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 .
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 1-7, 11-12, 18-21 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.
Claim 1 includes an “electronic component” “inserted into the accommodation space”. Later in claim 1, applicant claims “wherein a capacitor installed in the first accommodation space, a high-voltage filter is installed in the second accommodation space”. It appears applicant is claiming the capacitor and the high-voltage filter as separate elements from the earlier claimed electronic component but in light of the specification the electronic component appears to be either the capacitor or the high-voltage filter (which is the way the claim will be interpreted for examination purposes). Therefore, the intended scope of the claim is unclear.
Claim 1 states “and a connector fastened to the protruding space”. It is unclear how a connector can be fastened to a “space”. The connector appears to be fastened to a circuit board or a housing which is the way the claim will be interpreted for examination purposes. Therefore, the intended scope of the claim is unclear.
Claim 1 also states “a high-voltage filter”. High is a relative term The term “high” in claim 1 is a relative term which renders the claim indefinite. The term “high” 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. Therefore, the claim is indefinite.
Dependent claims are rejected based on their dependency to the claims rejected in detail above.
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.
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.
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) 1-4, 7, 12, 18-20 under this heading are rejected under 35 U.S.C. 103 as being unpatentable over Okochi US 20210239106 in view of Guntermann US 20190331360.
Okochi discloses:
1. An electric compressor comprising: an inverter housing (32, 40) in which an inverter component 56 for controlling a motor is disposed, the inverter housing having a through-hole 52 formed in one side surface thereof; an electronic component (45 or 46) installed in the inverter housing and having an exposed portion including one end protruding and exposed toward the motor through the through-hole (see e.g. Fig 2); and a motor housing 13 coupled to the inverter housing and including an internal space in which the motor 17 is disposed (see e.g. Fig 2), an accommodation space provided in an outer portion of a lateral portion of the motor housing (see space formed by stepped surface 133e in e.g. Fig 2 on the outside portion of the motor housing 13 and which is a lateral portion [upper lateral/side portion] of the motor housing as in Fig 4) and separated from the internal space (see Fig 2), and the exposed portion of the electronic component being inserted into the accommodation space (see e.g. Figs 2-5 wherein 45 and 46 are inserted into the space formed by stepped surface 133e in Fig 2); wherein the accommodation space comprises a first accommodation space and a second accommodation space (see annotated Fig 4 herein where accommodation spaces are shown as spaces enclosed by dotted lines [1st accommodation space], dashed lines [2nd accommodation space], and combination of dashed and dotted lines [protrusion space]), the first accommodation space being formed in the outer portion of the lateral portion of the motor housing and separated from the internal space (see annotated Fig 4 herein), and the second accommodation space extends outward from a lateral portion of the first accommodation space (see annotated Fig 4 herein), wherein the second accommodation space extends outward from one side of a lateral portion of the first accommodation space (see annotated Fig 4 herein), and a protruding space is formed in the inverter housing and protrudes to be disposed at a lateral side of the second accommodation space (see annotated Fig 4 herein), wherein the second accommodation space and the protruding space are disposed adjacent to an outer side of the lateral portion of the first accommodation space (see annotated Fig 4 herein), wherein a capacitor 45 installed in the first accommodation space, and a connector 34 is fastened to the protruding space.
Okochi does appear to disclose a filter 46 but does not appear to disclose a high-voltage filter is installed in the second accommodation space.
However, Guntermann discloses placement of a high voltage filter 16 (high voltage in that it is used for the same purpose as applicant’s filter, namely in an inverter of an electric compressor) adjacent to a capacitor 17 and positioned laterally on a side of the capacitor facing the protruding space of the inverter housing (see e.g. Fig 4B).
Additionally, MPEP 2144.04 V.I. C. makes it clear that a mere rearrangement of parts that does not modify operation of the compressor is held obvious to one of ordinary skill in the art. Thus, a mere change in location of a high voltage filter and capacitor without any change in operation of the compressor is an obvious modification [see In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)].
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to dispose a high-voltage filter and a capacitor on the circuit board of Okochi such that the high voltage filter was adjacent to the lateral side of the capacitor facing the protruding space of the inverter housing (see proposed modification below) as taught by Guntermann to gain the benefit positioning the high voltage filter at a known configuration in relation to a capacitor of an inverter for an electric compressor.
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Okochi as modified above discloses (references to Okochi unless noted otherwise):
2. The electric compressor of claim 1, wherein the inverter housing comprises a front cover 32 and a rear cover 40, and the through-hole is formed in the front cover and positioned adjacent to the motor (see e.g. Figs 2-5).
3. The electric compressor of claim 1, wherein the accommodation space of the motor housing is open at one end thereof, and the exposed portion of the electronic component is inserted into the accommodation space through the open end (see e.g. Figs 2-3).
4. The electric compressor of claim 3, wherein the motor housing has a coupling surface 13e coupled to the inverter housing, and the accommodation space of the motor housing is disposed on the same plane as the coupling surface and opened toward the inverter housing (see e.g. Figs 2-3).
7. The electric compressor of claim 1, further comprising: a printed circuit board 44 on which a switching element (see e.g. 0026) and the electronic component are installed (see e.g. Fig 2), wherein the printed circuit board is embedded in the inverter housing (see e.g. Fig 2 and 5).
12. The electric compressor of claim 1, wherein the internal space and the accommodation space of the motor housing are separated by a single partition wall 13a.
18. The electric compressor of claim 1, wherein the connector 33 is electrically connected to a printed circuit board 44 in the inverter housing (see e.g. 0023 wherein the external power is connected via 33 and the circuit board has the power module thereon as in 0026 and the power is supplied from the circuit board 44 to the motor via 55 and 47 from the circuit board 44 as in 0037. Thus, the power from 33 is connected to 44 before being transferred from 44 to the motor via 55 and 47.).
19. The electric compressor of claim 1, wherein the internal space and the accommodation space of the motor housing are separated from each other (by 13a) and integrally formed within the motor housing (see e.g. Fig 2).
20. (New) The electric compressor of claim 1, wherein the second accommodation space is located between the first accommodation space the protruding space (see e.g. proposed modification above). Additionally, MPEP 2144.04 V.I. C. makes it clear that a mere rearrangement of parts that does not modify operation of the compressor is held obvious to one of ordinary skill in the art. Thus, a mere change in location of a high voltage filter and capacitor without any change in operation of the compressor is an obvious modification [see In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)].
Claim(s) 1, 3, 7, 12, 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi WO2023228650A1.
Kobayashi discloses:
1. An electric compressor comprising: an inverter housing 25 in which an inverter component (8 and/or 63C) for controlling a motor is disposed, the inverter housing having a through-hole formed in one side surface thereof (see the through hole in the bottom of 25 which receives the top portion of 8); an electronic component 9 installed in the inverter housing and having an exposed portion 73B including one end protruding and exposed toward the motor through the through-hole (see e.g. Fig 1); and a motor housing 2 coupled to the inverter housing and including an internal space in which the motor 3 is disposed (see e.g. Fig 1), an accommodation space (portion of 22 which is occupied by 73) provided in an outer portion of a lateral portion of the motor housing (see e.g. Fig 1) and separated from the internal space (see Figs 1 and 9A), and the exposed portion of the electronic component being inserted into the accommodation space (see e.g. Figs 2 and 9A-9B); wherein the accommodation space comprises a first accommodation space and a second accommodation space (see annotated Fig 7 herein where accommodation spaces are shown as spaces enclosed by dotted lines [1st accommodation space], dashed lines [2nd accommodation space], and combination of dashed and dotted lines [protrusion space]), the first accommodation space being formed in the outer portion of the lateral portion of the motor housing and separated from the internal space (see annotated Fig 7 herein), and the second accommodation space extends outward from a lateral portion of the first accommodation space (see annotated Fig 7 herein), wherein the second accommodation space extends outward from one side of a lateral portion of the first accommodation space (see annotated Fig 7 herein), and a protruding space is formed in the inverter housing and protrudes to be disposed at a lateral side of the second accommodation space (see annotated Fig 7 herein), wherein the second accommodation space and the protruding space are disposed adjacent to an outer side of the lateral portion of the first accommodation space (see annotated Fig 7 herein), wherein a capacitor (see annotated Fig 7 herein) is installed in the first accommodation space, a high-voltage filter (723 of 70) is installed in the second accommodation space, and a connector (31 and 13) is fastened to the protruding space.
Additionally, MPEP 2144.04 V.I. C. makes it clear that a mere rearrangement of parts that does not modify operation of the compressor is held obvious to one of ordinary skill in the art. Thus, a mere change in location of a high voltage filter and capacitor without any change in operation of the compressor is an obvious modification [see In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)].
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Kobayashi as modified above discloses (references to Kobayashi unless noted otherwise):
3. The electric compressor of claim 1, wherein the accommodation space of the motor housing is open at one end thereof, and the exposed portion of the electronic component is inserted into the accommodation space through the open end (see e.g. Figs 1).
7. The electric compressor of claim 1, further comprising: a printed circuit board 8 on which a switching element 61 and the electronic component are installed (see e.g. Fig 1), wherein the printed circuit board is embedded in the inverter housing (see e.g. Fig 1)
12. The electric compressor of claim 1, wherein the internal space and the accommodation space of the motor housing are separated by a single partition wall 23.
18. The electric compressor of claim 1, wherein the connector (31, 13) is electrically connected to a printed circuit board 8 in the inverter housing (see e.g. Figs 1 and 9).
19. The electric compressor of claim 1, wherein the internal space and the accommodation space of the motor housing are separated from each other (by e.g. 23) and integrally formed within the motor housing (see e.g. Fig 1).
20. (New) The electric compressor of claim 1, wherein the second accommodation space is located between the first accommodation space the protruding space (see e.g. annotated Fig 7 herein). Additionally, MPEP 2144.04 V.I. C. makes it clear that a mere rearrangement of parts that does not modify operation of the compressor is held obvious to one of ordinary skill in the art. Thus, a mere change in location of a high voltage filter and capacitor without any change in operation of the compressor is an obvious modification [see In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)].
21. (New) The electric compressor of claim 1, wherein the first accommodation space is formed at an upper side of the motor, the second accommodation space is formed at a first side of the upper side of the first accommodation space, and the protruding space is disposed at a second side of the upper side of the first accommodation space that is opposite the first side (see the alternate interpretation in Fig 7 below). Additionally, MPEP 2144.04 V.I. C. makes it clear that a mere rearrangement of parts that does not modify operation of the compressor is held obvious to one of ordinary skill in the art. Thus, a mere change in location of a high voltage filter and capacitor without any change in operation of the compressor is an obvious modification [see In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)].
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Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi WO2023228650A1 in view of Chikaoka US 20160245283.
Regarding claim 11, in annotated Fig 1 herein Kobayashi discloses the connector 13 overlaps the motor 3 and the electronic component 73 slightly overlaps the motor stator (see the dotted line in annotated Fig 1 herein). Applicant’s connector includes the connector pins (see 400 in applicant’s Fig 2), so the connector 13 including the connector pins 31 overlaps the electronic component 73 as in annotated Fig 9 herein. Thus, Kobayashi meets the limitations of the claim. Additionally, it would be obvious to make the electronic component 70/73 longer and therefore overlap the motor further. For example, Chikaoka discloses an electronic component that extends to overlap the motor (see annotated Fig 2 herein).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to have the electronic component of Kobayashi overlap the motor as taught by Chikaoka to gain the benefit of allowing a longer electronic component to be installed when desired.
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Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okochi US 20210239106 in view of Guntermann US 20190331360 in further view of Richter US 20240098925.
Okochi as modified above discloses:
5. The electric compressor of claim 1, wherein a rear end surface 13e of the motor housing 13 and a rear end surface of the accommodation space (top of 133e at 13e) are coupled to a front end surface of the inverter housing (surface of 32 which engages 13e).
Okochi discloses a gasket 53 on the side of the motor housing, but does not appear to disclose a gasket is provided between the coupled rear end surface of the motor housing, the coupled rear end surface of the accommodation space, and the coupled front end surface of the inverter housing. However, if the gasket of Okochi were located on the end of the motor housing facing the inverter housing, the limitations would be met. For example, Richter disclose the use of a gasket 8 between the rear face of the motor housing 5 and the front face of inverter housing 2.
A simple substitution of one interface and associated gasket for an interface of a motor housing and inverter housing interface (the interface and associated gasket of Richter) for another (the interface and associated gasket of Okochi) with the predictable result of sealing an interface between a motor housing and an inverter housing has been held obvious as per MPEP 2143 I (B).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a gasket between the rear face of the motor housing and the front face of the inverter housing as taught by Richter in the system of Okochi to gain the benefit “dust-tight and fluid-tight sealing” as taught by Richter in 0033.
With this modification of Okochi in view of Richter, Okochi as modified above would disclose: a gasket (8 of Richter) is provided between the coupled rear end surface of the motor housing (13e of Okochi), the coupled rear end surface of the accommodation space (top of 133e at 13e of Okochi), and the coupled front end surface of the inverter housing (surface of 23 at 13e of Okochi).
Okochi as modified above discloses:
6. The electric compressor of claim 5, wherein the gasket (8 of Richter) is formed along outer peripheral lines of the rear end surface of the motor housing (at 13e of 13 of Okochi) and the rear end surface of the accommodation space (top of 133e at 13e of Okochi) coupled to the front end surface of the inverter housing (surface of 23 at 13e of Okochi).
Response to Arguments
Applicant's arguments regarding the pending claims have been fully considered but they are not persuasive.
As detailed in the rejections above, Kobayashi does disclose the limitations of claims 1, 3, 7, 11-12, and 18-21. Regarding Okochi, Okochi and a new reference, Guntermann, is being used to teach the limitations which applicant argues as detailed in the rejections above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) 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 MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS ANDREW FINK whose telephone number is (571)270-3373. The examiner can normally be reached on M-W 9-7.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached on (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4373.
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/Thomas Fink/Primary Examiner, Art Unit 3746