DETAILED ACTION
Claims filed 19 March 2023 have been entered. Claims 1-20 are pending.
Claim Objections
Claims 1-3, 5-8, 10-12, 16, 18-20 are objected to because of the following informalities:
Claims 2, 3, 5-8, 10, 11, 16, 19, 20 inconsistently punctuate the recitation of the dependent claim. In the claims use consistent punctuation and where needed, add a comma after listing the dependent claim. Appropriate correction is required.
The claims 1, 12 and 18 are objected to because they include reference characters which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 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) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the term “sufficiently fewer number of strokes,” the term “sufficiently fewer” lacks written description. The term appears twice in applicant’s specification “establishing a sufficiently fewer number of strokes” (pg 3 and 12); in neither case is it specified what would be a sufficiently fewer number of strokes. Furthermore, the term "sufficiently fewer" is not defined by the claim. Therefore, one of ordinary skill in the art would not be reasonably apprised that applicant had possession of “sufficiently fewer.” Therefore, independent claim 1 is rejected. Dependent claims 2-11 are correspondingly rejected.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The 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.
Claims 1-11 and 17 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.
The term "sufficiently fewer" in claim 1 is a relative term which renders the claim indefinite. The term "sufficiently fewer" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term appears twice in applicant’s specification “establishing a sufficiently fewer number of strokes” (pg 3 and 12); in neither case is it specified what would be a sufficiently fewer number of strokes, a person of ordinary skill in the art would not be able to determine what applicant intends to claim with “sufficiently fewer.” Therefore, independent claim 1 is rejected. Dependent claims 2-11 are correspondingly rejected.
For the limited purpose of examination, “sufficiently fewer” appears to be an inherent result of using a multiple stage reciprocating compressor as applicant has disclosed. Therefore ,”sufficiently fewer” will be interpreted as an inherent characteristic of a multi-stage reciprocating compressor.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 17 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
In this case claim 17 recites the introductory phrase of a dependent claim, but does not recite the claim from which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, 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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scharpenberg (US 2020/0049137).
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Scharpenberg fig 1a
Process claims will be examined under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986).
Claim 1, Scharpenberg discloses a method for designing a more efficient reciprocating piston compressor (piston compressor, par 0039-0040) comprising the steps of: a) providing an air compressor (4, par 0042) having a first compression stage (first stage, par 0040) adapted for compressing gas from a low pressure (atmospheric intake, par 0040) to an intermediate pressure (intermediate pressure, par 0019; discharge of 1st stage compressor, par 0040) and including a first piston (first piston, id.) connected to reciprocate in a first cylinder (corresponding compression space, id; cylinders are known in the art as the compression stage of pistons in a piston compressor), a second compression stage (second stage, id.) adapted for compressing gas from the intermediate pressure to a higher pressure (final pressure after second stage, par 0019) and including a second piston (second piston, par 40) connected to reciprocate in a second cylinder (corresponding compression space, par 0040, cylinders are known in the art as the compression space of a piston compressor), and an electric motor (motor with electrical power, par 0036) connected to reciprocate said first piston (par 0043) in said first cylinder over a stroke (each movement up or down is a stroke, par 0043) and said second piston in said second cylinder over a stroke (id.); and b) establishing a sufficiently fewer number of strokes over which the gas to be pressured starting from the atmosphere pressure (inherently, the multi-stage reciprocating compressor accomplishes this in accord with the 112(b) notice on interpretation).
Claim 2, Scharpenberg discloses the method of claim 1, further comprising pumping gas from a pressured container (pressure medium reservoir 20, par 0045) to the first compression stage (already compressed air L4 can be introduced again to the multistage compressor 4, par 0050; explicitly by first compressor stage 5, par 0051, 0066).
Claim 3, Scharpenberg discloses the method of claim 2, further comprising mixing atmosphere air with the gas pumped from the pressured container (compressed air L3 may be discharged into the atmosphere, par 0049, inherently exhausted air is mixed with the atmospheric air; compressed air L3 is exhausted from the compressor, par 0045; both streams will mix in the atmosphere).
Claim 4, Scharpenberg discloses the method of claim 1, further comprising pumping gas from a pressured container (intermediate volume 13 at pressure p2, par 0044) to the second compression stage (pressure in 13 is sent to the second stage, par 0045).
Claim 5, Scharpenberg discloses the method of claim 1, further comprising diverting a part of the gas pumped from the pressured container to atmosphere (par 0049) if the pressure is higher than a set pressure (release air to atmosphere when the pressure in the system is too high, par 0008; maximum charge pressure released through pressure relief valve, par 0039).
Claim 6, Scharpenberg discloses the method of claim 1, further comprising diverting a part of the pressured gas before the first compression stage to atmosphere air (compressed air can be reintroduced to the first compression stage 5 inlet, par 0050, 0051, 0066; that air can also be released to atmosphere, par 0049; therefore, the air that is released to atmosphere rather than for recompression meets the plain meaning of the limitation).
Claim 7, Scharpenberg discloses the method of claim 1 further comprising drying the pressured gas after the second compression stage (dryer 17, par 0045).
Claim 8, Scharpenberg discloses the method of claim 1 further comprising monitoring the pressure of the pressured gas by using a pressure sensor (pressure monitoring by a pressure meter 30, par 0048).
Claim 9, Scharpenberg discloses the method of claim 7, further comprising transferring the dried pressured gas to a pressured container for storage (dried air 17 to reservoir 20 par 0045-0046).
Claim 10, Scharpenberg discloses the method of claim 7, further comprising transferring the dried pressured gas to air spring of a suspension system (to pressure medium chambers 3.1 – 3.4, par 0045) of a vehicle (3.1-3.4 are air springs for vehicle 200, par 0042).
Claim 11, Scharpenberg discloses the method of claim 10 ,further comprising regulating the dried pressured gas by an electro-magnetic valve (magnetic control valves 21.1-21.4, par 0046, 0061) before transferring to the air spring (fig 1a shows air springs are downstream of said valves, par 0045).
Claim 12, Scharpenberg discloses a method for designing a more efficient reciprocating piston compressor (par 0039-0040) comprising the steps of: a) providing an air compressor (4, par0042 ) having a first compression stage (1st stage, par 0040) adapted for compressing gas from a low pressure (atmospheric, par 0040) to an intermediate pressure (par 0019) and including a first piston (first piston, par 0040) connected to reciprocate in a first cylinder (compression space for the piston, par 0040), a second compression stage (second stage, par 0040) adapted for compressing gas from the intermediate pressure to a higher pressure (final pressure, par 0019) and including a second piston (second piston, par 0040) connected to reciprocate in a second cylinder (compression space for the piston, par 0040), and an electric motor (motor with electric power, par 0036) connected to reciprocate said first piston in said first cylinder over a stroke (par 0043) and said second piston in said second cylinder over a stroke (par 0043); and b) pumping gas from a pressured container (20, par 0045) to the first compression stage in order to increase output air pressure from the second compression stage (par 0050, 0051, 0066).
Claim 13, Scharpenberg discloses the method of claim 12, further comprising mixing atmosphere air with the gas pumped from the pressured container (compressed air L3 may be discharged into the atmosphere, par 0049, inherently exhausted air is mixed with the atmospheric air; compressed air L3 can be exhausted from the compressor, par 0045 – both streams will mix in the atmosphere).
Claim 14, Scharpenberg discloses the method of claim 12, further comprising diverting a part of the gas pumped from the pressured container to atmosphere (par 0049) if the pressure is higher than a set pressure (release air to atmosphere when the pressure in the system is too high, par 0008; maximum charge pressure released through pressure relief valve, par 0039).
Claim 15, Scharpenberg discloses the method of claim 12, further comprising diverting a part of the pressured gas before the first compression stage to atmosphere air (compressed air can be reintroduced to the first compression stage 5 inlet, par 0050, 0051, 0066; that air can also be released to atmosphere, par 0049; therefore, the air that is released to atmosphere rather than for recompression meets the plain meaning of the limitation).
Claim 16, Scharpenberg discloses the method of claim 12 further comprising drying the pressured gas after the second compression stage (dryer 17, par 0045).
Claim 17, Scharpenberg discloses the method of claim further comprising transferring the dried pressured gas to air spring of a suspension system of a vehicle (air springs 3.1-3.4 for vehicle 200, par 0042, 0061).
Claim 18, Scharpenberg discloses a method for designing a more efficient reciprocating piston compressor (par 0039-0040) comprising the steps of: a) providing an air compressor (4, par 0042) having a first compression stage (first stag, par 0040) adapted for compressing gas from a low pressure (atmosphere, par 0040) to an intermediate pressure (par 0019) and including a first piston (first piston, par 0040) connected to reciprocate in a first cylinder (corresponding compression space, par 0040), a second compression stage (second stage, par 0040) adapted for compressing gas from the intermediate pressure to a higher pressure (final pressure, par 0019) and including a second piston (second piston par 0040) connected to reciprocate in a second cylinder (corresponding compression space, par 0040), and an electric motor (par 0036) connected to reciprocate said first piston in said first cylinder over a stroke (each movement up and down is a stroke, par 0043) and said second piston in said second cylinder over a stroke (id.); and b) pumping gas from a pressured container (pressure volume 13, par 0044) to the second compression stage in order to increase output air pressure from the second compression stage (pressure in 13 is sent to second stage, par 0045).
Claim 19, Scharpenberg discloses the method of claim 18 further comprising drying the pressured gas after the second compression stage (dryer 17, par 0045).
Claim 20, Scharpenberg discloses the method of claim 18 further comprising regulating the dried pressured gas by an electro-magnetic valve (magnetic control valves 21.1-21.4, par 0046) before transferring to the air spring (fig 1a shows air springs are downstream of said valves, par 0045).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bergemann (US 2013/0255240) and Riddiford (US 2018/0319236) both discloses a multi-stage compressor and vehicle air spring system where the air can enter and exit the air spring system between the first and second pump stage.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEOFFREY S LEE whose telephone number is (571)272-5354. The examiner can normally be reached Mon-Fri 0900-1800.
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/GEOFFREY S LEE/Examiner, Art Unit 3746
/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746