DETAILED CORRESPONDENCE
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 Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-16 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schidlowski (U.S. 2022/0135007).
Regarding claim 1, Schidlowski discloses (figs. 2 or 4) An electrical machine (1) comprising
a rotor (R), a stator (S), a housing (hatched region surrounding “S”) and
a first (e.g. 9a) and a second (area around 8b or area to the right of 6) fluid chamber in fluid communication via at least one fluid passage (within 6) of the rotor (see pgh. 0093) and at least one fluid return passage (via 13) provided between the first fluid chamber and the second fluid chamber,
wherein the rotor upon rotation (with blades, see pgh. 0093) is adapted to provide a difference in pressure between the first fluid chamber and the second fluid chamber by transfer of fluid there between (via opening valve 12 at least, pressure in 9a decreases while pressure around 8b increases), whereby a braking torque is exerted on the rotor (pgh. 0082 at least),
wherein the first and second fluid chambers are provided at, along a rotational axis of the electrical machine, respective opposite sides of the rotor (as shown, area near 8b is to the right of the rotor while 9a is to the left of the rotor).
Regarding claim 2, Schidlowski discloses (figs. 2 or 4) the first and second fluid chambers are provided between an interior of the housing and the rotor (each are between the housing and the rotor, as shown, at least axially).
Regarding claim 3, Schidlowski discloses (fig. 4) at least one internal fluid return passage is provided between the stator and the rotor (e.g. passage via valve 14 in fig. 4, which is provided between the stator and the rotor in that it is provided axially between the axial leftmost and rightmost extents thereof).
Regarding claim 4, Schidlowski discloses (fig. 4) the first fluid chamber is provided with a first chamber fluid port (port of passage that includes valve 12) for fluidly filling and/or draining the first fluid chamber and the second fluid chamber is provided with a second chamber fluid port (port via return passage including valve 13) for fluidly filling and/or draining the second fluid chamber.
Regarding claim 5, Schidlowski discloses (fig. 4) the first chamber fluid port is in fluid communication with the second chamber fluid port by a fluid port return passage (e.g. passage via valve 15).
Regarding claim 6, Schidlowski discloses (fig. 4) the fluid port return passage between the first and second chamber fluid ports is provided with at least one controllable valve device (15) configurable to control a flow of fluid in the fluid port return passage (see pgh. 0099 and 0101).
Regarding claim 7, Schidlowski discloses (fig. 4) the first fluid chamber comprises a first chamber fluid inlet (via 15) for receiving fluid and a first chamber fluid outlet (via 12) for draining fluid, and the second fluid chamber comprises a second chamber fluid inlet (via the right end of 6) for receiving fluid and a second chamber fluid outlet (via 13) for draining fluid.
Regarding claim 8, Schidlowski discloses (fig. 2) the rotor is provided with at least one impeller (8b) arranged at the first or the second fluid chamber of the electrical machine (arranged at the second chamber, as shown).
Regarding claims 9, 11 and 12, Schidlowski discloses the electrical machine is a propulsion motor of a vehicle (abstract at least).
Regarding claim 10, Schidlowski discloses the first and second fluid chambers are provided at, along a rotational axis of the electrical machine, respective opposite sides of the rotor (as shown, area near 8b is to the right of the rotor while 9a is to the left of the rotor);
the first and second fluid chambers are provided between an interior of the housing and the rotor (each are between the housing and the rotor, as shown);
the electrical machine further comprising at least one fluid return passage (via 13) provided between the first fluid chamber and the second fluid chamber (as shown),
at least one internal fluid return passage is provided between the stator and the rotor (e.g. passage via valve 14 in fig. 4, which is provided between the stator and the rotor in that it is provided axially between the axial leftmost and rightmost extents thereof);
the first fluid chamber is provided with a first chamber fluid port (port of passage that includes valve 12) for fluidly filling and/or draining the first fluid chamber and the second fluid chamber is provide with a second chamber fluid port (port via return passage including valve 13) for fluidly filling and/or draining the second fluid chamber,
the first chamber fluid port is in fluid communication with the second chamber fluid port by a fluid port return passage (e.g. passage via valve 15),
wherein the fluid port return passage between the first and second chamber fluid ports is provided with at least one controllable valve device (15) configurable to control a flow of fluid in the fluid port return passage (see pgh. 0099 and 0101);
the first fluid chamber comprises a first chamber fluid inlet (via 15) for receiving fluid and a first chamber fluid outlet (via 12) for draining fluid, and the second fluid chamber comprises a second chamber fluid inlet (via the right end of 6) for receiving fluid and a second chamber fluid outlet (via 13) for draining fluid;
the at least one fluid passage of the rotor is provided by an impeller (8b, at least in part) of the rotor (note the impeller is provided in combination with the other features, see pgh. 0019 and 0093), wherein the electrical machine is a propulsion motor for a vehicle (see abstract at least).
Regarding claim 13, Schidlowski discloses (fig. 4) A vehicle (abstract at least) comprising the electrical machine of claim 4, and the vehicle further comprises a fluid circuit connected between the first chamber fluid port and the second chamber fluid port (including path through 8d, 14, 16, 15, etc.).
Regarding claim 14, Schidlowski discloses (fig. 4) the fluid circuit comprises at least one pump device (7a) configurable to pump fluid into a first fluid chamber or the second fluid chamber and at least one drain valve device (e.g. 13) configurable to prevent fluid from draining from the other of the first fluid chamber or the second fluid chamber (as shown).
Regarding claim 15, Schidlowski discloses (fig. 4) an inlet valve device (12) is provided between the pump device and the fluid receiving one of the first chamber fluid port and the second chamber fluid port (as shown).
Regarding claim 16, Schidlowski discloses (fig. 4) the fluid circuit further comprises a fluid reservoir (bottom portion of 9a constitutes a reservoir).
Regarding claim 19, Schidlowski discloses (figs. 2 or 4) A method for braking an electrical machine of claim 1, the method comprises:
providing fluid to a fluid chamber at a first axial side of the electrical machine (fluid is provided to chamber 9a),
pumping (via 7a at least, and blades, see pgh. 0093), responsive to rotation of a rotor of the electrical machine, the fluid from the fluid chamber at the first axial side of the electrical machine to a fluid chamber (area near right side of rotor and stator or near 8b) at a second opposite axial side of the electrical machine through at least one fluid passage (within 6) extending along the rotor of the electrical machine, and
controlling a reverse flow of fluid from the second axial side to the first axial side such that the flow through the at least one fluid passage exceeds the reverse flow (pgh. 0096 at least, valve 12 blocks return flow), whereby a braking torque is exerted on the rotor by the fluid at the second axial side of the electrical machine (abstract at least, area is flooded to achieve a braking effect, which is experienced as a torque to brake the motor).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Schidlowski (U.S. 2022/0135007) in view of Folkesson (U.S. 2022/0190678).
Regarding claim 17, Schidlowski does not appear to disclose a vehicle temperature system. In the same field of endeavor of electric drive machines for vehicles, Folkesson teaches an electric motor (3/4) and fluid circuit (20) passing fluid through the electric motor, where the fluid circuit is operatively connected to a temperature system of the vehicle (e.g. pgh. 0067, data on brake fluid temperature and motor temperature are sent to the controller).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have operatively connected a temperature system to the fluid circuit as suggested by Folkesson to maintain the vehicle components within proper operating temperatures, thereby improving safety.
Regarding claim 18, Schidlowski does not appear to disclose a heavy-duty vehicle. In the same field of endeavor of electric drive machines for vehicles, Folkesson teaches an electric motor (3/4) used in a heavy-duty vehicle, such as a truck (see pgh. 0002).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the invention of Schidlowski within a heavy duty vehicle as suggested by Folkesson in order to provide a safety feature to aid in braking on long slopes or at high speeds (see pgh. 0005).
Response to Arguments
Applicant's arguments filed 9/28/2026 have been fully considered but they are not persuasive.
As a preliminary matter, Applicant refers throughout the remarks to “Independent claims 1, 11 and 19”. However, it is noted that only claim 1 is independent. Claim 11 recites, “A vehicle comprising the electrical machine according to claim 1”, and thus depends from claim 1. Claim 19 recites, “A method for braking the electrical machine of claim 1”, and thus depends from claim 1. Accordingly, only claim 1 is independent. The arguments discussion what “the independent claims require” are thus deemed applicable only to claim 1, as only claim 1 is independent.
Applicant contends that Schidlowski does not disclose item (1) of “at least one fluid passage of the rotor” (see page 9 of the remarks). Attention is directed to pgh. 0093 which states “To this end, the rotor R can be designed with corresponding blades in the fluid gap 6, for example”. The gap between respective blades corresponds to at least one fluid passage, and each passage is “of the rotor”, i.e. associated therewith.
Applicant contends that Schidlowski does not disclose item (2) of “first and second fluid chambers axially separated by the rotor” (see page 10 of the remarks). It is noted that independent claim 1 does not recite this feature. This feature is recited in dependent claim 19. Nevertheless, the first chamber (element 9a) is on the left axial side of the rotor, and the second chamber (area near the right side of rotor and stator or near 8b) is on the right side of the rotor. Thus, these two chambers are “axially separated by the rotor” at least, among other elements. Applicant contends that the area around 8b is not a “distinct enclosed chamber” but rather a region adjacent the impeller. It is noted that it is not claimed that the chamber be a “distinct enclosed chamber”. Nevertheless, the area around 8b is enclosed by the housing at least.
Applicant contends that Schidlowski does not disclose item (3) of “a pressure differential generated by rotation of the rotor” (see page 10 of the remarks). It is noted that upon rotation of the rotor, particularly including the blades as discussed in pgh. 0093, this rotation induces pumping of the fluid, thereby increasing the pressure in one chamber while decreasing the pressure in the other chamber. If the valve 13 is closed, the pressure in 9a will decrease while the pressure near 8b increases, and if the valve 13 is open, the opposite occurs. Thus a pressure differential is generated by rotation of the rotor, as claimed.
Applicant contends that Schidlowski does not disclose item (4) of “controlled reverse flow of fluid”. It is noted that independent claim 1 does not recite this feature. This feature is recited in dependent claim 19. Nevertheless, this function is carried out by rotation of the rotor and the state of valves 12 and/or 13. See rejection above. Applicant contends that this limitation describes a system where fluid flows through the rotor passage in one direction driven by the rotor, and a separate controlled return flow path allows flow to recirculate but at a lesser rate, thereby maintaining a pressure differential. It is noted that these features are not claimed directly. Further it is noted if valve 12 is closed and valve 13 is opened, then flow through the reverse passage will exceed flow through the at least one passage as claimed.
Applicant contends that Schidlowski does not disclose item (5) of “a braking torque exerted on the rotor by the resulting pressure differential” (see page 11 of the remarks). Upon chamber 8b being pressurized and no fluid remaining in chamber 9a, the rotor cannot pump any further fluid into the chamber (with the associated vanes) and is merely attempting to pump fluid into a fully pressurized area, resulting in the claimed braking torque, and this occurs “by the resulting pressure differential” as claimed, in the same manner as the instant application.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID MORRIS whose telephone number is (571)270-3595. The examiner can normally be reached Monday thru Friday; 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at (571) 272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID R MORRIS/Primary Examiner, Art Unit 3616
