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 § 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.
Claim 30 is 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.
In Reference to Claim 30
The claim recitation of “preferably” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention and include a broad and narrow element (i.e.- curved polygon and a Reuleaux triangle). See MPEP § 2173.05(c)-(d).
For Examination purposes the claim recitations following preferably will be read as optional.
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) 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Honaga et al. (US 4,505,655).
In Reference to Claim 16
(See Honaga, Figures 3 and 2 as annotated by Examiner below)
Honaga et al. (Hon) discloses:
A machine for use as a combustion engine or compressor, comprising:
a cylindrical housing (5) extending along a longitudinal axis (A), the cylindrical housing (5) having an inner surface (33) defining an inner volume (space formed between 5 and 3),
a first (6) and second (7) housing plate arranged against a first and second longitudinal end of the cylindrical housing (5), respectively,
a rotor (3) arranged inside the cylindrical housing (5), the rotor (3) being configured to rotate around a rotational axis (B), the rotational axis (B) is parallel to but offset with respect to the longitudinal axis (A),
a plurality of sealing plates (20), configured to be movable relative the rotor (3) in a radial direction relative said rotational axis (B) so as to seal against the inner surface (33) of the cylindrical housing (5),
wherein any two neighboring sealing plates (20) defines a closed chamber together with the first housing plate (6), the second housing plate (7) and the inner surface (33) of the cylindrical housing (5), and
wherein the first housing plate (6) is biased (8) against the cylindrical housing (5) so as to be axially displaceable along the longitudinal axis (A) to enable expansion of the closed chamber along the longitudinal axis (A). (See Hon, Column 2, Line 18 – Column 3, Line 35).
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In Reference to Claim 17
(See Honaga, Figures 3 and 2 as annotated by Examiner above)
Hon discloses:
An outer housing plate (1) attached to the cylindrical housing (5), and
A biasing arrangement (8) arranged between the outer housing plate (1) and the first housing plate (6), elastically pressing the first housing plate (6) against the cylindrical housing (5). (See Hon, Column 2, Line 18 – Column 3, Line 35).
Claim(s) 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zeigler et al. (US 3,253,548).
In Reference to Claim 16
(See Zeigler, Figures 1 and 3-5 and Figure 2 as annotated by Examiner below)
Zeigler et al. (Zeig) discloses:
A machine for use as a combustion engine or compressor, comprising:
a cylindrical housing (44) extending along a longitudinal axis (A), the cylindrical housing (44) having an inner surface defining an inner volume (91),
a first (48) and second (52) housing plate arranged against a first and second longitudinal end of the cylindrical housing (44), respectively,
a rotor (36) arranged inside the cylindrical housing (44), the rotor (36) being configured to rotate around a rotational axis (B), the rotational axis (B) is parallel to but offset with respect to the longitudinal axis (A),
a plurality of sealing plates (42), configured to be movable relative the rotor (36) in a radial direction relative said rotational axis (B) so as to seal against the inner surface of the cylindrical housing (44),
wherein any two neighboring sealing plates (42) defines a closed chamber together with the first housing plate (48), the second housing plate (52) and the inner surface of the cylindrical housing (44), and
wherein the first housing plate (48) is biased (58) against the cylindrical housing (44) so as to be axially displaceable along the longitudinal axis (A) to enable expansion of the closed chamber along the longitudinal axis (A). (See Zeig, Column 2, Lines 4-71).
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In Reference to Claim 17
(See Zeigler, Figures 1 and 3-5 and Figure 2 as annotated by Examiner above)
Zeig discloses:
an outer housing plate (26) attached to the cylindrical housing (44), and a biasing arrangement (58) arranged between the outer housing plate (26) and the first housing plate (48), elastically pressing the first housing plate (48) against the cylindrical housing (44). (See Zeig, Column 2, Lines 4-71).
In Reference to Claim 18
(See Zeigler, Figures 1 and 3-5 and Figure 2 as annotated by Examiner above)
Zeig discloses:
Wherein the biasing arrangement (58) comprises: a plurality of elastic units (58) arranged in a circular pattern around the longitudinal axis (A), each elastic unit (58) being elastic in a direction parallel with the longitudinal axis (A) and configured to interact with the outer housing plate (26). (See Zeig, Column 2, Lines 4-71).
Claim(s) 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rohde (US 3,057,304).
In Reference to Claim 16
(See Rohde, Figures 1 and 3-6 and Figure 2 as annotated by Examiner below)
Rohde discloses:
A machine for use as a combustion engine or compressor, comprising:
a cylindrical housing (26) extending along a longitudinal axis (A), the cylindrical housing (26) having an inner surface defining an inner volume (42),
a first (30) and second (28) housing plate arranged against a first and second longitudinal end of the cylindrical housing (26), respectively,
a rotor (22) arranged inside the cylindrical housing (26), the rotor (22) being configured to rotate around a rotational axis (B), the rotational axis (B) is parallel to but offset with respect to the longitudinal axis (A),
a plurality of sealing plates (24), configured to be movable relative the rotor (22) in a radial direction relative said rotational axis (B) so as to seal against the inner surface of the cylindrical housing (26),
wherein any two neighboring sealing plates (24) defines a closed chamber together with the first housing plate (30), the second housing plate (28) and the inner surface of the cylindrical housing (26), and
wherein the first housing plate (30) is biased (96) against the cylindrical housing (26) so as to be axially displaceable along the longitudinal axis (A) to enable expansion of the closed chamber along the longitudinal axis (A). (See Rohde, Column 1, Line 43 – Column 2, Line 36).
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In Reference to Claim 17
(See Rohde, Figures 1 and 3-6 and Figure 2 as annotated by Examiner above)
Rohde discloses:
an outer housing plate (56) attached to the cylindrical housing (26), and a biasing arrangement (96) arranged between the outer housing plate (56) and the first housing plate (30), elastically pressing the first housing plate (30) against the cylindrical housing (26). (See Rohde, Column 1, Line 43 – Column 2, Line 36).
In Reference to Claim 18
(See Rohde, Figures 1 and 3-6 and Figure 2 as annotated by Examiner above)
Rohde discloses:
Wherein the biasing arrangement (96) comprises: a plurality of elastic units (96) arranged in a circular pattern around the longitudinal axis (A), each elastic unit (96) being elastic in a direction parallel with the longitudinal axis (A) and configured to interact with the outer housing plate (56). (See Rohde, Column 1, Line 43 – Column 2, Line 36).
In Reference to Claim 19
(See Rohde, Figures 1 and 3-6 and Figure 2 as annotated by Examiner above)
Rohde discloses:
wherein the biasing arrangement further comprises: an intermediate plate (82) arranged in abutment with the plurality of elastic units (96) on one side and in abutment with an outer surface of the first housing plate (30) on a second side, opposite to the first side. (See Rohde, Column 2, Line 36 – Column 2, Line 73).
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) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Honaga et al. (US 4,505,655) in view of Takada (US 3,988,080).
In Reference to Claim 29
Hon discloses the claimed invention except:
wherein each sealing plate comprises an apex sealing element extending along an apex of the sealing plate, the apex sealing element being biased against the inner surface of the cylindrical housing.
Takada discloses a vane pump assembly with sealing plates. (See Takada, Abstract & Column 6, Lines 5-18). Takada discloses apex seals within an apex of the sealing element. (See Takada, Figures 2-5, Column 2, Line 61 – Column 3, Line 40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added apex seals to the sealing plates of Hon, as both references are directed towards vane pump assemblies with sealing plates. One of ordinary skill in the art would have recognized that apex seals would improve the operation and sealing of the vane pump assembly by enhancing the seal against the cylindrical body and allowing for replacement of worn seals for maintenance.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeigler et al. (US 3,253,548) in view of Takada (US 3,988,080).
In Reference to Claim 29
Zeigler discloses the claimed invention except:
wherein each sealing plate comprises an apex sealing element extending along an apex of the sealing plate, the apex sealing element being biased against the inner surface of the cylindrical housing.
Takada discloses a vane pump assembly with sealing plates. (See Takada, Abstract & Column 6, Lines 5-18). Takada discloses apex seals within an apex of the sealing element. (See Takada, Figures 2-5, Column 2, Line 61 – Column 3, Line 40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added apex seals to the sealing plates of Zeigler, as both references are directed towards vane pump assemblies with sealing plates. One of ordinary skill in the art would have recognized that apex seals would improve the operation and sealing of the vane pump assembly by enhancing the seal against the cylindrical body and allowing for replacement of worn seals for maintenance.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rohde (US 3,057,304) in view of Takada (US 3,988,080).
In Reference to Claim 29
Rohde discloses the claimed invention except:
wherein each sealing plate comprises an apex sealing element extending along an apex of the sealing plate, the apex sealing element being biased against the inner surface of the cylindrical housing.
Takada discloses a vane pump assembly with sealing plates. (See Takada, Abstract & Column 6, Lines 5-18). Takada discloses apex seals within an apex of the sealing element. (See Takada, Figures 2-5, Column 2, Line 61 – Column 3, Line 40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added apex seals to the sealing plates of Rohde, as both references are directed towards vane pump assemblies with sealing plates. One of ordinary skill in the art would have recognized that apex seals would improve the operation and sealing of the vane pump assembly by enhancing the seal against the cylindrical body and allowing for replacement of worn seals for maintenance.
Allowable Subject Matter
Claim 30 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 20-28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach or fairly suggest “wherein a conical ring having a concave inner surface is arranged between the intermediate plate and first housing plate, and wherein the outer surface of the first housing plate is convex.” in claim 20 and “wherein each sealing plate is split into a first plate portion and a second plate portion and wherein the second plate portion is moveable relative the first plate portion in at least a direction parallel with the longitudinal axis, and a biasing element arranged between the first and second plate portions, exerting a force on the second plate portion in at least the longitudinal direction against the first housing plate.” in claim 22, each respectively and conjunction including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dietrich, Pekrul, Kemp, Fujimoto, Ruzic, Shkolnik, and Gevelhoff show compressor and engine devices within the general state of the art of invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
