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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/500,328
`
`10/02/2019
`
`Yoshiyuki FUTAGAMI
`
`20286.003 1USWO
`
`6703
`
`HAY
`
`M
`
`TLER!
`
`HAMRE, SCHUMANN, MUELLER & LARSON P.C.
`45 South Seventh Street
`Suite 2700
`MINNEAPOLIS, MN 55402-1683
`
`HU, XIAOTING
`
`3746
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/15/2021
`
`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.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/500,328
`Examiner
`XIAOTING HU
`
`Applicant(s)
`FUTAGAM etal.
`Art Unit
`AIA (FITF) Status
`3746
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s)filed on 13 August 2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-3 and 5 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-3and5 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`S)
`* If any claims have been determined allowable, you maybeeligible 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 PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)¥] The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin 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) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210908
`
`

`

`Application/Control Number: 16/500,328
`Art Unit: 3746
`
`Page 2
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`DETAILED ACTION
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`Response to Amendment
`
`1.
`
`Receipt and entry of Applicant’s Amendmentfiled on 08/13/2021 is acknowledged.
`
`Claim 1 has been amended. Claim 4 has been cancelled. Claims 1-3 and 5 are pending in the
`
`application. Applicant’s amendments to the claims have overcome the objections previously set
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`forth in the Non-Final Office Action mailed 05/14/2021.
`
`Response to Arguments
`
`2.
`
`Regarding Applicant’s argumentthat “claim 1 recites the presence of a straightening
`
`plate, not a duct,” Examiner notes that claim | recites a straightening plate held by a pair of side
`
`plates and mounted on an inner wall of the airtight container by mounting materials, which reads
`
`on retainer 42 of Ramshankar as annotated below. Alternatively, in the case that Applicant may
`
`have meantto say that claim 1 recites the presence of a shielding plate, not a duct, Examiner
`
`notes that the recited shielding plate reads on the top plate of duct 44, i.e. the plate that reference
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`numeral 44 points to in Ramshankar Figs. 1 and 2. Further with respect to the argumentthat “the
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`upper opening is formed abovethe straightening plate, and the lower opening is formed below
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`the straightening plate,” see upper opening 42-6 formed abovethe straightening plate 42 and
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`lower opening 42-1 formed below the straightening plate 42 in Ramshankar.
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`

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`Page 3
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`Application/Control Number: 16/500,328
`Art Unit: 3746
`
`40
`
`42-5
`
`3.
`
`Regarding Applicant’s argumentthat claim 1 differs from the reference in that “the upper
`
`opening ofthe straightening plate is open to the low-pressure spacein the airtight container,”
`
`Applicant appearsto be alleging that the upper opening 42-6 of straightening plate 42 in the
`
`Ramshankar reference is not open to the low-pressure space,i.e. that duct 44 is somehow not
`
`part of the low-pressure space. Respectfully, under broadest reasonable interpretation, the low-
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`pressure spaceis the interior of the container below the partition plate and outside of the intake
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`portion and compression chamber located within the fixed and orbiting scrolls, see annotated
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`Fig. 1 of Ramshankar below. Ramshankar’s suction inlet duct 40 is open at openings 42-1, 46,
`
`and 48 to the rest of the interior of container 12 below the partition plate 14, and constitutes part
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`of the low-pressure space. As can be seen, refrigerant flows from the upper opening 42-6 ofthe
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`straightening plate 42 into a region of the low-pressure space in duct 44. Further with respect to
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`the argumentthat “the refrigerant that is used to cool the motor is mixed and suckedin the low-
`
`

`

`Application/Control Number: 16/500,328
`Art Unit: 3746
`
`Page 4
`
`pressure space”, Examinernotesthat although this function is not currently claimed,it is
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`disclosed in Ramshankar at col. 3, 1. 54-57: “A clearance between portion 42-5 and leg 44-1
`
`defines aspiration inlet 46 which draws in gas supplied to the interior of shell 12 via outlet 42-1
`
`thereby recombining the motor cooling flow with the main flow.”
`
`:SS
`
`*=======
`
`4,
`
`Accordingly, Applicant's arguments have been fully considered but they are not
`
`persuasive.
`
`Specification
`
`5.
`
`The disclosure is objected to because of the following informalities: para. [0050] should
`
`read “The shielding plate 180 is placed at a position covering an opening ranger in a radial
`
`direction in the intake portion 38 ofat least the fixed scroll 30 from above,andis placed at a
`
`

`

`Application/Control Number: 16/500,328
`Art Unit: 3746
`
`Page 5
`
`position covering an opening range 0 in the-radiet a circumferential direction from above.” The
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`current wording states that both opening ranges are defined in the radial direction, making it
`
`seem like the same opening range being referred to by two different names. However, with
`
`reference to Figs. 1b and 3b, it can be seen that opening range 9 is actually defined in the
`
`circumferential direction, and @ typically symbolizes angles. Appropriate correction is required.
`
`6.
`
`Claims 1 and 2 are objected to because of the following informalities:
`
`Claim Objections
`
`a.
`
`b.
`
`In claim 1, “the suction port” should read “a suction port”.
`
`In claim 2, “an inner wall” should read “the inner wall”.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 112
`
`7.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—Thespecification shall conclude with one or more claims particularly pointing
`out anddistinctly 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 claimsparticularly pointing out and distinctly
`claiming the subject matter which the applicant regardsas his invention.
`
`8.
`
`Claims 1-3 and 5 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 applications subject to pre-AIA 35 U.S.C.
`
`112, the applicant), regards as the invention.
`
`9.
`
`Claim 1 recites “an upper opening is formed abovethe straightening plate on theside,
`
`and a lower opening is formed belowthe straightening plate on the side” (emphasis added).
`
`

`

`Application/Control Number: 16/500,328
`Art Unit: 3746
`
`Page 6
`
`There is no antecedentbasis for a “side” andit is indefinite what is being referred to (side of
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`what? And do theserefer to different sides, given that they locate an upper opening and a lower
`
`opening, or somehow to a same side?) For examination purposes, the bolded parts are read as an
`
`upperside of the straightening plate and a lowerside of the straightening plate, respectively.
`
`10.
`
`Claim 1 recites “the shielding plate is placed at a position covering an opening ranger in
`
`a radial direction in the intake portion of at least the fixed scroll from above,and is placed at a
`
`position covering an opening range 9 in the radial direction from above.” Both opening range r
`
`and opening range @ are defined in the radial direction, and it is indefinite if the same opening
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`range is being referred to by two different names. For reasons as explained abovein the
`
`
`
`objection to the specification, Examiner suggests revising to “an opening range 0 intherad+a} a
`
`circumferential direction.”
`
`11.
`
`Claims 2, 3, and 5 are also rejected by virtue of dependency.
`
`Claim Rejections - 35 USC § 102
`
`12.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections under this section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(1) the claimed invention waspatented, described in a printed publication, or in public use, on sale,
`or otherwise available to the public before the effective filing date of the claimed invention.
`
`13.
`
`Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Ramshankar et al. US 5,240,391.
`
`14.
`
`Regarding claim 1, Ramshankar discloses:
`
`A scroll compressor 10 comprising:
`
`

`

`Application/Control Number: 16/500,328
`Art Unit: 3746
`
`Page 7
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`a partition plate 14 for dividing an interior of an airtight container 12 into a high-pressure
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`space 16 and a low-pressure space (below) (“vertical, low side, hermetic scroll compressor”col.
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`2, 1. 42);
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`a fixed scroll 28 which is adjacent to the partition plate 14;
`
`an orbiting scroll 24 which is meshed with the fixed scroll 28 and which forms a
`
`compression chamber;
`
`a rotation-suppressing member26 for preventing the orbiting scroll from rotating; and
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`a main bearing 20 for supporting the orbiting scroll 24;
`
`wherein the fixed scroll 28, the orbiting scroll 24, the rotation-suppressing member 26
`
`and the main bearing 20 are placed in the low-pressure space, and
`
`the fixed scroll 28 and the orbiting scroll 24 are placed between the partition plate 14 and
`
`the main bearing 20, wherein
`
`a refrigerant intake tube 34 for making the low-pressure space suck refrigerantis
`
`providedin the airtight container 12,
`
`the scroll compressorincludes a straightening plate 42 against which refrigerant
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`introduced from the refrigerant intake tube 34 collides, and a shielding plate 44 provided at a
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`height position between the partition plate 14 and an intake portion of at least the fixed scroll 28
`
`(Fig. 1),
`
`the straightening plate 42 is held by a pair of side plates, and mounting materials are
`
`connected to the pair of side plates, respectively (see annotated Fig. 2 above),
`
`the straightening plate 42 is placed at a position separated away from the suction port of
`
`the refrigerant intake tube 34 by a predetermined distance bythe pair of side plates, and the
`
`

`

`Application/Control Number: 16/500,328
`Art Unit: 3746
`
`Page 8
`
`straightening plate 42 is mounted on an inner wall of the airtight container 12 by the mounting
`
`materials (see Figs. 1 and 2),
`
`an upper opening 42-6 is formed abovethe straightening plate 42 on the side, and a lower
`
`opening 42-1 is formed below the straightening plate on the side,
`
`the shielding plate 44 is placed at a position covering an opening ranger in a radial
`
`direction in the intake portion of at least the fixed scroll 28 from above,andis placed at a
`
`position covering an opening range 0 in the radial direction from above(see Figs. 1 and 2), and
`
`suction refrigerant that split-flows by the straightening plate 42 and flows into the low-
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`pressure spaceof the airtight container from the upper opening 42-6 ofthe straightening plate 42
`
`collides against the shielding plate 44 provided to cover the upper opening 42-6 of the
`
`straightening plate 42 and then, the refrigerant flows into the intake portion of the fixed scroll 28
`
`(see annotated Fig. 1 and response to arguments above).
`
`15.
`
`Regarding claim 2, Ramshankar discloses:
`
`wherein the shielding plate 44 is provided on an inner wall 112 of the airtight container
`
`(see Fig. 3).
`
`16.
`
`Regarding claim 3, Ramshankar discloses:
`
`wherein the shielding plate 44 is provided in the fixed scroll 28 (see Fig. 1).
`
`17.
`
`Regarding claim 5, Ramshankar discloses:
`
`wherein the straightening plate 42 and the shielding plate 44 are integrally formed
`
`together (“single piece”, see col. 4, 1. 6-7 and Fig. 3).
`
`

`

`Application/Control Number: 16/500,328
`Art Unit: 3746
`
`Page 9
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`Conclusion
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSofthe mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE-MONTHshortened 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 MONTHSfrom the mailing
`
`date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to XIAOTING HU whosetelephone numberis (571)272-9222. The
`
`examiner can normally be reached on M-F 9am-S5pm EST.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, MARK LAURENZI can be reached on (571)270-7878. The fax phone numberfor
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 16/500,328
`Art Unit: 3746
`
`Page 10
`
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`
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`1000.
`
`/XIAOTING HU/
`Examiner, Art Unit 3746
`09/09/2021
`
`/MARK A LAURENZI/
`Supervisory Patent Examiner, Art Unit 3746
`Friday, September 10, 2021
`
`