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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6, 8 and 10-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 1 “…the electric machine having at least one stator and a rotor, wherein the rotor is positioned axially between a first stator and a second stator of the at least one stator…the axially elastic length-compensation element comprises first and second axially elastic length-compensation elements” is new matter.
The specification discloses the first and second axially elastic length compensation elements 5, 51 is disclosed for the embodiment of fig. 6, where the stator 3 is between two first and second portions of the rotor 4. Claim 1 recites the rotor is between a first stator and a second stator, as shown in figs 2 and 7. The above limitation is new matter since it is disclosed for a stator between two rotor portions and not for a rotor between a first and second stator. Claims 2-6, 8 and 10-11 are rejected since the depend on claim 1.
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.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 10 “the electric machine comprises a first electric machine comprising an axial flux machine and a second electric machine comprising an axial flux machine arranged in a common housing, the axially elastic length-compensation element comprises first and second axially elastic length-compensation elements, and the output element comprises first and second output elements, and the rotor of the first electric machine drives the first output element on one axial side of the machine arrangement via the first axially elastic element and the rotor of the second electric machine drives the second output element on an opposite axial side of the machine arrangement via the second axially elastic element” is unclear.
Claim 1 discloses the first and second axially elastic length-compensation elements connect the rotor to the output element, with the first and second elastic length-compensation elements connected in series, as shown by applicant in fig 6.
The above limitation discloses the rotor 4 of the first electric machine is connected to the first output element 100 by the first elastic length-compensation elements 5, 51 and the rotor 4 of the second electric machine is connected to the second output element 100 by the second elastic length-compensation elements 5, 52 as shown in fig. 2 (since claim 1 discloses the rotor is between first and second stator).
It is unclear how the second elastic length-compensation element can both be connected to the second elastic length-compensation elements is series to connect the rotor/first rotor to the output/first output element and separately connect the second rotor to the second output element.
In order to further prosecution examiner will interpret the limitation as each of the first and second axially elastic length-compensation elements of claim 10 include the first and second axially elastic length-compensation elements of claim 1.
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 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.
Claims 1-3, 5-6 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ohnemus (US20180010647, “Ohnemus”) in view of Hashimoto et al. (US20030189388, “Hashimoto”).
Re claim 1, Ohnemus discloses an electric machine arrangement comprising:
an electric machine 7 for driving an electrically drivable motor vehicle ([0021], 7 acts as starter to crank or drive internal combustion engine), the electric machine having at least one stator (figs 2-3, [0034]) and having a rotor (figs 2-3, [0035]);
an output element 10 that is in rotationally fixed contact with the rotor (figs 2-3, [0038]); and
an axially elastic length-compensation element 8 configured to transmit torque arranged between the rotor of the electric machine 7 and the output element 10 (figs 2-3, [0036]);
wherein the axially elastic length-compensation element comprises first and second axially elastic length-compensation elements 8, 26 (figs 2-3, [0048-0049]), the rotor is connected to the output element 10 via the first axially elastic length-compensation element 8 and the second axially elastic length-compensation element 26, and
wherein the second axially elastic length-compensation element 26 is connected with the first axially elastic length-compensation element 8 in a torque flow (figs 2-3), such that the first axially elastic length-compensation element 8 is arranged on a first axial end of the rotor in a non-overlapping manner (figs 2-3, 8 doesn’t overlap 26 in fig 2 & 8 doesn’t overlap 26 in the axial direction in fig 3) and the second axially elastic length-compensation element 26 is arranged on a second axial end of the rotor in a non-overlapping manner (figs 2-3 & below, 26 doesn’t overlap 2 in fig 2 & 26 doesn’t overlap 8 in the axial direction in fig 3).
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Ohnemus discloses claim 1 except for the electric machine being an axial flux machine; and
the rotor is positioned axially between a first stator and a second stator of the at least one stator.
Hashimoto discloses the electric machine being an axial flux machine;
the rotor 132 is positioned axially between a first stator 40 and a second stator 140 (fig 6, para [0028]).
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 radial flux electric machine of Ohnemus as an axial flux machine, where the rotor is positioned axially between a first stator and a second stator, as disclosed by Hashimoto, in order to double the output, as taught by Hashimoto ([0028]).
Re claim 2, Ohnemus in view of Hashimoto discloses claim 1 as discussed above. Ohnemus further discloses the axially elastic length-compensation element 8 is configured such that backlash-free power transmission is provided in a direction of rotation for torque transmission (figs 2-3, [0036]).
Re claim 3, Ohnemus in view of Hashimoto discloses claim 1 as discussed above. Ohnemus further discloses the axially elastic compensation element 8 comprises at least one leaf spring arranged circumferentially, at least one leaf spring assembly, a corrugated pipe, or an annular disk (figs 2-3, [0036], corrugated pipe).
Re claim 5, Ohnemus in view of Hashimoto disclose claim 1 as discussed above and further discloses a housing 15 for receiving the electric machine 7, wherein the housing 15 forms a component supporting the first stator and the second stator (Ohnemus, figs 2-3, [0040], since 15 housing for 7 & stator is stationary; Hashimoto discloses 1st & 2nd stator).
Re claim 6, Ohnemus in view of Hashimoto disclose claim 1 as discussed above. Ohnemus further discloses comprising a housing 15 for receiving the electric machine 7 (figs 2-3, [0040]), wherein the stator is arranged in a rotationally fixed manner within the housing 15 (figs 2-3, [0040], since 15 housing for 7 & stator is stationary) and the rotor is rotatably mounted on the at least one stator or the stator (figs 2-3; mounted to stator through 15).
Re claim 10, Ohnemus in view of Hashimoto disclose claim 1 as discussed above, but is silent with respect to the electric machine comprises a first electric machine comprising an axial flux machine and a second electric machine comprising an axial flux machine arranged in a common housing, the axially elastic length-compensation element comprises first and second axially elastic length-compensation elements, and the output element comprises first and second output elements, and the rotor of the first electric machine drives the first output element on one axial side of the machine arrangement via the first axially elastic length-compensation element and the rotor of the second electric machine drives the second output element on an opposite axial side of the machine arrangement via the second axially elastic length-compensation element.
Hashimoto discloses in another embodiment the electric machine comprises a first electric machine comprising an axial flux machine and a second electric machine comprising an axial flux machine arranged in a common housing (figs 8a & below, [0029-0030]), and the output element comprises first and second output elements (figs 8a & below), and the rotor of the first electric machine drives the first output element on one axial side of the machine arrangement (figs 8a & below) and the rotor of the second electric machine drives the second output element on an opposite axial side of the machine arrangement (figs 8 & below).
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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 electric machine of Ohnemus in view of Hashimoto to comprise a first electric machine comprising an axial flux machine and a second electric machine comprising an axial flux machine arranged in a common housing, and the output element comprises first and second output elements, and the rotor of the first electric machine drives the first output element on one axial side of the machine arrangement and the rotor of the second electric machine drives the second output element on an opposite axial side of the machine arrangement, as disclosed by Hashimoto in another embodiment, in order to provide to independently driven output elements, as taught by Hashimoto ([0030]-[0031]).
It is pointed out that Ai in view of Fan disclose: the axially elastic length-compensation element comprises first and second axially elastic length-compensation elements (as best understood by examiner each of the first and second axially elastic length-compensation elements of claim 10 include the first and second axially elastic length-compensation elements of claim 1); and the rotor of the first electric machine drives the first output element on one axial side of the machine arrangement via the first axially elastic length-compensation element and the rotor of the second electric machine drives the second output element on an opposite axial side of the machine arrangement via the second axially elastic length-compensation element, since: Ohnemus discloses the axially elastic length-compensation element 8, 26 is provided between the rotor and shaft; and Hashimoto discloses providing second stator, rotor and output element.
Re claim 11, Ohnemus in view of Hashimoto disclose claim 1 as discussed above. Ohnemus further discloses the output element 10 comprises a shaft and is rotatably mounted in a component 15 supporting the at least one stator (figs 1-3, [0040]).
Claims 12-14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ohnemus (US20180010647, “Ohnemus”) in view of Fan et al. (GB2379093, “Fan”).
Re claim 12, Ohnemus discloses an electric machine arrangement comprising:
an electric machine 7 having a stator (figs 1-3, [0034]) and a rotor (figs 1-3, [0035]);
an output element 10 in rotationally fixed contact with the rotor (figs 1-3, [0038]); and
an axially elastic length-compensation element 8 configured to transmit torque arranged between the rotor and the output element 10 (figs 1-3, [0036]);
wherein the axially elastic length-compensation element comprises first and second axially elastic length-compensation elements 8, 26 (figs 2-3, [0048-0049]), the rotor is connected to the output element 10 via the first axially elastic length-compensation element 8 and the second axially elastic length-compensation element 26, and
wherein the second axially elastic length-compensation element 26 is connected in series with the first axially elastic length-compensation element 8 in a torque flow (figs 2-3), such that the first axially elastic length-compensation element 8 is arranged on a first axial end of the rotor in a non-overlapping manner (figs 2-3, 8 doesn’t overlap 26 in fig 2 & 8 doesn’t overlap 26 in the axial direction in fig 3) and the second axially elastic length-compensation element 26 is arranged on a second axial end of the rotor in a non-overlapping manner (figs 2-3 & above for claim 1, 26 doesn’t overlap 2 in fig 2 & 26 doesn’t overlap 8 in the axial direction in fig 3).
Ohnemus discloses claim 12 except for the rotor is positioned axially between a first stator and a second stator, the electric machine being an axial flux machine.
Fan discloses the stator 21 is positioned axially between first and second portions of the rotor 30. (fig 3, pg 5, lns 17-19), the electric machine being an axial flux machine (fig 3); and
employing axial flux machines in place of radial flux machine (fig 1, pg 1, lns 5-22).
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 axial flux machine of Ohnemus to comprise the stator is positioned axially between first and second portions of the rotor, the electric motor being an axial flux machine, as disclosed by Fan, in order to double the output of the motor by providing two magnetic air gaps between the stator and rotor, as demonstrated by Fan.
Re claim 13, Ohnemus in view of Fan disclose claim 12 as discussed above. Ohnemus further discloses the axially elastic length-compensation element 8 is configured such that backlash-free power transmission is provided in a direction of rotation for torque transmission (figs 2-3, [0036]).
Re claim 14, Ohnemus in view of Fan disclose claim 12 as discussed above. Ohnemus further discloses the axially elastic compensation element 8 comprises at least one leaf spring arranged circumferentially, at least one leaf spring assembly, a corrugated pipe, or an annular disk (figs 2-3, [0036], corrugated pipe).
Re claim 16, Ohnemus in view of Fan discloses claim 12 as discussed above. Ohnemus further discloses a housing 15 for receiving the electric machine 7, wherein the housing 15 forms a component supporting the stator (figs 2-3, [0040], since 15 housing for 7 & stator is stationary).
Re claim 17, Ohnemus in view of Fan disclose claim 12 as discussed above. Ohnemus further discloses comprising a housing 15 for receiving the electric machine 7 (figs 2-3, [0040]), wherein the stator is arranged in a rotationally fixed manner within the housing 15 (figs 2-3, [0040], since 15 housing for 7 & stator is stationary) and the rotor is rotatably mounted on the at least one stator or the stator (figs 2-3; mounted to stator through 15).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ohnemus in view of Hashimoto and in further view of Man et al. (DE19937545, “Man”, using machine translation).
Re claim 4, Ohnemus in view of Hashimoto disclose claim 1 as discussed above, but is silent with respect to the axially elastic length-compensation element comprises a circumferentially arranged leaf spring or leaf spring assembly arranged and fastened such that, viewed in a circumferential direction in which the electric machine transmits a greater torque to the output element in operation, a fastening point of the leaf spring or the leaf spring assembly on a side facing the rotor, viewed circumferentially, is located in front of a fastening point of said leaf spring or said leaf spring assembly on a side facing the output element, so that the greater torque is adapted to be transmitted to the output element as a tangential tensile force via the axially elastic length-compensation element.
Man discloses the axially elastic length-compensation element 123 comprises a circumferentially arranged leaf spring or leaf spring assembly (fig 3, [0040]) arranged and fastened such that, viewed in a circumferential direction in which the electric machine 150 transmits a greater torque to the output element 104 in operation, a fastening point of the leaf spring or the leaf spring assembly 123 on a side facing the rotor 151, viewed circumferentially, is located in front of a fastening point of said leaf spring or said leaf spring assembly 123 on a side facing the output element 104 (fig 3, 123 attached to 151 axially in front of where 123 is attached to 104) , so that the greater torque is adapted to be transmitted to the output element 104 as a tangential tensile force via the axially elastic length-compensation element 123 (fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute one known element (bellow, as disclosed by Ohnemus) for another known equivalent element (leaf spring, as disclosed by Man) resulting in the predictable result of elastically connecting the rotor to the output element.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ohnemus in view of Hashimoto and in further view of Allen et al. (US20130113334, “Allen”).
Re claim 8, Ohnemus in view of Hashimoto disclose claim 1 as discussed above, but is silent with respect to the at least one stator or stator is supported in a direction of rotation with a further length-compensation element and is connected to a component supporting the at least one stator or the stator such that the further length-compensating element is at least axially movable relative thereto.
Allen discloses the one stator 110 is supported in a direction of rotation with a further length-compensation element 150 and is connected to a component 102 supporting the stator 110 such that the further length-compensating element 150 is at least axially movable relative thereto (figs 2-3, [0026] & [0029]).
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 at least one stator or the stator of Ohnemus in view of Hashimoto to be supported in a direction of rotation with a further length-compensation element and is connected to a component supporting the stator such that the further length-compensating element is at least axially movable relative thereto, as disclosed by Allen, in order to hold the stator laminations together, as taught by Allen ([0002]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ohnemus in view of Fan and in further view of Man et al. (DE19937545, “Man”, using machine translation).
Re claim 15, Ohnemus in view of Fan disclose claim 12 as discussed above, but is silent with respect to the axially elastic length-compensation element comprises a circumferentially arranged leaf spring or leaf spring assembly arranged and fastened such that, viewed in a circumferential direction in which the electric machine transmits a greater torque to the output element in operation, a fastening point of the leaf spring or the leaf spring assembly on a side facing the rotor, viewed circumferentially, is located in front of a fastening point of said leaf spring or said leaf spring assembly on a side facing the output element, so that the greater torque is adapted to be transmitted to the output element as a tangential tensile force via the axially elastic length-compensation element.
Man discloses the axially elastic length-compensation element 123 comprises a circumferentially arranged leaf spring or leaf spring assembly (fig 3, [0040]) arranged and fastened such that, viewed in a circumferential direction in which the electric machine 150 transmits a greater torque to the output element 104 in operation, a fastening point of the leaf spring or the leaf spring assembly 123 on a side facing the rotor 151, viewed circumferentially, is located in front of a fastening point of said leaf spring or said leaf spring assembly 123 on a side facing the output element 104 (fig 3, 123 attached to 151 axially in front of where 123 is attached to 104) , so that the greater torque is adapted to be transmitted to the output element 104 as a tangential tensile force via the axially elastic length-compensation element 123 (fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute one known element (bellow, as disclosed by Ohnemus) for another known equivalent element (leaf spring, as disclosed by Man) resulting in the predictable result of elastically connecting the rotor to the output element.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Ohnemus in view of Fan and in further view of Allen et al. (US20130113334, “Allen”).
Re claim 19, Ohnemus in view of Fan disclose claim 1 as discussed above, but is silent with respect to the at least one stator or stator is supported in a direction of rotation with a further length-compensation element and is connected to a component supporting the at least one stator or the stator such that the further length-compensating element is at least axially movable relative thereto.
Allen discloses the one stator 110 is supported in a direction of rotation with a further length-compensation element 150 and is connected to a component 102 supporting the stator 110 such that the further length-compensating element 150 is at least axially movable relative thereto (figs 2-3, [0026] & [0029]).
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 at least one stator or the stator of Ohnemus in view of Fan to be supported in a direction of rotation with a further length-compensation element and is connected to a component supporting the stator such that the further length-compensating element is at least axially movable relative thereto, as disclosed by Allen, in order to hold the stator laminations together, as taught by Allen ([0002]).
Response to Arguments
Applicant's arguments filed 11/5/2025 have been fully considered but they are not persuasive.
Applicant argues that applicant’s figure 2 discloses a rotor axially between first and second stators with first and second length compensation elements (pg 7, last paragraph). Examiner disagrees.
Claim 1 also requires “the rotor is connected to the output element via the first axially elastic length-compensation element and the second axially elastic length-compensation element”.
As seen in figure 2 one rotor 4 is connected to one output element 100 through the first axially elastic length-compensation element 51 and another rotor 4 is connected another output element 100 through the second axially elastic length-compensation element 52. Specifically figure 2 discloses two electric machines each with a rotor, first and second stators and separate output elements, where the claim limitation is with respect to one of the rotors. Therefore claim 1 is reciting new matter.
Applicant argues that removing “in series” from claim 1 overcomes the 35 USC 112(b) rejection of claim 10 (pg 8, 1st paragraph). Examiner disagrees.
Claim 10 is claiming first and second axially elastic length-compensation elements used for separate rotors for separate electrical machines. As discussed above in the previous response, claim 1 is claiming first and second axially elastic length-compensation elements used with one rotor of one electrical machine to connect the rotor to one output element of one electrical machine.
As discussed in the response above, claim 1 requires the first and second axially elastic length-compensation element to connect the rotor to the output element, where claim 10 recites only the first axially elastic length-compensation element or the second axially elastic length-compensation element connects one rotor to one output element, making claim 10 unclear.
Applicant argues that Ohnemus does not disclose the first axially elastic length-compensation element is arranged on a first axial end of the rotor in a non-overlapping manner and the second axially elastic length-compensation element is arranged on a second axial end of the rotor in a non-overlapping manner (pg 9, last paragraph to pg 10, 1st paragraph). Examiner disagrees.
Applicant argues that the first axially elastic length-compensation element 8 overlaps the rotor in the radial direction (pg 10, lns 1-4). The claim amendment only requires the first axially elastic length-compensation element is arranged on the first axial end in a non-overlapping manner. This limitation does state which structure is not to be overlapped.
In view of this the first axially elastic length-compensation element 8 of Ohnemus does not overlap the second axially elastic length-compensation element 26 in figure 2; and does not overlap the second axially elastic length-compensation element 26 in the axial direction in figure 3. Therefore Ohnemus discloses the claim amendments.
Additionally applicant shows the first axially elastic length-compensation element 51 overlapping the rotor 4 and the second axially elastic length-compensation element 52 in the axial direction as seen in figure 2 (reproduce below w/ respect to claim 1) and in figure 6 (reproduce below w/ respect to claim 12).
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC JOHNSON whose telephone number is (571)270-5715. The examiner can normally be reached on Mon-Fri 8:30-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Seye Iwarere can be reached on (571)270-5112. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC JOHNSON/Primary Examiner, Art Unit 2834