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 .
DETAILED ACTION
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.
CLAIM INTERPRETATION
The presence of claim limitations that are preceded by the phrases “wherein” often raises a question as to the limiting effect of the claim limitations (see MPEP §2111.04). The Examiner has interpreted the limitations following the phrase “wherein” as positively being claimed (i.e. the claim limitations are required and/or the claim limitations following the “wherein clause” limits the structure), where “wherein” is being used as a transitional phrase.
Election/Restrictions
Applicant's election with traverse of Species II in the reply filed on March 2, 2026 is acknowledged. The traversal is on the ground(s) that Species I and II are not patentably distinct. This is found persuasive. The restriction is amended so that Species I and II are considered as a single Species (Species I/II), where Species I has been rejoined with Species II and has been examined below. There are no arguments with regards to the remaining Species (i.e. Species III, Species IV, and Species V). Since Species I and II have been joined together, and there are no arguments with regards to the remaining Species, the Examiner considers this now an election without traverse with regards to the remaining Species. The restriction is now between: Species I/II, Species III, Species IV, and Species V, where Species I/II is considered to be the elected Species. Claims 1-4, 6, 8-11, and 15 are considered to read on the elected Species I/II. Claims 5, 7, and 12-14 are considered as being withdrawn as being directed to a non-elected Species.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: COMPRESSOR WITH A LOWER MUFFLER AND A CONNECTION MUFFLER CONNECTED ONLY TO THE LOWER CYLINDER AND A SEPARATION MUFFLER CONNECTED ONLY TO THE UPPER CYLINDER.
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.
Claims 1-4, 6, 9-11, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SEOK (U.S. Patent Publication US 2006/0056986 A1).
Regarding claim 1, SEOK discloses: a compressor (see Figure 3 and Abstract) comprising:
a lower cylinder (34) including a lower compression chamber (32), the lower compression chamber configured so that refrigerant is compressed in the lower compression chamber (see Figure 3, ¶0033), and the compressed refrigerant in the lower compression chamber is discharged from the lower compression chamber (see Figure 3 and ¶0038, where the compressed refrigerant is discharged to (72a));
an upper cylinder (33) including an upper compression chamber (31), the upper compression chamber configured so that refrigerant is compressed in the upper compression chamber (see Figure 3, ¶0033), and the compressed refrigerant in the upper compression chamber is discharged from the upper compression chamber (see Figure 3 and ¶0038, where the compressed refrigerant is discharged to (71a);
a lower muffler (72) on a lower side of the lower compression chamber (see Figure 3), and configured to receive, and reduce noise of, the refrigerant discharged from the lower compression chamber and discharge the refrigerant received from the lower compression chamber and having the reduced noise to an accommodation space (the accommodation space is the space inside (10) that is connected to the compressor discharge (12)) of the compressor (see Figure 3, ¶0039; ¶0044); and
a separation muffler (71) on an upper side of the upper compression chamber (see Figure 3, ¶0044), and configured to receive, and reduce noise of, the refrigerant discharged from the upper compression chamber and discharge the refrigerant received from the upper compression chamber and having the reduced noise to the accommodation space (see Figure 3, ¶0044),
wherein the separation muffler is divided from a flow path extending upward from the lower muffler and along which refrigerant from the lower muffler is discharged so that, before reaching the accommodation space (see Figure 3), the refrigerant discharged from the lower muffler travels along the flow path and is divided from the refrigerant discharged from the separation muffler (see Figure 3, ¶0044).
Regarding claim 2, SEOK discloses: a connection muffler (82b) (the connection muffler is considered to be (82b) since it also provides muffling of the system, see ¶0044) connected to an inside of the lower muffler (see Figure 3) and divided from the separation muffler (see Figure 3).
Regarding claim 3, SEOK discloses: the separation muffler includes a first discharge hole (81a) through which the refrigerant from the separation muffler is discharged to the accommodation space (see Figure 3, ¶0044),
the connection muffler includes a second discharge hole (see Figure 3, this is the discharge hole at the end of (82b) that is connected to the accommodation space) through which the refrigerant from the connection muffler is discharged to the accommodation space (see Figure 3, ¶0044), and
the flow path extends from the lower muffler through an inside of the connection muffler to the second discharge hole (see Figure 3).
Regarding claim 4, SEOK discloses: a rotatable shaft (21);
a lower roller (51, 52) inside the lower compression chamber (see Figure 3) and configured to be rotated by rotation of the rotatable shaft to compress the refrigerant in the lower compression chamber (see Figure 3, ¶0035), and discharge the refrigerant compressed in the lower compression chamber (see Figure 3, ¶0035, ¶0037, ¶0044); and
an upper roller (41, 42) inside the upper compression chamber and configured to be rotated by rotation of the rotatable shaft to compress the refrigerant in the upper compression chamber (see Figure 3, ¶0035), and discharge the refrigerant compressed in the upper compression chamber (see Figure 3, ¶0035, ¶0037, ¶0044),
wherein a distance between the rotatable shaft and the first discharge hole is shorter than a distance between the rotatable shaft and the second discharge hole (see Figure 3, where the first discharge hole is shown adjacent to the rotatable shaft and the second discharge hole is shown further away from the shaft since it is located closer to the outside wall of the housing).
Regarding claim 6, SEOK discloses: the first discharge hole is configured so that the refrigerant from the separation muffler is discharged upward (see Figure 3, which shows that the first discharge hole extends upward), and the second discharge hole is configured so that the refrigerant from the connection muffler upward (see Figure 3 that shows the second discharge hole is extending upwardly).
Regarding claim 9, SEOK discloses: the flow path extends through an area between the separation muffler and the connection muffler (see Figure 3).
Regarding claim 10, SEOK discloses: the separation muffler and the connection muffler are coupled to each other (see Figure 3, that shows the separation muffler is connected to (82b)).
Regarding claim 11, SEOK discloses: an upper cylinder cover (36) on an upper side of the upper cylinder (see Figure 3) and having an upper inlet hole (65) through which the refrigerant compressed in the upper compression chamber is discharged to the separation muffler (see Figure 3, ¶0036),
wherein the separation muffler includes a discharge hole (81a) through which the refrigerant received from the upper compression chamber and having the reduced noise is discharged to the accommodation space (see Figure 3, ¶0044), and
the upper inlet hole and the discharge hole are spaced apart in a horizontal direction (see Figure 3).
Regarding claim 15, SEOK discloses: the accommodation space is on an upper side of the separation muffler (see Figure 3),
the separation muffler includes a discharge hole (81a) through which the refrigerant received from the upper compression chamber and having the reduced noise is discharged to the accommodation space (see Figure 3, ¶0044), and
the refrigerant discharged through the discharge hole and the refrigerant discharged from the lower muffler along the flow path are mixed in the accommodation space (see Figure 3, where both the refrigerant discharged through the discharge hole and the refrigerant discharged from the lower muffler are discharged into the accommodation space, and therefore, they are considered “mixed” in the accommodation space before the working fluid is discharged thru (12)).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over SEOK in view of KR’152 (Korean Patent Publication KR-10-2007-0023152 A, a machine translation is provided in the PTO-892 Notice of References Cited and is utilized in the rejection below).
Regarding claim 8, SEOK discloses: a connection hole (see Figure 3, the connection hole is the hole that is in (82b) and located in supporting member (37)) through which the refrigerant from the lower muffler travels along the flow path from the lower muffler to the connection muffler (the connection muffler in claim 8 is considered to be part of (82b) that is in (33, 34, 35), ¶0044).
SEOK fails to disclose: the connection hole and the second discharge hole are spaced apart in a horizontal direction.
Regarding claim 8, KR’152 discloses: a connection muffler (the connection muffler contains (72a) and the pipe (77)) and a connection hole (74a) through which the refrigerant from the lower muffler (the lower muffler is the area (72a) (see Figures 1 and 2) travels along the flow path from the lower muffler to the connection muffler (the connection muffler is the area (72b), see Figures 1 and 2), and
the connection muffler includes a second discharge hole (the second discharge hole is the end of the pipe (77) and starts at (74b)) through which the refrigerant from the connection muffler is discharged (see Figures 1 and 2), where
the connection hole and the second discharge hole are spaced apart in a horizontal direction (see Figures 1 and 2).
KR’152 discloses the connection muffler is located connected to the lower muffler and not connected to the separation muffler.
It would have been obvious to a person having ordinary skill in the art at the time of the invention was made to have the connection hole and the second discharge hole are spaced apart in a horizontal direction in the connection hole and the second discharge hole are spaced apart in a horizontal direction and relocating the connection muffler to be connected to the separation muffler of SEOK, in order to further reduce the noise as taught by KR’152 (see Abstract of KR’152). Furthermore, relocation of the connection muffler to be located next to the separation muffler in SEOK requires only routine skill in the art, and produces predictable results (i.e. the ability to utilize some of the same axial area as the separation muffler).
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY DAVIS whose telephone number is (571)272-9965. The examiner can normally be reached M-F, 8 am-4pm.
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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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/Mary A Davis/Primary Examiner, Art Unit 3746