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 without traverse of Species A in the reply filed on May 26th, 2026 is acknowledged.
Claims 5 & 7-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 26th, 2026. Applicant’s response included Claim 10 in the election, but Claim 10 depends from withdrawn Claim 8. As such, Claim 10 is likewise withdrawn from consideration.
Claims 1-4 & 6 will be examined herein.
Claim Objections
Claims 1- 4 & 6 are objected to because of the following informalities:
Claim 1, line 1 should read “A compressor,
Claim 2-4 & 6 each recite “characterized in that”; all of these instances should instead read “wherein”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "the second through-hole" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4, line 2 recites the phase “in the case that” to define the second through-hole. This phrase renders the claim scope indefinite because it is not made clear whether the limitations construed with this phrase are 1) actually required features of the invention or 2) merely optional features. As such, the metes and bounds of the claim scope cannot be determined. For examination purposes herein, the examiner has applied the second interpretation, and thus, Claim 4 is interpreted as merely requiring the second through-hole to be at least sometimes in communication with the third through-hole.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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) 1-4 & 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR1020140114212 to Kim (attached herein with machine translation).
In regards to independent Claim 1, and with particular reference to Figures 3-9 & 12, Kim discloses:
1. A compressor (100; Fig. 3), characterized by comprising a floating seal plate (150, 160; “back pressure chamber assembly”; para. 49), an orbiting scroll (130) and a fixed scroll (140); the compressor further comprises at least one of a check valve assembly (hereinafter Option A) and a bypass valve assembly (hereinafter Option B) (as written, the claim language requires only one of Option A and Option B; in this instance, Kim teaches Option B by disclosing a bypass valve assembly 220 as shown in Fig. 12; as such, further limitations directed to Option A are purely optional features that are not further limiting); the check valve assembly comprises a check valve and a check valve holder (optional limitation; not further limiting), the bypass valve assembly comprises bypass valves (i.e. two bypass valves 220 corresponding to the two bypass holes 149; see also para. 46; “bypass holes (149) are formed on each side of the discharge port (145)”) and a bypass valve holder (152; Fig. 12), and at least one of the check valve holder and the bypass valve holder is fixedly connected to the floating seal plate (apparent in Fig. 12); a first through-hole (145) is formed in the fixed scroll (Fig. 4), a discharge buffer chamber is enclosed by the floating seal plate and the fixed scroll (158b and “the space defined by the step portion (158e)”; para. 55; see Fig. 4), and the check valve is disposed in the discharge buffer chamber and is movable between a first position and a second position (optional limitation; not further limiting); the check valve is separated from a thrust surface of the check valve holder and closes the first through-hole when the check valve is in the first position (optional limitation; not further limiting), and the check valve is in abutment with the thrust surface of the check valve holder and is separated from the first through-hole when the check valve is in the second position (optional limitation; not further limiting); bypass passages (149, 161) are formed in the fixed scroll (Figs. 9 & 12 show that at least portion 149 of the bypass passages is formed in the fixed scroll; “bypass holes (149) are formed on each side of the discharge port (145)”; para. 46), the discharge buffer chamber is in communication with the bypass passages (apparent in Fig. 12, at least when bypass valve 220 is open), and the bypass valves are disposed in the bypass passages (Fig. 12; within portion 161) and are movable with respect to the bypass valve holder between a third position (i.e. open; para. 80; “moves upward”) and a fourth position (i.e. closed; para. 79; “coil spring (226) that presses the valve body (224) downward when no external force is applied”); the bypass valves open the bypass passages when the bypass valves are in the third position, and the bypass valves close the bypass passages when the bypass valves are in the fourth position (paras. 79-81).
In regards to Claim 2, this claim recites features directed specifically to Option A (as noted above), and as such, Claim 2 recites only optional limitations that are not further limiting.
In regards to Claim 3, this claim recites features directed specifically to Option A (as noted above), and as such, Claim 3 recites only optional limitations that are not further limiting.
In regards to Claim 4, this claim recites features directed specifically to Option A (as noted above), and as such, Claim 4 recites only optional limitations that are not further limiting.
In regards to Claim 6, the bypass valves (220) are piston valves (222, 224; apparent in Fig. 12), the bypass valve holder comprises bypass valve guide chambers (152a; Fig. 12), first ends (i.e. upper ends) of the piston valves are inserted into the bypass valve guide chambers (Fig. 12), and second ends (i.e. lower ends) of the piston valves are located in the bypass passages (Fig. 12) and are movable between the third position and the fourth position (paras. 79-81).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see also KR 10-0631544 and KR 10-1839886, each of which disclose scroll compressors having at least one of a check valve assembly and a bypass valve assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER BRYANT COMLEY whose telephone number is (571)270-3772. The examiner can normally be reached Monday-Friday 9AM-6PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached at 571-270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER B COMLEY/Primary Examiner, Art Unit 3746
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