Prosecution Insights
Last updated: August 17, 2026
Application No. 19/253,399

ROTARY COMPRESSOR AND REFRIGERATION APPARATUS

Final Rejection §102§103
Filed
Jun 27, 2025
Priority
Mar 29, 2023 — JP 2023-053770 +1 more
Examiner
BOGUE, JESSE SAMUEL
Art Unit
3746
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Daikin Industries Ltd.
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
1y 4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
893 granted / 1127 resolved
+9.2% vs TC avg
Strong +21% interview lift
Without
With
+20.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
23 currently pending
Career history
1143
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
46.8%
+6.8% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
20.0%
-20.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1127 resolved cases

Office Action

§102 §103
DETAILED ACTION The Amendment filed 6/17/2026 has been entered. Claims 1-10 remain pending in the application. 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. Claims 1,4 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent 7381039 to Sato. As to claim 1, Sato discloses A rotary compressor comprising: a first head (54); a first cylinder having a first cylinder chamber (38,46); a middle plate (36); a second cylinder having a second cylinder chamber (40,48); a second head (56); a first piston eccentrically rotatable in the first cylinder chamber (46); a second piston eccentrically rotatable in the second cylinder chamber (48); a first suction pipe (92) connected to the first cylinder to suck a fluid into the first cylinder chamber; an in head suction passage (60) provided in the second head and communicating with the second cylinder chamber; a second suction pipe (94) connected to the second head to suck a fluid into the second cylinder chamber through the in head suction passage; and a second suction passage (161) extending from an inner wall surface of the second cylinder chamber (of 48) outward in a radial direction of the second cylinder, the second suction passage opening on a surface facing the second head (bottom of 161 to direction of 60), an inlet end of the second suction passage communicating with the in head suction passage (161 connected to in head suction passage 60), and in a cross-sectional view taken along an axial direction of a drive shaft (Fig 1), the second suction passage (161) having a first surface extending along the axial direction of the drive shaft (A, below extends up and down along central axis of the compressor) and a second surface (B, below) facing an outlet end of the in-head suction passage (B faces the outlet of in head suction passage 60). PNG media_image1.png 450 500 media_image1.png Greyscale As to claim 4, Sato discloses the in head suction passage (60) includes a first passage extending in a radial direction (X, above), and a second passage extending in an axial direction (Y, above) to allow the first passage and the second cylinder chamber to communicate with each other (Fig 1). Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) 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. 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 (i.e., changing from AIA to pre-AIA ) 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. Claims 2,6 are rejected under 35 U.S.C. 103(a) as being unpatentable over US Patent 7381039 to Sato as applied to claim 1 above in view of US Patent 6231319 to Iida. As to claim 2, Sato discloses wherein the first head (54) has a hole, the first cylinder, the middle plate, the second cylinder, and the second head each have a through hole located to correspond to the hole (80, Fig 1, Col 4, Line 50-58, bolt passes through to engage with 54), and a bolt is inserted from a second head side to fasten the first head, the first cylinder, the middle plate, the second cylinder, and the second head (Col 4, Line 50-58). While Sato discloses the use of bolts (80) and how they “engage with” the (54) it does not expressly disclose that the hole is threaded. Iida discloses how it is common to hold various cylinder components together with bolts, where the bolts are held in place using a threaded hole (Col 13, line 1-5). At the time of invention, it would have been obvious to one of ordinary skill in the art for the first head to have a threaded hole using the teachings of Iida, as Sato expressly discloses that the bolt engages with the first head 54, and the use of a threaded hole to engage the bolt was a well known method of connection in the art at the time of invention providing tight reliable results. As to claim 6, Sato discloses the in head suction passage (60) includes a first passage extending in a radial direction (X, above), and a second passage extending in an axial direction (Y, above) to allow the first passage and the second cylinder chamber to communicate with each other (Fig 1). Claims 3,7 are rejected under 35 U.S.C. 103(a) as being unpatentable over US Patent 7381039 to Sato as applied to claim 1 above in view of WO2022091653 to Honda. As to claim 3, Sato discloses a bolt (80) extending from the bottom to the top at 54 (Col 4, Line 50-58), and also shows upper bolts but does not go into detail about them (Fig 1), but does not expressly disclose the first cylinder has a threaded hole, the middle plate, the second cylinder, and the second head each have a through hole located to correspond to the threaded hole, and a bolt is inserted from a second head side to fasten the first cylinder, the middle plate, the second cylinder, and the second head. Honda discloses a compressor that utilizes bolts from the top and bottom where the first cylinder (60) has a threaded hole (upper bolt 41 attachment point and lower bolt attachment point), the middle plate (70), the second cylinder (80), and the second head (90) each have a through hole located to correspond to the threaded hole (Fig 1), and a bolt is inserted from a second head side to fasten the first cylinder, the middle plate, the second cylinder, and the second head (Fig 1). At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Sato to include the first cylinder has a threaded hole, the middle plate, the second cylinder, and the second head each have a through hole located to correspond to the threaded hole, and a bolt is inserted from a second head side to fasten the first cylinder, the middle plate, the second cylinder, and the second head using the teachings of Honda, as this would have been a reasonable arrangement of parts and use of bolt locations to combine the various components while also reducing bore requirements and bolting requirements by doubling up the bolt locations instead of having multiple top and bottom bolts that individually extend through all components, and which would also allow for a more efficient method of disassembly for repair allowing separate access to cylinders as compared to a complete disassembly with single through bolts. As to claim 7, Sato discloses the in head suction passage (60) includes a first passage extending in a radial direction (X, above), and a second passage extending in an axial direction (Y, above) to allow the first passage and the second cylinder chamber to communicate with each other (Fig 1). Claims 5 are rejected under 35 U.S.C. 103(a) as being unpatentable over US Patent 7381039 to Sato as applied to claim 1,2,3,4 above in view of US Patent 6732542 to Yamasaki. As to claim 5,8,9,10, Sato discloses refrigeration apparatus (Abs, Fig 1) but does not expressly disclose a fluid circuit through which a fluid compressed by the rotary compressor flows which is taught by Yamasaki (Abs). At the time of invention, it would have been obvious to one of ordinary skill in the art to use the compressor of Sato in a fluid circuit through which a fluid compressed by the rotary compressor flows using the teachings of Yamasaki as the compressor of Sato uses Refrigerant and would reliably be able to be used in a fluid circuit for useful work such as taught in Yamasaki. Response to Arguments Applicant’s arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE SAMUEL BOGUE whose telephone number is (571)270-1406. The examiner can normally be reached M-F 8:00-5:00. 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, Mark Laurenzi can be reached on (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. JESSE SAMUEL. BOGUE Examiner Art Unit 3748 /JESSE S BOGUE/Primary Examiner, Art Unit 3746
Read full office action

Prosecution Timeline

Jun 27, 2025
Application Filed
Mar 19, 2026
Non-Final Rejection mailed — §102, §103
May 27, 2026
Applicant Interview (Telephonic)
May 27, 2026
Examiner Interview Summary
Jun 17, 2026
Response Filed
Jul 27, 2026
Final Rejection mailed — §102, §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

3-4
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+20.6%)
2y 6m (~1y 4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1127 resolved cases by this examiner. Grant probability derived from career allowance rate.

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