DETAILED ACTION
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 .
This Office Action is in response to papers filed on 11/10/2025. The Applicant's remarks have been entered and considered.
Claim 1 is amended. Claims 6-11, 13-19 are withdrawn.
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/10/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 4, 5 have been considered but are moot because the new grounds of rejection do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. These claims are newly rejected in view of Kawanishi (WO 2019172007 A1) and Zhao (CN 106712430 A).
Applicant's arguments filed 11/10/2025 regarding claims 1, 3, 12 have been fully considered but they are not persuasive. The Applicant argued that Zhang does not show the ports are offset along a circumference of the housing as recited in amended claim 1, and that Zhang does not show a rotor in a space of a stator.
These arguments are not persuasive because newly applied Kawanishi (WO 2019172007 A1) shows both two ports are offset along a circumference of the housing, and a rotor in a space of a stator.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 23-24, “the forced inflow hole causing air outside the housing to forcibly flow into inside of the one-side space” should be --- the forced inflow hole allowing air outside the housing to forcibly flow into inside of the one-side space ---;
In claim 1, line 28-29, “the forced exhaust hole causing the airflow generator to forcibly exhaust air” should be --- the forced exhaust hole allowing the airflow generator to forcibly exhaust air ---; and
In claim 1, line 38 , “the second airflow generator configured to suck in air in the other-side space” should be --- the second airflow generator configured to suck air from the other-side space --- . Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 3, 12 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.
Amended Claim 1 recites the limitations " wherein the one-side communication hole and the other-side communication hole are offset along a circumference of the housing, each of the one-side communication hole and the other-side communication hole is connected to an airflow generator that generates an airflow" in lines 18-22. Dependent Claim 3/1 recites wherein the forced inflow hole and the forced exhaust hole are disposed on one side in the radial direction [meaning the airflow generators are not offset along a circumference of the housing]. There is insufficient antecedent basis for this limitation in claims 3 and 12 due to the amendment of claim 1.
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 4, 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kawanishi (WO 2019172007 A1, see US 2021/0006131 for English Translation) in view of Zhao (CN 106712430 A).
As to claim 1, Kawanishi shows (FIG. 2):
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A rotary machine 10 comprising:
a stator 12;
a rotatable rotor 13 disposed in a hollow space of the stator 12; and
a housing 11 that accommodates the stator 12 and the rotor 13, wherein
the housing 11 includes:
a one-side space A disposed on one side end of the stator 12 in an axial direction J and communicating with a gap G, the gap G being formed between an inner peripheral surface of the stator 12 and an outer peripheral surface of the rotor 13;
an other-side space B disposed on an other side end of the stator 12 in the axial direction J and communicating with the gap G;
a one-side communication hole 16A,18A formed on the one side in the axial direction J relative to the gap G and configured to allow an outside of the housing 11 and the one-side space A to communicate with each other; and
an other-side communication hole 16B,18B formed on the other side in the axial direction J relative to the gap G and configured to allow the outside of the housing 11 and the other-side space B to communicate with each other,
wherein the one-side space A and the other-side space B communicate with each other via the gap G and wherein the one-side communication hole 16A,18A and the other-side communication hole 16B,18B are offset along a circumference of the housing 11,
wherein the one-side communication hole 16A,18A comprises a forced inflow hole 16A and a natural exhaust hole 18A, the forced inflow hole 16A causing air outside the housing 11 to forcibly flow into inside of the one-side space A, and the natural exhaust hole 18A allowing air inside the one-side space A to be naturally exhausted;
wherein the other-side communication hole comprises a forced exhaust hole 18B and a natural intake hole 16B, the forced exhaust hole 18B to forcibly exhaust air inside the other-side space B, and the natural intake hole 16B allowing air outside the housing 11 to be naturally sucked into the inside of the other-side space B and
wherein air pressure in the other-side space B is negative pressure with respect to air pressure in the one-side space A;
wherein the gap G is disposed such that airflow in the gap G is in the axial direction J from the one-side space A to the other-side space B; and
(para [0019] to [0021]; openings 16, 18 are circumferentially offset from each other; the structure is capable of performing the claimed function of producing negative pressure if one aperture is sealed in a negative pressure chamber such that the recited air flows are shown in FIG. 5).
Kawanishi does not show:
each of the one-side communication hole and the other-side communication hole is connected to an airflow generator that generates an airflow;
the forced inflow hole causing air outside the housing to forcibly flow into inside of the one-side space by the airflow generator
the forced exhaust hole causing the airflow generator to forcibly exhaust air inside the other-side space; and
wherein the airflow generator comprises a first airflow generator and a second airflow generator, the first airflow generator configured to supply air into the one-side space and the second airflow generator configured to suck in air in the other-side space, and wherein a primary axis of the first airflow generator is offset from a primary axis of the second airflow generator.
As to all of the bullets Zhao shows (FIG. 1, 2):
each of the one-side communication hole 12 and the other-side communication hole 14 is connected to an airflow generator 11,13 that generates an airflow;
the forced inflow hole 12 causing air outside the housing 2 to forcibly flow into inside of the one-side space by the airflow generator 11
the forced exhaust hole 14 causing the airflow generator 13 to forcibly exhaust air inside the other-side space; and
wherein the airflow generator 11,13 comprises a first airflow generator 11 and a second airflow generator 13, the first airflow generator 11 configured to supply air into the one-side space and the second airflow generator 13 configured to suck in air in the other-side space, and wherein a primary axis of the first airflow generator 11 is offset from a primary axis of the second airflow generator 13 (para [0023], [0026], the fans 11, 13 are offset from each other circumferentially and axially)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the machine 10 of Kawanishi to have:
each of the one-side communication hole 16A and the other-side communication hole 18B is connected to an airflow generator 11,13 that generates an airflow;
the forced inflow hole 16A causing air outside the housing 11 to forcibly flow into inside of the one-side space A by the airflow generator 11
the forced exhaust hole 18B causing the airflow generator 13 to forcibly exhaust air inside the other-side space B; and
wherein the airflow generator 11,13 comprises a first airflow generator 11 and a second airflow generator 13, the first airflow generator 11 configured to supply air into the one-side space A and the second airflow generator 13 configured to suck in air in the other-side space B, and wherein a primary axis of the first airflow generator 11 is offset from a primary axis of the second airflow generator 13
as taught by Zhao, for the advantageous benefit of forming an airflow channel that communicates with the spaces A,B of the housing 11 to reduce a temperature of the spaces A,B of the machine 10 and errors of speed measurement caused by excessive temperature as taught by Zhao (para [0017], [0018]).
As to claim 2/1, Kawanishi in view of Zhao was discussed above with respect to claim 1, and Kawanishi further shows (FIG. 2 above):
the forced inflow hole 16A and the natural intake hole 16B are disposed on one side in a radial direction, and
the natural exhaust hole 18A and the forced exhaust hole 18B are disposed on the other side in the radial direction.
As to claim 4/2/1, Kawanishi in view of Zhao was discussed above with respect to claim 2, and Kawanishi further shows (FIG. 2 above as modified) wherein the first airflow generator 11 supplies air into the one-side space A through the forced inflow hole 16A, and the second airflow generator 13 sucks in the air in the other-side space B through the forced exhaust hole 18B.
As to claim 5/2/1, Kawanishi in view of Zhao was discussed above with respect to claim 2, and Kawanishi further shows (FIG. 2 above as modified) the airflow generator 11, 13 supplies air into the one-side space A through the forced inflow hole 16A while sucking in the air in the other-side space B through the forced exhaust hole 18B.
Claim(s) 3, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kawanishi (WO 2019172007 A1, see US 2021/0006131 for English Translation) in view of Zhao (CN 106712430 A) and Zhang (CN 103184984 A).
As to claim 3/1, Kawanishi in view of Zhao was discussed above with respect to claim 1 and Kawanishi further shows (FIG. 2 above) the natural exhaust hole 18B and the natural intake hole 18A are disposed on the other side in the radial direction (Kawanishi shows all the openings 16, 18 to be natural openings).
Kawanishi does not show the forced inflow hole and the forced exhaust hole are disposed on one side in the radial direction.
Zhang shows (FIG. 4):
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the forced inflow hole 1-3 and the forced exhaust hole 1-2 are disposed on one side in the radial direction (para [0037],[0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the machine 10 of Kawanishi in view of Zhao to have the forced inflow hole 1-3 and the forced exhaust hole 1-2 are disposed on one side in the radial direction as taught by Zhang, for the advantageous benefit of forming an airflow channel that communicates with the spaces A,B of the housing 11 to reduce a temperature of the spaces A,B of the machine 10 as taught by Zhang (para [0042]).
As to claim 12/3/1, Kawanishi in view of Zhao and Zhang was discussed above with respect to claim 3, and Kawanishi in view of Zhao and Zhang further shows (FIG. 2 above as modified by Zhang FIG. 4) wherein the first airflow generator 3-1B supplies air into the one-side space 1-3S through the forced inflow hole 1-3, and the second airflow generator 3-1A sucks in the air in the other-side space 1-2S through the forced exhaust hole 1-2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bagherpour et al. (US 5,751,079 A) shows (FIG. 1, 2) a compression inlet fan 46 and a natural opening 50 at one end of a stator 28 and an exhaust fan 54 and a natural opening 56 at an opposite end of the stator 28; and
Lukens (US 3,643,119 A) shows (FIG. 1) an inlet fan 14 and a natural opening 36 at one end of a stator 22, and an exhaust fan 27 and a natural opening 24 at a second end of the stator 26.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E MATES whose telephone number is (571)270-5293. The examiner can normally be reached M to F 12:00pm to 8pm.
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/ROBERT E MATES/Examiner, Art Unit 2834
/TULSIDAS C PATEL/Supervisory Patent Examiner, Art Unit 2834