DETAILED ACTION
This communication is in response to the Applicant filing on 4.10.26. Claims 11-22 are pending and have been examined.
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 .
Response to Arguments and Amendments
The Applicant has made amendments to the independent claims 11,21 which will be examined below.
Previous specification objection respect to title is withdrawn in light of title amendment.
With respect to 35 U.S.C 102 and 103 rejections, the Applicant provides arguments to which the
Examiner will respond accordingly:
Applicant Argument 1: Amended claims 11 and 21 of the instant application require two or more arms integrally formed with or onto the body. In contrast, Domyo teaches a single metal clip (arm) 74 that is not integrally formed with the sensor support (case) 51. Rather Domyo explicitly describes a separate part (arm) 74 that can be subsequently mounted, forming a force-fit connection to the bearing shield 13.
Examiner Response 1: Applicant has amended claim 11,21 with new limitations “said arms being integrally formed” which will be prosecuted in below sections.
Applicant Argument 2: Furthermore, Domyo does not indicate a desire to space the body 51 away from the bearing shield 13. Rather, the clamp 74 in Domyo is intended to press the sensor support (case) 51 against the bearing shield 13. In other words, the clamp 74 presses the sensor support 51 against the bearing shield 13. Therefore, a spacing by the clamp 74 is neither possible nor intended.
Examiner Response 2: Examiner respectfully disagrees . Fig 8 of Domyo discloses a gap between 51 sensor body and 13 bearing shield with contact being made through pointed leg part 61 which is similar to closest Applicant embodiment Fig 12 that Examiner could find wherein contact is being made through 90 between bearing shield 44 and sensor support 66,82.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claims 11,14-15,17-18,21 are rejected under 35 U.S.C. 103 as being unpatentable in view of Domyo (WO2015098056A1 English translation) and Kodera (WO2016103619A1 English translation).
Regarding Claim 11, Domyo discloses (Figs 1,8) an electric motor (10) of an ancillary unit (10), the electric motor comprising:
a bearing shield (13);
a sensor (41,43); and
a sensor support (51) made of a plastics material (Page 5, Line 33) and having a body (51) disposed perpendicularly (Fig 1) to a rotor axis (AA), on said body said sensor is held (Page 5, Line 34-35), said sensor support further having at least two arms (Fig 26,74) peripherally attached to said body, said arms at least in part run parallel (Fig 1) to the rotor axis (AA) and are fastened (75) to said bearing shield (13), and said arms (74) configured to space apart (Sp similar to Applicant embodiment Fig 12) said body (majority of 51) as 51 contacts 13 through 61) from said bearing shield but Domyo does not explicitly disclose usage in a motor vehicle and said arms being integrally formed with said body.
Domyo further discloses usage in a motor vehicle [Page 3, Line 39 discloses “starter motor” and Line 28 “internal combustion engine” which are well known in the art for usage in motor vehicle].
Kodera discloses (Fig 8) integrally formed (Page 9, Lines 35-37) arm (54) with body (51) (to duplicate another integrally molded arm is well known in the art).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed electric motor of Domyo with usage in motor vehicle as is well known in the art in order to function as a starter motor and integrally formed arm as taught by Kodera in order to simplify reduce part count, simplify design and assembly.
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Regarding Claim 14, Domyo in view of Kodera discloses the electric motor according to claim 11. Domyo in view of Kodera further discloses wherein said arms (Domyo, 74) have ends (72), said ends are angled radially (Fig 1) toward an outside in order to form in each case one tab (Figs 25,26,72) .
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Regarding Claim 15, Domyo in view of Kodera discloses the electric motor according to claim 14. Domyo in view of Kodera further discloses further comprising fasteners (75); and wherein each said tab has a passage opening (Fig 26) formed therein which is penetrated by a respective one of said fasteners (Fig 26).
Regarding Claim 17, Domyo in view of Kodera discloses the electric motor according to claim 15. Domyo in view of Kodera further discloses, wherein said sensor support (Domyo,51) has rings (space around bolt 75 on tab 72) , one of said rings is disposed concentrically (space around can be concentric) with each said passage opening and is integrally molded on said tab (72) on that side of each said tab that faces (72 is facing 13) said bearing shield (13).
Further (if rings are intended to be a projection), Kodera further discloses (Figs 1,11) wherein said sensor support (51) has rings (81a, 82a), one of said rings is disposed concentrically with each said passage opening (81,82) and is integrally molded on said tab (54) on that side of each said tab that faces (Fig 1) said bearing shield (13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed electric motor of in view of Domyo and Kodera with concentric rings as further taught by Kodera in order to have a controlled flat surface for bolt tightening.
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Regarding Claim 18, Domyo in view of Kodera discloses the electric motor according to claim 15. Domyo in view of Kodera does not explicitly disclose said sensor support has flanges and ribs, each said passage opening, on that side that faces away from said bearing shield, is partially surrounded by one of said flanges projecting parallel to the rotor axis, said ribs running radially relative to a respective said passage opening and being formed on each said flange.
Kodera further discloses (Fig 8) said sensor support (51) has flanges (84,85,86 and connections in between) and ribs (87,88), each said passage opening (81,82), on that side that faces away (Fig 1) from said bearing shield (13), is partially surrounded (Fig 8) by one of said flanges projecting parallel to the rotor axis (AA), said ribs running radially (R) relative to a respective said passage opening (81,82) and being formed (Fig 8) on each said flange.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed electric motor in view of Domyo and Kodera with flanges and ribs as further taught by Kodera in order to have a desired design choice of bolt tightening structure.
Regarding Claim 21, Domyo discloses (Figs 1,8) an ancillary unit (10), the ancillary unit (10) comprising
an electric motor (10), containing;
a bearing shield (13);
a sensor (41,43); and
a sensor support (51) made of a plastics material (Page 5, Line 33) and having a body (51) disposed perpendicularly (Fig 1) to a rotor axis (AA), on said body said sensor is held (Page 5, Line 34-35), said sensor support further having at least two arms (Fig 26,74) peripherally attached to said body, said arms at least in part run parallel (Fig 1) to the rotor axis (AA) and are fastened (75) to said bearing shield (13), and said arms (74) configured to space apart (Sp similar to Applicant embodiment Fig 12) said body (majority of 51) as 51 contacts 13 through 61) from said bearing shield but Domyo does not explicitly disclose usage in a motor vehicle and said arms being integrally formed with said body.
Domyo further discloses usage in a motor vehicle [Page 3, Line 39 discloses “starter motor” and Line 28 “internal combustion engine” which are well known in the art for usage in motor vehicle].
Kodera discloses (Fig 8) integrally formed (Page 9, Lines 35-37) arm (54) with body (51) (to duplicate another integrally molded arm is well known in the art).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed electric motor of Domyo with usage in motor vehicle as is well known in the art in order to function as a starter motor and integrally formed arm as taught by Kodera in order to simplify reduce part count, simplify design and assembly.
Claims 12-13, 19 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Domyo, Kodera and Koch (DE102019202859A1 English translation).
Regarding Claim 12, Domyo in view of Kodera discloses the electric motor according to claim 11. Domyo in view of Kodera further discloses wherein: said bearing shield (Domyo,13) has a elevation (13e) with a base (13b) , said elevation is adjoined by a periphery that extends radially (R) toward an outside (R) relative to the rotor axis (Aa); said body (51) is supported on said base (13b) of said elevation; and said arms (74) are fastened (75) to said periphery (13b periphery). Domyo in view of Kodera does not explicitly disclose a pot-shaped elevation.
Koch discloses (Figs 3a, 3b) a pot-shaped elevation (52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed electric motor of Domyo in view of Kodera with pot shaped elevation of bearing shield as taught by Koch in order to have design choice of axial and radial space that is required to mount various components such as sensor, bearing, connection element while at the same time optimizing material usage.
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Regarding Claim 13, Domyo in view of Kodera and Koch discloses the electric motor according to claim 12. Domyo in view of Kodera and Koch does disclose sensor support (51) but does not explicitly disclose it has webs, which project parallel to the rotor axis and are connected to one another and rest on said base, are integrally molded proximal to said base on said body.
Kodera further discloses (Fig 4) wherein support (51) has webs (73,74,75,76 ),which project parallel to the rotor axis (perpendicular to plane of Fig 4) and are connected to one another and rest on said base (61) , are integrally molded (Page 9, Line 35) proximal to said base on said body (51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed electric motor in view of Domyo , Kodera and Koch with sensor support having webs as further taught by Kodera in order to provide sufficient radial and circumferential strength while reducing material as well as creep and deformation due to excess material.
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Regarding Claim 19, Domyo in view of Kodera discloses the electric motor according to claim 11. Domyo in view of Kodera does not explicitly disclose wherein said sensor has a plurality of fastening holes formed therein; further comprising a plurality of contact pins, in part running parallel to the rotor axis, are embedded in said body by press-fitting technology, said contact pins being in each case guided through a corresponding one of said fastening holes of said sensor.
Koch discloses (Figs 4-5) wherein said sensor (31) has a plurality of fastening holes (69) formed therein; further comprising a plurality of contact pins (70), in part running parallel (Fig 5)to the rotor axis (AA), are embedded in said body (33) by press-fitting technology [Para 0026 discloses “The first ends 71 can be designed as press-fit contacts 74”], said contact pins being in each case guided through a corresponding one of said fastening holes of said sensor (Fig 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed electric motor in view of Domyo and Kodera with press fit contact pins as taught by Koch in order to have an easy way to connect sensor and retain structural and electrical integrity of terminals with circuit board.
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Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable in view of Domyo, Kodera and Takahashi (US20210305884A1).
Regarding Claim 16, Domyo in view of Kodera discloses the electric motor according to claim 14. Domyo in view of Kodera further discloses said fasteners (Domyo,75) of said bearing shield (13) but does not explicitly disclose each of said fasteners is a wobble rivet.
Takahashi discloses (Figs 15A-15C) each of said fasteners (442) is a wobble rivet (Figs 14A-15C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed electric motor of Domyo in view of Kodera with wobble rivets as fasteners as taught by Takahashi in order to have an easy way to connect two mating bodies with structural integrity while not requiring much dimensional accuracy and time as some other fastening methodologies may require.
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Claims 20,22 are rejected under 35 U.S.C. 103 as being unpatentable in view of Domyo, Kodera and Yun (US20210039619A1).
Regarding Claim 20, Domyo in view of Kodera discloses the electric motor according to claim 11. but does not explicitly disclose wherein the ancillary unit is an electromechanical brake booster.
Yun discloses (Fig 1) wherein the ancillary unit 92) is an electromechanical brake booster (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed electric motor of Domyo in view of Kodera with usage in electromechanical brake booster as taught by Yun in order to assist by creating pressure in the braking of a vehicle.
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Regarding Claim 22, Domyo in view of Kodera discloses the ancillary unit according to claim 21 but does not explicitly disclose wherein the ancillary unit is an electromechanical brake booster.
Yun discloses (Fig 1) wherein the ancillary unit 92) is an electromechanical brake booster (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed ancillary unit of Domyo in view of Kodera with usage in electromechanical brake booster as taught by Yun in order to assist by creating pressure in the braking of a vehicle.
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 VISWANATHAN SUBRAMANIAN whose telephone number is (571)272-4814. The examiner can normally be reached Monday - 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, Christopher M Koehler can be reached at 5712723560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VISWANATHAN SUBRAMANIAN/Examiner, Art Unit 2834
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