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 .
Status of Claims
Claims 16-22 and 24-36 are rejected. Claims 1-15 and 23 are canceled.
Response to Arguments
Claim Objections
The previous claim objection of claim 20 has been withdrawn in view of the amendment.
Claim Rejections - 35 USC § 112
The previous 112(b) rejections have been withdrawn in view of the amendment.
Claim Rejections - 35 USC § 103
Applicant’s arguments with respect to claims 16-22 and 24-36 have been considered but are moot in view of the new grounds of rejection issued in this Non-Final 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 following limitations must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
first winding layer,
the second winding layer,
in the first winding layer, the wires are placed exactly side by side along their length without gaps or crossovers,
a second winding layer of the coil winding by winding the wires at least partially on and over the inner sleeve of the stator such that the second winding layer is disposed over the first winding layer of the coils winding,
in the second winding layer, the wires are placed exactly side by side along their length without gaps or crossovers,
providing a plurality of controllable wire sections in the first and second winding layers by providing two terminals for each wire section of the plurality of controllable wire sections, and
wherein the plurality of controllable wire sections are controllable to generate a rotating magnetic field for rotating the rotor.
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 Objections
Claim 26 is objected to because of the following informalities: “μm” should recite –micrometer (μm)--. Appropriate correction is required.
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.
Claim 26 is 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.
The term “about” in claim 26 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the use of the term “about” renders the wall thickness of the inner sleeve indefinite.
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.
Claims 16-18, 24-31, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Schumacher (US 20160250400 filed on 10/9/14) in view of Siess ‘466 (US 20040046466 filed on 5/22/03).
Regarding claim 16, Schumacher teaches a method for manufacturing an electric motor of an intravascular blood pump (¶28-the invention also relates to a pump, in particular blood pump), the electric motor comprising a stator and a rotor (¶7-the motor according to the invention has a stator and a rotor), the method comprising: forming a first winding layer of a coil winding of the stator by winding wires of the coil at least partially on and over a stator (¶18-the winding arrangement has at least two sub-windings; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b), in the first winding layer, the wires are placed exactly side by side along their length without gaps or crossovers (Fig. 5-sub-winding 7 are arranged side by side without gaps or crossovers); forming a second winding layer of the coil winding by winding the wires at least partially on and over the stator (¶18-the winding arrangement has at least two sub-windings; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b, wherein each radially inner part is overlaid by the following sub-winding 8 , more specifically by the radially external part thereof. In this way, a roof-tile-like nesting of the sub-windings is provided along the circumferential line of the stator) such that the second winding layer is disposed over the first winding layer of the coils winding (¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement) and, in the second winding layer, the wires are placed exactly side by side along their length without gaps or crossovers (Fig. 5-sub-winding 8 are arranged side by side without gaps or crossovers); and providing a plurality of controllable wire sections in the first and second winding layers by providing two terminals for each wire section of the plurality of controllable wire sections (¶66-each sub-winding consists of a plurality of windings of a lead and has two electrical terminals for voltage supply and current feed. The winding arrangement as a whole may also have terminal leads or electrical terminals; ¶67-the individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement), wherein the plurality of controllable wire sections are controllable to generate a rotating magnetic field for rotating the rotor (¶75-driven in the magnetic field of the winding arrangement; ¶79-FIG. 18 shows a device consisting of a stator according to FIG. 7 having the windings 7 , 8 already described there. A magnetic rotor 1 ″, to which a radially compressible pump rotor 29 is connected in such a way that it can rotate jointly with the rotor 1 ″ about the same axis, is located in this stator; ¶73).
However, Schumacher does not explicitly teach an inner sleeve of a stator.
Siess ‘466 relates to a micromotor with a stator comprising a sleeve with an excitation winding and an enveloping flux return structure of spaced ferromagnetic rings, and particularly a micromotor combined with a pump portion and forming an impeller pump (¶1). Siess ‘466 further teaches the invention using the following step:
an inner sleeve of a stator (¶14-the stator 15 consists of a tubular sleeve 17).
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 the invention of Schumacher to include an inner sleeve of a stator of Siess ‘466 in order to contain wires connected to the excitation winding and are used to determine the rotational speed of the motor (Siess ‘466, ¶15).
Regarding claim 17, the combination of Schumacher and Seiss ‘466 teaches the method of claim 16, further comprising encapsulating the first winding layer and the second winding layer in a casting compound (Schumacher, ¶19-the entire winding arrangement, may also be cast in a resilient material of this type; ¶65).
Regarding claim 18, the combination of Schumacher and Seiss ‘466 teaches the method of claim 17, wherein the casting compound is a polymer material (Schumacher, ¶65-a casting of the entire winding arrangement or individual sub-windings in a resilient material, such as a silicone elastomer or a rubber).
Regarding claim 24, the combination of Schumacher and Siess ‘466 teaches the method of claim 16, wherein the wires in the second winding layer are offset from the wires in the first winding layer, such that the wires in the second winding layer nest between the wires in the first winding layer (Schumacher, ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b , wherein each radially inner part is overlaid by the following sub-winding 8 , more specifically by the radially external part thereof. In this way, a roof-tile-like nesting of the sub-windings is provided along the circumferential line of the stator; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶68-over the circumference of which the part-cylindrical sub-windings are distributed in a manner overlapping one another and offset relative to one another in the circumferential direction).
Regarding claim 25, Schumacher teaches a method for manufacturing an electric motor for an intravascular blood pump (¶28-the invention also relates to a pump, in particular blood pump), the electric motor comprising a stator and a rotor (¶7-the motor according to the invention has a stator and a rotor), the method comprising: arranging a pre-wound coil winding on the stator, the pre-wound coil winding comprising wires forming a first winding layer (¶18-the winding arrangement has at least two sub-windings; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b) and a second winding layer disposed over the first winding layer (¶18-the winding arrangement has at least two sub-windings; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b, wherein each radially inner part is overlaid by the following sub-winding 8 , more specifically by the radially external part thereof. In this way, a roof-tile-like nesting of the sub-windings is provided along the circumferential line of the stator), wherein, in the first winding layer, the wires are placed exactly side by side along their length without gaps or crossovers (Fig. 5-sub-winding 7 are arranged side by side without gaps or crossovers), and, in the second winding layer, the wires are placed exactly side by side along their length without gaps or crossovers (Fig. 5-sub-winding 8 are arranged side by side without gaps or crossovers); and providing a plurality of controllable wire sections in the first and second winding layers by providing two terminals for each wire section of the plurality of controllable wire sections (¶66-each sub-winding consists of a plurality of windings of a lead and has two electrical terminals for voltage supply and current feed. The winding arrangement as a whole may also have terminal leads or electrical terminals; ¶67-the individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement), wherein the plurality of controllable wire sections are controllable to generate a rotating magnetic field for rotating the rotor (¶75-driven in the magnetic field of the winding arrangement; ¶79-FIG. 18 shows a device consisting of a stator according to FIG. 7 having the windings 7 , 8 already described there. A magnetic rotor 1 ″, to which a radially compressible pump rotor 29 is connected in such a way that it can rotate jointly with the rotor 1 ″ about the same axis, is located in this stator; ¶73).
However, Schumacher does not explicitly teach providing an inner sleeve of the stator, the inner sleeve comprising a cavity configured to receive the rotor.
Siess ‘466 teaches providing an inner sleeve of the stator, the inner sleeve comprising a cavity configured to receive the rotor(¶15-the sleeve 17 including the excitation winding 24 consists of a plastic layer with embedded wires and a thickness of about 0.2 mm. The wires are wound in two layers corresponding to a given configuration. Between the stator 15 and the rotor 16, there is a narrow gap in the dimensional range of one tenth of a millimeter; Fig. 2-rotor 16 and tubular sleeve 17).
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 the invention of Schumacher to include providing an inner sleeve of the stator, the inner sleeve comprising a cavity configured to receive the rotor of Siess ‘466 in order to contain wires connected to the excitation winding and are used to determine the rotational speed of the motor (Siess ‘466, ¶15).
Regarding claim 26, the combination of Schumacher and Siess ‘466 teaches the method of claim 25, wherein a wall thickness of the inner sleeve is about 20 μm to about 100 μm (Siess ‘466, ¶15-the sleeve 17 including the excitation winding 24 consists of a plastic layer with embedded wires and a thickness of about 0.2 mm; ¶20-the wall thickness of the enveloping flux return structure amounts to about 0.25 mm).
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 the invention of Schumacher to include wherein a wall thickness of the inner sleeve is about 20 μm to about 100 μm of Siess ‘466 in order to contain wires connected to the excitation winding and are used to determine the rotational speed of the motor (Siess ‘466, ¶15).
Regarding claim 27, the combination of Schumacher and Siess ‘466 teaches the method of claim 25, further comprising attaching an end piece to an axial end of the inner sleeve (Siess ‘466, ¶14-at the rear end, the shaft 13 is supported in the sleeve 17 by means of a ball bearing 20 and at the front end facing the impeller 12, it is supported in a sealing bearing 21; Fig. 2).
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 the invention of Schumacher to include attaching an end piece to an axial end of the inner sleeve of Siess ‘466 in order to support the shaft (Siess ‘466, ¶14).
Regarding claim 28, the combination of Schumacher and Siess ‘466 teaches the method of claim 27, wherein the end piece includes a bearing (Siess ‘466, ¶14-at the rear end, the shaft 13 is supported in the sleeve 17 by means of a ball bearing 20 and at the front end facing the impeller 12, it is supported in a sealing bearing 21).
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 the invention of Schumacher to include wherein the end piece includes a bearing of Siess ‘466 in order to support the shaft (Siess ‘466, ¶14).
Regarding claim 29, the combination of Schumacher and Siess ‘466 teaches the method of claim 28, wherein the end piece forms a fluid tight connection when attached to the inner sleeve (Siess ‘466, ¶14-at the rear end, the shaft 13 is supported in the sleeve 17 by means of a ball bearing 20 and at the front end facing the impeller 12, it is supported in a sealing bearing 21).
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 the invention of Schumacher to include wherein the end piece forms a fluid tight connection when attached to the inner sleeve of Siess ‘466 in order to support the shaft (Siess ‘466, ¶14).
Regarding claim 30, the combination of Schumacher and Siess ‘466 teaches the method of claim 25, further comprising encapsulating the first winding layer and the second winding layer in a casting compound (Schumacher, ¶19-the entire winding arrangement, may also be cast in a resilient material of this type; ¶65).
Regarding claim 31, the combination of Schumacher and Siess ‘466 teaches the method of claim 30, wherein the casting compound is a polymer material (Schumacher, ¶65-a casting of the entire winding arrangement or individual sub-windings in a resilient material, such as a silicone elastomer or a rubber).
Regarding claim 36, the combination of Schumacher and Siess ‘466 teaches the method of claim 25, wherein the wires in the second winding layer are offset from the wires in the first winding layer, such that the wires in the second winding layer nest between the wires in the first winding layer (Schumacher, ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b , wherein each radially inner part is overlaid by the following sub-winding 8 , more specifically by the radially external part thereof. In this way, a roof-tile-like nesting of the sub-windings is provided along the circumferential line of the stator; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶68-over the circumference of which the part-cylindrical sub-windings are distributed in a manner overlapping one another and offset relative to one another in the circumferential direction).
Claims 19 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Schumacher in view of Siess ‘466 as applied to claims 16-18, 24-31, and 36 above, and further in view of Siess ‘620 (US 7011620 filed on 11/3/00 as cited in the IDS).
Regarding claim 19, the combination of Schumacher and Siess ‘466 teaches the method of claim 18. However, the combination of Schumacher and Siess ‘466 does not teach wherein the polymer material is a resin or a two-component epoxy.
Siess ‘620 teaches wherein the polymer material is a resin or a two-component epoxy (col. 3 and lines 58-60-this wire structure, while placed in an injection mold, will subsequently be enmolded by the synthetic resin 18 which is an epoxide resin).
Siess ‘620 relates to an intravascular blood pump comprising a housing accommodating an electric motor, with the proximal end of the housing being connected to a catheter and the distal end thereof carrying a pump. (col. 1 and lines 1-6).
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 the invention of Schumacher to include wherein the polymer material is a resin or a two-component epoxy of Siess ‘620 because the epoxide resin is of high mechanical stability (Siess ’620, col. 3 and lines 61-62).
Regarding claim 32, the combination of Schumacher and Siess ‘466 teaches the method of claim 31. However, the combination of Schumacher and Siess ‘466 does not teach wherein the polymer material is a resin or a two-component epoxy.
Siess ‘620 teaches wherein the polymer material is a resin or a two-component epoxy (col. 3 and lines 58-60-this wire structure, while placed in an injection mold, will subsequently be enmolded by the synthetic resin 18 which is an epoxide resin).
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 the invention of Schumacher to include wherein the polymer material is a resin or a two-component epoxy of Siess ‘620 because the epoxide resin is of high mechanical stability (Siess ‘620, col. 3 and lines 61-62).
Claims 20 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Schumacher in view of Siess ‘466 as applied to claims 16-18, 24-31, and 36 above, and further in view of Klee (US 20100261140 filed on 3/27/08 as cited in the IDS).
Regarding claim 20, the combination of Schumacher and Siess ‘466 teaches the method of claim 16. However, the combination of Schumacher and Siess ‘466 does not teach wherein the inner sleeve is ceramic.
Klee teaches wherein the inner sleeve is ceramic (¶35-forming the inner sleeve 41 of a ceramic material).
Klee relates to an electric motor which is provided for use in a dental, dental-medical or dental-technical handpiece, and a stator therefore. In particular the present invention relates to a so-called collectorless motor (¶1).
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 the invention of Schumacher to include wherein the inner sleeve is ceramic of Klee because of the advantages obtained with regard to wear resistance, the high hardness of the inner sleeve as well as a better resistance to warping (Klee, ¶35).
Regarding claim 33, the combination of Schumacher and Siess ‘466 teaches the method of claim 25. However, the combination of Schumacher and Siess ‘466 does not teach wherein the inner sleeve is ceramic.
Klee teaches wherein the inner sleeve is ceramic (¶35-forming the inner sleeve 41 of a ceramic material).
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 the invention of Schumacher to include wherein the inner sleeve is ceramic of Klee because of the advantages obtained with regard to wear resistance, the high hardness of the inner sleeve as well as a better resistance to warping (Klee, ¶35).
Claims 21-22 and 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Schumacher in view of Siess ‘466 as applied to claims 16-18, 24-31, and 36 above, and further in view of Siess ‘817 (WO 0139817 filed on 11/3/00).
Regarding claim 21, the combination of Schumacher and Siess ‘466 teaches the method of claim 16. However, the combination of Schumacher and Siess ‘466 does not teach wherein the plurality of controllable wire sections are secured to each other by an insulating coating.
Siess ‘817 teaches wherein the plurality of controllable wire sections are secured to each other by an insulating coating (page 3, ¶5-wires are surrounded by an insulating jacket 33a).
Siess ‘817 relates to an intravascular blood pump having a housing containing an electric motor which is connected at the proximal end to a catheter and carries a pump at the distal end (page 1, ¶1).
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 the invention of Schumacher to include wherein the plurality of controllable wire sections are secured to each other by an insulating coating of Siess ‘817 in order to serve as a friction protection for the winding in order to prevent the rotor from damaging the winding in the event of mechanical contact (Siess ‘817, page 2, ¶3).
Regarding claim 22, the combination of Schumacher, Siess ‘466, and Siess ‘817 teaches the method of claim 21, wherein the insulating coating comprises a thermosetting varnish (Siess ‘817, page 3, ¶5-wires are surrounded by an insulating jacket 33a. The insulating jackets are in turn coated with a baking lacquer 33b).
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 the invention of Schumacher to include wherein the insulating coating comprises a thermosetting varnish of Siess ‘817 because the baking lacquer serves exclusively as a prefixing of the winding wires in order to facilitate handling of the coil during the manufacturing process (Siess ‘817, page 3, ¶5).
Regarding claim 34, the combination of Schumacher and Siess ‘466 teaches the method of claim 25. However, the combination of Schumacher and Siess ‘466 does not teach wherein the plurality of controllable wire sections are secured to each other by an insulating coating.
Siess ‘817 teaches wherein the plurality of controllable wire sections are secured to each other by an insulating coating (page 3, ¶5-wires are surrounded by an insulating jacket 33a).
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 the invention of Schumacher to include wherein the plurality of controllable wire sections are secured to each other by an insulating coating of Siess ‘817 in order to serve as a friction protection for the winding in order to prevent the rotor from damaging the winding in the event of mechanical contact (Siess ‘817, page 2, ¶3).
Regarding claim 35, the combination of Schumacher, Siess ‘466, and Siess ‘817 teaches the method of claim 34, wherein the insulating coating comprises a thermosetting varnish (Siess ‘817, page 3, ¶5-wires are surrounded by an insulating jacket 33a. The insulating jackets are in turn coated with a baking lacquer 33b).
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 the invention of Schumacher to include wherein the insulating coating comprises a thermosetting varnish of Siess ‘817 because the baking lacquer serves exclusively as a prefixing of the winding wires in order to facilitate handling of the coil during the manufacturing process (Siess ‘817, page 3, ¶5).
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 16-20, 24, 25-33, and 36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12017058 in view of Schumacher (US 20160250400) and Siess ‘466 (US 20040046466).
This is a nonstatutory double patenting rejection. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the U.S. Patent to include the subject matter in Schumacher and Siess ‘466 as shown below.
Claims of the Present Application (18/639133)
Claims of US Patent 12017058
Secondary Reference Schumacher (US 20160250400)
Secondary Reference Siess ‘466 (US 20040046466)
16
1, 2, 13
Schumacher teaches forming a first winding layer of a coil winding of the stator by winding wires of the coil at least partially on and over a stator (¶18-the winding arrangement has at least two sub-windings; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b), in the first winding layer, the wires are placed exactly side by side along their length without gaps or crossovers (Fig. 5-sub-winding 7 are arranged side by side without gaps or crossovers); forming a second winding layer of the coil winding by winding the wires at least partially on and over the stator (¶18-the winding arrangement has at least two sub-windings; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b, wherein each radially inner part is overlaid by the following sub-winding 8 , more specifically by the radially external part thereof. In this way, a roof-tile-like nesting of the sub-windings is provided along the circumferential line of the stator) such that the second winding layer is disposed over the first winding layer of the coils winding (¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement) and, in the second winding layer, the wires are placed exactly side by side along their length without gaps or crossovers (Fig. 5-sub-winding 8 are arranged side by side without gaps or crossovers); and providing a plurality of controllable wire sections in the first and second winding layers by providing two terminals for each wire section of the plurality of controllable wire sections (¶66-each sub-winding consists of a plurality of windings of a lead and has two electrical terminals for voltage supply and current feed. The winding arrangement as a whole may also have terminal leads or electrical terminals; ¶67-the individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement), wherein the plurality of controllable wire sections are controllable to generate a rotating magnetic field for rotating the rotor (¶75-driven in the magnetic field of the winding arrangement; ¶79-FIG. 18 shows a device consisting of a stator according to FIG. 7 having the windings 7 , 8 already described there. A magnetic rotor 1 ″, to which a radially compressible pump rotor 29 is connected in such a way that it can rotate jointly with the rotor 1 ″ about the same axis, is located in this stator; ¶73). 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 the invention of the US Patent to include forming a first winding layer of a coil winding of the stator by winding wires of the coil at least partially on and over a stator such that, in the first winding layer, the wires are placed exactly side by side along their length without gaps or crossovers; forming a second winding layer of the coil winding by winding the wires at least partially on and over the stator such that the second winding layer is disposed over the first winding layer of the coils winding and, in the second winding layer, the wires are placed exactly side by side along their length without gaps or crossovers; and providing a plurality of controllable wire sections in the first and second winding layers by providing two terminals for each wire section of the plurality of controllable wire sections, wherein the plurality of controllable wire sections are controllable to generate a rotating magnetic field for rotating the rotor of Schumacher in order to produce pumps of particularly small structure; in particular it is advantageous for pumps having a very small radial diameter to be brought to a site of use and then radially expanded there in order to provide the actual pump performance (Schumacher, ¶28) for the magnet arrangement of the rotor, supported by two bearings, can rotate (Schumacher, ¶73).
Siess '466 teaches an inner sleeve of a stator (¶14-the stator 15 consists of a tubular sleeve 17). 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 the invention of the US Patent to include an inner sleeve of a stator of Siess ‘466 in order to contain wires connected to the excitation winding and are used to determine the rotational speed of the motor (Siess ‘466, ¶15).
17
10, 15
18
10, 15
19
10, 15
20
1, 3, 13, 14
24
Schumacher teaches wherein the wires in the second winding layer are offset from the wires in the first winding layer, such that the wires in the second winding layer nest between the wires in the first winding layer (Schumacher, ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b , wherein each radially inner part is overlaid by the following sub-winding 8 , more specifically by the radially external part thereof. In this way, a roof-tile-like nesting of the sub-windings is provided along the circumferential line of the stator; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶68-over the circumference of which the part-cylindrical sub-windings are distributed in a manner overlapping one another and offset relative to one another in the circumferential direction). 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 the invention of the US Patent to include wherein the wires in the second winding layer are offset from the wires in the first winding layer, such that the wires in the second winding layer nest between the wires in the first winding layer of Schumacher in order to produce pumps of particularly small structure; in particular it is advantageous for pumps having a very small radial diameter to be brought to a site of use and then radially expanded there in order to provide the actual pump performance (Schumacher, ¶28) for the magnet arrangement of the rotor, supported by two bearings, can rotate (Schumacher, ¶73).
25
1, 2, 13
Schumacher teaches arranging a pre-wound coil winding on the stator, the pre-wound coil winding comprising wires forming a first winding layer (¶18-the winding arrangement has at least two sub-windings; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b) and a second winding layer disposed over the first winding layer (¶18-the winding arrangement has at least two sub-windings; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b, wherein each radially inner part is overlaid by the following sub-winding 8 , more specifically by the radially external part thereof. In this way, a roof-tile-like nesting of the sub-windings is provided along the circumferential line of the stator), wherein, in the first winding layer, the wires are placed exactly side by side along their length without gaps or crossovers (Fig. 5-sub-winding 7 are arranged side by side without gaps or crossovers), and, in the second winding layer, the wires are placed exactly side by side along their length without gaps or crossovers (Fig. 5-sub-winding 8 are arranged side by side without gaps or crossovers); and providing a plurality of controllable wire sections in the first and second winding layers by providing two terminals for each wire section of the plurality of controllable wire sections (¶66-each sub-winding consists of a plurality of windings of a lead and has two electrical terminals for voltage supply and current feed. The winding arrangement as a whole may also have terminal leads or electrical terminals; ¶67-the individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement), wherein the plurality of controllable wire sections are controllable to generate a rotating magnetic field for rotating the rotor (¶75-driven in the magnetic field of the winding arrangement; ¶79-FIG. 18 shows a device consisting of a stator according to FIG. 7 having the windings 7 , 8 already described there. A magnetic rotor 1 ″, to which a radially compressible pump rotor 29 is connected in such a way that it can rotate jointly with the rotor 1 ″ about the same axis, is located in this stator; ¶73). 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 the invention of the US Patent to include arranging a pre-wound coil winding on the stator, the pre-wound coil winding comprising wires forming a first winding layer and a second winding layer disposed over the first winding layer, wherein, in the first winding layer, the wires are placed exactly side by side along their length without gaps or crossovers, and, in the second winding layer, the wires are placed exactly side by side along their length without gaps or crossovers; and providing a plurality of controllable wire sections in the first and second winding layers by providing two terminals for each wire section of the plurality of controllable wire sections, wherein the plurality of controllable wire sections are controllable to generate a rotating magnetic field for rotating the rotor of Schumacher in order to produce pumps of particularly small structure; in particular it is advantageous for pumps having a very small radial diameter to be brought to a site of use and then radially expanded there in order to provide the actual pump performance (Schumacher, ¶28) for the magnet arrangement of the rotor, supported by two bearings, can rotate (Schumacher, ¶73).
Siess ‘466 teaches an inner sleeve (¶15-the sleeve 17 including the excitation winding 24 consists of a plastic layer with embedded wires and a thickness of about 0.2 mm. The wires are wound in two layers corresponding to a given configuration. Between the stator 15 and the rotor 16, there is a narrow gap in the dimensional range of one tenth of a millimeter; Fig. 2-rotor 16 and tubular sleeve 17). 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 the invention of the US Patent to include an inner sleeve of Siess ‘466 in order to contain wires connected to the excitation winding and are used to determine the rotational speed of the motor (Siess ‘466, ¶15).
26
8
27
3, 14
28
4, 14
29
3, 14
30
10, 15
31
10, 15
32
10, 15
33
1, 3, 13, 14
36
Schumacher teaches wherein the wires in the second winding layer are offset from the wires in the first winding layer, such that the wires in the second winding layer nest between the wires in the first winding layer (Schumacher, ¶69-in FIG. 7 a plurality of sub-windings 7 , 8 of a winding arrangement are shown schematically in a view in the axial direction. The individual sub-windings 7 , 8 each have a radially external part 7 a and a radially inner part 7 b , wherein each radially inner part is overlaid by the following sub-winding 8 , more specifically by the radially external part thereof. In this way, a roof-tile-like nesting of the sub-windings is provided along the circumferential line of the stator; ¶67-the individual sub-windings overlap one another in the circumferential direction of the winding arrangement. The individual sub-windings 7 , 8 of the winding arrangement from FIG. 5 have electrical terminals 9 , 10 for supplying a current to the stator winding arrangement; ¶68-over the circumference of which the part-cylindrical sub-windings are distributed in a manner overlapping one another and offset relative to one another in the circumferential direction). 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 the invention of the US Patent to include wherein the wires in the second winding layer are offset from the wires in the first winding layer, such that the wires in the second winding layer nest between the wires in the first winding layer of Schumacher in order to produce pumps of particularly small structure; in particular it is advantageous for pumps having a very small radial diameter to be brought to a site of use and then radially expanded there in order to provide the actual pump performance (Schumacher, ¶28) for the magnet arrangement of the rotor, supported by two bearings, can rotate (Schumacher, ¶73).
Claims 21-22 and 34-35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12017058 in view of Schumacher, Siess ‘466, and Siess ‘817 (WO 0139817).
This is a nonstatutory double patenting rejection. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the U.S. Patent to include the subject matter in Schumacher, Siess ‘466, and Siess ‘817 as shown below.
Claims of the Present Application (18/639133)
Claims of US Patent 12017058
Secondary Reference Schumacher (US 20160250400)
Secondary Reference Siess ‘466 (US 20040046466)
Secondary Reference Siess ‘817 (WO 0139817)
21
Siess ‘817 teaches wherein the plurality of controllable wire sections are secured to each other by an insulating coating (page 3, ¶5-wires are surrounded by an insulating jacket 33a). 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 the invention of the US Patent to include wherein the plurality of controllable wire sections are secured to each other by an insulating coating of Siess ‘817 in order to serve as a friction protection for the winding in order to prevent the rotor from damaging the winding in the event of mechanical contact (Siess ‘817, page 2, ¶3).
22
Siess '817 teaches wherein the insulating coating comprises a thermosetting varnish (Siess ‘817, page 3, ¶5-wires are surrounded by an insulating jacket 33a. The insulating jackets are in turn coated with a baking lacquer 33b). 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 the invention of the US Patent to include wherein the insulating coating comprises a thermosetting varnish of Siess ‘817 because the baking lacquer serves exclusively as a prefixing of the winding wires in order to facilitate handling of the coil during the manufacturing process (Siess ‘817, page 3, ¶5).
34
Siess ‘817 teaches wherein the plurality of controllable wire sections are secured to each other by an insulating coating (page 3, ¶5-wires are surrounded by an insulating jacket 33a). 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 the invention of the US Patent to include wherein the plurality of controllable wire sections are secured to each other by an insulating coating of Siess ‘817 in order to serve as a friction protection for the winding in order to prevent the rotor from damaging the winding in the event of mechanical contact (Siess ‘817, page 2, ¶3).
35
Siess '817 teaches wherein the insulating coating comprises a thermosetting varnish (Siess ‘817, page 3, ¶5-wires are surrounded by an insulating jacket 33a. The insulating jackets are in turn coated with a baking lacquer 33b). 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 the invention of the US Patent to include wherein the insulating coating comprises a thermosetting varnish of Siess ‘817 because the baking lacquer serves exclusively as a prefixing of the winding wires in order to facilitate handling of the coil during the manufacturing process (Siess ‘817, page 3, ¶5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10449279: the catheter pump can include a drive system comprising a plurality of motor windings configured to induce rotation of the rotatable magnet when the driven magnet housing is engaged with the drive system (col. 2, lines 66-col. 3, line 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA HODGE whose telephone number is (571) 272-7101. The examiner can normally be reached M-F: 8:00 am-5:00 pm.
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, UNSU JUNG can be reached at (571) 272-8506. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/L.N.H./Examiner, Art Unit 3792 /AMANDA L STEINBERG/Examiner, Art Unit 3792
Prosecution Insights