Prosecution Insights
Last updated: August 18, 2026
Application No. 18/648,546

Fluid Compressor Device

Non-Final OA §103§112
Filed
Apr 29, 2024
Examiner
PEKARSKAYA, LILYA
Art Unit
3746
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Garrett Transportation I Inc.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
231 granted / 340 resolved
-2.1% vs TC avg
Strong +42% interview lift
Without
With
+42.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
17 currently pending
Career history
361
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
51.6%
+11.6% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
30.2%
-9.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 340 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions 2. Applicant’s election without traverse of Species A directed to claims 1-11 in the reply filed on 05/102026 is acknowledged. Drawings 3. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: compressor housing rear end and/or groove surface region. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification 4. The disclosure is objected to because of the following informalities: In the last lines of Paragraph [0059]: “Bulged upper portion 40 is closer to a rear end 41 of motor housing 22 than to front end 42 of motor housing 22” should be changed to -- Bulged upper portion 40 is closer to the rear end 41 of motor housing 22 than to front end 42 of motor housing 22--. In the first lines of Paragraph [0070]: “FIG. 11 shows motor stator section 63 resides within central chamber 75. Primary flow internal port 86 opens to central chamber 75 at a location further toward the rear of motor housing 22” should be changed to -- FIG. 11 shows the motor stator section 63 resides within the central chamber 75. Primary flow internal port 86 opens into the central chamber 75 at a location further toward the rear of motor housing 22--. In the last lines of Paragraph [0092]: “127 to central chamber 75. Central chamber 75 is at a relatively low pressure compared to the high-pressure region near peripheral surface 72 of compressor wheel 56” should be changed to --127 to the central chamber 75. The central chamber 75 is at a relatively low pressure compared to the high-pressure region near peripheral surface 72 of the compressor wheel 56--. In the last line of Paragraph [0095]: “from axial flow conduit 83 into central chamber 75” should be changed to -- from axial flow conduit 83 into the central chamber 75--. In the first lines of Paragraph [0100]: “Primary flow internal port 86 opens into central chamber 75 closer to rear end 41 than front end 42 of motor housing 22” should be changed to -- Primary flow internal port 86 opens into central chamber 75 closer to the rear end 41 than the front end 42 of motor housing 22--. In the last lines of Paragraph [0117]: “Each one of the partial primary flow inlet ports connects with the central chamber 75 closer to front end 42 than to rear end 41 of compressor housing 22” should be changed to -- Each one of the partial primary flow inlet ports connects with the central chamber 75 closer to the front end 42 than to the rear end 41 of compressor housing 22--. Claim Rejections - 35 USC § 112 5. 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. 6. Claims 1-11 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. The phrase "a relatively flat motor housing front service region", in lines 33-34 of claim 1, is indefinite. The term " relatively " is a relative term which renders the claim indefinite. The term " relatively " 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. For the purpose of examination, the term "relatively" will be interpreted as "substantially". Claim 5 is vague and indefinite because they set forth that “a cross-sectional area of the compressor conduit at a point 85 percent of a way along the compressor conduit eye length from the compressor housing inlet port, divided by the compressor housing inlet port cross-sectional area, is within plus or minus 30 percent of 0.366.” Specifically, it is not abundantly clear as how this cross-sectional of the compressor conduit can be defined. For examination purposes, this limitation will be interpreted as “a ratio of a cross-sectional area of the compressor conduit at a position corresponding to 85 percent of the compressor conduit eye length from the inlet port to a cross-sectional area of the inlet port is between 0.256 and 0.476.” Further, claims 2-4 and 6-11 are rejected for their dependency from claims 1 and 5, respectively. Claim Rejections - 35 USC § 103 7. 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 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. 8. 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. 9. 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. 10. Claims 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nayak et al. (hereinafter “Nayak”) (Pub. No.: US 2024/0209870 A1) in view of Cho et al. (hereinafter “Cho”) (Pub. No.: US 2024/0167481 A1). Regarding claim 1, Nayak discloses a fluid compressor device for compressing fluid (as stated in Abstract), comprising: a motor housing (motor housing 216, as discussed in Paragraphs [0024]& [0026]) having a motor housing rear end (as best seen in annotated Figure 2) and a motor housing front end (see annotated Figure 2), and motor housing side surfaces, the motor housing defining a motor housing central chamber; a compressor housing (compressor housing 222, as presented in Paragraph [0023], wherein the compressor housing cap member 298 may be attached to the seal plate 294 such that they cooperatively house the compressor wheel 204 in the compressor section 210, as stated in Paragraph [0036]) having a compressor housing rear end (inner side 297, as depicted in annotated Figure 2) and a compressor housing front end (compressor housing cap member 298, as discussed in Paragraphs [0034]-[0036] and/or outer side 299, see Paragraph [0034]); wherein the motor housing front end faces the compressor housing rear end (as depicted in annotated Figure 2); wherein the motor housing (216) and the compressor housing (222/294) are immovably fixed to one another (the motor housing 216 and compressor housing 222 in combination with the seal plate 294 are undoubtedly being immovable fixed to one another, as otherwise, the system cannot normally operate); a motor stator section (stator 214) in the motor housing central chamber (the motor cavity 275 of the motor housing 216 houses the stator 214 of the motor 208, as noted in Paragraph [0031]) a rotatable group (rotating group 203 which is supported for rotation within the housing assembly 201 about an axis 105 of rotation by a bearing system 207, as presented in Paragraphs [0021] &[0035] &[0037]) extending along an axis of rotation (the rotating group 203 is rotatable about to an axis 105 of rotation relative to the motor-compressor housing side portion and the fixed group, as stated in Paragraphs [0021] &[0026]) from the motor housing central chamber (275) into the compressor housing (into the compressor housing 222, as seen in annotated Figure 2); wherein the rotatable group is rotatable about the axis of rotation (the rotating group 203 is rotatable about to the axis 105 of rotation, see Paragraphs [0021-[0022]); wherein the rotatable group (rotating group 203) comprises a compressor wheel (the rotating group 203 including a shaft 209 and compressor wheel 204 which is mounted on one end of the shaft 209, see Paragraphs [0021]-[0023]) in the compressor housing (see Paragraph [0021]); wherein the motor housing (motor housing 216) is configured to provide a primary flow inlet path (first flow path 301 through the motor housing 216, as stated in Paragraphs [0042]-[0044]) for fluid to flow from outside the fluid compressor device via a primary flow inlet port at an outer surface of the motor housing, through a primary flow inlet conduit (through the first inlet 272, as shown in annotated Figure 2) in the motor housing (motor housing 216) to a primary flow internal port at a surface of the motor housing central chamber, and through the primary flow internal port into the motor housing central chamber; wherein the motor housing (motor housing 216) and the compressor housing (compressor housing 222/294) are configured to provide an internal path (internal first and second flow paths 301/302, as discussed in Paragraphs [0038]-[0039]& [0047]) for fluid to flow from the motor housing central chamber (motor cavity 275 of the motor housing 216) to a compressor housing inlet port on a surface of the compressor housing rear end (as indicated by arrows, see annotated Figure 2); wherein the compressor housing (compressor housing 222 in combination with the seal plate 294) is configured to provide a primary flow outlet path (fluidly connected to a fluid outlet 291, as detailed in Paragraph [0036]) for fluid to flow from the compressor housing inlet port through a compressor conduit (channel or bore formed directly inside the housing body, as shown in annotated Figure 3) to a surface of the compressor wheel (204), past the surface of the compressor wheel (204) to a volute region (volute region VR, as depicted in annotated Figure 2), from the volute region (VR) into a compressor outlet conduit, and from the compressor outlet conduit through a compressor outlet port to outside fluid compressor device; wherein the motor housing front end (defined by the first axial end 276 of the first motor housing member 274) defines a motor housing front surface (the first axial end 276 is clearly defining a motor housing front surface or outer surface, as illustrated in annotated Figure 2). Particularly, in Paragraph [0031], Nayak demonstrates that: The motor housing 216 may be partly defined by a first motor housing member 274. The first housing member 274 may be hollow and barrel-shaped with a first axial end 276, an outer radial portion 278, and an open second axial end 280. The motor housing 216 may be further defined by a bearing housing member 282 that is fixed to the second axial end 280. Together, the first motor housing member 274 and the bearing housing member 282 may cooperatively define a motor cavity 275 of the motor housing 216 that houses the stator 214 of the motor 208. PNG media_image1.png 672 974 media_image1.png Greyscale Further, Nayak teaches as how: the seal plate 294 may be fixed on one axial side to the axial face of the bearing housing member 282. The other axial side of the seal plate 294 may be fixedly attached to a compressor housing cap member 298 of the compressor housing 222. The compressor housing cap member 298 may hemispherical or otherwise rounded with an inner side 297 and an outer side 299. The inner side 297 may face the seal plate 294, and the outer side 299 may face in the opposite axial direction. The outer side 299 may define a second axial end 295 and an exterior surface of the compressor device 200. The compressor housing cap member 298 may include a central axial opening 281. The central axial opening 281 may be open on the inner side 297 and closed on the outer side 299. The central axial opening 281 may be centered on the axis 105 and may have a rounded cross-sectional profile. Still further, Nayak especially details as how: the compressor housing cap member 298 may be attached to the seal plate 294 such that they cooperatively house the compressor wheel 204 in the compressor section 210. The compressor section 210 may also include a compressor flow path 248 that fluidly connects the central axial opening 281 to a volute flow passage 244 of the housing cap member 298. The volute flow passage 244 may extend to and fluidly connect to a fluid outlet 291 extending out of the compressor housing cap member 298 (see Paragraph [0036]). Essentially, with reference to annotated Figure 2, Nayak’s device is designed such the motor housing 216 having a motor housing rear end and a motor housing front end or first axial end 276, and motor housing side surfaces, the motor housing defining a motor housing central chamber or motor cavity 275 and a compressor housing 222 in combination with the seal plate 294) having a compressor housing rear end or inner side 297 and a compressor housing front end or compressor housing cap member 298 and/or outer side 299 while the compressor housing 222 in combination with the seal plate 294 is being configured to provide a primary flow outlet path for fluid to flow from the compressor housing inlet port through a compressor conduit or channel or bore formed directly inside the housing body to a surface of the compressor wheel, past the surface of the compressor wheel 204 to a volute region VR, from the volute region VR into a compressor outlet conduit, and from the compressor outlet conduit through a compressor outlet port 291 to outside fluid compressor device, as instantly claimed. Although Nayak discloses the majority of the Applicant’s claimed invention, he is still silent as to the specifics regarding the magnets and groove surface region. Nevertheless, fluid compressor devices having the claimed structure and/or arrangement are well-known in the art, as taught by Cho. Cho in the same field of endeavor teaches another fluid compressor, very similar to that seen in annotated Figure 2, and performs as how: the rotor 300 may be disposed to be penetratively inserted into the central portion of the stator 200, and the rotor 300 may be disposed to be spaced apart from the inside of the stator 200. Further, the rotor 300 may include a rotary shaft 310, a thrust runner 311, and magnets 320. The magnets 320 may be disposed at positions between two opposite sides of the rotary shaft 310 based on the axial direction of the rotary shaft 310, such that the magnets 320 may be positioned at positions corresponding to the stator 200 (see Paragraph [0040]). As best seen in annotated Figure 3, Cho explicitly exhibits as how the magnet 320 being arranged in the motor housing 100 while the first and/or second impeller constrained to rotate together as rotatable group rotates. Consequently, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using a rotary shaft comprising a magnet, as taught by Cho, in the rotating group of Nayak, as part of an obvious combination of known prior art structures, in this case the use of magnets in the rotating group to achieve predictable results, in this case, to control the fluid flow through the system, KSR; MPEP 2141 III A. PNG media_image2.png 542 596 media_image2.png Greyscale Thus modified, one skilled in the art would have been reasonably apprised that the rotating group would be further comprising a magnet in the motor housing and/or the compressor wheel and magnet would be further constrained to rotate together as the rotatable group rotates, as instantly claimed. Cho, in Paragraph [0043], then goes on to describe how: the fluid, which is introduced into the motor housing 100, may be divided, and a part of the fluid may flow through the inlet flow path 111 to the space in which the thrust runner 311 is disposed. The fluid, which is introduced into the thrust runner 311, may sequentially pass over the thrust bearing 640, the journal bearing 610, the gap between the stator 200 and the rotor 300, and the journal bearing 620 and flow to the fluid inlet 410 of the impeller housing 400. Further, the remaining part of the divided fluid may pass through the portion between the coils 240 of the stator 200 and the portion between the stator 200 and the rotor 300 and then flow to the fluid inlet 410 of the impeller housing 400 via the discharge flow path 121 of the motor housing 100. In addition, the fluid may be primarily raised in pressure while passing through the first impeller 501 at the side of the fluid inlet 410 of the impeller housing 400, and then the fluid may sequentially pass over the connection flow path 420 and a two-stage connection flow path 425 and flow to the fluid inlet side of the second impeller 502. Thereafter, the fluid is secondarily raised in pressure while passing through the second impeller 502, and then the fluid may sequentially pass over a two-stage volute 426 and the fluid outlet 430 and be discharged through a fluid discharge port 440, such that the compressed fluid may flow to a desired location. PNG media_image3.png 370 633 media_image3.png Greyscale As best seen in annotated Figure 2, Cho evidently illustrates as how the motor housing front surface has a relatively flat motor housing front surface region and a groove surface region GSR and/or how the relatively flat motor housing front surface region is relatively flat compared to the groove surface region GSR while the groove surface region GSR certainly being enclosed by the motor housing front surface region. Certainly, with reference to annotated Figure 2 again, Cho explicitly exhibits as how the groove surface region GSR defines a groove and/or how the groove has or being bounded by a groove perimeter GP where the groove surface region GSR meets the relatively flat motor housing front surface region and/or how the groove perimeter GP extends further in a polar, that is azimuthal or circumferential direction around the axis of rotation or central axis of the body than in a radial direction away from the axis of rotation, as instantly claimed. Hence, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using a groove region, as taught by Cho, in fluid compressor device of Nayak, in order to provide a fluid compressor capable of improving cooling efficiency, as motivated by Cho in Paragraph [0008]. Thus modified, one skilled in the art would have been reasonably apprised that the motor housing front surface would be further having a groove surface region and/or the groove surface region would be further enclosed by the motor housing front surface region and/or the groove surface region would be further defining a groove and/or the groove would be further having a groove perimeter where the groove surface region meets the relatively flat motor housing front surface region and/or the groove perimeter would be further extending further in a polar, that is azimuthal, direction around the axis of rotation than in a radial direction away from the axis of rotation, as instantly claimed. Furthermore, regarding the recitations “the groove surface region encloses at least two partial primary flow outlet ports in the groove” and/or “each one of the at least two partial primary flow outlet ports extends to a corresponding one of at least two partial primary flow conduits” and/or “each one of the at least two partial primary flow conduits extends to a corresponding one of at least two partial primary flow inlet ports” and/or “each one of the at least two partial primary flow inlet ports opens to the motor housing central chamber”, Applicant should note that such recited configuration is an obvious matter of design choice wherein no stated problem is solved or unexpected results obtained in having at least two partial primary flow outlet ports in the groove and/or each one of the at least two partial primary flow outlet ports extends to a corresponding one of at least two partial primary flow conduits and/or each one of the at least two partial primary flow conduits extends to a corresponding one of at least two partial primary flow inlet ports and/or each one of the at least two partial primary flow inlet ports opens to the motor housing central chamber along a circumferential flow path and groove geometry as taught by Nayak in view of Cho. Regarding claims 2 and 3, Nayak and Cho substantially disclose the device, as claimed and detailed above. However, the combination of Nayak and Cho discloses the vast majority of the Applicant’s claimed invention, it is still silent as to the fact that the groove surface region encloses four partial primary flow outlet ports in the groove and/or six partial primary flow outlet ports in the groove. With specific regard to the limitation “four partial primary flow outlet ports in the groove and/or six partial primary flow outlet ports in the groove” that the combination of Nayak and Cho fails to teach, it has been held In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) that mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VIB. Accordingly, since the applicant[s] have submitted no persuasive evidence that the combination of the above elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a) because it is no more than the predictable result of prior art elements according to their established functions resulting in the mere duplication of parts. Hence, one skilled in the art would have been reasonably appraised that the groove surface region would be further enclosing four partial primary flow outlet ports in the groove and/or six partial primary flow outlet ports in the groove, as instantly claimed. Allowable Subject Matter 11. Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claims 5-11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Regarding claim 4, the prior art of record does not teach or fairly suggest a fluid compressor device having all the limitations of claims 1 and 4, but more specifically comprising wherein the groove perimeter has a groove perimeter inner edge, and the groove perimeter inner edge defines an inner arc at an inner arc radius from the axis of rotation, and the groove perimeter has a groove perimeter outer edge, and the groove perimeter outer edge defines an arc at an outer arc radius from the axis of rotation; and wherein the outer arc radius is greater than the inner arc radius. Regarding claim 5, the prior art of record either alone or in combination does not teach or fairly suggest a fluid compressor device for compressing fluid, wherein the compressor conduit extends from the compressor housing inlet port to a forward axial location, wherein the forward axial location is forward of an axial location of the compressor wheel and forward of an axial location of the volute region; wherein the compressor conduit extends from the forward axial location to a compressor conduit eye, which is where compressor conduit faces the surface of the compressor wheel; wherein the compressor conduit has a compressor conduit eye length, which is length along a center-curve in the compressor conduit from the compressor housing inlet port to the compressor conduit eye; and wherein a cross-sectional area of the compressor conduit at a point 85 percent of a way along the compressor conduit eye length from the compressor housing inlet port, divided by the compressor housing inlet port cross-sectional area, is within plus or minus 30 percent of 0.366 in combination with all limitations of the independent claim 5. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LILYA PEKARSKAYA whose telephone number is (571)272-1158. The examiner can normally be reached on Monday to Friday, 9:00-5:00 EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached on 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHARLES G FREAY/ Primary Examiner, Art Unit 3746 /L. P./ Examiner, Art Unit 3746
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Prosecution Timeline

Apr 29, 2024
Application Filed
Aug 07, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+42.0%)
3y 6m (~1y 2m remaining)
Median Time to Grant
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