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 .
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.
Claims 1, 2, 5, 7 – 9, 12, 14, 15, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin (US 11,802,574).
With respect to claims 1, 8 and 15, Shin teaches a jacket (Fig.2, Item 100) for use with a compressor (Figs.2 and 3, Item 1) of a heat transfer system (Col.1, Lines 13 – 16), the compressor being configured to operate and emit sound over a frequency band during operation, the jacket comprising an inner wall (Fig.7) configured to surround the compressor, the inner wall comprising a first material (Fig.7, Item 1001) and having a plurality of openings (Fig.7, Items 1001h) configured to attenuate a first volume of a first frequency within the frequency band of the sound (Col.11, Lines 6 – 29); a middle layer (Fig.7, Item 1002) surrounding the inner wall, the middle layer comprising a second material configured to attenuate a second volume of a second frequency within the frequency band of the sound (Col.11, Lines 43 – 54); and an outer layer (Fig.7, Item 1003) surrounding the middle layer.
Regarding claims 8 and 15, the Examiner has given little patentable weight to the way in which the compressor is going to be used because it has been held that 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 satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d - 164 7 (1987).
With respect to claims 2 and 9, Shin teaches wherein the first material is different from the second material (Col.11, Lines 43 – 54).
With respect to claims 5, 12 and 18, Shin teaches further comprising a bottom (Fig.6, Item 130) having an opening configured to receive the compressor (Fig.6, Item 1) when the jacket is disposed thereon; and a pad (Fig.6, Item 150) disposed on the bottom and configured to fit around the opening.
With respect to claims 7, 14 and 20, Shin teaches wherein the outer layer comprises a third material, and the first material, the second material, and the third material are configured to attenuate a third volume of a second frequency band within the frequency band of the sound (Fig.7, Col.11, Lines 6 – 54).
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 3, 4, 6, 10, 11, 13, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Shin (US 11,802,574) in view of Negoro et al. (JP 2013053815).
With respect to claims 3, 4, 10, 11, 16 and 17, Shin teaches the limitations already discussed in a previous rejection, but fails to particularly disclose wherein the first material comprises a plastic material comprising thermoplastic polyurethane, polyethylene terephthalate, acrylonitrile butadiene styrene, thermoplastic elastomers, and combinations thereof or wherein the second material comprises glass wool fiber.
On the other hand, Negoro teaches a jacket (Fig.1, Item 10) for a compressor (Fig.1, Item 1) comprising a first material (Fig.1, Item 14) comprises a plastic material comprising thermoplastic polyurethane, polyethylene terephthalate, acrylonitrile butadiene styrene, thermoplastic elastomers, and combinations thereof (Specification: Description-of-Embodiments ¶ [0008]) and wherein a second material (Fig.1, Item 11) comprises glass wool fiber (Specification: Description-of-Embodiments ¶ [0007]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the Negoro et al. materials with the Shin design because the materials structural profile would provide a superior sound absorbing characteristic. Furthermore, 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.
With respect to claims 6, 13 and 19, Negoro et al. teach wherein the inner wall (Fig.1, Item 11) surrounds a first volume of space and a second volume of space, the first volume of space is configured so as to accommodate the compressor (Fig.1, Item 1), the second volume of space is configured so as to accommodate an accumulator (Fig.1, Item 2) of the heat transfer system, and the first volume is greater than the second volume (Fig.1).
Conclusion
The attached hereto PTO Form 892 lists prior art made of record that the Examiner considered it pertinent to applicant's disclosure.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDGARDO SAN MARTIN whose telephone number is (571)272-2074. The examiner can normally be reached on 9:00 - 5:00 M - F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shawki S. Ismail can be reached on 571-272-3985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Edgardo San Martin/
Edgardo San Martín
Primary Examiner
Art Unit 2837
September 12, 2026
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