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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “dual breather valve” (claim 23) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Election/Restrictions
Applicant’s election without traverse of Group III (claims 14-20 and new claims 21-23) in the reply filed on 7/27/2026 is acknowledged.
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 16 and 23 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.
Claim 16 recites the phrase “Roots-type compressor”, wherein the addition of the word "type" to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955). Likewise, the phrase "ZSM-5-type aluminosilicate zeolites" was held to be indefinite because it was unclear what "type" was intended to convey. The interpretation was made more difficult by the fact that the zeolites defined in the dependent claims were not within the genus of the type of zeolites defined in the independent claim. Ex parte Attig, 7 USPQ2d 1092 (Bd. Pat. App. & Inter. 1986). See MPEP 2173.05 (b) III. E.
Claim 23 discloses a dual breather valve wherein this phrase is not defined clearly in the specification and so it is unclear what exactly constitutes a dual breather valve. For the purposes of examination, any breather valve with two or more fluid pathways/ports will be treated as a dual breather valve.
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) 14, 16 and 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okada et al. (herein Okada) (US 2005/0084404). Regarding Claim 14:In Figures 1-3, Okada discloses a compressor (gas compression apparatus, see paragraph [0012]) comprising: a) a housing assembly (7) having a first opening (35) and a second opening (36) in fluid communication with an internal cavity (10); b) a pair of rotors (1, 2) arranged within the internal cavity (see Figure 1), each of the rotors of the pair having a plurality of lobes (in Figure 1 the rotors are embodied as screw type but in paragraph [0090] Okada discloses that the compressor can be Roots type which is known to have rotors with lobes); c) a pair of shafts (14 ,20) supporting the pair of rotors (see paragraphs [0047] and [0050]); d) a pair of seal assemblies (18, 19; 23, 24) providing a seal between the pair of shafts and the housing assembly (see paragraphs [0048]-[0052]), each of the pair of seal assemblies including a first seal member (18, 23) and a spaced apart second seal member (19, 24), wherein the housing assembly defines a passageway (passageway between 10a to 41a to 41 to 42) extending from a space (10a) defined between the first seal member (18, 23) and the second seal member (19, 24) to an exterior of the housing assembly (as explained in paragraph [0069]-[0076], the space 10a is communicated with the space 41a via minuscule gaps in the seals 18 and 23. This space 41a can be communicated to the exterior of the housing assembly though passageway 41, 42 via valve 43); and e) a breather valve (on-off valve 43 with valve body 44) in fluid communication with the passageway, the breather valve opening at a predetermined fluid pressure (as mentioned in paragraph [0072]: “when the pressure acting on the valve body 44 becomes about 1.5 atm the valve body 44 moves downward due to the weight thereof to open the low pressure lead hole 42. As a result, the pressure of the lubricant space 9 is released to outside the casing 4 through the blow-down lead hole 41 and the low pressure lead hole 42, so that the pressure of the lubricant space 9 becomes substantially equal to the atmospheric pressure.”).Regarding Claim 16:In Figures 1-3, Okada discloses the compressor, wherein the compressor is a Roots-type compressor (in paragraph [0090] Okada discloses that the compressor can be Roots type).Regarding Claim 21:In Figures 1-3, Okada discloses the compressor, wherein one of the first seal member and the second seal member comprises an outlet structure (as explained in paragraph [0069]-[0076], the space 10a is communicated with the space 41a via minuscule gaps in the seals 18 and 23, wherein these minuscule gaps form the outlet structure).Regarding Claim 22:In Figures 1-3, Okada discloses the compressor, wherein the breather valve is mounted through an opening (45) in the housing assembly (7, see paragraph [0057]) and extends in the passageway (extends in the passageway between 10a to 41a to 41 to 42, as seen in Figure 1).Regarding Claim 23:In Figures 1-3, Okada discloses the compressor, wherein the breather valve (43) is a dual breather valve (as seen in Figure 3, Okada’s valve body 44 comprises multiple grooves 44c wherein these grooves form multiple ports for fluid flow indicating that the valve forms at least a dual breather).NOTE: There is no clear definition of what forms a dual breather valve in the original specification and so it is being broadly interpreted as a valve with two or more breather pathways.
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (herein Okada) (US 2005/0084404) in view of Canepa et al. (herein Canepa) (US 2004/0048131). Regarding Claim 15:Okada is silent regarding whether the second seal member (19, 24) has wiper seals.However, it is extremely well known in the art that shaft seals for rotary compressors can be wiper seals. For instance, in Figure 2 and paragraph [0023], Canepa discloses a screw compressor wherein a shaft seal (44) is an oil wiper seal. These seals are known to be reliable oil seals with flexible construction that is safe for the shaft.Hence, based on common knowledge in the art and the teachings of Canepa, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have replaced Okada’s existing second seal member (19, 24) with wiper seals, since doing so would provide reliable flexible oil seals that would flexibly contact the shaft and prevent contact damage to the shaft.
Claim(s) 17-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (herein Okada) (US 2005/0084404) in view of Huang et al. (herein Huang) (US 2011/0300014).
Regarding Claims 17-18 and 20:Okada fails to disclose a sound attenuation assembly. However, in Figures 7A-8, Huang discloses a rotary lobe blower/pump (10) with a sound attenuation assembly (28, 43, 51) at least partially surrounding an outer perimeter of a housing assembly (partially surrounds the housing assembly 20 as seen in Figure 7B), the sound attenuation assembly including a sound attenuating layer (dampening means 43, see paragraph [0052]) (per claim 17); the housing assembly (20) and the sound attenuating layer (43) are separated by an interstitial gap (gap formed by 51, see Figure 7B) (per claim 18); wherein the sound attenuating layer includes a plurality of separate parts (as seen in Figure 7B, the sound attenuating layer comprises at least two perforated plates on either side of a sound attenuating material 43, also mentioned in claim 5) (per claim 20). As mentioned in paragraph [0052]: “The pressure waves traveling into the transfer chamber 37 (now becoming compression chamber 39) compress the trapped air inside, but at the same time, the accompanying expansion waves and a small portion of reflected pressure waves or shock waves enter the pulsation trap chamber 51, and therein are being attenuated by dampening means 43.” Hence Huang’s sound attenuation assembly (28, 43, 51) surrounding the housing (20) is capable of attenuating sound as well as dampening pulsations. Therefore, based on Huang’s teachings, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have incorporated a sound attenuation assembly (of the type taught by Huang) to at least partially surround Okada’s housing assembly (7) in the manner taught by Huang, thereby providing an assembly that would dampen sounds and pressure wave pulsations.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (herein Okada) (US 2005/0084404) in view of Huang et al. (herein Huang) (US 2011/0300014) and as evidenced by Paul Huang et al. (herein Paul) (US 20090142212).
Okada as modified by Huang is silent regarding whether the sound attenuating layer is a foam material. It is noted that Huang states that the sound attenuating layer can comprise acoustical absorption materials (see Huang’s claim 5).However, it is well known in the art that sound attenuating layers often comprise foam used as an acoustical absorption material. For instance, in Figure 1, Paul discloses a sound attenuation assembly (50) for a rotary lobe blower (10) comprising a sound absorbent layer (54) that can be formed from a urethane foam material (see Paul’s claim 3). Hence, based on common knowledge in the art and Paul’s evidence, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to make the sound attenuating layer from a foam material (as evidenced by Paul), since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20080240965 – Rotor shaft sealing method for a rotary compressorUS 20220372982 - Rotary lobe compressor with shaft seals.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINICK L PLAKKOOTTAM whose telephone number is (571)270-7571. The examiner can normally be reached Monday - Friday 12 pm -8 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746
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