Prosecution Insights
Last updated: September 17, 2026
Application No. 18/847,996

MAGNETIC LEVITATION MOTOR

Final Rejection §103
Filed
Sep 17, 2024
Priority
Mar 30, 2022 — JP 2022-057372 +1 more
Examiner
ANDREWS, MICHAEL
Art Unit
Tech Center
Assignee
National University Corporation Gunma University
OA Round
2 (Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
10m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
805 granted / 1250 resolved
+4.4% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
37 currently pending
Career history
1286
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
52.7%
+12.7% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
20.9%
-19.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1250 resolved cases

Office Action

§103
DETAILED ACTION 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 29 July 2026. In view of this communication and the amendment concurrently filed: claims 1-8 were previously pending; claim 5 was canceled and claims 9-10 were added by the amendment; and thus, claims 1-4 and 6-10 are now pending in the application. Response to Arguments The Applicant’s arguments, filed 29 July 2026, have been fully considered and are persuasive. The Applicant’s first argument (page 4 of the Remarks) alleges that the objection to the drawings has been obviated by the cancelation of claim 5. Since the objected to limitations are no longer recited, this argument is persuasive and said objection has been withdrawn. The Applicant’s second argument (pages 4-7 of the Remarks) alleges, regarding the previous grounds of rejection under 35 U.S.C. 102, that Asama does not disclose the amended limitations of claim 1. Since Asama discloses only single cylindrical member on each of the rotor and the stator, said cylindrical members having the same outer diameters as the rotor and stator themselves, this argument is persuasive. However, the previously cited Khatri reference clearly discloses an axially opposed rotor and stator having cylindrical members with diameters smaller than the outer diameters of the rotor and stator, respectively (see fig. 5a). Thus, new grounds of rejection have been made citing Asama in view of Khatri. The Applicant’s third argument (page 7 of the Remarks) alleges, regarding new claims 9-10, that Asama does not disclose multiple cylindrical members on each of the rotor and stator. However, these limitations are further disclosed by the newly applied Khatri reference and are thus rejected under said new grounds. Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a), which papers have been placed of record in the file. Disclosure The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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. Claim(s) 1-4 and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Asama et al. (JP 2011-259638), hereinafter referred to as “Asama”, in view of Khatri et al. (US 11,005,336 B1), hereinafter referred to as “Khatri”. Regarding claim 1, Asama discloses a magnetic levitation motor [1] (fig. 1-9; ¶ 0016), comprising: a rotor [4] that is rotatable in a circumferential direction (fig. 1-2; ¶ 0016-0017); a one-side stator [2] that is disposed at one side in an axial direction of the rotor [4] (fig. 1-2; ¶ 0016-0017); an other-side stator [3] that is disposed at another side in the axial direction of the rotor [4] and that is provided with a coil [15] (fig. 1-2; ¶ 0016-0017); a rotating permanent magnet [9b,10b] that is provided at an axial direction other-side portion of the rotor [4] and that is attracted to the other-side stator [3] such that the rotor [4] is attracted toward the other side in the axial direction (fig. 6-9; ¶ 0018-0019), with magnetic flux generated by the coil [15] being controlled such that the rotor [4] is rotated (¶ 0021-0022); and PNG media_image1.png 428 662 media_image1.png Greyscale an attracting permanent magnet [9a,10a] that is provided at at least one of an axial direction one-side portion of the rotor [4] or the one-side stator [2] such that an attracting magnetic path is formed between the rotor [4] and the one-side stator [2] (fig. 6-9; ¶ 0020), whereby the rotor [4] is attracted toward the one side in the axial direction (¶ 0020-0023), and when the rotor [4] has become displaced in a radial direction, the attracting magnetic path is inclined relative to the axial direction of the rotor [4] (fig. 6-9; ¶ 0022-0023). Asama does not disclose the rotor having an outer diameter and including a first cylindrical member at an axial direction one-side portion of the rotor, the first cylindrical member having an outer diameter that is less than the outer diameter of the rotor; the one side stator including a second cylindrical member having an outer diameter that is less than the outer diameter of the rotor; or that the attracting magnetic path flows axially between the first cylindrical member of the rotor and the second cylindrical member of the one-side stator. Khatri discloses a magnetic levitation motor driving a pump and comprising a rotor [200] and a stator [220] (fig. 2-3; col. 5, lines 39-63), the rotor [200] having an outer diameter and including a first cylindrical member [302a] at an axial direction one-side portion of the rotor [200], the first cylindrical member [302a] having an outer diameter that is less than the outer diameter of the rotor [200] (fig. 5a; col. 7, lines 9-38; the diameter of the inner magnet ring is smaller than the diameter of the rotor); the one side stator [220] including a second cylindrical member [222a] having an outer diameter that is less than the outer diameter of the rotor [200] (fig. 5a; col. 7, lines 39-64; the diameter of the inner ring of the stator body is smaller than the diameter of the rotor); and PNG media_image2.png 420 638 media_image2.png Greyscale wherein the attracting magnetic path [306] flows axially between the first cylindrical member [302a] of the rotor [200] and the second cylindrical member [222a] of the one-side stator [220] (fig. 5a; col. 7, lines 27-38). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the magnetic circuit of Asama having the cylindrical members as taught by Khatri, on order to provide a less complex system thereby improving its reliability (col. 5, lines 6-11 of Khatri). Regarding claim 2, Asama, in view of Khatri, discloses the magnetic levitation motor [1] of claim 1, as stated above, further comprising: a rotating opposing portion [6A] that is provided at the rotor [4] (fig. 2-4; ¶ 0017-0020); and a fixed opposing portion [12] that is provided at the one-side stator [2] and that opposes the rotating opposing portion [6A] such that the attracting magnetic path is formed between the rotating opposing portion [6A] and the fixed opposing portion [12] (fig. 6-9; ¶ 0020), and when the rotor [4] has become displaced in the radial direction, at least part of opposition between the rotating opposing portion [6A] and the fixed opposing portion [12] is canceled (fig. 9; ¶ 0022-0023; “field weakening”). Regarding claim 3, Asama, in view of Khatri, discloses the magnetic levitation motor [1] of claim 2, as stated above, wherein an opposing surface of the fixed opposing portion [12] that opposes the rotating opposing portion [6A] is disposed along an opposing surface of the rotating opposing portion [6A] that opposes the fixed opposing portion [12] (fig. 1-9; axial end surfaces of the fixed and rotating components face one another). Regarding claim 4, Asama, in view of Khatri, discloses the magnetic levitation motor [1] of claim 2, as stated above, wherein at least one of the rotating opposing portion [6A] or the fixed opposing portion [12] is formed in a tubular shape or a columnar shape (fig. 2; the rotor surfaces are formed in tubular/cylindrical shapes while the stator surfaces are formed with a series of circumferentially spaced columns; ¶ 0034, the stator surfaces may also be formed in a tubular/cylindrical shape). Regarding claim 6, Asama, in view of Khatri, discloses the magnetic levitation motor [1] of claim 1, as stated above, wherein the attracting magnetic path is formed at the entire circumferential direction of the rotor [4] (¶ 0034; “protrusions 12 may be integrally formed in a cylindrical shape along the peripheral edge portion of the bottom plate 11”). Regarding claim 7, Asama, in view of Khatri, discloses the magnetic levitation motor [1] of claim 1, as stated above, wherein a plurality of the attracting magnetic paths are formed at the radial direction of the rotor [4] (fig. 1-4; ¶ 0020, 0032). Regarding claim 8, Asama, in view of Khatri, discloses the magnetic levitation motor [1] of claim 1, as stated above, wherein a fluid is pumped by the rotation of the rotor [4] (¶ 0002, 0016). Regarding claim 9, Asama, in view of Khatri, discloses the magnetic levitation motor [1] of claim 1, as stated above, wherein Khatri further discloses that the attracting permanent {magnet} [302] is integrally formed with the first cylindrical member [302a] or the second cylindrical member [222a] (fig. 5a; col. 7, lines 9-38; the cylindrical members of the rotor are formed by permanent magnets). Regarding claim 10, Asama, in view of Khatri, discloses the magnetic levitation motor [1] of claim 1, as stated above, wherein Khatri further discloses that the rotor [200] further includes a third cylindrical member [302b] disposed radially outward of the first cylindrical member [302a], and the one-side stator [220] further includes a fourth cylindrical member [222b] disposed radially outward of the second cylindrical member [222a] (fig. 5a; col. 7, lines 9-64). Citation of Relevant Prior Art The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Prior art: Ono et al. (US 2020/0350804 A1) discloses a magnetic levitation motor driving a pump and comprising a rotating disk with stationary coils located on both axial sides thereof. Asami et al. (JP 2006-136062 A) discloses a magnetic levitation motor comprising a rotating disk with stationary coils located on both axial sides thereof, the stationary coils having poles forming an attracting magnetic path at the entire circumferential direction of the rotor. Chen et al. (US 2005/0147512 A1) discloses a magnetic levitation motor driving a pump and comprising a rotating disk with stationary coils located on both axial sides thereof. Conclusion Applicant's amendment necessitated any new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 date of this final action. This action is a final rejection and closes the prosecution of this application. Applicant’s reply under 37 CFR 1.113 to this action is limited to an appeal to the Patent Trial and Appeal Board, an amendment complying with the requirements set forth below, or a request for continued examination (RCE) to reopen prosecution where permitted. General information on the Patent Trial and Appeal Board is available at: www.uspto.gov/patents/patent-trial-and-appeal-board/about-ptab/new-ptab. The information at this page includes guidance on time limited options that may assist the applicant contemplating appealing an examiner’s rejection. It also includes information on pro bono (free) legal services and advice available for those who are under-resourced and considering an appeal at: https://www.uspto.gov/patents/patent-trial-and-appeal-board/patent-trial-and-appeal-board-pro-bono-program-independent. The page is best reviewed promptly after applicant has received a final rejection or the claims have been twice rejected because some of the noted assistance must be requested within one month from the date of the latest rejection. See MPEP § 1204 for more information on filing a notice of appeal. If applicant should desire to appeal any rejection made by the examiner, a Notice of Appeal must be filed within the period for reply. The Notice of Appeal must be accompanied by the fee required by 37 CFR 41.20(b)(1). The current fee amount is available at: www.uspto.gov/Fees. If applicant should desire to file an after-final amendment, entry of the proposed amendment cannot be made as a matter of right unless it merely cancels claims or complies with a formal requirement made in a previous Office action. Amendments touching the merits of the application which otherwise might not be proper may be admitted upon a showing of good and sufficient reasons why they are necessary and why they were not presented earlier. A reply under 37 CFR 1.113 to a final rejection must include cancellation of or appeal from the rejection of, each rejected claim. The filing of an amendment after final rejection, whether or not it is entered, does not stop the running of the statutory period for reply to the final rejection unless the examiner holds all of the claims to be in condition for allowance. If applicant should desire to continue prosecution in a utility or plant application filed on or after May 29, 2000 and have the finality of this Office action withdrawn, an RCE under 37 CFR 1.114 may be filed within the period for reply. See MPEP § 706.07(h) for more information on the requirements for filing an RCE. The application will become abandoned unless a Notice of Appeal, an after final replay that places the application in condition for allowance, or an RCE has been filed properly within the period for reply, or any extension of this period obtained under either 37 CFR 1.136(a) or (b). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Andrews whose telephone number is (571)270-7554. The examiner can normally be reached on Monday-Thursday, 8:30am-3:00pm. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oluseye Iwarere can be reached at 571-270-5112. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Michael Andrews/ Primary Examiner, Art Unit 2834
Read full office action

Prosecution Timeline

Sep 17, 2024
Application Filed
May 14, 2026
Non-Final Rejection mailed — §103
Jul 29, 2026
Response Filed
Aug 21, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
64%
Grant Probability
88%
With Interview (+24.1%)
2y 10m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1250 resolved cases by this examiner. Grant probability derived from career allowance rate.

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