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 R (Fig. 32) in the reply filed on June 9th, 2026 is acknowledged.
Claims 1-20 will be examined herein.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Claim 1, line 53 should read “in response to determining that
Claim 6, line 5 should read “at least one of the first piston and the surface”
Claim 6, line 6 should read “between the first piston and the surface of”
Claim 14, line 53 should read “in response to determining that
Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 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 1, line 23 recites the limitation “the modulation port”; this renders the claim indefinite because it is not made clear which of the “first” and “second” modulation ports is being referred back to by this language. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. For examination purposes herein, the examiner has interpreted this limitation as referring back to the “first” modulation port.
Claim 1, line 27 recites the limitation “the modulation port”; this renders the claim indefinite because it is not made clear whether this limitation refers to 1) the “first” modulation port in lines 8-9, 2) the “second” modulation port in lines 8-9, or 3) the “modulation port” of line 23. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. For examination purposes herein, the examiner has interpreted this limitation as referring back to the “second” modulation port.
Claim 1, lines 29-30 recite the limitations “the control valve” and “the piston”; these limitations render the claim indefinite because it is not made clear which of the “first” and/or “second” modulation ports and which of the “first” and/or “second” pistons is being referred back to by this language. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. As far as the examiner understands the invention, movement of both control valves between their respective first and second positions is what causes movements of both the first and second pistons. Therefore, for examination purposes herein, the examiner has interpreted these limitations as referring back to the both the “first” and “second” control valves and to both the “first” and “second” pistons.
Claim 1 recites the limitation "the control" in line 34. There is insufficient antecedent basis for this limitation in the claim. For examination purposes herein, the examiner has interpreted this limitation as “the control module”.
Claim 5, line 10 recites the limitations ”a control valve” and “a piston”; these limitations these limitations render the claim indefinite. First, it is not made clear whether “a control valve” is 1) attempting to refer back to the “first control valve” of Claim 1, 2) attempting to refer back to the “second control valve” of Claim 1, or 3) introducing another control valve altogether. Additionally, it is not made clear whether “a piston” is 1) attempting to refer back to the “first piston” of Claim 1, 2) attempting to refer back to the “second piston” of Claim 1, or 3) introducing another piston altogether. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. As far as the examiner understands the invention, the disclosed invention has two control valves and two pistons, specifically. Therefore, for examination purposes herein, the examiner has interpreted these limitations as referring back to the both the “first” and “second” control valves and to both the “first” and “second” pistons.
Claim 5, lines 11 & 12 recite the limitations ”the control valve” and “the piston”; these limitations render the claim indefinite. First, it is not made clear whether “the control valve” is 1) attempting to refer back to the “first control valve” of Claim 1, or 2) attempting to refer back to the “second control valve” of Claim 1. Additionally, it is not made clear whether “a piston” is 1) attempting to refer back to the “first piston” of Claim 1, or 2) attempting to refer back to the “second piston” of Claim 1. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. As far as the examiner understands the invention, the disclosed invention has two control valves and two pistons. Therefore, for examination purposes herein, the examiner has interpreted these limitations as referring back to the both the “first” and “second” control valves and to both the “first” and “second” pistons.
Claim 5, line 11 recites the limitation “a first position and a second position”; this limitation renders the claim indefinite because it is not made clear whether the limitation is 1) attempting to refer back to the first and second positions recited in Claim 1, or 2) introducing two more positions altogether. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. For examination purposes herein, the examiner has interpreted these limitations as referring back to the “first” and “second” positions recited in Claim 1.
Claim 5, lines 18-20 recite the limitations ”the control valve” and “the piston”; these limitations render the claim indefinite. First, it is not made clear whether “the control valve” is 1) attempting to refer back to the “first control valve” of Claim 1, 2) attempting to refer back to the “second control valve” of Claim 1, or 3) attempting to refer back to the “control valve” recited in Claim 5. Second, it is not made clear whether “the piston” is 1) attempting to refer back to the “first piston” of Claim 1, 2) attempting to refer back to the “second piston” of Claim 1, or 3) attempting to refer back to the “piston” recited in Claim 5. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. As far as the examiner understands the invention, the disclosed invention has two control valves and two pistons. Therefore, for examination purposes herein, the examiner has interpreted these limitations as referring back to the both the “first” and “second” control valves and to both the “first” and “second” pistons.
Claim 9, line 2 recites the limitation “the modulation port”; this renders the claim indefinite because it is not made clear which of the “first” and “second” modulation ports (of Claim 1) is being referred back to by this language. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. For examination purposes herein, the examiner has interpreted this limitation as referring back to the “first” modulation port.
Claim 14, line 23 recites the limitation “the modulation port”; this renders the claim indefinite because it is not made clear which of the “first” and “second” modulation ports is being referred back to by this language. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. For examination purposes herein, the examiner has interpreted this limitation as referring back to the “first” modulation port.
Claim 14, line 23 recites the limitation “the modulation port”; this renders the claim indefinite because it is not made clear which of the “first” and “second” modulation ports is being referred back to by this language. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. For examination purposes herein, the examiner has interpreted this limitation as referring back to the “second” modulation port.
Claim 14, line 27 recites the limitation “the modulation port”; this renders the claim indefinite because it is not made clear which of the “first” and “second” modulation ports is being referred back to by this language. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. For examination purposes herein, the examiner has interpreted this limitation as referring back to the “second” modulation port.
Claim 14, lines 29-30 recite the limitations “the control valve” and “the piston”; these limitations render the claim indefinite because it is not made clear which of the “first” and/or “second” modulation ports and which of the “first” and/or “second” pistons is being referred back to by this language. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. As far as the examiner understands the invention, movement of both control valves between their respective first and second positions is what causes movements of the first and second pistons, respectively. Therefore, for examination purposes herein, the examiner has interpreted these limitations as referring back to the both the “first” and “second” control valves and to both the “first” and “second” pistons.
Claim 14 recites the limitation "the control" in line 34. There is insufficient antecedent basis for this limitation in the claim. For examination purposes herein, the examiner has interpreted this limitation as “the control module”.
Claim 16, line 2 recites the limitation “the modulation port”; this renders the claim indefinite because it is not made clear which of the “first” and “second” modulation ports (of Claim 14) is being referred back to by this language. Thus, the metes and bounds of the claim scope cannot be determined, rendering the claim indefinite. For examination purposes herein, the examiner has interpreted this limitation as referring back to the “first” modulation port.
Appropriate corrections are required.
Allowable Subject Matter
Claims 1-20 are found to be provisionally allowable, pending Applicant overcoming the above-noted objections and rejections. Applicant should be aware that the application cannot be properly allowed until Applicant has fully overcome each and every issue noted above.
The following is an examiner’s statement of reasons for allowance: the best available prior art fails to disclose the inventions as recited in independent Claims 1 & 14. The best available prior art references are as follows:
1. US 9,638,191 to Stover
2. US 6,412,293 to Pham et al.
3. US 2019/0186491 to Perevozchikov et al.
4. US 8,840,384 to Patel et al.
5. US 2023/0296097 to Bercot et al.
Stover is considered to be the most relevant prior art reference available, and discloses a scroll compressor assembly (10; Fig. 1) having a first scroll (100) having a first end plate and a first spiral wrap extending from the first end plate (Fig. 1); a second scroll (102) having a second end plate and a second spiral wrap extending from the second end plate (Fig. 1), wherein the first and second spiral wraps cooperate to define a plurality of fluid pockets (126-132); wherein during operation of the compressor, the fluid pockets move from a radially outer position (124; Figs. 2-4) to radially intermediate positions to a radially inner position (134; Fig. 4), wherein the second end plate includes a first modulation port (154; Figs. 2-4), a second modulation port (156; Figs. 2-4), and a vent passage (178; Figs. 2-4) in selective communication with both modulation ports (via valve solenoid 164) and a suction pressure region (“suction pressure region”), wherein the first modulation port is in fluid communication with a first one of the fluid pockets at the radially intermediate positions (Figs. 2-4), wherein the second modulation port is in fluid communication with a second one of the fluid pockets at the radially intermediate positions (Figs. 2-4), a capacity-modulation system (28, 30) including a first control valve (164) (Figs. 2-4), a second control valve (190), a first piston (170), and a second piston (192), and a control module (500; Fig. 1) controlling operation of the first and second control valves (Fig. 12), wherein: each of the first and second control valves is movable between a first position and a second position (Fig. 13), the first piston (190) being movable between an open position (Fig. 4) in which fluid communication between the first modulation port and the vent passage is allowed and a closed position (Fig. 3) in which fluid communication between the modulation port and the vent passage is prevented. However, Stover is silent as it relates to, the second piston being movable between an open position in which fluid communication between the second modulation port and the vent passage is allowed and a closed position in which fluid communication between the modulation port and the vent passage is prevented, movement of the control valve between the first and second positions causes movement of the piston between the open and closed positions, the control module is in communication with a thermostat that communicates to the control module whether a cooling demand exists and whether a humidity control demand exists, in response to determining that the cooling demand exists, the control determines whether the cooling demand is a high cooling demand, a medium cooling demand, or a low cooling demand, in response to determining that the cooling demand is the high cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the closed position to prevent fluid communication between the first modulation port and the vent passage and to prevent fluid communication between the second modulation port and the vent passage, in response to determining that the cooling demand is the medium cooling demand, the control module is configured to control the first control valve to cause the first piston to move to the closed position to prevent fluid communication between the first modulation port and the vent passage and the control module is configured to control the second control valve to cause the second piston to move to the open position to allow fluid communication between the second modulation port and the vent passage, in response to determining that the cooling demand is the low cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the open position to allow fluid communication between the first modulation port and the vent passage and to allow fluid communication between the second modulation port and the vent passage, and in response to determining that there is the humidity control demand exists and that there is no cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the open position to allow fluid communication between the first modulation port and the vent passage and to allow fluid communication between the second modulation port and the vent passage. Thus, it is apparent that Stover falls far short of disclosing or rendering obvious Applicant’s recited invention.
Pham provides another relevant prior art reference, and discloses a scroll compressor assembly (10; Fig. 1) comprising a first scroll (14) having a first end plate and a first spiral wrap extending from the first end plate (Fig. 1); a second scroll (16) having a second end plate and a second spiral wrap extending from the second end plate (Fig. 1), wherein the first and second spiral wraps cooperate to define a plurality of fluid pockets (22, 24); wherein during operation of the compressor, the fluid pockets move from a radially outer position to radially intermediate positions to a radially inner position (“fluid pockets 22, 24 which progressively decrease in size as they move inwardly from the outer periphery”), wherein the second end plate includes a first modulation port (94; Fig. 2), a second modulation port (96; Fig. 2), and a vent passage (92 or 94), wherein the first modulation port is in fluid communication with a first one (22) of the fluid pockets at the radially intermediate positions (Fig. 2), wherein the second modulation port is in fluid communication with a second one (94) of the fluid pockets at the radially intermediate positions (Fig. 2), a capacity-modulation system (400) including a first control valve (136) and a control module (190) controlling operation of the first control valve, wherein the first control valve is movable between a first position (“energize solenoid coil 172 of solenoid assembly 164 thereby causing plunger 168 to be moved out of engagement with valve seat 178”) and a second position (“deenergize coil 172 of solenoid assembly 164. Plunger 168 will then move outwardly from tubular member 304 under the biasing action of spring 174 thereby moving valve 176 into sealing engagement with seat 178”), the control module is in communication with a thermostat (402) that communicates to the control module whether a cooling demand exists (“COOL”; Fig. 16). However, Pham is silent as it relates to the vent passage being in selective fluid communication with the first and second modulation ports and a suction-pressure region; the capacity-modulation system including a first control valve, a second control valve, a first piston, and a second piston; and a control module controlling operation of the first and second control valves, wherein: each of the first and second control valves is movable between a first position and a second position, the first piston is movable between an open position in which fluid communication between the first modulation port and the vent passage is allowed and a closed position in which fluid communication between the modulation port and the vent passage is prevented, the second piston is movable between an open position in which fluid communication between the second modulation port and the vent passage is allowed and a closed position in which fluid communication between the modulation port and the vent passage is prevented, movement of the control valve between the first and second positions causes movement of the piston between the open and closed positions, the control module is in communication with a thermostat that communicates to the control module whether a cooling demand exists and whether a humidity control demand exists, in response to determining that the cooling demand exists, the control determines whether the cooling demand is a high cooling demand, a medium cooling demand, or a low cooling demand, in response to determining that the cooling demand is the high cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the closed position to prevent fluid communication between the first modulation port and the vent passage and to prevent fluid communication between the second modulation port and the vent passage, in response to determining that the cooling demand is the medium cooling demand, the control module is configured to control the first control valve to cause the first piston to move to the closed position to prevent fluid communication between the first modulation port and the vent passage and the control module is configured to control the second control valve to cause the second piston to move to the open position to allow fluid communication between the second modulation port and the vent passage, in response to determining that the cooling demand is the low cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the open position to allow fluid communication between the first modulation port and the vent passage and to allow fluid communication between the second modulation port and the vent passage, and in response to determining that there is the humidity control demand exists and that there is no cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the open position to allow fluid communication between the first modulation port and the vent passage and to allow fluid communication between the second modulation port and the vent passage. Thus, it is apparent that Pham falls far short of remedying the deficiencies in Stover, nor does he disclose or render obvious Applicant’s recited invention.
Perevozchikov discloses another relevant prior art reference, and provides a scroll compressor assembly (10; Fig. 1) a first scroll (54) having a first end plate and a first spiral wrap extending from the first end plate (Fig. 1); a second scroll (56) having a second end plate and a second spiral wrap extending from the second end plate (Fig. 1), wherein the first and second spiral wraps cooperate to define a plurality of fluid pockets (82, 84, 86); wherein during operation of the compressor, the fluid pockets move from a radially outer position (82) to radially intermediate positions (84) to a radially inner position (86; para. 68), wherein the second end plate includes a first modulation port (90; Fig. 1), a second modulation port (92; Fig. 1), and a vent passage (96), wherein the first modulation port is in fluid communication with a first one (84) of the fluid pockets at the radially intermediate positions (Fig. 1), wherein the second modulation port is in fluid communication with a second one (84) of the fluid pockets at the radially intermediate positions (Fig. 1), a capacity-modulation system (Fig. 1) including a first control valve (22) and a second control valve (22) (Fig. 1) wherein each of the first control valve and the second control valve is movable between a first position (open) and a second position (closed). However, Perevozchikov is silent as it relates to the vent passage being in selective fluid communication with the first and second modulation ports and a suction-pressure region; the capacity-modulation system including a first control valve, a second control valve, a first piston, and a second piston; and a control module controlling operation of the first and second control valves, wherein: each of the first and second control valves is movable between a first position and a second position, the first piston is movable between an open position in which fluid communication between the first modulation port and the vent passage is allowed and a closed position in which fluid communication between the modulation port and the vent passage is prevented, the second piston is movable between an open position in which fluid communication between the second modulation port and the vent passage is allowed and a closed position in which fluid communication between the modulation port and the vent passage is prevented, movement of the control valve between the first and second positions causes movement of the piston between the open and closed positions, the control module is in communication with a thermostat that communicates to the control module whether a cooling demand exists and whether a humidity control demand exists, in response to determining that the cooling demand exists, the control determines whether the cooling demand is a high cooling demand, a medium cooling demand, or a low cooling demand, in response to determining that the cooling demand is the high cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the closed position to prevent fluid communication between the first modulation port and the vent passage and to prevent fluid communication between the second modulation port and the vent passage, in response to determining that the cooling demand is the medium cooling demand, the control module is configured to control the first control valve to cause the first piston to move to the closed position to prevent fluid communication between the first modulation port and the vent passage and the control module is configured to control the second control valve to cause the second piston to move to the open position to allow fluid communication between the second modulation port and the vent passage, in response to determining that the cooling demand is the low cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the open position to allow fluid communication between the first modulation port and the vent passage and to allow fluid communication between the second modulation port and the vent passage, and in response to determining that there is the humidity control demand exists and that there is no cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the open position to allow fluid communication between the first modulation port and the vent passage and to allow fluid communication between the second modulation port and the vent passage. Thus, it is apparent that Perevozchikov falls far short of remedying the deficiencies in Stover, nor does he disclose or render obvious Applicant’s recited invention.
Patel discloses yet another relevant prior art reference, and discloses a scroll compressor assembly (20; Fig. 1) a first scroll (22) having a first end plate and a first spiral wrap extending from the first end plate (Fig. 1); a second scroll (24) having a second end plate and a second spiral wrap extending from the second end plate (Fig. 1), wherein the first and second spiral wraps cooperate to define a plurality of fluid pockets (26); wherein during operation of the compressor, the fluid pockets move from a radially outer position to radially intermediate positions to a radially inner position (“As the orbiting occurs, a refrigerant entrapped within the chambers 26 is compressed toward a discharge port 30”), wherein the second end plate includes a first modulation port (36; Fig. 1), a second modulation port (38; Fig. 1), and a vent passage (43) in selective communication with both modulation ports (via valve 44) and a suction pressure region (33), wherein the first modulation port is in fluid communication with a first one of the fluid pockets at the radially intermediate positions (Fig. 1), wherein the second modulation port is in fluid communication with a second one of the fluid pockets at the radially intermediate positions (Fig. 1), a capacity-modulation system including a first control valve (44) (Fig. 1) wherein the first control valve is movable between a first position (open) and a second position (closed). However, Patel is silent as it relates to capacity-modulation system including a first control valve, a second control valve, a first piston, and a second piston; and a control module controlling operation of the first and second control valves, wherein: each of the first and second control valves is movable between a first position and a second position, the first piston is movable between an open position in which fluid communication between the first modulation port and the vent passage is allowed and a closed position in which fluid communication between the modulation port and the vent passage is prevented, the second piston is movable between an open position in which fluid communication between the second modulation port and the vent passage is allowed and a closed position in which fluid communication between the modulation port and the vent passage is prevented, movement of the control valve between the first and second positions causes movement of the piston between the open and closed positions, the control module is in communication with a thermostat that communicates to the control module whether a cooling demand exists and whether a humidity control demand exists, in response to determining that the cooling demand exists, the control determines whether the cooling demand is a high cooling demand, a medium cooling demand, or a low cooling demand, in response to determining that the cooling demand is the high cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the closed position to prevent fluid communication between the first modulation port and the vent passage and to prevent fluid communication between the second modulation port and the vent passage, in response to determining that the cooling demand is the medium cooling demand, the control module is configured to control the first control valve to cause the first piston to move to the closed position to prevent fluid communication between the first modulation port and the vent passage and the control module is configured to control the second control valve to cause the second piston to move to the open position to allow fluid communication between the second modulation port and the vent passage, in response to determining that the cooling demand is the low cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the open position to allow fluid communication between the first modulation port and the vent passage and to allow fluid communication between the second modulation port and the vent passage, and in response to determining that there is the humidity control demand exists and that there is no cooling demand, the control module is configured to control the first and second control valves to cause the first and second pistons to move to the open position to allow fluid communication between the first modulation port and the vent passage and to allow fluid communication between the second modulation port and the vent passage. Thus, it is apparent that Patel falls far short of remedying the deficiencies in Stover, nor does he disclose or render obvious Applicant’s recited invention.
Bercot discloses another scroll compressor having similar arrangements to those described above, but fails to overcome or remedy the many deficiencies noted above.
As such, the best available prior art clearly falls short of disclosing or rendering obvious Applicant’s inventions as recited in Claims 1 and 14, and as such, the claims are found to be novel and non-obvious over the prior art. Therefore, the application, as a whole, is in proper condition for allowance.
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 ALEXANDER BRYANT COMLEY whose telephone number is (571)270-3772. The examiner can normally be reached Monday-Friday 9AM-6PM CST.
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 at 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.
/ALEXANDER B COMLEY/Primary Examiner, Art Unit 3746
ABC
Prosecution Insights