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 .
Status of Claims
The Office Action is in response to the remarks and amendments filed on 3/30/2026. The objections to the Specification have been withdrawn in light of the amendments filed. Claim 10 is cancelled. Accordingly, claims 1-9 and 11-20 are pending for consideration in this Office Action.
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 2-9 and 12-20 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.
Regarding Claims 2-9 and 12-20, the recitations of “the insulation chamber” render the claims unclear.
In particular, amended independent claims 1 and claim 11 recite a first insulation chamber and a second insulation chamber. The recitations of “the insulation chamber” in the dependent claims are unclear to which insulation chambers are being referred to. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For examination purposes, the limitation has been interpreted as - - the first insulation chamber or the second insulation chamber - - for clarity.
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 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Nussdorfer et al. (US4550770A) in view of Nishimura et al. (JP2019011748A) and Yamamoto (JP5920406B2).
Regarding Claim 1, Nussdorfer discloses a home appliance [a window-mounted room air conditioner 10, Figure 1; col. 1, lines 7-15] comprising:
a compressor [compressor unit 40, Figure 1] configured to compress a refrigerant [where compressor unit 40 provides compressed refrigerant; col. 4, lines 39-48];
and a heat pump [a reverse cycle refrigeration system, Figure 1; col. 4, lines 39-64] including a heat exchanger [inside heat exchange coil 30, Figure 1] configured to condense or evaporate the refrigerant [where inside heat exchange coil 30 functions as an evaporator; col. 6, lines 1-10; where air conditioner 10 is a reversing refrigeration system; col. 4, lines 39-64; such that in a heat pump mode the inside coil condenses refrigerant; col. 1, lines 30-36] using the refrigerant compressed by the compressor [col. 4, lines 39-51].
wherein the compressor comprises: a case [where the motor-compressor unit 40 is hermetically sealed; col. 4, lines 39-44] including a suction port and a discharge port, a compression device configured to compress the refrigerant introduced from the suction port [where one of ordinary skill in the art would know a hermetically sealed motor-compressor inherently has a case including a suction port, a discharge port and a compression device configured to compress the refrigerant introduced from the suction port, see pertinent art ASHRAE], and a driving motor [where compressor unit 40 is a motor-driven compressor; col. 4, lines 39-44] disposed on one side of the compression device [where one of ordinary skill in the art would know the motor of a hermetically sealed motor driven compressor is inherently spatially positioned on one side of the compression device, see pertinent art ASHRAE] and configured to drive the compression device [a motor-driven compressor; col. 4, lines 39-44], but Nussdorfer does not teach wherein the compression device comprises:
a compression chamber providing a space in which the refrigerant is compressed a suction hole communicating with the suction port and an insulation chamber positioned outside the compression chamber to be spatially separated from the compression chamber and wherein the insulation chamber comprises a first insulation chamber positioned on an upper side of the compression chamber
However, Nishimura teaches a rotary compressor for refrigeration systems [0001;0002] including a compression chamber [compression chamber 39, Figure 2] providing a space in which the refrigerant is compressed [where cylinder 35 is formed with a cylinder bore 36 and a suction port 38, Figure 3, 0027], a suction hole communicating with the suction port [where cylinder bore 36 forming compression chamber 39 connects with suction port 38, Figure 3], and an insulation chamber [recess 68, Figure 1; 0075] positioned outside the compression chamber to be spatially separated from the compression chamber [where recess 68 is formed in plate 50 to form an insulating space for blocking heat transferred, Figure 1; 0011] and wherein the insulation chamber comprises a first insulation chamber [recess 68, Figure 1] positioned on an upper side of the compression chamber [above compression chamber 36 of rear cylinder 35, Figure 1] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., improving compression efficiency [Nishimura, 0011].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Nussdorfer to have a compression chamber providing a space in which the refrigerant is compressed a suction hole communicating with the suction port and an insulation chamber positioned outside the compression chamber to be spatially separated from the compression chamber in view of the teachings of Nishimura where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., improving compression efficiency [Nishimura, 0011].
The combined teachings do not teach where a second insulation chamber is positioned on a lower side of the compression chamber
However, Yamamoto teaches a two-cylinder rotary compressor [0024] where a second insulation chamber [insulating space 53 in rear head, Figure 4; 0038] is positioned on a lower side of the compression chamber [below compression chamber 31 of rear cylinder 14, Figure 1; 0033] where one of ordinary skill in the art could have combined the elements, a rear insulating chamber in the rear cylinder and in the rear head, as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., improving compressor efficiency by suppressing heat transfer between the intake and the discharge of the compression chamber [Yamamoto; 0041].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have a second insulation chamber positioned on a lower side of the compression chamber in view of the teachings of Yamamoto where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., improving compressor efficiency by suppressing heat transfer between the intake and the discharge of the compression chamber [Yamamoto; 0041].
Regarding Claim 5, Nussdorfer, as modified, teaches the invention of claim 1 and does not teach wherein the first insulation chamber or the second insulation chamber is configured to be sealed from an outside of the compression device.
However, Nishimura teaches a rotary compressor for refrigeration systems [0001;0002] wherein the insulation chamber [recesses 68, Figure 1; 0075] is configured to be sealed from an outside of the compression device [where a closed space is formed by recess 68 is formed in plate 50, Figure 1; 0009] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art., i.e., improving compression efficiency [Nishimura, 0011].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have where the first insulation chamber is configured to be sealed from an outside of the compression device in view of the teachings of Nishimura where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., improving compression efficiency [Nishimura, 0011].
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Nussdorfer et al. (US4550770A) in view of Nishimura et al. (JP2019011748A) and Yamamoto (JP5920406B2) as applied to claim 1 above and in further view of Kawano et al. (US20150369526A1).
Regarding Claim 2, Nussdorfer, as modified, teaches the invention of claim 1 and does not teach where the compression device further includes a bypass flow path configured to communicate the suction hole with the first insulation chamber or the second insulation chamber.
However, Kawano teaches a compressor for use in a refrigeration cycle [0001] where the compression device [compressor 100, Figure 1] further includes a bypass flow path [via communication hole 162d, Figure 2;0080] configured to communicate the suction hole [where refrigerant gas flows into the compression chamber 134 through the communication pipe 162 and the suction hole 151 a, Figure 1 and Figure 2; 0066] with the insulation chamber [where heat insulating space 162c is formed on the outer periphery of communication pipe exit section 162a of communication pipe 162, Figure 2; 0088] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., effectively suppress a decrease in the volumetric efficiency of the refrigerant gas [Kawano, 0023]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have where the compression device further includes a bypass flow path configured to communicate the suction hole with the first insulation chamber in view of the teachings of Kawano where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., effectively suppress a decrease in the volumetric efficiency of the refrigerant gas [Kawano, 0023]
Regarding Claim 3 Nussdorfer, as modified, teaches the invention of claim 2 and does not teach wherein the first insulation chamber or the second insulation chamber is a space in which a portion of the refrigerant passing through the suction hole passes through the bypass flow path and is accommodated.
However, Kawano teaches a compressor for use in a refrigeration cycle [0001] where the compression device [compressor 100, Figure 1] further includes a bypass flow path [via communication hole 162d, Figure 2;0080] configured to communicate the suction hole [where refrigerant gas flows into the compression chamber 134 through the communication pipe 162 and the suction hole 151 a, Figure 1 and Figure 2; 0066] with the insulation chamber [where heat insulating space 162c is formed on the outer periphery of communication pipe exit section 162a of communication pipe 162, Figure 2; 0088] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., effectively suppress a decrease in the volumetric efficiency of the refrigerant gas [Kawano, 0023]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have wherein the first insulation chamber is a space in which a portion of the refrigerant passing through the suction hole passes through the bypass flow path and is accommodated in view of the teachings of Kawano where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., effectively suppress a decrease in the volumetric efficiency of the refrigerant gas [Kawano, 0023]
Claim 3 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “a space in which a portion of the refrigerant passing through the suction hole passes through the bypass flow path and is accommodated.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.
Claims 4 are rejected under 35 U.S.C. 103 as being unpatentable over Nussdorfer et al. (US4550770A) in view of Nishimura et al. (JP2019011748A) and Yamamoto (JP5920406B2).as applied to claim 1 above and in further view of Saito et al (JPH0599183A).
Regarding Claim 4, Nussdorfer, as modified, teaches the invention of claim 1 and does not teach wherein the first insulation chamber or the second insulation chamber is in a vacuum state.
However, Saito teaches a rotary compressor used in an air conditioner [0001] where the insulation chamber [insulating layers 26, Figure 2] is in a vacuum state [where the insulating layers are sealed spaces and may be vacuum; 0087] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., forming an insulating layer with high thermal conductivity [Saito, 0056].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have where wherein the first insulation chamber or the second insulation chamber is in a vacuum state in view of the teachings of Saito where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., forming an insulating layer with high thermal conductivity [Saito, 0056].
Claims 6 are rejected under 35 U.S.C. 103 as being unpatentable over Nussdorfer et al. (US4550770A) in view of Nishimura et al. (JP2019011748A) and Yamamoto (JP5920406B2).as applied to claim 1 above and in further view of Katayama et al. (US20180017057A1).
Regarding Claim 6, Nussdorfer, as modified, teaches the invention of claim 1 and further does not teach a cylinder including the suction hole and configured to form the compression chamber therein and a flange configured to be coupled to the cylinder and including a discharge hole formed to discharge the refrigerant compressed in the compression chamber, and wherein the first insulation chamber or the second insulation chamber is formed inside the flange.
However, Nishimura teaches a rotary compressor for refrigeration systems [0001;0002] including a cylinder [a rear cylinder 35 with cylinder bore 31, Figure 2; 0027] including the suction hole [where cylinder bore 36 communicates with suction port 38, Figure 3; 0027] and configured to form the compression chamber therein [compression chamber 39, Figure 3] and a flange [plate 50, Figure 1] configured to be coupled to the cylinder [where plate 50 is between front cylinder 30 and rear cylinder 35, Figure 1; 0015] wherein the insulation chamber is formed inside the flange [where recesses 68 are formed in plate 50 to form an insulating space for blocking heat transferred, Figure 1; 0011] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e.,improving compression efficiency [Nishimura, 0011].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have a cylinder including the suction hole and configured to form the compression chamber therein and a flange configured to be coupled to the cylinder and including a discharge hole formed to discharge the refrigerant compressed in the compression chamber, and wherein the first insulation chamber or the second insulation chamber is formed inside the flange in view of the teachings of Nishimura where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., improving compression efficiency [Nishimura, 0011].
Nishimura teaches a passage formed in the compression mechanism for discharging gas [where the refrigerant compressed in the compression chamber 39 of the rear cylinder 35 is discharged from the compression chamber 39 through the discharge port 29 of the rear head 25 and flows into the space above the front head 20 through a passage not shown formed in the compression mechanism 15; 0069] but the combined teachings do not teach explicitly teach the flange including a discharge hole formed to discharge the refrigerant compressed in the compression chamber.
However, Katayama teaches where the flange [intermediate plate 140, Figure 1] includes a discharge hole [a refrigerant path hole 136 which penetrates the intermediate partition plate 140; 0052] formed to discharge the refrigerant compressed in the compression chamber [where refrigerant compressed in lower cylinder chamber 130S is discharged to the inside of the compressor housing 10 through the refrigerant path hole 136; 0055] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., delivering compressed gas to the discharge pipe of the compressor case.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have the flange including a discharge hole formed to discharge the refrigerant compressed in the compression chamber in view of the teachings of Nishimura where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., delivering compressed gas to the discharge pipe of the compressor case.
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nussdorfer et al. (US4550770A) in view of Nishimura et al. (JP2019011748A), Yamamoto (JP5920406B2).and Katayama et al. (US20180017057A1) as applied to claim 6 above and in further view of Chinen (EP4534842A1).
Regarding Claim 7, Nussdorfer, as modified, teaches the invention of claim 6 and does not teach where a bypass flow path is configured to communicate with the suction hole and the first insulation chamber or the second insulation chamber, wherein the bypass flow path comprises: a first bypass flow path positioned in the cylinder and configured to communicate with the suction hole, and a second bypass flow path positioned in the flange and configured to communicate with a refrigerant insulation chamber, and wherein the first bypass flow path and the second bypass flow path are connected to each other.
However, Chinen teaches a compressor and a refrigeration cycle apparatus [0001] where the bypass flow path comprises: a first bypass flow path [chamber Cs, Figure 5 ] positioned in the cylinder [cylinder 131, Figure 5] and configured to communicate with the suction hole [suction port h1, Figure 5], and a second bypass flow path [passage p3, Figure 5] positioned in the flange [main bearing 137, Figure 5] and configured to communicate with a refrigerant insulation chamber [chamber Cb, Figure 5], and wherein the first bypass flow path and the second bypass flow path are connected to each other [where flow of refrigerant passes through passage p3 and chamber Cs, Figure 6; 0095] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., reduces the need for additional space to install a separate accumulator, enabling a more efficient layout of the compressor [Chinen, 0008].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have where a bypass flow path is configured to communicate with the suction hole and the first insulation chamber, wherein the bypass flow path comprises: a first bypass flow path positioned in the cylinder and configured to communicate with the suction hole, and a second bypass flow path positioned in the flange and configured to communicate with a refrigerant insulation chamber, and wherein the first bypass flow path and the second bypass flow path are connected to each other in view of the teachings of Chinen where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., reduces the need for additional space to install a separate accumulator, enabling a more efficient layout of the compressor [Chinen, 0008].
Regarding Claim 8, Nussdorfer, as modified, teaches the invention of claim 7 and does not teach wherein the compressor further comprises: a rolling piston disposed in the compression chamber, and a rotation shaft configured to transfer a rotational force of the driving motor to the rolling piston, wherein the flange includes a hollow portion through which the rotation shaft passes, and wherein the insulation chamber is positioned to be relatively closer to the hollow portion than to an outer circumferential surface of the flange.
However, Nishimura teaches a rotary compressor for refrigeration systems [0001;0002] including a rolling piston [piston 45, Figure 3] disposed in the compression chamber [compression chamber 39, Figure 3], and a rotation shaft [drive shaft 70, Figure 1] configured to transfer a rotational force of the driving device to the rolling piston [where lower eccentric part 76 of drive shaft 70 is rotatably fitted to rear piston 45, Figure 3;0060], wherein the flange [plate 50, Figure 4] includes a hollow portion through which the rotation shaft passes [central through holes 61 and 66, Figure 4;0046], and wherein the insulation chamber [recess 68, Figure 4] is positioned to be relatively closer to the hollow portion than to an outer circumferential surface of the flange [where recess 68 is closer to the central through-hole 66 than to the outer circumferential surface of second divided plate 65 of plate 50, visible in Figure 4] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., preventing the refrigerant on the suction side from being heated and improving compression efficiency [Nishimura, 0011].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have where the compressor further comprises: a rolling piston disposed in the compression chamber, and a rotation shaft configured to transfer a rotational force of the driving device to the rolling piston, wherein the flange includes a hollow portion through which the rotation shaft passes, and wherein the first insulation chamber or the second insulation chamber is positioned to be relatively closer to the hollow portion than to an outer circumferential surface of the flange in view of the teachings of Nishimura where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., improving compression efficiency [Nishimura, 0011].
Regarding Claim 9, Nussdorfer, as modified, teaches the invention of claim 8 and the claim language “wherein a conductive thermal resistance of the first insulation chamber or the second insulation chamber is relatively greater than a conductive thermal resistance of the flange” does not require the prior art to perform an additional method step nor does it require additional structure beyond claim 8. Therefore, the claimed properties are presumed to be inherent to the insulation chamber. MPEP § 2112.01.
Claims 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura et al. (JP2019011748A) in view of Yamamoto (JP5920406B2).
Regarding Claim 11, Nishimura teaches a compressor [compressor 1, Figure 1], comprising:
a case [casing 2, Figure 1] comprising a suction port [suction pipe 8, Figure 1] and a discharge port [discharge pipe 6, Figure 1];
a compression device [compression mechanism 15, Figure 1] configured to compress a refrigerant introduced from the suction port [where the compression mechanism 15 includes two pistons 40,45 and two blades 41,46; 0023]; and
a driving motor [electric motor 10, Figure 1] disposed on one side of the compression device [where electric motor 10 is on the discharge side of compression mechanism 15, Figure 1] and configured to drive the compression device [where electric motor rotor 12 attaches to drive shaft 70 of a compression mechanism 15, Figure 1; 0039], wherein the compression device comprises: a compression chamber [a compression mechanism 15 having two compression chambers 34, 39, Figure 2 and Figure 3] providing a space in which the refrigerant is compressed [where each cylinder undergoes a suction stroke and a compression stroke; 0068], a suction hole communicating with the suction port [where the suction port 38 is a hole that extends to cylinder bore 36, Figure 3; 0032], and an insulation chamber [recess 68, Figure 1; 0075] positioned outside the compression chamber to be spatially separated from the compression chamber [where recess 68 is formed in plate 50 to form an insulating space for blocking heat transferred, Figure 1; 0011] and
wherein the insulation chamber comprises a first insulation chamber [recess 68, Figure 1] positioned on an upper side of the compression chamber [above compression chamber 36 of rear cylinder 35, Figure 1] but Nishimura does not teach a second insulation chamber positioned on a lower side of the compression chamber.
However, Yamamoto also teaches a two-cylinder rotary compressor [0024] where a second insulation chamber [insulating space 53 in rear head, Figure 4; 0038] is positioned on a lower side of the compression chamber [below compression chamber 31 of rear cylinder 14, Figure 1; 0033] where one of ordinary skill in the art could have combined the elements, a rear insulating chamber in the rear cylinder and in the rear head, as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., improving compressor efficiency by suppressing heat transfer between the intake and the discharge of the compression chamber [Yamamoto; 0041].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Nishimura to have a second insulation chamber positioned on a lower side of the compression chamber in view of the teachings of Yamamoto where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., improving compressor efficiency by suppressing heat transfer between the intake and the discharge of the compression chamber [Yamamoto; 0041].
Regarding Claim 15, Nishimura, as modified, teaches the compressor of claim 11, and further teaches wherein the first insulation chamber or second insulation chamber [recesses 68, Figure 1; 0075 of Nishimura, and insulating space 53 of Yamamoto as applied in claim 11 above] are configured to be sealed from an outside of the compression device [where a closed space is formed by recess 68 is formed in plate 50, Figure 1 and Figure 4; 0009 of Nishimura; where insulating space 53 may be completely separated and into which refrigerant cannot enter; 0038 of Yamamoto, refer to Yamamoto as applied to claim 11 above].
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura et al. (JP2019011748A) in view of Yamamoto (JP5920406B2) as applied to claim 11 above and in further view of Kawano et al. (US20150369526A1).
Regarding Claim 12, Nishimura teaches the invention of claim 11 and does not teach where the compression device further includes a bypass flow path configured to communicate the suction hole with the first insulation chamber or the second insulation chamber.
However, Kawano teaches a compressor for use in a refrigeration cycle [0001] where the compression device [compressor 100, Figure 1] further includes a bypass flow path [via communication hole 162d, Figure 2;0080] configured to communicate the suction hole [where refrigerant gas flows into the compression chamber 134 through the communication pipe 162 and the suction hole 151 a, Figure 1 and Figure 2; 0066] with the insulation chamber [where heat insulating space 162c is formed on the outer periphery of communication pipe exit section 162a of communication pipe 162, Figure 2; 0088] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., effectively suppress a decrease in the volumetric efficiency of the refrigerant gas [Kawano, 0023]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have where the compression device further includes a bypass flow path configured to communicate the suction hole with the first insulation chamber in view of the teachings of Nishimura where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., effectively suppress a decrease in the volumetric efficiency of the refrigerant gas [Kawano, 0023]
Regarding Claim 13, Nishimura, as modified, teaches the invention of claim 12, and does not teach wherein the first insulation chamber or the second insulation chamber is a space in which a portion of the refrigerant passing through the suction hole passes through the bypass flow path and is accommodated.
However, Kawano teaches a compressor for use in a refrigeration cycle [0001] where the compression device [compressor 100, Figure 1] further includes a bypass flow path [via communication hole 162d, Figure 2;0080] configured to communicate the suction hole [where refrigerant gas flows into the compression chamber 134 through the communication pipe 162 and the suction hole 151 a, Figure 1 and Figure 2; 0066] with the insulation chamber [where heat insulating space 162c is formed on the outer periphery of communication pipe exit section 162a of communication pipe 162, Figure 2; 0088] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., effectively suppress a decrease in the volumetric efficiency of the refrigerant gas [Kawano, 0023]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have wherein the first insulation chamber is a space in which a portion of the refrigerant passing through the suction hole passes through the bypass flow path and is accommodated in view of the teachings of Kawano where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., effectively suppress a decrease in the volumetric efficiency of the refrigerant gas [Kawano, 0023]
Claim 3 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “a space in which a portion of the refrigerant passing through the suction hole passes through the bypass flow path and is accommodated.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.
Claims 14 are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura et al. (JP2019011748A) in view of Yamamoto (JP5920406B2).as applied to claim 11 above and in further view of Saito et al (JPH0599183A).
Regarding Claim 14, Nishimura teaches the invention of claim 11 and does not teach wherein the first insulation chamber or the second insulation chamber is in a vacuum state.
However, Saito teaches a rotary compressor used in an air conditioner [0001] where the insulation chamber [insulating layers 26, Figure 2] is in a vacuum state [where the insulating layers are sealed spaces and may be vacuum; 0087] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., forming an insulating layer with high thermal conductivity [Saito, 0056].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have where the first insulation chamber or the second insulation chamber is in a vacuum state in view of the teachings of Saito where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., forming an insulating layer with high thermal conductivity [Saito, 0056].
Claims 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura et al. (JP2019011748A) in view of Yamamoto (JP5920406B2). as applied to claim 11 above and in further view of Katayama et al. (US20180017057A1).
Regarding Claim 16, Nishimura teaches the invention of claim 11 and further teaches the compression device further comprises: a cylinder [a rear cylinder 35 with cylinder bore 31, Figure 2; 0027] including the suction hole [where cylinder bore 36 communicates with suction port 38, Figure 3; 0027] and configured to form the compression chamber therein [compression chamber 39, Figure 3] and a flange [plate 50, Figure 1] configured to be coupled to the cylinder [where plate 50 is between front cylinder 30 and rear cylinder 35, Figure 1; 0015] wherein the first insulation chamber is formed inside the flange [where recesses 68 are formed in plate 50 to form an insulating space for blocking heat transferred, Figure 1; 0011] and Nishimura teaches a passage formed in the compression mechanism for discharging gas [where the refrigerant compressed in the compression chamber 39 of the rear cylinder 35 is discharged from the compression chamber 39 through the discharge port 29 of the rear head 25 and flows into the space above the front head 20 through a passage not shown formed in the compression mechanism 15; 0069] but does not teach the flange includes a discharge hole formed to discharge the refrigerant compressed in the compression chamber.
However, Katayama teaches where the flange [intermediate plate 140, Figure 1] includes a discharge hole [a refrigerant path hole 136 which penetrates the intermediate partition plate 140; 0052] formed to discharge the refrigerant compressed in the compression chamber [where refrigerant compressed in lower cylinder chamber 130S is discharged to the inside of the compressor housing 10 through the refrigerant path hole 136; 0055] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., delivering compressed gas to the discharge pipe of the compressor case.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have the flange including a discharge hole formed to discharge the refrigerant compressed in the compression chamber in view of the teachings of Nishimura where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., delivering compressed gas to the discharge pipe of the compressor case.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura et al. (JP2019011748A) in view of Yamamoto (JP5920406B2) and Katayama et al. (US20180017057A1) as applied to claim 16 above and in further view of Chinen (EP4534842A1).
Regarding Claim 17, Nishimura, as modified, teaches the invention of claim 16 and does not teach a bypass flow path configured to communicate with the suction hole and the first insulation chamber or the second insulation chamber, wherein the bypass flow path includes: a first bypass flow path positioned in the cylinder and configured to communicate with the suction hole, and a second bypass flow path positioned in the flange and configured to communicate with a refrigerant insulation chamber, and wherein the first bypass flow path and the second bypass flow path are connected to each other.
However, Chinen teaches a compressor and a refrigeration cycle apparatus [0001] where the bypass flow path comprises: a first bypass flow path [chamber Cs, Figure 5 ] positioned in the cylinder [cylinder 131, Figure 5] and configured to communicate with the suction hole [suction port h1, Figure 5], and a second bypass flow path [passage p3, Figure 5] positioned in the flange [main bearing 137, Figure 5] and configured to communicate with a refrigerant insulation chamber [chamber Cb, Figure 5], and wherein the first bypass flow path and the second bypass flow path are connected to each other [where flow of refrigerant passes through passage p3 and chamber Cs, Figure 6; 0095] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., reduces the need for additional space to install a separate accumulator, enabling a more efficient layout of the compressor [Chinen, 0008].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have where a bypass flow path is configured to communicate with the suction hole and the first insulation chamber or the second insulation chamber, wherein the bypass flow path comprises: a first bypass flow path positioned in the cylinder and configured to communicate with the suction hole, and a second bypass flow path positioned in the flange and configured to communicate with a refrigerant insulation chamber, and wherein the first bypass flow path and the second bypass flow path are connected to each other in view of the teachings of Chinen where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., reduces the need for additional space to install a separate accumulator, enabling a more efficient layout of the compressor [Chinen, 0008].
Regarding Claim 18, Nishimura, as modified, teaches the invention of claim 16 and further teaches including a rolling piston [piston 45, Figure 3] disposed in the compression chamber [compression chamber 39, Figure 3], and a rotation shaft [drive shaft 70, Figure 1] configured to transfer a rotational force of the driving motor to the rolling piston [where lower eccentric part 76 of drive shaft 70 is rotatably fitted to rear piston 45, Figure 3;0060], wherein the flange [plate 50, Figure 4] includes a hollow portion through which the rotation shaft passes [central through holes 61 and 66, Figure 4;0046], and wherein the first insulation chamber [recess 68, Figure 4] is positioned to be relatively closer to the hollow portion than to an outer circumferential surface of the flange [where recess 68 is closer to the central through-hole 66 than to the outer circumferential surface of second divided plate 65 of plate 50, visible in Figure 4]
Regarding Claim 19, Nishimura, as modified, teaches the invention of claim 18 and the claim language “wherein a conductive thermal resistance of the first insulation chamber or the second insulation chamber is relatively greater than a conductive thermal resistance of the flange” does not require the prior art to perform an additional method step nor does it require additional structure beyond claim 18. Therefore, the claimed properties are presumed to be inherent to an insulation chamber. MPEP § 2112.01.
Regarding Claim 20, Nishimura, as modified, teaches the invention of claim 19 and further teaches wherein the first insulation chamber is disposed around the compression chamber [where recess 68 forms an annular groove along the circumference of the second central through-hole 66, Figure 4; 0047].
Claim 20 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “to increase conductive thermal resistance around the compression chamber.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.
Response to Amendment
Applicant’s arguments filed 03/30/2026 with respect to claims 1 and 11 on pages 10-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant does not separately argue the rejection of claims 2-9 and 12-20 except for their dependence upon claim 1 and claim 11. Accordingly, the rejections of record are considered proper and remain.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. ASHRAE (2020 ASHRAE Handbook– HVAC Systems and Equipment, I-P Edition) discusses classifications of compressors and how compressors are required to work on a differential pressure of discharge pressure minus suction pressure, 38.1. ASHRAE define hermetic compressors as devices that seal a motor and compressor in the same housing, 38.1, where the motor location is either on the high-pressure or low-pressure side of the compression mechanism in the housing, 38.6.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KEONA LAUREN BANKS/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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