13178555 (P.T.A.B. Aug. 19, 2016)

Ex Parte Thibodeaux

Patent Trial and Appeal BoardAug 19, 2016

13178555 (P.T.A.B. Aug. 19, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/178,555 07/08/2011 26096 7590 08/23/2016 CARLSON, GASKEY & OLDS, P,C 400 WEST MAPLE ROAD SUITE 350 BIRMINGHAM, MI 48009 FIRST NAMED INVENTOR Lamar Wilson Thibodeaux UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 60298-653US1; ST 362 8647 EXAMINER HERRMANN, JOSEPH S ART UNIT PAPER NUMBER 3746 NOTIFICATION DATE DELIVERY MODE 08/23/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): ptodocket@cgolaw.com cgolaw@yahoo.com PTOL-90A (Rev. 04/07) L11'-~ITED ST ATES PATENT AND TRADE~'v1ARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte LAMAR WILSON THIBODEAUX Appeal2014-006805 Application 13/178,555 Technology Center 3700 Before CHARLES N. GREENHUT, LISAM. GUIJT, and GORDON D. KINDER, Administrative Patent Judges. GUIJT, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant, 1 seeks our review under 35 U.S.C. Â§ 134 of the Examiner's decision2 rejecting claims 1 and 3---63 under 35 U.S.C. Â§ 103(a) as unpatentable 1 Appellants identify the real party in interest as Danfoss Scroll Technologies LLC. App. Br. 1. 2 Appeal is taken from the Final Office Action dated October 25, 2013 ("Final Act."), as modified by the Advisory Action dated March 20, 2014. 3 Claims 7 and 8 are cancelled. See App. Br. 2; Adv. Act. dated Mar. 20, 2014. Accordingly, the rejection of claims 7 and 8 under 35 U.S.C. Â§ 112, fourth paragraph, is withdrawn, as is the Examiner's objection to claim 8. Ans. 9-10. Appeal2014-006805 Application 13/178,555 over vVisner (US 5,199,898; iss. Apr. 6, 1993) and Tutthill (US 3,495,028; iss. Feb. 10, 1970). We have jurisdiction under 35 U.S.C. Â§ 6(b). We REVERSE. CLAIMED SUBJECT MATTER Sole independent claim 1, reproduced below, is representative of the subject matter on appeal. 1. A sealed compressor comprising: an electric motor received within a hermetically sealed shell, and said electric motor driving a compressor pump unit, an electric connection through said shell for providing electric power to said motor, a terminal housing mounted outwardly on said shell, with a terminal plug for supplying electrical power from outside of said shell into a connector within said shell, and a grommet at an opening in said shell which allows passage of electric connection from said terminal plug to said electric connector, said grommet having a curved portion sealing against a face of said terminal plug facing said shell, and an outer surface sealing against an outer surface of said shell, with said grommet having an interior portion allowing passage of the electrical connections from said terminal plug into said electric connector within said shell. ANALYSIS Regarding independent claim 1, the Examiner finds, inter alia, that Wisner's grommet (member 70) has a curved portion, as generally indicated by center portion 72 of hermetic seal assembly 24, which seals against a face (generally indicated by recess 46) of a terminal plug (cluster block 40) facing the shell 2 Appeal2014-006805 Application 13/178,555 (sidewall 22). Final Act. 4--5 (citing vVisner, col. 4, 11. 19-29, Figs. 6, 10). In support, the Examiner points to Wisner' s disclosure that [a]s shown in FIGS. 6 and 7, conventional cluster block 40 includes an insulating cluster socket 42 preferably constructed from plastic with a plurality of power supply wires 44 attached. Cluster block 40 is preferably made of molded neoprene but other plastics may be used. On one side of cluster socket 42 is a recess 46 that is shaped to accept and engage portion 72 of hermetic terminal assembly 24. Covering and engagement of portion 72 by socket 42 seals hermetic terminal assembly 24 and may contain refrigerant within the compressor if hermetic terminal assembly 24 vents. Ans. 10-11 (citing Wisner, col. 4, 11. 19-29). Appellant argues that "[t]here is nothing curved" in Wisner's center portion 72, but instead, Wisner' s center portion 72 "appears to be more of a cylindrical surface." App. Br. 2. Although a curved portion of member 70 is depicted at lead line 72 in Figures 1 and 10 of Wisner, we cannot find support in Wisner that such curved portion seals against a face of recess 46 of \X/isner' s cluster socket 42 (or terminal plug) that also faces Wisner's sidewall 22 (or shell), as required by claim 1. See Figs. 1, 6, 10. To the contrary, Figures 1 and 10 of Wisner depict a gap between such curved portion and any surface of recess 46 that faces side wall 22. The contact that is depicted in Wisner's Figures 1 and 10 is between member 70 and a surface of recess 46 that may be cylindrical, and, therefore, curved, as the Examiner indicates (Ans. 10), but that surface does not face side wall 22; it is perpendicular to side wall 22. Further, the disclosure in Wisner relied on by the Examiner as stated supra, namely, that recess 46 "is shaped to accept and engage portion 72 of hermetic terminal assembly 24," does not support the Examiner's finding that the curved portion of member 70 seals against the surface of recess 46 that faces side wall 22. Rather, consistent with Wisner' s Figures 1 and 10, all that 3 Appeal2014-006805 Application 13/178,555 is disclosed is that the surfaces of recess 46 that are depicted as contacting member 70 are shaped to accept and engage portion 72 of hermetic terminal assembly 24, and such surfaces do not face side wall 22. Accordingly, we cannot sustain the Examiner's rejection of independent claim 1 and claims 3---6 depending therefrom. DECISION The Examiner's rejection of claims 1 and 3---6 is REVERSED. REVERSED 4