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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an injection hole that communicates with the cylinder chamber and allows insertion of an injection pipe for conduction of the refrigerant is formed on the end plate” as recited in claim 1, must be shown or the feature(s) canceled from the claim(s).1 No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 16 and 17 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.
In claim 16, line 3, “the two cylinders” lacks sufficient antecedent basis in the claims because claim 1 from which this claim depends recites only one cylinder, i. e., “a cylinder” rendering the scope of the claim subject to uncertainty. It is suggested that claim 1 be amended to recite “at least one cylinder” or that this claim be amended to recite “the compression section including two cylinders.” Correction is required.
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.
Claims 1-5, 12, 13, 15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bush et al. (European Patent Application No. EP 0668444).
Regarding claim 1, Bush et al. discloses a rotary compressor (FIG.’s 1-3, Abstract) comprising:
a compression section 20, 22 (FIG. 1, col. 2, ll. 30-50, formed at bottom on compressor by cylinder 20 and piston 22 and associated structures) that compresses a refrigerant (normal operation);
a motor 42, 44 (Id., stator 42 and rotor 44) that drives the compression section (shown); and
a compressor main-body container 12 Id., that houses the compression section 20, 22 and the motor 42, 44 (shown), wherein the compression section includes a cylinder 20 in which an internal cylinder chamber 20-1 (FIG. 2, col. 3, ll. 40-50) is formed;
a piston 22 that revolves on an inner peripheral side of the cylinder 22 (under normal operation); and
an end plate 24 (col. 2, ln, 42, formed broadly by bearing 42 in the same manner as Applicant’s disclosed end plate 160S) that blocks an end portion of the cylinder 20 (as shown by virtue of its location),
an injection hole 24-2, 24-3 (FIG. 3, col. 3, ll. 1-12) that communicates with the cylinder chamber 20-1 (as shown and described) and allows insertion of an injection pipe 50, 52 (Id., formed by capillary tube 50 or connecting tube 50) for conduction of the refrigerant is formed on the end plate 24 (as shown), and the injection pipe 50, 52 is fixed to the injection hole 24-2, 24-3 via a holding pipe 56, 24-4 (Id., tube 56 or alternately formed broadly by structure forming bore 24-4) that holds an outer periphery of the injection pipe 50, 52 (as shown).
Re. claim 2, Bush further discloses an inner diameter of the holding pipe 56, 24-4 is equal to or larger than an outer diameter of the injection pipe 50, 52 (as shown clearly by arrangement of tubes on drawing FIG. 2).
Re. claim 3, Bush further discloses a communication hole 24-2 (col. 2, ln. 58) is formed in the end plate 24 along a thickness direction of the end plate 24 so as to allow communication between the injection hole 24-2 and the cylinder chamber 20-1 (as shown).
Re. claim 4, Bush further discloses the injection hole 24-2, 24-3 includes a large diameter portion in which the holding pipe 56, 24-2 is insertable, and a first small diameter portion in which the injection pipe 50, 52 is insertable (refer to an Annotated copy of Bush FIG. 3 attached below, as shown and indicated), and the first small diameter portion is formed so as to be continued from the large diameter portion, and located at a side of the communication hole 24-4 relative to the large diameter portion (shown).
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Annotated Bush FIG. 3
Re. claim 5, Bush further discloses the injection pipe 50, 52 is fixed to the injection hole (at either end formed by recited large and first small diameter portions), a tip portion of the holding pipe 56, 24-2 is located in the large diameter portion of the injection hole (shown), and a tip portion of the injection pipe 50, 52 is located in the first small diameter portion of the injection hole (as shown, at least broadly).
Re. claim 12, Bush further discloses an entire portion of the injection pipe 50, 52, held by the holding pipe 56, 24-2 (at least broadly as shown), is formed in a thinner shape than the holding pipe 56, 24-2 (as shown, since the dimensions of the holding pipe are greater laterally).
Re. claim 13, Bush further discloses an opening of the injection hole is formed in an outer peripheral surface of the end plate 24 in a radial direction (as shown).
Re. claim 15, Bush further discloses the injection pipe 50 is a capillary tube (col. 3, ln. 6).
Re. claim 18, Bush further discloses a sealing member 54, which blocks a gap between an inner peripheral surface of the injection hole (as shown, broadly) and an outer peripheral surface of the injection pipe 50, 52, is arranged on a tip portion of the injection pipe (as shown).
Claims 1, 9-11 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ueda (Japanese Patent Application Publication No. JP 2016/023582).2
Regarding claim 1, Ueda et al. discloses a rotary compressor (FIG.’s 1-4, Mach. Trans. ‘MT’ Overview) comprising:
a compression section 12 (FIG. 3, MT para. 0015) that compresses a refrigerant (normal operation);
a motor 11 (MT para. 0014) that drives the compression section (shown); and
a compressor main-body container 10 (MT para. 0013) that houses the compression section 12 and the motor 11 (shown), wherein the compression section 12 includes a cylinder 135S/T, 123S, T (MT para’s. 0015-0016) in which an internal cylinder chamber 130S/T (MT para. 0022) is formed;
a piston 125S/T (MT para. 0016, two pistons disclosed) that revolves on an inner peripheral side of the cylinder 135, 123 (under normal operation); and
an end plate 140 (MT para. 0036) that blocks an end portion of the cylinder (shown),
an injection hole 141 Id., that communicates with the cylinder chamber 130S/T (as shown and described) and allows insertion of an injection pipe 144 (Id., formed by injection tube 144) for conduction of the refrigerant is formed on the end plate 140 (as shown), and the injection pipe 144 is fixed to the injection hole 141 via a holding pipe 146 (Id., injection connection pipe 146) that holds an outer periphery of the injection pipe 144 (as shown).
Re. claim 9, Ueda further discloses a hole-side tapered portion (proximate 141) for determining a position of the holding pipe 144 is arranged in the injection hole 142K (FIG. 4, Mach. Trans. para.’s 0036-0038, as shown and described).
Re. claim 10, once modified, Ueda further teaches a pipe-side tapered portion 144c (Id., as shown) corresponding to the hole-side tapered portion 140, 141 is arranged in the holding pipe 146.
Re. claim 11, once modified, Ueda further teaches the hole-side tapered portion is arranged in a large diameter portion 142 of the injection hole (as shown), and the injection pipe 144 is fixed to the injection hole via the holding pipe 146 by fixing the holding pipe in the hole-side tapered portion (as shown, upon modification).
Re. claim 16, Ueda further discloses the compression section includes the two cylinders 121S/T, and the end plate 140 is an intermediate partition plate (MT para. 0036) that is arranged between the two cylinders 121S/T (as shown).
Claim Rejections - 35 USC § 103
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.
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Bush et al. (European Patent Application No. EP 0668444).
As to claim 6, Bush further discloses a size of a gap, which is formed between an inner peripheral surface of the first small diameter portion of the injection hole and an outer peripheral surface of the tip portion of the injection pipe 50-52 is formed (Annotated Bush FIG. 3, as shown and indicated, note gap). Bush is silent as to the size of the gap being smaller than 50 micrometers. However, such a gap is typically found in pipe couplings that are filled by a seal. To this point, the Examiner takes Official notice that it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to form the gap being smaller than 50 micrometers in order to allow for a seal or gasket therebetween as a matter of common mechanical and fluid connection design principles.
As to claim 14, Bush is silent as to an inner diameter of the injection pipe is formed to be equal to or smaller than 4 millimeters (mm). It has been held, see Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Since applicant has not disclosed that having the inner diameter size being equal to or smaller than 4 mm solves any stated problem or is for any particular purpose it appears Bush’s pipe size would perform equally well as the claimed inner diameter, absent persuasive evidence that the particular configuration of the claimed limitation is significant, it would have been an obvious matter of design choice, before the effective filing date of the instant application to modify the inner diameter size so that is equal to or less than 4 mm for the purpose of providing an adequate level of refrigerant flow to meet operational objectives. See MPEP 2144.04 (IV)(A), Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Claims 17 is rejected under 35 U.S.C. 103 as being unpatentable Ueda (Japanese Patent Application Publication No. JP 2016/023582).
As to claim 17, Ueda is discussed above in the rejection of claim 16 but is silent as to the intermediate partition plate is divided into two intermediate partition plates at the injection hole in a shaft direction, and the injection pipe is first arranged on one of the intermediate partition plates, and thereafter another one of the intermediate partition plates is bonded. However, this is simply duplicating the intermediate partition plate(s) of Ueda and installing the injection pipe therebetween. It has been held that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. Since the partition plate are used to divide the compression section into two sections, having duplicate plates would only produce an expected redundancy. Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the claimed invention to duplicate the partition plates and then bond the pipe therebetweeen in order to provide redundancy and increased structural rigidity of the parts. See MPEP § 2144.04 (VI)(B).
Note that bonding the partition plates together into one unit is a product by process limitation given lesser weight in this instance because Ueda’s end resulting intermediate plate configuration is equivalent. See MPEP § 2113 (I).
Allowable Subject Matter
Claims 7 and 8 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:
With respect to claim 7 and dependents, the prior art of record either alone or in combination does not teach or fairly suggest the rotary compressor of claim 1 with the limitations of intervening claims 4 and 5 further wherein the injection hole includes a second small diameter portion that is formed at a side of the communication hole so as to be continued from the first small diameter portion and that is thinner than an outer diameter of the tip portion of the injection pipe, and when the injection pipe is fixed to the injection hole, a step, which is formed at a boundary between the first small diameter portion and the second small diameter portion, blocks a gap between an outer peripheral surface of the injection pipe and an inner peripheral surface of the first small diameter portion.
This arrangement is depicted in Applicant’s FIG.’s 5-7. It is the Examiner’s opinion that modification of the applied art so that the injection hole and pipe with first and second small diameter portions having a step configured to block a gap that is configured in the manner claimed would not have been reasonably foreseeable without benefit of the disclosure of the instant invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH J HANSEN whose telephone number is (571)272-6780. The examiner can normally be reached Monday Friday 7:00 AM to 4:00 PM (MT).
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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.
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/KENNETH J HANSEN/ Primary Examiner, Art Unit 3746
1 The injection hole depicted in FIG. 3 is not evidently formed on the disclosed end plate 160S but on the disclosed intermediate partition plate 140.
2 Ueda cited in the IDS filed 7 November 2025. Note parallel rejection(s) due to divergent dependent claim subject matter and combinability of the applied art references.
Prosecution Insights