UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`14/779,472
`
`09/23/2015
`
`Masanori KOBAYASHI
`
`20759.0013USWO
`
`2118
`
`52835
`
`759°
`
`08/02/20”
`
`HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
`45 South Seventh Street
`Suite 2700
`
`Minneapolis, MN 55402-1683
`
`BRUNJES' CHRISTOPHER]
`
`3746
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
`
`08/02/2019
`
`ELECTRONIC
`
`Please find below and/or 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
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`following e—mail address(es):
`PTOMail@hsml.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`14/779,472
`Examiner
`CHRISTOPHER J BRUNJES
`
`Applicant(s)
`KOBAYASHI, Masanori
`Art Unit
`AIA (FITF) Status
`3746
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
`
`Status
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`1). Responsive to communication(s) filed on July 18, 2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] 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.
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`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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
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`1—2 and 5—6 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 1—2 and 5—6 is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] 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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
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`b)I:I Some**
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`c)CI None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] 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)
`
`1) C] Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/OBa and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190728
`
`

`

`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Page 2
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`Notice of Pre-AIA or AIA Status
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`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
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`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37
`
`CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for
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`continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR l.17(e) has been
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`timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR
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`1.114. Applicant's submission filed on July 18, 2019 has been entered.
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`Response to Amendment
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`3.
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`The amendment filed on July 18, 2019 has been entered. The amendments have overcome
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`the 35 USC 112(b) rejection set forth in the previous office action. Claims 3 & 4 have been
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`cancelled. Claims 1, 2, 5 & 6 remain pending in the application.
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`Claim Rejections - 35 USC § 103
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`4.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`5.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
`
`

`

`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Page 3
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`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.
`
`6.
`
`Claims 1, 2 & 6 are rejected under 35 U.S.C. 103 as being unpatentable over Park et
`
`al (US 2009/0175746 A1) (Park hereinafter) in further View of Kinjo (US 2014/0169998 A1)
`
`(Kinjo hereinafter).
`
`7.
`
`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);
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`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 and driven by
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`the electric component (Figure 4) to compress a refrigerant gas (Paragraph 2),
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`wherein the compression component includes:
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`a cylinder block (300) formed With a compression chamber inside thereof
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`(Figure 1);
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`a piston (100) reciprocatingly inserted into the compression chamber through
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`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 gas is
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`suctioned into the compression chamber (Figure 6), and a plurality of discharge holes (211)
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`through which the refrigerant gas is discharged from an interior of the compression chamber
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`(Figure 6),
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`the valve plate being provided With a plurality of discharge valves (230) Which open
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`and close the plurality of discharge holes, respectively (Figure 6),
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`

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`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Page 4
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`each discharge hole of the plurality of discharge holes having a different diameter
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`(Paragraph 42),
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`wherein the discharge holes (211) have an opening shape (Figure 13) configured such
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`that opening areas of the discharge holes are gradually decreased (C1) and then gradually
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`increased (C2) in the direction from the compression chamber toward a discharge side of the
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`valve plate, (Figure 13),
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`wherein the piston (100) is provided with a plurality of convex portions (101; Figure 7)
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`on a tip end surface thereof (CS), at least tip end portions of the plurality of conveX portions
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`being located inside of the plurality of discharge holes, respectively, in a state in which the
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`piston is located at a top dead center (Paragraph 83 — Lines 1—6),
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`wherein the plurality of conveX portions is sized relative to the plurality of discharge
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`holes such that (Paragraph 44) when a plurality of discharge passages of the refrigerant gas
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`are defined as spaces formed between outer peripheral surfaces of the plurality of conveX
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`portions and inner peripheral surfaces of the plurality of discharge holes, respectively, in a
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`state in which the plurality of conveX portions are located inside of the plurality of discharge
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`holes, respectively (Paragraphs 47—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
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`from each other. This would result in a space being formed between these two components when
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`the protrusion is inserted into the discharge hole at top dead center (Paragraph 83 — Lines 3—5)),
`
`and
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`when passage spacing’s of the plurality of discharge passages are defined as a distance
`
`between the outer peripheral surfaces of the plurality of conveX portions and the inner
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`peripheral surfaces of the plurality of discharge holes (Paragraphs 47—48; Figure 8), and
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`

`

`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Page 5
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`passage areas of the plurality of discharge passages are defined as a transverse sectional area
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`between the outer peripheral surfaces of the plurality of convex portions and the inner
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`peripheral surfaces of the plurality of discharge holes (see the annotation of Figure 9 below,
`
`the projections extend into their respective discharge holes when the piston is in the top of the
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`stroke (Paragraph 83 — Lines 3—5), and would therefore have some passage area defined as a
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`transverse sectional area between the outer peripheral surface of the convex portion and the inner
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`peripheral surface of the discharge hole),
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`each of the plurality of discharge passages has the same non-zero passage spacing (see
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`the annotated Figure below; The passage spacing is defined as “a distance between the outer
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`peripheral surface of the plurality of convex portions and the inner peripheral surfaces of the
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`plurality of discharge holes”, (see Claim 1 — Lines 31—33). Even if both protrusions are sized and
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`formed with an inclination angle that are different from each other, (see Paragraph 42 & 44), the
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`examiner holds that there would be still be some undefined spacing, at some location in the first
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`discharge passage that would be the same as the passage spacing in the other discharge passage,
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`though the axial spacing of each of the same non—zero passage spacing’s may be different from
`
`each other.), and
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`the passage areas of the plurality of discharge passages are different form each other
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`(the passage areas would be different from each other in AT LEAST in size if the discharge
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`passages had different diameters, see Paragraphs 42 & 44).
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`

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`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Page 6
`
`
`
`.
`
`,_
`
`
`Passage
`Spacing ”K"
`.1
`.
`»
`Passage,
`.
`Mia:
`'
`-
`-'
`Spacing'k"
`
`Qispiauem ,
`‘
`p
`j
`
`
`
`
`inclination
`
`
`
`
`Angie "s1”
`
`intimation
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`Angle “fl"
`
`8.
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`Park fails to teach wherein the discharge holes have an opening shape which is a bell mouth
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`section, and the opening areas of the discharge holes are smallest in locations nearer to the
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`compression chamber than to a center of the valve plate.
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`9.
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`However, Kinjo does teach how an actuating piston (125) can have a protrusion (155)
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`that mates with a discharge opening (139), this discharge opening is a bell mouth section
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`configured such that opening areas of the discharge holes are gradually decreased and then
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`gradually increased in the direction form the compression chamber toward a discharge side
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`of the valve plate (Figure 3); and the opening areas of the discharge holes are smallest in
`
`

`

`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Page 7
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`locations nearer to the compression chamber than to a center of the valve plate (Please note
`
`that the claim does not state that opening areas of the discharge holes are smallest ONLY in
`
`locations nearer to the compression chamber, just that they ARE smallest in an area that is nearer
`
`to the compression chamber than to a center of the valve plate, see the annotation of Figure 3
`
`below). Please note that even when the discharge passages of Park are modified to have a bell
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`mouth section, the examiner holds that this would still result in a pump assembly wherein “each
`
`of the plurality of discharge passages has the same non—zero passage spacing” AND “the passage
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`areas of the plurality of discharge passages are different form each other”. This is because Park
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`clearly states that protrusions are formed to “correspond to the number and the size of the
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`discharge holes”, see Paragraph 44.
`
`

`

`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Page 8
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`Valve Piate
`
`Center Line
`
`.l
`
`
`
`
`i
`
`,
`
`
`
`~.\.
`‘ x
`,\
`
`
`
`-‘\
`
`Locations Where Gpenlng
`Areas Ara Smallest
`
`Passage
`
`Spacing
`x"
`
`Axial
`
`Displacement
`
`.
`
`__ _ _
`
`Inclination
`Angle “B"
`
`inclination
`Angle "A“
`
`
`
`
`
`
`Passage
`
`Spacing
`"x"
`
`_
`
`_
`
`10.
`
`Having the discharge opening having a curved, bell—shaped mouth would have been well
`
`within the capabilities of a person having ordinary skill in the art at the effective filing date of the
`
`claimed invention. The smoother surface would provide a smoother fluid flow and minimize the
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`amount of turbulence generated.
`
`11.
`
`Therefore, to one of ordinary skill in the art at the effective filing date of the claimed
`
`invention desiring a compressor that has a discharge opening with smoother walls to reduce
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`turbulence, it would have been obvious to utilize the techniques disclosed in Park in combination
`
`with those seen in Kinjo in order to obtain such a result.
`
`

`

`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Page 9
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`12.
`
`Regarding Claim 2, Park in view of Kinjo teaches the invention as disclosed above in
`
`Claim 1, wherein Park further teaches: wherein the passage areas of the plurality of discharge
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`passages are made different from each other, by making at least one of volumes of the
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`plurality of convex portions, shapes of the plurality of convex portions, and sizes of the
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`plurality of discharge holes, different from each other (Abstract — Lines 9—10; Paragraph 48;
`
`Paragraph 86 — Lines 5—19; Figure 7).
`
`13.
`
`Regarding Claim 6, Park in view of Kinjo teaches the invention as disclosed above in
`
`Claim 1, wherein Park in view of Kinjo further teaches: A refrigeration device (Park: Paragraph
`
`3) comprising: the sealed compressor as recited in claim 1 (see the rejection of Claim 1 above).
`
`14.
`
`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 Kinjo (US 2014/0169998 A1) (Kinjo
`
`hereinafter) & Tsuboi (US 2009/0116982 A1) (Tsuboi hereinafter).
`
`15.
`
`Regarding Claim 5, Park in view of Kinjo teaches the invention as disclosed above in
`
`Claim 1, wherein Park & Kinjo fails to teach: wherein the electric component is inverter—driven
`
`at one of a plurality of operating frequencies.
`
`16.
`
`However, Tsuboi does teach a hermetic piston compressor (Figure 1) wherein the electric
`
`component is inverter-driven at one of a plurality of operating frequencies (Paragraph 64 —
`
`Lines 4—5).
`
`17.
`
`The use of inverter—driven electric component to drive a compression component was well
`
`known to those having ordinary skill
`
`in the art, and provides the benefit of allowing the
`
`compression element to be driven with a plurality of operational frequencies (see paragraph 64).
`
`

`

`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Page 10
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`18.
`
`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 Kinjo, Tsuboi in order to obtain such a result.
`
`Response to Arguments
`
`19.
`
`The applicants arguments/remarks entered on July 18, 2019 have been fully considered,
`
`but are not found to be persuasive.
`
`20.
`
`As noted in the rejection above, the examiner holds that both Park AND Park as modified
`
`in view of Kinjo would read on the new amendments. Please note that the amendments are still
`
`very generically written because they don’t specify if there is a specific axial location within each
`
`discharge passage where the passage spacing & passage areas are being determined (i.e. at the
`
`mouth of the discharge passage or where “the opening areas of the discharge holes are smallest”,
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`as described in Claim 1), or even if these dimensions/areas are in THE SAME axial location
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`WITHIN EACH discharge passage.
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`21.
`
`So with respect
`
`to Park, each protrusion would have some inclination angle that
`
`corresponded to their respective discharge passage (Paragraph 44), and the discharge passage (as
`
`shown in Figure 9) is flared at both ends with chamfer portions and a portion with a constant
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`diameter in—between. So while there would be a portion in the discharge passage where the
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`“passage spacing” & “passage area” would be zero (i.e. on chamfer “Cl”), a “non—zero” spacing
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`would be formed between the protrusion and the uniform area in the middle of the discharge
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`passage.
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`22.
`
`The same would occur in the modification of Park in view of Kinjo.
`
`

`

`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Page ll
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`23.
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`For these reasons, the applicant did not find the applicants arguments to be persuasive.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to CHRISTOPHER J BRUNJES whose telephone number is (571)272—2083.
`
`The examiner can normally be reached on M—F: 9am—5pm.
`
`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
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`
`/C.J.B/
`
`Examiner, Art Unit 3746
`/DEVON C KRAMER/
`
`

`

`Application/Control Number: 14/779,472
`Art Unit: 3746
`
`Supervisory Patent Examiner, Art Unit 3746
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`Page 12
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`