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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04 October 2024 & 31 October 2024 have been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: In ¶[0085]-¶[0171], the various numbers should be removed. Similarly, in ¶[0172]-¶[0200], the numbering and references to specific claims should be removed.
Appropriate correction is required.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
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Claims 34, 38, 42 & 46 are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No.12,046,966 (‘the ‘966 Patent’), further in view of Schuler (US 10,135,310). The columns below compare claim 34 of the Application and claim 1 of the ‘966 Patent.
Claim 34 of the Application
An axial field rotary energy device, comprising: rotors having an axis of rotation, and each rotor comprises a magnet;
a stator assembly is located axially between the rotors, and the stator assembly comprises printed circuit board (PCB) panels…,
each layer comprises coils that are rotationally aligned relative to the axis of rotation, and stacked relative to each other in an axial direction…,
a housing enclosing the rotors and the stator assembly, the housing comprises alignment pins oriented in the axial direction, wherein the alignment pins position and secure the stator assembly, and the housing is mechanically coupled to the stator assembly;
the stator assembly comprises an outer edge and mounting holes, wherein the mounting holes are located adjacent to the outer edge, such that the stator assembly is supported by the housing exclusively adjacent the outer edge;
the mounting holes are elongated in shape and extend radially relatively to the axis of rotation, and the mounting holes have a
Claim 1 of the ‘966 Patent
An axial field rotary energy device, comprising: rotors having an axis of rotation, and each rotor comprises a magnet;
the stator assembly is located axially between the rotors, and the stator assembly comprises: printed circuit board (PCB) panels,
each PCB panel comprises layers, each layer comprises coils…,
a housing enclosing the rotors and a stator assembly, the housing comprises alignment pins oriented in an axial direction, wherein the alignment pins position and secure the stator assembly, and the housing is mechanically coupled to the stator assembly;
[the stator assembly comprises] an outer edge and mounting holes, wherein the mounting holes are located adjacent to the outer edge, such that the stator assembly is supported by housing exclusively adjacent the outer edge;
the mounting holes are elongated in shape and extend radially relatively to the axis of rotation, and the mounting holes have a
sliding fit with the respective alignment pins;
and the housing comprises housing sections, and the stator assembly and the housing sections are coupled together to allow heat generated by the stator assembly to be conducted to the housing sections.
sliding fit with the respective alignment pins;…
and the housing comprises housing sections, and the stator assembly and the housing sections are coupled together to allow heat generated by the stator assembly to be conducted to the housing sections.
Claim 1 of the ‘966 Patent does not recite that each PCB panel comprises “a same number of layers…, each PCB panel is designated to one electrical phase, each electrical phase of the stator assembly is configured to be provided by a plurality of the PCB panels, and the PCB panels for each electrical phase are axially spaced apart from each other.”
But, Schuler teaches an axial field rotary electric machine comprising a stator assembly 245 located axially between two rotors 242, 244 (Figs.19-20A) where the stator assembly comprises printed circuit board (PCB) panels (segments) 142, each PCB panel 142 comprises a same number of layers (i.e., each segment 142 can be a separate PCB 145 having one or more PCB layers 147, e.g., even or odd; c.8:83-66), each layer 147 comprises coils (conductive traces) 149 that are rotationally aligned relative to the axis of rotation, and stacked relative to each other in an axial direction (i.e., PCB layer 147 comprises a plurality of traces; c.9:14-16; Fig.17), each PCB panel 142 is designated to one electrical phase, each electrical phase of the stator assembly is configured to be provided by a plurality of the PCB panels, and the PCB panels for each electrical phase are axially spaced apart from each other (i.e., each PCB layer 147 on each stator segment 142 can include a plurality of axially co-planar traces 149 that are configured to correspond to only one electrical phase; c.9:22-25). Schuler’s layered PCB configuration thus provides for cost-effective axial field rotary energy device with plural phases (c.1:26-30; c.9:10-11).
It would have been obvious before the effective filing date to provide each PCB panel of the device of claim 1 of the ‘966 Patent with “a same number of layers…, each PCB panel is designated to one electrical phase, each electrical phase of the stator assembly is configured to be provided by a plurality of the PCB panels, and the PCB panels for each electrical phase are axially spaced apart from each other” since Schuler teaches these features were known to provide a cost-effective axial field rotary energy device with plural phases.
Regarding claim 38, Schuler Fig.17 further teaches the PCB panels for each electrical phase are uniformly axially interleaved with each other in a repeating pattern.
Regarding claim 42, claim 1 of the ‘966 Patent recites “…relative to the axis of rotation, a circumferential air gap is unobstructed and located between an interior of the housing and an exterior of the stator assembly, and a diameter of the stator assembly can slide and grow into the circumferential air gap allowing for thermal expansion of the stator assembly….”
Regarding claim 46, Schuler Fig.17 further teaches the PCB panels for each electrical phase are uniformly axially interleaved with each other in a repeating pattern.
Claims 35, 39, 43 & 47 are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of the ‘966 Patent & Schuler as applied to claims 34, 38, 42 & 46 above, further in view of Chung et al. (US Pat.Pub.2016/0336106).
The combination of claim 1 of the ‘966 Patent & Schuler does not further teach a first layer in at least one of the PCB panels comprises coils with a first number of turns, and a second layer comprises coils with a second number of turns that differs from the first number of turns.
But, Chung teaches a planar magnetic device comprising PCB winding layers 410a-412g stacked on top of each other, each layer including respective windings 412a-412g formed from spiral conductive patterns, wherein the first layer (end) winding 412a is formed having a smaller number of turns different from the number of turns of the remaining windings 412b-412g so that a voltage level generated by the first (end) winding 412a is smaller and thus the EMI noise may be reduced (¶[0077]-¶[0079]; Fig.4).
Thus, it would have been obvious before the effective filing date to further modify claim 1 of the ‘966 Patent & Schuler and provide a first layer in at least one of the stator PCB panels with coils with a first number of turns, and a second layer with coils with a second number of turns that differs from the first number of turns, since Chung teaches this would have reduced EMI noise.
Claims 50-52 are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No.12,046,966 (‘the ‘966 Patent’), further in view of Schuler (US 10,135,310) & Chung et al. (US Pat.Pub.2016/0336106). The columns below compare claim 50 of the Application and claim 1 of the ‘966 Patent.
Claim 50 of the Application
An axial field rotary energy device, comprising: rotors having an axis of rotation, and each rotor comprises a magnet;
a stator assembly is located axially between the rotors, and the stator assembly comprises printed circuit board (PCB) panels…,
each layer comprises coils that are rotationally aligned relative to the axis of rotation, and stacked relative to each other in an axial direction…;
a housing enclosing the rotors and the stator assembly, the housing comprises alignment pins oriented in the axial direction, wherein the alignment pins position and secure the stator assembly, and the housing is mechanically coupled to the stator assembly;
Claim 1 of the ‘966 Patent
An axial field rotary energy device, comprising: rotors having an axis of rotation, and each rotor comprises a magnet;
the stator assembly is located axially between the rotors, and the stator assembly comprises: printed circuit board (PCB) panels,
each PCB panel comprises layers, each layer comprises coils…,
a housing enclosing the rotors and a stator assembly, the housing comprises alignment pins oriented in an axial direction, wherein the alignment pins position and secure the stator assembly, and the housing is mechanically coupled to the stator assembly;
the stator assembly comprises an outer edge and mounting holes, wherein the mounting holes are located adjacent to the outer edge, such that the stator assembly is supported by the housing exclusively adjacent the outer edge; and
the housing comprises housing sections, and the stator assembly and the housing sections are coupled together to allow heat generated
by the stator assembly to be conducted to the housing sections.
an outer edge and mounting holes, wherein the mounting holes are located adjacent to the outer edge, such that the stator assembly is supported by housing exclusively adjacent the outer edge;
and the housing comprises housing sections, and the stator assembly and the housing sections are coupled together to allow heat
generated by the stator assembly to be conducted to the housing sections.
Claim 1 of the ‘966 Patent does not further recite “each PCB panel comprises a same number of layers…, wherein the stator assembly comprises one of the following:
a first layer in at least one of the PCB panels comprises coils with a first number of turns, and a second layer comprises coils with a second number of turns that differs from the first number of turns, or
a first layer in at least one of the PCB panels comprises both coils with a first number of turns and coils with a second number of turns that differs from the first number of turns, or
a first layer in at least one of the PCB panels comprises both coils with a first number of turns and coils with a second number of turns that differs from the first number of turns, and a second layer of said at least one of the PCB panels comprises both coils with a third number of turns and coils with a fourth number of turns that differs from the third number of turns; and
the axial field rotary energy device further comprises: each PCB panel is designated to one electrical phase, each electrical phase of the stator assembly is configured to be provided by a plurality of the PCB panels, and the PCB panels for each electrical phase are axially spaced apart from each other…”
But, with respect to the non-alternative limitations, Schuler teaches an axial field rotary electric machine comprising a stator assembly 245 located axially between two rotors 242, 244 (Figs.19-20A) where the stator assembly comprises printed circuit board (PCB) panels (segments) 142, each PCB panel 142 comprises a same number of layers (i.e., each segment 142 can be a separate PCB 145 having one or more PCB layers 147, e.g., even or odd; c.8:83-66), each layer 147 comprises coils (conductive traces) 149 that are rotationally aligned relative to the axis of rotation, and stacked relative to each other in an axial direction (i.e., PCB layer 147 comprises a plurality of traces; c.9:14-16; Fig.17), each PCB panel 142 is designated to one electrical phase, each electrical phase of the stator assembly is configured to be provided by a plurality of the PCB panels, and the PCB panels for each electrical phase are axially spaced apart from each other (i.e., each PCB layer 147 on each stator segment 142 can include a plurality of axially co-planar traces 149 that are configured to correspond to only one electrical phase; c.9:22-25). Schuler’s layered PCB configuration thus provides for cost-effective axial field rotary energy device with plural phases (c.1:26-30; c.9:10-11).
It would have been obvious before the effective filing date to provide each PCB panel of the device of claim 1 of the ‘966 Patent with “a same number of layers…, each PCB panel is designated to one electrical phase, each electrical phase of the stator assembly is configured to be provided by a plurality of the PCB panels, and the PCB panels for each electrical phase are axially spaced apart from each other” since Schuler teaches these features were known to provide a cost-effective axial field rotary energy device with plural phases.
Regarding the first alternative limitation, Chung teaches a planar magnetic device comprising PCB winding layers 410a-412g stacked on top of each other, each layer including respective windings 412a-412g formed from spiral conductive patterns, wherein the first layer (end) winding 412a is formed having a smaller number of turns different from the number of turns of the remaining windings 412b-412g so that a voltage level generated by the first (end) winding 412a is smaller and thus the EMI noise may be reduced (¶[0077]-¶[0079]; Fig.4).
Thus, it would have been obvious before the effective filing date to further modify claim 1 of the ‘966 Patent & Schuler and provide a first layer in at least one of the stator PCB panels with coils with a first number of turns, and a second layer with coils with a second number of turns that differs from the first number of turns, since Chung teaches this would have reduced EMI noise.
Regarding claim 51, claim 1 of the ‘966 Patent recites “the housing comprises alignment pins oriented in an axial direction, wherein…the mounting holes are elongated in shape and extend radially relatively to the axis of rotation, and the mounting holes have a sliding fit with the respective alignment pins….”
Regarding claim 52, claim 1 of the ‘966 Patent recites “…relative to the axis of rotation, a circumferential air gap is unobstructed and located between an interior of the housing and an exterior of the stator assembly, and a diameter of the stator assembly can slide and grow into the circumferential air gap allowing for thermal expansion of the stator assembly….”
Allowable Subject Matter
Claims 36-37, 40-41 & 44-45 & 48-49 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 prior art of record does not appear to further teach the claimed axial field rotary energy device comprising, inter alia, “…a first layer in at least one of the PCB panels comprises both coils with a first number of turns and coils with a second number of turns that differs from the first number of turns (claims 36, 40, 44 & 48).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BURTON S MULLINS whose telephone number is (571)272-2029. 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.
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/BURTON S MULLINS/ Primary Examiner, Art Unit 2834
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