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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 12, 2026 has been entered.
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, 4, 6, 7, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over STOVER (U.S. Patent 10,378,542 B2) in view of JIN (U.S. Patent 10,458,412 B2).
Regarding claim 1, STOVER discloses: a scroll compressor (see Figure 7, and Abstract) comprising:
a casing (12, 28, 30, 34);
a high/low pressure separation cover (32) dividing an inside of the casing into a low pressure portion (37) and a high pressure portion (36), and having a fastening hole (see Figure 7 that shows a fastening hole that the bimetal valve (431) is inserted into);
a fixed scroll (406, 418) disposed at the low pressure portion (see Figures 1 and 7);
an orbiting scroll (104, 108) which engages with the fixed scroll and orbits and which forms a compression chamber with the fixed scroll (see Figures 1 and 7, Column 8, lines 47-59, Column 5, line 45-Column 6, line 9);
a motor (16) to transmit a driving force to the orbiting scroll (see Figure 1, Column 5, lines 38-61);
an overheating prevention device (727) coupled to the high/low pressure separation cover (see Figure 7), and including:
a body (446, 438) being coupled to the fastening hole of the high/low pressure separation cover (see Figure 7), the body including a valve seat (see Figures 5A and 5B that shows the design of the overheating prevention device where (446) is at the end that the valve contacts (see Figure 5A)) in a bottom surface of the body (see Figures 5A and 5B) and disposed at a position lower than an upper surface of the high/low pressure separation cover (see Figure 7), and a refrigerant discharge hole (447) through the bottom surface of the body to thereby allow the high pressure portion to communicate with the low pressure portion (see Figures 5A, 5B, and 7, Column 11, line 29 – Column 12, line 6),
a bimetal valve (Column 1, lines 65-67, Column 2, lines 65-68, Column 9, line 60 – Column 10, line 18, claim 3), and
a housing (434) coupled to the body to restrict the bimetal valve to movement in an axial direction (see Figures 5A, 5B, and 7 that shows the housing restricts the bimetal valve to movement in an axial direction),
such that the bimetal valve selectively opens and closes the refrigerant discharge hole according to a temperature of the high pressure portion and such that a high temperature refrigerant in the high pressure portion is discharged downward through the refrigerant discharge hole to the low pressure portion based on the temperature of the high pressure portion being equal to or greater than a certain temperature (see Figures 5A, 5B, and 7, Column 10, lines 29-62); and
an overload breaker (754, 756) which is disposed at the low pressure portion (see Figure 7), and which is operated by the high temperature refrigerant discharged downward through the refrigerant discharge hole to turn the motor off (see Figure 7, Column 11, line 39-Column 12, line 6),
wherein the body of the overheating prevention device is disposed at an upper side of the overload breaker such that the high temperature refrigerant discharged downward through the refrigerant discharge hole is directed to the overload breaker (see Figure 7, Column 11, line 39-Column 12, line 6).
STOVER discloses the valve having a bi-metal inside the valve that moves the valve stem and valve plate to move up (close position) and down (to open position) where a valve seat (446) is located fully below the upper surface of the high/low pressure separation cover (see Figure 7). STOVER fails to disclose an overheating prevention device with a body made of an insulation material, a sealing member, made of an insulation material, between the high/low pressure separation cover and the body and configured to prevent leaking of refrigerant between the high pressure portion and the low pressure portion and heat conduction from the high/low pressure separation cover to the body; a bimetal valve seated on the valve seat so as to be positioned at a boundary portion between the high pressure portion and the low pressure portion and fully below the upper surface of the high/low pressure separation cover.
Regarding claim 1, JIN teaches:
an overheating prevention device (180) including:
a body (181) made of an insulation material (see Figures 5A and 5B, Column 7, lines 59-67),
a sealing member (184), made of an insulation material (Column 8, lines 28-43), between the high/low pressure separation cover and the body and configured to prevent leaking of refrigerant between the high pressure portion and the low pressure portion and heat conduction from the high/low pressure separation cover to the body (see Figures 5A and 5B, Column 8, lines 28-43);
a bimetal valve (185) seated on the valve seat (see Figure 5A that shows the valve seated on the valve seat) so as to be positioned at a boundary portion between the high pressure portion and the low pressure portion (see Figures 5A and 5B).
It would have been obvious to a person having ordinary skill in the art at the time of the invention was made to have swapped the valve of STOVER in the scroll compressor for the valve of JIN, since a substitution of one known element (i.e. a bi-valve of STOVER) for another known element (i.e. a bi-valve of JIN) requires only routine skill in the art and would have produced predictable results (i.e. to control the overheating prevention device, where in Sakraida v. AG Pro, Inc., 425 U.S. 273 (1976) as cited in KSR: “the Court derived from the precedents the conclusion that when a patent “simply arranges old elements with each performing the same function it had been known to perform” and yields no more than one would expect from such an arrangement, the combination is obvious.” KSR Int’l Co. v. Teleflex Inc., 82 USPQ2d 1395 (U.S. 2007).) Furthermore, the valve of JIN has advantages since it is made of a insulation material and a sealing member, providing the advantages of insulating the valve from the heat transfer from the high/low pressure separation cover, and seal between the high/low pressure separation cover so that only when the valve is opened is the working fluid allowed to go from the high pressure side to the low pressure side of the separation cover.
JIN discloses that the valve seat is so as to be positioned at a boundary portion between the high pressure portion and the low pressure portion (see Figures 5A and 5B), however, fails to disclose that the valve seat is fully below the upper surface of the high/low pressure separation cover. STOVER discloses the valve seat for its overheating prevention device to be located fully below the upper surface of the high/low pressure separation cover (see Figure 7).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the valve seat is fully below the upper surface of the high/low pressure separation cover, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claim 4, JIN further teaches: the bimetal valve includes a protrusion (185c) configured to close the refrigerant discharge hole (see Figure 5A that shows a protrusion at the center of the bimetal valve that closes the refrigerant discharge hole (181a), Column 8, lines 28-43).
Regarding claim 6, STOVER further discloses: the body of the overheating prevention device is couplable to the high/low pressure separation cover in a direction from an inside of the high/low pressure separation cover to an outside of the high/low pressure separation cover (see Figure 7).
Regarding claim 7, STOVER further discloses: the body of the overheating prevention device is thread-fastened to the fastening hole of the high/low pressure separation cover (Column 6, lines 35-47).
Regarding claim 11, JIN further teaches: the bimetal valve includes a refrigerant passage hole (185d) disposed around the protrusion. (see Figures 5A and 5B, Column 8, line 66 – Column 9, line 7).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over the modified scroll compressor of STOVER/ JIN as applied to claim 6 above, and further in view of KR’054 (Korean Patent Publication KR 100297054 B1, a machine translation is provided with the foreign patent publication in the PTO-892 Notice of References cited and is utilized in the rejection below).
Regarding claim 8, the modified scroll compressor of STOVER/JIN fail to disclose an internal pressure relief (IPR) valve coupled to the high/low pressure separation cover, wherein a coupling direction the IPR valve to the high/low pressure separation cover is a same direction as a coupling direction of the body of the overheating prevention device to the high/low pressure separation cover.
Regarding claim 8, KR’054 teaches: an internal pressure relief (IPR) valve (21) coupled to the high/low pressure separation cover (2) (see Figure 3, top of Page 4).
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 internal pressure relief (IPR) valve coupled to the high/low pressure separation cover, wherein a coupling direction the IPR valve to the high/low pressure separation cover is a same direction as a coupling direction of the body of the overheating prevention device to the high/low pressure separation cover in the modified scroll compressor of STOVER/ JIN, in order to prevent excessive pressure discharged and that the pressure is in a constant region (see Top of Page 4 of KR’054). Furthermore, having an internal pressure relief (IPR) valve in a scroll compressor is well-known in the art as evidence KR’054, where it requires only routine skill in the art to have an internal pressure relief (IPR) valve in a scroll compressor, as well as produces predictable results (i.e. protecting the scroll compressor from excessive pressure).
The combination of STOVER/ JIN /KR’054 as discussed above in claim 8/6/1, where the overheating prevention device is coupled to the high/low pressure separation cover from the inside to the outside, thereby, the resulting combination as discussed above in claim 6 with the additional IPR valve discussed in claim 8 would result in a direction coupling the IPR valve to the high/low pressure separation cover is the same direction as a direction coupling the body of the overheating prevention device to the high/low pressure separation cover. Furthermore, attaching valves to the high/low pressure separation cover in the same direction would require only routine skill in the art, and produce predictable results (i.e. ease of assembly).
Regarding claim 9, the modified scroll compressor of STOVER/ JIN / KR’054 discloses the claimed invention including a lower portion of the body of the overheating prevention device is provided with a first grip surface to which a wrench is coupled (see Figure 5 of KR’054), and
a lower part of the IPR valve (Figure 3 of KR’054) is provided with a second grip surface, however, STOVER, JIN, and KR’054 fail to disclose that the second grip surface is in the same size as that of the first grip surface.
It would have been an obvious matter of design choice to make the different portions of the first and second grip surfaces of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results.
Claims 12, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over JIN.
Regarding claim 12, JIN discloses: an overheating prevention device (108) coupled to a high/low pressure separation cover (115) dividing an inside of a casing (110) of a scroll compressor (see Abstract and Figure 3) into a low pressure portion (113) and a high pressure portion (112), and having a fastening hole (see Figures 3-6, the Examiner would like to note that the claim is directed to the overheating prevention device, where the other elements presented (i.e. the high/low pressure separation cover , casing, scroll compressor, fastening hole, low pressure portion, and high pressure portion are considered as an environment, where the claim appears to only limit the overheating prevention device, thereby the other elements or limitations directed to those elements are considered as an environment and given no weight) the overheating prevention device comprising:
a body (181, 182, 183) made of an insulation material (see Figures 5A and 5B, Column 7, lines 59-67) and being coupled to the fastening hole of the high/low pressure separation cover (see Figures 3-6, as discussed above, the claim is only directed to an overheating prevention device, where the fastening hole is considered as the environment, and therefore, if it is capable of attaching to a hole, the prior art meets the claimed limitation), the body including a refrigerant discharge hole (181a) through a bottom surface of the body (see Figures 5A, 5B, and 6) to thereby allow the high pressure portion to communicate with the low pressure portion (see Figures 3 and 5B that shows the different sides of the overheating prevention device communicate the high pressure portion with the low pressure portion) and through which high temperature refrigerant in the high pressure portion is dischargeable downward to the low pressure portion (see Figure 3 and 5B), and a valve seat in a bottom surface of the body (see Figures 5A and 6 that shows a valve seat in a bottom surface of the body (182)) and on an upper side of the refrigerant discharge hole (see Figure 3);
a sealing member (184), made of an insulation material (Column 8, lines 28-43), between the high/low pressure separation cover and the body and configured to prevent leaking of refrigerant between the high pressure portion and the low pressure portion and heat conduction from the high/low pressure separation cover to the body (see Figures 5A and 5B, Column 8, lines 28-43);
a bimetal valve (185) seated on the valve seat (see Figure 5A that shows the valve seated on the valve seat), the bimetal valve including a protrusion (185c) which selectively opens and closes the refrigerant discharge hole according to a temperature of the high pressure portion (see Figure 5A that shows a protrusion at the center of the bimetal valve that closes the refrigerant discharge hole (181a), Column 8, lines 28-43), and a refrigerant passage hole positioned around the protrusion (see Figures 5A, 5B, and 6); and
a housing (186) coupled to the body to restrict the bimetal valve to movement in an axial direction (see Figures 5A, 5B, and 6, Column 8, lines 44-52).
JIN discloses the claimed limitation, however, fails to specifically disclose that the valve seat is disposed at a position lower than an upper surface of the high/low pressure separation cover, and the bimetal valve is fully below the upper surface of the high/low pressure separation cover in the embodiment shown in Figures 3-6.
JIN does teach in related art (Figures 1, 2A, and 2B) that the valve seat (the valve seat is shown in Figure 2A where the protrusion in the center of (81) is connected to) is disposed at a position lower than an upper surface of the high/low pressure separation cover (15) (see Figures 1 and 2A), and the bimetal valve (81) is fully below the upper surface of the high/low pressure separation cover (see Figures 2A and 2B).
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 valve seat is disposed at a position lower than an upper surface of the high/low pressure separation cover, and the bimetal valve is fully below the upper surface of the high/low pressure separation cover in the embodiment shown in Figures 3-6 of JIN, since it has been held that rearranging parts of an invention involves only routine skill in the art. In addition, the prior art recognized by JIM teaches locating the valve seat and bimetal valve to be fully below the upper surface of the high/low pressure separation cover, thereby, requiring only routine skill in the art to relocate the valve seat and bimetal valve at that location.
Regarding claim 13, JIN further discloses: the bimetal valve is positioned at a boundary portion between the high pressure portion and the low pressure portion (see Figures 1-6).
Regarding claim 15, JIN further discloses: the body of the overheating prevention device is thread fastenable to the fastening hole of the high/low pressure separation cover (Column 9, lines 8-13) in a direction from an inside of the high/low pressure separation cover to an outside of the high/low pressure separation cover (see Figures 5A, 5B, and 6).
The Examiner would like to point out that claims 12, 13, and 15 recite limitations directed to the placement of the overheating prevention device, which is part of the environment that the overheating prevention device is in. Since the valve of JIN is capable of being attached at the claimed location in the compressor, JIN meets the claimed limitation. The Examiner has combined the different embodiments of JIN to show that it is well known to locate the overheating prevention device in this environment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4, 6-9, 11-13, and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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
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