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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because since it exceeds 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Election/Restrictions
Applicant’s election without traverse of Species I (Figure 7) directed to claims 1-30 in the reply filed on 6/8/2026 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 2, 5, 17, 22-28 and 30 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 2 recites the limitation "the outlet chamber" in multiple lines. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the outlet chamber" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the through openings" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the inlet chamber" in multiple lines. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the outlet chamber" in line 10. There is insufficient antecedent basis for this limitation in the claim.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 18 recites the broad recitation “the mechanical performance control unit is arranged on the at least one cylinder head,” and the claim also recites “in particular wherein the mechanical performance control unit is at least partly integrated into the at least one cylinder head” which is the narrower statement of the range/limitation. In the present instance, claim 19 recites the broad recitation “the mechanical performance control unit connects an outlet chamber in the cylinder head to an inlet chamber in the cylinder head by way of a controllable connection channel,” and the claim also recites “in particular wherein the connection channel is arranged integrated into the cylinder head” which is the narrower statement of the range/limitation.In the present instance, claim 22 recites the broad recitation “wherein the mechanical performance control unit has a closing piston for the purpose of closing the connection channel,” and the claim also recites “in particular wherein, for the purpose of closing the connection channel, the closing piston is settable on a sealing seat that runs in a manner surrounding the connection channel, in particular wherein a sealing region of the closing piston is made from a metal with lower hardness than a metal from which the sealing seat is made, or vice versa, in particular wherein the sealing seat is arranged in a wall portion of the cylinder head that separates the inlet chamber from the outlet chamber, in particular wherein the sealing seat is arranged in a wall portion running above the valve plate and above the inlet chamber, in particular wherein the sealing seat is arranged on an opposite side of the inlet chamber to the valve plate.” which is the narrower statement of the range/limitation.The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 22 mentions “a wall portion” twice wherein it is unclear if both instances refer to the same wall portion or if they are different.
Claim 23 discloses “a cylinder head” wherein it is unclear if this is the same cylinder head mentioned in parent claim 1 or if it is a different cylinder head. For the purposes of examination they will be assumed to be the same.
Claim 24 recites the limitation "the respective mechanical performance unit" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 mentions “a mechanical performance control unit” wherein it is unclear if this is the same mechanical performance control unit mentioned in parent claim 1 or if it is different.
Claim 26 mentions “a mechanical performance control unit” wherein it is unclear if this is the same mechanical performance control unit mentioned in parent claim 1 or if it is different.
Claim 30 recites the limitation " the at least one performance control unit" in the 2nd line. There is insufficient antecedent basis for this limitation in the claim.
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) 1-8 and 18-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grosse-Kracht et al. (herein Grosse-Kracht) (US 2019/0234392) in view of Park et al. (herein Park) (US 2011/0139273).Regarding Claim 1:In Figures 1-8, Grosse-Kracht discloses a refrigerant compressor (see paragraph [0092]), comprising a reciprocating piston compressor (12) and an electric motor (14), an overall housing (10) having a motor housing portion (24) for the electric motor (14) and a compressor housing portion (22) for the reciprocating piston compressor (12), a suction connector (232) connected to a low-pressure side of the reciprocating piston compressor (12), and a pressure connector (216) connected to a high-pressure side of the reciprocating piston compressor (12), wherein provided in the compressor housing portion (22) is at least one cylinder (82, 84) of the reciprocating piston compressor (12), which has a piston (66, 68) that is movable in a cylinder bore (72, 74) formed in the compressor housing portion (22), and a valve plate (88) closing the cylinder bore (72, 74), and a cylinder head (92) that spans the valve plate (88) and forms part of the compressor housing portion (22), wherein a mechanical performance control unit (142) is provided by which the low-pressure side and the high-pressure side are connectable to one another for the purpose of reducing performance (see paragraphs [0020] and [0105]), and in that provided in the region of the cylinder head (92) is a nonreturn valve (115) and that allows a refrigerant stream exiting therefrom on the high-pressure side and blocks a refrigerant stream counter to this exiting refrigerant stream (see paragraph [0102]).Grosse-Kracht fails to disclose a nonreturn valve that is held against the cylinder head.However, in Figures 1-4, Park discloses a similar compressor comprising a nonreturn valve (100) that is held against a cylinder head (10, 18) and that allows a refrigerant stream exiting therefrom on the high-pressure side and blocks a refrigerant stream counter to this exiting refrigerant stream (see paragraph [0036]). Hence, based on Park’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 modified Gross-Kracht’s cylinder head to incorporate a nonreturn valve of the type taught by Park (downstream of the outlet valve 115), in order to allow for easy access to the nonreturn valve from the outside for simpler maintenance and providing a specific pressure for opening the valve to the outlet (see Park’s paragraph [0059]). Regarding Claim 2:Grosse-Kracht as modified by Park discloses the compressor, wherein Park’s nonreturn valve (100) is arranged downstream of the outlet chamber (96) and would prevent backflow of refrigerant downstream of the nonreturn valve (100) on the high-pressure side into the outlet chamber (96).Regarding Claim 3:Grosse-Kracht as modified by Park discloses the compressor, wherein the nonreturn valve (100) is arranged on the cylinder head (92) at a spacing from the valve plate (as modified Park’s valve 100 would be arranged on the exterior of the cylinder head and would be spaced away from the valve plate).Regarding Claim 4:Grosse-Kracht as modified by Park discloses the compressor, wherein the nonreturn valve (220) is arranged at a region of the cylinder head (92) remote from the valve plate (as modified Park’s valve 100 would be arranged at an exterior region of the cylinder head remote from the valve plate).Regarding Claim 5:Grosse-Kracht as modified by Park discloses the compressor, wherein the nonreturn valve (100) is arranged in the region of a transition from the outlet chamber (96) into an outlet refrigerant path (as taught by Park the valve would be at a transition to an outlet from an outlet chamber).Regarding Claim 6:Grosse-Kracht as modified by Park discloses the compressor, wherein the nonreturn valve (100) is arranged and fixed in a receptacle (110, see Park’s figure 2) that is arranged on the cylinder head (as seen in Park’s Figure 1 which would be similarly implement in Grosse-Kracht’s compressor as explained above).Regarding Claim 7:Grosse-Kracht as modified by Park fails to disclose that the receptacle (110) is integrally formed on the cylinder head (92).However, it has been "that the use of a one piece construction instead of the structure disclosed in the prior art would be merely a matter of obvious engineering choice." In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965); Howard v. Detroit Stove Works, 150 U.S. 164 (1893). Hence, it is obvious that the receptacle (110) could be integrally formed on the cylinder head (92) since doing so would be an obvious design choice.Regarding Claim 8:Grosse-Kracht as modified by Park discloses the compressor, wherein the nonreturn valve (100) is arranged sealed tight to the receptacle (as seen in Park’s Figures 3-5, the valve element 140 is sealed with an O-ring to the receptacle 110).Regarding Claim 18:Grosse-Kracht as modified by Park discloses the compressor, wherein the mechanical performance control unit (142) is arranged on the at least one cylinder head (92), in particular wherein the mechanical performance control unit is at least partly integrated into the at least one cylinder head (as seen in Figures 4 and 7).Regarding Claim 19:Grosse-Kracht as modified by Park discloses the compressor, wherein, for the purpose of reducing performance, the mechanical performance control unit (142) connects an outlet chamber (96) in the cylinder head (92) to an inlet chamber (94) in the cylinder head (92) by way of a controllable connection channel (144, see paragraph [0105]), in particular wherein the connection channel (144) is arranged integrated into the cylinder head (as seen in Figure 7, the connection channel 144 is integrated into element 124 of the cylinder head 92).Regarding Claim 20:Grosse-Kracht as modified by Park discloses the compressor, wherein an outlet chamber (96) in the cylinder head (92) is arranged directly adjoining at least one outlet opening (114) for the respective cylinder in the valve plate (as seen in Figure 7).Regarding Claim 21:Grosse-Kracht as modified by Park discloses the compressor, wherein an inlet chamber (94) in the cylinder head (92) is arranged directly adjoining an inlet opening (206) for the respective cylinder of the valve plate (as seen in Figure 7).Regarding Claim 22:Grosse-Kracht as modified by Park discloses the compressor, wherein the mechanical performance control unit (142) has a closing piston (152) for the purpose of closing the connection channel (144), in particular wherein, for the purpose of closing the connection channel (144), the closing piston is settable on a sealing seat (148) that runs in a manner surrounding the connection channel (see paragraph [0107] and Figure 7), in particular wherein a sealing region (154) of the closing piston (152) is made from a metal with lower hardness than a metal from which the sealing seat (148) is made (see paragraph [0109]), or vice versa, in particular wherein the sealing seat (148) is arranged in a wall portion (124) of the cylinder head that separates the inlet chamber (94) from the outlet chamber (96, as seen in Figure 7), in particular wherein the sealing seat (148) is arranged in a wall portion (124) running above the valve plate (88) and above the inlet chamber (as seen in Figure 7), in particular wherein the sealing seat (148) is arranged on an opposite side of the inlet chamber (94) to the valve plate (as seen in Figure 7).Regarding Claim 23:Grosse-Kracht as modified by Park discloses the compressor, wherein a cylinder head (92) has an inlet chamber (94) and an outlet chamber (96) for a cylinder bank (861) that comprises at least two cylinders (821 and 841, see paragraph [0097]).Regarding Claim 24:Grosse-Kracht as modified by Park discloses the compressor, wherein the respective mechanical performance control unit (142) is associated with a cylinder bank (1421 is associated with 861 as seen in Figure 4).Regarding Claim 25:Grosse-Kracht as modified by Park discloses the compressor, wherein, in the case of the refrigerant compressor having N cylinder banks, a mechanical performance control unit is associated with at least N-1 cylinder banks (see Grosse-Kracht’s claim 25).Regarding Claim 26:Grosse-Kracht as modified by Park discloses the compressor, wherein a mechanical performance control unit (1421 and 1422) is associated with each cylinder bank (861 and 862, as seen in Figure 4).Regarding Claim 27:Grosse-Kracht as modified by Park discloses the compressor, wherein the closing piston (152) is urged by a pressure spring (166) in the direction of the position in which it cooperates with the sealing seat (see paragraph [0113]).Regarding Claim 28:Grosse-Kracht as modified by Park discloses the compressor, wherein the closing piston (152) is actuable by a pressure chamber (162) which, depending on the external control (via solenoid valve 182) of the performance control unit (142), is configured to be acted upon either by negative pressure (suction pressure) or by high pressure (see paragraphs [0116]-[0119]).Regarding Claim 29:Grosse-Kracht as modified by Park discloses the compressor, wherein a control unit (182) comprised within the performance control unit (142) is provided, by which the action of pressure upon the closing piston is controllable (see paragraphs [0116]-[0117]).Regarding Claim 30:Grosse-Kracht as modified by Park discloses the compressor, wherein there is provided a performance controller (138) that controls the at least one performance control unit in accordance with a demanded compressor conveying performance.
Claim(s) 1 and 9-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grosse-Kracht et al. (herein Grosse-Kracht) (US 2019/0234392) in view of Elson (US 2014/0003986). Regarding Claim 1:In Figures 1-8, Grosse-Kracht discloses a refrigerant compressor (see paragraph [0092]), comprising a reciprocating piston compressor (12) and an electric motor (14), an overall housing (10) having a motor housing portion (24) for the electric motor (14) and a compressor housing portion (22) for the reciprocating piston compressor (12), a suction connector (232) connected to a low-pressure side of the reciprocating piston compressor (12), and a pressure connector (216) connected to a high-pressure side of the reciprocating piston compressor (12), wherein provided in the compressor housing portion (22) is at least one cylinder (82, 84) of the reciprocating piston compressor (12), which has a piston (66, 68) that is movable in a cylinder bore (72, 74) formed in the compressor housing portion (22), and a valve plate (88) closing the cylinder bore (72, 74), and a cylinder head (92) that spans the valve plate (88) and forms part of the compressor housing portion (22), wherein a mechanical performance control unit (142) is provided by which the low-pressure side and the high-pressure side are connectable to one another for the purpose of reducing performance (see paragraphs [0020] and [0105]), and in that provided in the region of the cylinder head (92) is a nonreturn valve (115) and that allows a refrigerant stream exiting therefrom on the high-pressure side and blocks a refrigerant stream counter to this exiting refrigerant stream (see paragraph [0102]).Grosse-Kracht fails to disclose a nonreturn valve that is held against the cylinder head.
However, in Figures 1-6, Elson discloses a piston compressor (10) with a nonreturn valve (discharge valve assembly 16) that is held against a cylinder head (held against cylinder head 54 via 40, 42, see Figure 5). Hence, based on Elson’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 modified Gross-Kracht’s cylinder head to incorporate a nonreturn valve of the type taught by Elson (for instance by replacing outlet valve 115 with the associated valve structure of Elson to be integrated with a nut 56 (as shown in Elson’s Figure 3) to attach to Gross-Kracht’s cylinder head and by modifying the existing valve plate to be shaped like Elson’s valve body 32 to accept the reed valve 46), in order to easily assemble or disassembly the nonreturn valve from the cylinder head by using a nut for attachment. Regarding Claim 9:Grosse-Kracht as modified by Elson discloses the compressor, wherein the nonreturn valve (Elson’s valve) has a valve body (32, see Elson’s Figure 3) with at least one through opening (opening at 126, see Elson’s Figure 3) in it, and wherein the through opening (126) is closable by a reed valve (46) that is movable in relation to the valve body (as seen in Elson’s Figures 5-6).Regarding Claim 10:Grosse-Kracht as modified by Elson discloses the compressor, wherein the reed valve (46) is resiliently urged in the direction of a flow-blocking position (resiliently urged to a flow-blocking position by spring washers 48, see Elson’s paragraph [0033]) in which the reed valve (46) abuts against a sealing face (90) of the valve body (as seen in Elson’s Figure 5).Regarding Claim 11:Grosse-Kracht as modified by Elson discloses the compressor, wherein the reed valve (46) is guided such that it is movable in relation to the valve body (guided via guide members 40, 42, see Elson’s Figures 5-6).Regarding Claim 12:Grosse-Kracht as modified by Elson discloses the compressor, wherein the reed valve (46) as a whole is at a spacing from the valve body (32) in a cleared-for-flow position (as seen in Elson’s Figure 6).Regarding Claim 13:Grosse-Kracht as modified by Elson discloses the compressor, wherein the nonreturn valve has a capturing body (42, see Elson’s Figure 3) for the reed valve (46), which positions the reed valve in its cleared-for-flow position (as seen in Elson’s Figure 6, in the cleared-for-flow position, the capturing body 42 position’s the reed valve 46).Regarding Claim 14:Grosse-Kracht as modified by Elson discloses the compressor, wherein the valve body (46) takes the form of an annular body (as seen in Elson’s Figure 3).Regarding Claim 15:Grosse-Kracht as modified by Elson discloses the compressor, wherein the valve body (32) has at least one through opening (opening at 126, see Elson’s Figure 3) which is arranged in an annular region around a center axis (as seen in Elson’s Figure 3 the opening 126 would be arranged at the middle of an annular region and would be around a central axis passing through the center of the valve body 32).Regarding Claim 16:Grosse-Kracht as modified by Elson discloses the compressor, wherein the reed valve (46) takes the form of an annular body (as seen in Elson’s Figure 3).Regarding Claim 17:Grosse-Kracht as modified by Elson discloses the compressor, in the cleared-for-flow position (shown in Elson’s Figure 6) of the reed valve (46), refrigerant flowing through the through openings (through 126 in 32 wherein this through opening corresponds to each discharge opening in each of Gross-Kracht’s cylinder heads) flows around the reed valve (46) both in the region of its internal edge (as depicted by the inner flow arrows inside the inner edge of the reed valve 46 in Elson’s Figure 6) and also in the region of its external edge (as depicted by the outer flow arrows outside the outer edge of the reed valve in Elson’s Figure 6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20060218959 – Refrigerant compressor with capacity control. US 5562431 – Compressor with discharge reed valve
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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/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746
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