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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
`
`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
`
`06/ 12/2017
`
`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
`
`-
`-
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`Status
`
`1)IXI Responsive to communication(s) filed on 05/30/2017.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`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
`
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`; 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) 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 20170607
`
`Disposition of Claims*
`5)|XI C|aim(s) Bis/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s E? 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
`htt
`://www.usoto. ov/ atents/init events"
`h/index.‘s
`
`
`
`
`
`, or send an inquiry to PPI-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 02/14/2017is/are: a)IXI 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
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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.
`
`Election/Restrictions
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`Regarding the election of species filed 05/30/2017, the examiner has determined
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`after conducting a search that no undue burden exists. Therefore the restriction
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`requirement has been withdrawn.
`
`Claims 1-9 have been examined and are addressed below.
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`Claim Rejections - 35 USC § 1 12
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`Claims 1-9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first
`
`paragraph, as failing to comply with the written description requirement. The claim(s)
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`contains subject matter which was not described in the specification in such a way as to
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`reasonably convey to one skilled in the relevant art that the inventor or a joint inventor,
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`or for pre-AIA the inventor(s), at the time the application was filed, had possession of
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`the claimed invention. Claim 1 recites the limitation “...at least one balance hole for
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`adjusting a load balance during rotation of the rotor". However, the claim reads as
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`though the load balance may be adjusting during the operation of the compressor using
`
`

`

`Application/Control Number: 15/406,208
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`Page 3
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`Art Unit: 3746
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`the balance holes. The specification does not provide a description as to how this might
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`be accomplished.
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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 and 4-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Haraki et al (US PGPub No. 2014/0308141) in view of Fukasaku et al (US PGPub No.
`
`2016/0294251).
`
`Haraki teaches:
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`limitations from claims 1, 4 and 9, a refrigeration device (paragraph 1) comprising
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`a sealed refrigerant compressor (100) comprising: a sealed container (101) in
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`which lubricating oil (103) is reserved in a lower portion in an interior of the
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`sealed container (see FIG. 1); an electric component (111) accommodated in the
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`sealed container; and a compression component (117) accommodated in the
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`sealed container and configured to be driven by the electric component
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`(paragraphs 34-35), wherein the compression component includes a cylinder
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`(137) disposed inside the sealed container to extend in a direction crossing a
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`

`

`Application/Control Number: 15/406,208
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`Page 4
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`Art Unit: 3746
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`vertical direction (FIG. 1), and a piston (133) which is reciprocatable inside the
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`cylinder (paragraph 43), wherein the electric component includes a stator (113),
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`and a rotor (115) having a lower surface facing an oil surface of the lubricating oil
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`(FIG. 1), and the rotor has a shape in which a diameter of the rotor is larger than
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`a length (L) of the rotor in a rotational axis direction thereof (see FIG. 1, 38);
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`wherein the compression component is accommodated in the sealed container in
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`such a manner that the compression component is located above the electric
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`component (see FIG. 1);
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`Haraki does not teach balancing holes in the rotor;
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`Fukasakuteaches:
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`limitations from claims 1 and 5-8, a compressor (100) including: a compression
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`component (130), an electric component comprising a stator (160) and a rotor
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`(150); wherein a core of the rotor is provided with at least one balance hole (156-
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`159H) for adjusting a load balance during rotation of the rotor ( FIG. 3,
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`paragraphs 56-59); wherein the at least one balance hole extends in the
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`rotational axis direction of the rotor (see FIG. 3); wherein the at least one balance
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`hole is a through-hole (FIG. 6); wherein a balance weight (156—157) is fastened
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`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
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`balance weight is fastened (see FIG. 3; paragraph 31); wherein the at least one
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`balance hole is a blind hole having a bottom surface which is set to be higher
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`than an upper surface of the stator (FIG. 3);
`
`

`

`Application/Control Number: 15/406,208
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`Page 5
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`Art Unit: 3746
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`Claims 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`Haraki et al (US PGPub No. 2014/0308141) in view of Shore (US atent No. 2,324,434).
`
`Haraki teaches:
`
`limitations from claims 1, a sealed refrigerant compressor (100) comprising: a
`
`sealed container (101) in which lubricating oil (103) is reserved in a lower portion
`
`in an interior of the sealed container (see FIG. 1); an electric component (111)
`
`accommodated in the sealed container; and a compression component (117)
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`accommodated in the sealed container and configured to be driven by the
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`electric component (paragraphs 34-35), wherein the compression component
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`includes a cylinder (137) disposed inside the sealed container to extend in a
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`direction crossing a vertical direction (FIG. 1), and a piston (133) which
`
`is reciprocatable inside the cylinder (paragraph 43), wherein the electric
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`component includes a stator (113), and a rotor (115) having a lower surface
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`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
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`axis direction thereof (see FIG. 1, 3B);
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`Haraki does not teach balancing holes in the rotor;
`
`Shore teaches:
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`limitations from claims 1-3, a compressor including a rotor (33), wherein a core of
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`the rotor is provided with at least one balance hole (61) for adjusting a load
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`balance during rotation of the rotor (Page 4 Lines 45-53); wherein the rotor
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`includes a permanent magnet and does not include a magnet protective member
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`covering an outer periphery of the permanent magnet provided in the core (see
`
`FIG.
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`1 of Haraki), and wherein the at least one balance hole is located not to be
`
`

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`Application/Control Number: 15/406,208
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`Page 6
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`Art Unit: 3746
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`line-symmetric or point symmetric with respect to a rotational axis of the rotor
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`(see FIG. 2 of Shore); wherein the at least one balance hole (61) is provided in
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`the core in such a manner that at least a part of the balance hole is located
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`outward relative to the permanent magnet when viewed from the rotational axis
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`direction of the rotor (see FIG. 2 of Shore wherein the holes 61 are located at a
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`periphery of the rotor 33; furthermore it has been held that the rearrangement of
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`parts is a matter of design choice in re Japikse, 1331 PM 1619, 86 USF’Q 7’0
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`(CCPA 1950), in this case the location of the holes changes the balance of the
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`rotor and it would therefore be obvious to one of ordinary skill in the art to choose
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`a location at any point in the rotor in order to balance the rotor weight);
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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.
`
`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
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
`
`

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`Application/Control Number: 15/406,208
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`Page 7
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`Art Unit: 3746
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`
`/CHRISTOPHER BOBISH/
`
`Examiner, Art Unit 3746
`
`