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 the Claims
Claims 1, 2, 7, and 8, have been amended.
Claims 4 – 6 have been canceled.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 – 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,027,317, “Barthod.”
Regarding Claim 1: Barthod discloses a displacement machine according to the spiral principle (Figures 1 – 3), in particular, a scroll compressor ([Abstract], “scroll type machine including a fixed disk (5) comprising a spiral working wall (6) and a mobile disk (7)”), comprising an electric motor (25, 26), an orbiting displacement spiral (7) and a counter spiral (5), the displacement spiral and the counter spiral engaging into one another in such a way that variable compression chambers are formed between the displacement spiral and the counter spiral in order to receive and compress a working medium flowing through a working medium circuit (Cl. 2, ln. 8, “active pumping parts located inside the casing 1A and comprising a fixed disk 5 comprising a spiral wall 6 and a mobile disk 7 also comprising a spiral wall 8 cooperating with that of the fixed disk. With their disk the two spiral walls 6 and 8 delimit a working volume 9”), and wherein the electric motor is connected to the displacement spiral by means of a motor shaft (12) (At least Cl. 2, ln. 50, “main rotary shaft 19 is rotated by an electric motor the rotor 25 of which is joined to the shaft 19 and the stator 26 of which is joined to the frame 1”), and the motor shaft is supported by a single shaft bearing (32) which is located between the electric motor and the displacement spiral (As shown in at least Figures 2 and 3 and as further discussed in at least Cl. 3, ln. 18 – 28, “main rotary shaft 19 is mounted cantilever fashion in a single prestressed bearing 32 with two rows of balls mounted in the part 1B of the body of the frame”), wherein the shaft bearing is fixed in a bearing plate (As shown in at least Figures 2 and 3; The radially extending portion of part 1B of the body frame is interpreted as forming a bearing plate as such component is arranged to receive the bearing of the shaft as shown and described in at least Cl. 3, ln. 18 – 28) which is located between the electric motor and the displacement spiral (As shown in at least Figures 1 – 3; The bearing plate being shown located to the left of the electric motor and to the right of the displacement spiral as in the orientation shown), wherein the bearing plate forms an inner housing in which the electric motor is located (As shown in at least Figures 1 – 3; The part 1B of the body frame is shown extending radially along the diameter of the motor such that the body frame forms a housing in which the electric motor is located such that the bearing plate formed by the body frame is broadly interpreted as forming an inner housing, the motor is shown located radially within the radial extension of the housing element 1B which forms the bearing plate; The bearing plate is also shown extending axially towards the housing element 1C such that an axial overlap is shown formed with at least the stator of the electric motor), and wherein the electric motor, the bearing plate, the displacement spiral and the counter spiral form a compression assembly (As shown in at least Figures 1 – 3 and as further described in at least Cl. 1, ln. 2, “the invention applies to scroll type machines operating as vacuum pumps but equally suitable for pumping liquids or for use as a compressor”), which is located in a housing (1A, 1B, 1C).
Regarding Claim 2: Barthod discloses the displacement machine according to claim 1; Barthod further discloses wherein the motor shaft on one side of the electric motor opposite the shaft bearing is self-supporting (As shown in at least Figures 2 and 3 and as further discussed in at least Cl. 3, ln. 18 – 28, “main rotary shaft 19 is mounted cantilever fashion in a single prestressed bearing 32 with two rows of balls mounted in the part 1B of the body of the frame”).
Regarding Claim 3: Barthod discloses the displacement machine according to claim 1; Barthod further discloses wherein the shaft bearing is formed as a two-row angular contact ball bearing (As shown in at least Figures 2 and 3 and as further discussed in at least Cl. 3, ln. 18 – 28, “main rotary shaft 19 is mounted cantilever fashion in a single prestressed bearing 32 with two rows of balls mounted in the part 1B of the body of the frame”) or as a pair of interconnected single-row angular contact ball bearings in an O-arrangement (The arrangement of Barthod could be broadly interepted as disclosing two single-rows of angular contact bearings as the optionally recited arrangement does not specifically claim that each arrangement of bearings is received in in an independent race).
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.
Claim(s) 1, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 6,027,317, “Barthod,” in view of US 2014/0271242, “Calhoun.”
Regarding Claim 1: Barthod discloses a displacement machine according to the spiral principle (Figures 1 – 3), in particular, a scroll compressor ([Abstract], “scroll type machine including a fixed disk (5) comprising a spiral working wall (6) and a mobile disk (7)”), comprising an electric motor (25, 26), an orbiting displacement spiral (7) and a counter spiral (5), the displacement spiral and the counter spiral engaging into one another in such a way that variable compression chambers are formed between the displacement spiral and the counter spiral in order to receive and compress a working medium flowing through a working medium circuit (Cl. 2, ln. 8, “active pumping parts located inside the casing 1A and comprising a fixed disk 5 comprising a spiral wall 6 and a mobile disk 7 also comprising a spiral wall 8 cooperating with that of the fixed disk. With their disk the two spiral walls 6 and 8 delimit a working volume 9”), and wherein the electric motor is connected to the displacement spiral by means of a motor shaft (12) (At least Cl. 2, ln. 50, “main rotary shaft 19 is rotated by an electric motor the rotor 25 of which is joined to the shaft 19 and the stator 26 of which is joined to the frame 1”), and the motor shaft is supported by a single shaft bearing (32) which is located between the electric motor and the displacement spiral (As shown in at least Figures 2 and 3 and as further discussed in at least Cl. 3, ln. 18 – 28, “main rotary shaft 19 is mounted cantilever fashion in a single prestressed bearing 32 with two rows of balls mounted in the part 1B of the body of the frame”), wherein the shaft bearing is fixed in a bearing plate (As shown in at least Figures 2 and 3; The radially extending portion of part 1B of the body frame is interpreted as forming a bearing plate as such component is arranged to receive the bearing of the shaft as shown and described in at least Cl. 3, ln. 18 – 28) which is located between the electric motor and the displacement spiral (As shown in at least Figures 1 – 3; The bearing plate being shown located to the left of the electric motor and to the right of the displacement spiral as in the orientation shown), wherein the bearing plate forms an inner housing in which the electric motor is located (As shown in at least Figures 1 – 3; The housing element 1B of the body frame is shown extending axially along the length of the motor such that the body frame forms a housing in which the electric motor is located such that the bearing plate formed by the body frame is broadly interpreted as forming an inner housing, it is noted that this overlap configuration is shown as being equivalent to that shown in Figure 1 of Applicant’s instant invention), and wherein the electric motor, the bearing plate, the displacement spiral and the counter spiral form a compression assembly (As shown in at least Figures 1 – 3 and as further described in at least Cl. 1, ln. 2, “the invention applies to scroll type machines operating as vacuum pumps but equally suitable for pumping liquids or for use as a compressor”); however, Barthod is silent as to wherein the compression elements are located in a housing (When Barthod is provided with an alternative interpretation over that used in the preceding rejection of claim 1, under 35 USC § 102, interpreting a portion of the structure 1B as forming both a bearing plate and a housing by providing a broadest reasonable interpretation).
Calhoun discloses a scroll type compressor (Figures 1A – 4) comprising a displacement spiral (230) and a counter spiral (221) forming the scroll (As discussed in at least [0034]), a motor (300) arranged to drive a shaft (242) of the displacement spiral, a bearing plate (210) arranged to housing a bearing (246) supporting the shaft between the motor and the displacement spiral (As shown in at least Figures 1A and 1B), the bearing plate and the motor casing extending to form an inner housing supporting the compression components (As shown in at least Figures 1A and 1B) and wherein the compression elements are located in a housing (100, 500) ([0032], “the present invention includes a sound muffling enclosure 100, a pump head 200, a pump motor 300, and a cooling fan 400 housed in the sound muffling enclosure 100”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Barthod to plate the recited compression components and inner housing into a housing, as taught by Calhoun, with the predicted results that such an arrangement will provide for a resilient mounting means and method of sound suppression for mounting the compression components therein (Calhoun, [0039] – [0041], “Because the sound muffling enclosure 100 constitutes the exterior of the scroll pump 1, these vibrations are not imparted to the exterior of the scroll pump or the support surface. Hence, the transmitted noise and vibration produced by the rotary components of the pump head/motor assembly 200/300 is substantially reduced.”). This rejection is provided as a parallel rejection to claim 1 wherein the housing elements of the claim are interpreted as comprising an inner housing and a housing in the alternative by providing a broadest reasonable interpretation in claim 1 under 35 USC § 102.
Regarding Claim 7: Barthod, in view of Calhoun, teaches the displacement machine according to claim 1; once combined, Calhoun further teaches wherein the compression assembly is vibration-decoupled from the housing (As shown in at least Figures 1A and 1B; [0039] – [0046], “the pump head/motor assembly 200/300 is supported by a vibration isolation system 500”).
Regarding Claim 8: Barthod, in view of Calhoun, teaches the displacement machine according to claim 1; once combined, Barthod further discloses wherein the housing comprises a housing floor (1C) to which an inverter housing can be connected or which forms part of an inverter housing (The housing is shown formed with a generally flat surface onto which an inverter or other components could be arranged, such that the structure is disclosed as an area which is capable of supporting other elements, it is noted that the claim does not explicitly require the presence of either an inverter or part of an inverter housing and the elements following the coordinating conjunction “or” are interpreted as being optionally recited by the claim), the housing floor being spaced away from the electric motor (As shown in at least Figures 1 – 3), in particular, being spaced away from a free end of the electric motor located opposite the shaft bearing (As shown in at least Figures 1 – 3; The housing floor portion 1C of the housing is shown arranged to the right of the free end of the motor such that it is arranged spaced away from the free end of the motor opposite that supported by the single bearing as shown).
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 6,027,317, “Barthod,” in view of US 2014/0271242, “Calhoun,” and US 2019/0203709, “Her.”
Regarding Claim 8: Barthod, in view of Calhoun, teaches the displacement machine according to claim 1; once combined, Barthod further discloses wherein the housing comprises a housing floor (1C), the housing floor being spaced away from the electric motor (As shown in at least Figures 1 – 3), in particular, being spaced away from a free end of the electric motor located opposite the shaft bearing (As shown in at least Figures 1 – 3; The housing floor portion 1C of the housing is shown arranged to the right of the free end of the motor such that it is arranged spaced away from the free end of the motor opposite that supported by the single bearing as shown); however, Barthod is silent as to wherein an inverter housing [is] connected or which forms part of an inverter housing. It is noted that the aforesaid features of claim 8 are presented following the coordinating conjunction “or,” and are interpreted as being optionally recited by the claim; however, the instant rejection is being provided in the alternative wherein the recited features are positively recited by the claim.
Her teaches a scroll compressor (Figures 1 – 13), similarly arranged to that of the compressor of Barthod and Calhoun, and further teaches wherein the compression elements are located in a housing (101, 120, 110, 112), a housing floor (112) arranged being spaced away from an electric motor (103) (As shown in at least Figure 2), wherein the housing floor is arranged such that an inverter housing (200, 210) [is] connected or which forms part of an inverter housing (As shown in at least Figure 2; [0067], “inverter module 200 is coupled to an outer surface of the sealing portion 112 and the compression mechanism unit 105 is coupled to the opening 113 to seal the suction space S1”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have arranged an inverter connected to the housing floor of Barthod, as taught by Her, with the predicted results that such an inverter will be capable of controlling the compressor such that the combined apparatus will be capable of operating the motor at variable speeds in a manner well known in the art (Her, [0005], [0059], [0062]).
Response to Arguments
Applicant's arguments filed 2026.07.23 have been fully considered but they are not persuasive.
Applicant argues on page 5 of their Remarks that Barthod fails to disclose “a bearing which is located between the electric motor and the displacement spiral,” and suggests that the presence of a portion of the bearing axially overlapping with a portion of the stator precludes the bearing of Barthod from being in the claimed position.
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However, it is noted that a broadest reasonable interpretation reads over the recited structure. As shown in a least Figure 2, the bearing 32 is shown arranged to the left of the rotor 25 and to the left of the majority of the stator 26. A region of axial overlap is shown existing between the bearing 32 and the stator 26; however, such an overlap does not preclude a reasonable interpretation of the bearing’s location being between the motor and the displacement spiral. It is further noted that the claim is not directed towards all structural elements of the motor, such that the motor may be more narrowly interpreted as reading over only the rotor, and that the interpretation argues in Applicant’s Remarks is directed towards a more narrow interpretation in which there is no axial overlap between the elements, such an interpretation is not supported by the recited claim language. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., no axial overlap being present between the bearing and the stator) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant arguers on page 5 of their Remarks that Barthod fails to explicitly disclose “an inner housing formed by the bearing plate, with an electric motor located in the inner housing [and] a compression assembly, located in a housing.”
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However, as discussed in the aforesaid rejection of claim 1 over Barthod, under 35 USC § 102, the bearing plate of Barthod is shown extending in the radial direction such that it is shown forming a portion of a housing in which the motor is shown located radially within. The bearing plate also forms an axial end structure in which the motor is located. The claim does not recite specific details or structure forming either of the recited inner housing or housing, which would read over the indicated structure of Barthod, such that the broadest reasonable interpretation of the structure of Barthod reads over the recited claim. It is further noted that the claim is not directed towards all structural elements of the motor, such that the motor may be more narrowly interpreted as reading over only the rotor, only the stator, or only a portion of either recited elements, and that the interpretation argues in Applicant’s Remarks is directed towards a more narrow interpretation in which every element of the motor is radially and/or axially surrounded by the bearing plate (of which each interpretation may not be fully supported by the originally filed drawings); however, such an interpretation is not supported by the recited claim language. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a portion of the rotor being located within the axially extending portion of the bearing plate) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues on page 6 of their Remarks that “Calhoun does not remedy the deficiencies of Barthod [and that] Calhoun does not disclose a single bearing.” However, the rejection of claim 1 over Barthod, in view of Calhoun, does not rely upon Calhoun for a teaching of a single bearing or of a Bearing plate forming an inner housing. Rather, Calhoun is used as a teaching reference for the application of a second, outer housing, forming a sound attenuation enclosure as discussed in the aforesaid rejection of claim 1 under Barthod, in view of Calhoun. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL. 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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/BENJAMIN DOYLE/Examiner, Art Unit 3746 2026.08.08
/MARK A LAURENZI/Supervisory Patent Examiner, Art Unit 3746 8/11/2026
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