Prosecution Insights
Last updated: May 29, 2026
Application No. 18/651,566

ELECTROMAGNETIC ROTARY DRIVE AND A CENTRIFUGAL PUMP

Non-Final OA §103
Filed
Apr 30, 2024
Priority
May 22, 2023 — EU 23174493.9
Examiner
DESAI, NAISHADH N
Art Unit
2834
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Levitronix GmbH
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
896 granted / 1095 resolved
+13.8% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
22 currently pending
Career history
1121
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
88.2%
+48.2% vs TC avg
§102
5.2%
-34.8% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1095 resolved cases

Office Action

§103
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 04/30/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 1-15 are objected to because of the following informalities: in claim 1, line 4 from bottom, there appears to be a comma or and or semicolon missing “concentrated windings, a thermal separating element”. Appropriate correction is required. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-5, 11,12, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Schob et al. (US 2021/0254623) in view of Murakami et al. (US 2023/0113162). Regarding claim 1, Schob et al. disclose: An electromagnetic rotary drive (1-3) which is as a temple motor (paras 76-77), comprising: a motor unit (31,214); a control unit (41), the motor unit arranged in a motor housing (35) which has a recess (33,34) to receive a ring-shaped or disk-shaped magnetically effective core (215,225) of a rotor (214,224), the motor unit comprising a bearing and drive stator (31,32, para 73), with which the rotor is capable of being magnetically driven without contact in an operating state about a desired axis of rotation (para 73), which defines an axial direction, and with which the rotor is capable of being magnetically levitated without contact with respect to the stator (para 73), the rotor being actively magnetically levitated in a radial plane perpendicular to the axial direction (A), the stator having a plurality of coil cores (para 77, Fig 5), each coil core of the plurality of coil cores comprising a longitudinal leg so as to define a plurality of longitudinal legs (para 77), each longitudinal leg of the plurality of longitudinal legs extending from a first end in the axial direction to a second end (para 77), and having a transverse leg arranged at the second end in the radial plane, and extending in a radial direction (para 77), the plurality of coil cores arranged around the recess (33,34) with respect to a circumferential direction (Figs 1-5), and a concentrated winding surrounding a respective longitudinal leg of the plurality of longitudinal leg (para 77), and the control unit (41) equipped with electrical energy to control and supply the plurality of concentrated windings (paras 84-91). Schob et al. do not disclose a thermal separating element arranged with respect to the axial direction between the motor unit and the control unit so as to rest against the motor unit and the control unit, and configured to reduce a direct heat flow from the motor unit into the control unit. Murakami et al. teaches an apparatus having a thermal separating element (6, Fig 2, paras 31-33) arranged with respect to the axial direction between the motor unit (5,14,100) and the control unit (7) so as to rest against the motor unit and the control unit, and configured to reduce a direct heat flow from the motor unit into the control unit (since it is cooled via 9, para 35). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Schob et al. to have a thermal separating element arranged with respect to the axial direction between the motor unit and the control unit so as to rest against the motor unit and the control unit, and configured to reduce a direct heat flow from the motor unit into the control unit, as Murakami et al. teaches. The motivation to do so is it would permit one to cool the device as needed (para 9 of Murakami et al.). Regarding claim 2/1, Schob et al. in view of Murakami et al. disclose the invention as discussed above. Schob et al. do not teach wherein a cooling conduit is arranged in the thermal separating element, through which a cooling fluid can is capable of flowing. Murakami et al. teaches wherein a cooling conduit (9) is arranged in the thermal separating element (6), through which a cooling fluid can is capable of flowing (paras 35, 39). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Schob et al. in view of Murakami et al. wherein a cooling conduit is arranged in the thermal separating element, through which a cooling fluid can is capable of flowing, as Murakami et al. teaches. The motivation to do so is it would permit one to cool the device as needed (para 9 of Murakami et al.). Regarding claim 3/1, Schob et al. disclose wherein, with respect to the axial direction, a circuit board (41, Fig 1) with electronic components is arranged between the at plurality of concentrated windings and the transverse leg of each of the plurality of longitudinal legs (paras 80,82). Regarding claim 4/1, Schob et al. in view of Murakami et al. disclose the invention as discussed above. Schob et al. do not teach wherein the control unit comprises a separate control housing arranged adjacent to the motor housing with respect to the axial direction, and the thermal separating element is arranged between the motor housing and the control housing with respect to the axial direction. Murakami et al. teach wherein the control unit (7, Fig 2) comprises a separate control housing (8) arranged adjacent to the motor housing (1,2) with respect to the axial direction, and the thermal separating element (9) is arranged between the motor housing (1,2) and the control housing (8) with respect to the axial direction (14). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Schob et al. in view of Murakami et al. wherein the control unit comprises a separate control housing arranged adjacent to the motor housing with respect to the axial direction, and the thermal separating element is arranged between the motor housing and the control housing with respect to the axial direction, as Murakami et al. teaches. The motivation to do so is it would permit one to cool the device as needed (para 9 of Murakami et al. and be based on available space surrounding the components). Regarding claim 5/4, Schob et al. in view of Murakami et al. disclose the invention as discussed above. Schob et al. do not teach wherein the motor housing and the control housing are arranged without direct physical contact with each other. Murakami et al. teach wherein the motor housing (1,2, Fig 2) and the control housing (8) are arranged without direct physical contact with each other. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Schob et al. in view of Murakami et al. wherein the motor housing and the control housing are arranged without direct physical contact with each other, as Murakami et al. teaches. The motivation to do so is it would permit one to cool the device as needed (para 9 of Murakami et al. and be based on available space surrounding the components). Regarding claim 11/1, Schob et al. disclose wherein the control unit (41) is arranged in the motor housing (35). Regarding claim 12/11, Schob et al. in view of Murakami et al. disclose the invention as discussed above, except wherein the thermal separating element is an integral part of the motor housing. However, it would have been obvious to one having ordinary skills in the art at before the effective filing of the invention to wherein the thermal separating element is an integral part of the motor housing, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S 164 (1893). The motivation to do so would be based on cost, assembly time and ease of repairs and maintenance. Regarding claim 15/1, Schob et al. disclose a centrifugal pump for conveying a fluid, the centrifugal pump comprises: an electromagnetic rotary drive designed according to claim 1 (abstract); and a rotor with a magnetically effective core, which is arranged in the recess in the motor housing (para 62, Fig 2). Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Schob et al. (US 2021/0254623) in view of Murakami et al. (US 2023/0113162), further in view of Leiber (US 20210351668). Regarding claim 6/1, Schob et al. in view of Murakami et al. disclose the invention as discussed above, except wherein the stator comprises a thermal conductive element with a thermal conductive plate arranged between the plurality of coil cores and the thermal separating element with respect to the axial direction, and is in physical contact with the plurality of coil cores or with a back iron by which the first end of each longitudinal leg of the plurality of longitudinal legs is connected to conduct the magnetic flux. Leiber teaches a device wherein the stator comprises a thermal conductive element (Fig 3) with a thermal conductive plate (21) arranged between the plurality of coil cores and the thermal separating element with respect to the axial direction, and is in physical contact with the plurality of coil cores or with a back iron by which the first end of each longitudinal leg of the plurality of longitudinal legs is connected to conduct the magnetic flux (paras 19, 23). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Schob et al. in view of Murakami et al. wherein the stator comprises a thermal conductive element with a thermal conductive plate arranged between the plurality of coil cores and the thermal separating element with respect to the axial direction, and is in physical contact with the plurality of coil cores or with a back iron by which the first end of each longitudinal leg of the plurality of longitudinal legs is connected to conduct the magnetic flux, as Leiber teaches. The motivation to do so is it would permit one to cool the device as needed (para 19 of Leiber). Allowable Subject Matter Claims 7-10, 13, 14 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. The following is a statement of reasons for the indication of allowable subject matter: In claim 7/6 inter alia, the specific limitations of “…wherein the thermal conductive element comprises a plurality of conductive teeth connected to the thermal conductive plate, and each conductive tooth of the plurality of conductive teeth extends in the axial direction and is arranged radially inwardly with respect to the plurality of concentrated windings in an interior space surrounded by the plurality of concentrated windings….”, in the combination as claimed are neither anticipated nor made obvious over the prior art made of record. Claims 8-10 are also allowable for depending on claim 7. In claim 13/11 inter alia, the specific limitations of “…wherein the motor housing comprises an inner cup which is substantially cylindrical, and is arranged radially inwardly with respect to the plurality of concentrated windings in an interior space surrounded by the plurality of concentrated windings.”, in the combination as claimed are neither anticipated nor made obvious over the prior art made of record. Claim 14 is also allowable for 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see PTO-892 for details. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAISHADH N DESAI whose telephone number is (571)270-3038. The examiner can normally be reached 9-5. 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, Christopher M 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. 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. NAISHADH N. DESAI Primary Examiner Art Unit 2834 /NAISHADH N DESAI/Primary Examiner, Art Unit 2834
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Prosecution Timeline

Apr 30, 2024
Application Filed
Feb 19, 2026
Non-Final Rejection mailed — §103
May 19, 2026
Response Filed

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
91%
With Interview (+8.9%)
2y 6m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1095 resolved cases by this examiner. Grant probability derived from career allowance rate.

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