www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`15/168,912
`
`05/31/2016
`
`Hironari AKASHI
`
`20759.0004USD1
`
`6168
`
`53148
`
`759°
`
`10/29/2018
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
`
`MINNEAPOLIS, MN 55402-1683
`
`PLAKKOOTTAM' DOMINICKL
`
`ART UNIT
`3746
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/29/2018
`
`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
`
`following e—mail address(es):
`PTOMail@hsml.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/168,912
`Examiner
`DOMINICK L PLAKKOOTTAM
`
`Applicant(s)
`AKASHletal.
`Art Unit
`3746
`
`AIA Status
`No
`
`- 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
`
`1). Responsive to communication(s) filed on 10/10/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`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.
`
`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)
`
`1 and 4—7 is/are pending in the application.
`
`5a) Of the above claim(s) fl is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1 and 5—7 is/are rejected.
`
`E] Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* 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
`
`http://www.uspto.gov/patents/init events/pph/index.'sp 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 5/31/16 is/are: a). accepted or b)D 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
`
`b)|:] Some”
`
`c)C] None of the:
`
`1..
`
`Certified copies of the priority documents have been received.
`
`21:]
`
`Certified copies of the priority documents have been received in Application No.
`
`3D 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)
`
`Notice of References Cited (PTO-892)
`
`2) E] Information Disclosure Statement(s) (PTO/SB/08a 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-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20181024
`
`

`

`Application/Control Number: 15/168,912
`Art Unit: 3746
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Continued Examination Under 37 CFR 1. 1 14
`
`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 continued examination under 37 CFR 1.114, and the fee set
`
`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
`
`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
`
`10/10/2018 has been entered.
`
`Claim Objections
`
`3.
`
`Claim 1
`
`is objected to because of the following informalities: Amend as follows:—-
`
`at least one of the main surfaces of the upper race and the main surfaces of the lower
`
`race, the main surfaces facing each other, is provided with a raceway groove--.
`
`Appropriate correction is required.
`
`4.
`
`Claims 5-7 are also objected to as they depend on an objected claim.
`
`Claim Rejections - 35 USC § 1 12
`
`5.
`
`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.
`
`

`

`Application/Control Number: 15/168,912
`Art Unit: 3746
`
`Page 3
`
`6.
`
`Claims 1 and 5-7 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.
`
`7.
`
`Claim 1 mentions the limitations “the main surface that is in contact with the
`
`upper portion of the balls of the upper race” and “the main surface that is in contact with
`
`the lower portion of the balls of the lower race” as newly added. These limitations are
`
`unclear since they seem to imply that the upper race and the lower race each have their
`
`own respective balls. For the purposes of examination, these limitations will be
`
`interpreted as follows: “the main surface of the upper race that is in contact with the
`
`upper portion of the balls” and “the main surface of the lower race that is in contact with
`
`the lower portion of the balls”. Please note that this issue is repeated in the last added
`
`limitation of claim 1.
`
`8.
`
`Claim 1 discloses the limitation “the lower race is disposed on a thrust surface
`
`defined by an inner bottom surface of a recess--.” It is unclear if this thrust surface is the
`
`same thrust surface mentioned earlier in this claim. For purposes of examination this
`
`limitation will be interpreted as “the thrust surface”.
`
`9.
`
`Claim 1 further discloses the limitation: “the main surface of the lower race is
`
`disposed above the main surface of the main bearing unit--.” It is unclear which of the
`
`plurality of main surfaces of the lower race is disposed in this claimed manner. For the
`
`purposes of examination, this limitation will be interpreted as follows: “the main surface
`
`of the lower race that is in contact with the lower portions of the balls, is disposed above
`
`the main surface of the main bearing unit.”
`
`

`

`Application/Control Number: 15/168,912
`Art Unit: 3746
`
`Page 4
`
`10.
`
`Claims 5-7 are rejected by virtue of their dependency on rejected claim 1.
`
`Claim Rejections - 35 USC § 103
`
`11.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`12.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`13.
`
`Claims 1, 5 and 7 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Kobayashi et al. (herein Kobayashi) (JP 2010-255556, English
`
`translation appended) in view of Cho (US PG Pub 2007/0025864) in further view of
`
`Okaichi et al. (herein Okaichi) (US PG Pub 2006/0192171)
`
`Regarding Claim 1:
`
`ln Figures 1-4, Kobayashi discloses a sealed compressor (100) comprising: an electric
`
`component (motor 105) including a stator (denoted as 105) and a rotor (104); a
`
`compression component (compression element 106) actuated by the electric
`
`

`

`Application/Control Number: 15/168,912
`Art Unit: 3746
`
`Page 5
`
`component (see paragraph [0057]) and a sealed container (well-closed container 101)
`
`accommodating the electric component and the compression component and storing
`
`lubricating oil (oil 102) for lubricating the compression component (as seen in Figure 1
`
`and paragraph [0060]); wherein the compression component includes a shaft (110)
`
`including a main shaft section (111) to which the rotor (104) is fastened (see Figure 1)
`
`and an eccentric shaft section (112), a cylinder block (114) accommodating a piston
`
`(126) reciprocatable according to rotation of the shaft (see paragraph [0057]), a main
`
`bearing unit (120) mounted on the cylinder block (formed as lower portion of cylinder
`
`block) to support the main shaft section (see Figure 1), and a thrust ball bearing (thrust
`
`bearing 132, see Figure 2) disposed between a flange surface (flange surface located
`
`below eccentric shaft 112, henceforth referred to as FS) formed in the shaft and a thrust
`
`surface (130) formed in the main bearing unit (see Figure 2), and a bearing extending
`
`section (144) of the main bearing unit (120) that extends vertically in an inner peripheral
`
`portion of the thrust surface and protrudes upward from the thrust surface (see Figure
`
`2); the main shaft section (111) is provided with a first oil feeding passage (150a-c) to
`
`transport the lubricating oil from a lower portion of the main shaft section to an upper
`
`portion of the main shaft section(see paragraphs [0052]-[0053]); the thrust ball bearing
`
`(132) includes a plurality of balls (134) held in a cage (133), an upper race (135)
`
`disposed such that one of its main surfaces is in contact with upper portions of the balls
`
`(as clearly seen in Figure 2); and a lower race (136) disposed such that one of its main
`
`surfaces is in contact with lower portions of the balls (as clearly seen in Figure 2); the
`
`main surface of the upper race that is in contact with the upper portions of the balls and
`
`the main surface of the lower race that is in contact with the lower portions of the balls
`
`

`

`Application/Control Number: 15/168,912
`Art Unit: 3746
`
`Page 6
`
`face each other (as clearly seen in Figure 2); the lower race (136) is disposed on the
`
`thrust surface (130, via support 162) defined by an inner bottom surface of a recess
`
`formed in a main surface (upper surface of main bearing unit 120 seen on the left side
`
`of Figure 2) of the main bearing unit (as seen in Figure 2, the lower race is clearly
`
`disposed on an inner bottom surface of a recess formed in the main bearing unit), and
`
`the main surface of the lower race that is in contact with the lower portions of the balls is
`
`disposed above the main surface of the main bearing unit (as seen clearly in Figure 2);
`
`and the thrust ball bearing (130) is provided with a second oil feeding passage
`
`(passageway formed by gap between the upper and lower races and between any two
`
`adjacent balls, henceforth referred to as P2) communicated with the first oil feeding
`
`passage (via 150c, 152 and 146) and configured to feed the lubricating oil to the races
`
`(as seen in Figure 2, the gap between the cage, the upper and lower races and any two
`
`adjacent balls is fed with lubricating oil) and a discharge passage (aforementioned gap.
`
`Also see paragraph [0077] which states that the oil used to lubricate the thrust bearing
`
`is capable of being returned to the oil sump via discharge path 168 indicating that the
`
`oil is discharged via the gap) through which the lubricating oil fed to races is discharged
`
`to outside of the thrust ball bearing (as evident from Figure 2, the gap between the
`
`cage, the upper and lower races and any two adjacent balls is fed with lubricating oil
`
`wherein this oil is discharge through this gap to the exterior of the thrust bearing and
`
`into discharge path 168); a clearance (146) is provided between the main surface of the
`
`upper race that is in contact with the balls and an upper end surface of the bearing
`
`extending section (144) such that the clearance provides a channel through which the
`
`second oil feeding passage is in fluid communication with the first oil feeding passage
`
`

`

`Application/Control Number: 15/168,912
`Art Unit: 3746
`
`(as evident from Figure 1).
`
`Page 7
`
`Kobayashi fails to disclose that at least one of the main surfaces of the upper race and
`
`the main surfaces of the lower race, the main surfaces facing each other, is provided
`
`with a raceway groove which is formed by an annular groove, and in which the balls are
`
`placed.
`
`However, in Figures 1-5, Cho discloses a similar compressor wherein a raceway groove
`
`is formed by an annular groove in which balls are place (see Figure 5).
`
`Hence, based on Cho’s teachings, it would have been obvious to one of ordinary skill in
`
`the art, before the invention was made, to include an annular raceway groove in one or
`
`both of the main surfaces of Kobayashi’s upper and lower races (as shown by Cho in
`
`Figure 5), since doing so would ensure smoother movement of the balls within the races
`
`and less friction between the balls and the races.
`
`Kobayashi further discloses a discharge hole (168) that vertically penetrates the main
`
`bearing unit, wherein the discharge hole extends along an axial direction of the main
`
`shaft section (see paragraph [0077]).
`
`Kobayashi fails to disclose that the discharge hole (168) penetrates the thrust surface.
`
`However, in Figure 1, Okaichi discloses a similar sealed compressor wherein a thrust
`
`surface of a main bearing unit (7) is provided with a discharge hole (7a) to discharge the
`
`lubricating oil (oil discharged to lower space 22 of motor via discharge hole 7a, see
`
`paragraph [0010]) such that the discharge hole vertically penetrates the main bearing
`
`unit through the thrust surface (as clearly seen in Figure 1), wherein the discharge hole
`
`extends along an axial direction of a main shaft section (as seen in Figure 1).
`
`Hence, based on Okaichi's teachings, it would have been obvious to one of ordinary
`
`

`

`Application/Control Number: 15/168,912
`Art Unit: 3746
`
`Page 8
`
`skill in the art, at the time the invention was made, to rearrange Kobayashi’s discharge
`
`hole (as taught by Okaichi) to penetrate Kobayashi's thrust surface (TS) such that after
`
`lubricating Cho's thrust bearing (30), the lubricating oil could be directly guided via the
`
`discharge hole to Cho's motor and oil sump (19), thereby minimizing oil pooling at
`
`Kobayashi’s thrust bearing which would lead to some slippage.
`
`Regarding Claim 5:
`
`Kobayashi discloses the thrust bearing, wherein the inner diameter of a cage (133) is
`
`larger than the respective inner diameters of each of the upper and lower races (135
`
`and 136). Kobayashi further discloses that the inner diameter of the upper race (135) is
`
`smaller than the inner diameter of the lower race (136).
`
`Regarding Claim 7:
`
`ln paragraph [0001] Kobayashi discloses that the sealed compressor as disclosed in the
`
`rejection of claim 1, is typically used in a refrigeration unit (freezing refrigerator).
`
`14.
`
`Claim 6 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Kobayashi et al. (herein Kobayashi) (JP 2010-255556, English translation
`
`appended) in view of Cho (US PG Pub 2007/0025864) in further view of Okaichi et al.
`
`(herein Okaichi) (US PG Pub 2006/0192171) in further view of Akashi et al. (herein
`
`Akashi) (US Patent No. 7,832,994)
`
`Kobayashi as modified by Cho and Okaichi substantially discloses all the claimed
`
`limitations but is silent regarding whether Kobayashi's motor is driven by an inverter
`
`unit.
`
`However, in Figure 1, Akashi discloses a similar sealed compressor with an inverter
`
`driven motor (104). This inverter is capable of driving the motor at a plurality of driving
`
`

`

`Application/Control Number: 15/168,912
`Art Unit: 3746
`
`Page 9
`
`frequencies (i.e., at multiple speeds, since motor speed is directly proportional to driving
`
`frequency), including a driving frequency not greater than a power frequency (see
`
`claims 7-12 and column 9, lines 40-67).
`
`Hence based on Akashi’s teachings, it would have been obvious to one of ordinary skill
`
`in the art, at the time the invention was made, to utilize an inverter to drive Kobayashi’s
`
`motor at various different driving frequencies, thereby allowing Kobayashi's motor to be
`
`driven at different speeds including a low speed at a driving frequency lower than a
`
`power supply frequency and thus advantageously reduce the power consumed by
`
`Kobayashi’s compressor (see Akashi's column 9, lines 40-67).
`
`Response to Arguments
`
`15.
`
`Applicant’s arguments with respect to claims 1 and 5-7 have been considered but
`
`are moot because the arguments do not apply to any of the new grounds of rejection
`
`being used in the current office action.
`
`Conclusion
`
`16.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DOMINICK L PLAKKOOTTAM whose telephone
`
`number is (571 )270-7571. The examiner can normally be reached on Monday - Friday
`
`12 pm -8 pm ET.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Essama Omgba can be reached on 571-272—4532. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 15/168,912
`Art Unit: 3746
`
`Page 10
`
`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 -272-1 000.
`
`/DOMINICK L PLAKKOOTTAM/
`
`Primary Examiner, Art Unit 3746
`
`