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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
`
`
`
`
`
`15/113,272
`
`07/21/2016
`
`MASANORI KOBAYASHI
`
`20759.0016USWO
`
`2775
`
`HAMRE, SCHUMANN, MUELLER & LARSON PC.
`45 South Seventh Street
`Suite 2700
`MINNEAPOLIS, MN 55402- 1683
`
`BOBISH, CHRISTOPHER S
`
`ART UNIT
`3746
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/04/201 8
`
`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.
` 15/113,272 KOBAYASHI ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`CHRISTOPHER BOBISH $2215 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 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 07/21/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`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
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`; 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
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) fl is/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| CIaim(s)_1-4is/are rejected.
`8)|:I 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/
`
`
`
`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 07/21/2016 is/are: a)IXI 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)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.
`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)
`
`
`
`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
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180329
`
`

`

`Application/Control Number: 15/113,272
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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
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`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.
`
`Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly
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`claim the subject matter which the inventor or a joint inventor, or for pre-AIA the
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`applicant regards as the invention.
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`Claim 1 recites “a cylinder that compresses gas”; it is unclear how the cylinder is
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`intended to compress a gas or if it is possible for a stationary cylinder to do so.
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`Correction is required.
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`

`

`Application/Control Number: 15/113,272
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`Page 3
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`Art Unit: 3746
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`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 1-4 are is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`WO 2009/139138 (herein Akashi) in view of Katayama et al (US PGPub No.
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`2009/0101442).
`
`Akashi teaches:
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`limitations from claim 1, a sealed compressor comprising a sealed container
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`(101) that contains an electric element (104), and a compression element (105)
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`driven by the electric element, wherein the compression element includes: a
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`shaft (111) that includes a main shaft portion, and an eccentric shaft portion
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`(112) integrally movable with the main shaft portion, a bearing portion (120) that
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`supports the main shaft portion of the shaft to constitute a cantilever bearing
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`(paragraph 7), a cylinder (115) that compresses gas, a piston (123)
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`reciprocatively inserted into the cylinder, and a connecting rod (126) that
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`connects the eccentric shaft portion with the piston, an angle a1 formed by a first
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`center line indicating a shaft center of the bearing portion, and a second center
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`line indicating a shaft center of the cylinder, and an absolute value 01 of an angle
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`of a tilt of the shaft with respect to the bearing portion satisfy equation (1): a1 =
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`'lT/2 +c1 (paragraph 7, particularly page 5 and equation 6; FIG. 4);
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`

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`Application/Control Number: 15/113,272
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`Page 4
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`Art Unit: 3746
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`Akashi teaches a piston 123 but does not explicitly teach a structure of the piston
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`including sliding and non-sliding surfaces;
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`Katayama teaches:
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`limitations from claims 1-2, a sealed compressor comprising a sealed container
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`(101) that contains an electric element (104), and a compression element (105)
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`driven by the electric element; a cylinder (131) that compresses gas, a piston
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`(140) reciprocatively inserted into the cylinder; and an outer circumferential
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`surface of the piston includes: a seal portion (151) producing a clearance from an
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`inner circumferential surface of the cylinder (grooves 191 ), and forming a sliding
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`surface, an extension portion (152) disposed in a rear of the seal portion, and
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`forming a sliding surface, and a non-sliding portion (153) disposed in the rear of
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`the seal portion, and not forming a sliding surface (paragraph 34); wherein the
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`extension portion has a radius same as a radius of the seal portion, and forms
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`the sliding surface that supports side pressure (see FIG. 3 and FIG. 5);
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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 of the invention to provide sealing and non-sealing portions on the piston
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`in the compressor of Akashi, as taught by Katayama, in order to reduce friction
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`and increase efficiency (paragraph 18).
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`Akashi further teaches:
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`limitations from claim 4, comprising the sealed compressor according to claim 1
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`in a freezing cycle (paragraph 2);
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`

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`Application/Control Number: 15/113,272
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`Page 5
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`Art Unit: 3746
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`Akashi does not teach an inverter control;
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`Katayama further teaches:
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`limitations from claim 3, wherein the electric element is driven at a plurality of
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`rotation speeds by an inverter circuit (paragraph 45);
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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 a speed control in the compressor of
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`Katayama, as taught by Akashi, in order to allow the output of the compressor to
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`be varied according to need and thus increase efficiency by reducing power
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`usage.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`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.
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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)272-7118. The fax phone number
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
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`

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`Application/Control Number: 15/113,272
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`Page 6
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`Art Unit: 3746
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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.
`
`/CHRISTOPHER BOBISH/
`
`Examiner, Art Unit 3746
`
`