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 .
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 6 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.
Claim 6 recites recites the limitation "…the rotating electrical machine operates in the energy storage mode…" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim as there were no previously introduced storage modes that the electrical machine can operate in.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu (CN 108237890 A).
Claim 1
Wu teaches: A rotating electrical machine (Fig. 1) comprises:
a frame (1);
a rotating device including a rotor (6) and a shaft (2) fixed to the center of the rotor (6);
a first stator (5);
a second stator (10);
the rotating device, the first stator (5) and the second stator (10) being respectively accommodated inside the frame (1) in a way that the rotor (6) is configured to rotate by electromagnetically interacting with the first stator (5) or/and the second stator (10), and the shaft (2) rotates together with the rotor (6); and
a flywheel (3) coupled to one end of the shaft (2) and driven thereby.
Claim 3/1
Wu teaches:The rotating electrical machine (Fig. 1) of claim 1, wherein the first stator (5) and the second stator (10) are arranged in sequence and spaced apart along the axis of the rotating shaft (2) to share the rotor (6).
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.
Claim(s) 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (CN 108237890 A) in view of Roesel(US 5990590 A).
Claim 2/1
Wu teaches:The rotating electrical machine (Fig. 1) of claim 1, but is silent to: further comprises a cooling fan or another flywheel coupled to the opposite end of the shaft and driven thereby.
The concept of providing flywheels/fans on two opposing ends of an electrical machine is a practical teaching within the art however. Roesel, for example conveys this teaching as they disclose a teaching of an electrical machine 10 comprising cooling fans 90 and 90A respectively positioned on opposite axial ends of the rotating electrical machine so that during operation of the rotor the fans will blow air over fins 24 and 24A on the end bells and thus remove heat that develops in stators 50A and 50B and is conducted thereto by the air movement inside the casing (para. 8).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu’s rotating electrical machine such that it further comprises a cooling fan or another flywheel coupled to the opposite end of the shaft and driven thereby. Employing an additional flywheel/fan would improve the overall thermal efficiency of the machine by removing heat and promoting the flow of cooling air across the device (para. 8).
Claim 6/3/1
Wu teaches:The rotating electrical machine (Fig. 1) of claim 3, wherein the first stator (5) includes a first input and/or output end (where battery 7 connects, see Fig. 1), and the second stator (10) includes a second input and/or output end (where controller 11 connects, see Fig. 1), thereby when both the first stator (5) and the second stator (10) are connected to an external power supply (battery 7) through their respective input ends, the rotating electrical machine (Fig. 1) operates in the energy storage mode (by way of stator and rotor generating current to charge battery 7, Description, para. 4), conversely, when only the first input end of the first stator (5) is connected to the external power supply (battery 7), the rotating electrical machine (Fig. 1) can output electrical energy (via induction influenced by controller 11, Description, para. 4) through the second output end of the second stator (10).
Wu is silent to: both the first stator and the second stator [being] connected to an external power supply through their respective input ends;
The concept of configuring two stators on an electrical machine as it relates to flywheels to both be connected to an external power supply through their respective input ends is a known concept within the art. Such a teaching is taught by Roesel as they disclose a teaching of an electrical machine 10 comprising two stators 50A and 50B each comprising separate electrical leads 54 and 54A each connected to an AC power source (para. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu’s rotating electrical machine such that both the first stator and the second stator are connected to an external power supply through their respective input ends. Connecting both stators of Wu’s flywheel rotational electrical machine to an external power supply through their respective ends allows each stator to actively contribute to electromagnetic torque generation, thereby increasing overall power density and efficiency.
Claim(s) 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (CN 108237890 A) in view of Fradella (US 20100283340 A1).
Claim 4/1
Wu teaches: The rotating electrical machine (Fig. 1) of claim 1, but is silent to: wherein the rotor includes a plurality of permanent magnet pieces disposed on either a certain part or the entire core portion.
The concept of configuring a rotor to comprise of permanent magnets disposed on its core is a well known concept however within the art, especially as it relates to rotating electrical machines with flywheels. Fradella discloses such a teaching in their disclosure of a rotating electrical machine comprising a flywheel assembly with a rotor core (15) comprised of affixed alternated-pole permanent-magnet array (14).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu’s rotating electrical machine such that the rotor includes a plurality of permanent magnet pieces disposed on either a certain part or the entire core portion. Incorporating permanent magnets on a rotor core enhances the efficiency and responsiveness of the electrical machine by providing a constant magnetic field without requiring external excitation.
Claim 5/4/1
Wu as modified by Fradella teaches: The rotating electrical machine (Fig. 1) of claim 4, wherein each permanent magnet piece is spacedly disposed around the shaft (2), and the magnetic pole of each permanent magnet piece is opposite to that of the adjacent permanent magnet piece (as taught by Fradella, see. Fig. 4).
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/eter minal-disclaimer.
Claims 7-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims of U.S. Application No. 18640912. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims share the following limitations:
Instant Application: 18640312
Conflicting Application: 18640912
Claim 7/1: { The rotating electrical machine of claim 1, wherein the flywheel comprises } 1
{ a disc-shaped body coupled to the shaft of the rotating device, } 2
{ a pair of ball screw devices and a pair of masses; each of the ball screw devices includes a screw shaft and a pair of ball nuts, the screw shaft is radially pivoted within the disc-shaped body and has a middle section, a left section having forward threads, and a right section having reverse threads, one of the two nuts is screwed to the left section and the other ball nut is screwed to the right section, allowing each of the ball nuts can move back and forth between a starting position and an ending position; and one of the masses is coupled to the ball nuts screwed to the left sections of the screw shafts and the other mass is coupled to the ball nuts screwed to the right sections of the screw shafts so that the masses can approach or move away from the middle section synchronously, thereby allowing the moment of inertia of the flywheel to be variable. } 3
Claim 1: { A flywheel device, comprising:} 1
{ a disc-shaped body to be coupled to an external driving source; } 2
{ a pair of ball screw members; a pair of masses; each of the ball screw members including a screw shaft and a pair of ball nuts;
the screw shaft radially pivoted within the disc-shaped body and having a middle section, a left section having forward threads, and a right section having reverse threads,
one of the ball nuts screwed to the left section and the other ball nut screwed to the right section to allow each of the ball nuts moving back and forth between a starting position and an ending position; and
one of the masses being coupled to the ball nuts screwed to the left sections of the screw shafts and the other mass being coupled to the ball nuts screwed to the right sections of the screw shafts to allow the masses approaching or moving away from the middle section synchronously, thereby enabling the moment of inertia of the flywheel to be variable. } 3
Allowable Subject Matter
Claims 13-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 13/1
Claim 13 is allowed.
The following is a statement of reasons for the indication of allowable subject matter:
As for claim 13, Wu teaches: An operating method (operation disclosed in para. 2, see Wu’s Specific executing examples in specifications) of the rotating electrical machine (Fig. 1) of claim 1;
The prior art fails to teach or fairly suggest, alone or in obvious combination, inter alia:
The electrical machine of claim 1 comprising the following steps: preparing a rotating electrical machine of claim 1;
connecting the first and second stators to an external power supply to drive the flywheel to a certain rotational speed;
disconnecting the first and second stators or only the second stator from the external power supply to operate the rotating electrical machine in energy release mode or in both energy storage and release modes simultaneously; and
reconnecting the first and second stators or only the second stator to the external power supply when the moment of inertia of the flywheel is reduced to a certain value to operate the rotating electrical machine in energy storage mode.
Claims 14-15 stand allowed over all prior art based on their virtue of depending on claim 13.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED F SECK whose telephone number is (571)272-4638. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koehler can be reached at (571) 272-3560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED F SECK/Examiner, Art Unit 2834
/MAGED M ALMAWRI/Primary Patent Examiner, Art Unit 2834