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
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) 1-9, 11-13, 15-17, 19-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0158710 to Umemura et al. (Umemura).
In Reference to Claim 1
Umemura discloses:
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A device for controlling a fluid mass flow for a device for compressing a gaseous fluid from a low-pressure level to a high-pressure level, see paragraph [0033], the device comprising:
a housing 72 with fluid connections (71A, 71B, 75D) acted upon at different pressure levels (PS, Pb, Pd);
and a closure element 76A arranged within the housing so as to be movable in translation along a longitudinal axis A and having effective surfaces associated with the fluid connections,
wherein the closure element controls a flow cross section (at 74B) of a flow path extending between a first one of the fluid connections and a second one of the fluid connections, wherein the housing has a receiving opening for receiving the closure element,
and the closure element is formed from a primary segment 76A and a secondary segment 76B in at least two pieces, wherein the primary segment and the secondary segment of the closure element are each guided inside the receiving opening (74C, 74A) of the housing and are each arranged completely surrounded by the housing.
In Reference to Claim 2
Umemura, see fig.3 discloses:
wherein the primary segment 76A of the closure element is sealed to the housing via at least one first sealing element 78A and the secondary segment 76B of the closure element is sealed to the housing via at least one second sealing element 78B in a fluid-tight and pressure-tight manner.
In Reference to Claim 3
Umemura, see fig.3 discloses:
wherein the housing is formed in at least two parts (11, 73) from a first housing element and a second housing element, wherein the primary segment 76A of the closure element is arranged guided within the first housing element 11 and the secondary segment 76B of the closure element is arranged guided within the second housing element 73.
In Reference to Claim 4
Umemura, see fig.3 discloses:
wherein the closure element is formed to be cylindrical, see paragraph [0040].
In Reference to Claim 5
Umemura, see fig.3 discloses:
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wherein the primary segment of the closure element is formed with a primary segment diameter D and the secondary segment C of the closure element is formed with at least two sections with respective different outer diameters.”
In Reference to Claim 6
Umemura, see fig.3 discloses:
The primary segment 76A and the secondary segment 76B of the closure element ach have an axis of symmetry which are arranged on the longitudinal axis A or parallel and spaced apart from one another and parallel to the longitudinal axis.
In Reference to Claim 7
Umemura, see fig.3 discloses:
wherein the closure element forms a sealing seat 76 on a first end face with the housing 72.
In Reference to Claim 8
Umemura, see fig.3 discloses:
wherein the primary segment 76A of the closure element is aligned with a second end face 76c, distal to the first end face, pointing towards a first end face of the secondary segment of the closure element, see Fig.3.
In Reference to Claim 9
Umemura, see fig.3 discloses:
wherein a volume 74, which is delimited by the housing and the closure element 76A with an annular effective surface 74D with a first outer diameter of the closure element, and the primary segment diameter of the closure element, as an inner diameter, is acted upon by the fluid at the low pressure level and is formed to be connected to a third one of the fluid connections 71A of the housing 72, see paragraph [0037].
In Reference to Claim 11
Umemura, see fig.3 discloses:
wherein a volume 74 , which is delimited by the housing and the closure element with an annular effective surface 74D with a first outer diameter of the closure element and a second outer diameter of the closure element as an inner diameter, each in particular of the secondary segment of the closure element, is acted upon by the fluid at a level of a counter pressure (back pressure) and is formed to be connected to the first one of the fluid connections of the housing see paragraph [0037].
In Reference to Claim 12
Umemura, see fig.3 discloses:
wherein a first fluid connection 71A is formed, which extends from the first one of the fluid connections to the volume delimited by the housing and the closure element with the annular effective surface with the first outer diameter of the closure element and the second outer diameter of the closure element as an inner diameter, each in particular of the secondary element of the closure element, see Fig.3.
In Reference to Claim 13
Umemura, see fig.3 discloses:
wherein a second fluid connection 71B is formed, which extends from the first fluid one of the connections to the volume delimited by the housing and the closure element with the annular effective surface with the first outer diameter of the closure element, and a primary segment diameter of the closure element as an inner diameter.
In Reference to Claim 15
Umemura, see fig.3 discloses:
wherein the at least one first sealing element and the at least one second sealing element are in each case formed as an O-ring seal, see paragraph [0038].
In Reference to Claim 16
Umemura, see fig.3 discloses:
wherein the first one of the fluid connections 71B of the housing is formed to be acted upon with the fluid at a level of a counter pressure (back pressure) and the second one of the fluid connections 75 of the housing is formed to be acted upon with the fluid at the level of the high pressure, see paragraph [0037].
In Reference to Claim 17
Umemura, see fig.3 discloses:
wherein a third one of the fluid connections 71A of the housing is formed to be acted upon by the fluid at the level of the low pressure, see paragraph [0037].
In Reference to Claim 19
Umemura, see fig.3 discloses:
wherein the device is a scroll compressor Fig.1, having the housing with a counter wall and a compression mechanism with an immobile, fixed spiral16B and a movable, orbiting spiral driven via an eccentric drive 24, wherein the housing with the counter wall and the orbiting spiral are formed to enclose a counter pressure chamber 39 at least in regions and a flow path extending from a region 47 of the high pressure to the counter pressure chamber 39 is formed within the housing, wherein the device 72 is formed within the flow path extending between the region of the high pressure and the counter pressure chamber.
In Reference to Claim 20
Umemura, see fig.3 discloses:
wherein the housing has at least two housing elements, wherein a first one of the housing elements 11 is formed to receive the primary segment of the closure element 76 of the device, and a second one of the housing elements 73 is formed to receive the secondary segment of the closure element of the device.
In Reference to Claim 21
Umemura, see fig.3 discloses:
Wherein the closure element 76 of the device is arranged within the receiving opening formed in the housing of the device, wherein the primary segment of the closure element is arranged within a first region of the receiving opening 74 formed in the first one of the housing elements and the secondary segment of the closure element is arranged within a second region 76 of the receiving opening formed in the second one of the housing elements.
In Reference to Claim 22
Umemura, see fig.3 discloses:
A use of the device according to claim 19 in a refrigerant circuit of an air-conditioning system of a motor vehicle, see paragraph [0024] and [0033].
Allowable Subject Matter
Claims 10, 14, 18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, primarily because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not teach “wherein a volume delimited by the housing, and a second end face of the closure element, distal to the first end face, is acted upon by a level of the ambient pressure and is formed to be connected to the environment via a fourth one of the fluid connections of the housing.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 10; and
The prior art of record does not teach “wherein an expansion element is arranged within the second fluid connection.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 14.
The prior art of record does not teach “wherein a fourth one of the fluid connections of the housing is formed to be acted upon by a level of ambient pressure” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 18.
Therefore, the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY AYALA DELGADO whose telephone number is (571)270-3452. The examiner can normally be reached on Mon-Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark III Laurenzi can be reached on (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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/ANTHONY AYALA DELGADO/
Primary Examiner, Art Unit 3746
/MARK A LAURENZI/Supervisory Patent Examiner, Art Unit 3746