DETAILED ACTION
This is on the merits of Application No. 18/701280, filed on 04/15/2024. Claims 10-18 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS), submitted on 04/15/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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 motor bearing and the fastening element connecting the motor support block to the motor bearing of claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 10 and 17 are objected to because of the following informalities:
Claim 10 line 4 states “the body” and should state --a body--.
Claim 10 line 10 states “the motor bearing” and should state --a motor bearing--.
Claim 17 states “a motor bearing assembly according to claim 10” and should state --the motor bearing assembly according to claim 10--.
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.
Claims 12, 15 and 18 are 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 12 states “wherein the motor support block has two mutually opposite heat protection wings”. This is a double inclusion as claim 10 already establishes “at least one heat protection wing”. It is unclear if these are related or not. It appears they should be related and it is suggested applicant state something to the effect of: “wherein the at least one heat protection wing is two heat protection wings, wherein the two heat protection wings are mutually opposite one another on the motor support block.”
Claim 14 states “wherein the base area has a base area width, wherein the end face has an end face width, wherein the motor support block on the at least one heat protection wing has a span, and wherein the end face width is larger than the base area width and smaller than the span.” It is unclear what the “span” is referring to. The base area is the area of the motor support block that faces the end face of the stop buffer. It appears the “span” would be the combined width of the base area and at least one heat protection wing, but it is not claimed as such. The claim just states that the motor support block is on the at least one heat protection wing and also has a span, thus making it unclear how the span is differentiated from the base area. It is suggested applicant state the span is the combination of the width of the base area and the at least one heat protection wing.
Claim 15 states “perpendicular to the locking pin”. The term “locking pin” lacks antecedent basis. Claim 13 establishes the locking pin and claim 14 establishes the various widths. Is claim 14 meant to depend on claim 13?
Claim 18 states “wherein the motor is mounted by way of exactly one motor bearing assembly having a heat protection wing according to claim 10, and two motor bearing assemblies without heat protection wings.” The term “a heat protection wing” is a double inclusion as it is already established in claim 10. It is also unclear what is required by claim 18. Is it the motor bearing assembly of claim 10? Or just a heat protection wing according to claim 10? The motor bearing assembly of claim 10 already requires a heat protection wing, making it unclear what this claim is trying to state. Further, is the “exactly” term only applied to the motor bearing assembly of claim 10 or is there exactly two further motor bearing assemblies without heat protection wings as well? It is suggested applicant state something to the effect of: “wherein the motor is mounted by way of exactly one of the motor bearing assembly according to claim 10 and two further motor bearing assemblies without heat protection wings.”
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.
Claims 10, 12, 14-15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4858879 to Miyamoto et al.
Miyamoto discloses:
(Claim 10) A motor bearing assembly (10) for a vehicle, wherein an X-axis, a Y-axis and a Z-axis are in each case defined so as to be mutually perpendicular, the motor bearing assembly comprising: a housing (12) to be fastened to the body, and a stop buffer (24) which protrudes from the housing so as to be parallel to the Z-axis, wherein the stop buffer outside the housing has an end face; a motor support block (18) which is to be connected to a motor, wherein the motor support block has a base area that faces the end face; a fastening element (12, 14) which protrudes through the end face so as to be parallel to the Z- axis, and connects the motor support block to the motor bearing; wherein the motor support block has at least one heat protection wing (22, 50), wherein the at least one heat protection wing, conjointly with the base area, completely covers the end face.
(Claim 12) wherein the motor support block has two mutually opposite heat protection wings (see Fig. 1, either side has the heat protection wing).
(Claim 14 as best understood) wherein the base area has a base area width (width of 18, see annotated Fig. 1 below BAW, base area is interpreted as the area directly connected to the housing/heat protection wing), wherein the end face has an end face width (width of 24 EFW), wherein the motor support block on the at least one heat protection wing has a span (span of 22 and 50, SPAN), and wherein the end face width (width of 24) is larger than the base area width (width of 18) and smaller than the span (fits within the span of 22 and 50 and is larger than 18).
(Claim 15) wherein the base area width, the end face width, and the span are defined to be parallel to the Y-axis and perpendicular to the locking pin (element 14, see annotated Fig. 1).
(Claim 17) A vehicle comprising a motor and a motor bearing assembly according to claim 10 (Col. 2 ln 44-45, bearing assembly is used in a motor vehicle).
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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.
Claims 11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Miyamoto.
Miyamoto discloses:
The limitations of claim 10.
Miyamoto does not disclose:
(Claim 11) wherein the at least one heat protection wing is an integral constituent part of the motor support block.
(Claim 16) wherein the at least one heat protection wing parallel to the Z-axis has a thickness of up to 20 mm.
Regarding claim 11, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified, with a reasonable expectation of success, the structure of Miyamoto to have the heat protection wing integral with the motor support block 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.
Regarding claim 16, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified, with a reasonable expectation of success, the structure of Miyamoto to have the heat protection wing with a thickness of up to 20mm since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art.
Allowable Subject Matter
Claim 13 is 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: The prior art of record does not disclose nor render obvious the limitations of claims 13 and 14. Particularly in claim 13, a locking pin inserted through the motor support block and through the fastening element so as to be parallel to the X-axis. The fastening element of Miyamoto is parallel to the Z-axis, thus must be perpendicular to the X-axis. There is also no locking pin, as the fastening element is part of the housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ohta et al (US 7111705) discloses a vibration isolating mount device.
Miyamoto et al (US 2004/0182631) discloses a support structure for transversal engine.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HANNON whose telephone number is (571)270-1943. The examiner can normally be reached Monday - Friday 10-6.
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/TIMOTHY HANNON/Primary Examiner, Art Unit 3655