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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
`08’01’2018
`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
`
`08/01/2018
`
`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.
`
`
`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 06/21/2018.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| 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)|:| 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1 and 3-9 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| Claim(s)_1 and3-9 is/are rejected.
`8)|:| 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/
`
`
`
`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l 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)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) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] 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 20180725
`
`

`

`Application/Control Number: 15/406,208
`
`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.
`
`Response to Amendment
`
`The amendments filed 06/21/2018 have been considered and are insufficient to
`
`overcome the previous rejection in view of Haraki, Hsiao, and Smith.
`
`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:
`
`

`

`Application/Control Number: 15/406,208
`
`Page 3
`
`Art Unit: 3746
`
`limitations from claim 1, a sealed refrigerant compressor (100) comprising: a
`
`sealed container (101 ); an electric component (111) accommodated in the sealed
`
`container; and a compression component (117) accommodated in the sealed
`
`container and configured to be driven by the electric component (paragraphs 34-
`
`35), wherein the compression component includes a cylinder (137) disposed
`
`inside the sealed container to extend in a direction crossing a vertical direction
`
`(FIG. 1), and a piston (133) which is reciprocatable inside the cylinder (paragraph
`
`43), wherein the electric component includes a stator (113), and a rotor (115)
`
`having a lower surface facing an oil surface (103) 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);
`
`Haraki does not teach balancing holes in the rotor;
`
`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 in the radial direction of the rotor 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);
`
`

`

`Application/Control Number: 15/406,208
`
`Page 4
`
`Art Unit: 3746
`
`It would have been obvious to one of ordinary skill in the art of compressors at
`
`the time the invention was filed to provide layers and 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 (C.
`
`1 Lines 44-52 and C. 3 Lines 46-52 of Hsiao).
`
`Hsiao 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);
`
`limitations from claim 8, wherein the at least one balance hole (22, 42) is a blind
`
`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 ;
`
`

`

`Application/Control Number: 15/406,208
`
`Page 5
`
`Art Unit: 3746
`
`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 Hsiao et al (US Patent No. 7,598,650) 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,
`
`instead teaching blind holes (see FIG. 5-6 of Hsiao; additionally Hsiao teaches
`
`that the size and shape of the holes may be determined via software analysis
`
`based upon compressor parameters);
`
`However, Fukasaku teaches:
`
`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
`
`(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
`
`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.
`
`

`

`Application/Control Number: 15/406,208
`
`Page 6
`
`Art Unit: 3746
`
`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 (100) comprising: a
`
`sealed container (101 ); an electric component (111) accommodated in the sealed
`
`container; and a compression component (117) accommodated in the sealed
`
`container and configured to be driven by the electric component (paragraphs 34-
`
`35), wherein the compression component includes a cylinder (137) disposed
`
`inside the sealed container to extend in a direction crossing a vertical direction
`
`(FIG. 1), and a piston (133) which is reciprocatable inside the cylinder (paragraph
`
`43), wherein the electric component includes a stator (113), and a rotor (115)
`
`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, 38); 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:
`
`

`

`Application/Control Number: 15/406,208
`
`Page 7
`
`Art Unit: 3746
`
`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 in the radial direction of the rotor 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 Japikse, 181 F,2d 1019, 86 USPG 7O (GCPA 1950), in this
`
`case the location of 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 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 (Page 1 C.
`
`1 Lines 33-45 of Smith).
`
`

`

`Application/Control Number: 15/406,208
`
`Page 8
`
`Art Unit: 3746
`
`Response to Arguments
`
`Applicant's arguments filed 06/21/2018 have been fully considered but they are
`
`not persuasive.
`
`Applicant argues that Hsiao teaches balance holes 22, 42 that are line symmetric
`
`with respect to an axis of the rotor, the examiner respectfully disagrees. In the
`
`annotated FIG. 6 below, none of the points along the axis can be considered point
`
`symmetric because the depths of the holes 22, 42 differ; therefore the holes are not
`
`positioned/dimensioned so that each and every point of one hole has an equal and
`
`opposite point across the example points below. This holds true for any point along the
`
`axis. Therefore the holes are not point-symmetric.
`
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`

`

`Application/Control Number: 15/406,208
`
`Page 9
`
`Art Unit: 3746
`
`The annotated FIG 5A and 6 below show various lines, across which the balance
`
`holes are not symmetric. None of the lines of FIG. 6 include both the upper and lower
`
`holes 22, 42 across the axis and therefore cannot be considered symmetric. Viewed
`
`from a top down angle, the line in FIG. 5A includes holes 22 on one side of the rotor but
`
`no holes on the opposite radial side of the rotor. Therefore the holes cannot be
`
`considered line symmetric.
`
`
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`
`The same arguments provided for the Hsiao reference above, also apply to FIG.
`
`4 and FIG. 3 of Smith respectively. The top down view of Smith (FIG. 3) shows a set of
`
`larger holes on the left half of the rotor and a set of smaller holes on the right half of the
`
`rotor; therefore not symmetry across a line in FIG. 3 can exist. The vertical cross-
`
`sectional view in FIG. 4 shows holes 58, 60, 62 of different shape and sizes, similar to
`
`FIG. 6 of Hsiao above, no point along the axis will include equal and opposite points of
`
`

`

`Application/Control Number: 15/406,208
`
`Page 10
`
`Art Unit: 3746
`
`respective holes. Therefore the balance holes taught by Smith cannot be considered
`
`line or point symmetric.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`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.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`

`

`Application/Control Number: 15/406,208
`
`Page 11
`
`Art Unit: 3746
`
`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—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
`/DEVON KRAMER/
`
`Supervisory Patent Examiner, Art Unit 3746
`
`