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 January 14, 2026. In view of this communication and the amendment concurrently filed: claims 1-10 were previously pending; no claims were cancelled and no claims were added by amendment; and thus, claims 1-10 are now pending in the application.
Response to Arguments
Applicant's arguments filed January 14, 2026 have been fully considered.
The Applicant's first point (page 4 of Remarks) argues that the “folded portion” of claim 6 is clearly depicted in Fig 6 of the present application (The Examiner believes the applicant meant Figure 8 as this is the one provided despite citing Figure 6). However, while several articles are referenced, such as the annular flange (50), the axial centering portion (44), and tongues (46); there is no folded portion article referenced in any drawing of the present invention. Since no folded portion is numerated in the disclosure, and referenced in the drawing it is not clearly shown. Therefore, the drawing objection is upheld.
The Applicant's second point (page 4-5 of Remarks) amends the simple informality of claim 1. The amendment clears up the claim to make the objection moot, thus the claim objection is removed.
The Applicant's third point (page 5 of Remarks) amends claim 1 and 3 to remove indefinite claim language. The amendments make the 112(b) rejection moot, and thus the rejection is removed.
The Applicant's fourth point (page 5-6 of Remarks) argues that claim 10 further limits the grounding brush assembly by saying it is a part of an electrical motor combined with housing and a shaft. However, the Applicant does not limit the initial independent claim 1 by introducing an electrical motor, housing, and rotary shaft of in dependent claim 10 because these are inherent limitation of the of present grounding brush assembly invention. Therefore, the 112(d) rejection is upheld.
The Applicant's fifth point (page 6-10 of Remarks) amends claim 1 to include the limitation, “wherein the brush fitting plate further includes a fitting portion for fitting and centering the fitting plate within a bore of a housing, the fitting portion being offset radially outwardly relative to the axial centering portions and to the retention tongues so as to radially overlap at least the axial centering portions, the fitting portion having an exterior surface defining the outer diameter of the fitting plate.” The Applicant goes on the argue how the new limitation makes the present invention different from the prior art presented (ARNAULT). The Examiner agrees with the Applicant that the new limitation is not taught by the prior art, but necessitates further search and potential new ground for rejection.
The Applicant's sixth point (page 10-13 of Remarks) argues that the present invention differs from the other presented prior art, and that the new limitation is not taught by LENZ. The Examiner agrees with the Applicant that the new limitation is not taught by the prior art, but necessitates further search and potential new ground for rejection.
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 “folded portion” in claim 6 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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 10 recites, an “electric motor comprising: a housing; a shaft;" comprising a “grounding brush assembly” of claim 1, but does not recite any additional limitations of said “grounding brush assembly”. Thus, the claim does not further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-10 contain allowable subject matter.
The following is an examiner' s statement of reasons for allowance:
Regarding Claim 1: The following is a statement of reasons for the indication of allowance:
The prior art teaches:
A grounding brush assembly comprising:
a grounding brush including a support and a plurality of conductive fitted fibers within the support; and
a brush fitting plate connected with the support of the brush, the fitting plate including a radial portion supported axially against the support of the brush, a plurality of retention tongues configured to axially retain the support and a plurality of axial centering portions extending from the radial portion and being configured to radially center the support of the brush, the plurality of axial centering portions being spaced circumferentially apart and supported radially against the support of the brush, each retention tongue being disposed circumferentially between two successive axial centering portions,
wherein the brush fitting plate further includes a fitting portion for fitting and centering the fitting plate within a bore of a housing, the fitting portion having an exterior surface defining the outer diameter of the fitting plate.
However, the prior art does not teach:
the fitting portion being offset radially outwardly relative to the axial centering portions and to the retention tongues so as to radially overlap at least the axial centering portions.(The underlined is allowable subject matter.)
Claim 1 is allowed, and not rejected, because the limitation of the fitting portion being located radial outside the axial centering portion would not be obvious to modify at the time the invention was filed.
Claims 2-10 also contain allowable subject matter because they depend from claim 1.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
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 NICHOLAS L SETZER whose telephone number is (571)272-3021. The examiner can normally be reached Mon-Fri, 8am-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, 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