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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`15/406,208
`
`01/13/2017
`
`HidenOl‘i KOBAYASHI
`
`20759.0026U301
`
`8812
`
`53148
`
`759°
`
`02/25/20”
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
`
`MINNEAPOLIS, MN 55402-1683
`
`BOBISH‘ CHRISTOPHERS
`
`ART UNIT
`3746
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/25/2019
`
`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
`
`following e—mail address(es):
`PTOMail@hsml.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/406,208
`Examiner
`CHRISTOPHER S BOBISH
`
`Applicant(s)
`KOBAYASHI et al.
`Art Unit
`AIA 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
`
`1). Responsive to communication(s) filed on 11/30/2018.
`[: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 3—9 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1 and 3—9 is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. 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.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
`
`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
`
`b)I:I Some”
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`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) 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 20190218
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 2
`
`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. 1 14
`
`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
`
`11/30/2018 has been entered.
`
`Response to Amendment
`
`The amendments filed 06/21/2018 have been considered and are sufficient to
`
`overcome the previous rejections in view of Hsiao and Smith. However, a new rejection
`
`is made in further view of Lifson; Lifson teaches the use of asymmetric balance holes in
`
`compressor l‘OtOl‘S.
`
`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
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 3
`
`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 and 3-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Haraki et al (US PGPub No. 2014/0308141) in view of Lifson (US Patent No.
`
`6,305,914).
`
`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 (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, 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. 3a-b);
`
`Haraki does not teach balancing holes in the rotor;
`
`Lifson teaches:
`
`limitations from claim 1, a rotor (28) for a compressor (20), wherein a core of the
`
`rotor is provided with at least one balance hole (32a-b) configured to adjust a
`
`load balance during rotation of the rotor of the sealed refrigerant compressor (C.
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 4
`
`2 Lines 34-37), and wherein when considered from a direction along a rotational
`
`axis of the rotor (see FIG. 2), the at least one balance hole (32a-b) is located not
`
`to be line-symmetric or point-symmetric with respect to the rotational axis of the
`
`rotor and is configured to adjust a load of the rotor during rotation into an
`
`unbalanced state (FIG. 2; C. 2 Lines 38-57);
`
`It would have been obvious to one of ordinary skill in the art to provide balance
`
`holes in the rotor of the compressor of Haraki, as taught by Lifson, in order to
`
`balance the rotor with respect to the rotating compressor components while
`
`reducing or negating the need for a counterweight;
`
`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;
`
`Lifson further teaches:
`
`limitations from claim 3, wherein the at least one balance hole (32) 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 (Lifson does not explicitly teach the relationship between the
`
`holes and a permanent magnet, but teaches that locations of the holes can be
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 5
`
`varied based upon the application, C. 2 Lines 53-57; Haraki further teaches a
`
`balance plate 170 extending past the magnets 115, it would have been obvious
`
`to one of ordinary skill in the art to rearrange the holes in order to balance
`
`various compressor and rotor designs; in re Japikse, 181 PM 161319, 536 USPQ
`
`7f) (CGPA 1950))
`
`limitations from claim 5, wherein the at least one balance hole (32) extends in the
`
`rotational axis direction of the rotor (see FIG. 2);
`
`limitations from claim 6, wherein the at least one balance hole is a through-hole
`
`(32a);
`
`limitations from claim 7, wherein a balance weight (48) is fastened to an upper
`
`surface of the rotor to adjust a load balance (C. 2 Lines 58-61), and wherein the
`
`at least one balance hole (32) is provided within a portion of the core of the rotor
`
`to which the balance weight is fastened (FIG. 2-3);
`
`limitations from claim 8, wherein the at least one balance hole is a blind hole
`
`(32b) having a bottom surface which is set to be higher than an upper surface of
`
`the stator (FIG. 2);
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHRISTOPHER S BOBISH whose telephone number is
`
`(571)270-5289. The examiner can normally be reached on Mon-Fri 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
`Art Unit: 3746
`
`Page 6
`
`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 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 S BOBISH/
`
`Examiner, Art Unit 3746
`
`

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