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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/19/2026 has been entered.
Response to Arguments
Applicant’s arguments, see (Page 9 ¶2-¶4), filed 02/19/2026, with respect to the 112(b) rejections have been fully considered and are persuasive. The 112(b) rejections of 11/06/2025 have been withdrawn.
Applicant’s arguments, see (Page 9 ¶5-Page 11 end), filed 02/19/2026, with respect to the rejection(s) of claim(s) 1-2, 5-7, 10-12, 14-17, and 20-24 under Franz in view of Nickel-Jetter have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the art of Elsing USPN 5859745. Accordingly the claims are rejected under Franz in view of Elsing USPN 5859745.
Election/Restrictions
Applicant’s previous election of Species 1 - Figure 1 is noted.
Claim Interpretation
It is noted that the independent claims are broadly interpreted, and as a result the elected embodiment of Figure 1 corresponds to what is recited in the independent claims based on the annotated Figure below. Accordingly claim 1, 11, and 16 are interpreted as illustrated in the annotated figure below:
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Annotated Figure 1 of the instant Application
Additionally during the interview held on 12/05/2024 (see EXIN 12/12/2024) it was agreed that the radial direction should be understood to extend radially outward between the top surface of element 5 and the bottom surface of element 5, such that when moving radially outward from axis x in Fig 1 one would reach the end part of the root (identified in the annotated Figure above) before reaching the stationary blade 8 – because the radial direction is understood to extend radially outward between the top surface of shaft 5 and the bottom surface of shaft 5. Furthermore, the prior art is interpreted within the same confines as the instant application.
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, 5-7, 10-12, 14-17, 20-21, & 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Franz US 2006/0267422 in view of Elsing USPN 5859745.
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Annotated Figure 1 of Franz US 2006/0267422 (Attached Figure A)
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Annotated Figure of Franz US 2006/0267422 (Attached Figure B)
Regarding Claim 1: Franz US 2006/0267422 discloses the limitations: A rotating device (the rotating device is defined by the sum of its parts and includes fan 100, Fig 1, ¶0018) comprising:
an axial member (46, ¶0020);
a tubular rotating body (44,43,45, ¶0018-¶0020);
a tubular housing (12, Fig 1 – element 12 is tubular and therefore meets the limitation of a tubular housing) surrounding the rotating body (as seen in Fig 1);
a ventilation passage (see Annotated Figure 1 of Franz US 2006/0267422 (Attached Figure A) above) formed between an outer circumferential surface of the rotating body (= surface indicated by elements 43,45 in Fig 1) and the tubular housing (as seen in Attached Figure A the ventilation passage is between the articulated outer circumferential surface of the rotating body and housing 12);
a first bearing (first bearing = element 34 near element 44 in Fig 1) and a second bearing (second bearing = element 34 near element 22 in Fig 1);
a stator (stator = 32, ¶0018) inside the rotating body (Fig 1);
one or a plurality of rotor blades (42, ¶0018) provided to the rotating body (Fig 1, ¶0018-¶0019, i.e. attached to element 43 of the rotating body as seen in Fig 1); and
a stationary blade (26,20 ¶0018-¶0019) provided at an inner surface of the tubular housing (as seen in Fig 1 elements 26,20 extend from an inner surface of tubular housing 12, thus the stationary blade is provided (i.e. attached) as claimed), the inner surface of the housing opposing the outer surface of the rotating body (as seen in Fig 1 the inner surface of housing 12 faces (i.e. opposes) the outer surface of the rotating body (i.e. the surface of element 43 of the rotating body that blades 42 extend from)), wherein
the rotating body includes a magnet (see Fig 1, magnet = 36, ¶0018),
an axial direction of the axial member (an axial direction of the axial member = the longitudinal axis of axial member 46),
the tubular housing includes an opening in a first bearing side (Attached Figure A) and an opening in a second bearing side (Attached Figure A, ¶0020),
air is taken in from the opening in the first bearing side and is blown out from the opening in the second bearing side (¶0020),
the one or the plurality of rotor blades and the stationary blade are aligned and arranged at a predetermined interval (i.e. have a predetermined amount of space axially therebetween; as seen in Fig 1 the structure of blade 42 and element 26 have an amount of space therebetween in the assembled state of the fan, this amount of space corresponds to the claimed predetermined interval) in the axial direction of the axial member (i.e. in the direction of the longitudinal axis of axial member 46),
the stationary blade includes a first end part (Attached Figure A) facing the first bearing side (i.e. facing to the right towards the first bearing side; the first end part identified in Attached Figure A of Franz faces towards the first bearing side – just like the first end part in the Annotated Figure 1 of the instant application above, thus the first end part faces the first bearing side within the same confines as the instant application) and a second end part (Attached Figure A) facing the second bearing side (i.e. facing to the left towards the second bearing side; the second end part identified in Attached Figure A of Franz faces towards the second bearing side – just like the second end part in the Annotated Figure 1 of the instant application above, thus the second end part faces the second bearing side within the same confines as the instant application), and
an inner circumferential surface of the second end part of the stationary blade (Attached Figure A) opposes via a space (Attached Figure A), and is located away from the outer surface of the rotating body in the radial direction (as seen in Attached Figure A the articulated inner circumferential surface of the second end part is located away from the outer surface of the rotating body (43,45) in the radial direction via the space as claimed), and the one or the plurality of rotor blades opposes the space in the axial direction of the axial member (Attached Figure A),
the one or the plurality of rotor blades includes a root (Attached Figure A) in the radial direction (as is known in the art the root is at the radial inner end of the blade, thus the root is inherently in the radial direction as claimed),
an end part of the root (Attached Figure A) is arranged inside the stationary blade in the radial direction (since the radial direction is understood to extend radially outward between a left most axial end of housing 12 and a right most axial end of housing 12, thus with this broad interpretation the identified end part of the root in Attached Figure A above is located inside the identified inner circumferential part of the second end part, and is therefore located inside the stationary blade in the radial direction as claimed).
Franz US 2006/0267422 is silent regarding the limitations:
a tubular rotatable body rotatable in relation to the axial member;
a first bearing and a second bearing supporting the rotating body with respect to the axial member;
the magnet and the stator are arranged between the first bearing and the second bearing in an axial direction of the axial member,
a spacer connecting the magnet and the second bearing,
a distance between the magnet and the first bearing is shorter than a distance between the magnet and the second bearing,
the first bearing includes an inner peripheral ring and an outer peripheral ring and a bearing ball,
the second bearing includes an inner peripheral ring and an outer peripheral ring and a bearing ball,
the first bearing and the second bearing are opposed to the magnet in the axial direction of the axial member,
an inner peripheral part of the magnet is arranged inside an outer peripheral surface of the outer peripheral ring of the second bearing in a radial direction. The prior art of Elsing USPN 5859745 which is directed to an outer rotor motor (Fig 3) for an electronic device like Franz US 2006/0267422, is noted.
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Annotated Figure 3 of Elsing USPN 5859745 (Attached Figure Z)
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Annotated Figure 4 of Elsing USPN 5859745 (Attached Figure Y)
However, Elsing USPN 5859745 does disclose the limitations:
a tubular rotatable body (62, Column 5 Line 24-34, Fig 3) rotatable in relation to the axial member (the axial member = spindle shaft 48, Column 5 Line 19-23);
a stator (stator = 68,70, Column 5 Line 34-45) inside the rotating body (as seen in Fig 3);
a first bearing and a second bearing supporting the rotating body with respect to the axial member (first bearing = see Annotated Figure 3 of Elsing USPN 5859745 (Attached Figure Z) above; second bearing = see Attached Figure Z; as seen in Fig 3 the bearings support rotating body 62 with respect to axial member 48, Column 5 Line 24-45);
the magnet (the magnet = magnet 66 of the external rotor motor in Figure 3, Column 5 Line 29-45) and the stator are arranged between the first bearing and the second bearing in an axial direction of the axial member (an axial direction of the axial member = vertical direction in Fig 1 along axis 28 of the axial member 48, Column 5 Line 16-23; as understood from Fig 1 & Attached Figure Z the magnet & stator are arranged between the bearings along axis 28),
a spacer (see Attached Figure Z) connecting the magnet and the second bearing (as seen in Attached Figure Z the spacer connects the second bearing to the magnet 66 as claimed),
a distance between the magnet and the first bearing is shorter than a distance between the magnet and the second bearing (as seen in Attached Figure Z the bottom surface of the first bearing is closer to the top of the magnet 66 than the bottom surface of the second bearing is to the bottom of the magnet 66),
the first bearing includes an inner peripheral ring (Attached Figure Z) and an outer peripheral ring (Attached Figure Z) and a bearing ball 50,
the second bearing includes an inner peripheral ring (Attached Figure Z) and an outer peripheral ring (Attached Figure Z) and a bearing ball 52,
the first bearing and the second bearing are opposed to the magnet in the axial direction of the axial member (as seen in Attached Figure Z),
an inner peripheral part of the magnet (Attached Figure Z) is arranged inside outer peripheral surfaces of the outer peripheral rings of the first bearing and the second bearing in a radial direction (radial direction = radial direction extending radially outward from element 48 in Fig 3; also as seen in Attached Figure Z since the outer peripheral surface of outer peripheral ring of the second bearing is at a location that is radially further from element 48 than the inner peripheral surface of magnet 50; and as seen in Annotated Figure 4 of Elsing USPN 5859745 (Attached Figure Y) above the outer peripheral surface of the first bearing is at a location that is radially further from element 48 than the inner peripheral surface of magnet 66 – Thus it is understood that the prior art of Elsing addresses the language of the claim, within the same confines as Fig 1 of the instant application).
Hence it would have been obvious to one of ordinary skill in the art to make the simple substitution of:
The motor system (e.g. the arrangement of the axial member 46, the magnet 36, the stator 32, the first bearing and the second bearing – Fig 1) of Franz US 2006/0267422;
with the prior art elements of:
the motor system (e.g. the arrangement of the axial member 48, the magnet 66, the stator (68,70), the first bearing, the second bearing, and the spacer – Attached Figure Z, which are relatively arranged as claimed) in the art of Elsing USPN 5859745.
in order to obtain the predictable results of:
providing an outer rotor motor which is compact and does not have unduly strict tolerances for its mounting components, has a minimal axial height, has a low cost, and/or is able to withstand high shock and vibration (Column 2 Line 3-19) as taught by Elsing USPN 5859745.
Since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed with no change in their respective functions, and the combination would have yielded no more than the predictable results of providing a outer rotor motor which is compact and does not have unduly strict tolerances for its mounting components, has a minimal axial height, has a low cost, and/or is able to withstand high shock and vibration as taught by Elsing USPN 5859745.
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Annotated Figure 1 of Franz US 2006/0267422 (Attached Figure A”)
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Annotated Figure of Elsing USPN 5859745 (Attached Figure X)
Regarding Claim 2: Franz US 2006/0267422 as modified by Elsing USPN 5859745 does disclose the limitations: comprising a connecting member (Elsing – 120, see Annotated Figure of Elsing USPN 5859745 (Attached Figure X) above) extending in the radial direction (Elsing – element 120 extends in the radial direction as seen in Attached Figure X) and a joining plate (Elsing – 120, Attached Figure X, Column 8 Line 7-40), wherein one end part of the axial member is fixed to the housing (Elsing – one end part of the axial member = lower end region 56 of spindle shaft 48 which is fixed both stator 68 (via shaft 48) and element 46 (as seen in Attached Figure X) – which corresponds to base 24 of Franz; thus it follows that in the combination of prior art articulated above both the stator 68 of Elsing & the lower end region 56 of the spindle shaft 48 (i.e. the one end part of the axial member) of Elsing would inherently be connected to the housing (Franz–12) via base 24 and the stationary blade 26,20 of Franz), the connecting member is joined to a bottom surface part of the tubular housing (see Annotated Figure 1 of Franz US 2006/0267422 (Attached Figure A”) above; a bottom surface part of the tubular housing = the identified bottom surface of the housing in Attached Figure A”) via the joining plate (in the combination of prior art since the base 24 of Franz (which corresponds to element 46 of Elsing) is connected to the identified bottom surface of the housing via the stationary blade (20,26) of Franz, it follows that in the combination the joining plate 122 of Elsing would connect/abut the base 24 of Franz and connect to the bottom surface of the housing via the stationary blade), the bottom surface part connecting the stationary blade (Franz – as seen in Attached Figure A”).
Regarding Claim 5: Elsing USPN 5859745 does disclose the limitations: wherein the first bearing is disposed at one end part side (one end part side = top half of shaft 48 in Fig 3) of two end parts of the axial member (two end parts = top half end & bottom half end of shaft 48 in Fig 3, the one end part side is located at the top half end of the axial member 48), and the second bearing is disposed at the other end part side of the axial member (as seen in Fig 3 the second bearing is disposed at the other / the bottom half end side of the axial member 48).
Regarding Claim 6: Franz US 2006/0267422 as modified by Elsing USPN 5859745 does disclose the limitations: wherein in the axial direction, a position of the one or the plurality of rotor blades and a position of the first bearing partially overlap with each other, and a position of the stationary blade and a position of the second bearing partially overlap with each other (Franz – as seen in Attached Figure A, a bottom axial end of element 42 is located axially below the first bearing, thus when Franz is modified with Elsing as explained above, the structure of the bottom axial end of element 42 of Franz would extend below the structure of the first bearing of Elsing; thus the position of the plurality of rotor blades of Franz would inherently overlap with the position of the first bearing of Elsing since the bottom axial end of element 42 of Franz would extend below the structure of the first bearing of Elsing), and a position of the stationary blade and a position of the second bearing partially overlap with each other (Franz – as seen in Attached Figure A the first end part of the stationary blade is located axially above both the second bearing, a bottom portion of the stator, & a bottom portion of tubular rotating body, thus when Franz is modified with Elsing as explained above, the structure of the stationary blade of Franz would extend above the structure of the second bearing of Elsing; thus the position of the second bearing part of Elsing would inherently overlap with the position of the stationary blade of Franz since the first end part of the stationary blade would be located axial above the second bearing in the combination of prior art).
Regarding Claim 7: Franz US 2006/0267422 as modified by Elsing USPN 5859745 does disclose the limitations: wherein, in the axial direction, the one or the plurality of rotor blades are disposed between the first bearing and the second bearing (since the blades 42 of Franz are rotated by the cylindrical side wall 43 of rotating body (44,43,45) and are shown as being partially below the first bearing (Attached Figure A) of Franz, when Franz is modified with Elsing as explained above, the blades 42 of Franz would be rotated by the cylindrical side wall of rotating body 62 of Elsing, thus part of blades 42 of Franz would be axially located (i.e. disposed) between the first bearing and the second bearing of Elsing in the combination of prior art).
Regarding Claim 10: Franz US 2006/0267422 does disclose the limitations: a tubular part (Attached Figure A), wherein the plurality of rotor blades 42 are provided at an outer peripheral part of the tubular part (Attached Figure A, ¶0019) at predetermined intervals in a circumferential direction of the tubular part (as known in the art the blades 42 of the fan are provided on the outer peripheral part of the tubular part with a particular circumferential spacing between adjacent blades; the particular circumferential spacing between adjacent blades in the circumferential direction = the claimed predetermined intervals in a circumferential direction), and an outer peripheral surface of the tubular part extends in the axial direction (as understood from Attached Figure A an outer peripheral surface of the tubular part extends in the axial direction).
Regarding Claim 11: Franz US 2006/0267422 discloses the limitations: A rotating device (the rotating device is defined by the sum of its parts and includes fan 100, Fig 1, ¶0018) comprising:
a motor part (the motor part is defined by the sum of its parts) including a first bearing (first bearing = element 34 near element 44 in Fig 1) and a second bearing (second bearing = element 34 near element 22 in Fig 1) arranged in an axial direction (axial direction = the longitudinal axis of axial member 46), a rotating body (rotating body = 44,43,45, ¶0018-¶0020) including a magnet (including magnet 36, ¶0020), and a stator (32, ¶0018);
a housing (12, Fig 1) surrounding an outer circumferential surface of the motor part (see Annotated Figure 1 of Franz US 2006/0267422 (Attached Figure A) above; outer circumferential surface of the motor part = outer circumferential surface of the first bearing in Attached Figure A; as seen in Attached Figure A element 12 surrounds the outer circumferential surface of the first bearing of the motor part);
a ventilation passage (Attached Figure A) formed between the outer circumferential surface of the motor part and the housing (as seen in Attached Figure A the ventilation passage is formed radially between the outer circumferential surface of the first bearing and the housing 12 as claimed);
a rotor blade (42, ¶0018-¶0019) provided at the motor part (i.e. provided adjacent to the first bearing of the motor part as seen in Attached Figure A);
a stationary blade (26,20 ¶0018-¶0019) provided at the housing (i.e. connected to housing 12, ¶0019), wherein
the housing includes an opening in a first bearing side (Attached Figure A) and an opening in a second bearing side (Attached Figure A),
air is taken in from the opening in the first bearing side and is blown out from the opening in the second bearing side (¶0020),
the rotor blade in the first bearing side (Attached Figure A) and the stationary blade in the second bearing side with respect to the rotor blade (as seen from Attached Figure A and the Annotated Figure 1 of the instant application above, in the prior art the stationary blade 26,20 is located in the second bearing side with respect to the rotor blade 42 within the same confines as the corresponding structure is shown in Fig 1 of the instant application) are aligned and arranged in the axial direction (as seen in Attached Figure A the stationary blade 26,20 and the rotor blade 42 are aligned and arranged along the longitudinal axis of axial member 46 (i.e. the axial direction)),
the stationary blade includes a first end part (Attached Figure A) in the first bearing side (Attached Figure A) and a second end part (Attached Figure A) in the second bearing side (Attached Figure A) in the axial direction (as seen in Attached Figure A the first end part and the second end part are each oriented along the longitudinal axis of axial member 46 (i.e. axial direction)),
an inner circumferential surface of the second end part (Attached Figure A) in the second bearing side (Attached Figure A) opposes via a space (Attached Figure A), and is away from the outer circumferential surface of the motor part in the radial direction (the radial direction is understood to extend radially outward between a left most axial end of housing 12 and a right most axial end of housing 12 in Fig 1, thus with this broad interpretation when moving outward from the longitudinal axis of axial member 46 in the radial direction the identified inner circumferential part of the second end part in Attached Figure A is located away from the outer circumferential surface of the motor part (Attached Figure B) in the radial direction as claimed), and the rotor blade opposes the space in the axial direction of the axial member (Attached Figure A),
the rotor blade includes a root (Attached Figure A) in the radial direction (as is known in the art the root is at the radial inner end of the blade, thus the root is inherently in the radial direction as claimed), and
an end part of the root (Attached Figure A) is arranged inside the stationary blade in the radial direction (since the radial direction is understood to extend radially outward between a left most axial end of housing 12 and a right most axial end of housing 12, thus with this broad interpretation the identified end part of the root in Attached Figure A above is located inside the identified inner circumferential part of the second end part, and is therefore located inside the stationary blade in the radial direction as claimed). Franz US 2006/0267422 is silent regarding the limitations:
a spacer connecting the magnet and the second bearing,
a distance between the magnet and the first bearing is shorter than a distance between the magnet and the second bearing,
the first bearing includes an inner peripheral ring and an outer peripheral ring and a bearing ball,
the second bearing includes an inner peripheral ring and an outer peripheral ring and a bearing ball,
the first bearing and the second bearing are opposed to the magnet in the axial direction of the axial member,
an inner peripheral part of the magnet is arranged inside outer peripheral surfaces of the outer peripheral rings of the first bearing and the second bearing in a radial direction. The prior art of Elsing USPN 5859745 which is directed to an outer rotor motor (Fig 3) for an electronic device like Franz US 2006/0267422, is noted.
However, Elsing USPN 5859745 does disclose the limitations:
a spacer (see Attached Figure Z) connecting the magnet and the second bearing (as seen in Attached Figure Z the spacer connects the second bearing to the magnet 66 as claimed),
a distance between the magnet and the first bearing is shorter than a distance between the magnet and the second bearing (as seen in Attached Figure Z the bottom surface of the first bearing is closer to the top of the magnet 66 than the bottom surface of the second bearing is to the bottom of the magnet 66),
the first bearing includes an inner peripheral ring (Attached Figure Z) and an outer peripheral ring (Attached Figure Z) and a bearing ball 50,
the second bearing includes an inner peripheral ring (Attached Figure Z) and an outer peripheral ring (Attached Figure Z) and a bearing ball 52,
the first bearing and the second bearing are opposed to the magnet in the axial direction of the axial member (as seen in Attached Figure Z),
an inner peripheral part of the magnet (Attached Figure Z) is arranged inside outer peripheral surfaces of the outer peripheral rings of the first bearing and the second bearing in a radial direction (radial direction = radial direction extending radially outward from element 48 in Fig 3; also as seen in Attached Figure Z since the outer peripheral surface of outer peripheral ring of the second bearing is at a location that is radially further from element 48 than the inner peripheral surface of magnet 50; and as seen in Annotated Figure 4 of Elsing USPN 5859745 (Attached Figure Y) above the outer peripheral surface of the first bearing is at a location that is radially further from element 48 than the inner peripheral surface of magnet 66 – Thus it is understood that the prior art of Elsing addresses the language of the claim, within the same confines as Fig 1 of the instant application).
Hence it would have been obvious to one of ordinary skill in the art to make the simple substitution of:
The motor system (e.g. the arrangement of the axial member 46, the magnet 36, the stator 32, the first bearing and the second bearing – Fig 1) of Franz US 2006/0267422;
with the prior art elements of:
the motor system (e.g. the arrangement of the axial member 48, the magnet 66, the stator (68,70), the first bearing, the second bearing, and the spacer – Attached Figure Z, which are relatively arranged as claimed) in the art of Elsing USPN 5859745.
in order to obtain the predictable results of:
providing a outer rotor motor which is compact and does not have unduly strict tolerances for its mounting components, has a minimal axial height, has a low cost, and/or is able to withstand high shock and vibration (Column 2 Line 3-19) as taught by Elsing USPN 5859745.
Since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed with no change in their respective functions, and the combination would have yielded no more than the predictable results of providing an outer rotor motor which is compact and does not have unduly strict tolerances for its mounting components, has a minimal axial height, has a low cost, and/or is able to withstand high shock and vibration as taught by Elsing USPN 5859745.
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Annotated Figure 1 of Franz US 2006/0267422 (Attached Figure A”)
Regarding Claim 12: Franz US 2006/0267422 as modified by Elsing USPN 5859745 does disclose the limitations: comprising a connecting member (Elsing – 120, see Annotated Figure of Elsing USPN 5859745 (Attached Figure X) above) extending in the radial direction (Elsing – element 120 extends in the radial direction as seen in Attached Figure X) and a joining plate (Elsing – 120, Attached Figure X, Column 8 Line 7-40), wherein
the connecting member is joined to a bottom surface part of the housing (see Annotated Figure 1 of Franz US 2006/0267422 (Attached Figure A”) above; a bottom surface part of the housing = the identified bottom surface of the housing in Attached Figure A”) via the joining plate (in the combination of prior art since the base 24 of Franz (which corresponds to element 46 of Elsing) is connected to the identified bottom surface of the housing via the stationary blade (20,26) of Franz, it follows that in the combination the joining plate 122 of Elsing would connect/abut the base 24 of Franz and connect to the bottom surface of the housing via the stationary blade), the bottom surface part connecting the stationary blade (Franz – as seen in Attached Figure A”).
Regarding Claim 14: Elsing USPN 5859745 does disclose the limitations: wherein an inner peripheral part of the stator (i.e. part of the stator 68 extending from shaft 48 in Fig 3) is arranged inside the outer peripheral ring of the second bearing (i.e. arranged inside the identified outer ring of the second bearing when moving outward from the longitudinal axis of element 48 in Attached Figure Z in the radial direction; the articulated inner peripheral part of the stator is arranged inside the identified outer peripheral ring of the second bearing in the radial direction as claimed).
Regarding Claim 15: Franz US 2006/0267422 does disclose the limitations: comprising a tubular part (Attached Figure A), wherein the rotor blade 42 is provided at an outer peripheral surface of the tubular part (Attached Figure A, ¶0019), and the outer peripheral surface of the tubular part extends in the axial direction (as understood from Attached Figure A the outer peripheral surface of the identified tubular part extends in the axial direction).
Regarding Claim 16: Franz US 2006/0267422 does disclose the limitations: A rotating device (the rotating device is defined by the sum of its parts and includes fan 100, Fig 1, ¶0018) comprising:
a motor part (the motor part is defined by the sum of its parts, and includes element 43) including a first bearing (first bearing = element 34 near element 44 in Fig 1) and a second bearing (second bearing = element 34 near element 22 in Fig 1) arranged in an axial direction (axial direction = the longitudinal axis of axial member 46) a rotating body (45, Fig 1) including a magnet (36, ¶0018-¶0020, Fig 1), and a stator (32, ¶0018);
a housing (12, Fig 1) surrounding the motor part (as seen in Fig 1);
a ventilation passage (see Annotated Figure 1 of Franz US 2006/0267422 (Attached Figure A) above) formed between the motor part and the housing (as seen in Attached Figure A the ventilation passage is between element 43 of the motor part and housing 12);
a rotor blade (42, ¶0018-¶0019) provided at (i.e. extending from OR i.e. provided adjacent to) the motor part (extending from element 43 – ¶0019, Fig 1 OR provided adjacent to the first bearing of the motor part as seen in Attached Figure A);
a stationary blade (26,20 ¶0018-¶0019) provided at the housing (i.e. connected to housing 12, ¶0019), wherein
the housing includes an opening in a first bearing side (Attached Figure A) and an opening in a second bearing side (Attached Figure A),
air is taken in from the opening in the first bearing side and is blown out from the opening in the second bearing side (¶0020),
the rotor blade in the first bearing side (Attached Figure A) and the stationary blade in the second bearing side with respect to the rotor blade (as seen from Attached Figure A and the Annotated Figure 1 of the instant application above, in the prior art the stationary blade 26,20 is located in the second bearing side with respect to the rotor blade 42 within the same confines as the corresponding structure is shown in Fig 1 of the instant application) are aligned and arranged in the axial direction (as seen in Attached Figure A the stationary blade 26,20 and the rotor blade 42 are aligned and arranged along the longitudinal axis of axial member 46 (i.e. the axial direction)),
the stationary blade includes a first end part (Attached Figure A) in the first bearing side (Attached Figure A) and a second end part (Attached Figure A) in the second bearing side (Attached Figure A) in the axial direction (as seen in Attached Figure A the first end part and the second end part are each oriented along the longitudinal axis of axial member 46 (i.e. axial direction)),
an inner circumferential part of the second end part (Attached Figure A) in the second bearing side (Attached Figure A) opposes via a space (Attached Figure A), and is away from the motor part in a radial direction (the radial direction is understood to extend radially outward between a left most axial end of housing 12 and a right most axial end of housing 12 in Fig 1, thus with this broad interpretation when moving outward from the longitudinal axis of axial member 46 in the radial direction the identified inner circumferential part of the second end part in Attached Figure A is located away from the outer circumferential surface of the motor part (Attached Figure B) in the radial direction as claimed),and the rotor blade opposes the space in the axial direction (Attached Figure A),
the rotor blade includes a root (Attached Figure A) in the radial direction (as is known in the art the root is at the radial inner end of the blade, thus the root is inherently in the radial direction as claimed), and
an end part of the root (Attached Figure A) is arranged inside the stationary blade in the radial direction (since the radial direction is understood to extend radially outward between a left most axial end of housing 12 and a right most axial end of housing 12, thus with this broad interpretation the identified end part of the root in Attached Figure A above is located inside the identified inner circumferential part of the second end part, and is therefore located inside the stationary blade in the radial direction as claimed). Franz US 2006/0267422 is silent regarding the limitations: the magnet and the stator are arranged between the first bearing and the second bearing in an axial direction of the axial member, a spacer connecting the magnet and the second bearing, a distance between the magnet and the first bearing is shorter than a distance between the magnet and the second bearing, the first bearing and the second bearing and the magnet are aligned in the axial direction, the first bearing includes an inner peripheral ring and an outer peripheral ring and a bearing ball, the second bearing includes an inner peripheral ring and an outer peripheral ring and a bearing ball, an inner peripheral part of the magnet is arranged inside outer peripheral surfaces of the outer peripheral rings of the first bearing and the second bearing in a radial direction. The prior art of Elsing USPN 5859745 which is directed to an outer rotor motor (Fig 3) for an electronic device like Franz US 2006/0267422, is noted.
However, Elsing USPN 5859745 does disclose the limitations:
the magnet (the magnet = magnet 66 of the external rotor motor in Figure 3, Column 5 Line 29-45) and the stator (the stator = 68,70, Column 5 Line 34-45) are arranged between the first bearing and the second bearing (first bearing = see Annotated Figure 3 of Elsing USPN 5859745 (Attached Figure Z) above; second bearing = see Attached Figure Z; as seen in Attached Figure Z the magnet and the stator are located between the bearings as clamed) in an axial direction of the axial member (the axial member = spindle shaft 48, Column 5 Line 19-23; an axial direction of the axial member = vertical direction in Fig 1 along axis 28 of the axial member 48, Column 5 Line 12-23; as understood from Fig 1 & Attached Figure Z the magnet & stator are arranged between the bearings along axis 28),
a spacer (see Attached Figure Z) connecting the magnet and the second bearing (as seen in Attached Figure Z the spacer connects the second bearing to the magnet 66 as claimed),
a distance between the magnet and the first bearing is shorter than a distance between the magnet and the second bearing (as seen in Attached Figure Z the bottom surface of the first bearing is closer to the top of the magnet 66 than the bottom surface of the second bearing is to the bottom of the magnet 66),
the first bearing and the second bearing are opposed to the magnet in the axial direction (as seen in Attached Figure Z),
the first bearing includes an inner peripheral ring (Attached Figure Z) and an outer peripheral ring (Attached Figure Z) and a bearing ball 50,
the second bearing includes an inner peripheral ring (Attached Figure Z) and an outer peripheral ring (Attached Figure Z) and a bearing ball 52,
an inner peripheral part of the magnet (Attached Figure Z) is arranged inside outer peripheral surfaces of the outer peripheral rings of the first bearing and the second bearing in a radial direction (radial direction = radial direction extending radially outward from element 48 in Fig 3; also as seen in Attached Figure Z since the outer peripheral surface of outer peripheral ring of the second bearing is at a location that is radially further from element 48 than the inner peripheral surface of magnet 50; and as seen in Annotated Figure 4 of Elsing USPN 5859745 (Attached Figure Y) above the outer peripheral surface of the first bearing is at a location that is radially further from element 48 than the inner peripheral surface of magnet 66 – Thus it is understood that the prior art of Elsing addresses the language of the claim, within the same confines as Fig 1 of the instant application).
Hence it would have been obvious to one of ordinary skill in the art to make the simple substitution of:
The motor system (e.g. the arrangement of the axial member 46, the magnet 36, the stator 32, the first bearing and the second bearing – Fig 1) of Franz US 2006/0267422;
with the prior art elements of:
the motor system (e.g. the arrangement of the axial member 48, the magnet 66, the stator (68,70), the first bearing, the second bearing, and the spacer – Attached Figure Z, which are relatively arranged as claimed) in the art of Elsing USPN 5859745.
in order to obtain the predictable results of:
providing an outer rotor motor which is compact and does not have unduly strict tolerances for its mounting components, has a minimal axial height, has a low cost, and/or is able to withstand high shock and vibration (Column 2 Line 3-19) as taught by Elsing USPN 5859745.
Since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed with no change in their respective functions, and the combination would have yielded no more than the predictable results of providing a outer rotor motor which is compact and does not have unduly strict tolerances for its mounting components, has a minimal axial height, has a low cost, and/or is able to withstand high shock and vibration as taught by Elsing USPN 5859745.
Regarding Claim 17: Franz US 2006/0267422 as modified by Elsing USPN 5859745 does disclose the limitations: comprising a connecting member (Elsing – 120, see Annotated Figure of Elsing USPN 5859745 (Attached Figure X) above) extending in the radial direction (Elsing – element 120 extends in the radial direction as seen in Attached Figure X) and a joining plate (Elsing – 120, Attached Figure X, Column 8 Line 7-40), wherein
the connecting member is joined to a bottom surface part of the housing (see Annotated Figure 1 of Franz US 2006/0267422 (Attached Figure A”) above; a bottom surface part of the housing = the identified bottom surface of the housing in Attached Figure A”) via the joining plate (in the combination of prior art since the base 24 of Franz (which corresponds to element 46 of Elsing) is connected to the identified bottom surface of the housing via the stationary blade (20,26) of Franz, it follows that in the combination the joining plate 122 of Elsing would connect/abut the base 24 of Franz and connect to the bottom surface of the housing via the stationary blade), the bottom surface part connecting the stationary blade (Franz – as seen in Attached Figure A”).
Regarding Claim 20: Elsing USPN 5859745 does disclose the limitations: wherein an inner peripheral part of the stator (i.e. part of the stator 68 extending from shaft 48 in Fig 3) is arranged inside the outer peripheral ring of the second bearing (i.e. arranged inside the identified outer ring of the second bearing when moving outward from the longitudinal axis of element 48 in Attached Figure Z in the radial direction; the articulated inner peripheral part of the stator is arranged inside the identified outer peripheral ring of the second bearing in the radial direction as claimed).
Regarding Claim 21: Franz US 2006/0267422 does disclose the limitations: comprising a tubular part (Attached Figure A), wherein the rotor blade 42 is provided at an outer peripheral surface of the tubular part (Attached Figure A, ¶0019), the outer peripheral surface of the tubular part extends in the axial direction (as understood from Attached Figure A the outer peripheral surface of the identified tubular part extends in the axial direction).
Regarding Claim 22: Franz US 2006/0267422 does disclose the limitations: wherein the stationary blade (26,20) includes a shape (the stationary blade inherently has a shape) partitioning a plurality of flow channels (since ¶0020 of Franz states “to cause blade assembly 40 to rotate on axle 46 such that blades 42 generate air flow through conduit 12 past support members 26 and through openings 15 in base 14.”– it follows that the stationary blade inherently partitions a plurality of flow channels in order to exit the air moved by the fan through multiple openings 15).
Regarding Claim 23: Franz US 2006/0267422 does disclose the limitations: wherein the stationary blade (26,20) includes a shape (the stationary blade inherently has a shape) partitioning a plurality of flow channels (since ¶0020 of Franz states “to cause blade assembly 40 to rotate on axle 46 such that blades 42 generate air flow through conduit 12 past support members 26 and through openings 15 in base 14.”– it follows that the stationary blade inherently partitions a plurality of flow channels in order to exit the air moved by the fan through multiple openings 15).
Regarding Claim 24: Franz US 2006/0267422 does disclose the limitations: wherein the stationary blade (26,20) includes a shape (the stationary blade inherently has a shape) partitioning a plurality of flow channels (since ¶0020 of Franz states “to cause blade assembly 40 to rotate on axle 46 such that blades 42 generate air flow through conduit 12 past support members 26 and through openings 15 in base 14.”– it follows that the stationary blade inherently partitions a plurality of flow channels in order to exit the air moved by the fan through multiple openings 15).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franz US 2006/0267422 in view of Elsing USPN 5859745 as applied to claim 5 above, and further in view of evidence by Yoshida US 2005/0201861.
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Annotated Figure 4 of Elsing USPN 5859745 (Attached Figure W)
Regarding Claim 8: Franz US 2006/0267422 as modified by Elsing USPN 5859745 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 5.
Additionally, Elsing USPN 5859745 discloses the limitations: wherein a preload in a direction toward the first bearing is applied to an inner peripheral ring of the first bearing (a direction toward the first bearing = downward direction in Fig 4; preload = force caused by the weight of mounting flange 76 being transferred to the inner peripheral ring of the first bearing through the contact of central collar 110 with the inner race as shown in Fig 4; inner peripheral ring of the first bearing = see Attached Figure Z; additionally the evidence of Yoshida US 2005/0201861 discloses that a preload on a bearing is a force applied to the bearing to move one part of the bearing (e.g. an inner race of the bearing) relative to the position of another part of the bearing (e.g. the ball and outer race of the bearing) in ¶0037-¶0039 and Fig 2; therefore since as seen in Annotated Figure 4 of Elsing USPN 5859745 (Attached Figure W) above the inner peripheral ring of the first bearing is located axially lower than the identified part of the outer peripheral ring of the first bearing, in light of the evidence of Yoshida it is understood that a preload is applied to the inner peripheral ring of the first bearing as claimed).
Examiner's Note: The Examiner respectfully requests of the Applicant 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 Applicant. 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Johnson USPN 5101306 – discloses an outer rotor motor with bearings.
Pfeiffer USPN 6707639 – discloses an outer rotor motor with bearings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S HERRMANN whose telephone number is (571)270-3291. The examiner can normally be reached 8:00 AM - 5:00 PM EST.
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/CHARLES G FREAY/Primary Examiner, Art Unit 3746
/JOSEPH S. HERRMANN/ Examiner, Art Unit 3746