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 “inlet” (claims 3, 12, 21, 30) and the feature of the “inlet communicates with an interior of a robot arm” (claims 4, 13, 22, 31) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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, 12, 13, 21, 22, 30, and 31 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. For claims 3, 4, 12, 13, 21, 22, 30, and 31, the claimed feature of the "inlet" and wherein the "inlet communicates with an interior of a robot arm" are not sufficiently illustrated by the drawings to convey the structure of the claimed features, therefore rendering the claims indefinite for failing to particularly point out and distinctly claim the subject matter.
Double Patenting
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/eterminal-disclaimer.
Claims 1, 5-10, and 14-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-8, 11, and 13-18 of U.S. Patent No. 11799346 (hereinafter Patent ‘346) in view of Kim (US Patent No.: 5866962).
For claim 1, claim 1 of Patent '346 discloses the claimed invention comprising: a casing (see claim 1 of Patent '346); a stator including a stator back (see claim 1 of Patent '346), and stator poles (see claim 1 of Patent '346); and a rotor mounted within the drum structure and interfaced with the stator (see claim 1 of Patent '346); wherein the casing includes a common datum that forms a stator interface surface configured to support the stator and position the stator and rotor relative to each other for effecting a predetermined gap between the stator and rotor (see claim 1 of Patent '346). Claim 1 of Patent '346 lacks the casing having a can structure, the stator back being connected to the casing, and the stator poles being mounted within the can structure.
Kim teaches a casing component having a can structure (i.e. casing 20 having a can structure, see figure 3), the stator back (i.e. back of stator 50, see figure 3) being connected to the casing (reference numeral 20, see figure 3), with the stator (reference numeral 50) being mounted within the can structure (i.e. stator 50 mounted within can structure of casing 20, see figure 3), which when applied to the stator poles disclosed in claim 1 of Patent '346 would disclose the stator poles being mounted within the can structure.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 1 of Patent '346 as taught by Kim to have a can structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 5, claim 3 of Patent '346 discloses a sensor track connected to the rotor and a sensor mounted to the casing in a predetermined position relative to the common datum so as to effect a predetermined gap between the sensor and sensor track (see claim 3 of Patent '346), where the stator, rotor, sensor and sensor track are positioned relative to and depend from the common datum (see claim 3 of Patent '346).
For claim 6, claim 4 of Patent '346 discloses the casing being: a monolithic member (see claim 4 of Patent '346) and into which slots are formed for one or more of sensors, control boards, and drive connectors (see claim 4 of Patent '346); or an integral assembly formed by two or more hoop members connected to each other (see claim 5 of Patent '346). Claims 4/1 and 5/1 of Patent '346 in view of Kim however do not specifically disclose the can structure being formed by the monolithic member or by the hoop members. Kim already teaches the casing component having a can structure (i.e. casing 20 having a can structure, see figure 3), which when applied to the casing of claims 4/1 and 5/1 of Patent '346 in view of Kim would disclose the monolithic member or the hoop members forming the can structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claims 4/1 and 5/1 of Patent '346 as taught by Kim to have a can structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 7, claim 6 of Patent '346 disclose the casing including an exterior surface (see claim 6 of Patent '346), and an interior surface (see claim 6 of Patent '346), the interior surface including the common datum that forms the stator interface surface configured to support the stator and position the stator and the rotor relative to each to effect the predetermined gap between the stator and rotor (see claim 6 of Patent '346). Claim 6/1 of Patent '346 in view of Kim however do not specifically disclose the exterior and interior surfaces forming the can structure. Kim already teaches the casing component having a can structure (i.e. casing 20 having a can structure, see figure 3), which when applied to the casing of claim 6/1 of Patent '346 in view of Kim would disclose the exterior and interior surfaces forming the can structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 6/1 of Patent '346 as taught by Kim to have a can structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 8, claim 7 of Patent '346 discloses the interior surface including a rotor interface surface positioned relative to the common datum so that the stator and rotor are positioned from and supported by the common datum (see claim 7 of Patent '346).
For claim 9, claim 8 of Patent '346 discloses a sensor interface surface configured to support a sensor relative to a sensor track connected to the rotor and effect a predetermined gap between the sensor and sensor track (see claim 8 of Patent '346), where the sensor interface surface is positioned relative to the common datum so that the stator, rotor and sensor are positioned from and supported by the common datum (see claim 8 of Patent '346). Claim 8/6/1 of Patent '346 in view of Kim however do not specifically disclose the can structure including the sensor interface surface. Kim already teaches the casing component having a can structure (i.e. casing 20 having a can structure, see figure 3), which when applied with the casing and sensor interface surface disclosed in claim 8/6/1 of Patent '346 in view of Kim would disclose the can structure including the sensor interface surface. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 8/6/1 of Patent '346 as taught by Kim to have a can structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 10, claim 11 of Patent '346 discloses the claimed invention comprising: a casing (see claim 11 of Patent '346); a stator including a stator back (see claim 11 of Patent '346), and stator poles (see claim 11 of Patent '346); and a rotor (see claim 11 of Patent '346) and interfaced with the stator (see claim 11 of Patent '346); wherein the casing includes a common datum that forms a stator interface surface configured to support the stator and position the stator and rotor relative to each other for effecting a predetermined gap between the stator and rotor (see claim 11 of Patent '346). Claim 11 of Patent '346 lacks the casing having a ring structure, the stator back being connected to the ring structure, the stator poles being mounted within the ring structure; and the rotor being mounted within the ring structure.
Kim teaches a casing component having a ring structure (i.e. casing 20 having a ring structure, see figures 3, 4), the stator back (i.e. back of stator 50, see figure 3) being connected to the ring structure (reference numeral 20, see figures 3, 4), with the stator (reference numeral 50) being mounted within the ring structure (i.e. stator 50 mounted within ring structure of casing 20, see figures 3, 4), which when applied to the stator poles disclosed in claim 11 of Patent '346 would disclose the stator poles being mounted within the ring structure; and the rotor (reference numeral 60) being mounted within the ring structure (i.e. rotor 60 being mounted within ring structure of casing 20, see figures 3, 4).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 11 of Patent '346 as taught by Kim to have a ring structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 14, claim 13 of Patent '346 disclose a sensor track connected to the rotor and a sensor mounted to the casing in a predetermined position relative to the common datum so as to effect a predetermined gap between the sensor and sensor track (see claim 13 of Patent '346), where the stator, rotor, sensor and sensor track are positioned relative to and depend from the common datum (see claim 13 of Patent '346).
For claim 15, claim 14 of Patent '346 disclose the casing being a monolithic member (see claim 14 of Patent '346) and into which slots are formed for one or more of sensors, control boards, and drive connectors (see claim 14 of Patent '346); or an integral assembly formed by two or more hoop members connected to each other (see claim 15 of Patent '346). Claims 14/11 and 15/11 of Patent '346 in view of Kim however do not specifically disclose the ring structure being formed by the monolithic member or by the hoop members. Kim already teaches the casing component having a ring structure (i.e. casing 20 having a ring structure, see figures 3, 4), which when applied to the casing of claims 14/11 and 15/11 of Patent '346 in view of Kim would disclose the monolithic member or the hoop members forming the ring structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claims 14/11 and 15/11 of Patent '346 as taught by Kim to have a ring structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 16, claim 16 of Patent '346 discloses the casing including an exterior surface (see claim 16 of Patent '346), and an interior surface (see claim 16 of Patent '346), the interior surface including the common datum that forms the stator interface surface configured to support the stator and position the stator and the rotor relative to each to effect the predetermined gap between the stator and rotor (see claim 16 of Patent '346). Claim 16/11 of Patent '346 in view of Kim however do not specifically disclose the exterior and interior surfaces forming the ring structure. Kim already teaches the casing component having a ring structure (i.e. casing 20 having a ring structure, see figures 3, 4), which when applied to the casing of claim 16/11 of Patent '346 in view of Kim would disclose the exterior and interior surfaces forming the ring structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 16/11 of Patent '346 as taught by Kim to have a ring structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 17, claim 17 of Patent '346 discloses the interior surface including a rotor interface surface positioned relative to the common datum so that the stator and rotor are positioned from and supported by the common datum (see claim 17 of Patent '346).
For claim 18, claim 18 of Patent '346 discloses a sensor interface surface configured to support a sensor relative to a sensor track connected to the rotor and effect a predetermined gap between the sensor and sensor track (see claim 18 of Patent '346), where the sensor interface surface is positioned relative to the common datum so that the stator, rotor and sensor are positioned from and supported by the common datum (see claim 18 of Patent '346). Claim 18/16/11 of Patent '346 in view of Kim however do not specifically disclose the ring structure including the sensor interface surface. Kim already teaches the casing component having a ring structure (i.e. casing 20 having a ring structure, see figures 3, 4), which when applied with the casing and sensor interface surface disclosed in claim 18/16/11 of Patent '346 in view of Kim would disclose the ring structure including the sensor interface surface. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 18/16/11 of Patent '346 as taught by Kim to have a ring structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
Claims 2 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 12 of Patent '346 in view of Kim and further in view of Hofmeister et al. (US Patent Application Pub. No.: US 2007/0183871 A1).
For claim 2, claim 2 of Patent '346 discloses an isolation wall such that the isolation wall is located in a predetermined position relative to the common datum and the rotor (see claim 2 of Patent '346), but claim 2/1 of Patent '346 in view of Kim do not specifically disclose the isolation wall being dependent from the can structure. Hofmeister et al. disclose an isolation wall (reference numeral 520) dependent from the casing component (reference numeral 530, see figure 18), and when combined with the casing having the can structure as disclosed in claim 2/1 of Patent '346 in view of Kim this would disclose the isolation wall being dependent from the can structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 2/1 of Patent '346 in view of Kim with the isolation wall being dependent from the casing as disclosed by Hofmeister et al. for predictably providing desirable configuration for facilitating proper sealing of components.
For claim 11, claim 12 of Patent '346 discloses an isolation wall such that the isolation wall is located in a predetermined position relative to the common datum and the rotor (see claim 12 of Patent '346), but claim 12/11 of Patent '346 in view of Kim do not specifically disclose the isolation wall being dependent from the ring structure. Hofmeister et al. disclose an isolation wall (reference numeral 520) dependent from the casing component (reference numeral 530, see figure 18), and when combined with the casing having the ring structure as disclosed in claim 12/11 of Patent '346 in view of Kim this would disclose the isolation wall being dependent from the ring structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 12/11 of Patent '346 in view of Kim with the isolation wall being dependent from the casing as disclosed by Hofmeister et al. for predictably providing desirable configuration for facilitating proper sealing of components.
Claims 19, 23-28, and 32-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-8, 11, and 13-18 of U.S. Patent No. 11799346 (hereinafter Patent ‘346) in view of Kim (US Patent No.: 5866962) and Iannello et al. (US Patent No.: 5736800).
For claim 19, claim 1 of Patent '346 discloses the claimed invention comprising: a casing (see claim 1 of Patent '346), a stator including a stator back (see claim 1 of Patent '346) and stator poles (see claim 1 of Patent '346), and a rotor mounted within the drum structure and interfaced with the stator (see claim 1 of Patent '346); and supporting the stator with a stator interface surface formed by a common datum of the casing (see claim 1 of Patent '346), where the stator interface surface supports the stator and positions the stator and rotor relative to each other for effecting a predetermined gap between the stator and rotor (see claim 1 of Patent '346). Claim 1 of Patent '346 lacks providing an axial flux electrical machine assembly, the casing having a can structure, the stator back being connected to the casing, and the stator poles being mounted within the can structure.
Kim discloses a casing with a can structure (i.e. casing 20 having a can structure, see figure 3) with a stator mounted within the can structure (i.e. stator 50 mounted in can structure of casing 20, see figure 3), which when applied to the stator poles of claim 1 of Patent '346 would disclose the stator back being connected to the casing, and the stator poles being mounted within the can structure. Iannello et al. disclose an axial flux electrical machine assembly (axial flux shown by reference character E in figure 6) which when combined with claim 1 of Patent '346 and Kim would disclose an axial flux electrical machine assembly in which the invention is comprised.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 1 of Patent '346 as taught by Kim to have a can structure and by Iannello et al. to have an axial flux electrical machine assembly for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 23, claim 3 of Patent '346 discloses providing a sensor track connected to the rotor (see claim 3 of Patent '346); and providing a sensor mounted to the casing in a predetermined position relative to the common datum so as to effect a predetermined gap between the sensor and sensor track (see claim 3 of Patent '346), where the stator, rotor, sensor and sensor track are positioned relative to and depend from the common datum (see claim 3 of Patent '346).
For claim 24, claim 4 of Patent '346 discloses the casing being: a monolithic member (see claim 4 of Patent '346) and into which slots are formed for one or more of sensors, control boards, and drive connectors (see claim 4 of Patent '346); or an integral assembly formed by two or more hoop members connected to each other (see claim 5 of Patent '346). Claims 4/1 and 5/1 of Patent '346 in view of Kim and Iannello et al. however do not specifically disclose the can structure being formed by the monolithic member or by the hoop members. Kim already teaches the casing component having a can structure (i.e. casing 20 having a can structure, see figure 3), which when applied to the casing of claims 4/1 and 5/1 of Patent '346 in view of Kim and Iannello et al. would disclose the monolithic member or the hoop members forming the can structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claims 4/1 and 5/1 of Patent '346 in view of Kim and Iannello et al. to have a can structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 25, claim 6 of Patent '346 discloses the casing including an exterior surface (see claim 6 of Patent '346), and an interior surface (see claim 6 of Patent '346), the interior surface including the common datum that forms the stator interface surface configured to support the stator and position the stator and the rotor relative to each to effect the predetermined gap between the stator and rotor (see claim 6 of Patent '346). Claim 6/1 of Patent '346 in view of Kim and Iannello et al. however do not specifically disclose the exterior and interior surfaces forming the can structure. Kim already teaches the casing component having a can structure (i.e. casing 20 having a can structure, see figure 3), which when applied to the casing of claim 6/1 of Patent '346 in view of Kim and Iannello et al. would disclose the exterior and interior surfaces forming the can structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 6/1 of Patent '346 in view of Kim and Iannello et al. to have a can structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 26, claim 7 of Patent '346 discloses the interior surface including a rotor interface surface positioned relative to the common datum so that the stator and rotor are positioned from and supported by the common datum (see claim 7 of Patent '346).
For claim 27, claim 8 of Patent '346 discloses including a sensor interface surface that supports a sensor relative to a sensor track connected to the rotor and effects a predetermined gap between the sensor and sensor track (see claim 8 of Patent '346), where the sensor interface surface is positioned relative to the common datum so that the stator, rotor and sensor are positioned from and supported by the common datum (see claim 8 of Patent '346). Claim 8/6/1 of Patent '346 in view of Kim and Iannello et al. however do not specifically disclose the can structure including the sensor interface surface. Kim already teaches the casing component having a can structure (i.e. casing 20 having a can structure, see figure 3), which when applied with the casing and sensor interface surface disclosed in claim 8/6/1 of Patent '346 in view of Kim and Iannello et al. would disclose the can structure including the sensor interface surface. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 8/6/1 of Patent '346 in view of Kim and Iannello et al. to have a can structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 28, claim 11 of Patent '346 discloses the claimed invention comprising: a casing (see claim 11 of Patent '346), a stator including a stator back (see claim 11 of Patent '346), and stator poles (see claim 11 of Patent '346), and a rotor interfaced with the stator (see claim 11 of Patent '346); and supporting the stator with a stator interface surface formed by a common datum of the casing (see claim 11 of Patent '346), where the stator interface surface positions the stator and rotor relative to each other for effecting a predetermined gap between the stator and rotor (see claim 11 of Patent '346). Claim 11 of Patent '346 lacks providing an axial flux electrical machine, the casing having a ring structure, the stator back being connected to the ring structure, and the stator poles being mounted within the ring structure, and the rotor being mounted within the ring structure.
Kim discloses the casing with a ring structure (i.e. casing 20 having a ring structure, see figures 3, 4) with a stator connected to the ring structure (i.e. stator 50 mounted in ring structure of casing 20, see figure 3), which when applied to the stator poles of claim 11 of Patent '346 would disclose the stator back being connected to the ring structure, and the stator poles being mounted within the ring structure; and Kim also disclose the rotor mounted within the ring structure (i.e. rotor 60 mounted within ring structure of casing 20, see figures 3, 4). Iannello et al. disclose an axial flux electrical machine (axial flux shown by reference character E in figure 6) which when combined with claim 11 of Patent '346 and Kim would disclose an axial flux electrical machine in which the invention is comprised.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 11 of Patent '346 as taught by Kim to have a ring structure and by Iannello et al. to have an axial flux electrical machine for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 32, claim 13 of Patent '346 discloses providing a sensor track connected to the rotor (see claim 13 of Patent '346); and providing a sensor mounted to the casing in a predetermined position relative to the common datum so as to effect a predetermined gap between the sensor and sensor track (see claim 13 of Patent '346), where the stator, rotor, sensor and sensor track are positioned relative to and depend from the common datum (see claim 13 of Patent '346).
For claim 33, claim 14 of Patent '346 discloses the casing being: a monolithic member (see claim 14 of Patent '346) and into which slots are formed for one or more of sensors, control boards, and drive connectors (see claim 14 of Patent '346); or an integral assembly formed by two or more hoop members connected to each other (see claim 15 of Patent '346). Claims 14/11 and 15/11 of Patent '346 in view of Kim and Iannello et al. however do not specifically disclose the ring structure being formed by the monolithic member or by the hoop members. Kim already teaches the casing component having a ring structure (i.e. casing 20 having a ring structure, see figures 3, 4), which when applied to the casing of claims 14/11 and 15/11 of Patent '346 in view of Kim and Iannello et al. would disclose the monolithic member or the hoop members forming the ring structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claims 14/11 and 15/11 of Patent '346 as taught by Kim and Iannello et al. to have a ring structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 34, claim 16 of Patent '346 discloses the casing including an exterior surface (see claim 16 of Patent '346), and an interior surface (see claim 16 of Patent '346), the interior surface including the common datum that forms the stator interface surface configured to support the stator and position the stator and the rotor relative to each to effect the predetermined gap between the stator and rotor (see claim 16 of Patent '346). Claim 16/11 of Patent '346 in view of Kim and Iannello et al. however do not specifically disclose the exterior and interior surfaces forming the ring structure. Kim already teaches the casing component having a ring structure (i.e. casing 20 having a ring structure, see figures 3, 4), which when applied to the casing of claim 16/11 of Patent '346 in view of Kim and Iannello et al. would disclose the exterior and interior surfaces forming the ring structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 16/11 of Patent '346 in view of Kim and Iannello et al. to have a ring structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
For claim 35, claim 17 of Patent '346 discloses the interior surface including a rotor interface surface positioned relative to the common datum so that the stator and rotor are positioned from and supported by the common datum (see claim 17 of Patent '346).
For claim 36, claim 18 of Patent '346 discloses a sensor interface surface that supports a sensor relative to a sensor track connected to the rotor and effects a predetermined gap between the sensor and sensor track (see claim 18 of Patent '346), where the sensor interface surface is positioned relative to the common datum so that the stator, rotor and sensor are positioned from and supported by the common datum (see claim 18 of Patent '346). Claim 18/16/11 of Patent '346 in view of Kim and Iannello et al. however do not specifically disclose the ring structure including the sensor interface surface. Kim already teaches the casing component having a ring structure (i.e. casing 20 having a ring structure, see figures 3, 4), which when applied with the casing and sensor interface surface disclosed in claim 18/16/11 of Patent '346 in view of Kim and Iannello et al. would disclose the ring structure including the sensor interface surface. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 18/16/11 of Patent '346 in view of Kim and Iannello et al. to have a ring structure for predictably providing desirable configuration for facilitating further support for the stator assembly.
Claims 20 and 29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 12 of Patent '346 in view of Kim and Iannello et al. and further in view of Hofmeister et al. (US Patent Application Pub. No.: US 2007/0183871 A1).
For claim 20, claim 2 of Patent '346 discloses providing an isolation wall such that the isolation wall is located in a predetermined position relative to the common datum and the rotor (see claim 2 of Patent '346), but claim 2/1 of Patent '346 in view of Kim and Iannello et al. do not specifically disclose the isolation wall being dependent from the can structure. Hofmeister et al. disclose an isolation wall (reference numeral 520) dependent from the casing component (reference numeral 530, see figure 18), and when combined with the casing having the can structure as disclosed in claim 2/1 of Patent '346 in view of Kim and Iannello et al. this would disclose the isolation wall being dependent from the can structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 2/1 of Patent '346 in view of Kim and Iannello et al. with the isolation wall being dependent from the casing as disclosed by Hofmeister et al. for predictably providing desirable configuration for facilitating proper sealing of components.
For claim 29, claim 12 of Patent '346 discloses providing an isolation wall such that the isolation wall is located in a predetermined position relative to the common datum and the rotor (see claim 12 of Patent '346), but claim 12/11 of Patent '346 in view of Kim and Iannello et al. do not specifically disclose the isolation wall being dependent from the ring structure. Hofmeister et al. disclose an isolation wall (reference numeral 520) dependent from the casing component (reference numeral 530, see figure 18), and when combined with the casing having the ring structure as disclosed in claim 12/11 of Patent '346 in view of Kim and Iannello et al. this would disclose the isolation wall being dependent from the ring structure. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify claim 12/11 of Patent '346 in view of Kim and Iannello et al. with the isolation wall being dependent from the casing as disclosed by Hofmeister et al. for predictably providing desirable configuration for facilitating proper sealing of components.
Conclusion
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/ALEX W MOK/Primary Examiner, Art Unit 2834