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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following limitations must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
In claims 1, 12 and 17:
“(A) a liquid metal rotating contact assembly, having at least one pair of stationary contacts located on the machine housing and at least one pair of rotating contacts located on the shaft wherein the least one pair of stationary contacts located on the machine housing and the at least one pair of rotating contacts located on the shaft…
(B) a rotating transformer, having a primary winding located on the machine housing and a secondary winding located on the shaft and the primary winding located on the machine housing and the secondary winding located on the shaft…
(C) a brushes and slipring assembly having at least one pair of stationary contacts located on the machine housing and at least one pair of rotating contacts located on the shaft…
(D) a superconducting rotating transformer having a stationary superconducting primary winding and a rotating superconducting secondary winding having the primary superconducting winding located on the machine housing and the secondary superconducting winding located on the shaft…”
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 07/14/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material (underlined recitation) which is not supported by the original disclosure is as follows:
[112] A rotating shaft is assembled as shown in FIGS. 35 and 35A. At least one coil as shown in FIGS. 35 and 35A with sides L, R and B are mounted on the shaft. The direction of the current and the flux will be as shown in figures 35 and 35A. It will be observed that the rotational torque produced by coil sides B, R of the coil will be in the same direction. It is determined by the Fleming's left-hand rule of motor action and the direction of flux and current as shown in figure 35 and 3 5A. The direction of current in coil side L will be in the opposite direction to that of coil side R.
The direction of flux interacting coil side Land R will be in the identical direction. Applying Fleming's left-hand rule of motor action to coil sides L and R, the torque produced by coil sides L and R will be in the opposite direction.
Based on the above determination of the direction of torque produced by each coil side B, L, and R it can be concluded that torque produced by the coil will be sum of the torque produced by coil side B and R minus the torque produced by call side L. Because the torque produced by coil side L is in opposite direction to the torque produced by coil sides B and R
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
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.
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 1-20 are rejected under 35 U.S.C. 101 because the disclosed invention is inoperative and therefore lacks utility.
In ¶ 36, 43, & 112, the instant application specification disclosed how the motor operates:
“
[0036] Installed on the shaft 106 is a rotor power unit (RPU) 116. The RPU 116 has a rotating member and a stationary member. The stationary member is mounted on the housing 110 and the rotating member is mounted on the shaft 106. DC or AC power may be applied to the stationary member of the RPU 116 and electrical power may be transferred to the rotating member electromagnetically. The output of the rotating member may be connected to the rotor coils 115. The rotor coils 115 may be connected in series or parallel to the output of the RPU 116 to obtain a desired result.
[0043] For the motor operation to take place, the rotor coils 115 may have to connect to the stator coil 114 and the stator coil 114 powered from PSS and rotor coils 115 powered from RPU 116.
[112] A rotating shaft is assembled as shown in FIGS. 35 and 35A. At least one coil as shown in FIGS. 35 and 35A with sides L, R and B are mounted on the shaft. The direction of the current and the flux will be as shown in figures 35 and 35A. It will be observed that the rotational torque produced by coil sides B, R of the coil will be in the same direction. It is determined by the Fleming's left-hand rule of motor action and the direction of flux and current as shown in figure 35 and 3 5A. The direction of current in coil side L will be in the opposite direction to that of coil side R.
The direction of flux interacting coil side Land R will be in the identical direction. Applying Fleming's left-hand rule of motor action to coil sides L and R, the torque produced by coil sides L and R will be in the opposite direction.
Based on the above determination of the direction of torque produced by each coil side B, L, and R it can be concluded that torque produced by the coil will be sum of the torque produced by coil side B and R minus the torque produced by call side L. Because the torque produced by coil side L is in opposite direction to the torque produced by coil sides B and R…”
In ¶ 148-155, the instant application specification disclosed how the motor rotor receive power from rotor of the power unit (RPU) (i.e.: liquid metal, rotating transformer, superconducting transformer).
“
[0148] FIGS. 9 through 17 further describes 5 primary connection configurations by
which rotor coils are connected to stator coil. The rotor power unit (RPU) supplies power to the rotor coils from a stationary source s without any physical connection or contacts that are subject to wear and tear between the stationary source and the rotor coils. It includes a stationary member and a rotating member. This arrangement makes it possible to implement a brushless commutatorless design configuration. Since there is no physical connection between the stationary and the rotating member of the RPU therefore no wear and tear occurs during the power transfer and ongoing maintenance is not required.
[0149] The rotor power unit (RPU) is used in 6 different design configurations.
[0150] Liquid metal rotating contacts (LMRC): In this connection method the
stationary and rotating members of the rotor power unit (RPU) consists of liquid metal
contacts and the stationary and rotating members are connected by liquid metal. In this
method the DC power is applied directly to the rotor since the connection is made directly with the rotor coils through the liquid metal.
[0151] Conventional rotatable transformer…
[0152] Superconducting rotatable transformer…
[0153] Conventional switch mode rotatable transformer…
[0154] Superconducting switch mode rotatable transformer…
[0155] Long life slipring assembly…”
As best understood from the claims and specification:
the first stationary member and first rotating member are the stator and rotor of the motor,
the second stationary member and second rotating member are components of a rotor power unit (RPU), DC power applied to the secondary stationary member and electrical transferred to second rotating member (via the 6 different design configurations; i.e.: liquid metal, conventional rotatable transformer, superconducting rotatable transformer, conventional switch mode rotatable transformer and superconducting switch mode rotatable transformer).
the output of the rotor power unit (RPU) connected to the armature coils of the motor rotor.
the rotor motor coil has three coil side: L, R and B wherein torques formed by sides L and R cancelled each other in which torque on side B remained as the main torque for rotating shaft 3 (see specification ¶ 112).
In Summary, Applicant appeared to disclose that the motor operated in the following manner:
Direct current is applied to the field coil of stator via PSS (power supply system).
Direct current is applied to the armature coil of rotor via RPU (¶ 36)
the rotor coils 115 may have to connect to the stator coil 114
Based on the above determination of the direction of torque produced by each coil side B, L, and R it can be concluded that torque produced by the coil will be sum of the torque produced by coil side B and R minus the torque produced by call side L. Because the torque produced by coil side L is in opposite direction to the torque produced by coil sides B and R (see amended ¶ 112 filed 07/14/2025).
However, the invention is not operative because the rotor motor would not interact with stator magnetic field because the rotor coils 115 and stator coils 114 are connected to each other as disclosed in ¶ 43.
Claims 2-11 are rejected for their dependency on claim 1.
Claims 12-16 and 18-20 are rejected for similar reasons as claims 1-11.
Claim 17 is rejected for similar reason as claim 1.
Claims 1-20 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
¶ 112 as reproduced as amended on 07/14/2025:
“[112] A rotating shaft is assembled as shown in FIGS. 35 and 35A. At least one coil as shown in FIGS. 35 and 35A with sides L, R and B are mounted on the shaft. The direction of the current and the flux will be as shown in figures 35 and 35A. It will be observed that the rotational torque produced by coil sides B, R of the coil will be in the same direction. It is determined by the Fleming's left-hand rule of motor action and the direction of flux and current as shown in figure 35 and 3 5A. The direction of current in coil side L will be in the opposite direction to that of coil side R.
The direction of flux interacting coil side Land R will be in the identical direction. Applying Fleming's left-hand rule of motor action to coil sides L and R, the torque produced by coil sides L and R will be in the opposite direction.
Based on the above determination of the direction of torque produced by each coil side B, L, and R it can be concluded that torque produced by the coil will be sum of the torque produced by coil side B and R minus the torque produced by call side L. Because the torque produced by coil side L is in opposite direction to the torque produced by coil sides B and R”
Examiner note MPEP 2164.01(a) Undue Experimentation Factors, (F) The amount of direction provided by the inventor. The amendment to paragraph 112 still does not provide any explanation on how such calculation can generate and/or provide continuous rotation. Therefore, one of ordinary skill in the art would not know how to make and/or use the invention as claimed.
Claims 2-11 are rejected for their dependency on claim 1.
Claims 12-16 and 18-20 are rejected for similar reasons as claims 1-11.
Claim 17 is rejected for similar reason as claim 1.
Claims 1-20 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.
Claim 1 recited:
A superconducting brushless commutatorless DC electrical motor, comprising:
a machine housing;
a source of electrical energy;
a first stationary member having: at least one field coil; a field pole magnetic path mounted on the machine housing; and a magnetic field;
a first rotating member having: an armature magnetic path; at least one armature coil having a plurality of coil sides;
a second stationary member having: a plurality of field system yoke magnetic flux conducting paths linking to the first stationary member;
a second rotating member having: a plurality of armature yoke magnetic flux conducting paths linking to the first rotating member;
a shaft disposed along an axis around which the first rotating member rotates;
a torque tube assembly to transfer rotational force produced by the at least one armature coil to the shaft and provide thermal isolation and heat shield between the at least one armature coil and the shaft;
a power transfer device configured to transfer power to the first rotating member via a plurality of modes including rotary power transfer device, selected from the group consisting of:
As recited, claim 1 appeared to recite that the “power transfer device” (i.e.: liquid metal, a rotating transformer, a brushes and slipring assembly, a superconducting rotating transformer”) transfer power to the first rotating member which is a motor rotor.
However, as best understood from specification ¶ 148 as reproduced above, the “power transfer device” is an arrangement to transfer power from the stator of the RPU (secondary stationary member) to the rotor of the RPU (secondary rotating member).
Therefore, such limitation “a power transfer device configured to transfer power to the first rotating member” appeared to contradicted with how the specification disclosed how such power transfer device would be arranged and operate.
In addition, the claim recited: “superconducting brushless commutatorless DC electrical motor” while also required “liquid metal rotating contact as well as brushes and slip ring” and therefore the claim is also contradicting itself.
Thus, the claim contained 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.
Claims 2-11 are rejected for their dependency on claim 1.
Claims 12-16 and 18-20 are rejected for similar reasons as claims 1-11.
Claim 17 is rejected for similar reason as claim 1.
When a patent applicant presents an application describing an invention that contradicts known scientific principles, or relies on previously undiscovered scientific phenomenon, the burden is on the examiner simply to point out this fact to the appellant. The burden shifts to appellant to demonstrate either that his invention, as claimed, is operable or does not violate basic scientific principles, or that those basic scientific principles are incorrect. As stated by the Patent Office Board of Appeals, Newman v. Quigg 681 F.Supp 16, at18, 5 U.S.P.Q. 2d 1880(1988).
Applicants are required to furnish a working model of their invention in order to demonstrate its operability. See MPEP § 608.03; 37 CFR 1.91.
Response to Arguments
Applicant's arguments filed 07/14/2025 have been fully considered but they are not persuasive.
With regard to Drawing Objection:
The Figure 6A, as submitted does not show any of the following:
“(A) a liquid metal rotating contact assembly, having at least one pair of stationary contacts located on the machine housing and at least one pair of rotating contacts located on the shaft wherein the least one pair of stationary contacts located on the machine housing and the at least one pair of rotating contacts located on the shaft…
(B) a rotating transformer, having a primary winding located on the machine housing and a secondary winding located on the shaft and the primary winding located on the machine housing and the secondary winding located on the shaft…
(C) a brushes and slipring assembly having at least one pair of stationary contacts located on the machine housing and at least one pair of rotating contacts located on the shaft…
(D) a superconducting rotating transformer having a stationary superconducting primary winding and a rotating superconducting secondary winding having the primary superconducting winding located on the machine housing and the secondary superconducting winding located on the shaft…”
Therefore, the drawing objection is being maintained as noted above.
With regard to 35 USC § 101 and 35 USC § 112 as noted above:
On pages 34-38 and 53, 54:
Applicant argued that DC motors are well-known motors that connects stator and rotor as well as providing explanation of basic DC motor operation and how the “different type of brush type DC motors on which the present invention is based”.
In response: Applicant’s argument was not found persuasive because the instant application claim recited: “A superconducting brushless commutatorless DC electrical motor”, therefore, such argument is not relevant and non-applicable to the current invention. In other words, Applicant’s arguments relied on well-known brushed motor which do not apply to Applicant’s claim invention “brushless commutatorless DC electrical motor”.
In addition, Applicant does not provide any argument of how the rotor coils 115 connected to the stator coil 114 as disclosed in paragraph 43 of the instant specification would make the rotor function in a “brushless commutatorless” manner as claimed. Therefore, applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the rejection.
On pages 39-47 of the Remark:
Applicant argued that the RPU (rotating power unit) include:
Liquid metal rotating contact
Rotating transformer
Brushes and slip ring
Superconducting rotating transformer
In response:
Applicant’s argument was not found persuasive for the following reason:
(i) liquid metal rotating contact, while does not involve brush, still a physical electrical contact using conductive liquid which cannot be interpreted as “brushless commutatorless DC motor”
(iii) the claim also clearly indicated that the motor is “brushless commutatorless DC electrical motor” which contradict with the structure of brushes and slip ring in the body of claim 1..
On pages 48-59 of the Remark: Applicant provided more calculation as well as how each coil side contribute or cancels torque and explanation of force direction.
In response:
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the argument avoid the noted 35 USC 101 and 35 USC 112 as noted above.
It appears the inventor(s) filed the current application pro se (i.e., without the benefit of representation by a registered patent practitioner). While inventors named as applicants in a patent application may prosecute the application pro se, lack of familiarity with patent examination practice and procedure may result in missed opportunities in obtaining optimal protection for the invention disclosed. The inventor(s) may wish to secure the services of a registered patent practitioner to prosecute the application, because the value of a patent is largely dependent upon skilled preparation and prosecution. The Office cannot aid in selecting a patent practitioner.
A listing of registered patent practitioners is available at https://oedci.uspto.gov/OEDCI/. Applicants may also obtain a list of registered patent practitioners located in their area by writing to Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS TRUONG whose telephone number is (571)270-5532. The examiner can normally be reached Monday-Friday 9AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Seye Iwarere can be reached at (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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/THOMAS TRUONG/Primary Examiner, Art Unit 2834