DETAILED ACTION
In view of the appeal brief filed on 3/19/2026, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/EDUARDO COLON SANTANA/ Supervisory Patent Examiner, Art Unit 2837
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 10-14, 20-23, and 27 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Besser et al. (US 6,587,037).
Regarding claim 1,
Besser discloses (fig. 1):
An electromagnetic combo machine (Fig. 1, col. 2:47-50), comprising: a generator portion (108, col. 2:66-col. 3:5); and a motor portion (106) electrically directly coupled to the generator portion (108, via 104, col. 3:9-17).
Regarding claim 10,
Besser discloses (fig. 1):
further comprising a turbine coupled to the generator portion and configured to rotate from fluid flow through the turbine to rotate a rotor of the generator portion (Col. 2:66-col. 3:5 describes the use of a turbine driven generator).
Regarding claim 11,
Besser discloses (fig. 1):
wherein the motor portion comprises an induction motor portion (col. 2: lines 56-65).
Regarding claim 12,
Besser discloses (fig. 1):
wherein the generator portion comprises a permanent magnet (PM) configured to induce an electromagnetic force to create a current in the generator portion (Col. 2:66-Col.3:5, explains that any suitable three phase power system including a motor, which can be a PM motor/generator).
Regarding claim 13,
Besser discloses (fig. 1):
wherein the motor portion comprises an induction motor portion (col. 2: lines 56-65).
Regarding claim 14,
Besser discloses (fig. 1):
wherein the generator portion comprises an induction generator portion (col. 2: lines 65 – Col 3, line 5, mentions that any suitable three phase power system).
Regarding claim 20,
Besser discloses (fig. 1):
wherein the electromagnetic combo machine comprises an electromagnetic machine configured to be coupled to a device (pump, 106, col. 3:6-17).
Regarding claim 21,
Besser discloses (fig. 1):
wherein the electromagnetic machine comprises an induction electromagnetic machine (col. 2: lines 56-65).
Regarding claim 22,
Besser discloses (fig. 1):
wherein the electromagnetic machine comprises a permanent magnet electromagnetic machine (col. 2: line 56 to Col. 3, line 5, states that any suitable three phase power system including a motor, which can be a PM motor/generator).
Regarding claim 23,
Besser discloses (fig. 1):
A method of actuating a device, comprising: providing power to an electromagnetic combo machine (Fig. 1, col. 2: lines 47-50) having a generator portion (108, col. 2: line 66 - col. 3: line 5) electrically directly coupled to motor portion (106, via 104, col. 3: lines 9-17); and actuating the device (106) with the electromagnetic combo machine (col. 3: lines 6-17).
Regarding claim 27,
Besser discloses (fig. 1):
wherein providing power to the electromagnetic combo machine comprises passing a fluid by a turbine and rotating a portion of the turbine coupled to a rotor of the generator portion (Col. 2: line 66-col. 3: line 5 describes the use of a turbine driven generator).
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.
Claim(s) 3-6, 8, and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Besser et al. (US 6,587,037) in view of Reed et al. (US 2019/0186246).
Regarding claim 3,
Besser discloses the above elements from claim 1.
Besser does not disclose:
wherein the electromagnetic combo machine is immersed in a flowing conductive fluid and wherein the fluid is allowed to flow through at least one of the electromagnetic combo machine and between a stator and rotor of the electromagnetic combo machine.
However, Reed teaches (fig. 1):
wherein the electromagnetic combo machine is immersed in a flowing conductive fluid and wherein the fluid is allowed to flow through at least one of the electromagnetic combo machine and between a stator and rotor of the electromagnetic combo machine (flows through pump. 110, ¶0023).
Regarding claim 3, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2: lines 51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
Regarding claim 4,
Besser discloses the above elements from claim 1.
Besser does not disclose:
wherein the motor portion is configured for multiple rotational speeds
However, Reed teaches (fig. 1):
wherein the motor portion is configured for multiple rotational speeds (¶0025).
Regarding claim 4, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
Regarding claim 5,
Besser discloses the above elements from claim 4.
Besser does not disclose:
further comprising a variable controlled electrical load coupled to an electrical direct coupling for the motor portion that is electrically directly coupled to the generator portion and configured to absorb excess power from the generator portion to regulate speed of the motor portion.
However, Reed teaches (fig. 1):
further comprising a variable controlled electrical load (Fig. 1, 128) coupled to an electrical direct coupling for the motor portion that is electrically directly coupled to the generator portion and configured to absorb excess power from the generator portion to regulate speed of the motor portion (¶0027).
Regarding claim 5, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
Regarding claim 6,
Besser discloses the above elements from claim 5.
Besser does not disclose:
wherein the control of the speed is at least partially based on speed input to the controlled electrical load of a speed error relative to an actual speed and a desired speed.
However, Reed teaches (fig. 1):
wherein the control of the speed is at least partially based on speed input to the controlled electrical load of a speed error relative to an actual speed and a desired speed (¶0025).
Regarding claim 6, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
Regarding claim 8,
Besser discloses the above elements from claim 4.
Besser does not disclose:
further comprising a controlled electrical load configured to regulate speed of the motor portion.
However, Reed teaches (fig. 1):
further comprising a controlled electrical load (Fig. 2, 138) configured to regulate speed of the motor portion (110, ¶0025).
Regarding claim 8, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
Regarding claim 24,
Besser discloses the above elements from claim 23.
Besser does not disclose:
further comprising controlling a speed of the motor portion by a controlled electrical load
However, Reed teaches (fig. 1):
further comprising controlling a speed of the motor portion by a controlled electrical load (¶0025-¶0027).
Regarding claim 24, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
Claim(s) 2 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Besser et al. (US 6,587,037) in view of McMullen et al. (US 2018/0180049).
Regarding claim 2,
Besser discloses the above elements from claim 1.
Besser does not disclose:
wherein the generator portion and the motor portion share a stator in a single housing.
However, McMullen teaches (fig. 3B):
wherein (Fig. 3B) the generator portion (352) and the motor portion (350) share a stator (354) in a single housing (¶0054).
Regarding claim 2, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and integrate the motor and generator into a single housing sharing a stator to provide a down well power source that can power drilling tools (¶0049). This would provide greater functionality lowering costs for production.
Regarding claim 17,
Besser discloses the above elements from claim 1.
Besser does not disclose:
wherein the generator portion and the motor portion have an equal quantity of poles.
However, McMullen teaches (fig. 3B):
wherein the generator portion and the motor portion have an equal quantity of poles (¶0046).
Regarding claim 17, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and integrate the motor and generator into a single housing sharing a stator to provide a down well power source that can power drilling tools (¶0049). This would provide greater functionality lowering costs for production.
Claim(s) 15-16, 19 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Besser et al. (US 6,587,037) and Reed et al. (US 2019/0186246) and in further view of Hallidy (US 2004/0164695).
Regarding claim 15,
Besser and Reed disclose the above elements from claim 14.
Besser and Reed do not disclose:
wherein the induction generator portion comprises a squirrel cage; and further comprising a reactive power source to start the generator portion.
However, Hallidy teaches (fig. 1):
wherein the induction generator portion comprises a squirrel cage; and further comprising a reactive power source to start the generator portion (¶0033 and 0081).
Regarding claim 15, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
It would have been further obvious to take this combination and use a squirrel cage in order to improve torque and efficiency as taught by Hallidy (¶0033). This would further improve efficiency.
Regarding claim 16,
Besser and Reed disclose the above elements from claim 14.
Besser and Reed do not disclose:
wherein the induction generator portion is electrically coupled to a starter circuit having a DC power supply and configured to provide momentary power for initial excitation of the induction generator portion.
However, Hallidy teaches (fig. 1):
wherein the induction generator portion is electrically coupled to a starter circuit (Fig. 1, 317, 308) having a DC power supply (317) and configured to provide momentary power for initial excitation of the induction generator portion (¶0055-¶0058).
Regarding claim 16, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
It would have been further obvious to take this combination and use a squirrel cage in order to improve torque and efficiency as taught by Hallidy (¶0033). This would further improve efficiency.
Regarding claim 19,
Besser and Reed disclose the above elements from claim 1.
Besser and Reed do not disclose:
wherein the generator portion and the motor portion each comprise an induction configuration having a squirrel cage.
However, Hallidy teaches (fig. 1):
wherein the generator portion and the motor portion each comprise an induction configuration having a squirrel cage (¶0081).
Regarding claim 19, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
It would have been further obvious to take this combination and use a squirrel cage in order to improve torque and efficiency as taught by Hallidy (¶0033). This would further improve efficiency.
Regarding claim 26,
Besser and Reed disclose the above elements from claim 23.
Besser and Reed do not disclose:
further comprising providing reactive power to the generator portion for initial excitation.
However, Hallidy teaches (fig. 1):
further comprising providing reactive power to the generator portion for initial excitation (¶0055-¶0058).
Regarding claim 26, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
It would have been further obvious to take this combination and use a squirrel cage in order to improve torque and efficiency as taught by Hallidy (¶0033). This would further improve efficiency.
Claim(s) 7, 9, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Besser et al. (US 6,587,037) and Reed et al. (US 2019/0186246) as applied to claims 5, 8, and 23, and in further view of McMullen et al. (MCMullen II)(US 2018/0179860).
Regarding claim 7,
Besser and Reed disclose the above elements from claim 5.
Besser and Reed do not disclose:
wherein the control of the speed is at least partially based on positional input to the controlled electrical load of a positional error relative to an actual device position and a desired device position.
However, McMullen II teaches:
wherein the control of the speed is at least partially based on positional input to the controlled electrical load of a positional error relative to an actual device position and a desired device position (¶0057).
Regarding claim 7, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
It would have been further obvious to take this combination and adjust the force on the rotor using position control on the axial position of the rotor to compensate for fluids pumping and movement as taught by McMullen II (¶0057). This would improve reliability.
Regarding claim 9,
Besser and Reed disclose the above elements from claim 8.
Besser and Reed do not disclose:
wherein the controlled electrical load comprises at least one of a variable resistor and a pulse width modulator.
However, McMullen II teaches:
wherein the controlled electrical load comprises at least one of a variable resistor and a pulse width modulator (¶0038).
Regarding claim 9, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
It would have been further obvious to take this combination and have a controlled electrical load be a pulse width modulator as taught by McMullen II to precisely control power while keeping energy loss low (see par. 0038) This would improve reliability.
Regarding claim 25,
Besser and Reed disclose the above elements from claim 23.
Besser and Reed do not disclose:
further comprising controlling a position of the device by a controlled electrical load.
However, McMullen II teaches:
further comprising controlling a position of the device by a controlled electrical load (¶0057).
Regarding claim 25, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and use the VFD from Reed to speed control the motor at the bottom of the well (¶0025). This would improve efficiency of the motor.
It would have been further obvious to take this combination and adjust the force on the rotor using position control on the axial position of the rotor to compensate for fluids pumping and movement as taught by McMullen II (¶0057). This would improve reliability.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Besser et al. (US 6,587,037) in view of Nguyen (US 2017/0226806).
Regarding claim 18,
Besser discloses the above elements from claim 1.
Besser does not disclose:
wherein the generator portion and the motor portion have different quantities of poles configured to have different relative no-load rotational speeds between the generator portion and the motor portion.
However, Nguyen teaches:
wherein the generator portion and the motor portion have different quantities of poles configured to have different relative no-load rotational speeds between the generator portion and the motor portion (¶0055).
Regarding claim 25, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the downhole boring machine from Besser that utilizes a 3-phase motor and generator as a boring machine (col. 2:51-65) and have different poles for different stators and rotors in order to change the speed and generation characteristics to improve efficiency at a lower speed as taught by Nguyen (¶0055).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rajagopalan (US 2021/0277748) – downhole drill
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S LAUGHLIN whose telephone number is (571)270-7244. The examiner can normally be reached Monday - Friday.
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/C.S.L./Examiner, Art Unit 2837
/EDUARDO COLON SANTANA/Supervisory Patent Examiner, Art Unit 2837
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