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 . Claims 21-40 are pending.
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).
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,166,400. Although the claims at issue are not identical, they are not patentably distinct from each other because each of the elements of claims 21-40 is met by at least one claim of claims 1-20 of the patent, as shown below.
Claim Elements of Instant Application
Corresponding Claim Language of US Patent No. 12166400 B2
Claim 21: An electric machine comprising:
Claim 1 recites: An electric machine comprising:
a housing comprising an air intake and an air outlet, said housing defining an air passage extending within an interior of said housing from said air intake to said air outlet;
a housing comprising an air intake and an air outlet, said housing defining an air passage extending within an interior of said housing,
the air passage including a first channel extending from said air intake in a radial direction and a second channel in flow communication with the first channel, the second channel extending in the radial direction to said air outlet;
a motor assembly positioned within the housing interior, said motor assembly comprising a shaft rotatably coupled to said housing and operable to rotate about a rotational axis;
a motor assembly positioned within the housing interior, said motor assembly comprising a shaft rotatably coupled to said housing and operable to rotate about a rotational axis
an electronics assembly positioned within the housing interior and axially between the air intake and the air outlet;
an electronics assembly positioned within the housing interior and axially between the first channel and the second channel;
a heat sink positioned at least partially within the air passage and thermally connected to said electronics assembly.
a heat sink positioned at least partially within the air passage and thermally connected to said electronics assembly,
Claim 22: the air passage includes a first channel extending from said air intake in a radial direction and a second channel in flow communication with the first channel, the radial direction being generally perpendicular to the rotational axis.
the air passage including a first channel extending from said air intake in a radial direction and a second channel in flow communication with the first channel, (claim 1)
Claim 23: the second channel extends in the radial direction to said air outlet.
the second channel extending in the radial direction to said air outlet (claim 1)
Claim 24: wherein operation of said motor assembly draws an ambient airflow into the air passage in a radial direction through said air intake, directs the airflow along said heat sink, and exhausts the airflow through said air outlet in the radial direction,
and wherein the radial direction is generally perpendicular to the rotational axis (implied).
wherein operation of said motor assembly draws an ambient airflow into the air passage in the radial direction through said air intake, directs the airflow along said heat sink, and exhausts the airflow through said air outlet in the radial direction. (claim 1)
Claim 25: a fan coupled to said shaft for rotation therewith about the rotational axis, wherein rotation of said fan draws an ambient airflow in through said air intake and exhausts the airflow through said air outlet.
a fan coupled to said shaft for rotation therewith about the rotational axis, wherein rotation of said fan draws the ambient airflow in through said air intake and exhausts the airflow through said air outlet.
Claim 26: aid fan comprises a hub coupled to said shaft and a plurality of blades extending linearly in a radial direction from said hub, wherein said hub comprises a base and a sleeve coupled to said base and extending axially therefrom.
said fan comprises a hub coupled to said shaft and a plurality of blades extending linearly in the radial direction from said hub (claim 3), wherein said hub comprises a base and a sleeve coupled to said base and extending axially therefrom (claim 4)
Claim 27: wherein said fan comprises a blade (implied) including a first edge oriented to face a first channel of the air passage, said first edge comprising a curved section extending in a radial direction.
wherein a first blade of said plurality of blades comprises a first edge oriented to face the first channel, said first edge comprising a curved section extending in the radial direction from said hub and axially from said base (claim 4).
Claim 28: said curved section extends in the radial direction from a hub of said fan and axially from a base of said fan.
said first edge comprising a curved section extending in the radial direction from said hub and axially from said base (claim 4).
Claim 29: the air passage includes a first channel extending from said air intake in a radial direction and a second channel in flow communication with the first channel and extending in the radial direction to said air outlet,
wherein the electric machine further comprises an electronics enclosure positioned within said housing, said electronics enclosure containing said electronics assembly therein, wherein a first axial side of said electronics enclosure at least partially defines the first channel and wherein a second axial side of said electronics enclosure at least partially defines the second channel.
the air passage including a first channel extending from said air intake in a radial direction and a second channel in flow communication with the first channel, the second channel extending in the radial direction to said air outlet (claim 1),
further comprising an electronics enclosure positioned within said housing, said electronics enclosure containing said electronics assembly therein, wherein a first axial side of said electronics enclosure at least partially defines the first channel and wherein a second axial side of said electronics enclosure at least partially defines the second channel (claim 5).
Claim 30: the electric machine of Claim 29, wherein said housing at least partially defines said electronics enclosure.
wherein said housing at least partially defines said electronics enclosure (claim 6).
Claim 31: the electric machine of Claim 21, wherein said motor assembly comprises a rotor and a stator arranged in a radial flux configuration, and wherein said housing is free of both any axial intakes and any axial outlets.
wherein said motor assembly comprises a rotor and a stator arranged in a radial flux configuration, and wherein said housing is free of both any axial intakes and any axial outlets (claim 12).
Claim 32: the electric machine of Claim 21, wherein said housing comprises a first housing shell and a second housing shell coupled to said first housing shell, said first and second housing shells collectively defining an exterior surface of said housing, wherein said electronics assembly is positioned within said first housing shell.
wherein said housing comprises a first housing shell and a second housing shell coupled to said first housing shell, said second housing shell at least partially defining a motor enclosure containing said motor assembly therein, said first housing shell at least partially defining a drive electronics enclosure containing said electronics assembly therein (claim 10)
Claim 33: a housing for containing a motor therein, the motor including a shaft that is rotatable about a rotational axis of said housing, said housing comprising: an air intake; an air outlet;
an air passage extending within an interior of said housing from said air intake to said air outlet;
an electronics assembly positioned within the housing interior and axially between said air intake and said air outlet; and
a heat sink positioned at least partially within said air passage and thermally connected to said electronics assembly.
Claim 13 recites: a housing for containing a motor therein, the motor including a shaft that is rotatable about a rotational axis of said housing, said housing comprising: an air intake; an air outlet;
an air passage extending within an interior of said housing, said air passage including a first channel extending from said air intake in a radial direction and a second channel in flow communication with said first channel,
an electronics assembly positioned within the housing interior and axially between the first channel and the second channel;
a heat sink positioned at least partially within said air passage and thermally connected to said electronics assembly.
Claim 34: said air passage includes a first channel extending from said air intake in a radial direction and a second channel in flow communication with said first channel, the radial direction being generally perpendicular to the rotational axis.
said air passage including a first channel extending from said air intake in a radial direction and a second channel in flow communication with said first channel, said second channel extending in the radial direction to said air outlet, the radial direction being generally perpendicular to the rotational axis (claim 13).
Claim 35: said second channel extends in the radial direction to said air outlet.
said second channel extending in the radial direction to said air outlet (claim 13).
Claim 36: operation of the motor draws an ambient airflow into said air passage in a radial direction through said air intake, directs the airflow along said heat sink, and exhausts the airflow through said air outlet in the radial direction,
and wherein the radial direction is generally perpendicular to the rotational axis (implied).
operation of the motor draws an ambient airflow into said air passage in the radial direction through said air intake, directs the airflow along said heat sink, and exhausts the airflow through said air outlet in the radial direction (claim 13).
Claim 37: a first housing shell and a second housing shell coupled to said first housing shell, said first and second housing shells collectively defining an exterior surface of said housing, wherein
said electronics assembly is positioned within said first housing shell.
a first housing shell and a second housing shell coupled to said first housing shell, said first and second housing shells collectively defining an exterior surface of said housing (claim 15),
said first housing shell at least partially defining a drive electronics enclosure containing said electronics assembly therein (claim 18).
Claim 38: wherein said air outlet is defined between said first housing shell and said second housing shell.
wherein said air outlet is defined between said first housing shell and said second housing shell (claim 15).
Claim 39: an electric motor comprising: a housing comprising an air intake and an air outlet, said housing defining an air passage extending within an interior of said housing from said air intake to said air outlet;
a motor assembly positioned within the housing interior, said motor assembly comprising a shaft rotatably coupled to said housing and operable to rotate about a rotational axis;
an electronics assembly positioned within the housing interior and axially between the air intake and the air outlet; and
a passive heat exchanger positioned at least partially within the air passage and thermally connected to said electronics assembly.
Claim 19 recites: an electric motor comprising: a housing comprising an air intake and an air outlet, said housing defining an air passage extending within an interior of said housing, the air passage including a first channel extending from said air intake in a radial direction and a second channel in flow communication with the first channel;
a motor assembly positioned within the housing interior, said motor assembly comprising a shaft rotatably coupled to said housing, said shaft defining a rotational axis of said motor that is generally perpendicular to the radial direction;
an electronics assembly positioned within the housing interior and axially between the first channel and the second channel;
a passive heat exchanger positioned at least partially within the air passage and thermally connected to said electronics assembly.
Claim 40: the air passage including a first channel extending from said air intake in a radial direction and a second channel in flow communication with the first channel, the second channel extending in the radial direction to said air outlet,
the radial direction being generally perpendicular to the rotational axis (implied).
the air passage including a first channel extending from said air intake in a radial direction and a second channel in flow communication with the first channel, the second channel extending in the radial direction to said air outlet (claim 19).
Allowable Subject Matter
Although rejected based upon double patenting as explained above, claims 21-40 are allowable with respect to prior art.
The following is a statement of reasons for the indication of allowable subject matter.
The closet prior art is Lee et al. (US 11509179 B2).
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Regarding claim 21 prior art discloses: an electric machine comprising:
a housing comprising an air intake and an air outlet, said housing defining an air passage extending within an interior of said housing from said air intake to said air outlet;
a motor assembly positioned within the housing interior, said motor assembly comprising a shaft rotatably coupled to said housing and operable to rotate about a rotational axis;
a heat sink positioned at least partially within the air passage and thermally connected to said electronics assembly.
Lee does not disclose: the electronics assembly positioned within the housing interior and axially between the air intake and the air outlet.
None of the prior art of record anticipates or in combination renders obvious the limitations of claim 21. Hence, claim 21 is allowable.
Claims 22-32 are allowable because they depend on claim 21.
Regarding claim 33 prior art discloses: a housing for containing a motor therein, the motor including a shaft that is rotatable about a rotational axis of said housing, said housing comprising: an air intake; an air outlet; an air passage extending within an interior of said housing from said air intake to said air outlet; an electronics assembly positioned within the housing interior
Lee does not disclose: the electronics assembly positioned within the housing interior and axially between the air intake and the air outlet.
None of the prior art of record anticipates or in combination renders obvious the limitations of claim 33. Hence, claim 33 is allowable.
Claims 34-38 are allowable because they depend on claim 39.
Regarding claim 39, prior art discloses: an electric motor comprising: a housing comprising an air intake and an air outlet, said housing defining an air passage extending within an interior of said housing from said air intake to said air outlet; a motor assembly positioned within the housing interior, said motor assembly comprising a shaft rotatably coupled to said housing and operable to rotate about a rotational axis; an electronics assembly positioned within the housing interior
Lee does not disclose: the electronics assembly positioned within the housing interior and axially between the air intake and the air outlet.
None of the prior art of record anticipates or in combination renders obvious the limitations of claim 39. Hence, claim 39 is allowable.
Claim 40 is allowable because it depends on claim 39.
Conclusion
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/MASOUD VAZIRI/Examiner, Art Unit 2834
/OLUSEYE IWARERE/Supervisory Patent Examiner, Art Unit 2834