lines 47-49 of Vasta in which different numbers of plates
`
`are disclosed and differing elastic characteristics are taught as variables.
`
`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.
`
`
`
`Application/Control Number: 14/423,987
`
`Page 7
`
`Art Unit: 3746
`
`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
`
`