DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Claims 1 – 11 and 14 – 24 are entitled to a priority date of May 15, 2023. Claims 12, 13 have no support in the priority documents and are thus given an effective filing date of December 23, 2024, corresponding to the filing date of the present application.
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 first and second shafts being co-linear, as recited in Claim 4, 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 – 11 and 14 – 24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7, 11 – 14, 16, 17, 22, and 23 of US Patent No 12180960. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the comparative table below:
Claim 1 of Instant Application
Claim 7 of US 12180960
A rotary positive displacement device, comprising:
a housing having a low pressure port and a high pressure port;
first and second complementary members, wherein the first complementary member is a first rotor, the first rotor comprising a first body connected to a first shaft that is rotatable about a first rotational axis, the first body comprising an outer surface and an axial surface, the second complementary member comprising a second body connected to a second shaft, the second body comprising an outer surface and an axial surface, and
at least one repositionable gate comprising a sealing surface and an aperture, the aperture of the repositionable gate being selectively aligned with one of the high pressure port or the low pressure port of the housing to comprise at least one of an adjustable high pressure opening and an adjustable low pressure opening between the first and second bodies and the high pressure or low pressure port, and
wherein the axial surfaces of the first and second bodies intermesh with one another to form at least two chambers therebetween when at least the first rotor is rotating via the first shaft, each chamber of the at least two chambers having a variable volume as each chamber orbits around the first rotational axis, and
wherein the at least one of the adjustable high pressure opening and adjustable low pressure opening is configured to selectively communicate with one or more of the at least two chambers as the at least two chambers orbit around the first rotational axis.
A rotary positive displacement device, comprising:
a housing having a low pressure port and a high pressure port;
a first rotor having a frusto-spherical outer surface, an axial surface, a first rotor shaft and a first rotational axis passing through the first rotor shaft, wherein the axial surface comprises at least one teardrop surface and at least one involute surface, the at least one teardrop surface and at least one involute surface together defining at least one lobe and a corresponding valley;
a second rotor having a frusto-spherical outer surface, an axial surface, a second rotor shaft and a second rotational axis passing through the second rotor shaft, the axial surface comprises at least one teardrop surface and at least one involute surface, the at least one teardrop surface and at least one involute surface together defining at least one lobe and a corresponding valley, the second rotational axis intersecting with the first rotational axis;
a high pressure opening extending between the first and second rotors and the high pressure port of the housing;
a low pressure opening extending between the first and second rotors and the low pressure port of the housing,
wherein the low pressure opening is configured to selectively communicate with one or more chambers of at least two chambers; wherein the second rotor is configured to intermesh with the first rotor such that the at least two chambers are separated by the axial surfaces of the first and second rotors, each chamber of the at least two chambers having a variable volume as the first and second rotors rotate about their respective rotational axes; and wherein a lobe tip of each rotor is in contact with, so as to form a seal against, the corresponding teardrop surface of the other rotor; and wherein the involute surface of each rotor is in contact with, so as to form a seal against, the corresponding involute surface of the other rotor; and
wherein the high pressure opening comprises a lower edge, the lower edge positioned along an outer diameter of the frusto-spherical outer surface of the second rotor, wherein the lower edge is positioned between the second rotor shaft and the at least one valley of the first rotor;
wherein the high pressure opening comprises an aperture in a repositionable high pressure gate, the high pressure gate sandwiched between the intermeshed first and second rotors and the housing, wherein the aperture of the high pressure gate may be selectively circumferentially positioned relative to the position of the at least two chambers formed between the intermeshed first and second rotors.
As seen above, the present claim 1 is a broader version of the patented claim 7, with the patented claim 7 fully anticipating all features of the present claim 1 (see underlined sections of patented claim matching the language of the present claim 1). The features of the at least two chambers orbiting around the first axis in the present claim 1 are functional language which are not explicitly recited in the patented claim 7 but inherent in the operation of the patented claim 7 given the intermeshing rotor arrangement.
Although no comparative table is shown, Claims 2 – 11 and 14 – 24 are also rejected over the US Patent, or over the US Patent in view of one of the prior art references relied on below using the obviousness rationale of the prior art rejections below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 4 recites the first and second shafts are co-linear. First, none of the drawings depict a co-linear relationship between the shafts, making it difficult to ascertain operability. Second, given the structural geometry of the first and second rotors/complementary members, and the arrangement of their intermeshing surfaces, it is unclear how a co-linear arrangement between the shafts would work. Applicant only casually mentions a co-linear arrangement once in the specification, with all other discussion belonging to the offset arrangement shown in the Figures. As such, applicant has not described the co-linear relationship between the shafts in the specification in such a way as to reasonably convey to one skilled in the relevant art that they, at the time the application was filed, had possession of the claimed invention.
Claim 5 recites the second complementary member is a stator. Read in light of the specification, stator is taken to mean the body “remains stationary and does not rotate about the shaft”. given the structural geometry of the first and second complementary members, and the arrangement of their intermeshing surfaces, it is unclear how the second complementary member can be stationary. The intermeshing surfaces would not allow for one of the members to be stationary. This is further compounded by Claim 1, upon which Claim 5 depends, requiring that the second complementary member comprises a second body connected to a second shaft. Applicant only casually mentions a stator feature of the second complementary member once in the specification, with all other discussion belonging to the regular rotary embodiment. As such, applicant has not described the stator feature of the second complementary member in the specification in such a way as to reasonably convey to one skilled in the relevant art that they, at the time the application was filed, had possession of the claimed invention.
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.
Claims 12 and 13 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 12, Line 8 recites at least one second helical grooves. Line 4 of Claim 12 already introduces second helical grooves. It is unclear whether the instance in Line 8 refers to these same helical grooves or different grooves. Based on the disclosure, the claim will be interpreted as reciting the at least one second helical groove.
Claim 12, Line 12 recites the at least one port. The claims thus far have introduced both high pressure and low pressure ports. It is unclear which port Claim 12 is referring to.
Claim 13 is rejected by virtue of its dependence on Claim 12.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Won et al. (hereafter “Won” – US 6056523).
With regards to Claim 1:
Claim 1 is broad enough that even a scroll compressor reads on it.
Won discloses a rotary positive displacement device (Figures 1 – 5), comprising: a housing (casing 2) having a low pressure port (suction inlet 37) and a high pressure port (discharge outlet 81);
first and second complementary members (orbiting scroll 14, fixed scroll 20), wherein the first complementary member is a first rotor (orbiting scroll 14), the first rotor comprising a first body (orbiting scroll wrap) connected to a first shaft (shaft 10) that is rotatable about a first rotational axis (axis of shaft 10), the first body comprising an outer surface (tips 14a of the orbiting scroll wrap) and an axial surface (sides of orbiting scroll wrap that contacts fixed scroll wrap), the second complementary member comprising a second body (fixed scroll wrap) connected to a second shaft (see Figures 2, 5, 6, portion of fixed scroll 20 that protrudes up in direction of check valve 70), the second body comprising an outer surface (tips 20a of fixed scroll wrap) and an axial surface (sides of fixed scroll wrap that contacts orbiting scroll wrap, and
at least one repositionable gate (check valve 70 with plate 72, see positions in Figure 6) comprising a sealing surface (see Figure 6 closed position of plate 70 sits on sealing surfaces of the fixed scroll and plate 72) and an aperture (discharge port 60), the aperture of the repositionable gate being selectively aligned with one of the high pressure port or the low pressure port of the housing (selectively aligned with discharge outlet 81 when in open position) to comprise at least one of an adjustable high pressure opening (high pressure openings of check valve 70 as seen in Figure 6) and an adjustable low pressure opening between the first and second bodies and the high pressure or low pressure port (see Figures 1, 2, and 6), and
wherein the axial surfaces of the first and second bodies intermesh with one another to form at least two chambers (interior spaces 8, see e.g. Figure 32 showing the wraps intermeshing and forming at least two chambers) therebetween when at least the first rotor is rotating via the first shaft, each chamber of the at least two chambers having a variable volume as each chamber orbits around the first rotational axis (as known in scroll compressor art, the chambers reduce in size as the fluid flows towards the center, see Figure 32 for example), and wherein the at least one of the adjustable high pressure opening and adjustable low pressure opening is configured to selectively communicate with one or more of the at least two chambers as the at least two chambers orbit around the first rotational axis (see Figures and Col. 6, Lines 66+, high pressure openings of check valve 70 communicate with interior space 8 of the scrolls).
With regards to Claim 4:
Won discloses the shafts are co-linear (see Figure 1 of Won, shaft 10 and axial protrusion of fixed scroll 20 are co-linear).
With regards to Claim 5:
Won discloses the second complementary member is a stator (“non-orbiting scroll plate 20”, Col. 5, Line 5).
Claims 1 – 3, 6, 8 – 11, and 20 – 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Juan et al. (hereafter “Juan” – US 2019/0271317).
With regards to Claim 1:
Juan discloses a rotary positive displacement device, comprising:
a housing (housing 55A, Figure 1) having a low pressure port (intake passageway 186 through intake connection 112, Figure 34) and a high pressure port (discharge passageway 194 through discharge connection 234, Figure 36);
first and second complementary members (driver rotor 76, idler rotor 28, Figure 39), wherein the first complementary member is a first rotor (driver rotor 76), the first rotor comprising a first body (as seen in Figure 39) connected to a first shaft (shaft 64, Figure 39) that is rotatable about a first rotational axis (axis 639, Figure 2), the first body comprising an outer surface (outer surfaces 62, Figure 39) and an axial surface (axial surfaces 84B), the second complementary member (idler rotor 28) comprising a second body (as seen in Figure 39) connected to a second shaft (shaft 40), the second body comprising an outer surface (surfaces 36) and an axial surface (axial surfaces 84A), and
at least one repositionable gate (neckband 26 with gates 170, 172, Figures 9 – 32, and intake gate 54) comprising a sealing surface (Figures 8, Paragraphs 297, 298) and an aperture (holes 196, openings 192, 188), the aperture of the repositionable gate being selectively aligned with one of the high pressure port or the low pressure port of the housing to comprise at least one of an adjustable high pressure opening and an adjustable low pressure opening between the first and second bodies and the high pressure or low pressure port (see Figures 34, 36 and Paragraphs 298, 376) and
wherein the axial surfaces of the first and second bodies intermesh with one another to form at least two chambers (chambers 144A – 144C, Figures 9 – 32) therebetween when at least the first rotor is rotating via the first shaft (Paragraphs 217, 218), each chamber of the at least two chambers having a variable volume as each chamber orbits around the first rotational axis (see Figures 9 – 32 and Paragraphs 217, 218), and
wherein the at least one of the adjustable high pressure opening and adjustable low pressure opening is configured to selectively communicate with one or more of the at least two chambers as the at least two chambers orbit around the first rotational axis (see Figures 9 – 32 and Paragraphs 375, 376).
With regards to Claim 2:
Juan discloses the outer surfaces of the first and second bodies are both selected from a group comprising: frusto-spherical, frusto-cylindrical, frusto-conical, swept, planar (see Figures 9 – 32 and Paragraph 229: “rotor outer frusto-spherical surfaces (36 and 62)”).
With regards to Claim 3:
Juan discloses the adjustable high pressure opening or adjustable low pressure opening further comprises a circumferential conduit in the housing (secondary intake passageway 190, Figure 34 for low pressure opening, and discharge passageway 194 for high pressure opening) and a stationary aperture (intake passageway 186 for low pressure opening, and discharge connection 234 for high pressure opening) in the housing, the circumferential conduit and the stationary aperture in the housing both in fluid communication with one of the corresponding high pressure port or the low pressure port and the aperture in the at least one repositionable gate so as to increase a flow area located between the high pressure port or low pressure port and the at least two chambers (see Figures and Paragraphs 375, 376).
With regards to Claim 6:
Juan discloses the second body is a second rotor (idler rotor 28) and the second shaft is rotatable about a second rotational axis (axis 637, Figure 2), and the first rotational axis intersects the second rotational axis (Paragraph 218: “with non-parallel intersecting axes 637 and 639 as seen in FIG. 2”), and wherein each of the axial surfaces (axial surfaces 84A, 84B, Figure 39) of the first and second bodies of the first and second rotors comprises at least one teardrop surface (see Figures 39, 42, 50, 53, portion of axial surfaces 84A, 84B form a “teardrop” shape, see also Paragraph 373 for discussion of teardrop volume 145) and at least one engagement surface (tips of lobes 78, Figures 39, 42), the at least one teardrop surface and the at least one engagement surface together defining at least one lobe (lobes 78A, 78B) and a corresponding valley (valleys 82A, 82B), and
wherein each outer surface of the first and second bodies of the first and second rotors is frusto-spherical (see Figures 9 – 32 and Paragraph 229: “rotor outer frusto-spherical surfaces (36 and 62)”), and
wherein the axial surfaces of the first and second rotors are each configured to intermesh with one another such that the at least two chambers formed therebetween are separated by the axial surfaces of the first and second rotors (Figures 9 – 32 and Paragraphs 217, 218), and
wherein the at least one of the adjustable high pressure opening and low pressure opening is positioned along the outer surface of the first rotor and adjacent to at least one side of the valley of the first rotor (Paragraph 375: “the neckband 26 may be fastened to the idler rotor 28 such that holes 196 in the neckband 26 remain immediately radially of the idler rotor valleys 84A”).
With regards to Claim 8:
Juan discloses the at least one repositionable gate is sandwiched between the first rotor and the housing (see Figures 8A, 8B, gates 170, 172 sandwiched between rotor and housing) and wherein the aperture of the repositionable gate may be selectively circumferentially positioned relative to the position of the at least two chambers (Paragraph 375: “circumferential adjustment of the primary gate 170”).
With regards to Claim 9:
Juan discloses the at least one repositionable gate is selectively circumferentially positioned so as to align the gate aperture of the at least one repositionable gate with each chamber of the at least two chambers such that each chamber will pass the corresponding gate aperture at a selected volume ratio and volumetric capacity of each chamber of the at least two chambers (Paragraph 375: “a control system may be used that attempts to minimize the input driver power consumption by adjusting the position of the primary gate 170 in that opening the chamber 144 early or late to the discharge passageway 194 may result in increased power consumption. In the example shown in FIGS. 11-20, the secondary gate 172 is positioned so that there may not be capacity control, and the primary gate 170 was positioned for a high compression ratio case. When comparing the example shown in FIGS. 9-11 to the example shown in FIGS. 21-23 which is also at the 0 degree rotational position, it can be understood that the intake cavity 188 is extended circumferentially by adjusting the position of the secondary gate 172. The circumferential adjustment of the primary gate 170 may be somewhat comparable to that of the secondary gate 172 to allow for a comparable compression ratio”, see also Paragraphs 378, 379).
With regards to Claim 10:
Juan discloses a stationary aperture (intake passageway 186 for low pressure opening, and discharge connection 234 for high pressure opening) in the housing having stationary leading and trailing edges (see Figures 34, 36), and wherein the aperture in the at least one repositionable gate comprises adjustable leading and trailing edges (via openings 196, 192, 188, see discussion of adjustment in Paragraph 375), and wherein the configuration of the at least one adjustable high pressure opening and low pressure opening may be changed by selectively positioning the aperture of the at least one repositionable gate relative to the at least one corresponding stationary aperture in the housing (Paragraphs 378 – 380).
With regards to Claim 11:
Juan discloses the at least one repositionable gate is positioned to selectively form a seal between the high pressure port and low pressure port by selectively repositioning the aperture and the sealing surface of the at least one repositionable gate (the aperture and the sealing surface are both part of the circumferentially adjustable gate, such that adjusting one of the aperture or sealing surface would adjust the other – see also Paragraph 298: “the surfaces of the intake gate 54 may seal the chamber 144A between rotors after the maximum volume position”).
With regards to Claim 20:
Juan discloses a rotary positive displacement device, comprising:
a housing (housing 55A, Figure 1) having a low pressure port (intake passageway 186 through intake connection 112, Figure 34) and a high pressure port (discharge passageway 194 through discharge connection 234, Figure 36);
a first rotor (driver rotor 76, Figure 39) comprising a first rotor body (as shown in Figure 39) connected to a first rotor shaft (shaft 64) that is rotatable about a first rotational axis (axis 639, Figure 2) passing through the first rotor shaft, the first rotor body having an outer surface (outer surfaces 62) and an axial surface (axial surfaces 84B);
a second rotor (idler rotor 28, Figure 39) comprising a second rotor body (as shown in Figure 39) connected to a second rotor shaft (shaft 40) that is rotatable about a second rotational axis (axis 637, Figure 2) passing through the second rotor shaft, the second rotor body having an outer surface (outer surfaces 36) and an axial surface (axial surfaces 84B);
wherein the axial surface of each of the first and second rotor bodies comprises at least one offset advanced involute curve (Paragraph 218: “the driver rotor and the idler rotor intermesh with each other at the opposing faces (lobes and valleys) to define chambers radially adjacent to the common center. In the example shown in FIGS. 6-8A, the lobes 78 and valleys 82 were formed using ‘involute curves’”); and
wherein the axial surfaces of the first and second rotor bodies intermesh to form at least two chambers (chambers 144A – 144C, Figures 9 – 32) therebetween the first and second rotor bodies, the at least two chambers orbiting about the first rotational axis and each chamber of the at least two chambers has a variable volume as the first and second rotors rotate about their respective rotational axes (see Figures 9 – 32 and Paragraphs 217, 218); and
a low pressure opening (intake passageway 186, Figure 34) extending between an outer diameter of the first rotor and the low pressure port of the housing, wherein the low pressure opening is configured to selectively communicate with one or more chambers of the at least two chambers (see Figures 9 – 32, and Paragraphs 375, 376);
a high pressure opening (discharge passageway 194, Figure 36) extending between an outer diameter of the first rotor and the high pressure port of the housing, wherein the high pressure opening is configured to selectively communicate with one or more chambers of the at least two chambers (see Figures 9 – 32 and Paragraphs 375, 376);
wherein the high and low pressure openings are each configured to selectively communicate with each other via at least one chamber of the at least two chambers (Paragraphs 375 – 380).
With regards to Claim 21:
Juan discloses at least one repositionable gate (neckband 26 with gates 170, 172, Figures 9 – 32, and intake gate 54), the at least one repositionable gate having an aperture (holes 196, openings 192, 188), the aperture of the at least one repositionable gate being selectively aligned with one of the high pressure port or the low pressure port of the housing to comprise at least one of an adjustable high pressure opening and an adjustable low pressure opening between the first and second rotors and the high pressure or low pressure port (see Figures 34, 36 and Paragraphs 298, 376), and wherein the at least one of the adjustable high and low pressure openings are each configured to selectively communicate with each other via at least one chamber of the at least two chambers (Paragraphs 375 – 380).
With regards to Claim 22:
Juan discloses a high pressure gate (gates 170, 172, Figures 9 – 32) and a low pressure gate (gate 54, Figures 9 – 32), each of the high pressure gate and low pressure gate having at least one aperture (for gates 1270, 172, openings 196, 192, 188, for gate 54, not labeled but an opening is shown in Figures 9 – 32), wherein each of the high pressure gate and the low pressure gate are independently circumferentially repositionable (Paragraph 375 – 378), the aperture of each gate being selectively aligned with each high and low pressure port to comprise at least one adjustable high pressure opening and at least one adjustable low pressure opening between the first and second rotors and each of the high pressure and low pressure ports (see Figures 34, 36 and Paragraphs 298, 376), and wherein the adjustable high and low pressure openings are each configured to selectively communicate with each other via at least one chamber of the at least two chambers (Paragraphs 375 – 380).
Claim Rejections - 35 USC § 103
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 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 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 of this title, 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Juan et al. (hereafter “Juan” – US 2019/0271317) in view of Klassen (WO 99-61753).
With regards to Claim 7:
Juan does not explicitly disclose the at least one engagement surface of the axial surface of at least one rotor of the first and second rotors includes a radial recess extending along the at least one engagement surface, the radial recess extending to an outer diameter of the at least one rotor. Klassen (Figures 19A – 19C) teaches a similar rotary positive displacement device including rotors (204, 206) comprising lobes and corresponding valleys as well as axial teardrop shaped surfaces (see Figures 19A – 19C). Klassen further teaches the at least one engagement surface (sealing surface 200) of the axial surface of at least one rotor of the first and second rotors includes a radial recess (recess 208) extending along the at least one engagement surface, the radial recess extending to an outer diameter of the at least one rotor (see Page 35: “a recess or channel area 208 which extends radially across the rotor base”). Klassen teaches that “the channels 208 eliminate direct contact between the two sealing surfaces so as to form a relief gap 220, as is shown in FIG. 19C. The relief gap reduces sheer stresses on fluid in this area, and also allows particulate or abrasive material to pass therethrough without causing wear against the sealing surfaces. Furthermore, the relief gap reduces wear by eliminating a potential content between the sealing surfaces during the intermediate phases of the engine cycle, even in applications not being used with abrasive fluids” (Page 35). MPEP 2143A teaches it is obvious to combine prior art elements according to known methods in order to yield predictable results. In this case, the addition of radially extending recesses at the engagement surfaces is known in the art to reduce wear and it would have been obvious to one of ordinary skill in the art to modify the system of Juan by adding such recesses in order to yield the predictable benefits described above.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Juan et al. (hereafter “Juan” – US 2019/0271317).
With regards to Claims 14 and 15:
Juan does not explicitly disclose the at least one repositionable gate is selectively circumferentially positionable via an actuator, wherein the actuator drives a worm drive and wherein the at least one repositionable gate comprises a worm wheel of the worm drive. Juan does teach that a “control system may… [adjust] the position of the primary gate 170” (Paragraph 375) but provides no structure of the control system. In another embodiment (Figures 103 – 136), Juan teaches another repositionable gate (171) performing a similar function as that of the primary gate in the embodiment of Figures 1 – 39. In this other embodiment, Juan teaches that “[t]he circumferential position of the primary gate 171 shown in FIGS. 131-135 may be controlled by methods known in the art, such as by hydraulic or electric actuation. In FIG. 103, a small worm gear 187 on an input shaft 189 is shown to be intermeshed with gear 185. The input shaft 189 may be rotated manually, or by other methods known in the art to relatively slowly adjust the rotational/circumferential position of the primary gate 171 via the gear 185” (Paragraph 391). MPEP 2143A teaches it is obvious to combine prior art elements according to known methods in order to yield predictable results. In this case, the use of a worm drive actuator to reposition a gate is known in the art, and it would have been obvious to one of ordinary skill in the art to modify Juan by automating the repositioning of the gates using a worm drive actuator in order to yield the predictable result of changing output flow characteristics and improving device performance/efficiency (Paragraph 391).
Allowable Subject Matter
Claims 12 and 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 16 and 17 are rejected over double patenting, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and upon filing and approval of a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d).
Claims 18, 19, 23, and 24 would be allowable upon filing and approval of a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d).
Additional References
Please see attached PTO-892 form for additional references which are made of record but not relied upon for the current grounds of rejection.
Klassen (US 5755196) – see rotary positive displacement machine having frusto-spherical surfaces as shown in Figures 7A -7C.
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/Laert Dounis/
Primary Examiner, Art Unit 3746
Wednesday, November 5, 2025
/MARK A LAURENZI/Supervisory Patent Examiner, Art Unit 3746