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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Atsumi et al. (CN111869058, “Atsumi”, using machine translation).
Re claim 1, Atsumi discloses an electrical machine for driving a motor vehicle ([0041]), the electrical machine comprising
a machine housing 11-14 configured for accommodating a rotor 30, a stator 20, and part of an output shaft 31 (fig 1, [0045-0046] & [0061]); and
a venting element having a collecting chamber 6, an inlet 12c, and at least one outlet 6a, 6b (figs 1-2, [0052-0054]); wherein
the machine housing 11-14 forms an interior space within which air is located which expands and increases an internal pressure prevailing within the interior space when the electrical machine heats up during operation (figs 1-2, [0052], inherent since air in 11-14 is allowed to escape through 6 & motor heats up & cools during operation);
the inlet 12c of the venting element is connected to the interior of the machine housing (figs 1-2);
the at least one outlet 6a, 6b of the venting element is connected to an external environment of the electrical machine (figs 1-2, [0055]);
the collecting chamber 6 is arranged between the inlet 12c and the at least one outlet 6a, 6b (figs 1-2) and is connected via the inlet 12c to the interior of the machine housing 11-14 (figs 1-2) and via the at least one outlet 6a, 6b to the external environment of the electrical machine (figs 1-2, [0055]);
the venting element connects the interior to the external environment of the electrical machine in such a way that air can escape from the interior via the inlet 12c, the collecting chamber 6 and the at least one outlet 6a, 6b into the external environment when the internal pressure is higher than an external pressure prevailing in the external environment (figs 1-2, [0052], inherent since air in 11-14 is allowed to escape through 6 & motor heats up & cools during operation); and
the venting element is configured to prevent foreign bodies that have penetrated from the external environment of the electrical machine into the collecting chamber 6 from entering the interior via the inlet 12c (fig 2, capable of the claimed function since venting element has labyrinth formed by 7 that prevents bodies from entering 12c from 6a & 6b allows any body traveling through 7 to exit at 6b).
Re claim 3, Atsumi discloses claim 1 as discussed above and further discloses the inlet 12c is arranged above the at least one outlet 6b (figs 1-2).
Re claim 4, Atsumi discloses claim 1 as discussed above and further discloses the collecting chamber 6 forms a chamber interior (figs 1-2), the volume of which is greater than 10% of an oil volume in the interior (fig 1, [0081-0082], [0086] & [0088], has cooling oil 9 traveling through rotor & sprayed on stator then collecting at bottom of machine housing at 55 & as understood by figs 1-3 & 7, 6 is much larger than 10% of oil volume in housing).
Re claim 5, Atsumi discloses claim 1 as discussed above and further discloses the collecting chamber 6 has a condensation surface and a guide rib 7 (fig 2, condensation surface is surface of 15 which is capable of water condensation when motor is cooled);
water from water vapor which has penetrated into the collecting chamber 6 condenses on the condensation surface (fig 2, 6 capable of condensing any water vapor that may enter through 6a after operation of motor when motor is cooling); and the condensed water is guided via the guide rib 7 to the at least one outlet 6b and flows out of the collecting chamber 6 via the at least one outlet 6b (fig 2, by gravity condensed water will be directed by ribs 7 to outlet 6b).
Claims 1, 7-8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tamura et al. (US20170288490, “Tamura”).
Re claim 1, Tamura discloses an electrical machine for driving a motor vehicle ([0022]), the electrical machine comprising
a machine housing 21a, 21r configured for accommodating a rotor 12, a stator 13, and part of an output shaft 14a (fig 2, [0025]); and
a venting element having a collecting chamber Q, an inlet 48m, and at least one outlet 67 (figs 2-5, [0037], [0039], [0051] & [0059]); wherein
the machine housing 21a, 21r forms an interior space L within which air is located which expands and increases an internal pressure prevailing within the interior space when the electrical machine heats up during operation (figs 2-3, [0060]);
the inlet 48m of the venting element is connected to the interior L of the machine housing 21a, 21r (figs 3-5, [0052]);
the at least one outlet 67 of the venting element is connected to an external environment of the electrical machine (figs 4-5, [0055]);
the collecting chamber Q is arranged between the inlet 48m and the at least one outlet 67 (figs 2-5) and is connected via the inlet 48m to the interior of the machine housing L (figs 3 & 5) and via the at least one outlet 67 to the external environment of the electrical machine (fig 5, [0055]);
the venting element connects the interior to the external environment of the electrical machine in such a way that air can escape from the interior L via the inlet 48m, the collecting chamber Q and the at least one outlet 67 into the external environment when the internal pressure is higher than an external pressure prevailing in the external environment (figs 3 & 5, [0060]); and
the venting element is configured to prevent foreign bodies that have penetrated from the external environment of the electrical machine into the collecting chamber Q from entering the interior via the inlet 48m (fig 5, [0062-0064], capable of the claimed function since venting element has labyrinth formed by 24-26 that prevents oil from 48m from exiting 67 & is capable of preventing bodies entering from 67 from entering 48m in a similar manner).
Re claim 7, Tamura discloses claim 1 as discussed above and further discloses the venting element comprises a first cup-shaped component 22a and a second cup-shaped component 22r (figs 4-5); and the first cup-shaped component 22a is detachably attached to the second cup-shaped component 22r and together the first cup-shaped component and the second cup-shaped component form the collecting chamber Q (figs 4-5).
Re claim 8, Tamura discloses claim 7 as discussed above and further discloses one of the first and second cup-shaped components 22r is configured to be replaced by an alternative cup-shaped component having a different shape, so that a volume of the chamber interior is changed (figs 2-5, since 22r is attached to 22a it is capable of being replaced by a different sized 22r for different motor configurations).
Re claim 9, Tamura discloses claim 1 as discussed above and further discloses an upper part of the machine housing 21a, 21r has an outer surface which forms an inwardly directed bulge (figs 3 & below); and the venting element is arranged inside the bulge (figs 3 & below).
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Claims 1-2 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu et al. (CN117439322, “Zhu”, using machine translation).
Re claim 1, Zhu discloses an electrical machine for driving a motor vehicle ([0040]), the electrical machine comprising
a machine housing 200 configured for accommodating a rotor, a stator, and part of an output shaft (fig 1, [0005] & [0028], stator & rotor inherent for rotating electrical machine & shaft inherent to drive driven parts); and
a venting element 100 having a collecting chamber 100’, an inlet 122, and at least one outlet 126 (figs 2-4, [0028-0032]); wherein
the machine housing 200 forms an interior space within which air is located which expands and increases an internal pressure prevailing within the interior space when the electrical machine heats up during operation (figs 1-3, [0033-0034]);
the inlet 122 of the venting element is connected to the interior of the machine housing (figs 2-3, [0033]);
the at least one outlet 126 of the venting element is connected to an external environment of the electrical machine (figs 2 & 4, [0034]);
the collecting chamber 100’6 is arranged between the inlet 122 and the at least one outlet 126 (figs 2-4) and is connected via the inlet 122 to the interior of the machine housing 200 (figs 2-3, [0033]) and via the at least one outlet 126 to the external environment of the electrical machine (figs 2 & 4, [0034]);
the venting element 100 connects the interior to the external environment of the electrical machine in such a way that air can escape from the interior via the inlet 122, the collecting chamber 100’ and the at least one outlet 126 into the external environment when the internal pressure is higher than an external pressure prevailing in the external environment (figs 2-3, [0018]); and
the venting element 100 is configured to prevent foreign bodies that have penetrated from the external environment of the electrical machine into the collecting chamber 100’ from entering the interior via the inlet 122 (figs 2-4, [0037] & [0050]).
Re claim 2, Zhu discloses claim 1 as discussed above and further discloses the at least one outlet 126 is arranged at a lower surface of the collecting chamber 100’ (figs 2 & 4, [0033]), and an upper surface and a lateral surface of the collecting chamber 100 are closed (figs 1-3, [0043-0046]).
Re claim 6, Zhu discloses claim 2 as discussed above and further discloses a first outlet 126 is arranged at a first position on the lower surface of the collecting chamber 100’ (figs 2 & 4, left side of fig 4); a second outlet 126 is arranged at a second position on the lower surface of the collecting chamber 100’ (figs 2 & 4, left side of fig 4); and the first position is at a distance from the second position (figs 2 & 4).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Furuuchi et al. (US20170324297, “Furuuchi”).
Re claim 10, Zhu discloses claim 1 as discussed above and further discloses the venting element 100 has a plug 124 (fig 3, [0033]) and a funnel-shaped oil condensation element 123 with an upper opening and a lower opening (fig 3, [0034-0035] & [0041], upper & lower openings of 123;” breathable membrane 124 of the breathing plug 100 achieves waterproof and breathable functions, allowing only gas to pass through while blocking liquid from passing through”);
the lower opening of the funnel-shaped oil condensation element is connected to the inlet 122 of the venting element 100 (fig 3));
the upper opening of the funnel-shaped oil condensation element 123 is connected to the collecting chamber 100’ (fig 3);
the lower opening of the funnel-shaped oil condensation element 123 has a smaller inner diameter than the upper opening (fig 3);
the plug 124 is inserted into the upper opening (fig 3), the plug 124 is permeable to air ([0033]); and
the venting element 100 is configured so that an oil mist penetrating from the interior of the machine housing 200 into the funnel-shaped oil condensation element 123 cools down on an inner wall of the funnel-shaped oil condensation element 123 and on the plug 124, so that oil contained in the oil mist condenses, sinks by gravity and flows off into the interior via the inlet 122 of the venting element 100 (fig 3, [0034], capable of the above function since 124 does not let liquid out).
Zhu discloses claim 10 but is silent with respect to a knitted wire mesh plug.
Furuuchi discloses plug 210 is made of a knitted wire mesh (fig 2, [0080], metal mesh).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the plug of Zhu as a knitted wire mesh, as disclosed by Furuuchi, in order to employ one material of known types of materials for plugs, as taught by Furuuchi ([0080]).
Re claim 11, Zhu in view of Furuuchi discloses claim 10 as discussed above and further discloses the venting element 100 has a labyrinth structure 112 (Zhu, fig 3, [0049-0050]); and the upper opening of the funnel-shaped oil condensation element 123 is connected to the collecting chamber 100’ via the labyrinth structure 112 (Zhu, fig 3), so that dust particles which enter the collecting chamber 100’ from the external environment are prevented from reaching the knitted wire mesh plug 124 via the labyrinth structure 112 (Zhu, fig 3; Furuuchi knitted wire mesh plug).
Response to Arguments
Applicant's arguments filed 7/7/26 have been fully considered but they are not persuasive.
Applicant argues that Atsumi (CN111869058) does not disclose a discrete venting element (pg 8, part B, 1-3rd paragraphs). This argument is not persuasive because there is no claimed structure that require a discrete venting element and Atsumi discloses all the claimed elements of claim 1.
Applicant argues that the structure of Atsumi does not inherently disclose the function of preventing foreign bodies that have penetrated from the external environment into the collecting chamber from entering the interior via the inlet (pg 9, part B, 4th to 6th paragraph). Examiner disagrees.
The MPEP 2114 (I.) states “Features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). See also MPEP § 2173.05(g). If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432. See also Bettcher Industries, Inc. v. Bunzl USA, Inc., 661 F.3d 629, 639-40, 100 USPQ2d 1433, 1440 (Fed. Cir. 2011). The burden then shifts to applicant to establish that the prior art does not possess the characteristic relied on. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432; In re Swinehart, 439 F.2d 210, 213, 169 USPQ 226, 228 (CCPA 1971) ("where the Patent Office has reason to believe that a functional limitation asserted to be critical for establishing novelty in the claimed subject matter may, in fact, be an inherent characteristic of the prior art, it possesses the authority to require the applicant to prove that the subject matter shown to be in the prior art does not possess the characteristic relied on").”
Applicant has provided no proof that foreign bodies could not be prevented from entering the motor housing interior from 6a by labyrinth 7. Applicant refers to Atsumi ([0055]) that refrigerant is prevented from entering 12c due to labyrinth 7 and exits 6b. This clearly shows the structure of Atsumi would be capable of performing the claimed function.
Applicant argues that the ribs 7 would not prevent foreign objects from entering 12c (pg 9, part B, 7th to 8th paragraph). Examiner disagrees.
As discussed above, applicant has provided no evidence why the ribs would not prevent a foreign body from entering 12c. The ribs 7 provide a wall between 6a and 12c that prevents a foreign body from entering 12.
Additionally applicant defines foreign bodies in the specification as “Foreign bodies can be, for example, solid particles such as dust. Furthermore, the foreign bodies can also be at least partially liquid, e.g., in the form of rainwater, water vapor, or pressurized water. Ice or snow can also be understood as foreign bodies in the sense of the present invention”, so as defined by applicant, any water vapor from the outside environment that has condensed on ribs 7 during cooling of motor after use, exit the chamber 6 in a similar manner as the refrigerant discussed in [0055].
Applicant argues with respect to claim 3 Atsumi does not disclose the inlet 12a is above at least one outlet 6b (pg 10, part C, 2nd paragraph). This is not persuasive since Atsumi clearly shows 12a above 6b (fig 2). The claim does not require the inlet to be above all outlets.
Applicant argues with respect to claim 4 Atsumi does not disclose the collection chamber 6 has a volume greater than 10% of the oil in motor house interior (pgs 10-11, part C, 3rd paragraph). This is not persuasive since One in the art would ascertain from the figures that chamber 6 is at least has a volume as 10% of oil in the motor housing interior.
Applicant argues with respect to claim 5 Atsumi does not discloses the condensation surface and guide rib (pg 11, part C, 4th paragraph). Examiner disagrees.
The surface of 15 near the ribs 7 is capable of condensation as suggested by the citation in [0055], where the refrigerant cited in [0055] is oil vapor that has condensed inside of the area formed by the ribs, since 7 provides a wall between the inlet and the labyrinth formed by ribs 7 where oil in its liquid form would not be capable of entering the labyrinth.
Applicant argues that Tamura (US20170288490) does not inherently disclose the function of preventing foreign bodies that have penetrated from the external environment into the collecting chamber from entering the interior via the inlet (pg 12, part B, 1st to 3rd paragraphs). Examiner disagrees.
In a similar manner as discussed above for Atsumi (w/ respect to 2114 (I.)), applicant has provided no evidence that the structure of Tamura cannot perform the function of preventing foreign bodies from entering the interior via the inlet. Since Tamura discloses the labyrinth structure of 24-27 prevent oil from flowing out of hole 67 it is also capable of preventing foreign bodies entering 67 from outside from entering the interior L.
Applicant further argues that outlet 67 is connected to the interior of a vehicle and would not expect to have any foreign bodies entering the breather passage. An interior of a vehicle is not free of dust or particles and the labyrinth of 24-27 will be capable of providing a barrier in a similar manner as for oil for the dust and particles.
Applicant argues that breather passage Q is not a collection chamber (pg 13, part C). Examiner disagrees.
As applicant points out, oil from L can be enter 43 from inlet 48m and be prevented from the oil from traveling to 46 ([0061]), therefore at least the oil that has entered has collected in Q and as discussed above the structure of 24-27 is capable of performing the function of preventing dust or particles from outside entering the interior L.
Applicant argues with respect to claim 7 that Tamura does not disclose first and second cup shaped components (pgs 13-14, part D, 1st to 2nd paragraphs). Examiner disagrees.
Both 21a and 21b are cup shaped and form Q when put together as shown in figures 3-5.
Applicant argues with respect to claim 8 that Tamura does not disclose the first and second cup shaped components are replaceable by alternative cup shaped components (pgs 13-14, part D, 3rd paragraph). Examiner disagrees.
Replacing 22r with another 22r will at least change the volume of chamber interior slightly since another 22r will have same dimensions, but not necessarily exact dimensions.
Applicant argues with respect to claim 9 that Tamura does not disclose the chamber is in an inward bulge (pg 14, part D, 4th paragraph). Examiner disagrees.
As shown in annotated fig. 3 on pg 7 of the OA sent 2/26/26, Tamura does disclose the claim 9 limitations.
Applicant argues that Zhu does not disclose the venting element that prevents foreign bodies from entering the interior via the outlet (pgs 15-16, part B). Examiner disagrees.
Zhu discloses the venting element 100 prevents outside water vapor from entering the motor ([0035], [0037] & [0052]). Specifically outside air enters 126 and when it condenses and forms liquid water, the liquid water is drained from 100 and is prevented from entering the motor space. Additionally there is a membrane 124 that is capable of preventing dust or particles entering 100 from outlet 126 from entering the motor space. If the membrane can block liquids, then it is capable of blocking dust or particles.
Applicant argues that Zhu does not inherently disclose the stator, rotor and shaft are providing in the machine housing (p 16, part C). Examiner disagrees.
Zhu discloses 200 is the motor housing (figs 1-2, [0028]), where it would be common sense that an electric motor is inside. Electric motors inherently have a stator and motor and employ a shaft provide an output to drive another structure (similar to Atsumi and Tamura) such as a vehicle ([0040]), as is well known in the art.
Applicant argues with respect to claim 2 that Zhu does not disclose the upper and lateral surface are closed (pg 14, part D, 4th paragraph). Examiner disagrees.
Zhu discloses 100’ is formed by upper cover 110 and lower cover 120 which are welded together at 130 so that water can flow down the sides to outlet 126 (figs 1-4, [0043-0048]), where 110 forms the upper and lateral surfaces. Therefore Zhu discloses the upper and lateral surfaces are closed.
Applicant argues with respect to claim 6 that Zhu does not disclose the upper and lateral surface are closed (pg 14, part D, 4th paragraph). Examiner disagrees.
As applicant states, Zhu does disclose the first outlet 126 and second outlet 126 on the lower surface at different positions (figs 2 & 4).
Applicant argues with respect to claim 10 that Zhu in view of Furuuchi does not disclose the knitted wire mesh plug (pg 18, part A). Examiner disagrees.
Furuuchi discloses the plug 210 can be a metal mesh ([0080]) which has the same structure as a knitted wire mesh. Additionally the mesh can be made small enough to allow gas but not liquid.
Applicant argues with respect to claim 10 that Zhu does not disclose a funnel shape (pg 18, part B). Examiner disagrees.
Zhu discloses the funnel shape as clearly seen in fig. 3. Since plug 124 prevent liquid from passing from the motor and 123 has a funnel shape, then the structure of Zhu is capable of performing the function of providing a surface for oil mist to condense and flow back to the motor by the shape of 123.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC JOHNSON whose telephone number is (571)270-5715. The examiner can normally be reached on Mon-Fri 8:30-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Seye Iwarere can be reached on (571)270-5112. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC JOHNSON/Primary Examiner, Art Unit 2834
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