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 . This Office Action is responsive to the Applicant's communication filed on September 13, 2023. In view of this communication, claims 1-17 are now pending in the application.
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 1-8 and 13-17 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.
Regarding claim 1: A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 97 USPQ2d 1737 (Fed. Cir. 2011)(MPEP 2173.05(p) II). Claim 1 states both an apparatus (a motor), and a method (permanent magnet magnetization). Claiming the apparatus and method in the same claim creates confusion as to when infringement occurs - whether it is when a user infringes by using the apparatus or by implementing the method.
In order to properly conduct a search on the subject, claim 1 is interpreted to be a, product by process. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777F, 2d 659, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); see also MPEP 2113
I recommend canceling or rewriting claim 1 to eliminate the method portion of the claim.
Claims 2-8 are rejected for being dependent on claim 1.
Regarding claim 13: A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 97 USPQ2d 1737 (Fed. Cir. 2011) (MPEP 2173.05(p) II). Claim 13 states both an apparatus (a magnetizing apparatus), and a method (permanent magnet magnetization). Claiming the apparatus and method in the same claim creates confusion as to when infringement occurs - whether it is when a user infringes by using the apparatus or by implementing the method.
In order to properly conduct a search on the subject, claim 13 is interpreted to be a, product by process. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777F, 2d 659, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); see also MPEP 2113
I recommend canceling or rewriting claim 13 to eliminate the method portion of the claim.
Claims 14-17 are rejected for being dependent on claim 13.
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.
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.
Claim(s) 1-3, 5-11, 13-15, and 17is/are rejected under 35 U.S.C. 103 as being unpatentable over MASUKO (US 20220190697 A1) in view of MATSUOKA(US 20210320546 A1).
In regards to claim 1, MASUKO teaches:
A motor (Fig 1; 1) comprising: a rotor (Fig 1; 2)having P (P=6) magnetic poles (Fig 1; P)[0067] (P is an integer or 2 or more) each of which is formed by a permanent magnet(Fig 2; 22), the rotor being rotatable (Fig 1; D1)about an axis(Fig 1; Ax); and
a stator (Fig 3; 3) having a stator core(Fig 3; 31) surrounding the rotor (Fig 1; 2)from outside in a radial direction about the axis(Fig 1; Ax), and three-phase coils (Fig 3; 32)wound on the stator core in distribution winding[0007],
wherein the stator core (Fig 3; 31)has a plurality of slots (Fig 3; 311)in a circumferential direction about the axis(Fig 3; Ax),
wherein the three-phase coils (Fig 3; 32)have a first phase coil (Fig 3; 323) disposed on an outermost side in the radial direction, a second phase coil (Fig 3; 321)disposed on an innermost side in the radial direction, and a third phase coil (Fig 3; 322)disposed between the first phase coil (Fig 3;323)and the second phase coil(Fig 3; 321),
wherein the permanent magnet(Fig 2; 22) is magnetized by:
a first magnetizing step (Fig 12; S6) performed in a state where the rotor is rotated by an angle Θ in a first direction with respect to a reference position(Fig 14; M1), and
a second magnetizing step(Fig 12; S8) performed in a state where the rotor is rotated by the angle Θ in a second direction with respect to the reference position(Fig 15; M1), and
wherein in each of the first magnetizing step(Fig 12; S6) and the second magnetizing step(Fig 12; S8), the third phase coil (Fig 10; 322)is opened, the first phase coil (Fig 10; 323)and the second phase coil (Fig 10; 321)are connected in series, and magnetization current is applied to the first phase coil and the second phase coil[0038, 0088].
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MASUKO does not teach:
wherein each of the first phase coil, the second phase coil and the third phase coil has P winding portions, adjacent two winding portions of the P winding portions being inserted into one slot of the plurality of slots and extending in both directions in the circumferential direction from the one slot.
MATSUOKA teaches:
wherein each of the first phase coil(Fig 2; 21) , the second phase coil (Fig 2; 23)and the third phase coil (Fig 2; 22) has P winding portions(P=6), adjacent two winding portions(Fig 2; 21A/21B) of the P winding portions being inserted into one slot (Fig 3; 13)of the plurality of slots and extending in both directions in the circumferential direction from the one slot(Fig 3; 13).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify MASUKO by arranging the three phase coils so they have P winding portions and adjacent windings inserted in the same slot taught by MATSUOKA in order to shorten the circumference length of each coil, so the winding factor can be set to 1, thus the motor efficiency can be improved [MATSUOKA 0014].
In regards to claim 2, MASUKO, in view of MATSUOKA, teaches the motor according to claim 1:
wherein the reference position(Fig 14; M1) is a rotating position of the rotor (Fig 14; 2)when a center of the magnetic pole of the rotor (Fig 14; 2)in the circumferential direction faces a center of a magnetizing flux generated(Fig 14; MAGNETIC FLUX) by the magnetization current applied to the first phase coil and the second phase coil[0038, 0088].
In regards to claim 3, MASUKO, in view of MATSUOKA, teaches the motor according to claim 1:
MASUKO does not teach:
wherein a winding factor of the motor is 1.
MATSUOKA teaches:
wherein a winding factor of the motor is 1 [abstract].
In regards to claim 5, MASUKO, in view of MATSUOKA, teaches the motor according to claim 1:
wherein the rotor (Fig 2; 2)has a magnet insertion hole (Fig 2; 211)into which the permanent magnet (Fig 2; 22)is inserted,
wherein, when a straight line in the radial direction that passes through a center(Fig 2; M1) of the magnet insertion hole (Fig 2; 211)in the circumferential direction is defined as a pole center line(Fig 2; C1), the permanent magnet(Fig 2; 22) has a width W1(Fig 2; W1) in a direction perpendicular to the pole center line(Fig 2; M1),
wherein the magnet insertion hole (Fig 2; 211)has an outer edge on an outer side thereof in the radial direction, the outer edge extending in the direction perpendicular to the pole center line(Fig 2; C1),
wherein the outer edge of the magnet insertion hole(Fig 2; 211) has a width W2(Fig 2; W2) in the direction perpendicular to the pole center line(Fig 2; C1), and
wherein the width W1 and the width W2 satisfy W1> W2(Fig 2. illustrates W1> W2) .
In regards to claim 6, MASUKO, in view of MATSUOKA, teaches the motor according to claim 5:
wherein the rotor (Fig 2; 2)has a flux barrier (Fig 2; 22’) formed to be continuous to an end of the magnet insertion hole (Fig 2; 211)in the circumferential direction[0065], and wherein the end of the magnet insertion hole (Fig 2; 211)in the circumferential direction is located within the flux barrier(Fig 2; 22’).
In regards to claim 7, MASUKO, in view of MATSUOKA, teaches:
A compressor (Fig 30; 300)comprising: the motor(Fig 30; 1) according to claim 1; and
a compression mechanism driven by the motor[0178].
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In regards to claim 8, MASUKO, in view of MATSUOKA, teaches:
A refrigeration cycle apparatus (Fig 31; 7)comprising the compressor (Fig 31; 300)according to claim 7, a condenser(Fig 31; 74), a decompressor(Fig 31; 75), and an evaporator(Fig 31; 77)[0190-0191] .
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In regards to claim 9, MASUKO teaches:
A magnetizing method [0006]to magnetize a permanent magnet of a motor (Fig 1; 1), the motor (Fig 1; 1)comprising: a rotor (Fig 1; 2)having P (P=6) magnetic poles (Fig 1; P)[0067] (P is an integer or 2 or more) each of which is formed by a permanent magnet(Fig 2; 22), the rotor being rotatable (Fig 1; D1)about an axis(Fig 1; Ax); and
a stator (Fig 3; 3) having a stator core(Fig 3; 31) surrounding the rotor (Fig 1; 2)from outside in a radial direction about the axis(Fig 1; Ax), and three-phase coils (Fig 3; 32)wound on the stator core in distribution winding[0007],
wherein the stator core (Fig 3; 31)has a plurality of slots (Fig 3; 311)in a circumferential direction about the axis(Fig 3; Ax),
wherein the three-phase coils (Fig 3; 32)have a first phase coil (Fig 3; 323) disposed on an outermost side in the radial direction, a second phase coil (Fig 3; 321)disposed on an innermost side in the radial direction, and a third phase coil (Fig 3; 322)disposed between the first phase coil (Fig 3;323)and the second phase coil(Fig 3; 321),
the magnetizing method [0006] comprising:
a first magnetizing step (Fig 12; S6) performed in a state where the rotor is rotated by an angle Θ in a first direction with respect to a reference position(Fig 14; M1), and
a second magnetizing step(Fig 12; S8) performed in a state where the rotor is rotated by the angle Θ in a second direction with respect to the reference position(Fig 15; M1), and
wherein in each of the first magnetizing step(Fig 12; S6) and the second magnetizing step(Fig 12; S8), the third phase coil (Fig 10; 322)is opened, the first phase coil (Fig 10; 323)and the second phase coil (Fig 10; 321)are connected in series, and magnetization current is applied to the first phase coil and the second phase coil[0038, 0088].
MASUKO does not teach:
wherein each of the first phase coil, the second phase coil and the third phase coil has P winding portions, adjacent two winding portions of the P winding portions being inserted into one slot of the plurality of slots and extending in both directions in the circumferential direction from the one slot.
MATSUOKA teaches:
wherein each of the first phase coil(Fig 2; 21) , the second phase coil (Fig 2; 23)and the third phase coil (Fig 2; 22) has P winding portions(P=6), adjacent two winding portions(Fig 2; 21A/21B) of the P winding portions being inserted into one slot (Fig 3; 13)of the plurality of slots and extending in both directions in the circumferential direction from the one slot(Fig 3; 13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify MASUKO by arranging the three phase coils so they have P winding portions and adjacent windings inserted in the same slot taught by MATSUOKA in order to shorten the circumference length of each coil, so the winding factor can be set to 1, thus the motor efficiency can be improved [MATSUOKA 0014].
In regards to claim 10, MASUKO, in view of MATSUOKA, teaches the magnetizing method to magnetize a permanent magnet of a motor according to claim 9:
wherein the reference position(Fig 14; M1) is a rotating position of the rotor (Fig 14; 2)when a center of the magnetic pole of the rotor (Fig 14; 2)in the circumferential direction faces a center of a magnetizing flux generated(Fig 14; MAGNETIC FLUX) by the magnetization current applied to the first phase coil and the second phase coil[0038, 0088].
In regards to claim 11, MASUKO, in view of MATSUOKA, teaches the magnetizing method to magnetize a permanent magnet of a motor according to claim 9:
MASUKO does not teach:
wherein a winding factor of the motor is 1.
MATSUOKA teaches:
wherein a winding factor of the motor is 1 [abstract].
In regards to claim 13, MASUKO teaches:
A magnetizing apparatus[0003,0006] to magnetize a permanent magnet of a motor, the motor (Fig 1; 1) comprising: a rotor (Fig 1; 2)having P (P=6) magnetic poles (Fig 1; P)[0067] (P is an integer or 2 or more) each of which is formed by a permanent magnet(Fig 2; 22), the rotor being rotatable (Fig 1; D1)about an axis(Fig 1; Ax); and
a stator (Fig 3; 3) having a stator core(Fig 3; 31) surrounding the rotor (Fig 1; 2)from outside in a radial direction about the axis(Fig 1; Ax), and three-phase coils (Fig 3; 32)wound on the stator core in distribution winding[0007],
wherein the stator core (Fig 3; 31)has a plurality of slots (Fig 3; 311)in a circumferential direction about the axis(Fig 3; Ax),
wherein the three-phase coils (Fig 3; 32)have a first phase coil (Fig 3; 323) disposed on an outermost side in the radial direction, a second phase coil (Fig 3; 321)disposed on an innermost side in the radial direction, and a third phase coil (Fig 3; 322)disposed between the first phase coil (Fig 3;323)and the second phase coil(Fig 3; 321),
the magnetizing apparatus[0003,0006] performing:
a first magnetizing step (Fig 12; S6) performed in a state where the rotor is rotated by an angle Θ in a first direction with respect to a reference position(Fig 14; M1), and
a second magnetizing step(Fig 12; S8) performed in a state where the rotor is rotated by the angle Θ in a second direction with respect to the reference position(Fig 15; M1), and
wherein in each of the first magnetizing step(Fig 12; S6) and the second magnetizing step(Fig 12; S8), the third phase coil (Fig 10; 322)is opened, the first phase coil (Fig 10; 323)and the second phase coil (Fig 10; 321)are connected in series, and magnetization current is applied to the first phase coil and the second phase coil[0038, 0088].
MASUKO does not teach:
wherein each of the first phase coil, the second phase coil and the third phase coil has P winding portions, adjacent two winding portions of the P winding portions being inserted into one slot of the plurality of slots and extending in both directions in the circumferential direction from the one slot.
MATSUOKA teaches:
wherein each of the first phase coil(Fig 2; 21) , the second phase coil (Fig 2; 23)and the third phase coil (Fig 2; 22) has P winding portions(P=6), adjacent two winding portions(Fig 2; 21A/21B) of the P winding portions being inserted into one slot (Fig 3; 13)of the plurality of slots and extending in both directions in the circumferential direction from the one slot(Fig 3; 13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify MASUKO by arranging the three phase coils so they have P winding portions and adjacent windings inserted in the same slot taught by MATSUOKA in order to shorten the circumference length of each coil, so the winding factor can be set to 1, thus the motor efficiency can be improved [MATSUOKA 0014].
In regards to claim 14, MASUKO, in view of MATSUOKA, teaches the magnetizing apparatus to magnetize a permanent magnet of a motor according to claim 13:
wherein the reference position(Fig 14; M1) is a rotating position of the rotor (Fig 14; 2)when a center of the magnetic pole of the rotor (Fig 14; 2)in the circumferential direction faces a center of a magnetizing flux generated(Fig 14; MAGNETIC FLUX) by the magnetization current applied to the first phase coil and the second phase coil[0038, 0088].
In regards to claim 15, MASUKO, in view of MATSUOKA, teaches the magnetizing apparatus to magnetize a permanent magnet of a motor according to claim 13:
MASUKO does not teach:
wherein a winding factor of the motor is 1.
MATSUOKA teaches:
wherein a winding factor of the motor is 1 [abstract].
In regards to claim 17, MASUKO, in view of MATSUOKA, teaches the magnetizing apparatus to magnetize a permanent magnet of a motor according to claim 13:
further comprising a power source device connected to the three-phase coils of the motor and generates the magnetization current[abstract].
Claim(s) 4, 12, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over MASUKO (US 20220190697 A1) in view of MATSUOKA(US 20210320546 A1), in further view of ISHIKAWA (US 20190089215 A1).
In regards to claim 4, MASUKO, in view of MATSUOKA, teaches the motor according to claim 1.
Combination MASUKO/MATSUOKA does not teach:
wherein the permanent magnet is a rare earth magnet containing iron, neodymium, and boron, and further containing dysprosium or terbium, and wherein a content of dysprosium or terbium is 4% by weight or less.
ISHIWAKA teaches:
wherein the permanent magnet is a rare earth magnet containing iron, neodymium, and boron, and further containing dysprosium or terbium, and wherein a content of dysprosium or terbium is 4% by weight or less[abstract].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify MASUKO by using the magnet material composition taught by ISHIKAWA in order to increase a residual magnetic flux density, decrease a current value required to obtain a target output, and thus reduce loss (copper loss) due to electrical resistance can be reduced [0008 ISHIKAWA].
Additionally, the Applicant should note, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 .
In regards to claim 12, MASUKO, in view of MATSUOKA, teaches the magnetizing method to magnetize a permanent magnet of a motor according to claim 9:
Combination MASUKO/MATSUOKA does not teach:
wherein the permanent magnet is a rare earth magnet containing iron, neodymium, and boron, and further containing dysprosium or terbium, and wherein a content of dysprosium or terbium is 4% by weight or less.
ISHIWAKA teaches:
wherein the permanent magnet is a rare earth magnet containing iron, neodymium, and boron, and further containing dysprosium or terbium, and wherein a content of dysprosium or terbium is 4% by weight or less[abstract].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify MASUKO by using the magnet material composition taught by ISHIKAWA in order to increase a residual magnetic flux density, decrease a current value required to obtain a target output, and thus reduce loss (copper loss) due to electrical resistance can be reduced [0008 ISHIKAWA].
Additionally, the Applicant should note, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 .
In regards to claim 16, MASUKO, in view of MATSUOKA, teaches the magnetizing apparatus to magnetize a permanent magnet of a motor according to claim 13:
Combination MASUKO/MATSUOKA does not teach:
wherein the permanent magnet is a rare earth magnet containing iron, neodymium, and boron, and further containing dysprosium or terbium, and wherein a content of dysprosium or terbium is 4% by weight or less.
ISHIWAKA teaches:
wherein the permanent magnet is a rare earth magnet containing iron, neodymium, and boron, and further containing dysprosium or terbium, and wherein a content of dysprosium or terbium is 4% by weight or less[abstract].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify MASUKO by using the magnet material composition taught by ISHIKAWA in order to increase a residual magnetic flux density, decrease a current value required to obtain a target output, and thus reduce loss (copper loss) due to electrical resistance can be reduced [0008 ISHIKAWA].
Additionally, the Applicant should note, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 .
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS L SETZER whose telephone number is (571)272-3021. The examiner can normally be reached Mon-Fri, 8am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oluseye Iwarere can be reached at (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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/N.L.S./Examiner, Art Unit 2834
/OLUSEYE IWARERE/Supervisory Patent Examiner, Art Unit 2834