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 .
Election/Restrictions
Applicant’s election without traverse of species A, Figure 1, claims 1-11 and 16-20 in the reply filed on February 18, 2026 is acknowledged. Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. It is important that the abstract not exceed 150 words in length since the space provided for the abstract on the computer tape used by the printer is limited. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
The abstract of the disclosure is objected to because it is in single sentence claim format. Correction is required. See MPEP § 608.01(b).
Claim Objections
Claims 18-20 are objected to because of the following informalities:
In claim 18 line 2, “a first scroll flow path” would be clearer if written as --the scroll flow path-- as already recited in claim 16 from which claim 17 ultimately depends. Furthermore, “the first scroll flow path” in lines 4-5 would be clearer if written as --the scroll flow path--.
In claim 20 line 2, “part formed” would be clearer if written as --part is formed--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the first flow path forming member (member is a generic placeholder coupled to the function of guiding a part of the fluid compressed by the impeller to the turbine) in claims 1 and 9 and the second flow path forming member (member is a generic placeholder coupled to the function of guiding the fluid acting on the turbine to the fluid intake port) in claim 1 and 2.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2019/0041124 to Berti in view of U. S. Patent Publication 2016/0290363 to Nishihara.
Referring to claim 1, Berti teaches a compressor comprising:
an electric motor (35); a rotating shaft (5) configured to be driven by the electric motor (35); an impeller (in 37.1-37.4) attached to the rotating shaft (5) and configured to compress a fluid supplied; a turbine (27) attached to the rotating shaft (5); a fluid intake port of the impeller; a first flow path forming member including a first flow path guiding a part of the fluid compressed by the impeller (in 37.1-37.4) to the turbine (27); and a second flow path forming member including a second flow path guiding the fluid after acting on the turbine (27) to the fluid intake port (Fig. 5, annotated below; paragraphs [0035]-[0037] and [0055]).
[AltContent: textbox (Return Pipe)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Discharge Flow Path)][AltContent: arrow][AltContent: textbox (Second Flow Path Forming Member/Second Flow Path)][AltContent: textbox (First Flow Path Forming Member/First Flow Path)][AltContent: arrow][AltContent: textbox (Turbine Inlet)][AltContent: textbox (Impeller Fluid Intake Port)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Turbine Outlet)][AltContent: arrow]
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Annotation of Berti Figure 5.
Berti does not teach a second flow path forming member consistent with the above claim interpretation. Nishihara teaches a compressor comprising:
a second flow path forming member (11) (Fig. 2; paragraphs [0025]-[0026]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Berti with the location of the second flow path/second flow path forming member taught by Nishihara in order to use the second flow to remove heat generated by the motor (paragraphs [0025]-[0026]).
Referring to claim 2, Berti and Nishihara teach a compressor comprising all the limitations of claim 1, as detailed above, but Berti does not teach the second flow path forming member housing the impeller and turbine. Nishihara teaches a compressor wherein:
the second flow path forming member (11) houses an impeller (30, 31) and a turbine (20) (Fig. 2; paragraphs [0025]-[0026]).
Referring to claim 3, Berti and Nishihara teach a compressor comprising all the limitations of claim 1, as detailed above, but Berti does not teach the electric motor is located in the second flow path. Nishihara teaches a compressor wherein:
an electric motor (40) is located in a second flow path (inside 11) (Fig. 2; paragraphs [0025]-[0026]).
Referring to claim 4, Berti and Nishihara teach a compressor comprising all the limitations of claim 1, as detailed above, but Berti does not teach the electric motor and the rotating shaft located in the second flow path. Nishihara teaches a compressor wherein:
an electric motor (40) and a rotating shaft (50) are located in the second flow path (inside 11) (Fig. 2; paragraphs [0025]-[0026]).
Referring to claim 5, Berti and Nishihara teach a compressor comprising all the limitations of claim 1, as detailed above, but Berti does not teach wherein the second flow path is located between the turbine and the impeller, and extends along the rotating shaft. Nishihara teaches a compressor wherein:
the second flow path (inside 11) is located between a turbine (20) and an impeller (30, 31), and extends along a rotating shaft (50) (Fig. 2; paragraphs [0025]-[0026]).
Referring to claim 6, Berti and Nishihara teach a compressor comprising all the limitations of claim 1, as detailed above, and Berti further teaches a compressor wherein:
a turbine outlet of the turbine (27), wherein the second flow path is fluidly coupled with the turbine outlet and the fluid intake port (Fig. 5, annotated above; paragraphs [0035]-[0037] and [0055]).
Referring to claim 7, Berti and Nishihara teach a compressor comprising all the limitations of claim 1, as detailed above, but Berti does not teach the second flow path located between the turbine outlet and the fluid intake port in an axial direction of the rotating shaft. Nishihara teaches a compressor wherein:
the second flow path (inside 11) is located between a turbine outlet (on top of 20) and a fluid intake port (bottom of 31) in an axial direction of a rotating shaft (50) (Fig. 2; paragraphs [0025]-[0026]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Berti with the location of the second flow path taught by Nishihara in order to use the flow to remove heat generated by the motor (paragraphs [0025]-[0026]).
Referring to claim 8, Berti and Nishihara teach a compressor comprising all the limitations of claim 6, as detailed above, but Berti does not teach an introduction flow path. Nishihara teaches a compressor wherein:
a second flow path forming member (11) includes an introduction flow path (12) fluidly coupled with the second flow path (inside 11) at a position adjacent (slightly upstream and therefore nearby which is adjacent) to the turbine outlet (top of 20) (Fig. 2; paragraphs [0025]-[0026]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Berti with the location of the second flow path taught by Nishihara in order to use the flow to remove heat generated by the motor (paragraphs [0025]-[0026]).
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2019/0041124 to Berti in view of U. S. Patent Publication 2016/0290363 to Nishihara and U. S. Patent Publication 2022/0056953 to Fujimoto.
Referring to claim 9, Berti and Nishihara teaches a compressor comprising all the limitations of claim 1, as detailed above, but do not teach a valve located in the first flow path forming member. Fujimoto teaches a compressor comprising:
a valve (150a) located in a first flow path forming member (member forming passage comprising 150a) and configured to adjust a flow rate of fluid flowing in the first flow path (Fig. 1; paragraphs [0056] and [0057]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Berti with the valve taught by Fujimoto in order to regulate the temperature of the motor (paragraph [0057]).
Referring to claim 10, Berti, Nishihara and Fujimoto teach a compressor comprising all the limitations of claim 9, as detailed above, but Berti and Nishihara do not teach a valve located in the first flow path forming member, a controller or a sensor. Fujimoto further teaches a compressor comprising:
a temperature acquisition sensor (150b) configured to acquire a motor temperature of the electric motor (114); and a valve control (150) configured to control the valve based on the motor temperature acquired by the temperature acquisition sensor (150b) (Fig. 1; paragraphs [0056] and [0057]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Berti with the sensor and control taught by Fujimoto in order to regulate the temperature of the motor (paragraph [0057]).
Referring to claim 11, Berti, Nishihara and Fujimoto teach a compressor comprising all the limitations of claim 10, as detailed above, but Berti and Nishihara do not teach a valve located in the first flow path forming member, a controller or a sensor. Fujimoto further teaches a compressor wherein:
the temperature acquisition sensor (150b) is configured to acquire a first motor temperature of the electric motor (114), and a second motor temperature of the electric motor (114), which is higher than the first motor temperature, and wherein the valve control (150) controls the valve (150a) such that when the motor temperature is at the second motor temperature, the flow rate of the fluid flowing in the first flow path (through 150a) is greater than the flow rate when the motor temperature is at the first motor temperature (Fig. 1; paragraphs [0056] and [0057]).
Claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2019/0041124 to Berti in view of U. S. Patent Publication 2020/0259193 to Sakota.
Referring to claim 16, Berti teaches a compressor comprising:
an electric motor (35); a rotating shaft (5) configured to be driven by the electric motor (35); an impeller (in 37.1) attached to the rotating shaft (5) and configured to compress a fluid supplied; a turbine (27) attached to the rotating shaft (5); a fluid intake port of the impeller (in 37.1); a turbine outlet of the turbine (27); a first flow path guiding part of the fluid compressed by the impeller (in 37.1) to the turbine (27); and a second flow path fluidly coupled with the turbine outlet and the fluid intake port (Fig. 5, annotated below; paragraphs [0035]-[0037] and [0055]).
Berti teaches that compressor stages 37.1-37.4 comprise impellers and diffusers (paragraph [0037]), but is otherwise silent as to the details thereof and as to the turbine. Sakota teaches a compressor comprising:
a scroll flow path (32c) arranged around an impeller (31); and a turbine scroll flow path (22b) located around a turbine (21) (Fig. 2; paragraphs [0027] and [0028]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Berti with the scrolls taught by Sakota in order to direct/control the flow of fluid downstream of/from the compressor and turbine.
Referring to claim 17, Berti and Sakota teach a compressor comprising all the limitations of claim 16, as detailed above, and Berti further discloses a compressor comprising:
a second impeller (in 37.2) attached to the rotating shaft (5) and configured to compress the fluid supplied; a coupling flow path fluidly coupled with the impeller (in 37.1) and the second impeller (in 37.2) (in order for 37.1 and 37.2 to operate as stages as disclosed, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art that there must be a coupling flow path) (Fig. 2; paragraphs [0027] and [0028]).
Referring to claim 18, Berti and Sakota teach a compressor comprising all the limitations of claim 17, as detailed above, and Berti teaches that compressor stages 37.1-37.4 comprise impellers and diffusers (paragraph [0037]), but is otherwise silent as to the details thereof. Sakota further teaches a compressor comprising scroll flow paths located around compressor impellers (Fig. 2; paragraphs [0027] and [0028]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Berti with a scroll around all the compressor impellers, and as such a second scroll flow path located around the second impeller, as taught by Sakota in order to direct/control the flow of fluid downstream of/from the compressor.
In the above combination which includes the stages of Berti each having a scroll as taught by Sakota, wherein the stages of Berti must have a coupling flow path therebetween in order to operate as stages as disclosed by Berti. The coupling flow path of Berti must therefore be fluidly coupled with the scroll flow path and the second scroll flow path when combined with Sakota in the combination above.
Referring to claim 19, Berti and Sakota teach a compressor comprising all the limitations of claim 18, as detailed above, and Berti further teaches a compressor comprising:
a discharge flow path fluidly coupled with the second impeller (in 37.2) and the first flow path, wherein the first flow path is fluidly coupled with the turbine (27) (Fig. 5, annotated above; paragraphs [0035]-[0037] and [0055]).
Berti is silent as to scrolls for the impellers and turbine. Sakota further teaches a compressor comprising:
a scroll flow path (32c) arranged around an impeller (31); and a turbine scroll flow path (22b) located around a turbine (21) (Fig. 2; paragraphs [0027] and [0028]).
The above combination includes the stages and turbine of Berti each having a scroll as taught by Sakota, therefore the combination teaches a second scroll flow path connected to the first flow path by the discharge flow path as claimed.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2019/0041124 to Berti in view of U. S. Patent Publication 2020/0259193 to Sakota and U. S. Patent Publication 2022/0056953 to Fujimoto.
Referring to claim 20, Berti and Sakota teach a compressor comprising all the limitations of claim 16, as detailed above, and Berti further teaches a compressor comprising:
a return pipe connected to a housing (3) and including a portion of the first flow path (Fig. 5, annotated above; paragraphs [0035]-[0037] and [0055]).
Berti and Sakota do not teach the housing comprising the second flow path. Nishihara teaches a compressor comprising:
a housing (11) in which a second flow path (between turbine 20 and compressor 31) is formed (Fig. 2; paragraphs [0025]-[0026]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the compressor taught by Berti with the location of the second flow path taught by Nishihara in order to use the flow to remove heat generated by the motor (paragraphs [0025]-[0026]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Alamaki, Snell and Holden teach similar compressors as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-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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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746