Prosecution Insights
Last updated: August 16, 2026
Application No. 19/094,771

MULTI-COMPRESSOR OIL MIGRATION MITIGATION CLIMATE SYSTEM

Non-Final OA §103
Filed
Mar 28, 2025
Priority
Aug 22, 2016 — provisional 62/378,135 +5 more
Examiner
DUKE, EMMANUEL E
Art Unit
Tech Center
Assignee
Bergstrom Inc.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
793 granted / 1155 resolved
+8.7% vs TC avg
Strong +28% interview lift
Without
With
+27.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
35 currently pending
Career history
1176
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
51.6%
+11.6% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
18.1%
-21.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1155 resolved cases

Office Action

§103
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 § 103 1. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Creed et al (U.S. PG Pub No.: 2008/0085672 A1), hereinafter referred to as Creed et al ‘672, in view of Takegami et al (U.S. PG Pub No.: 2006/0123835 A1), hereinafter referred to as Takegami et al ‘835. Regarding claim 1, Creed et al ‘672 discloses a climate system for conditioning air within a compartment (16) of a vehicle (10), comprising: a refrigerant circuit {as shown in Figs. 1-4: Abstract, ¶ [0033]}; a first compressor (26) fluidly coupled to the refrigerant circuit, where the first compressor includes a first compressor inlet (PS) and a first compressor outlet (PD) {as shown in Fig. 2: ¶¶ [0035] and [0040]}; a second compressor (39) fluidly coupled to the refrigerant circuit, the second compressor including a second compressor inlet (SS) and a second compressor outlet (SD) {as shown in Fig. 2: ¶ [0040]}; a first refrigerant-to-air heat exchanger (30a) fluidly coupled to the first compressor outlet and the second compressor outlet via a first set of one or more refrigerant lines (36), wherein the first refrigerant-to-air heat exchanger is thermally coupled to an exterior of the vehicle and forms part of the refrigerant circuit {see Figs. 2, 4B, 4D and 5: ¶¶ [0015-0016] and [0030-0031]}; a second refrigerant-to-air heat exchanger (30b) (i) fluidly coupled to the first refrigerant-to-air heat exchanger via a second set of one or more refrigerant lines (36) and (ii) fluidly coupled to the first compressor inlet and the second compressor inlet via a third set of one or more refrigerant lines, wherein: the second refrigerant-to-air heat exchanger is thermally coupled to the compartment of the vehicle and forms part of the refrigerant circuit {see Figs. 2, 4B, 4D and 5: ¶ [0031]}, and a controller (35) communicatively coupled to the first and second compressors and including instructions that are configured to selectively activating and deactivating the first and second compressors {see Fig. 2: [0034], [0039], [0042] and [0056]}. However, Creed et al ‘672 fail to explicitly disclose the limitations of a first refrigerant line of the third set of one or more refrigerant lines includes a first section configured to cause any compressor oil mixed in the refrigerant to flow from a first lower elevation to a first higher elevation before flowing to the first compressor to restrict a flow of compressor oil to the first compressor when the first compressor is inactive; and a second refrigerant line of the third set of one or more refrigerant lines includes a second section configured to cause any compressor oil mixed in the refrigerant to flow from a second lower elevation to a second higher elevation before flowing to the second compressor to restrict a flow of compressor oil to the second compressor when the second compressor is inactive. Takegami et al ‘835 teach: the concept of a first refrigerant line (32) of the third set (15) of one or more refrigerant lines includes a first section (32a) configured to cause any compressor oil mixed in the refrigerant to flow from a first lower elevation to a first higher elevation before flowing to the first compressor (2A) to restrict a flow of compressor oil to the first compressor when the first compressor is inactive {Fig. 14: ¶ [0239]}; and a second refrigerant line (33) of the third set of one or more refrigerant lines includes a second section (33a) configured to cause any compressor oil mixed in the refrigerant to flow from a second lower elevation to a second higher elevation before flowing to the second compressor (2B) to restrict a flow of compressor oil to the second compressor when the second compressor is inactive {as shown in annotated Fig. 16: ¶ [0254]}. Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Creed et al ‘672 in view of Takegami et al ‘835 to include the use of a first refrigerant line of the third set of one or more refrigerant lines includes a first section configured to cause any compressor oil mixed in the refrigerant to flow from a first lower elevation to a first higher elevation before flowing to the first compressor to restrict a flow of compressor oil to the first compressor when the first compressor is inactive, in order to ensure continued operation if one of the compressors breaks down {Takegami et al ‘835 – ¶ [0298]}. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Creed et al ‘672 in view of Takegami et al ‘835 to obtain the invention as specified in claim 1. PNG media_image1.png 690 856 media_image1.png Greyscale Conclusion 2. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-5094598-A to Amata; Atushi. US-20090229301-A1 to Sakae; Satoru. US-20150345848-A1 to Him; Aylan. US-20140241926-A1 to Fraser; Bruce A. US-4831835-A to Beehler; James R. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 8:00 AM to 4:00 PM Monday thru Friday; 8:00 AM to 4:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EMMANUEL E DUKE/ Primary Examiner, Art Unit 3763 07/25/2026
Read full office action

Prosecution Timeline

Mar 28, 2025
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
96%
With Interview (+27.6%)
2y 11m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1155 resolved cases by this examiner. Grant probability derived from career allowance rate.

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