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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 11, 2026 has been entered.
Response to Amendment
Claims 19-26, 28-32, 34 and 35 remain pending in the application. The previous objections to claims 19-26 and 28-32 are withdrawn in light of the Applicant's amendment to claims 29, 23, 25 and 32.
Claim Objections
Claim 35 is objected to because of the following informalities: in claim 35 line 2, “than the diameter of the composed driving shaft” would be clearer if written as --than a diameter of a remainder of the composed driving shaft-- since the free end of the compressor rotor shaft is part of the composed driving shaft. 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 19-26, 28-32, 34 and 35 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 term “high rotational speed and torque” in claims 19 and 32 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. It is unclear what speeds and torques are considered high speeds and torques. Furthermore, it is unclear if this recitation refers to high rotational speeds and high torque conditions, or if it refers to high rotational speeds and some other torque condition. The Examiner notes that in further interpreting the claims, it is assumed that any compressor speed and torque is a high speed or torque consistent with this recitation.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claims 19-26, 28-31, 34 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Chinese Patent Publication CN203548231 to Mingqing in view of U. S. Patent 3,343,494 to Erikson and U. S. Patent Publication 2019/0063438 to Hamada.
The Examiner notes that all citations to Mingqing herein refer to the English language translation provided by the Applicant.
Referring to claim 19, Mingqing teaches a compressor assembly comprising:
a motor having a motor shaft (“main shaft”) which drives at least one compressor rotor (4, 5) of a compressor element as well as an oil-pump (11) for pumping oil through an oil circulation system of the compressor assembly, wherein the at least one compressor rotor (4, 5) comprises a compressor rotor part (5) which is mounted on a compressor rotor shaft (“main shaft”) which is connected to the motor shaft (“main shaft”) by means of a direct coupling (they are formed as a single piece and therefore directly coupled) so to form a composed driving shaft (the “main shaft”) and that the oil-pump (11) is mounted directly on the composed driving shaft (on portion 18 of the “main shaft”) at an outer side (the right end is an outer side, as shown in Fig. 1) of the compressor assembly, wherein the oil-pump (10) is mounted directly on a monolithic, non-hollow shaft (18) or monolithic, non-hollow part of a shaft (18), wherein the direct coupling between the motor shaft and the compressor rotor shaft is a rigid coupling (“main shaft”) by means of a direct coupling (they are formed as a single piece and therefore directly coupled), wherein the motor shaft (“main shaft”) is directly connected to the compressor rotor shaft (‘main shaft”) by means of the rigid coupling (they are formed as a single piece and therefore rigidly coupled) (Fig. 1; paragraph [0021]-[0026], claim 1).
Mingqing is silent as to the details of the oil pump and bearings. Erikson teaches a compressor assembly wherein:
an oil-pump (14) is a gerotor pump and wherein the gerotor pump has a radial size such that the gerotor pump (14) is configured to avoid cavitation and a composed driving shaft (10) has a diameter such that the composed driving shaft (10) is configured to accommodate high rotational speeds and torque conditions of a compressor assembly (Fig. 1; col. 3 lines 9 - col. 5 line 33, wherein since cavitation would prevent the disclosed pump from operating as disclosed, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art that the pump is inherently designed to avoid cavitation, and wherein since the disclosed pump is directly connected of the compressor shaft it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art that the shaft must be capable of handling the compressor rotational speeds and torque conditions in order to operate as disclosed).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor assembly taught by Mingqing with the pump taught by Erikson in order to use a pump which maintains a unidirectional fluid flow regardless of the rotation direction of the shaft (col. 1 lines 31-34).
Erikson is also silent as to the bearings. Hamada teaches a compressor wherein:
a compressor rotor shaft (21) is supported by a pair of bearings (11, 12), wherein a motor shaft (31) is supported by a single motor shaft bearing (13) and the pair of bearings (11, 12) of the compressor rotor shaft (21) to which the motor shaft (31) is directly connected by means of a rigid coupling (41) (Fig. 1; paragraphs [0021]-[0026]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor assembly taught by Mingqing with the bearing arrangement taught by Hamada in order to properly support the shaft for operation as disclosed.
Referring to claim 20, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, and Mingqing further teaches a compressor assembly wherein:
the oil- pump (11) is mounted at a non-driven side of the motor (7), opposite to a driven side where the motor shaft (“main shaft”) is connected to the concerned compressor rotor shaft (potion of the ”main shaft” which has the rotor 5 mounted thereon) of the compressor element by means of the direct coupling (they are formed as a single shaft and therefore directly connected) (Fig. 1; paragraph [0021]-[0026], claim 1).
Referring to claim 21, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, and Mingqing further teaches a compressor assembly wherein:
the direct coupling is a non-flexible coupling (they are formed as a single shaft and therefore comprise a non-flexible coupling) (Fig. 1; paragraph [0021]-[0026], claim 1).
Referring to claim 22, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, but Mingqing and Erikson teach a solid shaft for the motor and compressor. Hamada further teaches a compressor wherein:
the rigid coupling between the motor shaft (22) and the compressor rotor shaft (50) is a rigid, pressed coupling (as the fastening bolt 28 is tightened, the compressor rotor shaft 21 is pulled closer (press-fit into) to the motor shaft (31) (Figures 1-5; paragraphs [0032]-[0039]). Furthermore, the method of forming the device is not germane to the issue of patentability of the device itself (see MPEP § 2113); therefore, the recitation of “pressed” has not been given patentable weight).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Mingqing with the coupling taught by Hamada in order to use a coupling which locks, by way of the fastener, from movement in the axial direction and because it has been held that a simple substitution of one known element, the separate shafts and coupling, for another, the single shaft design of Mingqing, to obtain predictable results, joining the compressor to the motor, was an obvious extension of prior art teachings, and in order to allow either the motor shaft or compressor shaft to be replaced with replacement of the other. KSR, 550 U.S. at 419, 82 USPQ2d at 1396, MPEP 2141 III B.
Referring to claim 23, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, but Mingqing and Erikson do not teach a tensioned connection stud type coupling. Hamada teaches a compressor wherein:
for forming a rigid, direct coupling between a motor shaft (31) and the compressor rotor shaft (21), the motor shaft (31) is a hollow shaft comprising a centrally and axially extending channel which extends through the hollow shaft, wherein in the axially extending channel of the hollow shaft a connection stud (28) is provided which extends with a first end into the compressor rotor shaft (21) which is not executed as a hollow shaft and which connection stud (28) is fixedly connected to said non-hollow shaft at that first end and wherein at the opposite second end of the connection stud (24) tensioning means (28a) are provided for tensioning the connection stud (28) with respect to the hollow shaft (31) (Figures 1-5; paragraphs [0032]-[0039]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Mingqing with the coupling taught by Hamada in order to use a coupling which locks, by way of the fastener, from movement in the axial direction and because it has been held that a simple substitution of one known element, the separate shafts and coupling, for another, the single shaft design of Mingqing, to obtain predictable results, joining the compressor to the motor, was an obvious extension of prior art teachings, and in order to allow either the motor shaft or compressor shaft to be replaced with replacement of the other. KSR, 550 U.S. at 419, 82 USPQ2d at 1396, MPEP 2141 III B.
Referring to claim 24, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 23, as detailed above, but Mingqing and Erikson do not teach a tensioned connection stud type coupling. Hamada further teaches a compressor wherein:
the non-hollow shaft (21) is provided with an internally threaded hole for receiving the first end of the connection stud (28), which first end of the connection stud (28) is provided with an external thread which cooperates with the internal thread in the non-hollow shaft (21) (Figures 1-5; paragraphs [0032]-[0039], wherein in order for the bolt 28 to operate as disclosed, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art that the connection stud 28 as disclosed must have threads which are received in the non-hollow compressor shaft 21 which as disclosed must have mating threads).
Referring to claim 25, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 23, as detailed above, but Mingqing and Erikson do not teach a tensioned connection stud type coupling. While Hamada teaches the claimed threaded engagement at the first end between the connection stud and the compressor rotor shaft, as detailed above, Hamada does not teach a threaded arrangement on the opposite end. However, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to make the second end of the connection stud is provided with external thread which is able to cooperate with a nut having an internal thread, for tightening the connection stud by applying a force against the hollow shaft (by threading the washer 27 and the stud 28), since it has been held that mere duplication of essential working parts of a device involve only routine skill in the art (In re Regis Paper Co. v. Bemis Co., 193 USPQ 8), and it has been held that that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)). Further since it has been held that a simple substitution of one known element, the threaded engagement taught by Hamada in the compressor end, for another, the bolt and washer connection on the motor end of the connection stud, to obtain predictable results, joining the shafts, was an obvious extension of prior art teachings, KSR, 550 U.S. at 419, 82 USPQ2d at 1396, MPEP 2141 III B. Furthermore, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, that the claimed threadedly engaged nut is equivalent to the arrangement taught by Hamada.
Referring to claim 26, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, but Mingqing, Erikson are silent as to the bearings. Hamada further teaches a compressor wherein:
the compressor rotors (82, 84) of the compressor element (16) of the compressor assembly comprise compressor rotor parts (82, 84) which are each mounted on a compressor rotor shaft (50, 52) and that each of these compressor rotor shafts (50, 52) is supported by a pair of bearings (54, 56, 94, 96) (Figures 1-4; col. 3 line 25 - col. 5 line 6).
Referring to claim 28, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, but Mingqing does not teach an oil-free or oil-less compressor and Erikson is silent as to the details of the compressor. Hamada further teaches a compressor wherein:
the compressor element (3) of the compressor assembly (1) is an oil-free or oil-less compressor (Figures 1-5; paragraph [0021]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Mingqing with the oil-free or oil-less operation taught by Hamada in order to prevent the oil from contaminating and/or damaging the compressed gas, and so that an oil supply to the compressor is not necessary thereby simplifying the design.
Referring to claim 29, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, and Mingqing further teaches a compressor assembly wherein:
the compressor element (4, 5) of the compressor assembly is a double-rotor compressor element (Fig. 1; paragraph [0021]-[0026], claim 1).
Referring to claim 30, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, and Mingqing further teaches a compressor assembly wherein:
the compressor element (4, 5) of the compressor assembly is a tooth or screw compressor element (Fig. 1; paragraph [0015]-[0026], claim 1).
Referring to claim 31, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, and Mingqing further teaches a compressor assembly wherein:
the motor of the compressor assembly is an electric motor comprising a motor stator which is inserted in a motor housing and a motor rotor mounted on the motor shaft (motor portion of the “main shaft”) which is extending through the motor stator (Fig. 1, annotated below; paragraph [0015]-[0026], claim 1).
[AltContent: arrow][AltContent: textbox (Motor Shaft)][AltContent: arrow][AltContent: textbox (Motor Housing)][AltContent: textbox (Motor Stator)][AltContent: arrow][AltContent: textbox (Motor Rotor)][AltContent: arrow]
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Annotation of Mingqing Figure 1.
Referring to claim 34, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, and Mingqing further teaches a compressor assembly wherein:
the oil-pump (10) is mounted directly on a free-end (18) of the compressor rotor shaft (compressor portion of “main shaft”) (Fig. 1; paragraph [0021]-[0026], claim 1).
Referring to claim 35, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 34, as detailed above, and Mingqing further teaches a compressor assembly wherein:
a diameter of the free-end (18) of the compressor rotor shaft (compressor portion of “main shaft”) is smaller than a diameter of a remainder of the composed driving shaft (Fig. 1; paragraph [0021]-[0026], claim 1).
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Chinese Patent Publication CN203548231 to Mingqing in view of U. S. Patent 3,343,494 to Erikson, U. S. Patent Publication 2019/0063438 to Hamada and U. S. Patent Publication 2003/0206809 to Walker.
Referring to claim 32, Mingqing, Erikson and Hamada teach a compressor assembly comprising all the limitations of claim 19, as detailed above, and Mingqing further teaches a compressor assembly wherein each stage comprises:
a motor with a motor shaft (motor portion of “main shaft”) and a compressor element (4, 5) as well as an oil-pump (10) both driven by the motor shaft (motor portion of “main shaft”), wherein the motor shaft (motor portion of “main shaft”) is connected to a rotor shaft (compressor portion of “main shaft”) of the concerned compressor element (5) by means of a direct coupling (formed as a single shaft and therefore rigidly coupled) so to form a composed driving shaft (“main shaft”) and wherein the oil-pump (10) is directly mounted on the composed driving shaft (“main shaft”) or on another rotor shaft of the concerned compressor element of the compressor stage, and wherein each compressor stage comprises a separate oil circulation system (6, 10, 12, 16, 17) which comprises to the concerned oil-pump (10) of that compressor stage, in such a way that no oil is interchanged between oil circulation systems of different compressor stages (the circulation system of the stage is confined to the stage), wherein the direct coupling between the motor shaft (motor portion of “main shaft”) and the rotor shaft (compressor portion of “main shaft”) is the rigid coupling (Fig. 1; paragraph [0021]-[0026], claim 1).
Mingqing is silent as to the details of the oil pump and bearings. Erikson teaches a compressor assembly wherein:
wherein the gerotor pump has the radial size such that the gerotor pump (14) is configured to avoid cavitation and the composed driving shaft (10) has a diameter such that the composed driving shaft (10) is configured to accommodate high rotational speeds and torque conditions of the compressor assembly (Fig. 1; col. 3 lines 9 - col. 5 line 33, wherein since cavitation would prevent the disclosed pump from operating as disclosed it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art that the pump is inherently designed to avoid cavitation, and wherein since the disclosed pump is directly connected of the compressor shaft it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art that the shaft must be capable of handling the compressor rotational speeds and torque conditions).
Erikson is also silent as to the bearings. Hamada further teaches a compressor wherein:
the rotor shaft (21) is supported by the pair of bearings (11, 12), wherein the motor shaft (31) is supported by the single motor shaft bearing (13) and the pair of bearings (11, 12) of the compressor rotor shaft (21) to which the motor shaft (31) is directly connected by means of a rigid coupling (41) (Fig. 1; paragraphs [0021]-[0026]).
Mingqing, Erikson and Hamada do not teach more than one stage. Walker teaches a compressor assembly comprising a first compressor stage (2) and a second compressor stage (8) (Fig. 1; paragraph [0063]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Mingqing with the oil-free or oil-less taught by Hamada in order to improve compression efficiency by spreading the compression over multiple stages, since it has been held that mere duplication of essential working parts of a device involve only routine skill in the art (In re Regis Paper Co. v. Bemis Co., 193 USPQ 8), and since it has been held that that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)).
Response to Arguments
Applicant's arguments filed on February 11, 2026 have been considered but, are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746