CTNF 18/439,780 CTNF 98060 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/13/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement are being considered by the examiner. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eter minal-disclaimer. Claims 1-8, and 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims of U.S. Application No. 18439779. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims share the following limitations: Instant Application:18439780 Conflicting application: 18439779 Claim 1: { A magnetizing device configured to magnetize a plurality of magnetic bodies, by applying, with respect to a rotor having a plurality of magnetic bodies arranged in a circumferential direction, a magnetic field in a diametrical direction of the rotor, the magnetizing device comprising; a first magnetizing coil arranged in facing relation to an outer circumferential surface of the rotor, and configured to cause a diametrical outwardly directed first magnetic field to be generated; a second magnetizing coil arranged in facing relation to the outer circumferential surface of the rotor, and configured to cause a diametrical inwardly directed second magnetic field to be generated; a third magnetizing coil arranged in facing relation to the outer circumferential surface of the rotor, and configured to cause a diametrical inwardly directed third magnetic field to be generated; } 1 a first auxiliary coil arranged between the first magnetizing coil and the second magnetizing coil in facing relation to the outer circumferential surface of the rotor, and configured to cause a diametrical inwardly directed first auxiliary magnetic field to be generated; and a second auxiliary coil arranged between the first magnetizing coil and the third magnetizing coil in facing relation to the outer circumferential surface of the rotor, and configured to cause a diametrical inwardly directed second auxiliary magnetic field to be generated; { wherein, by the first magnetizing coil drawing in with the first magnetic field a composite magnetic field which is a composite of the second magnetic field and the third magnetic field, among the plurality of magnetic bodies, } 2 a first magnetic body facing toward the first magnetizing coil is magnetized in a diametrical outward direction, a second magnetic body facing toward the second magnetizing coil is magnetized in a diametrical inward direction, and a third magnetic body facing toward the third magnetizing coil is magnetized in a diametrical inward direction; { among magnetic fluxes caused by the second magnetic field and the third magnetic field, a magnetic flux that is not drawn in by the first magnetic field is a diametrical outwardly directed leakage magnetic flux; } 3 on both sides of the first magnetic body along the circumferential direction, a fourth magnetic body and a fifth magnetic body are adjacent to the first magnetic body while sandwiching the first magnetic body therebetween; with respect to the fourth magnetizing body, the first auxiliary coil allows passage of a diametrical inwardly directed magnetic flux caused by the first auxiliary magnetic field; and with respect to the fifth magnetizing body, the second auxiliary coil allows passage of a diametrical inwardly directed magnetic flux caused by the second auxiliary magnetic field. Claim 1: { A magnetizing device configured to magnetize a plurality of magnetic bodies, by applying, with respect to a rotor having a plurality of magnetic bodies arranged in a circumferential direction, a magnetic field in a diametrical direction of the rotor, the magnetizing device comprising: a first magnetizing coil arranged in facing relation to an outer circumferential surface of the rotor, and configured to cause a diametrical outwardly directed first magnetic field to be generated; a second magnetizing coil arranged in facing relation to the outer circumferential surface of the rotor, and configured to cause a diametrical inwardly directed second magnetic field to be generated; a third magnetizing coil arranged in facing relation to the outer circumferential surface of the rotor, and configured to cause a diametrical inwardly directed third magnetic field to be generated; } 1 and an auxiliary coil arranged in facing relation to the outer circumferential surface of the rotor, and configured to cause a diametrical inwardly directed auxiliary magnetic field to be generated; { wherein, by the first magnetizing coil drawing in with the first magnetic field a composite magnetic field which is a composite of the second magnetic field and the third magnetic field, among the plurality of magnetic bodies, } 2 at least a magnetic body through which the first magnetic field, the second magnetic field, or the third magnetic field passes is magnetized in a magnetizing direction along the diametrical direction; { among magnetic fluxes caused by the second magnetic field and the third magnetic field, a magnetic flux that is not drawn in by the first magnetic field is a diametrical outwardly directed leakage magnetic flux; } 3 and the auxiliary coil applies the auxiliary magnetic field to the rotor, whereby a diametrical inwardly directed magnetic flux caused by the auxiliary magnetic field is made to pass with respect to a magnetic body wherein there is a possibility that the magnetic body among the plurality of magnetic bodies, in the case it is assumed that the auxiliary magnetic field is not present the magnetic body, be magnetized, due to the passage of the leakage magnetic flux, in a direction opposite to a direction in which the magnetic body should be magnetized. Claim 10: { A magnetizing method of magnetizing a plurality of magnetic bodies, by applying, with respect to a rotor having a plurality of magnetic bodies arranged in a circumferential direction, a magnetic field in a diametrical direction of the rotor, the magnetizing method comprising; an arrangement step of arranging a first magnetizing coil, a second magnetizing coil, a third magnetizing coil, a first auxiliary coil, } 1 { and a second auxiliary coil in facing relation to an outer circumferential surface of the rotor; } 2 { and a magnetizing step in which, by the first magnetizing coil causing a diametrical outwardly directed first magnetic field to be generated, } 3 { the second magnetizing coil causing a diametrical inwardly directed second magnetic field to be generated, } 4 { the third magnetizing coil causing a diametrical inwardly directed third magnetic field to be generated, } 5 { and by the first magnetizing coil drawing in with the first magnetic field a composite magnetic field which is a composite of the second magnetic field and the third magnetic field, among the plurality of magnetic bodies, } 6 a first magnetic body facing toward the first magnetizing coil is magnetized in a diametrical outward direction, a second magnetic body facing toward the second magnetizing coil is magnetized in a diametrical inward direction, and a third magnetic body facing toward the third magnetizing coil is magnetized in a diametrical inward direction; in the arrangement step, on both sides of the first magnetic body along the circumferential direction, a fourth magnetic body and a fifth magnetic body are placed adjacent to the first magnetic body while sandwiching the first magnetic body therebetween; { among magnetic fluxes caused by the second magnetic field and the third magnetic field, a magnetic flux that is not drawn in by the first magnetic field is a diametrical outwardly directed leakage magnetic flux; } 7 with respect to the fourth magnetizing body, the first auxiliary coil allows passage of a diametrical inwardly directed magnetic flux caused by the first auxiliary magnetic field; and with respect to the fifth magnetizing body, the second auxiliary coil allows passage of a diametrical inwardly directed magnetic flux caused by the second auxiliary magnetic field. Claim 9: { A magnetizing method of magnetizing a plurality of magnetic bodies, by applying, with respect to a rotor having a plurality of magnetic bodies arranged in a circumferential direction, a magnetic field in a diametrical direction of the rotor, the magnetizing method comprising: an arrangement step of arranging a first magnetizing coil, a second magnetizing coil, a third magnetizing coil, } 1 { and an auxiliary coil in facing relation to an outer circumferential surface of the rotor; } 2 (nuanced recitation of “a second auxiliary coil” vs “an auxiliary coil”) { and a magnetizing step in which, by causing a diametrical outwardly directed first magnetic field to be generated with the first magnetizing coil, } 3 (restructured order of words) { by causing a diametrical inwardly directed second magnetic field to be generated with the second magnetizing coil, } 4 { by causing a diametrical inwardly directed third magnetic field to be generated with the third magnetizing coil, } 5 { and by the first magnetizing coil drawing in with the first magnetic field a composite magnetic field that is a composite of the second magnetic field and the third magnetic field, among the plurality of magnetic bodies, } 6 at least a magnetic body through which the first magnetic field, the second magnetic field, or the third magnetic field passes is magnetized in a magnetizing direction along the diametrical direction; in the magnetizing step: { among magnetic fluxes caused by the second magnetic field and the third magnetic field, a magnetic flux that is not drawn in by the first magnetic field is a diametrical outwardly directed leakage magnetic flux; } 7 and the auxiliary coil applies a diametrical inwardly directed auxiliary magnetic field to the rotor, whereby a diametrical inwardly directed magnetic flux caused by the auxiliary magnetic field is made to pass with respect to a magnetic body wherein there is a possibility that the magnetic body among the plurality of magnetic bodies, in the case it is assumed that the auxiliary magnetic field is not present the magnetic body, be magnetized, due to the passage of the leakage magnetic flux, in a direction opposite to a direction in which the magnetic body should be magnetized. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED F SECK whose telephone number is (571)272-4638. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm. 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, Christopher Koehler can be reached at (571) 272-3560. 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. /AHMED F SECK/Examiner, Art Unit 2834 /CHRISTOPHER M KOEHLER/Supervisory Patent Examiner, Art Unit 2834 Application/Control Number: 18/439,780 Page 2 Art Unit: 2834 Application/Control Number: 18/439,780 Page 3 Art Unit: 2834 Application/Control Number: 18/439,780 Page 4 Art Unit: 2834 Application/Control Number: 18/439,780 Page 5 Art Unit: 2834 Application/Control Number: 18/439,780 Page 6 Art Unit: 2834 Application/Control Number: 18/439,780 Page 7 Art Unit: 2834 Application/Control Number: 18/439,780 Page 8 Art Unit: 2834 Application/Control Number: 18/439,780 Page 9 Art Unit: 2834 Application/Control Number: 18/439,780 Page 10 Art Unit: 2834 Application/Control Number: 18/439,780 Page 11 Art Unit: 2834 Application/Control Number: 18/439,780 Page 12 Art Unit: 2834 Application/Control Number: 18/439,780 Page 13 Art Unit: 2834 Application/Control Number: 18/439,780 Page 14 Art Unit: 2834 Application/Control Number: 18/439,780 Page 15 Art Unit: 2834 Application/Control Number: 18/439,780 Page 16 Art Unit: 2834
Prosecution Insights