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 . This Office Action is responsive to the Applicant' s communication filed June 8, 2026. In view of this communication, claims 1-2, 4-5, and 7-25 are now pending in the application.
Response to Arguments
Applicant’s arguments, see Page 6, ¶ 4 – Page 6, ¶ 7, filed June 18, 2026, with respect to the drawings have been fully considered and are persuasive. The objection of March 24, 2026 has been withdrawn.
Applicant’s arguments, see Page 8, ¶ 1, filed June 18, 2026, with respect to claims 6-9, 11-15, 19, and 22-23 have been fully considered and are persuasive. The rejection of March 24, 2026 has been withdrawn.
Applicant’s arguments, see Page 8, ¶ 2 – Page 11, ¶ 2, filed June 18, 2026, with respect to the rejection(s) of claim(s) 1-25 under 35 U.S.C. 102(a)(1) 35 U.S.C. 103 and have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wagner et al. (US 20250167650 A1, copending Application #18/730,581, see Double Patenting section below).
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 1-2, 4-5, and 7-25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of copending Application No. 18/730,581 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim substantially the same subject matter.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Element of Present Application
Corresponding Claim Language of Application 18/730,581
RE Claim 1: An electrical multi-phase machine comprising:
Claim 1 Recites: An electrical multi-phase machine comprising
a stator assembly including: stators; and
a stator assembly including stators and
a stator-side winding comprising winding coils of winding wire accommodated in stator grooves formed as coolant channels
Claim 9 recites: wherein a winding of at least one stator comprises winding coils which are accommodated in stator grooves that are each configured to be a coolant channel;
a rotor that is rotatably mounted relative to the stator assembly and which forms an external rotor surrounding the stator assembly on an outer circumferential side;
Claim 1 recites: an external rotor surrounding the stator assembly on an outer circumferential side;
wherein: the stator-side winding comprises more than four phases and is designed without a star;
Claim 20 recites: wherein there is provided a nine-phase stator winding designed to be without a star.
the winding coils of the stator-side winding are concentratedly wound;
Claim 15 recites: wherein the winding coils of the winding of the respective stator are wound in a single layer and concentratedly.
and a cooling liquid flowing through the stator grooves washes around the winding wire in the stator grooves.
Claim 9 recites: and wherein cooling liquid flowing through the stator grooves washes around a winding wire in the stator grooves.
RE Claim 2: wherein the stator-side winding comprises nine-phase without a star.
Claim 20 recites: wherein there is provided a nine-phase stator winding designed to be without a star.
RE Claim 4: a control circuit; wherein the winding phases of the stator-side winding are connected to the control circuit for phase-individual, variable energizing of the individual phases.
Claim 21 recites: wherein winding phases of the stator-side winding are connected to a control circuit for individually energizing the individual phases.
RE Claim 5: wherein the control circuit comprises an inverter with full bridges in the form of H-bridges for energizing the individual phases with variable time offset.
Claim 22 recites: wherein the control circuit comprises an inverter with full bridges in the form of H-bridges for energizing the individual phases with variable time offset.
RE Claim 7: wherein the winding coils of the stator-side winding are configured not to be encapsulated; and wherein cooling gaps are provided between adjacent portions of the winding wire of a respective winding coil, there are provided cooling gaps which can configured to be flushed through by the cooling liquid.
Claim 10 recites: wherein the winding coils are configured not to be encapsulated; and wherein between adjacent portions of the winding wire of a coil, there are provided cooling gaps which can be flushed through by the cooling liquid.
RE Claim 8: wherein the stator grooves are sealed with respect to the rotor by a sealing tube which is arranged between the respective stator and the rotor and encloses the stator on an outer circumferential side.
Claim 11 recites: wherein the stator grooves are sealed with respect to the common rotor by a sealing tube which is arranged between the respective stator and the common rotor and encloses the stator on an outer circumferential side.
RE Claim 9: wherein the winding wire of the winding coils of the stator-side winding has a trapezoidal or triangular cross-section.
Claim 12 recites: wherein the winding wire of the winding coils has a trapezoidal or triangular cross-section.
RE Claim 10: wherein the winding coils of the stator-side winding are wound in a single layer.
Claim 15 recites: wherein the winding coils of the winding of the respective stator are wound in a single layer and concentratedly.
RE Claim 11: wherein the winding wire of the winding coils of the stator-side winding is coated in an electrically insulating manner.
Claim 13 recites: wherein the winding wire of the winding coils is coated in an electrically insulating manner.
RE Claim 12: wherein the winding wire is coated in a high-temperature resistant thermoplastic.
Claim 14 recites: wherein the winding wire is provided with a coating of a high-temperature resistant thermoplastic.
RE Claim 13: wherein the stator grooves of at least one stator are flow-connected at one axial end face of the stator to an annular space provided at the axial end face of the stator for supplying the cooling liquid and/or are flow-connected at an opposite end face from the axial end face of the stator to a collection outlet provided therein
Claim 17 recites: wherein the stator grooves of at least one stator are flow-connected at one axial end face of the stator to an annular space provided at an end face of the stator for supplying the cooling liquid and/or are flow-connected at an opposite end face of the stator to a collection outlet provided therein.
RE Claim 14: wherein the cooling liquid is first guided in axially opposite directions from a cold side of a cooling circuit in parallel through the stator grooves for the winding coils of the stator-side winding from one end face to the opposite end face of the stator, and then the cooling liquid heated by the winding coils is guided in axially opposite directions through the stator back towards an upstream side.
Claim 18 recites: wherein the cooling liquid is first guided in axially opposite directions from a cold side of a cooling circuit in parallel through the stator grooves for the winding coils from one end face to the opposite end face of the stator and then the cooling liquid heated by the winding coils is guided in axially opposite direction through the stator carrier back towards a upstream side.
RE Claim 15: wherein the stator grooves are connected in parallel to one another to an inlet manifold for supplying the cooling liquid and can be flowed through in parallel by the cooling liquid.
Claim 16 recites: wherein the stator grooves are connected in parallel to one another to an inlet manifold for supplying the cooling liquid and can be flowed through in parallel by the cooling liquid.
RE Claim 16: wherein: the stator assembly comprises two stators that are surrounded on the outside by the rotor; and wherein the rotor is supported between the two stators by means of a central support on an inwardly disposed motor shaft or machine axis surrounded by the stators.
Claim 1 recites: wherein the stator assembly comprises two stators that are surrounded on the outside by the common rotor; and wherein the common rotor is supported between the two stators by means of a central support on an inwardly disposed motor shaft or axis surrounded by the stators.
RE Claim 17: wherein the two stators are arranged in parallel in a cooling circuit through which the cooling liquid flows or are connected to two separate cooling circuits.
Claim 8 recites: wherein a fluid-cooling device is provided for the two stators; and wherein the two stators are arranged in parallel in a coolant circuit or are connected to two separate coolant circuits.
RE Claim 18: the two stators are configured to be of substantially equal length and symmetrical with respect to the rotor and the central support; and the rotor is supported centrally by the central support and is configured symmetrically with respect to the central support.
Claim 2 recites: wherein the two stators are configured to be substantially of equal length and symmetrical with respect to the common rotor and the central support; and wherein the common rotor is supported centrally by the central support and is configured symmetrically with respect to the central support.
RE Claim 19: wherein the rotor is supported by a fixed and floating bearing at two bearing points spaced apart from one another.
Claim 3 recites: wherein the common rotor is configured to be an external rotor and is supported by a fixed and floating bearing at two bearing points spaced apart from one another.
RE Claim 20: wherein the rotor is fastened in a non-tiltable and rotationally fixed manner to an inwardly disposed motor shaft or machine axis, which in turn is rotatably mounted at opposite end portions or end faces of the stator assembly and/or opposite housing sides of the stator assembly.
Claim 4 recites: wherein the common rotor is fastened in a non-tiltable and rotationally fixed manner to the inwardly disposed motor shaft or machine axis, which in turn is rotatably mounted at opposite end portions or end faces of the stator assembly and/or opposite housing sides.
RE Claim 21: wherein the inwardly disposed motor shaft is rotatably mounted by at least two rolling bearings which together form a fixed and floating bearing.
Claim 5 recites: wherein the inwardly disposed motor shaft is rotatably mounted by at least two rolling bearings which together form a fixed and floating bearing.
RE Claim 22: wherein the rotor has an axial length which is greater than a diameter of the rotor.
Claim 6 recites: wherein the common rotor is configured to be an external rotor having an axial length which is greater than a diameter of the external rotor.
RE Claim 23: wherein: the stator-side winding is a polyphase winding provided on each stator and permanent magnets are provided on the rotor.
Claim 7 recites: wherein a polyphase winding is provided on each of the two stators and permanent magnets are provided on the common rotor.
RE Claim 24: A machine or lifting gear comprising the electrical multi-phase machine of claim 1.
Claim 23 recites: A machine or lifting gear comprising the electrical multi-phase machine of claim 1.
RE Claim 25: wherein the electrical multi-phase machine forms a drive motor of a travel drive or a main function unit
Claim 24 recites: wherein the electrical multi-phase machine forms a drive motor of a travel drive or a main function unit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLIE FRANK MANN whose telephone number is (703)756-1275. The examiner can normally be reached Monday - Friday 7:30AM - 4:30PM PST.
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/C.F.M./Examiner, Art Unit 2834
/ALEXANDER A SINGH/Primary Examiner, Art Unit 2834
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