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 .
Election/Restrictions
Applicant's election with traverse of “Group I claims (claims 1-8 and 14-16)” in the reply filed on 16 January 2026 is acknowledged. The traversal is on the ground(s) that “the alleged subcombinations are not distinct because the three-phase winding topology of Group II (claims 9-13) is inherently required for the switchable BEMF detection functionality claimed in Group I (claims 1-8 and 14-16) to operate as described in the specification. This argument was made in the context of challenging whether the subcombinations have separate utility and whether restriction is proper, not as an admission regarding obviousness or patentable distinctness in the prior art context.”
This argument, however, is not found to be persuasive because the search for the invention of group I is not coextensive with the search for the invention of group II as evidenced by their different classifications, detailed in paragraph 1 of the Office action filed 23 June 2005. Therefore, searching for the inventions of all groups could not be done without serious burden. It is also noted that “Applicant maintains that the claims of Groups I and II are patentably distinct from each other.”
The requirement is still deemed proper and is therefore made FINAL. Accordingly, claims 9-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to one or more non-elected inventions/species, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 18 January 2024 is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings were received on 02 November 2023. These drawings are accepted.
Specification
The disclosure is objected to because of the following informalities:
a. In lines 3 and 4 of claim 5, each abbreviation “BMF” should be changed to --BEMF-- in order to be consistent with the remainder of the disclosure.
c. In lines 3 and 4 of claim 6, each abbreviation “BMF” should be changed to --BEMF-- in order to be consistent with the remainder of the disclosure.
Appropriate correction is required.
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 1-8 and 14-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-14 of U.S. Patent No. 11,823,710. Although the claims at issue are not identical, they are not patentably distinct from each other because pending claims 1-8 and 14-16 are anticipated by or obvious over patented claims 6-14 of U.S. Patent No. 11,823,710 as follows:
With respect to pending claim 1, U.S. Patent No. 11,823,710 claims a data storage device comprising: a first spindle motor configured to rotate one or more disks in a first stack of disks [lines 1-3 of patented claim 6, for instance]; a second spindle motor configured to rotate one or more disks in a second stack of disks [lines 4-5 of patented claim 6, for instance]; one or more processing devices comprising a motor controller comprising a back electromotive force (BEMF) comparator detection circuitry configured to detect BEMF voltages generated by the first spindle motor and by the second spindle motor [lines 6-11 of patented claim 6, for instance]; the BEMF comparator detection circuitry is configured to be switchably coupled to a center tap voltage of the first spindle motor or to a center tap voltage of the second spindle motor [lines 2-10 of patented claim 7, for instance]; and wherein the motor controller is configured to control speeds of the first spindle motor and the second spindle motor based on the detected BEMF voltages [lines 12-14 of patented claim 6, for instance].
With respect to pending claim 2, U.S. Patent No. 11,823,710 claims wherein the motor controller further comprises a sine wave lookup table comprising sine wave current profiles for driving the first spindle motor and the second spindle motor [lines 14-18 of patented claim 9, for instance].
With respect to pending claim 3, U.S. Patent No. 11,823,710 claims wherein the sine wave lookup table comprises a first index configured to index the sine wave current profile for driving the first spindle motor to the sine wave lookup table [lines 22-25 of patented claim 9, for instance], and a second index configured to index the sine wave current profile for driving the second spindle motor to the sine wave lookup table [lines 25-27 of patented claim 9, for instance].
With respect to pending claim 4, U.S. Patent No. 11,823,710 claims wherein the BEMF comparator detection circuitry is configured to be switchably coupled (1) to a first BEMF output that is configured to output a phase A BEMF voltage of the first spindle motor to the motor controller or (2) to a second BEMF output that is configured to output a phase A BEMF voltage of the second spindle motor to the motor controller [lines 4-10 of patented claim 8, for instance].
With respect to pending claim 5, U.S. Patent No. 11,823,710 claims wherein the BEMF comparator detection circuitry is further configured to be switchably coupled (1) to the first BEMF output to output a phase B BMF voltage of the first spindle motor to the motor controller, or (2) to the second BEMF output to output a phase B BMF voltage of the second spindle motor to the motor controller [lines 11-16 of patented claim 8, for instance].
With respect to pending claim 6, U.S. Patent No. 11,823,710 claims wherein the BEMF detection circuitry is further configured to be switchably coupled (1) to the first BEMF output to output a phase C BMF voltage of the first spindle motor to the motor controller, or (2) to the second BEMF output to output a phase C BMF voltage of the second spindle motor to the motor controller [lines 17-22 of patented claim 8, for instance].
With respect to pending claim 7, U.S. Patent No. 11,823,710 claims a data storage device comprising: a first spindle motor configured to rotate one or more disks in a first stack of disks [lines 1-3 of patented claim 9, for instance]; a second spindle motor configured to rotate one or more disks in a second stack of disks [lines 4-5 of patented claim 9, for instance]; and one or more processing devices comprising a motor controller comprising a back electromotive force (BEMF) comparator detection circuitry configured to detect BEMF voltages generated by the first spindle motor and by the second spindle motor [lines 6-11 of patented claim 9, for instance]; wherein the motor controller is configured to: control speeds of the first spindle motor and the second spindle motor based on the detected BEMF voltages [lines 12-14 of patented claim 9, for instance], and drive, based on sine wave current profiles, the first spindle motor and the second spindle motor [lines 16-18 of patented claim 9, for instance].
With respect to pending claim 8, U.S. Patent No. 11,823,710 claims wherein the motor controller further comprises a sine wave lookup table comprising the sine wave current profiles [lines 15-18 of patented claim 9, for instance], and wherein the BEMF comparator detection circuitry and the sine wave look up table are configured on one power large scale integrated circuit (PLSI) [lines 1-4 of patented claim 10, for instance].
With respect to pending claim 14, U.S. Patent No. 11,823,710 claims a method comprising: rotating, by a first spindle motor, one or more disks in a first stack of disks [lines 1-3 of patented claim 11, or lines 1-3 of patented claim 14, for instance]; rotating, by a second spindle motor, one or more disks in a second stack of disks [lines 4-5 of patented claim 11, or lines 4-5 of patented claim 14, for instance]; detecting, by one or more processing devices comprising a motor controller having back electromotive force (BEMF) comparator detection circuitry, BEMF voltages generated by the first spindle motor and by the second spindle motor [lines 6-10 of patented claim 11, or lines 6-10 of patented claim 14, for instance]; controlling, by the one or more processing devices, speeds of the first spindle motor and the second spindle motor based on the detected BEMF voltages [lines 11-13 of patented claim 11, or [lines 11-13 of patented claim 14, for instance]; switchably coupling the BEMF comparator detection circuitry to a phase A BEMF voltage of the first spindle motor or to a phase A BEMF voltage of the second spindle motor [lines 14-17 of patented claim 14, for instance]; switchably coupling the BEMF comparator detection circuitry to a phase B BEMF voltage of the first spindle motor or to a phase B BEMF voltage of the second spindle motor [lines 18-21 of patented claim 14, for instance]; and switchably coupling the BEMF comparator detection circuitry to a phase C BEMF voltage of the first spindle motor or to a phase C BEMF voltage of the second spindle motor [lines 21-25 of patented claim 14, for instance].
With respect to pending claim 15, U.S. Patent No. 11,823,710 claims wherein, in the motor controller, the BEMF comparator detection circuitry is on one power large scale integrated circuit (PLSI) [lines 1-4 of patented claim 12, for instance].
With respect to pending claim 16, U.S. Patent No. 11,823,710 claims the method further comprising: outputting, by the BEMF comparator detection circuitry, the phase A BEMF voltage of the first spindle motor to a motor speed controller [lines 1-4 of patented claim 13, for instance]; and outputting, by the BEMF comparator detection circuitry, the phase A BEMF voltage of the second spindle motor to the motor speed controller [lines 5-7 of patented claim 13, for instance].
Claim Considerations - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes Dinsmore (US 5,631,999), Ehrlich (US 2004/0246617), Bennett et al. (US 7,006,320), Ehrlich (US 7,088,546), Ryan (US 7,158,329), Ding et al. (US 7,253,582), and Otaguro (US 8,093,847), which each individually teaches a data storage device with a back electromotive force (BEMF) detection circuitry configuration; and Shirai et al. (US 7,602,129), which teach a data storage device with sine wave table spindle motor control.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Craig A. Renner whose telephone number is (571) 272-7580. The examiner can normally be reached Monday-Friday 9:00 AM - 7:30 PM.
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/CRAIG A. RENNER/Primary Examiner, Art Unit 2688
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