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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/505,018
`
`02/17/2017
`
`KO INAGAKI
`
`20759.0020USWO
`
`2135
`
`52835
`
`759°
`
`01/07/2020
`
`HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
`45 South Seventh Street
`Suite 2700
`
`Minneapolis, MN 55402-1683
`
`BRUNJES' CHRISTOPHER]
`
`3746
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/07/2020
`
`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)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/505,018
`Examiner
`CHRISTOPHER J BRUNJES
`
`Applicant(s)
`INAGAKI et al.
`Art Unit
`3746
`
`AIA (FITF) Status
`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 December 19, 2019.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)[:] 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`8)
`Claim(s 136 Is/are rejected
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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)|:I The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`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)l:I None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2C] 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) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] 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 20191228
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`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
`
`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 December 19, 2019 has been entered.
`
`3.
`
`The amendment entered on December 19, 2019 has been entered. Claims 1-36 remain
`
`Response to Amendment
`
`pending.
`
`Claim Rejections - 35 US C § 112
`
`4.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(b) CONCLUSION.7The 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.
`
`5.
`
`Claims 1—36 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.
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 3
`
`6.
`
`Claim 1 has been amended to recite “the compressor body is configured to oscillate about
`
`the curved surface of the support relative to the receiving surface of the closed vessel.” The
`
`term "about" in claim 1 is not defined by the claim & the specification does not provide a standard
`
`for ascertaining the specific definition being used (see the attached NPL “Definition — About”, and
`
`one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
`
`7.
`
`Without clarification, it is not clear if the claim is reciting how:
`
`a.
`
`The compressor body is configured to oscillate AROUND the curved surface of
`
`the support;
`
`b.
`
`The compressor body is configured to oscillate NEAR the curved surface of the
`
`support;
`
`c.
`
`The compressor body is configured to oscillate ON the curved surface of the
`
`support.
`
`8.
`
`To expedite prosecution, the examiner will interpret the limitation as intending to recite
`
`how “the compressor body is configured to oscillate ON the curved surface”.
`
`Claim Rejections - 35 US C § 103
`
`9.
`
`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.
`
`10.
`
`Claims 1, 4, 11 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim
`
`(US 6,435,841 B1) (Kim hereinafter) in further View of Carter (US 3,836,290 A) (Carter
`
`hereinafter), and as evidenced by Mangyo et al (US 5,252,038 A) (Mangyo hereinafter).
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 4
`
`11.
`
`Regarding Claim 1, Kim teaches: A closed compressor (Figure 2) comprising:
`
`a compressor body (20 & 30); and
`
`a closed vessel (10) in which the compressor body is accommodated (Figure 2),
`
`wherein the compressor body has an electric element (20) and a compression element
`
`(30) that is driven by the electric element (Figure 2),
`
`wherein the compression element (30) has
`
`a cylinder block (31) that forms a cylinder (Figure 2),
`
`a piston (32) that performs a reciprocating motion in the cylinder (Figure 2),
`
`and
`
`a crankshaft (23) that actuates the piston (Figure 2),
`
`wherein a bearing that pivotally supports the crankshaft (Figure 2; The crankshaft is
`
`pivotally supported by a journal bearing),
`
`wherein the cylinder forms a compression chamber (Figure 2; 31a),
`
`wherein the compressor body has a support (70) that forms a curved surface (Figure 2),
`
`and
`
`wherein a contact portion, at which the curved surface comes into contact with a
`
`receiving surface in the closed vessel, is formed (Figure 2), and
`
`wherein the support is not fixed on the receiving surface (Figure 2; Column 4 — Lines
`
`57—58; The support (70) is fixed to the snubbers (51), not the receiving surface in the closed vessel),
`
`whereby the compressor body is configured to oscillate about the curved surface of the
`
`support relative to the receiving surface of the closed vessel (Please note that this limitation is
`
`being interpreted under 35 USC 112(b) as intending to recite “the compressor body is configured
`
`to oscillate ON the curved surface of the support”; The examiner holds that the suspension system
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 5
`
`of Kim would allow the compressor body to oscillate ON the curved surface of the support relative
`
`to the closed vessel.).
`
`12.
`
`Kim is silent regarding the closed vessel in which oil is stored; and the cylinder block
`
`configures the bearing.
`
`13.
`
`Carter teaches how oil is stored in the lower portion of the hermetic compressor shell
`
`(see Column 3 — Lines 30—31).
`
`14.
`
`The use of oil in hermetically sealed compressors is well known to those having ordinary
`
`skill in the art for being provided lubrication to various wear points and bearings of the compressor
`
`(Column 3 — Lines 30—33). This would help prolong the life expectancy of the pump.
`
`15.
`
`Kim shows the cylinder block (31) and the support structure that provides a journal bearing
`
`for rotatably supporting the crankshaft as being separate components. However, the courts have
`
`held that “the use of a one piece construction. . .would be merely a matter of obvious engineering
`
`choice”, see MPEP § 2144.04 Paragraph VB. So it would have been well within the capabilities
`
`of a person having ordinary skill in the art to have the cylinder block configured to also form the
`
`crankshaft bearing, as evidenced by Mangyo (see Figure 1). Integrating these components reduces
`
`the number of components required for construction.
`
`16.
`
`Therefore, to one of ordinary skill in the art at the effective filing date of the claimed
`
`invention desiring a hermetic compressor assembly that lubricates the various wear points in the
`
`compressor AND have the cylinder block configure the crankshaft bearing to reduce the number
`
`of components required for construction, it would have been obvious to utilize the techniques
`
`disclosed in Kim in combination with those seen in Carter, and as evidenced by Mangyo, in order
`
`to obtain such a result.
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 6
`
`17.
`
`Regarding Claim 4, Kim in view of Carter teaches the invention as disclosed above in
`
`Claim 1, wherein Kim further teaches: wherein the curved surface is configured of a spherical
`
`surface (Figures 3 & 4).
`
`18.
`
`Regarding Claim 11, Kim in view of Carter teaches the invention as disclosed above in
`
`Claim 1, wherein Kim further teaches: wherein a plurality of the contact portions are provided
`
`at positions (each supporting leg (72) of the support (70) would form a contact portion with
`
`receiving member (the inner surface of the lower shell (12)), and wherein, when the direction of
`
`the reciprocating motion of the piston is set to the X direction, the plurality of contact portions
`
`are each provided to be able to displace in the X direction (Figure 4; Please note the claim just
`
`says that the contact portions are “able to displace”, not that they actually ARE displaced. Since
`
`the support member (70) is elastic (see Column 4 — Lines 62—65). The elastic nature of the support
`
`member would allow the contact portions of the support member to BE ABLE to be displaced in
`
`the same direction as the reciprocating motion of the piston. Furthermore, the examiner holds that
`
`the elastic nature would actually cause a shift in the x—direction in response to the reciprocation of
`
`the piston during the compression strokes).
`
`19.
`
`Regarding Claim 20, Kim in view of Carter teaches the invention as disclosed above in
`
`Claim 1, wherein Kim further teaches: wherein the support (70) is formed With the cylinder
`
`block (31; Figure 2; Please note that the claim merely states that the support is “formed with” the
`
`cylinder block, not that it is “formed by” the cylinder block. The examiner holds that the support
`
`of Kim is formed with the cylinder block).
`
`20.
`
`Claims 1, 2, 5-7, 9, 10, 12, 17, 22, 23, 29-32 & 36 are rejected under 35 U.S.C. 103 as
`
`being unpatentable over Mangyo et al (US 5,252,038 A) (Mangyo hereinafter) in further View
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 7
`
`of Kim (US 6,435,841 B1) (Kim hereinafter), and as evidenced by Carter (US 3,836,290 A)
`
`(Carter hereinafter).
`
`21.
`
`Regarding Claim 1, Mangyo teaches: A closed compressor (Figure 1) comprising:
`
`a compressor body (23); and
`
`a closed vessel (20) in which the compressor body is accommodated and oil is stored
`
`(Figure 1; The examiner takes official notice that though Mangyo does not explicitly mention oil
`
`being stored in the lower portion of the closed vessel, this would be inherent. Figure 1 shows a
`
`plurality of horizontal dashed—lines which would denote the collected oil. FURTHERMORE, this
`
`is evidenced by Carter who discloses in Column 3 — Lines 30—31 how oil is stored in the lower
`
`portion of the shell of a hermetic compressor),
`
`wherein the compressor body has an electric element (22) and a compression element
`
`(21) that is driven by the electric element (Figure 1),
`
`wherein the compression element (21) has
`
`a cylinder block that forms a cylinder,
`
`a piston that performs a reciprocating motion in the cylinder, and
`
`a crankshaft that actuates the piston (see the annotation of Figure 1 below),
`
`wherein the cylinder block configures a bearing that pivotally supports the
`
`crankshaft (Figure 1; The cylinder block forms a journal bearing that pivotally supports the
`
`crankshaft),
`
`wherein the cylinder forms a compression chamber (see the annotation of Figure 1
`
`below),
`
`and
`
`wherein the compressor body has a support (27) that forms a curved surface (Figure 1),
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 8
`
`wherein a contact portion, at which the curved surface comes into contact with a
`
`receiving surface in the closed vessel, is formed (see the annotation of Figure 1 below);
`
`whereby the compressor body is configured to oscillate about the curved surface of
`
`the support relative to the receiving surface of the closed vessel (Please note that this limitation
`
`is being interpreted under 35 USC 1 12(b) as intending to recite “the compressor body is configured
`
`to oscillate ON the curved surface of the support”; The examiner holds that the suspension springs
`
`(25) of the suspension system (24) would allow the compressor body to oscillate ON the curved
`
`surface of the support relative to the closed vessel.).
`
`
`
`22.
`
`Mangyo fails to teach: wherein the support is not fixed on the receiving surface.
`
`23.
`
`However, Kim teaches: A closed compressor (Figure 2) comprising:
`
`a compressor body (20 & 30); and
`
`a closed vessel (10) in which the compressor body is accommodated (Figure 2),
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 9
`
`wherein the compressor body has an electric element (20) and a compression element (30)
`
`that is driven by the electric element (Figure 2),
`
`wherein a bearing that pivotally supports the crankshaft (Figure 2; The crankshaft is
`
`pivotally supported by a journal bearing),
`
`wherein the compressor body has a support (70) that forms a curved surface (Figure 2),
`
`and
`
`wherein a contact portion, at which the curved surface comes into contact with a receiving
`
`surface in the closed vessel, is formed (Figure 2), and
`
`wherein the support is not fixed on the receiving surface (Figure 2; Column 4 — Lines
`
`57—58; The support (70) is fixed to the snubbers (5 1), not the receiving surface in the closed vessel),
`
`whereby the compressor body is configured to oscillate about the curved surface of the
`
`support relative to the receiving surface of the closed vessel (Please note that this limitation is
`
`being interpreted under 35 USC 112(b) as intending to recite “the compressor body is configured
`
`to oscillate ON the curved surface of the support”; The examiner holds that the suspension system
`
`of Kim would allow the compressor body to oscillate ON the curved surface of the support relative
`
`to the closed vessel.).
`
`24.
`
`Please note that structurally,
`
`the suspension mechanism of Kim is identical
`
`to the
`
`suspension mechanism of Mangyo.
`
`In Mangyo, the suspension mechanism comprises an upper
`
`snubber & lower snubber (26) and a suspension spring (25), where the suspension mechanism
`
`elastically connects the motor element (22) to a support (27).
`
`In Kim, the suspension mechanism
`
`(50) also comprises an upper snubber (52) & a lower snubber (5 l) coupled together via a
`
`suspension spring (53), where the suspension mechanism (50) elastically connects the motor
`
`element (20) to a support (70). However, the suspension mechanism & support of Kim provides
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 10
`
`the same function as the support in Mangyo WITH THE ADDITIONAL BENEFIT of increasing
`
`the rigidity of the casing (Column 4 — Lines 39—52)
`
`25.
`
`Therefore, the examiner holds that it would have been obvious to one having ordinary skill
`
`in the art at the effective filing date of the claimed invention to modify the compressor suspension
`
`system of Mangyo with the suspension system as taught by Kim, to provide the benefit of having
`
`an elastic support that increases the rigidity of the casing.
`
`26.
`
`Regarding Claim 2, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein the curved surface is formed in a lower
`
`portion of the compressor body, and wherein the receiving surface is an inner bottom of the
`
`closed vessel (Figure l).
`
`27.
`
`Regarding Claim 5, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo teaches: wherein a height of a center of curvature of the curved
`
`surface is higher than or equal to a height of the center of gravity of the compressor body
`
`(see the annotation of Figure 1 below; The figure has been annotated with a circle representing the
`
`curvature of the curved surface, the circle having a center line that would pass through the
`
`compressor assembly higher than the axis of the reciprocating piston, which would also be higher
`
`than the center of gravity of the entire compressor body assembly).
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 11
`
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`28.
`
`Regarding Claim 6, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein the curved surface (27) has at least a first
`
`curved surface (27a) and a second curved surface (28), and
`
`wherein the first curved surface and the second curved surface have the centers of
`
`curvature at positions which are different from each other (see the annotation of Figure 3
`
`below; The curve of the spherical central portion (27a) has a center of curvature different from the
`
`curve of the projections (28)).
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 12
`
`1!"
`
`25
`ERGCUWEG
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`25 25
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`7v
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`
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`as
`
`29.
`
`Regarding Claim 7, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein, when a direction of the reciprocating
`
`motion of the piston is set to an X direction, and a direction orthogonal to the X direction on
`
`a horizontal plane is set to a y direction, the curved surface has a central aXis of curvature in
`
`the y direction (Fig 1).
`
`30.
`
`Regarding Claim 9, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein the contact portion is provided at one
`
`position, and wherein the contact portion is disposed on a cylinder side from a center of a
`
`rotation aXis of the crankshaft (Figures 1 & 2).
`
`31.
`
`Regarding Claim 10, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein a plurality of the contact portions are
`
`provided at positions, and wherein the plurality of contact portions are disposed on both
`
`sides from a vertical plane containing a central axis of the piston (Figure 2).
`
`32.
`
`Regarding Claim 12, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein, when a plurality of the contact portions
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 13
`
`are provided at positions, a direction of the reciprocating motion of the piston is set to an X
`
`direction, and a direction orthogonal to the X direction on a horizontal plane is set to a y
`
`direction, a plurality of the curved surfaces, on Which the contact portions are formed, have
`
`a common central aXis of curvature in the y direction (Figures 1 & 2).
`
`33.
`
`Regarding Claim 17, Mangyo in View of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein the support (27) has a restriction member
`
`(25) that restricts displacement of the compressor body With respect to the receiving surface
`
`(Figure 1; The spring helps restrict the displacement of the compressor body in the horizontal &
`
`vertical directions with respect to the receiving surface).
`
`34.
`
`Regarding Claim 22, Mangyo in View of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein the rotation aXis of the crankshaft is set to
`
`a vertical direction, and the piston is configured to perform the reciprocating motion in a
`
`horizontal direction (Figure 1).
`
`35.
`
`Regarding Claim 23, Mangyo in View of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein the piston is disposed above the center of
`
`gravity of the compressor body (Figure 1; While Mangyo does not explicitly show where the
`
`center of gravity of the compressor body is, it can be appreciated that looking at Figure 1 the piston
`
`would inherently be disposed above the center of gravity of the compressor body (the compressor
`
`body being disclosed by the applicant as comprising the electric element and the compression
`
`element.) Looking to Figure 1, the majority of the mass of the compressor body is located below
`
`the piston, with many components being located completely below the piston (i.e. the motor
`
`element (3), rotor (3a), crank—shaft (7).).
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 14
`
`36.
`
`Regarding Claim 29, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein the electric element has a rotor and a stator
`
`(Figure 1), and
`
`wherein the support has an opening through which a jig is able to be inserted into a
`
`clearance formed between the rotor and the stator, at a position facing the clearance (Please
`
`note that this limitation is being interpreted under the 35 USC 112(b) issue, as noted above, has
`
`been interpreted to disclose that the support has an opening through which a jig would be able to
`
`be inserted into a clearance formed between the rotor and the stator. Looking at Figures 1 & 2,
`
`each support (27) has two openings for the insertion of a frustoconical snubber (26), the opening
`
`would be large enough such that a jig IS ABLE to be inserted into a clearance formed between the
`
`rotor and the stator if the snubber was removed.).
`
`37.
`
`Regarding Claim 30, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein the electric element has a rotor and a stator
`
`(Figure 1), wherein the support (27) is attached to the compressor body via an auxiliary
`
`member (25), and wherein the auxiliary member has an opening through which a jig is able
`
`to be inserted into a clearance formed between the rotor and the stator, at a position facing
`
`the clearance (Please note that this limitation is being interpreted under the 35 USC 112(b) issue,
`
`as noted above, has been interpreted to disclose that the support has an opening through which a
`
`jig would be able to be inserted into a clearance formed between the rotor and the stator. Looking
`
`at Figure 1, each auxiliary member (25) comprises a spring, the spring defining several openings
`
`(axially through the spring and radially between the coils) which would be large enough such that
`
`a jig IS ABLE to be inserted into a clearance formed between the rotor and the stator.).
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 15
`
`38.
`
`Regarding Claim 31, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: wherein the electric element (22) has a rotor and a
`
`stator, and wherein the rotor is disposed on an inner diameter side of the stator (Figure 1).
`
`39.
`
`40.
`
`Regarding Claim 32, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 29, wherein Mangyo further teaches: wherein the rotor is disposed on an inner diameter
`
`side of the stator (Figure 1).
`
`41.
`
`Regarding Claim 36, Mangyo in view of Kim teaches the invention as disclosed above in
`
`Claim 1, wherein Mangyo further teaches: A refrigeration device (Column 1 — Lines 6—9)
`
`comprising: the closed compressor of Claim 1 (see the rejection of Claim 1 above).
`
`42.
`
`Claims 1-3, 8, 13, 19 & 21 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Carter (US 3,836,290 A) (Carter hereinafter) in further View of Mangyo et al (US
`
`5,252,038 A) (Mangyo hereinafter) & Kim (US 6,435,841 B1) (Kim hereinafter).
`
`43.
`
`Regarding Claim 1, Carter teaches: A closed compressor (11) comprising:
`
`a compressor body (10); and
`
`a closed vessel (12 & 14) in Which the compressor body is accommodated and oil is
`
`stored (Column 3 — Lines 30—31),
`
`wherein the compressor body has an electric element (16 & 18) and a compression
`
`element (32 & 28) that is driven by the electric element (Figure 1),
`
`wherein the compression element (32 & 28) has
`
`a cylinder block (26) that forms a cylinder (Figure 1),
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 16
`
`a piston (28) that performs a reciprocating motion in the cylinder (Figure 1),
`
`and
`
`a crankshaft (22) that actuates the piston (Figure 1),
`
`wherein a bearing (74 & 76) that pivotally supports the crankshaft (Figure 1),
`
`wherein the cylinder forms a compression chamber (27),
`
`wherein the compressor body has a support (70) that forms a curved surface (Figure 1;
`
`The curve surface is the curve that where the support transitions from running vertically to
`
`horizontally), and
`
`wherein a contact portion, at which the curved surface comes into contact with a
`
`receiving surface in the closed vessel, is formed (Figure 1), and
`
`whereby the compressor body is configured to oscillate relative to the closed vessel (at
`
`least the springs (26) would allow the compressor body to oscillate relative to the closed vessel.).
`
`44.
`
`Carter fails to teach:
`
`the cylinder block configures the bearings that pivotally supports the
`
`crankshaft, and
`
`wherein the support is not fixed on the receiving surface whereby the compressor body is
`
`configured to oscillate about the curved surface of the support relative to the receiving surface of
`
`the closed vessel.
`
`45.
`
`However, Mangyo does teach: A closed compressor (Figure 1) comprising:
`
`a compressor body (23); and
`
`a closed vessel (20) in which the compressor body is accommodated and oil is stored
`
`(Figure 1; The examiner takes official notice that though Mangyo does not explicitly mention oil
`
`being stored in the lower portion of the closed vessel, this would be inherent. Figure 1 shows a
`
`plurality of horizontal dashed—lines which would denote the collected oil. FURTHERMORE, this
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 17
`
`is evidenced by Carter who discloses in Column 3 — Lines 30—31 how oil is stored in the lower
`
`portion of the shell of a hermetic compressor.),
`
`wherein the compressor body has an electric element (22) and a compression element
`
`(21) that is driven by the electric element (Figure 1),
`
`wherein the compression element (21) has
`
`a cylinder block that forms a cylinder,
`
`a piston that performs a reciprocating motion in the cylinder, and
`
`a crankshaft that actuates the piston (see the annotation of Figure 1 below),
`
`wherein the cylinder block configures a bearing that pivotally supports the
`
`crankshaft (Figure l; The cylinder block forms a journal bearing that pivotally supports the
`
`crankshaft),
`
`
`
`‘ E?
`3%
`
`is 33$ égcantact 3;}
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`3% Portion
`
`Fifi
`
`?
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 18
`
`46.
`
`The courts have held that the use of one piece construction, instead of multiple pieces,
`
`would be merely a matter of obvious engineering choice, see MPEP § 2144.04 Paragraph V. B.
`
`So having the cylinder block of Carter also be configured as the bearings that support the
`
`crankshaft would have been obvious to one of ordinary skill in the art at the effective filing date
`
`of the claimed invention. This would provide the benefit of reducing the number of components
`
`required for assembly.
`
`47.
`
`However, Kim teaches: A closed compressor (Figure 2) comprising:
`
`a compressor body (20 & 30); and
`
`a closed vessel (10) in which the compressor body is accommodated (Figure 2),
`
`wherein the compressor body has an electric element (20) and a compression element (30)
`
`that is driven by the electric element (Figure 2),
`
`wherein a bearing that pivotally supports the crankshaft (Figure 2; The crankshaft is
`
`pivotally supported by a journal bearing),
`
`wherein the compressor body has a support (70) that forms a curved surface (Figure 2),
`
`and
`
`wherein a contact portion, at which the curved surface comes into contact with a receiving
`
`surface in the closed vessel, is formed (Figure 2), and
`
`wherein the support is not fixed on the receiving surface (Figure 2; Column 4 — Lines
`
`57—58; The support (70) is fixed to the snubbers (51), not the receiving surface in the closed vessel),
`
`whereby the compressor body is configured to oscillate about the curved surface of the
`
`support relative to the receiving surface of the closed vessel (Please note that this limitation is
`
`being interpreted under 35 USC 112(b) as intending to recite “the compressor body is configured
`
`to oscillate ON the curved surface of the support”; The examiner holds that the suspension system
`
`

`

`Application/Control Number: 15/505,018
`Art Unit: 3746
`
`Page 19
`
`of Kim would allow the compressor body to oscillate ON the curved surface of the support relative
`
`to the closed vessel.).
`
`48.
`
`Please note that structurally,
`
`the suspension mechanism of Kim is identical
`
`to the
`
`suspension mechanism of Carter.
`
`In Carter, the suspension mechanism comprises an upper stop
`
`(72) and a spring (62), where the suspension mechanism elastically connects the motor element
`
`(10) to a support (70).
`
`In Kim, the suspension mechanism (50) also comprises an upper snubber
`
`(52) & a lower snubber (51) coupled together via a suspension spring (53), where the suspension
`
`mechanism (50) elastically connects the motor element (20) to a support (70). However, the
`
`su

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