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 Objections
Claim 33 and 34 are objected to because of the following informalities:
Claim 33 should be changed to “wherein the at least one PCBA is [[a]] the control PCBA, the thermal pad is provided between the control PCBA and the first
Claim 34 should be changed to “the power PCBA and the control PCBA are connected to each other via [[a]] the multi-pin connector at a 90° angle” since multi-pin connector is recited in claim 9.
Appropriate correction is required.
Election/Restrictions
Newly submitted claim 30 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Claim 30 and claims 1 and 16 are related as combination and subcombination, the combination as claimed (claim 30) does not require the particulars of the subcombination (claims 1, 16) as claimed because claim 30 does not require the first and second encapsulation portions with the first encapsulation, the second encapsulation and the motor are thermally separated from each other by at least one thermal isolation layer; and the combination (claim 30) has separate utility such as motor housing with no extra cooling structures.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 30 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 1, 3-29 and 31-36 are 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 1 “the first encapsulation portion, the second encapsulation portion and the motor are thermally separated from each other by at least one thermal isolating layer.” is unclear.
The specification discloses the first encapsulation portion 2 is thermally separated from the second encapsulation portion 3 by thermal isolating layer 5; the second encapsulation portion 3 is thermally separated from the motor 4 by thermal isolation layer 6; and the motor 4 is coupled to the first encapsulation portion 2 through the second encapsulation portion 3 (9/5/23 sub. Spec., [0054], [0065] & [0069]).
If only one of thermal isolation layers 5 or 6 is employed, then either: the second encapsulation portion 3 will not be thermally isolated from the motor 4 (only 5 is used); or the second encapsulation portion 3 will not be thermally isolated from the first encapsulation portion 2 (only 6 is used). Applicant does not disclose how a single thermal isolation layer would be formed to thermally isolate each of 4, 5 and 6 from each other.
It is unclear how a single thermal isolation layer is capable of thermally isolating the motor 4 from the second encapsulation portion 3 and the first encapsulation portion 2 from the second encapsulation portion 3. In order to further prosecution examiner will interpret the limitation as one of the first encapsulation portion, the second encapsulation portion or the motor is thermally separated from the remainder of the first encapsulation portion, the second encapsulation portion or the motor. Claims 3-15, 28-29 and 31-36 are rejected since they depend on claim 1.
In claim 9 “the power PCBA is provided in the second encapsulation portion and/or that a control PCBA is provided in the first encapsulation portion, wherein a thermal pad is provided between at least one PCBA and the first and/or second encapsulation portion, and wherein the power PCBA and at least one PCBA are connected to each other via a multi-pin connector” is unclear.
The specification only discloses one power PCBA 11 and one control PCBA 12 (figs 4-5). Claim 9 starts by reciting the power PCBA and a control PCBA where one of the two PCBA, or “at least one PCBA” has a thermal pad provided between one of the PCBAs and/or one of the encapsulation portions.
It is unclear what “at least one PCBA” is referring to since there is only two PCBA previously recited in the claim, one of them being the power PCBA. Specifically it appears the original claim 9 used at least one PCBA to refer to the power PCBA, the control PCBA or both the power and control PCBA, not to plural control PCBAs. In order to further prosecution examiner will interpret the power PCBA and at least one PCBA are connected to each other via a multi-pin connector as the power PCBA and the control PCBA. Claims 33 and 34 are rejected since they depend on claim 9.
In claim 16 “the first encapsulation portion, the second encapsulation portion and the motor are thermally separated from each other by at least one thermal isolating layer.” is unclear.
The specification discloses the first encapsulation portion 2 is thermally separated from the second encapsulation portion 3 by thermal isolating layer 5; the second encapsulation portion 3 is thermally separated from the motor 4 by thermal isolation layer 6; and the motor 4 is coupled to the first encapsulation portion 2 through the second encapsulation portion 3 (9/5/23 sub. Spec., [0054], [0065] & [0069]).
If only one of thermal isolation layers 5 or 6 is employed, then either: the second encapsulation portion 3 will not be thermally isolated from the motor 4 (only 5 is used); or the second encapsulation portion 3 will not be thermally isolated from the first encapsulation portion 2 (only 6 is used). Applicant does not disclose how a single thermal isolation layer would be formed to thermally isolate each of 4, 5 and 6 from each other.
It is unclear how a single thermal isolation layer is capable of thermally isolating the motor 4 from the second encapsulation portion 3 and the first encapsulation portion 2 from the second encapsulation portion 3. In order to further prosecution examiner will interpret the limitation as one of the first encapsulation portion, the second encapsulation portion or the motor is thermally separated from the remainder of the first encapsulation portion, the second encapsulation portion or the motor. Claims 17-27 are rejected since they depend on claim 16.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3, 5-8, 10-13, 16-20, 22-25, 27-28, 31-32 and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frasch et al. (DE102005037488, “Frasch”, using machine translation).
Re claim 1, Frasch discloses an electric motor arrangement comprising an electric motor ([0025] & [0029]), an encapsulation containing a motor drive (figs 1-4, [0031-0032], [0042], [0044] & [0047], encapsulation includes 1, 3 & 6-8; drive includes 4, 41 & 11), for driving the motor with a low impedance electrical conducting path comprising a stacked power module 11 (figs 3-4, [0041] & [0043], 11 stacked on 4), a power PCBA 4 (figs 3-4, [0043]) and a power connector 30 (figs 3 & 4, [0012], [0023] & [0047], since electrical conductors of drive/connector have low impedance),
wherein a first and second encapsulation portion contain components of the motor drive (figs 1 & 3-4, [0036], [0038] & [0040], 1st encapsulation port formed by 1, 3 & 6 around zones 1 & 3; 2nd encapsulation formed by 7-8 around zone 5), and the first encapsulation portion, the second encapsulation portion and the motor are thermally separated from each other by at least one thermal isolating layer 5 (as best understood by examiner one of the first encapsulation portion, the second encapsulation portion or the motor is thermally separated from the remainder of the first encapsulation portion, the second encapsulation portion or the motor; figs 3-4, [0044]).
Re claim 16, Frasch discloses an electric motor arrangement comprising an electric motor ([0025] & [0029]) and first and second encapsulation portions containing a motor drive for driving the motor (figs 1 & 3-4, [0036], [0038] & [0040], 1st encapsulation port formed by 1, 3 & 6 around zones 1 & 3; 2nd encapsulation formed by 7-8 around zone 5), wherein the first encapsulation portion, the second encapsulation portion and the motor are thermally separated from each other by at least one thermal isolating layer 5 (as best understood by examiner one of the first encapsulation portion, the second encapsulation portion or the motor is thermally separated from the remainder of the first encapsulation portion, the second encapsulation portion or the motor; figs 3-4, [0044]).
Re claim 3, Frasch discloses claim 1 as discussed above and further discloses a motor cable is electrically connected to the power PCBA 4 via a PCB cable connector (fig 2, [0023], says cables connect to 4 from 7 & fig 2 shows a connector) and/or that the stacked power module 11 comprises an inverter for driving the motor ([0043]).
Re claims 5 and 17, Frasch discloses claims 1 and 16, respectively, as discussed above and further discloses the first encapsulation portion is connected to the motor via the second encapsulation portion ([0017], [0047] & [0051], 1,3 & 6 connected to motor through 7).
Re claims 6 and 18, Frasch discloses claims 1 and 16, respectively, as discussed above and further discloses the second encapsulation portion is connected to an axial end of the motor (figs 4, 7 & 8 are connected to the motor which includes the axial end).
Re claims 7 and 19, Frasch discloses claims 1 and 16, respectively, as discussed above and further discloses the first encapsulation portion is spaced apart from the motor at least partially in a radial direction of the motor (figs 1 & 4).
Re claims 8 and 20, Frasch discloses claims 1 and 16, respectively, as discussed above and further discloses a gap is provided between the first encapsulation portion and the motor (figs 1 & below, gap formed by 5).
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Re claims 10 and 22, Frasch discloses claims 1 and 16, respectively, as discussed above and further discloses the first and second encapsulation portions fully enclose their respective interiors (figs 1 & 3-4).
Re claims 11 and 23, Frasch discloses claims 1 and 16, respectively, as discussed above and further discloses the first encapsulation portion, the second encapsulation portion and/or a motor casing of the motor are made of a metal material and/or have plane exterior faces (figs 4 & below, [0046-0047], 1, 3, 6 & 7 have plane exterior faces).
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Re claims 12 and 24, Frasch discloses claims 1 and 16, respectively, as discussed above and further discloses the first and/or second thermal isolating layer 5, 2 comprise a plastic material and/or a gasket sealing (fig 4, [0042] & [0044]).
Re claims 13 and 25, Frasch discloses claims 1 and 16, respectively, as discussed above and further discloses a non-circulating air pocket the only thermal conductor provided between the motor drive and the first and/or second encapsulation portions ([0041-0042] & [0047-0048]).
Re claim 28, Frasch discloses claim 1 as discussed above and further discloses the motor drive complies with WEEE 2012/19/EU, EN 50419, ESG and/or IEC 60529-IP65 standards (since Frasch discloses the claimed structured, the motor drive would be capable of complying with the above standards).
Re claim 29, Frasch discloses claim 1 as discussed above and further discloses the motor, the first encapsulation portion, the control PCBA, the second encapsulation portion, and/or the power PCBA are removable from the electric motor drive arrangement (fig 4, since they are all put together to form the parts they can be removed).
Re claim 31, Frasch discloses claim 1 as discussed above and further discloses the electric motor is a servo integrated motor (Frasch discloses all the claimed electric motor structure so would be capable of being employed as a servo integrated motor).
Re claim 32, Frasch discloses claim 1 as discussed above and further discloses the motor drive is a servo drive (Frasch discloses all the claimed structure of the motor drive so would be capable of being employed as a servo drive).
Re claim 36, Frasch discloses claim 1 as discussed above and further discloses the motor drive is a servo-drive that complies with WEEE 2012/19/EU, EN 50419, ESG and/or IEC 60529 - IP65 standards (Frasch discloses all the claimed structure of the motor drive so would be capable of being employed as a servo drive that complies with WEEE 2012/19/EU, EN 50419, ESG and/or IEC 60529 - IP65 standards).
Claims 1, 9, 16, 21 and 34-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haugaard et al. (US20230299646, “Haugaard”).
Re claim 1, Haugaard discloses an electric motor arrangement comprising an electric motor 5 (figs 1-4, [0052]), an encapsulation containing a motor drive (figs 1-5, [0054-0056], encapsulation includes 45 & 47; drive includes 1st pcb & 51) for driving the motor with a low impedance electrical conducting path comprising a stacked power module (figs 2-3, [0054], includes 1st pcb with 27 stacked on the 1st pcb), a power PCBA 51 (figs 4-5, [0055]) and a power connector 49 (figs 3-4, [0054] & [0056], since electrical conductors of drive/connector have low impedance),
wherein a first and second encapsulation portion 45, 47 contain components of the drive (figs 4-5, [0054] & [0056]), and the first encapsulation portion 45, the second encapsulation portion 47 and the motor 5 are thermally separated from each other by at least one thermal isolating layer 46 ( as best understood by examiner one of the first encapsulation portion, the second encapsulation portion or the motor is thermally separated from the remainder of the first encapsulation portion, the second encapsulation portion or the motor; figs 1-4, [0054]).
Re claim 16, Haugaard discloses an electric motor arrangement comprising an electric motor 5 (figs 1-4, [0052]) and first and second encapsulation portions 45, 47 containing a motor drive for driving the motor (figs 4-5, [0054-0056]), wherein the first encapsulation portion 45, the second encapsulation portion 47 and the motor 5 are thermally separated from each other by at least one thermal isolating layer 46 (as best understood by examiner one of the first encapsulation portion, the second encapsulation portion or the motor is thermally separated from the remainder of the first encapsulation portion, the second encapsulation portion or the motor; figs 1-4, [0054]).
Re claims 9 and 21, Haugaard discloses claims 2 and 16, respectively, as discussed above and further discloses the power PCBA 51 is provided in the second encapsulation portion 47 (figs 4-5, [0056]) and/or that a control PCBA is provided in the first encapsulation portion 45 (figs 2-4, [0054], 1st pcb), wherein a thermal pad 27 is provided between at least one PCBA (figs 2-4, [0054]), and the first and/or second encapsulation portion 45 (figs 1-4), and wherein the power PCBA 51 and at least one PCBA are connected to each other via a multi-pin connector 54 (as best understood by examiner the power PCBA and the control PCBA; figs 3-5, [0056]).
Re claim 33, Haugaard discloses claim 9 as discussed above and further discloses the at least one PCBA is a control PCBA (figs 2-4, [0054]) thermal pad 27 is provided between at least one control PCBA and the first and/or second encapsulation portion 45 (figs 1-4, 1st encapsulation port.).
Re claim 34, Haugaard discloses claim 33 as discussed above and further discloses the power PCBA 51 and the control PCBA are connected to each other via a multi-pin connector at a 90° angle (figs 3-5, [0056], 54 at 90 degrees since 1st pcb perpendicular to 51).
Re claim 35, Haugaard discloses claim 1 as discussed above and further discloses the non-circulating air pocket is the only thermal conductor provided between the power PCBA 51 and the second encapsulation portion 47 (figs 2 & 4-5, [0055], 51 enclosed by 47 & has cooling path on outside of 47).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Frasch in view of Wiest (WO2011000456, “Wiest”, using machine translation).
Re claim 4, Frasch disclose claim 1 as discussed above but is silent with respect to the power connector comprises a female connector and a male connector.
Wiest discloses the power connector 1 comprises a female connector and a male connector (figs 1-4, [0013] & [0051-0055]).
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 power connector of Frasch to comprise a female connector and a male connector, as disclosed by Wiest, in order to serially connect other motor while having electronics in the first motor, as taught by Wiest ([0051] & [0055]).
Claims 14 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Frasch in view of Hofmann et al. (US20060006094, “Hofmann”).
Re claims 14 and 26, Frasch discloses claims 1 and 16, respectively, as discussed above but is silent with respect to the first and/or second encapsulation portion comprises a breather membrane between the inside and the outside of the first and/or second encapsulation portion.
Hofmann discloses the first and/or second encapsulation portion 6a comprises a breather membrane 16 between the inside and the outside of the first and/or second encapsulation portion 6a (figs 1, 6 & 9, [0041]).
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 first and/or second encapsulation of Frasch to comprise a breather membrane between the inside and the outside of the first and/or second encapsulation portion, as disclosed by Hofmann, in order to compensate for pressure without letting liquid in, as taught by Hofmann ([0041]).
Claims 15 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Frasch in view of Kalt et al. (DE10036234, “Kalt”, using machine translation).
Re claims 15 and 27, Frasch discloses claims 1 and 16, respectively, as discussed above but is silent with respect to the motor, the first and/or the second encapsulation portion are screwed to each other with screws or fasteners and/or that the thermal isolating layer is secured with screws within the first and/or second encapsulation portion.
Kalt discloses the motor, the first and/or the second encapsulation portion 3, 4 are screwed to each other with screws or fasteners (figs 1-2, [0012-0014]) and/or that the thermal isolating layer 14 is secured with screws 15 within the first and/or second encapsulation portion 3, 4 (figs 1-2, [0012]).
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 motor, the first and/or the second encapsulation portion of Frasch to be screwed to each other with screws or fasteners and/or that the thermal isolating layer is secured with screws within the first and/or second encapsulation portion, in order to fix the parts together in a known manner in the art, as demonstrated by Kalt.
Response to Arguments
Applicant's arguments filed 1/22/26 have been fully considered but they are not persuasive.
Applicant argues that Frasch does not disclose a thermal isolation layer between the motor and the encapsulation portions (pg 10, 2nd to 3rd full paragraphs). Although applicant is correct, as discussed above in the 35 USC 112(b) rejection to claims 1 and 16, applicant does not disclose employing one thermal isolation layer that isolates the motor from the second encapsulation portion, the second encapsulation portion from the first encapsulation portion and the motor from the first encapsulation portion, making claims 1 and 16 unclear. As discussed further in the 35 USC 112(b) rejection above examiner’s interpretation of claims 1 and 16 are still disclosed by Frasch.
Examiner responds in a similar manner with respect to applicant’s arguments to Haugaard (pg 11).
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.
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, 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