NON-FINAL 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 2026 has been entered.
Response to Arguments
Applicant’s arguments filed on 12 February 2026 with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings were received on 21 October 2022. These drawings are acceptable.
Claim Objections
Claim 32 is objected to because of the following informalities: “first chamber” in line 24 is missing an article. Appropriate correction is required.
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 23, 24, 33, 34, and 41 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.
Claim 23 recites the limitation "the first and second chambers" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "the first and second chambers" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 33, the claim recites “inlets and outlets of the first chamber”, but claim 32 recites that the first chamber comprises “an inlet” and “an outlet”. It is unclear whether the claim requires additional inlets and outlets beyond the inlet and outlet of claim 32.
Regarding claim 34, it is unclear whether the cooling channel or the further cooling channel feeds the second chamber inlet.
Regarding claim 41, it is unclear if “the lower winding head” in line 4 refers to the lower winding head recited in line 2 of said claim or to the lower winding head previously recited in claim 39. Furthermore, it is unclear if the cooling channel or the further cooling channel feeds the second chamber inlet.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 19, 20, 22- 25, 28, 29, 31-33, and 35-38 are rejected under 35 U.S.C. 103 as being unpatentable over Mackel (U.S. Patent No. 9,981,275) in view of Hippen et al. (U.S. Patent No. 7,946,118, hereinafter Hippen).
Regarding claim 19, Mackel discloses a separator (1, Fig. 1) comprising: a unit that rotates during operation of the separator, wherein the unit that rotates includes a drum having a vertical axis of rotation (centrifugal drum 2, axis D, Fig. 1) and a drive spindle (5, Fig. 1) axially penetrated by a bore (hole 30, Fig. 1) extending uninterrupted from an inlet at a bottom of the drive spindle to radially-extending transverse bores (radial lubricant feed hole 31, Fig. 1) arranged at a top of the drive spindle (Fig. 1, col. 5 lines 54-62); a stationary drive housing (4, Fig. 1) comprising an oil slump (lubricant sump 33, Fig. 1) and a cooling channel (lubricant channel 34, Fig. 1) both fluidically coupled to the bore of the drive spindle; a neck bearing (6, Fig. 1) rotatably supporting the drive spindle; a foot bearing (7, Fig. 1) rotatably supporting the drive spindle, wherein the neck bearing and the foot bearing are fluidically coupled to the oil sump so that during operation of the separator the neck bearing and foot bearing are lubricated with oil from the oil sump (col. 6 lines 11-43); an electric drive motor (20, Fig. 1), arranged in the stationary drive housing, comprising a stator (22, Fig. 1) with an upper winding head (see annotated Fig. 1 below) and a rotor (21, Fig. 1) arranged on the drive spindle and radially spaced apart from the stator (col. 4 lines 17-19); a first chamber formed on the upper winding head and comprising an inlet fluidically coupled to the radially-extending transverse bores, and an outlet fluidically coupled to the oil sump (see annotated Fig. 1 below); and a lubrication and cooling circuit that lubricates the neck and foot bearings and to cool the upper winding head and comprising a path for oil to pass from the oil sump, through the bore axially penetrating the drive spindle, the radially extending transverse bores, and the cooling channel, and then return to the oil sump (oil flows from sump 33 through pipe 30 and feed hole 31 to neck bearing 6, then through channel 34 back to sump 33).
To the extent the claimed “transverse bores” require plural holes and Fig. 1 shows one, it would have been obvious to provide more than one radial hole for even distribution. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP 2144.04.
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A. Annotated Fig. 1 of Mackel
Mackel does not disclose wherein the oil lubricating the neck and foot bearings forms an oil film or oil bath that cools the upper winding head, wherein the inlet and outlet of the first chamber are configured so that the first chamber is completely filled with an oil bath during operation of the separator.
Hippen discloses analogous art related to cooling stator windings with the oil that lubricates the bearings, wherein the oil lubricating the bearings forms an oil film or oil bath that cools the stator windings (1424, Fig. 19), wherein the inlet (pressure reduction valve 1430, Fig. 1) and outlet (drain hole 1416, Fig. 19) of the first chamber (stator chamber 1440, Fig. 19) are configured so that the first chamber is completely filled with an oil bath during operation of the separator (an oil cooling gallery receives oil from the same passages that supply the bearings 1410 and 1412 and a stator chamber 1440 in which oil entering stator chamber 1440 submerges stator windings 1424; Fig. 19, Abstract, col. 11 line 36 – col. 12 line 8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the first chamber and upper winding head of Mackel with the stator cooling configuration as taught by Hippen for the purpose of maximizing cooling of the end winding with the oil that already lubricates the bearings (col. 11 line 36 – col. 12 line 8, Hippen).
Regarding claim 20, the combination of Mackel and Hippen discloses wherein the first chamber is an annular chamber formed at a top, outside, or bottom of the upper winding head (see annotated Fig. 1 of Mackel above) so that correspondingly an upper, an outer or a lower surface of the upper winding head (corresponds to stator windings 1424, Fig. 19, Hippen) is partially or completely covered by the oil film during operation of the separator (col. 11 line 36 – col. 12 line 8, Hippen).
Regarding claim 22, the combination of Mackel and Hippen discloses wherein one or more cooling channels (lubricant channel 34, Fig. 1, Mackel) are formed in the stationary drive housing (collar section 26 of housing 4, Fig. 1, Mackel).
Regarding claim 23, the combination of Mackel and Hippen discloses wherein the stationary drive housing has cooling fins (“cooling fins on the outer surface of the drive housing over the entire axial length between the neck bearing and the foot bearing, col. 6 lines 59-64, Mackel) and the one or more of the cooling channels (lubricant channel 34, Mackel) have lubricating oil flowing through them, which has been discharged from one or both of the first and second chambers to dissipate thermal energy of the lubricating oil to an environment via the cooling fins (col. 6 lines 34-40, Mackel).
Regarding claims 24 and 33, the combination of Mackel and Hippen does not specifically disclose wherein the first and second chambers are configured so that a volume of the first and second chambers and a quantity of the oil flowing through the first and second chambers is such that oil does not heat up by more or less than 20°K when flowing through the first and second chambers during operation of the separator; or wherein the first chamber has a volume and inlets and outlets of the first chamber are controlled so that the oil flows through the first chamber in such a way that the oil heats up by less than 20°K when flowing through the first chamber.
Mackel discloses that the pump fins and inlet diameter provide accurate oil volume control that is matched to operating conditions such as ambient temperature (“The fin arrangement together with the dimensioning of the inlet diameter allows a particularly accurate oil volume control (-adjustment) and, if necessary, can be matched to the lubricant or to the operating conditions, such as the installation location (ambient temperature), and can be of exchangeable design, col. 6 lines 1-10).
Hippen discloses sizing the oil ducts to provide ample cooling oil without depriving the bearings, recognizing that overheated oil may start coking at about 280°C, and provides for cooling of the oil (the ducts may be sized to provide ample oil for cooling the stator without depriving bearings of oil, col. 7 lines 17-19; because oil is used to cool the stator, the oil supply for the bearings should be sufficient capacity to compensate for oil used for cooling, col. 7 lines 38-40; oil that overheats on the stator, shaft, or stiffener may start coking at about 280°C, col. 8 lines 43-45).
Based on the teachings of Mackel and Hippen, the flow quantity and chamber volume affect how much the oil heats up, and would be considered result-effective variables. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum of workable ranges by routine experimentation.” MPEP 2144.05(II), In re Aller, 220 F.2d.454,456, 105 USPQ 233,235 (CCPA 1995). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the chamber volume and oil flow quantity in the separator and method of the combination of Mackel and Hippen so that the oil does not heat up by more or less than 20°K or the oil heats up by less than 20°K, for the purpose of keeping the oil well below its coking temperature while cooling the end winding. The specification discloses no criticality or unexpected results for the claimed value, stating it only as preferred (para. [0070]). Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the Applicant must show that the chosen dimensions are critical. In re Woodruff, 919 f.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Regarding claim 25, the combination of Mackel and Hippen discloses wherein the first chamber (see annotated Fig. 1 of Mackel) is formed between elements or sections of the stationary drive housing (4, Fig. 1) and the upper winding head (see annotated Fig. 1 of Mackel).
Regarding claim 28, the combination of Mackel and Hippen discloses wherein the drum is a single or double, conical drum placed on an upper end of a rotatable drive spindle (col. 2 lines 61-65).
Regarding claim 29, the combination of Mackel and Hippen discloses wherein a separating disc stack of separating discs is arranged in the drum (col. 2 lines 53-55, Mackel).
Regarding claim 31, the combination of Mackel and Hippen discloses wherein the electric drive motor (20, Fig. 1, Mackel) is located between the neck bearing (6, Fig. 1, Mackel) and the foot bearing (7, Fig. 1, Mackel), wherein the foot bearing is arranged near a lower end of the drive spindle (5, Fig. 1, Mackel).
Regarding claim 32, Mackel discloses a method for cooling a drive motor of a separator, the method comprising: providing the separator (1, Fig. 1), which comprises: a unit that rotates during operation of the separator, wherein the unit that rotates includes a drum having a vertical axis of rotation (centrifugal drum 2, axis D, Fig. 1) and a drive spindle (5, Fig. 1) axially penetrated by a bore (hole 30, Fig. 1) extending uninterrupted from an inlet at a bottom of the drive spindle to radially-extending transverse bores (radial lubricant feed hole 31, Fig. 1) arranged at a top of the drive spindle (Fig. 1, col. 5 lines 54-62); a stationary drive housing (4, Fig. 1) comprising an oil slump (lubricant sump 33, Fig. 1) and a cooling channel (lubricant channel 34, Fig. 1) both fluidically coupled to the bore of the drive spindle; a neck bearing (6, Fig. 1) rotatably supporting the drive spindle; a foot bearing (7, Fig. 1) rotatably supporting the drive spindle, wherein the neck bearing and the foot bearing are fluidically coupled to the oil sump so that during operation of the separator the neck bearing and foot bearing are lubricated with oil from the oil sump (col. 6 lines 11-43); an electric drive motor (20, Fig. 1), arranged in the stationary drive housing, comprising a stator (22, Fig. 1) with an upper winding head (see annotated Fig. 1 below) and a rotor (21, Fig. 1) configured to rotate the drive spindle arranged on the drive spindle and radially spaced apart from the stator (col. 4 lines 17-19); a first chamber formed on the upper winding head and comprising an inlet fluidically coupled to the radially-extending transverse bores, and an outlet fluidically coupled to the oil sump (see annotated Fig. 1 below); and a lubrication and cooling circuit that lubricates the neck and foot bearings and to cool the upper winding head and comprising a path for oil to pass from the oil sump, through the bore axially penetrating the drive spindle, the radially extending transverse bores, and the cooling channel, and then return to the oil sump (oil flows from sump 33 through pipe 30 and feed hole 31 to neck bearing 6, then through channel 34 back to sump 33).
Mackel does not disclose wherein the oil lubricating the neck and foot bearings forms an oil film or oil bath that cools the upper winding head, and flowing the oil through the lubrication and cooling circuit during operation of the separator in such a way that the first chamber is completely filled with the oil bath during operation of the separator.
Hippen discloses analogous art related to cooling stator windings with the oil that lubricates the bearings, wherein the oil lubricating the bearings forms an oil film or oil bath that cools the stator windings (1424, Fig. 19), and flowing the oil through the lubrication and cooling circuit during operation of the separator in such a way that the first chamber is completely filled with an oil bath during operation of the separator (an oil cooling gallery receives oil from the same passages that supply the bearings 1410 and 1412 and a stator chamber 1440 in which oil entering stator chamber 1440 submerges stator windings 1424; Fig. 19, Abstract, col. 11 line 36 – col. 12 line 8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the method of Mackel with the stator cooling configuration as taught by Hippen for the purpose of maximizing cooling of the end winding with the oil that already lubricates the bearings (col. 11 line 36 – col. 12 line 8, Hippen).
Regarding claim 35, the combination of Mackel and Hippen discloses a stationary annular space (space within bearing housing 9, Fig. 1, Mackel) arranged outside of and above the drive spindle and configured so that oil emerging from the radially-extending transverse bores meets stationary components (bearing housing 9, Fig. 1, Mackel) of the stationary annular space .
Regarding claim 36, the combination of Mackel and Hippen discloses wherein the stationary components are part of the stationary drive housing (bearing housing 9 is fastened on the drive housing 4, Fig. 1, Mackel).
Regarding claim 37, the combination of Mackel and Hippen discloses a cover ring (bearing housing 9, Fig. 1, Mackel) arranged on the stationary drive housing and comprising the stationary components.
Regarding claim 38, the combination of Mackel and Hippen discloses wherein the foot bearing (7, Fig. 1, Mackel) is arranged in the oil sump (33, Fig. 1, Mackel).
Claims 30 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Mackel in view of Hippen, and further in view of WO 2019002429 (Hundertmark et al., hereinafter Hundertmark).
Regarding claim 30, the combination of Mackel and Hippen discloses the bore of the drive spindle (lubricant pipe 30, Mackel), the cooling channel (lubricant channel 34, Mackel), the chamber (see annotated Fig. 1, Mackel), the drum (2, Mackel) and the stationary drive housing (4, Mackel), but does not disclose that these elements form a pre-assembled drive and rotary system unit comprising a closed lubrication system circuit.
Hundertmark discloses analogous art related to a separator, wherein a bore (29) of the drive spindle (3), the one or more cooling channels (37), the first and second chambers (similar to Macke’s first and second chamber, Fig. 1), the drum (2), and the stationary drive housing (motor housing 8, Fig. 1) form a pre-assembled drive and rotary system unit comprising a closed lubrication system circuit (page 4 line 41 – page 5 line 16, claim 16 of machine translation). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the separator of the combination of Mackel and Hippen as a pre-assembled, replaceable drive and rotary system unit with a closed lubrication circuit, as taught by Hundertmark, for the purpose of simplifying assembly and exchange of the drive as a whole (page 3 lines 25-36 of machine translation, Hundertmark).
Regarding claim 34, the combination of Mackel and Hippen discloses the stator comprises a lower winding head (see annotated Fig. 1 of Mackel), the separator further comprising: a second chamber (see annotated Fig. 1 of Mackel) formed on the lower winding head and comprising an inlet fluidically coupled to the cooling channel (lubricant channel 34, Fig. 1, Mackel), but does not disclose wherein the stationary drive housing further comprises a further cooling channel and an outlet fluidically coupled to the oil sump so that during operation of the separator the oil passes from the cooling channel, through the second chamber, and returned to the oil sump, wherein the further cooling channel and the second chamber are part of the lubrication and cooling circuit.
Hundertmark discloses wherein the stationary drive housing (motor housing 8, Fig. 1) further comprises a further cooling channel (annular channel 32, Fig. 1) and an outlet fluidically coupled to the oil sump (30, Fig. 1) so that during operation of the separator the oil passes from the cooling channel, through the second chamber, and returned to the oil sump, wherein the further cooling channel and the second chamber are part of the lubrication and cooling circuit (page 6 lines 30-40 of machine translation). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the separator of the combination of Mackel and Hippen with the further cooling channel as taught by Hundertmark for the purpose of using liquid cooling to cool the drive (page 6 lines 30-40 of machine translation, Hundertmark).
Claims 39 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Mackel.
Regarding claim 39, Mackel discloses a separator (1, Fig. 1) comprising: a rotatable drum having a vertical axis of rotation (centrifugal drum 2, axis D, Fig. 1); a drive spindle (5, Fig. 1) axially penetrated by a bore (hole 30, Fig. 1) extending uninterrupted from an inlet at a bottom of the drive spindle to radially-extending transverse bores (radial lubricant feed hole 31, Fig. 1) arranged at a top of the drive spindle (Fig. 1, col. 5 lines 54-62); a stationary drive housing (4, Fig. 1) comprising an oil slump (lubricant sump 33, Fig. 1) and a cooling channel (lubricant channel 34, Fig. 1) both fluidically coupled to the bore of the drive spindle; a neck bearing (6, Fig. 1) rotatably supporting the drive spindle; a foot bearing (7, Fig. 1) rotatably supporting the drive spindle, an electric drive motor (20, Fig. 1), arranged in the stationary drive housing, comprising a stator (22, Fig. 1) with an upper winding head (see annotated Fig. 1 of Mackel) and a lower winding head (see annotated Fig. 1 of Mackel) and a rotor (21, Fig. 1) arranged on the drive spindle and radially spaced apart from the stator (col. 4 lines 17-19); a first chamber formed on the upper winding head; and a lubrication and cooling circuit that lubricates the neck and foot bearings and to cool the upper winding head and comprising a path for oil to pass from the oil sump, through the bore axially penetrating the drive spindle, the radially extending transverse bores, and the cooling channel, and then return to the oil sump (oil flows from sump 33 through pipe 30 and feed hole 31 to neck bearing 6, then through channel 34 back to sump 33).
To the extent the claimed “transverse bores” require plural holes and Fig. 1 shows one, it would have been obvious to provide more than one radial hole for even distribution. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP 2144.04.
Regarding claim 40, Mackel discloses wherein the foot bearing (7, Fig. 1) is arranged in the oil sump (33, Fig. 1).
Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over Mackel in view of Hundertmark.
Regarding claim 41, Mackel discloses the stator comprises a lower winding head (see annotated Fig. 1 of Mackel), the separator further comprising: a second chamber (see annotated Fig. 1 of Mackel) formed on the lower winding head and comprising an inlet fluidically coupled to the cooling channel (lubricant channel 34, Fig. 1, Mackel), but does not disclose wherein the stationary drive housing further comprises a further cooling channel and an outlet fluidically coupled to the oil sump so that during operation of the separator the oil passes from the cooling channel, through the second chamber, and returned to the oil sump, wherein the further cooling channel and the second chamber are part of the lubrication and cooling circuit.
Hundertmark discloses wherein the stationary drive housing (motor housing 8, Fig. 1) further comprises a further cooling channel (annular channel 32, Fig. 1) and an outlet fluidically coupled to the oil sump (30, Fig. 1) so that during operation of the separator the oil passes from the cooling channel, through the second chamber, and returned to the oil sump, wherein the further cooling channel and the second chamber are part of the lubrication and cooling circuit (page 6 lines 30-40 of machine translation). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the separator of the combination of Mackel and Hippen with the further cooling channel as taught by Hundertmark for the purpose of using liquid cooling to cool the drive (page 6 lines 30-40 of machine translation, Hundertmark).
Conclusion
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/Shuyi S. Liu/Examiner, Art Unit 1774
