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 .
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: RADIAL PISTON COMPRESSOR WITH ECCENTRIC SHAFT AND THRUST WASHER ARRANGEMENT
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 edge ribs of claim 27 must be shown (and designated numerically) 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 § 112
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 21, 25-26, 30 and 32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 21 recites that the “eccentric shaft includes an eccentric disk”; however, this appears redundant as the same limitations appears in claim 1. Examiner requests clarification. In claims 25-26 and 32 the use of “in particular” makes any associated limitation indefinite because the nature of using “in particular” expresses a preference without necessarily making that preference a requirement. Examiner requests clarification with respect to these phrases but will ignore for purposes of this examination any phrases associated with “in particular” in claims 25-26 and 32. In claim 30, “the elements” has no antecedent basis; Examiner requests clarification.
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.
(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.
Claim(s) 16-18, 20-21, 24, 26-31 and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB577423A (‘423).
Claim 16: ‘423 discloses a radial piston compressor comprising an eccentric shaft (5/6) with a rotational axis, including an eccentric disk (5) with an eccentric bearing (9) ; at least one piston-working chamber combination (1) which extends radially from the eccentric shaft; and a housing (note housing around 1); wherein the piston-working chamber combination includes a working chamber (note chamber above 1) and a piston (1) which is displaceable in the working chamber along a piston axis and which can be driven by the eccentric shaft (Fig. 1); wherein a swivel segment (8) is arranged between the eccentric bearing and the piston (Figs. 1-2); wherein the eccentric bearing and the swivel segment are axially fixed at least in portions between a first thrust washer (note one of 12) and a second thrust washer (note other of 12); wherein at least one of the thrust washers is rotationally fixedly connected to the housing (see page 3, col. 1, lines 12-14).
Claim 17: ‘423 further discloses that both thrust washers are rotationally fixedly connected to the housing (as can be appreciated from page 3, col. 1, lines 12-14; Fig. 1).
Claim 18: ‘423 further discloses that at least two piston-working chamber combinations are arranged in a star shape around the eccentric shaft (see, e.g., Fig. 2).
Claim 20: ‘423 further discloses that the radial piston compressor forms a low-pressure region and a high-pressure region (Examiner assigning the region near the inherent ports which supply or convey pumping fluid into the pumping chamber as the high/low pressure region).
Claim 21: ‘423 further discloses that the eccentric shaft includes an eccentric disk (Fig. 3), wherein the width of the eccentric bearing is greater than the width of the eccentric disk (Fig. 1).
Claim 24: ‘423 further discloses that a contact face is provided between the at least one thrust washer and the housing (Fig. 1, note contact between 12 and adjacent housing), wherein the contact face is oriented plane-parallel to at least one piston axis or the piston axes (Fig. 1).
Claim 26: ‘423 further discloses a thrust washer face (Fig. 1, note radial face of 12) is plane-parallel to a contact face between the housing and the thrust washer on a high-pressure side (Fig. 1).
Claim 27: ‘423 further discloses an eccentric bearing (9) is provided with edge ribs (8) for a needle cage (note mention of needle bearing on page 3, col. 1, lines 27-28) of the eccentric bearing.
Claim 28: ‘423 further discloses a clearance is provided for the thrust washers (Fig. 1, note interior clearance on radial outermost end of the thrust washers).
Claim 29: ‘423 depicts (Fig. 1) the thrust washers being fixed relative to the housing in a frictionally fitted manner and would necessarily be removable from the housing itself.
Claim 30: ‘423 further discloses that the thrust washers fixed relative to the housing are provided with plane-parallel axial contact faces (Fig. 1) for the elements (Examiner interprets the elements to be self-referential) to be secured (as can be appreciated from Fig. 1, the thrust washers in Fig. 1 are secured).
Claim 31: ‘423 further discloses that the thrust washers themselves are provided with a plane-parallel contact to the housing (Fig. 1).
Claim 33: 423 further discloses that the thrust washers fixed relative to the housing are provided with an angular orientation relative to the housing (Fig. 1, Examiner noting that some of the housing faces are perpendicular with the thrust washer faces, which would provide for a 90 degree angular orientation between the two faces).
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(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over GB 577423A (‘423) in view of GB580320A (‘320).
Claim 19: ‘423 discloses the previous limitations. ‘423 is not explicit about seven piston-working chamber combinations are arranged in a star shape around the eccentric shaft. However, ‘320 teaches a pump/compressor which uses seven piston-working chamber combinations are arranged in a star shape around the eccentric shaft (see Fig. 2). It would have been obvious before the effective filing date of the invention to utilize seven piston-working chambers in order to increase compressor/pump output.
Allowable Subject Matter
Claims 22-23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 25 and 32 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.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 22, the prior art of record does not further disclose or reasonably teach in combination that at least one thrust washer is fastened to the housing by screw connections including fastening bores, wherein the fastening bores are arranged coaxially around the rotational axis, wherein the angle between the fastening bores advantageously corresponds to an integral multiple of the number of pistons.
Regarding claim 23, the prior art of record does not further disclose or reasonably teach in combination that both thrust washers are fastened to the housing by screw connections including fastening bores, wherein the fastening bores are arranged coaxially around the rotational axis, wherein the angle between the fastening bores advantageously corresponds to an integral multiple of the number of pistons.
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
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