DETAILED ACTION
Claims 1-20 are pending.
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 1-3 and 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barowsky (US 2005/0011704).
Claim 1, Barowsky discloses a pump drive system (fig 1, compressor with motor, par 0030), comprising: a housing (10); an electric motor (motor 36, with rotor 34 and stator 38, par 0032) disposed within the housing, the electric motor being configured to drive a piston of a pump (piston 28, par 0031); a lubricant reservoir (fig 2, oil reservoir 80, par 0037) configured to store lubricant (lubricating oil, par 0036); a conduit (oil duct 62, par 0036) configured to direct lubricant from the lubricant reservoir into the housing to submerge the electric motor in lubricant (oil passes out port 64 into oil sump 100, par 0047; under a BRI of the term “submerge” fig 1 depicts a portion of the stator 38 of motor 26 partially submerged into the oil 100); and a sensor (sensor 90, par 0043) configured to monitor a level of lubricant in the lubricant reservoir (sensor detects the absence of oil, par 0039, 0040, 0041, 0044).
Claim 2, Barowsky discloses the pump drive system of claim 1, comprising a control system communicatively coupled to the sensor, wherein the control system is configured to: determine the level of lubricant in the lubricant reservoir is below a threshold level (detects insufficient oil, par 0039, below a threshold oil level which causes an increase in heat, par 0043); and suspend operation of the electric motor in response to determining the level of lubricant in the lubricant reservoir is below the threshold level (switches off the motor 36 when insufficient oil, par 0039).
Claim 3, Barowsky discloses the pump drive system of claim 2, wherein the control system is configured to interrupt a supply of power to the electric motor to suspend operation of the electric motor in response to determining the level of lubricant in the lubricant reservoir is below the threshold level (“switches off the motor 36,” par 0039; reasonably, “switching off” the motor plainly means stopping electricity to the motor).
Claim 8, Barowsky discloses the pump drive system of claim 1, wherein the sensor is configured to determine a parameter of lubricant directed through the conduit (level of oil surface 84, par 0040), the parameter being indicative of the level of lubricant in the lubricant reservoir (level of oil surface 84, par 0040).
Claim 9, Barowsky teaches the pump drive system of claim 8, wherein the parameter comprises a flow rate (the sensor may be designed to detect a flow of lubricating oil, par 0006).
Claim 10, Barowsky discloses the pump drive system of claim 8, wherein the conduit is a first conduit (fig 2, inlet 72, par 0044), and the pump drive system comprises: a second conduit (central lubricating oil duct 62, par 0044) mounted to the lubricant reservoir and to the housing, wherein the second conduit is configured to direct lubricant from the lubricant reservoir into the housing; and a third conduit (branch ducts 64-68, par 0035-0036) mounted to the housing, wherein the first conduit is fluidly coupled to the second conduit and to the third conduit and is configured to direct lubricant from the second conduit to the third conduit (par 0036), and the third conduit is configured to direct lubricant from the first conduit into the housing (par 0035).
Claim 11, Barowsky teaches a booster pump system (booster is an intended use of the pump in the preamble and will not be given patentable weight; there are no structures in the body of the claim which distinguish a booster pump over any other pump; applicant discloses that a booster pump increases a pressure in a fluid, par 0015, the prior art pump is capable of this function), comprising: a cylinder (24, par 0031) comprising a chamber (cylinder pump chamber, par 0031); a piston (piston 28, par 0031) disposed within the chamber of the cylinder; an electric motor (motor 36, par 0032) configured to drive movement of the piston relative to the chamber of the cylinder to pressurize fluid within the chamber and discharge pressurized fluid from the chamber, wherein the electric motor is disposed in a housing (10); a lubricant reservoir (oil reservoir 80, par 37); a conduit (oil duct 62, par 0036) fluidly coupled to the lubricant reservoir and configured to direct lubricant from the lubricant reservoir into the housing; and a sensor (sensor 90, par 0043) configured to monitor a level of lubricant in the lubricant reservoir (sensor detects the absence of oil, par 0039, 0040, 0041, 0044).
Claim 12, Barowsky discloses the booster pump system of claim 11, wherein the sensor is disposed externally of the lubricant reservoir (fig 2, sensor 90 includes a housing 94 which protrudes outside of the wall 82 of the compressor housing, par 0045).
Claim 13, Barowsky discloses the booster pump system of claim 12, wherein the sensor is coupled to the conduit (fig 2, sensor 90 is coupled to housing wall 82, par 0045 where wall 82 is coupled to conduit 62 in shaft 30 via bearing, par 0037).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Barowsky in view of Funakoshi (US 2003/0082061).
Claim 4, Barowsky discloses the pump drive system of claim 1, wherein the lubricant reservoir comprises a wall (cover wall 82, par 0043), and the sensor is configured to detect an oil level “through the wall” to monitor the level of lubricant in the lubricant reservoir (sensor detects oil level, par 0039-0044; “through the wall” is interpreted as detecting level on the other side of a wall, See below ).
Barowsky does not disclose the sensor is configured to determine a capacitance to monitor oil level.
Regarding the interpretation of “through the wall,” applicant applies the term toward capacitance sensors in their Spec (par 0046-0047). The capacitance sensor described in the section refers to a conventional sensor that measures when liquid overlaps the sensor, it does not refer to detecting a capacitance of the wall, or any variation of that. It is also instructive that in other parts of the specification, “through the wall” refers to visibility through a sight glass in the wall (par 0043, 0044). It is therefore reasonable to conclude that through the wall is intended to refer to detection on the other side of the wall.
Funakoshi teaches a compressor with a lubricant reservoir (oil storage chamber 93, par 0031) comprises a wall (partition plate 16, par 0027), and a sensor is configured to determine a capacitance (capacitive-type sensors, par 0044) to monitor the level of lubricant in the lubricant reservoir (capacitive-type sensors may be used to detect the oil surface in the oil storage chamber 93, par 0044).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to simply substitute the temperature sensor of Barowsky with the capacitance sensor of Funakoshi for the expected result of detecting oil level in the reservoir of a pump; both the temperature sensor of Barowsky and the capacitance sensor of Funakoshi are used with the intended result of determining the level of oil in a reservoir and are thereby produce a predictable result because the oil sensors are used in the combination in the same way that they are used in their references individually.
Claim 5, Barowsky in view of Funakoshi teaches the pump drive system of claim 4, wherein the sensor is mounted to the wall (in both of the individual references the sensors are mounted to the wall; it is obvious to mount the sensor of the combination in the same way to achieve a predictable result; See Barowsky, sensor 90 attached to wall 82; Funakoshi, sensor is attached to the case, par 0042).
Claim 6, Barowsky discloses the pump drive system of claim 1, wherein … the sensor comprises an optical sensor (par 0009, 0042), configured to monitor the level of lubricant in the lubricant reservoir with respect to the wall (par 0005, 0040).
Barowsky does not disclose wherein the lubricant reservoir comprises a wall that is at least partially transparent or translucent, and the sensor comprises an optical sensor
Funakoshi teaches wherein the lubricant reservoir comprises a wall that is at least partially transparent or translucent (fig 7, a prism 303 and glass-coating 307 is used in the sensor, and refracts light sent through the wall to the surface of the oil, par 0044; in order for the optical sensor to detect refracted light, the sensor wall 12 must be translucent to said light), and the sensor comprises an optical sensor (optical sensor 12, par 0044) configured to monitor the level of lubricant in the lubricant reservoir with respect to the wall (par 0044).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to enable the optical sensor of Barowsky with a partially transparent wall and an optical sensor as taught by Funakoshi for the expected result of using an optical sensor to detect an oil level in a pump.
Claim 7, Barowsky in view of Funakoshi teaches the pump drive system of claim 6, wherein the optical sensor is configured to determine a refractive property associated with the wall to monitor the level of lubricant in the lubricant reservoir with respect to the wall (Funakoshi, sensor 12 measures the refractive index of the coolant in the oil and how I differ from the prism 303, par 0044).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Barowsky in view of Scharer (US 2018/0298905).
Claim 14, Barowsky discloses the booster pump system of claim 13,
wherein … the sensor comprises an optical sensor (par 0009, 0042), configured to monitor a parameter of lubricant in the conduit, the parameter being indicative of the level of lubricant in the lubricant reservoir (par 0005, 0040).
Barowsky does not disclose wherein the conduit is at least partially transparent or translucent.
Scharer teaches a compressor installation with several compressors (fig 4, 12a-12d, par 0069-0086) with lubricant conduits (22a-22d, par 0069) interconnecting oil sumps of the compressors, with transparent sight glasses (154, par 0075) installed in the conduits to see a fluid level in the conduits (fig 8-11, par 0074) such that a person can visually inspect the sight glasses to determine whether adequate oil is cascading between the running compressors (par 0086-0087).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Barowsky by parallel compressors with lubricant channels interconnecting the compressor sumps with sight glasses as taught by Scharer in order to increase the capacity of the refrigerant compressor installation and also ensure that the lubricant sumps of the compressors receive adequate lubrication, par 0020, 0027-0029).
Claim 15, Barowsky in view of Scharer teaches the booster pump system of claim 14, wherein the parameter comprises a flow rate (Barowsky, the sensor may be designed to detect a flow of lubricating oil, par 0006).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Barowsky in view of Scharer in view of Budampati (US 2020/0255301).
Claim 16, Barowsky teaches the booster pump system of claim 13. Barowsky does not disclose wherein the lubricant reservoir comprises a wall that is at least partially transparent or translucent, and the sensor is configured to capture an image of lubricant contained within the lubricant reservoir and visible through the wall to monitor the level of lubricant in the lubricant reservoir.
Scharer teaches a compressor installation with a lubricant reservoir (lubricant sump 72, par 0076) comprises a wall that is at least partially transparent (sight glass 154, par 0076) such that lubricant contained within the lubricant reservoir is visible through the wall (par 0076), and the sensor data comprises an image of the wall of the lubricant reservoir (an image is seen through the sight glass, par 0076).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reservoir wall of Barowsky by adding the sight glass taught by Scharer in order to visually inspect the oil level of the compressor, to determine whether oil is at an adequate level for operation.
Budampati teaches detecting a liquid level of a tank (604) using an image sensor (par 0016, 0069) to capture an image which the controller can analyze (par 0058, 0069) where the user can also review the image to make a user-reported fill level (par 0069).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to replace the level sensor of Barowsky with the image sensor of Budampati for the expected result of detecting level of the fluid, in order to use a captured image which, the user can later analyze to make their own measurement of fill level (par 0069).
Claims 17-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Barowsky in view of Vanhee (US 2021/0305883).
Claim 17, Barowsky discloses a control scheme with … monitoring a level of lubricant (sensor detects the absence of oil, par 0039, 0040, 0041, 0044) contained within a lubricant reservoir (oil reservoir 80, par 37), wherein the lubricant reservoir is configured to store lubricant and to direct lubricant into a housing (10) containing a motor (motor 36, par 0032) of a booster pump (compressor, par 0030, compressor raises pressure of a gas and is capable of boosting pressure, according to boosting pressure as in applicant’s spec par 0015 ), the motor being configured to drive movement of a piston (piston 28, par 0031) of the booster pump to pressurize fluid within a cylinder (24, par 0031) of the booster pump; determining the level of lubricant in the lubricant reservoir is below a threshold level (sensor detects the absence of oil, below a threshold that causes an increase in heat, par 0043); and reducing operation of the motor in response to determining the level of lubricant in the lubricant reservoir is below the threshold level (switches off the motor 36 when insufficient oil, par 0039).
Barowsky does not disclose a non-transitory computer-readable medium comprising instructions that, when executed by one or more processors, are configured to cause the one or more processors to perform operations.
Nevertheless, Barowsky suggests a controller logic because its apparatus receives sensor data about lube oil and makes control determinations based upon sensor and time inputs (Barowsky, par 0039).
Vanhee teaches an electric motor cooling system (abstract) with a controller (par 0022) with a non-transitory computer-readable medium comprising instructions (memory storing executable instructions, par 0043, 0069), when executed by one or more processors (processors, par 0022, 0043) are configured to cause the processors to perform operations (par 0043).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the apparatus of Barowsky by adding the control system with memory, executable programs and processor of Vanhee and in order use a programmable controller capable of controlling the motor according to sensors detecting lube oil level over a period of time disclosed by Barowsky, and to further be able to optimize parameters in the controller by editing data in the control programs as is well known in the art.
Claim 18, Barowsky in view of Vanhee teaches the non-transitory computer-readable medium of claim 17, wherein the instructions, when executed by the one or more processors (Vanhee, par 0022, 0043), are configured to cause the one or more processors to perform operations comprising: receiving sensor data from a sensor disposed exterior to the lubricant reservoir (Barowsky, fig 2, sensor 90 includes a housing 94 which protrudes outside of the wall 82 of the compressor housing, par 0045); and determining the level of lubricant contained within the lubricant reservoir based on the sensor data (sensor detects the absence of oil, par 0039, 0040, 0041, 0044).
Claim 20, Barowsky in view of Vanhee teaches the non-transitory computer-readable medium (Vanhee, par 0069) of claim 17, wherein the instructions, when executed by the one or more processors, are configured to cause the one or more processors to interrupt a supply of power to the motor to reduce operation of the motor in response to determining the level of lubricant in the lubricant reservoir is below the threshold level (Barowsky, switches off the motor 36 when insufficient oil, par 0039; reasonably, “switching off” the motor plainly means stopping electricity to the motor).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Barowsky in view of Vanhee in view of Scharer in view of Budampati.
Claim 19, Barowsky in view of Vanhee teaches the non-transitory computer-readable medium of claim 18.
Barowsky does not disclose wherein the lubricant reservoir comprises a wall that is at least partially transparent or translucent such that lubricant contained within the lubricant reservoir is visible through the wall, and the sensor data comprises an image of the wall of the lubricant reservoir.
Scharer teaches a compressor installation with a lubricant reservoir (lubricant sump 72, par 0076) comprises a wall that is at least partially transparent (sight glass 154, par 0076) such that lubricant contained within the lubricant reservoir is visible through the wall (par 0076), and the sensor data comprises an image of the wall of the lubricant reservoir (an image is seen through the sight glass, par 0076).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reservoir wall of Barowsky by adding the sight glass taught by Scharer in order to visually inspect the oil level of the compressor, to determine whether oil is at an adequate level for operation.
Budampati teaches detecting a liquid level of a tank (604) using an image sensor (par 0016, 0069) to capture an image which the controller can analyze (par 0058, 0069) where the user can also review the image to make a user-reported fill level (par 0069).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to replace the level sensor of Barowsky with the image sensor of Budampati for the expected result of detecting level of the fluid, in order to use a captured image which, the user can later analyze to make their own measurement of fill level (par 0069).
Conclusion
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/GEOFFREY S LEE/Examiner, Art Unit 3746
/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746