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 .
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 13-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0292525 to Andrews et al (Andrews).
Regarding claim 13, Andrews discloses a drive system for a multistage screw compressor comprising:
a housing ([7]; housing of the whole system will house the first compressor stage, the second compressor stage and the drive shaft within the housing cavity, figs. 1, 16) including a housing cavity, a fluid inlet and a fluid outlet;
a first compressor stage (70, fig. 1, 370, fig. 16) including a first shaft (20, fig. 1, 340, fig. 16) defining a first shaft axis, the first shaft including a first output pinion (345, fig. 16);
a second compressor stage (70, fig. 1, 370, fig. 16) including a second shaft (30, fig. 1, 350, fig. 16) defining a second shaft axis parallel to the first shaft axis, the second shaft including a second output pinion (355, fig. 16) and;
a drive shaft (10, fig. 1, 310, fig. 16) including a first drive wheel (315, fig. 16) and a second drive wheel (316, fig. 16), the first drive wheel configured to engage with the first output pinion and the second drive wheel configured to engage with the second output pinion;
wherein toothing between the first drive wheel and the first output pinion are disposed at an angle a from the first shaft axis (one of ordinary skill in the art would recognize that a gear wheel toothing and a corresponding pinion gear toothing will be inclined in helical manner to transfer torque), and toothing between the second drive wheel and the second output pinion are disposed at an angle p from the second shaft axis, and wherein angles a and p have inverse signs (different gears wheels and pinion gears on opposite ends of the main shaft as shown in fig. 16 will have different or even opposite signs. For example, compressors rotating on pinion gear 335 will all have different signs).
Regarding claim 14, Andrews discloses the drive system according to claim 13, wherein the drive shaft engages with a first main rotor (within screw rotor stage 70; [44]) of the first compressor stage and with a second main rotor (within screw rotor stage 70; [44]) of the second compressor stage.
Regarding claim 15, Andrews discloses the drive system according to claim 14, wherein the housing houses the first compressor stage, the second compressor stage and the drive shaft within the housing cavity (housing of the whole system will house the first compressor stage, the second compressor stage and the drive shaft within the housing cavity).
Regarding claim 16, Andrews discloses the drive system according to claim 15, wherein the drive shaft is configured to drive the first shaft independently from the second shaft (each compressor stage 70 or 370 in figs, 1, 16 has its own gear system).
Regarding claim 17, Andrews discloses the drive system according to claim 16, wherein respective rotational speeds of the first main rotor and the second main rotor are configured to be adapted independently of one another (each compressor stage (70, fig. 1, 370, fig. 370) has its own gear system. And in fig. 16 shows a stage connected to shaft via gear 316 and another via gear 315, and as such will have varying speeds independent of each other).
Regarding claim 18, Andrews discloses the drive system according to claim 15, wherein the ratio of the respective rotational speeds of the first main rotor and the second main rotor relative to one another can be freely selected (each compressor stage (70, fig. 1, 370, fig. 370) has its own gear system. And in fig. 16 shows a stage connected to shaft via gear 316 and another via gear 315, and as such will have varying speeds independent of each other).
Regarding claim 19, Andrews discloses the drive system according to claim 13, wherein the multistage screw compressor is an oil-injected compressor (intended purpose of the claimed apparatus).
Regarding claim 20, Andrews discloses the drive system according to claim 13, wherein the first drive wheel is adjacent to the second drive wheel (fig. 16).
Regarding claim 21, Andrews discloses a screw compressor comprising:
a housing including a housing cavity, a fluid inlet, and a fluid outlet);
a first compressor stage including a first shaft defining a first shaft axis, the first shaft including a first output pinion;
a second compressor stage including a second shaft defining a second shaft axis parallel to the first shaft axis, the second shaft including a second output pinion, and;
a first drive when and a second drive wheel, the first drive wheel configured to engage with the first output pinion and the second drive wheel configured to engage with the second output pinion; wherein toothing between the first drive wheel and the first pinion are disposed at an angle a from the first shaft axis, and toothing between the second drive wheel and the second output pinion are disposed at an angle R from the second shaft axis, and wherein angles a and p have inverse signs.
a housing ([7]; housing of the whole system will house the first compressor stage, the second compressor stage and the drive shaft within the housing cavity, figs. 1, 16) including a housing cavity, a fluid inlet and a fluid outlet;
a first compressor stage (70, fig. 1, 370, fig. 16) including a first shaft (20, fig. 1, 340, fig. 16) defining a first shaft axis, the first shaft including a first output pinion (345, fig. 16);
a second compressor stage (70, fig. 1, 370, fig. 16) including a second shaft (30, fig. 1, 350, fig. 16) defining a second shaft axis parallel to the first shaft axis, the second shaft including a second output pinion (355, fig. 16) and;
a drive system (figs. 1, 16) for driving the screw compressor, the drive system including: a drive shaft including
a drive shaft (10, fig. 1, 310, fig. 16) including a first drive wheel (315, fig. 16) and a second drive wheel (316, fig. 16), the first drive wheel configured to engage with the first output pinion and the second drive wheel configured to engage with the second output pinion;
wherein toothing between the first drive wheel and the first output pinion are disposed at an angle a from the first shaft axis (one of ordinary skill in the art would recognize that a gear wheel toothing and a corresponding pinion gear toothing will be inclined in helical manner to transfer torque), and toothing between the second drive wheel and the second output pinion are disposed at an angle p from the second shaft axis, and wherein angles a and p have inverse signs (different gears wheels and pinion gears on opposite ends of the main shaft as shown in fig. 16 will have different or even opposite signs. For example, compressors rotating on pinion gear 335 will all have different signs).
Regarding claim 22, Andrews discloses the screw compressor according to claim 21, wherein the drive shaft engages with a first main rotor (within screw rotor stage 70; [44]) of the first compressor stage and with a second main rotor (within screw rotor stage 70; [44]) of the second compressor stage.
Regarding claim 23, Andrews discloses the screw compressor according to claim 22, wherein the housing houses the first compressor stage, the second compressor stage, and the drive system within the housing cavity ([7]; housing of the whole system will house the first compressor stage, the second compressor stage and the drive shaft within the housing cavity, figs. 1, 16).
Regarding claim 24, Andrews discloses the screw compressor according to claim 22, wherein the drive shaft is configured to drive the first shaft independently from the second shaft (each compressor stage 70 or 370 in figs, 1, 16 has its own gear system).
Regarding claim 25, Andrews discloses the screw compressor according to claim 24, wherein respective rotational speeds of the first main rotor and the second main rotor are configured to be selected independently of one another (each compressor stage (70, fig. 1, 370, fig. 370) has its own gear system. And in fig. 16 shows a stage connected to shaft via gear 316 and another via gear 315, and as such will have varying speeds independent of each other).
Regarding claim 26, Andrews discloses the screw compressor according to claim 25, wherein the ratio of the two respective rotational speeds of the first main rotor and the second main rotor relative to one another can be freely selected (each compressor stage (70, fig. 1, 370, fig. 370) has its own gear system. And in fig. 16 shows a stage connected to shaft via gear 316 and another via gear 315, and as such will have varying speeds independent of each other).
Regarding claim 27, Andrews discloses the screw compressor according to claim 21, wherein the screw compressor is an oil-injected compressor (intended purpose of the claimed apparatus).
Regarding claim 28, Andrews discloses the screw compressor according to claim 21, wherein the first drive wheel is adjacent to the second drive wheel (fig. 16).
Regarding claim 29, Andrews discloses an oil-injected screw compressor comprising:
a housing including a housing cavity, a fluid inlet, and a fluid outlet);
a first compressor stage including a first shaft defining a first shaft axis, the first shaft including a first output pinion;
a second compressor stage including a second shaft defining a second shaft axis parallel to the first shaft axis, the second shaft including a second output pinion, and;
a first drive when and a second drive wheel, the first drive wheel configured to engage with the first output pinion and the second drive wheel configured to engage with the second output pinion; wherein toothing between the first drive wheel and the first pinion are disposed at an angle a from the first shaft axis, and toothing between the second drive wheel and the second output pinion are disposed at an angle R from the second shaft axis, and wherein angles a and p have inverse signs.
a housing ([7]; housing of the whole system will house the first compressor stage, the second compressor stage and the drive shaft within the housing cavity, figs. 1, 16) including a housing cavity, a fluid inlet and a fluid outlet;
a first compressor stage (70, fig. 1, 370, fig. 16) including a first shaft (20, fig. 1, 340, fig. 16) defining a first shaft axis, the first shaft including a first output pinion (345, fig. 16);
a second compressor stage (70, fig. 1, 370, fig. 16) including a second shaft (30, fig. 1, 350, fig. 16) defining a second shaft axis parallel to the first shaft axis, the second shaft including a second output pinion (355, fig. 16) and;
a drive system (figs. 1, 16) for driving the screw compressor, the drive system including: a drive shaft including
a drive shaft (10, fig. 1, 310, fig. 16) including a first drive wheel (315, fig. 16) and a second drive wheel (316, fig. 16), the first drive wheel configured to engage with the first output pinion and the second drive wheel configured to engage with the second output pinion;
wherein toothing between the first drive wheel and the first output pinion are disposed at an angle a from the first shaft axis (one of ordinary skill in the art would recognize that a gear wheel toothing and a corresponding pinion gear toothing will be inclined in helical manner to transfer torque), and toothing between the second drive wheel and the second output pinion are disposed at an angle p from the second shaft axis, and wherein angles a and p have inverse signs (different gears wheels and pinion gears on opposite ends of the main shaft as shown in fig. 16 will have different or even opposite signs. For example, compressors rotating on pinion gear 335 will all have different signs).
Regarding claim 30, Andrews discloses the screw compressor according to claim 29, wherein the drive shaft engages with a first main rotor (within screw rotor stage 70; [44]) of the first compressor stage and with a second main rotor (within screw rotor stage 70; [44]) of the second compressor stage and wherein the drive shaft is configured to drive the first shaft independently from the second shaft (each compressor stage 70 or 370 in figs, 1, 16 has its own gear system).
Regarding claim 31, Andrews discloses the screw compressor according to claim 30, wherein respective rotational speeds of the first main rotor and the second main rotor are configured to be selected independently of one another (each compressor stage (70, fig. 1, 370, fig. 370) has its own gear system. And in fig. 16 shows a stage connected to shaft via gear 316 and another via gear 315, and as such will have varying speeds independent of each other)
Regarding claim 32, Andrews discloses the screw compressor according to claim 31, wherein the ratio of the two respective rotational speeds of the first main rotor and the second main rotor relative to one another can be freely selected (each compressor stage (70, fig. 1, 370, fig. 370) has its own gear system. And in fig. 16 shows a stage connected to shaft via gear 316 and another via gear 315, and as such will have varying speeds independent of each other).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 13-16, 21-24, 29-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 7-9 as a set and claims 10, 14, 17-19 as a set of U.S. Patent No. 12,435,721 (Patent 721, hereinafter). Although the claims at issue are not identical, they are not patentably distinct from each other because the application claims are merely broader than Patent 721 claims. As such, the patent claims anticipate the application claims (see below). Once the applicant has received a patent for a species or a more specific embodiment, he is not entitled to a patent for the generic or broader invention without maintaining common ownership and ensuring that the term of the latter issued patent will expire at the end of the original term of the earlier issued patent. In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993).
Regarding claim 13, Patent 721 discloses a drive system for a multistage screw compressor comprising: a housing including a housing cavity, a fluid inlet and a fluid outlet; a first compressor stage including a first shaft defining a first shaft axis, the first shaft including a first output pinion; a second compressor stage including a second shaft defining a second shaft axis parallel to the first shaft axis, the second shaft including a second output pinion and; a drive shaft including a first drive wheel and a second drive wheel, the first drive wheel configured to engage with the first output pinion and the second drive wheel configured to engage with the second output pinion; wherein toothing between the first drive wheel and the first output pinion are disposed at an angle a from the first shaft axis, and toothing between the second drive wheel and the second output pinion are disposed at an angle p from the second shaft axis, and wherein angles a and p have inverse signs (see claims 1, 4, 7-9 as a set and claims 10, 14, 17-19 as a set).
Regarding claim 14, Patent 721 discloses the drive system according to claim 13, wherein the drive shaft engages with a first main rotor of the first compressor stage and with a second main rotor of the second compressor stage (see claims 1, 4, 7-9 as a set and claims 10, 14, 17-19 as a set).
Regarding claim 15, Patent 721 discloses the drive system according to claim 14, wherein the housing houses the first compressor stage, the second compressor stage and the drive shaft within the housing cavity (see claim 10).
Regarding claim 16, Patent 721 discloses the drive system according to claim 15, wherein the drive shaft is configured to drive the first shaft independently from the second shaft (claim 10).
Regarding claim 21, Patent 721 discloses a screw compressor comprising: a housing including a housing cavity, a fluid inlet, and a fluid outlet; a first compressor stage including a first shaft defining a first shaft axis, the first shaft including a first output pinion; a second compressor stage including a second shaft defining a second shaft axis parallel to the first shaft axis, the second shaft including a second output pinion, and; a drive system for driving the screw compressor, the drive system including: a drive shaft including a first drive when and a second drive wheel, the first drive wheel configured to engage with the first output pinion and the second drive wheel configured to engage with the second output pinion; wherein toothing between the first drive wheel and the first pinion are disposed at an angle a from the first shaft axis, and toothing between the second drive wheel and the second output pinion are disposed at an angle R from the second shaft axis, and wherein angles a and p have inverse signs (see claims 1, 4, 7-9 as a set and claims 10, 14, 17-19 as a set).
Regarding claim 22, Patent 721 discloses the screw compressor according to claim 21, wherein the drive shaft engages with a first main rotor of the first compressor stage and with a second main rotor of the second compressor stage (see claims 1, 4, 7-9 as a set and claims 10, 14, 17-19 as a set).
Regarding claim 23, Patent 721 discloses the screw compressor according to claim 22, wherein the housing houses the first compressor stage, the second compressor stage, and the drive system within the housing cavity (claim 10).
Regarding claim 24, Patent 721 discloses the screw compressor according to claim 22, wherein the drive shaft is configured to drive the first shaft independently from the second shaft (claim 10).
Regarding claim 29, Patent 721 discloses an oil-injected screw compressor comprising: a housing including a housing cavity, a fluid inlet, and a fluid outlet; a first compressor stage including a first shaft defining a first shaft axis, the first shaft including a first output pinion; a second compressor stage including a second shaft defining a second shaft axis parallel to the first shaft axis, the second shaft including a second output pinion, and; a drive system for driving the screw compressor, the drive system including: a drive shaft including a first drive when and a second drive wheel, the first drive wheel configured to engage with the first output pinion and the second drive wheel configured to engage with the second output pinion; wherein toothing between the first drive wheel and the first pinion are disposed at an angle a from the first shaft axis, and toothing between the second drive wheel and the second output pinion are disposed at an angle R from the second shaft axis, and wherein angles a and p have inverse signs (see claims 1, 4, 7-9 as a set and claims 10, 14, 17-19 as a set).
Regarding claim 30, Patent 721 discloses the screw compressor according to claim 29, wherein the drive shaft engages with a first main rotor of the first compressor stage and with a second main rotor of the second compressor stage and wherein the drive shaft is configured to drive the first shaft independently from the second shaft (see claims 1, 4, 7-9 as a set and claims 10, 14, 17-19 as a set).
Regarding claim 31, Patent 721 discloses the screw compressor according to claim 30, wherein respective rotational speeds of the first main rotor and the second main rotor are configured to be selected independently of one another (claim 10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4,068,984 to Spindler
US 2021/0372401 to Li
US 2020/0408210 to Liu et al.
All references above describe general state of art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAPINDER SINGH whose telephone number is (571)270-1774. The examiner can normally be reached Monday to Friday from 8:00 AM to 5:30 PM.
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/DAPINDER SINGH/Primary Examiner, Art Unit 3746
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