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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "60" and "58" have both been used to designate the opening portion 60, specifically item 58 in Fig. 3 appears to be pointing to the opening portion not the connecting tool. 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
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“Connecting tool” in line 3 of claim 2 draws corresponding structure from the following recitation of the specification, “For example, the connecting tool 58 may be a screw, a fastening part such as a bolt and a nut, or other appropriate removable connecting parts (Pg. 22, paragraph 51)”, or equivalents.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 5 is 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 5, lines 5-8 recite, “a passage region of the control panel, when the control panel is extracted forward from the compressor casing together with the second panel portion, is defined inside the caster fixation portion” which is unclear to the Examiner as to if the passage region is meant to be entirely inside of the caster fixation portion, if the passage region is overlapping with the caster fixation portion, or if the passage region is not to interfere with the caster fixation portion. For purposes of examination, the Examiner will interpret the claim to require the width of the control panel to not interfere with the caster fixation portion which is depicted in Fig. 8 and further supported by the following recitation of the specification, “In this embodiment, the passage region 72 of the control panel 50 when the control panel 50 is extracted forward from the compressor casing 24 together with the second panel portion 29 is defined inside the caster fixation portion 52a. In other words, a width (dimension in the horizontal direction) W1 of the bottom surface of the control panel 50 is narrower than a width W2 of the second panel portion 29. Accordingly, when the control panel 50 is extracted forward, interference between the control panel 50 and the caster fixation portion 52a can be avoided, and the control panel 50 can be smoothly extracted (Pg. 26, paragraph 60)”. The Examiner recommends making amendments to clarify the dimensional relationship between the passage region and the caster fixation portion.
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.
Claims 1 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nakashima (US Patent No. 10,174,974), hereinafter Nakashima in view of Nobori et al. (JP 2000039183), hereinafter Nobori.
Regarding claim 1, Nakashima discloses a cryocooler compressor (Fig. 1, compressor 1 specifically the components inside of the box identified as compressor 1) comprising:
a compressor casing that includes a front panel (See annotated Fig. 1 of Nakashima below, compressor casing 1A, front panel 1b), and
a pipe connection (Fig. 1, cooling water pipe connection 1).
However, Nakashima does not disclose a control panel; and
the compressor casing to accommodate the control panel,
wherein the front panel includes a first panel portion that provides the pipe connection, and a second panel portion that is removably connected to the first panel portion and on which the control panel is mounted.
Nobori teaches a control panel (Fig. 1, outdoor control section 20i, control box 40a); and
the compressor casing to accommodate the control panel (Fig. 1 of Nobori depicts the outdoor control section 20i and control box 40a to be accommodated inside of the housing 20a),
wherein the front panel includes a first panel portion that provides the pipe connection, and a second panel portion that is removably connected to the first panel portion and on which the control panel is mounted (See annotated Fig. 1 of Nobori below, first panel portion 1b’ is provided with connection potion 30a and removeable service panel 40 includes control box 40a which contains control section 20i).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryocooler compressor of Nakashima to include a control panel accommodated in the compressor casing wherein the front panel includes a first panel portion that provides the pipe connection, and a second panel portion that is removably connected to the first panel portion and on which the control panel is mounted as taught by Nobori. One of ordinary skill in the art would have been motivated to make this modification to enable a service work such as a repair and maintenance work to be easily carried out (Nobori, Abstract).
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Annotated Fig. 1 of Nakashima
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Regarding claim 4, Nakashima as modified discloses the cryocooler compressor according to claim 1 (see the combination of references used in the rejection of claim 1 above),
wherein the control panel is capable of being extracted forward from the compressor casing together with the second panel portion (Nobori, Pg. 5, In other words, according to the air conditioner 1 and the outdoor unit 20 of the present embodiment, the service panel 40 is pulled out in the direction of the arrow in FIG. The control box section 40a can be pulled out at the same time, so that the outdoor control section 20i can be easily inspected). Further, the limitations of claim 4 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 5, Nakashima as modified discloses the cryocooler compressor according to claim 4 (see the combination of references used in the rejection of claim 4 above),
wherein the compressor casing includes a bottom panel, and a caster fixation portion which is provided at an upper surface end portion of the bottom panel (See annotated Fig. 1 of Nakashima below, bottom panel 1c, caster fixation portion A is provided at an upper surface end portion of the bottom panel 1c), and
a passage region of the control panel, when the control panel is extracted forward from the compressor casing together with the second panel portion, is defined inside the caster fixation portion (See annotated Fig. 2 of Nobori below, passage region B; Further, the limitation, “a passage region of the control panel, when the control panel is extracted forward from the compressor casing together with the second panel portion, is defined inside the caster fixation portion” is a contingent system limitation which only requires the structure should the condition occur since it has been held the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur (MPEP 2111.04, Section II)). Further, the limitations of claim 5 are the result of the modification of references used in the rejection of claim 4 above.
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Annotated Fig. 1 of Nakashima
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Annotated Fig. 2 of Nobori
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Nakashima as modified by Nobori as applied to claim 1 above, and further in view of Large (US Patent No. 4,577,450), hereinafter Large.
Regarding claim 2, Nakashima as modified discloses the cryocooler compressor according to claim 1 (see the combination of references used in the rejection of claim 1 above),
wherein the second panel portion is removably connected to the first panel portion by a connecting tool (Nobori, Pg. 5, the service panel 40 is formed integrally with a control box section 40a that houses the outdoor control section 20i. It is detachably attached to the housing 20a by screws or the like).
However, Nakashima as modified does not disclose the first panel portion includes an opening portion for enabling access to the connecting tool from an outside of the compressor casing.
Large teaches the first panel portion includes an opening portion for enabling access to the connecting tool from an outside of the panel (Fig. 4, float space 94, tubular cup 48, bolt 60, portion 32a, upper plate 12, lower plate 14, panel 10).
Nakashima as modified fails to teach the first panel portion includes an opening portion for enabling access to the connecting tool from an outside of the compressor casing, however Large teaches that it is a known method in the art of joining panels to include an opening portion for enabling access to the connecting tool from an outside of the panel. This is strong evidence that modifying Nakashima as modified as claimed would produce predictable results (i.e. to provide a clean aesthetic with no visible fasteners). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Nakashima as modified by Large and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of to provide a clean aesthetic with no visible fasteners.
Regarding claim 3, Nakashima as modified discloses the cryocooler compressor according to claim 2 (see the combination of references used in the rejection of claim 2 above), wherein the first panel portion includes a first panel side surface to which the connecting tool is attached, and a second panel side surface including the opening portion (Large, Fig. 4, float space 94, tubular cup 48, bolt 60, portion 32a, upper plate 12, lower plate 14, panel 10). Further, the limitations of claim 3 are the result of the modification of references used in the rejection of claim 2 above.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Nakashima as modified by Nobori as applied to claim 1 above, and further in view of Townsend (US 20160116194), hereinafter Townsend.
Regarding claim 6, Nakashima as modified discloses the cryocooler compressor according to claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising:
a plurality of electric components accommodated in the compressor casing (Nobori, Pg. 4, The outdoor control unit 20i includes the propeller fan 20c, the compressor 20f, and the other outdoor unit 20. It performs operation control and the like, and is composed of various electric circuit elements).
However, as modified does not disclose wherein the control panel includes a plurality of connectors connected to the plurality of electric components on a back surface of the control panel.
Townsend teaches wherein the control panel includes a plurality of connectors connected to the plurality of electric components on a back surface of the control panel (Fig. 11, control panel 180, switches 184, connection wires 190; Pg. 5, paragraph 52, The timer 188 can be connected to the control panel 180, including switches 184, via one or more connection wires 190. The connection wires 190 can connect the timer 188 to one or more power sources and/or to the motor 162, blower 144 and/or pump 134).
Nakashima as modified fails to teach wherein the control panel includes a plurality of connectors connected to the plurality of electric components on a back surface of the control panel, however Townsend teaches that it is a known method in the art of control panels to include wherein the control panel includes a plurality of connectors connected to the plurality of electric components on a back surface of the control panel. This is strong evidence that modifying Nakashima as modified as claimed would produce predictable results (i.e. providing wire management to reduce clutter and improve electrical safety of the system). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Nakashima as modified by Townsend and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing wire management to reduce clutter and improve electrical safety of the system.
Regarding claim 7, Nakashima as modified discloses the cryocooler compressor according to claim 6 (see the combination of references used in the rejection of claim 6 above), wherein the plurality of connectors are collectively disposed at a specific location on the back surface of the control panel (Fig. 11 of Townsend depicts the switches 184 to be collectively disposed at a specific location on the back surface of the control panel 180). Further, the limitations of claim 7 are the result of the modification of references used in the rejection of claim 6 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (US 20150159921) discloses a similar cryocooler compressor.
Martens (WO 2019197912) discloses a similar compressor casing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVON MOORE/Examiner, Art Unit 3763 February 03rd, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763