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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/29/2025 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-6, 8-11, 13-16, and 20-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 2482428 in view of Baran USPN 6324057 & Fujiki US 2018/0023593.
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Annotated Figure 1 of EP 2482428 (Attached Figure A)
Regarding Claim 1: EP 2482428 discloses the limitations: A fan shroud (the fan shroud is defined by the sum of its parts) for a pump assembly (i.e. for an outdoor installed pump ¶0013) having a pump (there would inherently be a pump in the articulated outdoor installed pump), a motor (= 54,55, Fig 2), a plate (=11 in the figures), and a drive (i.e. power converter 31 inside power converter case 30, ¶0014, ¶0017-¶0020), the fan shroud comprising:
a fan shroud end cap (= 57,20) coupled to a rear end of the motor (as seen from Figs 1-2, the structure of the fan shroud end cap is attached via element 51 to a rear end of element 54 of the motor, also see ¶0014), the fan shroud end cap having a vented surface (as seen in Fig 3 element 20 of the fan shroud end cap has openings 21, ¶0017) for receiving cool air (¶0017) drawn by a motor fan 58 during operation of the motor (¶0018);
an extended shell sidewall 10 extending from the fan shroud end cap (Fig 1 & Fig 3), across a length of the motor (as understood from Fig 1 & Fig 3), and adjacent to the plate of the pump (as understood from Fig 1 & Fig 3);
a first wall extending upwardly and outwardly from the extended shell sidewall on a first side of the fan shroud (see Annotated Figure 1 of EP 2482428 (Attached Figure A) above; as seen in Attached Figure A the identified first wall extends upwardly and outwardly from an outer surface of the extended shell sidewall; the identified first wall = the identified flat wall/surface); and
a second wall extending upwardly and outwardly from the extended shell sidewall on a second side of the fan shroud (Attached Figure A; as seen in Attached Figure A the identified second wall extends upwardly and outwardly from an outer surface of the extended shell sidewall; also the identified second wall = the flat wall/surface extending parallel to the first wall),
wherein the first wall and the second wall each include a section (the sections of the first and second wall = the external surface of the respective first/second walls) adjacent to a drive heat sink of the drive (drive heat sink = 51,52L,52S,53, ¶0017-¶0019; as understood from Figs 1-3 each of the respective walls/sections is adjacent to (i.e. located close to) fins 52L of the articulated drive heat sink), and
wherein the fan shroud end cap (57,20) and the extended shell sidewall are configured to surround the motor (as understood from Fig 1 & Fig 3). EP 2482428 is silent regarding the limitations: wherein the sections are vent sections, and each vent section including at least one vent opening. The prior art of Baran USPN 6324057 which is directed to a controller housing 12, like power converter case 30 of EP 2482428, is noted.
However, Baran USPN 6324057 does disclose the limitations: a controller housing (12, Figs 1-2, Column 4 Line 15-47); the controller housing 12 having a first wall (first wall = 14 in Fig 2) on a first side (first side = front side in Fig 2 where sidewall 14 is located) and a second wall (second wall = 16 in Fig 2) on a second side (second side = rear side in Fig 2 where sidewall 16 is located);
wherein the first wall 14 and the second wall 16 each include a vent section (vent section = outer surfaces of walls 14/16 that ventilation slots 24 extend through, Fig 2), each vent section including at least one vent opening (as seen in Fig 2 each articulated vent section includes a plurality of openings/slots 24, Column 4 Line 27-32).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the first wall and the second wall of power converter case 30 of EP 2482428 with the plurality/number of ventilation slots formed in the sidewalls 14,16 of Baran USPN 6324057 in order to allow heat to exit from the interior volume of the device by convective flow (Column 4 Line 15-32).
EP 2482428 is silent regarding the limitations: a seal plate. The prior art of Fujiki US 2018/0023593 which is directed to an electric motor driven pump (title, abstract) like EP 2482428, is noted.
However, Fujiki US 2018/0023593 discloses the limitations: a motor M driving a pump 17, and a seal plate 12 located between the motor and the pump (see Fig 1), the motor sealed by the seal plate (¶0017, ¶0020), the motor adjacent the seal plate of the pump (see Fig 1).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to configure the plate 11 of EP 2482428 so as to seal the motor accommodating space from the pump using a seal plate 12 of Fujiki US 2018/0023593, in light of the teachings of Fujiki US 2018/0023593, in order to seal the motor accommodating space from the pump (¶0017-¶0020).
Regarding Claim 2: EP 2482428 does disclose the limitations: wherein the fan shroud is configured to direct the cool air drawn through the fan shroud end cap (as understood from Figs 2-3) across the drive heat sink connected to the drive after directing the cool air across the motor (as understood from Fig 2-3, the cool air is first directed across an axial end of the motor located adjacent element 57 in Fig 2, and then as shown by the arrows in Fig 2 the cool air is directed across elements 52L and 52S of the drive heat sink).
Regarding Claim 4: EP 2482428 as modified by Fujiki US 2018/0023593 does disclose the limitations: wherein the extended shell sidewall (EP ‘428 – 10) is spaced apart from the motor along the length of the motor (EP ‘428 – as understood from Figs 1-3) to allow air flow from the fan shroud end cap to the seal plate (in the combination of prior art the plate 11 of EP ‘428 is modified with the seal plate 12 of Fujiki; thus in the combination the air would be allowed to flow along the entire axial length of the motor from the fan shroud end cap (EP ‘428 – i.e. element 20 of the fan shroud end cap) to the seal plate (EP ‘428 – plate 11, see Figs 2-3 | Fujiki – 12, see Fig 1) as claimed).
Regarding Claim 5: EP 2482428 does disclose the limitations: wherein the length is substantially an entire length of the motor (as understood from Fig 1 & Fig 3 the length (that extended shell sidewall 10 extends) is the entire axial length of the motor).
Regarding Claim 6: EP 2482428 as modified by Fujiki US 2018/0023593 discloses the claimed limitations: wherein the extended shell sidewall (EP ‘428 – 10) abuts the seal plate (EP ‘428 – ¶0014 states that the extended shell sidewall 10 is attached to element 11 (i.e. the seal plate (EP ‘428 – plate 11, see Figs 2-3 | Fujiki – 12, see Fig 1) in the combination) – since element 10 would inherently have to abut element 11 in order to be attached, given the structure shown in the Figures of EP ‘428, the prior art addresses the claimed feature) to form an end enclosure configured to enclose an end of the motor opposite the fan shroud end cap (an end of the motor opposite the fan shroud end cap = right axial end of the motor 54,55 located near plage 11 in Fig 2; given the structure shown in Figs 1-3 of EP ‘428, the extended shell sidewall 10 of EP ‘428 and the seal plate (EP ‘428 – plate 11, Figs 2-3 | Fujiki – 12, Fig 1) form an end enclosure in the combination within the same confines the instant application addresses this language).
Regarding Claim 8: EP 2482428 as modified by Baran USPN 6324057 does disclose the limitations: wherein each vent section is positioned adjacent to fins (in the combination of art each vent section (i.e. grouping of ventilation slots formed in the first wall/sidewall 14 & formed in the second wall/sidewall 16) would be positioned close (i.e. adjacent) to fins (EP ‘428 – 52L) on the first/second side (EP ‘428 – as seen in Fig 3); the two sets of fins (EP ‘428 – 52L) correspond to the claimed fins) that extend from the drive heat sink (EP ‘428 – each set of fins extend from the structure of the heat sink identified by element 53 in Fig 3 of EP ‘428) and downward from the drive (EP ‘428 – downward away from drive 31; as understood from the figures of EP ‘428 each set of fins 52L tapers and decreases in width from the base to the tip of each fin, accordingly each of the fins 52L in Fig 3 has a surface that extends downward and away from the drive 31 in the assembled state; thus the articulated fins 52L extend from the drive heatsink and downward from the drive as claimed).
Regarding Claim 9: EP 2482428 as modified by Baran USPN 6324057 & Fujiki US 2018/0023593 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 1. Additionally, EP 2482428 as modified by Baran USPN 6324057 discloses the limitations: wherein each vent section includes a plurality of vent openings (it does, in the combination each of the first and second walls in Attached Figure A of EP ‘428 will have the plurality of vent openings (i.e. ventilation slots 24) as taught by Baran, thus forming the first and second vent sections claimed).
Additionally, Regarding Claim 9: EP 2482428 as modified by Baran USPN 6324057 discloses the claimed limitations except for: “(each of the vent sections is) a lattice of honeycombs, and wherein a first portion of the lattice of honeycombs is provided in the form of a plurality of vent openings, and a second portion of the lattice of honeycombs is blocked”. It would have been an obvious matter of design choice to --design each of the vent sections to be a lattice of honeycombs, where a first portion of the lattice of honeycombs is provided in the form of a plurality of vent openings, and a second portion of the lattice of honeycombs is blocked--, since no stated problem is solved or unexpected results obtained in having (each of the vent sections be) a lattice of honeycombs, and wherein a first portion of the lattice of honeycombs is provided in the form of a plurality of vent openings, and a second portion of the lattice of honeycombs is blocked versus the design taught by EP 2482428 as modified by Baran USPN 6324057. Applicant has not disclosed why it is important/critical that (each of the vent sections is) a lattice of honeycombs, and wherein a first portion of the lattice of honeycombs is provided in the form of a plurality of vent openings, and a second portion of the lattice of honeycombs is blocked and has not demonstrated that this feature solves any stated problem or is for any particular purpose; and it appears that EP 2482428 as modified by Baran USPN 6324057 would perform equally well with each of the vent sections being designed as a lattice of honeycombs, and wherein a first portion of the lattice of honeycombs is provided in the form of a plurality of vent openings, and a second portion of the lattice of honeycombs is blocked, given that it is within the general skill of a worker in the art to place the vent openings in locations where the airflow through the vent openings occurs as desired in order to achieve the particular amount of desired cooling. Furthermore, deciding where to place blocked portions and openings in the respective vent sections is within the general skill level of a worker in the art and is a feature that will depend on convenience and/or available materials/parts. In any instance the vent openings will still be able to normally perform their function when designed in the manner claimed.
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Annotated Figure 1 of EP 2482428 (Attached Figure F)
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Annotated Figure 1 of EP 2482428 (Attached Figure F’)
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Annotated Figure 1 of EP 2482428 (Attached Figure F’’)
Regarding Claim 10: EP 2482428 as modified by Baran USPN 6324057 & Fujiki US 2018/0023593 does disclose the limitations: wherein the second portion of the lattice of honeycombs is near the fan shroud end cap and the first portion of the lattice of honeycombs comprises front vents near the seal plate of the pump (see the different versions of Annotated Figure 1 of EP 2482428 (Attached Figure F/ Attached Figure F’/ Attached Figure F’’) above; it is noted that when defining the second portion and the first proton in claim 10, applicant merely requires that the respective portions are near (i.e. close to) the articulated fan shroud end cap / seal plate – and this is shown in each version of Attached Figure F above; however it is noted that the near language in the claim used to define both the second and first portions, does nothing to constrain the other of the second and first portions (e.g. both can be near/close the fan shroud end cap and/or the seal plate as claimed, accordingly in the combination of prior art each of Attached Figure F/ Attached Figure F’/ Attached Figure F’’ disclose the features recited in claim 10 – since the locations of the openings / first portion and the blocked portions / second portion is within the general skill level of a worker in the art and/or a design choice as explained in the rejection of claim 9).
Regarding Claim 11: EP 2482428 as modified by Baran USPN 6324057 & Fujiki US 2018/0023593 does disclose the limitations: wherein the second portion of the lattice of honeycombs is blocked along one of a horizontal direction (Attached Figure F’) from the fan shroud end cap toward the seal plate of the pump (Attached Figure F’), a vertical direction (Attached Figure F) from the motor toward the drive (Attached Figure F), or a diagonal direction (Attached Figure F’’).
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Annotated Figure 1 of EP 2482428 (Attached Figure B)
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Annotated Figure 1 of EP 2482428 (Attached Figure C)
Regarding Claim 13: EP 2482428 discloses the limitations: A pump assembly (the pump assembly is defined by the sum of its parts) configured for moving water through an aquatic system (it has been held that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus". See MPEP 2114; additionally, ¶0013 states that the device is for use in driving an outdoor-installed pump, since outdoor-installed pumps are known to be used for moving water through an aquatic system the device of EP ‘428 would be able to operate as claimed), the pump assembly comprising:
a pump unit (i.e. outdoor-installed pump described in ¶0013);
a motor (= 54,55, Fig 2) coupled to the pump unit (the motor would inherently be coupled to the pump unit via shaft 56, ¶0016), the motor configured to power the pump unit (¶0013,¶0016);
a drive (i.e. power converter 31 inside power converter case 30, ¶0014, ¶0017-¶0020) for controlling the motor (as disclosed in ¶0017 the power converter 31 includes the inverter which delivers power to the motor as known in the art; thus since element 31 is able to increase or decrease the amount of power delivered to the motor, it is able to control the motor as claimed);
a drive heat sink (drive heat sink = 51,52L,52S,53, ¶0017-¶0019) adjacent the motor (as understood from Figs 1-3); and
a fan shroud cooling system (the fan shroud cooling system is defined by the sum of its parts) at least partially enclosing the motor (as understood from Figs 1-3), the fan shroud cooling system including:
an extended shell sidewall (see Annotated Figure 1 of EP 2482428 (Attached Figure B) above) extending across a length of the motor (since the identified extended shell side wall is defined by a bottom portion of element 10, and ¶0014 states one end portion of element 10 is attached to element 20 and the other end portion of element 10 is attached to element 11; it follows that the identified extended shell side wall extends across the entire length of the motor located between element 20 and element 11 in Figs 1-3),
a heat sink enclosure (Attached Figure B) extending from the extended shell sidewall (as seen in Attached Figure B) and substantially enclosing the drive heat sink (as understood from Figs 1-3),
a first lateral wall of the heat sink enclosure (see Attached Figure B & Annotated Figure 1 of EP 2482428 (Attached Figure C) above), and
a second lateral wall of the heat sink enclosure (Attached Figure B & Attached Figure C), wherein the second lateral wall is opposite the first lateral wall (as seen in Attached Figure B & Attached Figure C; also the identified second lateral wall = the flat wall/surface extending parallel to the first lateral wall). EP 2482428 is silent regarding the limitations: the first lateral wall having a first vent; and the second lateral wall having a second vent. The prior art of Baran USPN 6324057 which is directed to a controller housing 12, like power converter case 30 of EP 2482428, is noted.
However, Baran USPN 6324057 does disclose the limitations: a controller housing (12, Figs 1-2, Column 4 Line 15-47); the controller housing 12 having a first lateral wall (first lateral wall = 14 in Fig 2) and a second wall (second wall = 16 in Fig 2); and the first lateral wall having a first vent (as seen in Fig 2 element 14 includes a plurality of openings/slots 24, Column 4 Line 27-32); and the second lateral wall having a second vent (as seen in Fig 2 element 16 includes a plurality of openings/slots 24, Column 4 Line 27-32).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the first lateral wall and the second lateral wall of power converter case 30 of EP 2482428 with the plurality/number of ventilation slots formed in the lateral walls/sidewalls 14,16 of Baran USPN 6324057 in order to allow heat to exit from the interior volume of the device by convective flow (Column 4 Line 15-32).
EP 2482428 is silent regarding the limitations: a housing surrounding the pump unit; and the motor extending away from the housing. The prior art of Fujiki US 2018/0023593 which is directed to an electric motor driven pump (title, abstract) like EP 2482428, is noted.
However, Fujiki US 2018/0023593 discloses the limitations: a motor M driving a pump unit 17, a housing (12,18, ¶0020-¶0021) surrounding the pump unit (as seen in Fig 1); and the motor extending away from the housing (as seen in Fig 1).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to configure the plate 11 and outdoor-installed pump of EP 2482428 so as to isolate the motor from the pumped fluid using a housing 12,18 surrounding the pump unit 17 of Fujiki US 2018/0023593, in light of the teachings of Fujiki US 2018/0023593, in order to seal the motor accommodating space from the pump (¶0017-¶0020, ¶0011).
Further Regarding Claim 13: EP 2482428 as modified by Baran USPN 6324057 & Fujiki US 2018/0023593 discloses the claimed limitations except for: “the first and second lateral walls flare upwardly and away from one another as the first and second lateral walls extend from the motor toward the drive”. Changes in shape are a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed the first and second lateral walls flare upwardly and away from one another as the first and second lateral walls extend from the motor toward the drive. was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966); MPEP § 2144.04(IV)(B). This is particularly true when the specification gives little or no description of why such changes in shape are unique, unpredictable, advantageous, or the like. No disclosure is given in the application with regards to the significance of the first and second lateral walls flare upwardly and away from one another as the first and second lateral walls extend from the motor toward the drive.
It would have been obvious to one having ordinary skill in the art at the time of applicant's invention to have such a flared shape for the first and second lateral walls as such changes in shape are a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed flared shape for the first and second lateral walls was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966); MPEP § 2144.04(IV)(B). This is particularly true when the specification gives little or no description of why such changes in shape are unique, unpredictable, advantageous, or the like. No disclosure is given in the application with regards to the significance of the flared shape for the first and second lateral walls.
Regarding Claim 14: EP 2482428 does disclose the limitations: wherein the fan shroud cooling system is configured to direct cool air drawn through the fan shroud cooling system (i.e. draw air through element 20 as understood from Figs 1-3) across a portion of the motor (i.e. across an axial end of the motor located adjacent element 57 in Fig 2 as understood from Figs 1-3) and then across a portion of the drive heat sink (as understood from Fig 2-3 and shown by the arrows in Fig 2, after flowing across the axial end of the motor, the cool air is then directed across elements 52L and 52S of the drive heat sink).
Regarding Claim 15: EP 2482428 does disclose the limitations: wherein the fan shroud cooling system further comprises a fan shroud end cap (= 57,20) connected to and secured around (i.e. near) a rear end portion of the motor (as seen from Figs 1-2, the structure of the fan shroud end cap is attached via element 51 to a rear end of element 54 of the motor, also see ¶0014), the fan shroud end cap having a vented surface (as seen in Fig 3 element 20 of the fan shroud end cap has openings 21, ¶0017) for receiving cool air (¶0017) drawn by a motor fan 58 during operation of the pump assembly (¶0018), and wherein the fan shroud end cap and the extended shell sidewall substantially enclose the motor (as understood from Figs 1-3 and Attached Figures B & C – the fan shroud end cap, the extended shell side wall and the heat sink enclosure – enclose the motor as claimed; due to the claims being open ended, there is noting that prohibits the additional structure of the heat sink enclosure from cooperating with the extended shell side wall and the fan shroud end cap to enclose the motor).
Regarding Claim 16: EP 2482428 as modified by Fujiki US 2018/0023593 does disclose the limitations: wherein the fan shroud cooling system further comprises an end enclosure (the end enclosure is defined by the sum of its parts as recited in claim 16, see rejection below) configured to enclose the extended shell sidewall around (i.e. near) a front end of the motor (EP ‘428 – front end of the motor = end of the motor close to element 11 in Figs 2-3 | Fujiki – front end of the motor = end of the motor close to element 12 in Fig 1) where the motor connects to the housing surrounding the pump unit (Fujiki – as seen in Fig 1; it is noted that the stator of the motor M would inherently be fixed to element 11a which as seen in Fig 1 is bolted to element 12 of the housing surrounding the pump unit 17),
wherein the end enclosure is formed by the extended shell sidewall and a seal plate of the pump unit (in the combination of prior art the extended shell sidewall in Attached Figure B of EP ‘428 would be attached to seal plate (EP ‘428 – plate 11, Figs 2-3 | Fujiki – 12, Fig 1) of the pump unit as claimed, such that the extended shell sidewall, the seal plate (EP ‘428 – plate 11, Figs 2-3 | Fujiki – 12, Fig 1), and the extended shell side wall and the heat sink enclosure – cooperate together to form the end enclosure as claimed; due to the claims being open ended, there is noting that prohibits the additional structure of the heat sink enclosure from cooperating with the extended shell side wall and the seal plate to form the end enclosure as claimed).
Regarding Claim 20: EP 2482428 as modified by Fujiki US 2018/0023593 does disclose the limitations: wherein the fan shroud cooling system is configured to direct cool air drawn in through a fan shroud end cap (EP ‘428 – Attached Figure F) across a substantial length of the motor (EP ‘428 – across a radial length of motor 54,55, Fig 2) and then across the drive heat sink before exiting the fan shroud cooling system through the first vent and the second vent (it is noted that since the language of claim 20 does not add any structural features beyond what is taught by the prior art; and because the claim does not recite any particular structure beside what is claimed and made obvious by the prior art of EP 2482428 as modified by Fujiki US 2018/0023593 that would enable the function of allowing cool air to flow from the drive heat sink and then exiting from the fan shroud cooling system through the first vent and the second vent. Thus, because the structure of EP 2482428 as modified by Fujiki US 2018/0023593 makes obvious the claimed structure, it is reasonable to conclude that it will also meet the functional limitation.
Regarding Claim 21: EP 2482428 does disclose the limitations: wherein a first portion of the fan shroud end cap 57 extends between and separates the motor fan 58 from a first portion of the drive heat sink (first portion of the drive heat sink = part indicated by element 53 in Fig 3, as understood from Figs 1-3 – element 57 separates the motor fan 58 from the identified first portion of the heat sink as claimed).
Regarding Claim 22: EP 2482428 as modified by Fujiki US 2018/0023593 does disclose the limitations: wherein the fan shroud is configured to direct the cool air drawn in through the fan shroud end cap (EP ‘428 – 57,20, Attached Figure F) across the motor (EP ‘428 – across a radial length of motor 54,55, Fig 2) and then redirect the cool air to the drive heat sink (EP ‘428 – as understood from Figs 2-3), wherein the cool air is directed along fins of the drive heat sink (EP ‘428 – along fins 52L) before exiting through the vent sections (it is noted that since the language of claim 22 does not add any structural features beyond what is taught by the prior art; and because the claim does not recite any particular structure beside what is claimed and made obvious by the prior art of EP 2482428 as modified by Fujiki US 2018/0023593 that would enable the function of allowing the cool air to flow from the drive heat sink and then exiting through the vent sections. Thus, because the structure of EP 2482428 as modified by Fujiki US 2018/0023593 makes obvious the claimed structure, it is reasonable to conclude that it will also meet the functional limitation.
Regarding Claim 23: EP 2482428 does disclose the limitations: wherein the first lateral wall and the second lateral wall of the heat sink enclosure (Attached Figure B & Attached Figure C) extend outward and upward from the extended shell sidewall (i.e. extend outward and upward from the extended shell sidewall via the portion of the heat sink enclosure defined by element 10 in Attached Figure B).
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Annotated Figure 4 of EP 2482428 (Attached Figure D)
Regarding Claim 24: EP 2482428 does disclose the limitations: further comprising heat sink fins (i.e. heat sink fins 52S) extending from the drive heat sink (i.e. extending from element 51 of the drive heat sink as shown in Fig 2), wherein the heat sink fins are arranged perpendicular to a longitudinal axis of the motor (as understood from Fig 2 & Annotated Figure 4 of EP 2482428 (Attached Figure D) above, the heat sink fins 52S each extend in the radial direction away from the identified longitudinal axis of the motor in Attached Figure D; accordingly each of the heat sink fins extends in a direction (i.e. is arranged in a direction) that is perpendicular to the longitudinal axis of the motor as claimed).
Regarding Claim 25: EP 2482428 as modified by Baran USPN 6324057 does disclose the limitations: wherein the fan shroud end cap (57,20) extends toward the seal plate (as seen in Figs 1-3 of EP ‘428 a portion of element 20 extends towards the seal plate (EP ‘428 – plate 11, see Figs 2-3 | Fujiki – 12, see Fig 1) in the combination) and past the motor fan (since EP ‘428 –states in ¶0014 that element 20 is attached to element 10 and has fan 21 located therein (i.e. located inside element 20) – element 20 of the fan shroud end cap would inherently extend past the motor fan 21 as claimed).
Examiner's Note: The Examiner respectfully requests of the Applicants in preparing responses, to fully consider the entirety of the references as potentially teaching all or part of the claimed invention.
It is noted, REFERENCES ARE RELEVANT AS PRIOR ART FOR ALL THEY CONTAIN. “The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments (see MPEP § 2123).
Additionally the origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention, as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). (See MPEP § 2125).
The Examiner has cited particular locations in the reference(s) as applied to the claims above for the convenience of the Applicants. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claims, typically other passages and figures will apply as well.
Furthermore: with respect to the prior art and the determination of obviousness, it has been held that Prior art is not limited just to the references being applied, but includes the understanding of one of ordinary skill in the art. The "mere existence of differences (i.e. a gap) between the prior art and an invention DOES NOT ESTABLISH the inventions nonobviousness." Dann v. Johnston, 425 U.S. 219, 230, 189 USPQ 257, 261 (1976). Rather, in determining obviousness the proper analysis is whether the claimed invention would have been obvious to one of ordinary skill in the art after consideration of all the facts. And factors other than the disclosures of the cited prior art may provide a basis for concluding that it would have been obvious to one of ordinary skill in the art to bridge the gap. (See MPEP § 2141).
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive.
Page 7 ¶3-Page 9 ¶3: Applicant argues that the prior art does not teach the first side wall and the second side wall each extend upwardly and outwardly from the extended shell side wall, because the flat sides of cover 30 of Sato are parallel to one another.
--Examiner disagrees. In the prior art of Sato, the articulated first wall and second wall (see Attached Figure A) each extend upwardly and outwardly from an outer surface of the extended shell sidewall as understood from the Figures of Sato. Additionally, the examiner notes that as the claim is currently written, the first and second wall just have to extend upward and outward from the extend shell sidewall, which as seen in the figures of EP 2482428 (i.e. Sato) and Attached Figure A is present in the prior art.
Accordingly for the reasons described above, Applicants arguments are not persuasive.--.
Page 9 ¶4-¶6: Applicant argues that the prior art does not teach first and second lateral walls [that] flare upwardly and away from one another as the first and second lateral walls extend from the motor toward the drive as recited in claim 13.
--Arguments not persuasive. The examiner notes that the claim language being argued is directed to the shape of the first and second lateral walls of the device being claimed. The courts have held that the configuration of a claimed container is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. Additionally, since the examiner finds no evidence that the particular configuration of the first and second lateral walls is significant, the language being argued is unable to make the claim non-obvious.
Accordingly, for the reasons described above, Applicants arguments are not persuasive.--.
Page 10 ¶1-¶3: Applicant traverses the rejection(s) of claim(s) 2, 4-6, 8-11, 14-16, and 20-25 based entirely on the arguments discussed above with respect to claim(s) 1 & 13.
--Applicants arguments are not persuasive. Applicant makes no new arguments with respect to claim(s) 2, 4-6, 8-11, 14-16, and 20-25. Thus applicants arguments are not persuasive for the same reasons already discussed above.--.
Conclusion
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/CHARLES G FREAY/Primary Examiner, Art Unit 3746
/JOSEPH S. HERRMANN/ Examiner, Art Unit 3746