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
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 22, 2026 has been entered.
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.
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 third oil hole portion extending from the inner hole of the hub portion to the annular recess in a direction away from the rotation axis of the scroll, so as to communicate the inner hole of the hub portion with the annular recess (claim 3) 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.
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.
Claims 1, 3-10, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over UTTER (U.S. Patent 5,212,964 A) in view of CHEN (Chinese Patent Publication CN-205478294-U, a machine translation was provided in the PTO-892 Notice of References Cited and is utilized in the rejection below). Alternatively, claims 1, 3-10, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over UTTER, in view of CHEN, and in view of XU (Chinese Patent Publication CN 113530827 A).
Regarding claim 1, UTTER discloses: a scroll (76) for a scroll compressor (see Figure 9 and Abstract), comprising:
an end plate (see Marked up Figure 9 of UTTER) having a first surface (see Marked up Figure 9 of UTTER) and a second surface (see Marked up Figure 9 of UTTER) opposite to each other (see Marked up Figure 9 of UTTER);
a scroll wrap (see Marked up Figure 9 of UTTER) extending from the first surface of the end plate (see Marked up Figure 9 of UTTER); and
at least one oil hole (see Marked up Figure 9 of UTTER, that shows at least one oil hole that has first oil hole portion, second oil hole portion, third oil hole portion), comprising: a first oil hole portion (see Marked up Figure 9 of UTTER) extending in the end plate (see Marked up Figure 9 of UTTER), and a second oil hole portion (see Marked up Figure 9 of UTTER) extending from the first oil hole portion to a surface of the scroll wrap (see Marked up Figure 9 of UTTER that shows the oil is led to the surface of the other scroll wrap) through the end plate (see Marked up Figure 9 of UTTER);
wherein an annular recess (see Marked up Figure 9 of UTTER) formed in the second surface of the end plate (see Marked up Figure 9 of UTTER), the first oil hole portion extending from the annular recess in a direction away from a rotation axis of the scroll and being in communication with the annular recess (see Marked up Figure 9 of UTTER);
wherein the scroll further comprises a hub portion (see Marked up Figure 9 of UTTER) extending from the second surface of the end plate (see Marked up Figure 9 of UTTER), and the annular recess surrounds the hub portion (see Marked up Figure 9 of UTTER), and lies on a radial plane that intersects with a portion of the hub portion (the Examiner interpretates the claim broadly, where a hub by definition is the central part of a circular object, where the hub of UTTER is surrounded by the annular recess, as well as, it does lie on a radial plane that intersects with a portion of the hub portion. The radial plane does intersect the hub portion, since as shown in Marked up Figure 9 below, the arrow of the hub label is at a location that does lie such that a radial plane of the recess does intersect the hub portion (a dash dot line is added to the marked up Figure 9). The central portion (aka hub) is intersected by a radial plane from the recess, and therefore meets the claimed limitations).
UTTER fails to disclose at least one oil hole, comprising: the second oil hole portion extending to a strip-shaped surface of the scroll wrap away from the end plate through the end plate and the scroll wrap; and the second oil hole portion having an opening in the strip-shaped surface of the scroll wrap. UTTER discloses the second oil hole extends to the surface of the end plate to the surface of the other scroll wrap.
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Regarding claim 1, CHEN teaches: a scroll (2) for a scroll compressor (see Figures 4 and 5, and Abstract), comprising:
an end plate (22) having a first surface and a second surface opposite to each other (see Figures 2, 4, 5, and 8 that shows a first and second surfaces of the end plate);
a scroll wrap (22) extending from the first surface of the end plate (see Figures 2, 4, 5, and 8 2); and
at least one oil hole (222, 211, 213), comprising: a first oil hole portion (222) extending in the end plate (see Figures 2, 4, 5, and 8), and a second oil hole portion (211) extending from the first oil hole portion to a strip-shaped surface of the scroll wrap away from the end plate through the end plate and the scroll wrap (see Figures 1, 2, 4, 5, 7, and 8, Pages 4-6); the second oil hole portion having an opening in the strip-shaped surface of the scroll wrap (see Figures 1, 2, 4, 5, 7, and 8, and Pages 4-6).
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It would have been obvious to a person having ordinary skill in the art at the time of the invention was made to have at least one oil hole, comprising: the second oil hole portion extending to a strip-shaped surface of the scroll wrap away from the end plate through the end plate and the scroll wrap; and the second oil hole portion having an opening in the strip-shaped surface of the scroll wrap in the scroll of UTTER, in order to provide the advantages such as improving the performance and reliability of the scroll compressor while lubricating and reducing friction loss as taught by CHEN). Providing the second oil hole portion in the strip-shaped surface as taught by CHEN provides the advantage of lubricating the entire tip surface of the scroll versus adding oil to select locations in the scroll as disclosed by UTTER.
Alternatively, in the event that the annular recess of UTTER does not specifically disclose surrounding the hub portion, it is obvious based on XU.
Regarding claim 1, XU teaches: an annular recess (23’) connected to the first oil hole portion (see Figures 7 and 8 that shows (23’) is connected to (28’)) and that the annular recess (23’) surrounds the hub portion (see Figures 7 and 8).
It would have been obvious to a person having ordinary skill in the art at the time of the invention was made to have an annular recess that surrounds the hub portion in the modified scroll of UTTER/ CHEN, in order to feed oil to the second surface, which aids in reducing friction due to the oil. Furthermore, utilizing an annular recess that connects to a first oil hole portion is well-known in the art as evidence by XU. Utilizing well-known features requires only routine skill in the art and produces predictable results (i.e. the ability to provide to the second surface).
Regarding claim 3, UTTER disclose: the hub portion has an inner hole (see Marked up Figure 9 of UTTER), and the at least one oil hole (see Marked up Figure 9 of UTTER that shows the different oil hole portions) further comprises: a third oil hole portion (see Marked up Figure 9 of UTTER) extending from the inner hole of the hub portion to the annular recess in a direction away from the rotation axis of the scroll (see Marked up Figure 9 of UTTER), so as to communicate the inner hole of the hub portion with the annular recess (see Marked up Figure 9 of UTTER).
Regarding claim 4, UTTER discloses: the first oil hole portion extends along a plane perpendicular to a rotation axis of the scroll (see Marked up Figure 9 of UTTER), and the second oil hole portion extends in a direction parallel to the rotation axis of the scroll (see Marked up Figure 9 of UTTER).
Regarding claim 5, the modified scroll of UTTER/CHEN discloses the claimed invention including the second oil hole portion extends in a direction parallel to the rotational axis of the scroll (see Figures 2, 4, 5, and 8, and Marked up Figure 2 of CHEN and Marked up Figure 9 of UTTER).
Both UTTER and CHEN fail to disclose the first oil hole portion extends along a plane inclined relative to a rotational axis of the scroll (they both disclose a hole extending level relative to the rotational axis of the scroll.
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 first oil hole portion extends along a plane inclined relative to a rotational axis of the scroll in the modified scroll of UTTER/ CHEN, as a matter of design choice. Applicant has not provided the criticality of having the first oil hole portion being in an inclined relationship, and therefore, is a mere design choice. Having an opening that is inclined would require only routine skill in the art and produce predictable results (i.e. reducing the amount of machining due to an inclined hole would be the straight path to the second oil hole portion).
Regarding claim 6, UTTER discloses: the first oil hole portion extends in a radial direction of the scroll (see Marked up Figure 9 of UTTER).
Regarding claim 7, CHEN further discloses: the opening of the second oil hole portion is located in an outer end of the strip-shaped surface of the scroll wrap (see Figures 1, 2, 4, 5, 7, and 8, and Pages 4-6).
Regarding claim 8, CHEN further discloses: the opening of the second oil hole portion is spaced from an outer end of the strip-shaped surface of the scroll wrap by an angle of 175 to 185 degrees (see Figures 1 and 7, that shows the second oil hole portion is spaced from an outer end of the strip-shaped surface of the scroll wrap by an angle of 175 to 185 degrees, the Figure shows 180 degrees, which is within the range of 175 to 185 degrees, and therefore meets the claimed limitation).
Regarding claim 9, UTTER discloses: the at least one oil hole comprises multiple oil holes (see Marked up Figure 9 of UTTER that shows multiple oil holes), the opening of the second oil hole portion of a first oil hole among the multiple oil holes is located in an outer end of the strip- shaped surface of the scroll wrap (see Marked up Figure 9 of UTTER and rejection above that discloses where the combination of UTTER with CHEN results in having the “second oil holes” being located at the outer end of the strip-shaped surface of the scroll wrap), while the opening of the second oil hole portion of a second oil hole among the multiple oil holes is spaced from the opening of the second oil hole portion of the first oil hole by an angle of 175 to 185 degrees (see Figure 9 that shows the holes are at 180 degrees from one another, this is due to the section taken shows that the openings are symmetrical around the hub, which makes them 180 degrees from one another).
Regarding claim 10, CHEN further discloses: a strip-shaped groove located in the strip-shaped surface of the scroll wrap (see Figures 1, 2, 4, 5, 7, and 8), wherein the opening of the second oil hole portion is located on an outer side of the strip-shaped groove (see Figures 1, 2, 4, 5, 7, and 8, the Examiner would like to note that the limitation directed to “an outer side” of the strip-shaped groove is broadly interpreted, where the second oil hole portion is located at an outer side of the strip-shaped groove it meets the claimed limitation, where the outer side, is the outer side of the groove).
Regarding claim 12, CHEN further discloses: a strip-shaped groove located in the strip-shaped surface of the scroll wrap (see Figures 1, 2, 4, 5, 7, and 8), wherein the opening of the second oil hole portion is located on an outer side of the strip-shaped groove in a radial direction of the scroll wrap (see Figures 1 and 7 that show the opening is located in the radial direction of the scroll wrap, as well as, an outer side of the strip-shaped groove is shown in Figures 1, 2, 4, 5, 7, and 8).
Regarding claim 14, the modified scroll of UTTER/ CHEN or the modified scroll of UTTER/ CHEN/ XU discloses: the scroll according to claim 1 (see discussion above where UTTER, CHEN, and XU all utilizes scrolls).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the modified scroll of UTTER/ CHEN or the modified scroll of UTTER/ CHEN/ XU as applied to claim 7 above, and further in view of NIKAMI (Japanese Patent Publication JP 2010-270694, foreign reference was provided in the IDS filed on 1/28/2025).
Regarding claim 11, CHEN further discloses: a strip-shaped groove located in the strip-shaped surface of the scroll wrap (see Figures 1, 2, 4, 5, 7, and 8), however, fails to disclose the opening of the second oil hole portion is located on an outer side of an outer end of the strip- shaped groove in a circumferential direction of the scroll wrap.
Regarding claim 11, NIKAMI teaches: the opening of the second oil hole portion is located on an outer side of an outer end of the strip- shaped groove in a circumferential direction of the scroll wrap (see Figures 2-5 that shows the second oil hole portion (80) is located on an outer side of an outer end of the strip- shaped groove in a circumferential direction of the scroll wrap).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the opening of the second oil hole portion is located on an outer side of an outer end of the strip- shaped groove in a circumferential direction of the scroll wrap in the modified scroll of UTTER/ CHEN or the modified scroll of UTTER/ CHEN/ XU, since it has been held that rearranging parts of an invention involves only routine skill in the art. Furthermore, NIKAMI teaches locating the opening of the second oil hole portion is located on an outer side of an outer end of the strip- shaped groove in a circumferential direction of the scroll wrap, and therefore, it requires only routine skill in the art to locate the opening of the second oil hole in this location as well as, produce predictable results (i.e. the oil is supplied evenly by one oil supply hole to the compression chambers formed in both direction, and thereby, sealing performance is improved (see Abstract of NIKAMI)).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over the modified scroll of UTTER/ CHEN or the modified scroll of UTTER/ CHEN/ XU as applied to claim 9 above, and further in view of NIKAMI (Japanese Patent Publication JP 2010-270694, foreign reference was provided in the IDS filed on 1/28/2025).
Regarding claim 13, CHEN further teaches: a strip-shaped groove located in the strip-shaped surface of the scroll wrap (see Figures 2, 4, 5, and 8, and Marked up Figure 2 of CHEN), and the opening of the second oil hole portion of the second oil hole among the multiple oil holes is located on an outer side of the strip-shaped groove in a radial direction of the scroll wrap (see Figures 1 and 7 that show the opening is located in the radial direction of the scroll wrap, as well as, an outer side of the strip-shaped groove is shown in Figures 1, 2, 4, 5, 7, and 8).
Regarding claim 13, the modified scroll of UTTER/ CHEN or the modified scroll of UTTER/ CHEN/ XU fails to disclose: the opening of the second oil hole portion of the first oil hole among the multiple oil holes is located on an outer side of an outer end of the strip-shaped groove in a circumferential direction of the scroll wrap.
Regarding claim 13, NIKAMI teaches: the opening of the second oil hole portion is located on an outer side of an outer end of the strip- shaped groove in a circumferential direction of the scroll wrap (see Figures 2-5 that shows the second oil hole portion (80) is located on an outer side of an outer end of the strip- shaped groove in a circumferential direction of the scroll wrap).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the opening of the second oil hole portion of the first oil hole among the multiple oil holes is located on an outer side of an outer end of the strip-shaped groove in a circumferential direction of the scroll wrap in the modified scroll of UTTER/ CHEN or the modified scroll of UTTER/ CHEN/ XU, since it has been held that rearranging parts of an invention involves only routine skill in the art. Furthermore, NIKAMI teaches locating the opening of the second oil hole portion is located on an outer side of an outer end of the strip- shaped groove in a circumferential direction of the scroll wrap, and therefore, it requires only routine skill in the art to locate the opening of the second oil hole in this location as well as, produce predictable results (i.e. the oil is supplied evenly by one oil supply hole to the compression chambers formed in both direction, and thereby, sealing performance is improved (see Abstract of NIKAMI)).
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over the modified scroll of UTTER/CHEN or the modified scroll of UTTER/ CHEN/ XU as applied to claim 1 above, and further in view of SUN (Chinese Patent Publication CN 217002271 U, the foreign reference was provided in the IDS filed on 1/28/2025, and a machine translation is provided in the PTO-892 Notice of References cited and is utilized in the rejection below).
Regarding claim 15, UTTER discloses: a scroll compressor (see Figures 1, 3-7, 9, and 12, and Abstract), comprising:
a first scroll (this is the “scroll” in Marked up Figure 9 in the rejection above) comprising a first end plate and a first scroll wrap extending downwardly from the first end plate (see Marked up Figure 9);
a second scroll (see Marked up Figure 9) comprising a second end plate (see Marked up Figure 9) and a second scroll wrap (see Marked up Figure 9) extending upwardly from the second end plate (see Marked up Figure 9), the second scroll and the first scroll being engaged with each other to form a compression chamber for compressing a refrigerant (see Figure 9), the first scroll being the scroll according to claim 1; and a motor (40).
UTTER fails to disclose second scroll being the scroll according to claim 1 (UTTER discloses the first scroll wrap being the scroll in claim 1, as shown in Figure 9); a driving member located below the second scroll , the motor driving a rotation of the first scroll by the driving member, and the first scroll driving a rotation of the second scroll; and a bracket, on which the driving member being rotatably supported.
Regarding claim 15, SUN teaches: a scroll compressor (see Abstract), comprising:
a first scroll (5) comprising a first end plate (see Marked up Figure 1A of SUN) and a first scroll (wrap) (51) (see Marked up Figure 1A of SUN) extending downwardly from the first end plate (see Marked up Figure 1A of SUN);
a second scroll (6) (see Marked up Figure 1A of SUN) comprising a second end plate (see Marked up Figure 1A of SUN) and a second scroll wrap (62) (see Marked up Figure 1A of SUN) extending upwardly from the second end plate (see Marked up Figure 1A of SUN), the second scroll and the first scroll being engaged with each other to form a compression chamber for compressing a refrigerant (see Figure 1A and Abstract, Page 4);
a motor (7) (see Page 4);
a driving member (81) located below the second scroll (see Figure 1A, Page 4), the motor driving a rotation of the first scroll by the driving member (see Figure 1A, Page 4), and the first scroll driving a rotation of the second scroll (see Figure 1A, Pages 4-5); and
a bracket (4), on which the driving member being rotatably supported (see Figure 1A).
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It would have been obvious to a person having ordinary skill in the art at the time of the invention was made to have second scroll being the scroll according to claim 1; a driving member located below the second scroll , the motor driving a rotation of the first scroll by the driving member, and the first scroll driving a rotation of the second scroll; and a bracket, on which the driving member being rotatably supported.
in the modified scroll of UTTER/CHEN or the modified scroll of UTTER/ CHEN/ XU, since utilizing well-known designs of a dual rotating scroll compressor as taught by SUN requires only routine skill in the art to rearrange the working components in a dual rotating scroll compressor, as well as produces predictable results.
Regarding claim 16, SUN teaches: the driving member comprises: a hub portion (see Marked up Figure 1A of SUN) having an inner hole (see Marked up Figure 1A of SUN); and a flange portion (see Marked up Figure 1A of SUN) extending radially and outwardly from an end of the hub portion of the driving member (see Marked up Figure 1A of SUN), the second end plate of the second scroll being rotatably supported on the flange portion of the driving member (see Marked up Figure 1A of SUN, Page 4).
Regarding claim 17, SUN teaches: a scroll cover comprising (see Marked up Figure 1A of SUN, where the scroll cover and the first end plate are integral with one another): an end plate (see Marked up Figure 1A of SUN) having a central hole (see Marked up Figure 1A of SUN); and a cylindrical portion (see Marked up Figure 1A of SUN) extending downwardly from an outer periphery of the end plate (see Marked up Figure 1A of SUN), the cylindrical portion of the scroll cover being connected with the flange portion of the driving member (see Marked up Figure 1A of SUN).
SUN teaches the claimed limitations, however, fails to teach the end plate of the scroll cover being connected with the first end plate of the first scroll, since these components are integral with one another.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the end plate of the scroll cover be separate from the first end plate, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art.
Regarding claim 18, SUN further teaches: the first scroll comprises a scroll cover casted integrally therewith (see Marked up Figure 1A of SUN), the scroll cover comprising: an end plate having a central hole (see Marked up Figure 1A of SUN); and a cylindrical portion (see Marked up Figure 1A of SUN) extending downwardly from an outer periphery of the end plate (see Marked up Figure 1A of SUN), the cylindrical portion of the scroll cover being connected with the flange portion of the driving member (see Marked up Figure 1A of SUN and Page 4), and the end plate of the scroll cover being connected with the first end plate of the first scroll (see Marked up Figure 1A of SUN).
Regarding claim 19, SUN further teaches: a fixed shaft (9), a lower end of which being fixed to the bracket (see Marked up Figure 9), the hub portion of the driving portion being rotatably mounted on the fixed shaft (see Marked up Figure 1A of SUN).
Regarding claim 20, UTTER further discloses: the second scroll further comprises:
an annular recess (see Marked up Figure 9 of UTTER) formed in the second surface of the end plate (see Marked up Figure 9 of UTTER), the first oil hole portion extending from the annular recess in a direction away from a rotation axis of the scroll and being in communication with the annular recess (see Marked up Figure 9 of UTTER).
Response to Arguments
The amendment to claim 15 has resolved the 112(b) rejection, which is hereby withdrawn.
Applicant argues the objection to the drawings stating that they do not need to furnish a drawing due to “where necessary for the understanding of the subject matter sought to be patented (emphasis added)”. The statement specifically states that drawings are required for elements that are “sought to be patented”. The applicant can cancel the claim limitations or amend the drawings, since any claim limitation is considered to be what applicant intends “to be patented”. The Examiner has maintained the drawing objection. The Examiner would like to note that this specific objection has been brought up many times, and I have seen a person going through the program to have this issue flagged by the review where even an alternative (emphasis added) embodiment needed to be shown (for example, A or B, where both A and B must be shown). The Annotated Figure 4 on Page 7 of the Remarks would be an acceptable representation of claim 3 and would be acceptable to add as a new figure or as a dashed hole in Figure 4 with appropriate recitations in the specification.
Claim 1 was amended to include the annular recess lies on a radial plane that intersects with a portion of the hub portion. Applicant has annotated multiple figures on Pages 9 and 10 to argue that UTTER does not have the recess on a radial plane that intersects with a portion of the hub portion. The Examiner respectfully disagrees and has put forth why UTTER does disclose this limitation (see above). The Examiner would like to note that the Applicant uses the specific location of the annular recess to state that the annular recess “surrounds the hub portion” and “lies on a radial plane that intersects with a portion of the hub portion” in the current application, however, has not utilized the same interpretation in UTTER. The Examiner has reproduced the Annotated Figure 3 found on Page 10 of the Remarks and has amended Figure 9 of UTTER using the same interpretation of the location that was used by the Applicant for the current application to show that UTTER does meet the claimed limitations.
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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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
Prosecution Insights