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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
`
`
`
`
`
`15/406,208
`
`01/13/2017
`
`Hidenori KOBAYASHI
`
`20240.0055US01
`
`8812
`
`53148
`7590
`03/21/2018
`HAMRE, SCHUMANN,MUELLER&LARSONP.C. —
`45 South Seventh Street
`BOBISH, CHRISTOPHER S
`Suite 2700
`MINNEAPOLIS, MN 55402- 1683
`
`PAPER NUMBER
`
`ART UNIT
`3746
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/21/2018
`
`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.
` 15/406,208 KOBAYASHI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`3746CHRISTOPHER BOBISH $233
`
`-- 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 01/03/2018.
`[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) D 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 20180316
`
`Disposition of Claims*
`5)|XI C|aim(s) 1 and 3-9 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s
`1 and 3-9 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
` S
`htt
`://www.usoto. ov/ atents/init events) .h/index.‘
`
`
`
`
`
`, 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: 15/406,208
`
`Page 2
`
`Art Unit: 3746
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`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.
`
`Continued Examination Under 37 CFR 1. 114
`
`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
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`01/03/2018 has been entered.
`
`Response to Amendment
`
`The amendments filed 01/03/2018 have been considered and are sufficient to
`
`overcome the previous rejection in view of Shore. A new rejection in further view of
`
`Brueckner has been presented below to address the limitations regarding rotor
`
`unbalance.
`
`

`

`Application/Control Number: 15/406,208
`
`Page 3
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`Art Unit: 3746
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`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, 3-5, and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Haraki et al (US PGPub No. 2014/0308141) in view of Hsiao et al (US Patent No.
`
`7,598,650).
`
`Haraki teaches:
`
`limitations from claim 1, a sealed refrigerant compressor (see conventional art
`
`FIG. 1) comprising: a sealed container (1); an electric component (10)
`
`accommodated in the sealed container; and a compression component (6)
`
`accommodated in the sealed container and configured to be driven by the
`
`electric component (C. 1 Lines 13-21), wherein the compression component
`
`includes a cylinder (5) disposed inside the sealed container to extend in a
`
`direction crossing a vertical direction (FIG. 1), and a piston (6) which
`
`is reciprocatable inside the cylinder (C. 1 Lines 13-21), wherein the electric
`
`component includes a stator (13), and a rotor (10) having a lower surface facing
`
`an oil surface of the lubricating oil (FIG. 1), and the rotor has a shape in which a
`
`diameter of the rotor is larger than a length (L) of the rotor in a rotational axis
`
`direction thereof (see FIG. 1, BB);
`
`Haraki does not teach balancing holes in the rotor;
`
`

`

`Application/Control Number: 15/406,208
`
`Page 4
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`Art Unit: 3746
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`Hsiao teaches:
`
`limitations from claims 1 and 3, a compressor (see conventional art FIG. 1)
`
`including a rotor (21, FIG. 5-6), wherein a core of the rotor is provided with at
`
`least one balance hole (22, 42) for adjusting a load balance during rotation of the
`
`rotor (C. 3 Lines 4-13 and 46-57); wherein the rotor includes a permanent
`
`magnet (50) and does not include a magnet protective member covering an outer
`
`periphery of the permanent magnet provided in the core (see FIG.
`
`1 of Haraki),
`
`and wherein the at least one balance hole (22, 42) is located not to be line-
`
`symmetric or point symmetric with respect to a rotational axis of the rotor (see
`
`FIG. 5A, SC); and is configured to adjust a load of the rotor during rotation into an
`
`unbalanced state (see FIG. 7 and forces F5 and F6; C. 3 Lines 21-40); wherein
`
`the at least one balance hole (22, 42) is provided in the core in such a manner
`
`that at least a part of the balance hole is located outward relative to the
`
`permanent magnet when viewed from the rotational axis direction of the rotor
`
`(see FIG. 5-6);
`
`It would have been obvious to one of ordinary skill in the art of compressors at
`
`the time the invention was filed to provide balancing holes in the rotor of Haraki
`
`as suggested by Hsiao, in order to unbalance the rotor so that the entirety of the
`
`reciprocating compressor may be balanced without the use of weights.
`
`Shore further teaches:
`
`limitations from claim 5, wherein the at least one balance hole (22, 42) extends in
`
`the rotational axis direction of the rotor (C. 3 Lines 4-13 and 46-57);
`
`

`

`Application/Control Number: 15/406,208
`
`Page 5
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`Art Unit: 3746
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`limitations from claim 8, wherein the at least one balance hole (22, 42) is a blind
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`hole having a bottom surface which is set to be higher than an upper surface of
`
`the stator (FIG. 5-6, C. 3 Lines 4-13 and 46-57);
`
`Haraki further teaches:
`
`limitations from claim 4, wherein the compression component is accommodated
`
`in the sealed container in such a manner that the compression component is
`
`located above the electric component (see FIG. 1);
`
`limitations from claim 9, a refrigeration device (paragraph 1) comprising a sealed
`
`refrigerant compressor (100) of claim 1 ;
`
`Claim 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haraki et
`
`al (US PGPub No. 2014/0308141) in view of Shore (US Patent No. 2,324,434) as
`
`applied to claim 1 above, and in further view of Fukasaku et al (US PGPub No.
`
`2016/0294251).
`
`Haraki and Hsiao do not teach that the balancing holes are through holes,
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`instead teaching blind holes (see FIG. 5-6 of Hsiao; additionally Hsiao teaches
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`that the size and shape of the holes may be determined via software analysis
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`based upon compressor parameters);
`
`

`

`Application/Control Number: 15/406,208
`
`Page 6
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`Art Unit: 3746
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`However, Fukasaku teaches:
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`limitations from claim 6, a compressor (100) including: a compression component
`
`(130), an electric component comprising a stator (160) and a rotor (150); wherein
`
`a core of the rotor is provided with at least one balance hole (156-159H) for
`
`adjusting a load balance during rotation of the rotor ( FIG. 3, paragraphs 56-59);
`
`wherein the at least one balance hole extends in the rotational axis direction of
`
`the rotor (see FIG. 3); wherein the at least one balance hole is a through-hole
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`(FIG. 6) and/or wherein the at least one balance hole is a blind hole (FIG. 3);
`
`It would have been obvious to one of ordinary skill in the art of compressors at
`
`the time the invention was filed to form balancing holes in the rotor of Haraki as
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`either blind holes or through holes as suggested by Fukasaku, in order to vary
`
`the material removed or the length of the weights inserted into the holes, thereby
`
`balancing the rotor.
`
`Claims 1 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Haraki et al (US PGPub No. 2014/0308141) in view of Smith (US Patent No.
`
`2,089,626).
`
`Haraki teaches:
`
`limitations from claim 1, a sealed refrigerant compressor (see conventional art
`
`FIG. 1) comprising: a sealed container (1); an electric component (10)
`
`

`

`Application/Control Number: 15/406,208
`
`Page 7
`
`Art Unit: 3746
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`accommodated in the sealed container; and a compression component (6)
`
`accommodated in the sealed container and configured to be driven by the
`
`electric component (C. 1 Lines 13-21), wherein the compression component
`
`includes a cylinder (5) disposed inside the sealed container to extend in a
`
`direction crossing a vertical direction (FIG. 1), and a piston (6) which
`
`is reciprocatable inside the cylinder (C. 1 Lines 13-21), wherein the electric
`
`component includes a stator (13), and a rotor (1 0) having a lower surface facing
`
`an oil surface of the lubricating oil (FIG. 1), and the rotor has a shape in which a
`
`diameter of the rotor is larger than a length (L) of the rotor in a rotational axis
`
`direction thereof (see FIG. 1, 3B); wherein the rotor includes a permanent
`
`magnet (115b) and does not include a magnet protective member covering an
`
`outer periphery of the permanent magnet provided in the core (see FIG. 1-3 of
`
`Haraki)
`
`Haraki does not teach balancing holes in the rotor;
`
`Smith teaches:
`
`limitations from claims 1 and 7, a compressor (FIG. 1) including a rotor (46),
`
`wherein a core of the rotor is provided with at least one balance hole (58, 60, 62;
`
`FIG. 3-4) for adjusting a load balance during rotation of the rotor (Page 2 C.
`
`1
`
`Lines 62-73); and wherein the at least one balance hole (58, 60, 62) is located
`
`not to be line-symmetric or point symmetric with respect to a rotational axis of the
`
`rotor (see FIG. 3-4); and is configured to adjust a load of the rotor during rotation
`
`into an unbalanced state (Page 2 C.
`
`1 Lines 61 -65); wherein the at least one
`
`balance hole is provided in the core in such a manner that at least a part of the
`
`balance hole is located outward relative to the permanent magnet when
`
`viewed from the rotational axis direction of the rotor (see FIG. 5-6 of Smith
`
`wherein the holes 58, 60, 62 are located at a periphery of the rotor; furthermore it
`
`has been held that the rearrangement of parts is a matter of design choice In re
`
`

`

`Application/Control Number: 15/406,208
`
`Page 8
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`Art Unit: 3746
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`Japikse, 181 F,2d 1019, 86 USPG 70 (GCPA 1950), in this case the location of
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`the holes changes the balance of the rotor and it would therefore be obvious to
`
`one of ordinary skill in the art to choose a location at any point in the rotor in
`
`order to balance the rotor weight); wherein a balance weight (50, 52) is fastened
`
`to an upper surface of the rotor to adjust a load balance, and wherein the at least
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`one balance hole is provided within a portion of the core of the rotor to which the
`
`balance weight is fastened. (see FIG. 1; Page 2 C.
`
`1 Lines 62-73);
`
`It would have been obvious to one of ordinary skill in the art of compressors at
`
`the time the invention was filed to provide balancing holes in the rotor of Haraki
`
`as suggested by Smith, in order to unbalance the rotor so that the entirety of the
`
`reciprocating compressor may be balanced without the use of weights.
`
`Response to Arguments
`
`Applicant’s arguments, see response, filed 01/03/2018, with respect to the
`
`rejection(s) of claim(s) 1 and 3-9 under Shore have been fully considered and are
`
`persuasive. Therefore, the rejection has been withdrawn. However, upon further
`
`consideration, a new ground(s) of rejection is made in view of Hsiao and Smith.
`
`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: 15/406,208
`
`Page 9
`
`Art Unit: 3746
`
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`
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`
`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
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`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.
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`
`/CHRISTOPHER BOBISH/
`
`Examiner, Art Unit 3746
`
`