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 .
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1, 5-9, 13-15 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6 and 11 of U.S. Patent No. 12,305,646 (‘646). Although the claims at issue are not identical, they are not patentably distinct from each other. Regarding claim 1, ‘646 discloses:
‘646
1. An apparatus for compressing a gaseous fluid, comprising: a stator and a rotor which are arranged in such a way as to extend along a common longitudinal axis within a housing such that the stator encloses the rotor in a radial direction, and in that a space is formed between an inner side of a wall of the housing and an outer side of a wall of the stator, wherein the housing is formed from a first housing element and a second housing element, which are each arranged with mutually aligned contact surfaces closing the housing and resting against one another, wherein a sealing element is arranged between the contact surfaces, wherein the sealing element has a shape of an annular disc with a constant width, wherein the sealing element further includes a circumferentially extending form and at least one first sealing area, wherein the form corresponds in a circumferential direction to a contour of the contact surfaces and the at least one first sealing area partially closes the space between the inner side of the wall of the housing and the outer side of the wall of the stator, and wherein an outer diameter of the sealing element substantially corresponds to an outer diameter of the contact surfaces and an inner diameter of the sealing element substantially corresponds to a diameter of the outer side of the wall of the stator such that the sealing element abuts against the outer side of the wall of the stator.*
*Examiner noting that the sealing element’s outer/inner diameter constitute a sealing area’s radial direction
2. The apparatus according to claim 1, wherein the sealing element has at least one second sealing area which is a closed surface.
3. The apparatus according to claim 1, wherein the at least one first sealing area is formed with at least one flow opening and/or at least one recess for the fluid to pass through.
4. The apparatus according to claim 3, wherein the at least one flow opening is formed with a circular or oval flow cross-section.
6. The apparatus according to claim 1, wherein the at least one first sealing area affects a flow direction of the gaseous fluid and is arranged in a plane perpendicular to the longitudinal axis of the apparatus and is aligned to protrude within a main flow direction of the gaseous fluid through the apparatus.
11. The apparatus according to claim 1, wherein the form is formed to be crowned-shaped on an upper side and a lower side of the sealing element.
Application
1. An apparatus for compressing a gaseous fluid, comprising: a stator and a rotor which are arranged to extend along a common longitudinal axis within a housing, wherein the stator encloses the rotor in a radial direction, wherein a space is formed between an inner side of a wall of the housing and an outer side of a wall of the stator, wherein the housing is formed from a first housing element and a second housing element arranged with mutually aligned contact surfaces closing the housing and facing one another, wherein a sealing element is interposed between the contact surfaces, wherein the sealing element has a shape of an annular disc with a circumferentially extending form and at least one sealing area, wherein the form corresponds in a circumferential direction to a contour of the contact surfaces and the sealing area at least partially closes the space between the inner side of the wall of the housing and the outer side of the wall of the stator, and wherein the sealing area extends radially inwardly at an angle with respect to the longitudinal axis.
5. The apparatus according to Claim 1, wherein the form is crowned-shaped on an upper side and a lower side of the sealing element.
6. The apparatus according to Claim 1, wherein the at least one sealing area is a closed surface.
7. The apparatus according to Claim 1, wherein the at least one sealing area is formed with at least one flow opening for the gaseous fluid to pass through.
8. The apparatus according to Claim 7, wherein the at least one flow opening is formed with a circular or oval flow cross-section.
9. The apparatus according to Claim 1, wherein an outer diameter of the sealing element substantially corresponds to an outer diameter of the contact surface and an inner diameter of the sealing element substantially corresponds to a diameter of the outer side of the wall of the stator such that the sealing element abuts against the outer side of the wall of the stator.
10. The apparatus according to Claim 1, wherein at least a portion of the at least one sealing area is arranged in a plane perpendicular to the longitudinal axis of the apparatus and is aligned to protrude within a main flow direction of the gaseous fluid through the apparatus.
13. An apparatus for compressing a gaseous fluid, comprising: a housing with a first housing element and a second housing element arranged with mutually aligned contact surfaces closing the housing and facing one another, wherein a sealing element is interposed between the contact surfaces, wherein the sealing element has a form of an annular disc with a circumferentially extending form and a first sealing area, wherein an outer diameter of the sealing element substantially corresponds to an outer diameter of the contact surfaces of the first housing element and the second housing element, wherein an inner diameter of the sealing element corresponds to an inner diameter of the contact surfaces of the first housing element and the second housing element, and the form is created in a circumferential direction corresponding to a contour of the contact surfaces, wherein the sealing element has at least one sealing area influences a direction of flow of the gaseous fluid and is arranged so at least a portion is aligned with a plane perpendicular to a longitudinal axis of the apparatus, and wherein the sealing area extends radially inwardly at an angle with respect to the longitudinal axis.
14. The apparatus according to Claim 13, wherein the sealing area is a closed surface.
15. The apparatus according to Claim 13, wherein the sealing area has a shape of a circular ring section with a constant outer diameter.
20. The apparatus according to Claim 13, wherein the form is crowned-shaped on an upper side and a lower side of the sealing element.
Allowable Subject Matter
Claims 2-4, 11-12 and 16-19 would be allowable if the conditions to overcome the double patenting rejection are met.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, the prior art of record does not further disclose or reasonably teach in combination that the angle is between 20° and 70°.
Regarding claim 3, the prior art of record does not further disclose or reasonably teach in combination that the at least one sealing area has at least one guide element which is arranged on an inner diameter of the sealing area.
Regarding claim 4, the prior art of record does not further disclose or reasonably teach in combination that the least one guide element is arranged at an angle of between 60° and 90° with respect to the longitudinal axis.
Regarding claim 11, the prior art of record does not further disclose or reasonably teach in combination that the sealing element has passages for receiving connecting elements of the housing.
Regarding claim 12, the prior art of record does not further disclose or reasonably teach in combination that the at least one sealing area is formed in the circumferential direction between adjacently arranged passages.
Regarding claim 16, the prior art of record does not further disclose or reasonably teach in combination that the angle is between 20° and 70°.
Regarding claim 17, the prior art of record does not further disclose or reasonably teach in combination that the at least one sealing area has at least one guide element which is arranged on an inner diameter of the sealing area.
Regarding claim 18, the prior art of record does not further disclose or reasonably teach in combination that the at least one guide element is arranged at an angle of between 60° and 90° with respect to the longitudinal axis.
Regarding claim 19, the prior art of record does not further disclose or reasonably teach in combination that the sealing element has passages for receiving connecting elements of the housing, and wherein the at least one sealing area is formed in the circumferential direction between adjacently arranged passages.
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 NATHAN C ZOLLINGER whose telephone number is (571)270-7815. The examiner can normally be reached Generally M-F 9-4 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746