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 Objections
Claim 6 objected to because of the following informalities: “the other-side casing accommodating” should be “an other-side casing accommodating”; “including the other-side introduction flow path” should be “including an other-side introduction flow path”; “including the other-side inner wall surface” should be “including an other-side inner wall surface”; and “and the other-side guide protrusion portion” should be “and an other-side guide protrusion portion”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-2, 4, 6-8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022172885 to Shibata (see machine translation in file wrapper) in view of CN 103899411 to Wang (see machine translation in file wrapper).
(a) Regarding claim 1:
(i) Shibata discloses an electric compressor (see title) comprising:
an electric motor (electric motor 10, Fig 1);
a rotary shaft (rotating shaft 3, Fig 1) configured to be driven by the electric motor (Page 4 Lns 15-19);
a one-side impeller (low pressure stage impeller 4, Fig 1) attached to the rotary shaft on one side of the rotary shaft (Fig 1); and
a one-side casing (low pressure stage housing 6, Fig 1) accommodating the one-side impeller (Fig 1) and including a one-side introduction flow path for guiding a gas to the one-side impeller (supply passage 63, Fig 1).
(ii) Shibata does not disclose:
the one-side introduction flow path being configured to guide the gas from an outer side toward an inner side in a radial direction,
wherein the one-side casing includes a one-side inner wall surface defining a side opposite to a side where the one-side impeller of the one-side introduction flow path is located in an axial direction, and
a one-side guide protrusion portion protruding from the one-side inner wall surface toward the one-side impeller, and
the electric compressor further comprises at least one one-side sensor for acquiring information on the rotary shaft, the at least one one-side sensor being at least partially embedded in the one-side guide protrusion portion.
(iii) Shibata further discloses:
a casing (high pressure stage housing 7, Fig 1) defining an introduction flow path (supply channel 73 and impeller chamber 76, Fig 1) configured to guide gas from an outer side toward and inner side in the radial direction (Fig 1)
wherein the casing includes an inner wall surface (surface of high pressure stage housing 7 axially facing impeller 5, Fig 1) defining a side opposite to a side where an impeller (high pressure stage impeller 5, Fig 1) of the introduction flow path is located in an axial direction, and
a guide protrusion portion (portion of high pressure stage housing 7 axially extending to and surrounding rotating shaft 3, Fig 1) protruding from the inner wall surface toward the one-side impeller (Fig 1);
wherein this configuration allows for axially shorter casing thereby saving space and weight (Page 8 Lns 3-9). Modification of the one-side casing to include the structural features described above requires mere duplication of parts. Mere duplication of parts supports a prima facie obviousness determination, see MPEP 2144.04(VI)(B).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one-side casing to have the structural features of the casing described above through mere duplication of parts; see MPEP 2144.04(VI)(B).
(v) Wang teaches a compressor comprising:
a rotary shaft (speed measuring shaft 1, Fig 1);
a one-side guide protrusion portion (portion of bracket 2 extending axially toward and surrounding shaft 1, Fig 1);
the compressor further comprises at least one one-side sensor (rotational speed sensor 4, Fig 1) for acquiring information on the rotary shaft (Page 3 Lns 18-22), the at least one one-side sensor being at least partially embedded in the one-side guide protrusion portion (Fig 1).
(vi) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compressor as taught by Shibata with the above aforementioned at least one one-side sensor as taught by Wang for the purpose of measuring the rotation speed of the rotary shaft (Page 2 Ln 2) and concealing the at least one one-side sensor (Page 2 Lns 27-28).
(b) Regarding claim 2:
(i) Shibata as modified by Wang teaches the compressor of claim 1.
(ii) Wang further teaches wherein the at least one one-side sensor is embedded to be located on an extension line of a central axis of the rotary shaft (Fig 1).
(c) Regarding claim 4:
(i) Shibata as modified by Wang teaches the compressor of claim 1.
(ii) Wang further teaches wherein the at least one one-side sensor includes a rotation sensor configured to acquire information on a rotational motion of the rotary shaft (Page 2 Lns 22-24).
(d) Regarding claim 6:
(i) Shibata as modified by Wang teaches the compressor of claim 1.
(ii) Shibata further discloses:
an other-side impeller (high pressure stage impeller 5, Fig 1) attached to the rotary shaft on the other side of the rotary shaft (Fig 1);
the other-side casing (high pressure stage housing 7, Fig 1) accommodating the other-side impeller (Fig 1) and including the other-side introduction flow path (opening 71, supply channel 73, and impeller chamber 76; Fig 1) for guiding a gas to the other-side impeller (Fig 1),
the other-side introduction flow path being configured to guide the gas from the outer side toward the inner side in the radial direction (Fig 1),
the other-side casing including the other-side inner wall surface (inner surface of high pressure stage housing 7 facing an axially outer surface of high pressure stage impeller 5, Fig 1) defining a side opposite to a side where the other-side impeller of the other-side introduction flow path is located in the axial direction (Fig 5), and
the other-side guide protrusion portion (portion of high pressure stage housing 7 which axially extends toward and surrounds an axial end of rotary shaft 3, Fig 1) protruding from the other-side inner wall surface toward the other-side impeller (Fig 1); and
a gas introduction pipe (connecting piping 8, Fig 1) for guiding the gas passing through the one-side impeller to the other-side introduction flow path (Fig 1).
(e) Regarding claim 7:
(i) Shibata as modified by Wang teaches the compressor of claim 6.
(ii) Shibata as modified by Wang does not teach at least one other-side sensor for acquiring information on the rotary shaft, the at least one other-side sensor being at least partially embedded in the other-side guide protrusion portion.
(iii) Shibata as modified by Wang already teaches at least one one-side sensor for acquiring information on the rotary shaft, the one-side sensor being at least partially embedded in the one-side guide protrusion portion, and modifying the compressor to have at least one other-side sensor requires mere duplication of the at least one one-side sensor. Mere duplication of parts supports a prima facie obviousness determination, see MPEP 2144.04(VI)(B).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compressor as taught by the combined teachings of Shibata as modified by Wang to comprise at least one other-side sensor as claimed through mere duplication of parts; see MPEP 2144.04(VI)(B).
(f) Regarding claim 8:
(i) Shibata as modified by Wang teaches the compressor of claim 7.
(ii) Shibata as modified by Wang further teaches wherein at least one other-side sensor is embedded to be located on an extension line of a central axis of the rotary shaft (Wang: Fig 1).
(g) Regarding claim 10:
(i) Shibata as modified by Wang teaches the compressor of claim 7.
(ii) Shibata as modified by Wang further teaches wherein the at least one other-side sensor includes a rotation sensor configured to acquire information on a rotational motion of the rotary shaft (Wang: Page 2 Lns 22-24).
Claim(s) 3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022172885 to Shibata (see machine translation in file wrapper) in view of CN 103899411 to Wang (see machine translation in file wrapper) as applied to claim 1 above, and further in view of US 20070186551 to Ante.
(a) Regarding claim 3:
(i) Shibata as modified by Wang teaches the compressor of claim 1.
(ii) Shibata as modified by Wang further teaches wherein a one-side insertion recessed portion (Shibata: low pressure stage housing 6 modified to have the structure of high pressure stage housing 7 which has a recessed portion which receives an end of rotary shaft 3 and an unlabeled nut, Fig 1; Wang: bracket 2 has recess which receives an end of shaft 1, Fig 1) for inserting a one-side end portion of the rotary shaft is formed in the one-side guide protrusion portion (Shibata: Fig 1; Wang: Fig 1).
(iii) Shibata as modified by Wang does not teach wherein the at least one one-side sensor is embedded in an outer peripheral side of the one-side end portion inserted into the one-side insertion recessed portion of the rotary shaft.
(iv) Ante teaches wherein a sensor (magnetic field sensor 14 comprising sensor element 19 and magnet 20, Figs 13-15) embedded in an outer peripheral side of a one-side end portion of a rotary shaft (“element 21 … is integrated in the compressor-side end 10 of the turbocharger shaft 5”, Par 0061; Fig 16).
(v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least one-side sensor as taught by the combined teachings of Shibata as modified by Wang to be embedded in an outer peripheral side of the one-side end portion as taught by Ante for the purpose of varying a magnetic field through rotation of the rotary shaft (Pars 0061 and 0075).
(b) Regarding claim 9:
(i) Shibata as modified by Wang teaches the compressor of claim 7.
(ii) Shibata as modified by Wang further teaches wherein an other-side insertion recessed portion (Shibata: high pressure stage housing 7 has a recessed portion which receives an end of rotary shaft 3 and an unlabeled nut, Fig 1; Wang: bracket 2 has recess which receives an end of shaft 1, Fig 1) for inserting an other-side end portion of the rotary shaft is formed in the other-side guide protrusion portion (Shibata: Fig 1; Wang: Fig 1).
(iii) Shibata as modified by Wang does not teach wherein the at least one other-side sensor is embedded in an outer peripheral side of the other-side end portion inserted into the other-side insertion recessed portion of the rotary shaft.
(iv) Ante teaches wherein a sensor (magnetic field sensor 14 comprising sensor element 19 and magnet 20, Figs 13-15) is embedded in an outer peripheral side of an other-side end portion of a rotary shaft (“element 21 … is integrated in the compressor-side end 10 of the turbocharger shaft 5”, Par 0061; Fig 16).
(v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least one other-side sensor as taught by the combined teachings of Shibata as modified by Wang to be embedded in an outer peripheral side of the other-side end portion as taught by Ante for the purpose of varying a magnetic field through rotation of the rotary shaft (Pars 0061 and 0075).
Claim(s) 5 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022172885 to Shibata (see machine translation in file wrapper) in view of CN 103899411 to Wang (see machine translation in file wrapper) as applied to claim 1 above, and further in view of US 10858951 to Hasegawa.
(a) Regarding claim 5:
(i) Shibata as modified by Wang teaches the compressor of claim 1.
(ii) Shibata as modified by Wang does not teach wherein the at least one one-side sensor includes a gap sensor configured to acquire information on a distance between a one-side end portion of the rotary shaft and the one-side sensor.
(iii) Hasegawa teaches a one-side sensor which includes a gap sensor (gap sensor 25, Fig 1) configured to acquire information on a distance between a one-side end portion of a rotary shaft (rotary shaft 5, Fig 1).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least one one-side sensor as taught by the combined teachings of Shibata as modified by Wang to include a gap sensor as taught by Hasegawa for the purpose of directly detecting the axial position of the rotary shaft (Col 8 Lns 43-45).
(b) Regarding claim 11:
(i) Shibata as modified by Wang teaches the compressor of claim 7.
(ii) Shibata as modified by Wang does not teach wherein the at least one other-side sensor includes a gap sensor configured to acquire information on a distance between an other-side end portion of the rotary shaft and the at least one other-side sensor.
(iii) Hasegawa teaches a one-side sensor which includes a gap sensor (gap sensor 25, Fig 1) configured to acquire information on a distance between an other-side end portion of a rotary shaft (rotary shaft 5, Fig 1) and the gap sensor.
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least one other-side sensor as taught by the combined teachings of Shibata as modified by Wang to include a gap sensor as taught by Hasegawa for the purpose of directly detecting the axial position of the rotary shaft (Col 8 Lns 43-45).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022172885 to Shibata (see machine translation in file wrapper) in view of CN 103899411 to Wang (see machine translation in file wrapper) as evidenced by US 10746052 to Watanabe.
(a) Regarding claim 12:
(i) Shibata as modified by Wang teaches the compressor of claim 1.
(ii) Shibata as modified by Wang further teaches wherein the one-side casing includes a flow path forming member including the one-side inner wall surface and the one-side guide protrusion portion (see rejection of claim 1 above).
(iii) Shibata as modified by Wang does not teach wherein the flow path forming member is resin-made.
(iv) It is well known in the art that resin is a suitable material for forming a casing of a compressor as evidenced by Watanabe (Col 3 Lns 29-35). The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination, see MPEP 2144.07.
(b) Regarding claim 13:
(i) Shibata discloses an electric compressor (see title) comprising:
an electric motor (electric motor 10, Fig 1);
a rotary shaft configured to be driven by the electric motor (Page 4 Lns 15-19);
a one-side impeller (low pressure stage impeller 4, Fig 1) attached to the rotary shaft on one side of the rotary shaft (Fig 1); and
a one-side casing (low pressure stage housing 6, Fig 1) accommodating the one-side impeller (Fig 1) and including a one-side introduction flow path for guiding a gas to the one-side impeller (supply passage 63, Fig 1).
(ii) Shibata does not disclose:
the one-side introduction flow path being configured to guide the gas from an outer side toward an inner side in a radial direction,
wherein the one-side casing includes a resin-made flow path forming member including a one-side inner wall surface defining a side opposite to a side where the one-side impeller of the one-side introduction flow path is located in an axial direction, and
a one-side guide protrusion portion protruding from the one-side inner wall surface toward the one-side impeller, and
the electric compressor further comprises at least one one-side sensor for acquiring information on the rotary shaft, the at least one one-side sensor being disposed on one side with respect to a one-side end surface of the flow path forming member.
(iii) Shibata further discloses:
a casing (high pressure stage housing 7, Fig 1) defining an introduction flow path (supply channel 73 and impeller chamber 76, Fig 1) configured to guide gas from an outer side toward and inner side in the radial direction (Fig 1)
wherein the casing includes a flow path forming member including an inner wall surface (surface of high pressure stage housing 7 axially facing impeller 5, Fig 1) defining a side opposite to a side where an impeller (high pressure stage impeller 5, Fig 1) of the introduction flow path is located in an axial direction, and
a guide protrusion portion (portion of high pressure stage housing 7 axially extending to and surrounding rotating shaft 3, Fig 1) protruding from the inner wall surface toward the one-side impeller (Fig 1);
wherein this configuration allows for axially shorter casing thereby saving space and weight (Page 8 Lns 3-9). Modification of the one-side casing to include the structural features described above requires mere duplication of parts. Mere duplication of parts supports a prima facie obviousness determination, see MPEP 2144.04(VI)(B).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one-side casing to have the structural features of the casing described above through mere duplication of parts; see MPEP 2144.04(VI)(B).
(v) Wang teaches a compressor comprising:
a rotary shaft (speed measuring shaft 1, Fig 1);
a one-side guide protrusion portion (portion of bracket 2 extending axially toward and surrounding shaft 1, Fig 1);
the compressor further comprises at least one one-side sensor (rotational speed sensor 4, Fig 1) for acquiring information on the rotary shaft (Page 3 Lns 18-22), the at least one one-side sensor being disposed on one side with respect to a one-side end surface of a flow path forming member (inner surface of protrusion, Fig 1).
(vi) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compressor as taught by Shibata with the above aforementioned at least one one-side sensor as taught by Wang for the purpose of measuring the rotation speed of the rotary shaft (Page 2 Ln 2) and concealing the at least one one-side sensor (Page 2 Lns 27-28).
(vii) Shibata as modified by Wang does not teach wherein the flow path forming member is resin-made.
(viii) It is well known in the art that resin is a suitable material for forming a casing of a compressor as evidenced by Watanabe (Col 3 Lns 29-35). The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination, see MPEP 2144.07.
(c) Regarding claim 14:
(i) Shibata as modified by Wang as evidenced by Watanabe teaches the compressor of claim 13.
(ii) Shibata as modified by Wang as evidenced by Watanabe further teaches wherein the one-side end surface of the flow path forming member includes an outer recessed portion (Wang: space of bracket 2 recessed from hidden hole 10 receiving sensor 4, Fig 1) recessed to a side where the one-side impeller is located (Wang: Fig 1), and the at least one one-side sensor is disposed in the outer recessed portion (Wang: Fig 1).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022172885 to Shibata (see machine translation in file wrapper) in view of CN 103899411 to Wang (see machine translation in file wrapper) as applied to claim 1 above, and further in view of US 12584440 to Keuler.
(a) Regarding claim 15:
(i) Shibata as modified by Wang teaches the compressor of claim 1.
(ii) Shibata further discloses a control device (power control unit 226, Fig 8) but does not disclose wherein the control device is configured to adjust a rotation speed of the electric motor in view of information on the rotary shaft which is acquired by the at least one one-side sensor.
(iii) Keuler teaches a compressor (130, Fig 1) and at least one sensor (speed sensor 140, Fig 1) and a control device (turbo controller 180, Fig 1) configured to adjust a rotation speed of an electric motor in view of information on a rotary shaft acquired by the sensor (see abstract).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the control device as disclosed by Shibata to be configured to adjust a rotation speed of the electric motor in view of information on the rotary shaft acquired by the sensor as taught by Keuler for the purpose of controlling the speed of the rotary shaft (see abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 10174670 to An teaches an electric compressor which uses a controller to control the speed of an electric motor based on a rotational speed of the shaft attached to the motor. US 7112958 to Yamada teaches an electric compressor wherein the rotational speed of a rotary shaft is measured by a sensor and a controller controls the rotational speed of an electric motor based on the measured rotational speed (Fig 2).
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/JUSTIN A PRUITT/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745