Prosecution Insights
Last updated: April 19, 2026
Application No. 18/269,333

ROTATING ELECTRICAL MACHINE

Non-Final OA §102§103§112
Filed
Jun 23, 2023
Examiner
SETZER, NICHOLAS LEE
Art Unit
2834
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Hitachi Industrial Equipment Systems Co., Ltd.
OA Round
3 (Non-Final)
63%
Grant Probability
Moderate
3-4
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allow Rate
26 granted / 41 resolved
-4.6% vs TC avg
Strong +50% interview lift
Without
With
+50.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
34 currently pending
Career history
75
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
49.7%
+9.7% vs TC avg
§102
25.4%
-14.6% vs TC avg
§112
24.1%
-15.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 41 resolved cases

Office Action

§102 §103 §112
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 . This Office Action is responsive to the Applicant's communication filed August 12, 2025. In view of this communication and the amendment concurrently filed: claims 1-5 were previously pending; no claims were cancelled and no claims were added by amendment; and thus, claims 1-5 are now pending in the application. Response to Arguments Applicant's arguments filed August 12, 2025 have been fully considered. The Applicant's first point (page 4-5 of Remarks) amends claim 1 to include the limitation, “wherein an interior side of the first exhaust opening has a concave shape.” This amendment adds a limitation which falls outside the scope of the currently applied prior art. Therefore, the amendment necessitates new grounds of rejection. This is shown in the new rejection bellow. 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 3-4 were 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. Claims 3 and 4 both recites the limitation "the gap" in first paragraph of each claim respectively. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated EARLY (US 5998896 A). Regarding claim 1, EARLY teaches: A rotating electrical machine (Fig 2; 10) comprising: a housing(Fig 2; 12), a cylindrical fan cover (Fig 3; 20/22/24/26) covers the housing(Fig 2; 12)(the fan cover and housing are integrally formed as one piece), an end bracket (Fig 2; 72)attached to an axial end face of the housing(Fig 2; 12)[Col 4; ln 27-36], a cooling fan (Fig 2; 62)on the fan cover(Fig 2; 24)[Col 4; ln 19-26], wherein an output shaft side end face of the fan cover (Fig 2; 20)has a convex portion extending in the axial direction(the fan cover has cover plate 46; this portion is convex in the axial direction; additionally end bracket 72, which forms part of the fan cover, is convex in the axial direction), the end bracket on the output shaft side(Fig 2; 72) has a first exhaust opening part(Fig 3; 40/42) relative to the convex part of the fan cover(the term “relative” has been broadly interpreted to mean the same axial side as), the end bracket on an anti-output shaft side (Fig 2; 74)has a second exhaust opening part (Fig 2; 40’/42’)on an opposite side of the first exhaust opening part(Fig 3; 40/42); wherein an interior side of the first exhaust opening (Fig 3; 40/42) has a concave shape(Fig 3 shows the concave cut out of exhaust opening 40/42). PNG media_image1.png 572 504 media_image1.png Greyscale PNG media_image2.png 577 490 media_image2.png Greyscale Additionally. The Applicant should note that it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwih v. Erlichman, 168 USPQ 177, 179. This can be applied to making the housing and fan cover separable. Regarding claim 5, EARLY teaches the rotating electrical machine according to claim 1 comprising: the fan cover (Fig 3; 20/22/24/26) is rectangular, in which openings (Fig 3; 40/42/40’/42’)are formed at the four corners of the rectangle(the openings are located at the bottom wall 26 of the fan cover at each corner). 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over EARLY (US 5998896 A) in view of GOWANS (US 20170179792 A1). In regards to claim 2, EARLY teaches the rotating electrical machine according to claim 1. EARLY does not teach: plurality of cooling fans are arranged on the same surface of the fan cover. GOWANS teaches: plurality of cooling fans (Fig 1; 104)are arranged on the same surface of the fan cover(Fig 1; 102). PNG media_image3.png 500 616 media_image3.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify EARLY by teaches a plurality of fans taught by GOWANS in order to improve air circulation of the cooling system. Additionally, the Applicant should note it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. This can be applied to making a plurality of fans. In regards to claim 3, EARLY, in view of GOWANS, teaches the rotating electrical machine according to claim 2: the gap (Fig 2; 60)between the fan cover (Fig 2; 24)and the housing(Fig 2; 12), the flow paths of cooling air of cooling fans are different(flow paths are shown in Fig 2 to split and got to both axial ends of the motor). EARLY does not teach: the plurality of cooling fans a first cooling fan and a second cooling fan of the plurality of cooling fans GOWANS teaches: the plurality of cooling fans(Fig 1; 104) a first cooling fan (Fig 1; 104)and a second cooling fan (Fig 1; 104)of the plurality of cooling fans Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over EARLY (US 5998896 A) in view of GOWANS (US 20170179792 A1), and further in view of ADACHI (JP 2014066459 A). In regards to claim 4, EARLY, in view of GOWANS, teaches the rotating electrical machine according to claim 2: cooling air passes through the gap (Fig 2; 60)between the fan cover(Fig 2; 24) and the housing(Fig 2; 12). EARLY does not teach: the plurality of cooling fans comprising a partition to separate the cooling air from a first cooling fan of the plurality of cooling fans located on the output shaft side and the cooling air from a second cooling fan of the plurality of cooling fans located on the anti- output shaft side. GOWANS teaches: the plurality of cooling fans (Fig 1; 104) a first cooling fan(Fig 1; 104) of the plurality of cooling fans located on the output shaft side and the cooling air from a second cooling fan (Fig 1; 104)of the plurality of cooling fans located on the anti- output shaft side. Combination EARLY/GOWANS does not teach teaches: comprising a partition to separate the cooling air. ADACHI teaches: comprising a partition (Fig 5;71) to separate the cooling air [0033]. PNG media_image4.png 456 529 media_image4.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the EARLY/GOWANS combination by adding the partition to direct air taught by ADACHI in order to concentrate the air to a desirable location, thus cooling that part of the motor [ADACHI 0033]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS L SETZER whose telephone number is (571)272-3021. The examiner can normally be reached Mon-Fri, 8am-5pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oluseye 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /N.L.S./Examiner, Art Unit 2834 /OLUSEYE IWARERE/Supervisory Patent Examiner, Art Unit 2834
Read full office action

Prosecution Timeline

Jun 23, 2023
Application Filed
Apr 14, 2025
Non-Final Rejection — §102, §103, §112
Jun 24, 2025
Response Filed
Jul 02, 2025
Final Rejection — §102, §103, §112
Aug 12, 2025
Request for Continued Examination
Aug 13, 2025
Response after Non-Final Action
Sep 08, 2025
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12589880
ROTOR, AND PROPELLER DRIVING DEVICE AND AIRCRAFT USING THE SAME
2y 5m to grant Granted Mar 31, 2026
Patent 12592605
COOLING SYSTEM FOR DRIVE DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12580436
STATOR ASSEMBLY FOR AN ELECTRIC MACHINE
2y 5m to grant Granted Mar 17, 2026
Patent 12573895
ROTOR PUNCHING SHEET, MOTOR ROTOR, MOTOR AND VEHICLE
2y 5m to grant Granted Mar 10, 2026
Patent 12558707
TRANSDUCER AND MANUFACTURING METHOD THEREOF
2y 5m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
63%
Grant Probability
99%
With Interview (+50.0%)
2y 6m
Median Time to Grant
High
PTA Risk
Based on 41 resolved cases by this examiner. Grant probability derived from career allow rate.

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