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 .
Election/Restrictions
Applicant's election with traverse of Invention I (Claims 1 – 6 and 8 – 19) in the reply filed on January 14, 2026 is acknowledged. The traversal is on the ground(s) that “examination of the pending claims does not present a burden to the Examiner considering the scope of the subject matter, how well-organized and defied the prior-art classifications, and search tools available to the Examiner”. This is not found persuasive because the mutually exclusive features of the inventions require at least a different text search due to their different shapes and/or features. Furthermore, even if the search were the same, it would be a burden to review every reference for all embodiments instead of just the elected embodiment.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The Examiner notes that the Information Disclosure Statement (IDS) submissions (see attachments) are extremely long, citing over at least 500 references for consideration. Applicant is reminded of MPEP § 2004, paragraph 13:
It is desirable to avoid the submission of long lists of documents if it can be avoided. Eliminate clearly irrelevant and marginally pertinent cumulative information. If a long list is submitted, highlight those documents which have been specifically brought to applicant’s attention and/or are known to be of most significance. See Penn Yan Boats, Inc. v. Sea Lark Boats, Inc., 359 F. Supp. 948, 175 USPQ 260 (S.D. Fla. 1972), aff ’d, 479 F.2d 1338, 178 USPQ 577 (5th Cir. 1973), cert. denied, 414 U.S. 874 (1974). But cf. Molins PLC v. Textron Inc., 48 F.3d 1172, 33 USPQ2d 1823 (Fed. Cir. 1995).
Moreover, an IDS should comply with 37 CFR 1.56 (b) which states that "information is material to patentability which is not cumulative to information already of record or being made of record in the application …" [emphasis added]. The cited references, in addition to being extensive in volume, also appear to be largely cumulative, therefore, based upon the large number of references cited, the initialed references have been considered in a cumulative manner. Examination of over at least 200-references in the IDS(s) is considered burdensome without further information from Applicant. For example, if only 3 minutes are spent per reference in order to ascertain the pertinence of the reference as determined by Applicant for inclusion in the IDS, then the examination of these over 200-references would take at least one work day. If Applicant is aware of pertinent material in the references, it should be stated in a response to this 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.
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 – 4 are rejected under 35 U.S.C. 103 as being unpatentable over Lee, Hsun-Ching (US 2021/0332745 – herein after Lee) in view of Dallai, Mauro (US 2013/0230415 – herein after Dallai).
In reference to claim 1, Lee teaches a compressor (see title: “air compressor”) comprising (see fig. 2):
a housing (casing 10);
a first compression mechanism [labeled “1st” in fig. A below: corresponds to first set of cylinders (e.g. the first two cylinders from the left in Lee’s fig. 2)] disposed in the housing and configured to compress a working fluid (air) from a suction pressure (inlet pressure) to a discharge pressure (outlet pressure), the first compression mechanism including a first cylinder housing (casing portion corresponding to asserted first compression mechanism) having a first cylinder (labeled “c1” in fig. A below), a second cylinder (labeled “c2” in fig. A below);
a second compression mechanism [labeled “2nd” in fig. A below: corresponds to second set of cylinders (e.g. the remaining two cylinders in Lee’s fig. 2)] disposed in the housing and configured to compress the working fluid (air) from the suction pressure to the discharge pressure, the second compression mechanism including a second cylinder housing (casing portion corresponding to asserted second compression mechanism) having a third cylinder (labeled “c3” in fig. A below), a fourth cylinder (labeled “c4” in fig. A below).
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Fig. A: Edited fig. 2 of Lee to show claim interpretation.
Lee remains silent on the compressor, comprising: “a first fluid storage plenum; a second fluid storage plenum; and a housing cover fixed to the housing and defining an intermediate-fluid port therein, the intermediate-fluid port being in fluid communication with the first fluid storage plenum via a first intermediate-fluid passage and the second fluid storage plenum via a second intermediate-fluid passage, wherein: working fluid at an intermediate pressure enters the intermediate-fluid port, the intermediate pressure is greater than the suction pressure and less than the discharge pressure, and the first fluid storage plenum and the second fluid storage plenum are configured to store the fluid at the intermediate pressure therein”.
However, Dallai teaches a compressor (see figs. 2,3, 6-7), comprising: a fluid storage plenum (21); and a housing cover (6) fixed to the housing (1A) and defining an intermediate-fluid port (14C) therein, the intermediate-fluid port (14C) being in fluid communication with the fluid storage plenum (21) via an intermediate-fluid passage (14B), wherein: working fluid at an intermediate pressure enters the intermediate-fluid port (14C), the intermediate pressure is greater than the suction pressure and less than the discharge pressure (see abstract), and the fluid storage plenum (21) is configured to store the fluid at the intermediate pressure therein (the asserted storage plenum is capable of storing the fluid at the intermediate pressure therein).
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the compressor of Lee by incorporating the intermediate-pressure injection system of Dallai for the purpose of increasing the compression capacity and energy efficiency of the compressor, as recognized by Dallai (see ¶90). The proposed modification would involve organizing Lee’s four-cylinder compressor into pairs and providing each with the distribution plenums and valve taught by Dallai to ensure uniform efficiency gains throughout the device [see Dallai’s ¶30: “Clearly, a different number of pistons and/or distributors can be provided, arranged in various manner (in-line, V-shaped, or other else) in a compressor according to the requirements of the plant to be supplied”]. It has been held that mere duplication of the essential working parts (providing two mechanisms where the prior art shows one or the teaching for one) of a device involves only routine skill in the art.
Thus, Lee, as modified, teaches the compressor, comprising: a first fluid storage plenum (Dallai’s 21 for Lee’s first compression mechanism); a second fluid storage plenum (Dallai’s 21 for Lee’s second compression mechanism); a valve (Dallai’s 19); and a housing cover (6 of Dallai) fixed to the housing (of Lee) and defining an intermediate-fluid port (14C) therein, the intermediate-fluid port being in fluid communication with the first fluid storage plenum via a first intermediate-fluid passage (Dallai’s 14B for Lee’s first compression mechanism) and the second fluid storage plenum via a second intermediate-fluid passage (Dallai’s 14B for Lee’s second compression mechanism), wherein: working fluid at an intermediate pressure enters the intermediate-fluid port, the intermediate pressure is greater than the suction pressure and less than the discharge pressure, and the first fluid storage plenum and the second fluid storage plenum are configured to store the fluid at the intermediate pressure therein..
In reference to claim 2, Lee, as modified above in claim 1, teaches the compressor (see Dallai), wherein the housing cover (6; see fig. 6 of Dallai) further includes (see fig. B below):
a body defining an outer diameter (labeled “O.D.”) and an inner diameter (labeled “I.D.”) spaced radially inward from the outer diameter,
a first surface (labeled “1st”; viewed as bottom wall surface) and a second surface (labeled “2nd”) opposite the first surface, the first surface and the second surface defining a thickness (labeled “T”) therebetween, and
a third surface (labeled “3rd”) protruding axially (in ↓ direction) from the second surface, wherein the second surface and the third surface cooperate to define a cavity (14A) therebetween.
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Fig. B: Edited fig. 6 of Dallai to show claim interpretation.
In reference to claim 3, Lee, as modified above in claim 1, teaches the compressor (see Dallai), wherein the cavity (14A; in Dallai) is in fluid communication with the intermediate-fluid port (14C; in Dallai).
In reference to claim 4, Lee, as modified above in claim 1, teaches the compressor (see Dallai), wherein the second surface of the housing cover (see fig. B above) defines a plurality of apertures (labeled “p1”, “p2”) positioned between the outer diameter (“O.D.”) and the inner diameter (“I.D.”), each of the plurality of apertures extending (in ↨ direction) partially through the body to a depth that is less than the thickness (“T”).
Allowable Subject Matter
Claims 5, 6 and 8 – 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Other closest references, with respect to the housing cover having a port for providing fluid at intermediate pressure in a compressor, considered were: Sishtla et al. (US 2023/0041180), Theodore et al. (US 2021/0388827), Lifson et al. (US 2018/0128254), Terauchi, Kiyoshi (US 2010/0068085) and Bergman et al. (US 2014/0170006).
The prior arts of record alone or in combination fails to teach the compressor having the housing cover wherein “a channel extends radially inward from each of the plurality of apertures to the inner diameter, each of the channels being in fluid communication with the cavity”, as in claim 5.
Claims 6 and 8 – 19 depend on claim 5.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIRAG JARIWALA whose telephone number is (571)272-0467. The examiner can normally be reached M-F 8 AM-5 PM.
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/CHIRAG JARIWALA/Examiner, Art Unit 3746
/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746