Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2012-202635 (hereinafter JP ‘635) in view of JP 2006029684 (hereinafter JP ‘684) and Kocher (US 4516994).
As regarding claim 1, JP ‘635 discloses the claimed invention for a compressor oil separator (10) installed in a cryogenic refrigerator compressor ([0019]-[0085] and figs. 1-11), the compressor oil separator comprising: a first tube (39) that is tubular and extends in a vertical direction, the first tube including a first communication portion (fig. 2; no number) that connects an inside of the first tube to an outside of the first tube; a delivery pipe (15A) that extends in the vertical direction and is configured to deliver refrigerant, including oil, to the inside of the first tube; and a filter (38) located between the first tube and the delivery pipe in a cross section intersecting the vertical direction, wherein the delivery pipe includes a delivery port (15D) that delivers the refrigerant to the inside of the first tube, the delivery port being located downward from a middle part of the first tube in the vertical direction.
JP ‘635 does not disclose wherein the delivery port includes a hole extending through the delivery pipe in a direction intersecting the vertical direction. JP ‘684 teaches wherein the delivery port includes a hole extending through the delivery pipe in a direction intersecting the vertical direction. Both JP ‘635 and JP ‘684 are directed to oil separator. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the delivery port includes a hole extending through the delivery pipe in a direction intersecting the vertical direction as taught by JP ‘684 in order to reduce clogging by preventing debris or condensate from entering the delivery pipe under gravity.
Also regarding claim 1, JP ‘635 as modified does not disclose a second tube that extends in the vertical direction and is located between the delivery pipe and the filter in the cross section intersecting the vertical direction, and wherein the second tube includes an opposing portion that opposes the delivery port in the direction intersecting the vertical direction and a second communication portion that connects an inside of the second tube to an outside of the second tube at a part other than the opposing portion.
Kocher teaches a second tube that extends in the vertical direction and is located between the delivery pipe and the filter in the cross section intersecting the vertical direction, and wherein the second tube includes an opposing portion (‘portion’ hollow cylindrical metal inner shell 80) that opposes the delivery port in the direction intersecting the vertical direction and a second communication portion (82) that connects an inside of the second tube to an outside of the second tube at a part other than the opposing portion.
Both JP ‘635 and Kocher are directed to oil separator.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a second tube that extends in the vertical direction and is located between the delivery pipe and the filter in the cross section intersecting the vertical direction, and wherein the second tube includes an opposing portion that opposes the delivery port in the direction intersecting the vertical direction and a second communication portion that connects an inside of the second tube to an outside of the second tube at a part other than the opposing portion as taught by Kocher in order to enhance oil separator performance.
As regarding claim 3, JP ‘635 as modified discloses all of limitations as set forth above. JP ‘635 as modified discloses the claimed invention for wherein: the hole of the delivery port is each hole of one or more holes extending through the delivery pipe (15A) in the direction intersecting the vertical direction; and the delivery pipe includes an end that is located within the first tube (39) and a cover that closes the end (fig. 4).
Claim 7 is likewise rejected for reasons analogous to those outlined with respect to claim 1 above.
As regarding claim 4, JP ‘635 as modified discloses all of limitations as set forth above. JP ‘635 as modified discloses the claimed invention except for wherein the delivery pipe extends from a lower side toward an upper side to a position located downward from the middle part of the first tube in the vertical direction. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the delivery pipe extends from a lower side toward an upper side to a position located downward from the middle part of the first tube in the vertical direction in order to enhance oil separator performance, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
As regarding claim 5, JP ‘635 as modified discloses all of limitations as set forth above. JP ‘635 as modified discloses the claimed invention for wherein: the delivery port includes circular holes extending through the delivery pipe in the direction intersecting the vertical direction; and the circular holes are located toward the end of the delivery pipe in an outer circumferential surface of the delivery pipe (JP ‘684 - [0026] and fig. 4).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-5 and 7 have been considered but are moot because of the new ground of rejection.
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773