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 .
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 following limitations must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
“said curvilinear longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is contained within a plane” in claim 2.
“the plane of said curvilinear longitudinal axis each magnet of said plurality of axially-magnetized curvilinear permanent magnets is oriented parallel to an axis of rotation of a rotor” in claim 20
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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
RE claim 2/1, the claim recited: “said curvilinear longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is contained within a plane.”
Claim 20 recited: “the plane of said curvilinear longitudinal axis each magnet of said plurality of axially-magnetized curvilinear permanent magnets is oriented parallel to an axis of rotation of a rotor comprising said plurality of axially-magnetized curvilinear permanent magnets”
As best understood, “a plane” can be understood as a flat geometrical surface, two-dimensional continuum of zero curvature or an imaginary flat surface according to Oxford English Dictionary.
According to the instant application specification ¶ 83, the “longitudinal axis” is curvilinear.
[0083] As used herein, "axially magnetized" refers to a permanent magnet that has been magnetized such that the direction of magnetization of the permanent magnet generally, or substantially, follows, i.e. is aligned with, a longitudinal axis of the permanent magnet. The longitudinal axis of the permanent magnet may be linear, curvilinear or any other shape, even three-dimensional. In the case of a curvilinear permanent magnet, the longitudinal axis is curvilinear. The principles discussed relative to curvilinear permanent magnets of the invention also apply to permanent magnets with linear or other shapes.
Therefore, the one possible way for a “the longitudinal axis is curvilinear” to be “within” a plane as claimed in claim 2 is that the plane needs to be at a cross section perpendicular to the axis such that the curvilinear longitudinal axis is on and/or parallel with the plane.
However, claim 20 required that the plane to be parallel to the axis of rotation which appeared to be contradicted to best understood claim 2. Thus, claim 20 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art.
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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. US 12081076 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 are being anticipated by claims 1-15 of the U.S. Patent No. US 12081076 B2.
Instant Application (18/822,425)
U.S. Patent No. US 12081076 B2
1. A system of permanent magnets for a rotor of an electric machine, comprising:
a plurality of axially-magnetized curvilinear permanent magnets that are configured in a rotor; each magnet of said plurality of axially-magnetized curvilinear permanent magnets being elongate, having a cross sectional shape, and having a curvilinear longitudinal axis;
wherein each magnet of said plurality of axially-magnetized curvilinear permanent magnets is disposed such that the resulting magnetic field vector inside each of the plurality of axially-magnetized curvilinear permanent magnets is substantially aligned with said curvilinear permanent magnet axial magnetization.
2. The system of permanent magnets of Claim 1, wherein the curvilinear longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is further defined as being arcuate in shape, said arcuate shape having an apex, and an open end, and wherein said curvilinear longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is contained within a plane.
3. The system of permanent magnets of Claim 2,
wherein the plane of said curvilinear longitudinal axis each magnet of said plurality of axially-magnetized curvilinear permanent magnets is oriented orthogonally to an axis of rotation of a rotor comprising said plurality of axially-magnetized curvilinear permanent magnets.
4. The system of permanent magnets of Claim 3,
Wherein the apex of the arcuate-shaped longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is oriented towards said axis of rotation of said rotor.
5. The system of permanent magnets of Claim 4:
wherein the axially-magnetized curvilinear permanent magnets are arranged into an even number of arrays, each array comprising two or more axially-magnetized curvilinear permanent magnets nested together with their magnetic North ends adjacent to one another, forming an array magnetic North end, and with their magnetic South ends adjacent to one another, forming an array magnetic South end; and wherein each array is oriented so that its array magnetic North pole end is adjacent to an array magnetic North pole end of the adjacent array, and each array oriented so that its array magnetic South pole end is adjacent to an array magnetic South pole end of the opposing adjacent array.
6. The system of permanent magnets of Claim 5, wherein the number of array North pole ends is two, and the number of array South pole ends is two, forming a four-pole permanent magnet rotor.
7. The system of permanent magnets of Claim 5, wherein the number of array North pole ends is three, and the number of array South pole ends is three, forming a six-pole permanent magnet rotor.
8. The system of permanent magnets of Claim 5, wherein the number of array North pole ends is four, and the number of array South pole ends is four, forming an eight-pole permanent magnet rotor.
9. The system of permanent magnets of Claim 5, wherein the number of axially-magnetized curvilinear permanent magnets comprising each array is three.
10. The system of permanent magnets of Claim 4: wherein the axially-magnetized curvilinear permanent magnets are arranged into an even number of groups; wherein each group comprises a plurality of stacked arrays; each array comprising two or more axially-magnetized curvilinear permanent magnets nested together with their magnetic North ends adjacent to one another, forming an array magnetic North end, and with their magnetic South ends adjacent to one another, forming an array magnetic South end; and the arrays being stacked such that the array magnetic North ends are stacked one above the other, forming a group North pole end, and the array magnetic South ends are stacked one above the other, forming a group South pole end; wherein, each group is oriented so that its group magnetic North pole end is adjacent to a group magnetic North pole end of the adjacent group, and each group is oriented so that its group magnetic South pole end is adjacent to a group magnetic South pole end of the opposing adjacent array.
11. The system of permanent magnets of Claim 10, wherein the number of group North pole ends is two, and the number of group South pole ends is two, forming a four-pole permanent magnet rotor.
12. The system of permanent magnets of Claim 10, wherein the number of group North pole ends is three, and the number of group South pole ends is three, forming a six-pole permanent magnet rotor.
13. The system of permanent magnets of Claim 10, wherein the number of group North pole ends is four, and the number of group South pole ends is four, forming an eight-pole permanent magnet rotor.
14. The system of permanent magnets of Claim 10, wherein the number of axially-magnetized curvilinear permanent magnets comprising each array is three.
15. The system of permanent magnets of Claim 4: wherein the axially-magnetized curvilinear permanent magnets are arranged into an even number of groups; wherein each group comprises a plurality of offset-stacked arrays, wherein each array in each stack of arrays is offset by a predetermined distance from the array immediately below the array directly underneath; each array comprising two or more axially-magnetized curvilinear permanent magnets nested together with their magnetic North ends adjacent to one another, forming an array magnetic North end, and with their magnetic South ends adjacent to one another, forming an array magnetic South end; and the arrays being stacked such that the array magnetic North ends are stacked one above the other, forming a group North pole end, and the array magnetic South ends are stacked one above the other, forming a group South pole end; wherein, each group is oriented so that its group magnetic North pole end is adjacent to a group magnetic North pole end of the adjacent group, and each group is oriented so that its group magnetic South pole end is adjacent to a group magnetic South pole end of the opposing adjacent array.
16. The system of permanent magnets of Claim 15, wherein the number of group North pole ends is two, and the number of group South pole ends is two, forming a four-pole permanent magnet rotor.
17. The system of permanent magnets of Claim 15, wherein the number of group North pole ends is three, and the number of group South pole ends is three, forming a six-pole permanent magnet rotor.
18. The system of permanent magnets of Claim 15, wherein the number of group North pole ends is four, and the number of group South pole ends is four, forming an eight-pole permanent magnet rotor.
19. The system of permanent magnets of Claim 15, wherein the number of axially-magnetized curvilinear permanent magnets comprising each array is three.
1. A system of permanent magnets for a rotor of an electric machine, comprising:
a plurality of axially-magnetized curvilinear permanent magnets that are configured in a rotor; each magnet of said plurality of axially-magnetized curvilinear permanent magnets being elongate, having a cross sectional shape, and having a curvilinear longitudinal axis;
wherein each magnet of said plurality of axially-magnetized curvilinear permanent magnets is disposed such that the resulting magnetic field vector inside each of the plurality of axially-magnetized curvilinear permanent magnets is substantially aligned with said curvilinear permanent magnet axial magnetization;
wherein the curvilinear longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is further defined as being arcuate in shape, said arcuate shape having an apex, and an open end, and wherein said curvilinear longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is contained within a plane;
wherein the plane of said curvilinear longitudinal axis each magnet of said plurality of axially-magnetized curvilinear permanent magnets is oriented orthogonally to an axis of rotation of a rotor comprising said plurality of axially-magnetized curvilinear permanent magnets;
wherein the apex of the arcuate-shaped longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is oriented towards said axis of rotation of said rotor;
wherein the axially-magnetized curvilinear permanent magnets are arranged into an even number of arrays, each array comprising two or more axially-magnetized curvilinear permanent magnets nested together with their magnetic North ends adjacent to one another, forming an array magnetic North end, and with their magnetic South ends adjacent to one another, forming an array magnetic South end; and wherein each array is oriented so that its array magnetic North pole end is adjacent to an array magnetic North pole end of the adjacent array, and each array oriented so that its array magnetic South pole end is adjacent to an array magnetic South pole end of the opposing adjacent array.
2. The system of permanent magnets of claim 1, wherein the number of array North pole ends is two, and the number of array South pole ends is two, forming a four-pole permanent magnet rotor.
3. The system of permanent magnets of claim 1, wherein the number of array North pole ends is three, and the number of array South pole ends is three, forming a six-pole permanent magnet rotor.
4. The system of permanent magnets of claim 1, wherein the number of array North pole ends is four, and the number of array South pole ends is four, forming an eight-pole permanent magnet rotor.
5. The system of permanent magnets of claim 1, wherein the number of axially-magnetized curvilinear permanent magnets comprising each array is three.
6. The system of permanent magnets of claim 1: wherein the axially-magnetized curvilinear permanent magnets are arranged into an even number of groups; wherein each group comprises a plurality of stacked arrays; each array comprising two or more axially-magnetized curvilinear permanent magnets nested together with their magnetic North ends adjacent to one another, forming an array magnetic North end, and with their magnetic South ends adjacent to one another, forming an array magnetic South end; and the arrays being stacked such that the array magnetic North ends are stacked one above the other, forming a group North pole end, and the array magnetic South ends are stacked one above the other, forming a group South pole end; wherein, each group is oriented so that its group magnetic North pole end is adjacent to a group magnetic North pole end of the adjacent group, and each group is oriented so that its group magnetic South pole end is adjacent to a group magnetic South pole end of the opposing adjacent array.
7. The system of permanent magnets of claim 6, wherein the number of group North pole ends is two, and the number of group South pole ends is two, forming a four-pole permanent magnet rotor.
8. The system of permanent magnets of claim 6, wherein the number of group North pole ends is three, and the number of group South pole ends is three, forming a six-pole permanent magnet rotor.
9. The system of permanent magnets of claim 6, wherein the number of group North pole ends is four, and the number of group South pole ends is four, forming an eight-pole permanent magnet rotor.
10. The system of permanent magnets of claim 6, wherein the number of axially-magnetized curvilinear permanent magnets comprising each array is three.
11. The system of permanent magnets of claim 1: wherein the axially-magnetized curvilinear permanent magnets are arranged into an even number of groups; wherein each group comprises a plurality of offset-stacked arrays, wherein each array in each stack of arrays is offset by a predetermined distance from the array immediately below the array directly underneath; each array comprising two or more axially-magnetized curvilinear permanent magnets nested together with their magnetic North ends adjacent to one another, forming an array magnetic North end, and with their magnetic South ends adjacent to one another, forming an array magnetic South end; and the arrays being stacked such that the array magnetic North ends are stacked one above the other, forming a group North pole end, and the array magnetic South ends are stacked one above the other, forming a group South pole end; wherein, each group is oriented so that its group magnetic North pole end is adjacent to a group magnetic North pole end of the adjacent group, and each group is oriented so that its group magnetic South pole end is adjacent to a group magnetic South pole end of the opposing adjacent array.
12. The system of permanent magnets of claim 11, wherein the number of group North pole ends is two, and the number of group South pole ends is two, forming a four-pole permanent magnet rotor.
13. The system of permanent magnets of claim 11, wherein the number of group North pole ends is three, and the number of group South pole ends is three, forming a six-pole permanent magnet rotor.
14. The system of permanent magnets of claim 11, wherein the number of group North pole ends is four, and the number of group South pole ends is four, forming an eight-pole permanent magnet rotor.
15. The system of permanent magnets of claim 11, wherein the number of axially-magnetized curvilinear permanent magnets comprising each array is three.
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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sidey et al. (US 2004/0222713 A1).
RE claim 1, Sidey teaches a system of permanent magnets (Figs.3, 4) for a rotor of an electric machine (motor/generator, see ¶ 3), comprising: a plurality of axially-magnetized curvilinear permanent magnets (214 or 314) that are configured in a rotor; each magnet of said plurality of axially-magnetized curvilinear permanent magnets being elongate, having a cross sectional shape, and having a curvilinear longitudinal axis (Fig.3); wherein each magnet of said plurality of axially-magnetized curvilinear permanent magnets is disposed such that the resulting magnetic field vector inside each of the plurality of axially-magnetized curvilinear permanent magnets is substantially aligned with said curvilinear permanent magnet axial magnetization (reproduced ¶ 83 of the instant application specification for “axially magnetized” means that the direction of magnetization of magnet is aligned with the longitudinal axis of the magnet and the longitudinal axis of the magnet can be linear or curvilinear. Therefore, see Figs.2-4 for arrow showing the direction of magnetization is substantially linear to the longitudinal axis of the magnet).
The instant specification disclosed the following:
[0083] As used herein, "axially magnetized" refers to a permanent magnet that has been magnetized such that the direction of magnetization of the permanent magnet generally, or substantially, follows, i.e. is aligned with, a longitudinal axis of the permanent magnet. The longitudinal axis of the permanent magnet may be linear, curvilinear or any other shape, even three-dimensional. In the case of a curvilinear permanent magnet, the longitudinal axis is curvilinear. The principles discussed relative to curvilinear permanent magnets of the invention also apply to permanent magnets with linear or other shapes.
RE claim 2/1, Sidey teaches the curvilinear longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is further defined as being arcuate in shape (Figs.3, 4), said arcuate shape having an apex, and an open end, and wherein said curvilinear longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is contained within a plane (a cross sectional plane perpendicular to axis as shown in Figs.3, 4)
RE claim 3/2, Sidey teaches the plane of said curvilinear longitudinal axis each magnet of said plurality of axially-magnetized curvilinear permanent magnets (214 or 314) is oriented orthogonally to an axis of rotation of a rotor comprising said plurality of axially-magnetized curvilinear permanent magnets (Figs.3, 4).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sidey in view of Okubo (US 2015/0303749 A1).
RE claim 4/1, Sidey has been discussed above. Sidey does not teach the apex of the arcuate-shaped longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is oriented towards said axis of rotation of said rotor.
Okubo teaches the apex of the arcuate-shaped longitudinal axis of each magnet 26 of said plurality of axially-magnetized curvilinear permanent magnets is oriented towards said axis of rotation of said rotor (see Fig.5). Therefore, it is possible to increase the magnet torque caused by the magnets and to obtain sufficient torque. Furthermore, it is also possible to reduce the torque ripple and cogging of the reluctance motor that uses the rotor (¶ 13, 15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sidey by having the apex of the arcuate-shaped longitudinal axis of each magnet of said plurality of axially-magnetized curvilinear permanent magnets is oriented towards said axis of rotation of said rotor, as taught by Okubo, for the same reasons as discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS TRUONG whose telephone number is (571)270-5532. The examiner can normally be reached Monday-Friday 9AM-6PM EST.
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/THOMAS TRUONG/Primary Examiner, Art Unit 2834
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