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 . This Office Action is responsive to the Applicant's communication filed on January 2, 2025. In view of this communication, claims 14-26 are now pending in the application.
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 follow must be shown or the feature(s) canceled from the claim(s):
the auxiliary fan and/or a sensor and/or analysis facilities and/or contacting options and/or designed to communicate with the superordinate controller
an air filter
an industrial driven machine such as compressor, fan, pump or blower
No new matter should be entered.
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.
The drawings are objected to because the secondary opening is not labeled in the drawings of specification. 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 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-26 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 14, 18, and 24 the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 26, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 15-26 are also rejected solely for being dependent from rejected claim 14.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 26 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 26 recites an "industrial driven machine " comprising the dynamoelectric machine of claim 14, but does not recite any additional limitations of said dynamoelectric machine. Thus, the claim does not further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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(s) 14-15, 17-24, and 26is/are rejected under 35 U.S.C. 103 as being unpatentable over NYMAN(US 20170303436 A1) in view of LE FLEM(US 20100186592 A1).
In regards to claim 14, NYMAN teaches:
A dynamoelectric machine(Fig 1; 2), comprising:
a stator comprising a winding system(a winding system is common knowledge in the art and standard for stators[0002]);
a rotor mounted for rotation about an axis and interacting with the stator(a rotor attached to a shaft being propelled by a stator is common knowledge and shown in Fig 1 [0002]);
a top-mounted cooler (Fig 1; 1) including receiving openings (Fig 1; 4)for accommodating modules (Fig 1; 5) to form a heat exchanger, in particular a plate heat exchanger[abstract], the top-mounted cooler (Fig 1; 1)designed in conjunction with the dynamoelectric machine (Fig 1; 2)to implement a primary circuit (Fig 1; 12)and a secondary circuit (Fig 1; 6)which is fluidically separate from the primary circuit[0039], with the top-mounted cooler(Fig 1; 1) including primary openings (Fig 1; 9’/11’) to the dynamoelectric machine (Fig 1; 2)to implement the primary circuit(Fig 1; 6)[0040], and secondary openings (Fig 1; 14/15)to implement the secondary circuit(Fig 1; 6),
said top-mounted cooler (Fig 1; 1)forming a frame or housing (Fig 1; 3)which provides, for the modules(Fig 1; 5/a/5b),
wherein by inserting the modules (Fig 1; 5a/5b)into, or removing them from, their respective receiving openings(Fig 1; 4), closure mechanisms for opening or closing the primary circuit and the secondary circuit are actuated(removing module 5a or 5b would open the primary circuit 12’ while the secondary circuit would remain open), wherein one of the modules (Fig 1; 5a/5b)of the top-mounted cooler (Fig 1; 1)has areas fluidically separated from one another which enable the primary circuit (Fig 1; 12)and the secondary circuit(Fig 1; 6) to be implemented(shown in Fig 3 [0031]), said one module (Fig 1; 5a/5b)having at least one section containing an auxiliary fan and/or a sensor and/or analysis facilities and/or contacting options and/or designed to communicate with the superordinate controller(external fan designed to be in use with controller to adapt to unit cooling needs [0036]), wherein the one module(Fig 1; 5a/5b), when inserted into a corresponding one of the receiving openings(Fig 1; 4) of the top-mounted cooler (Fig 1; 1)enables at least part of the primary circuit (Fig 1; 12)and at least part of the secondary circuit(Fig 1; 6)(the modules 5a or 5b are essential parts of the separate operations of primary 12 and secondary 6 cooling circuits); and
an enclosure (Fig 1; 8)having openings (Fig 1; 9’/11’)in correspondence with the primary openings(Fig 1; 9’/11’) such that during operation of the dynamoelectric machine(Fig 1; 2), the primary circuit (Fig 1; 12) is established which is re-coolable by a cooling airflow of the secondary circuit (Fig 1; 6)via the modules (Fig 1; 5a/5b)of the top-mounted cooler(Fig 1; 1).
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NYMAN does not teach:
an electrical contacting facility and/or data interconnection in a corresponding one of the receiving openings.
LE FLEM teaches:
an electrical contacting facility and/or data interconnection (sensors [0037])of the modules and/or connections to a superordinate controller (controller [0037])in a corresponding one of the receiving openings( sensor may be positioned in the air surrounding the open-ventilation system or within the air cleaner or open-ventilation system[0037]).
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 NYMAN by adding the sensor and controller system taught by LE FLEM to the receiving openings taught by NYMAN, in order to directly measure the characteristics of the air entering the system or indirectly, the characteristics of the air leaving the system, or the power output of the electrical machine itself [0037 LE FLEM], thus giving better insight and data on machine operations.
In regards to claim 15, NYMAN in view of LE FLEM, teaches the dynamo-electric machine of claim 14.
NYMAN does not teach:
wherein the sensor is disposed in the primary circuit and/or in the secondary circuit and/or in the section of the one module.
LE FLEM teaches:
wherein the sensor is disposed in the primary circuit and/or in the secondary circuit and/or in the section of the one module (sensor may be positioned in the air surrounding the open-ventilation system or within the air cleaner or open-ventilation system[0037]).
In regards to claim 17, NYMAN in view of LE FLEM, teaches the dynamo-electric machine of claim 14:
wherein the fluidically separate areas of the one module (Fig 1; 5a/5b)as part of the primary circuit (Fig 1; 12)and part of the secondary circuit (Fig 1; 6) are designed as plates[abstract, 0013].
In regards to claim 18, NYMAN in view of LE FLEM, teaches the dynamo-electric machine of claim 17:
wherein the plates are implemented as surface-enlarging structures (a plate by definition is an enlarged surface), in particular of corrugated design.
In regards to claim 19, NYMAN in view of LE FLEM, teaches the dynamo-electric machine of claim 14:
wherein the top-mounted cooler (Fig 5; 1) includes a central channel (Fig 5; 14)disposed in parallel relation to the axis and designed to receive an airflow of the secondary circuit (Fig 5; 6)for the modules(Fig 5; 5a/5b), the dynamo-electric machine (Fig 1; 2) further comprising integrated (Fig 1; 16)and/or external fans which are designed to generate the airflow and disposed directly on the dynamo-electric machine (Fig 1; 2)or in a vicinity of the dynamoelectric machine[0042].
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In regards to claim 20, NYMAN in view of LE FLEM, teaches the dynamo-electric machine of claim 14:
wherein the secondary circuit (Fig 1; 6) has an open design to allow operation using ambient air[0034].
In regards to claim 21, NYMAN in view of LE FLEM, teaches the dynamo-electric machine of claim 14:
wherein the housing (Fig 1; 3)of the top-mounted cooler (Fig 1; 1)has openings for at least one inflow channel (Fig 1; 13)and at least one outflow channel (Fig 1; 9’/11’)of the primary circuit(Fig 1; 12), and openings (Fig 1; 14)for intake air and exhaust (Fig 1; 15)air channels of the secondary circuit(Fig 1; 6).
In regards to claim 22, NYMAN in view of LE FLEM, teaches the dynamo-electric machine of claim 14:
wherein the housing of the top-mounted cooler (Fig 1; 1)comprises flow-directing devices (Fig 3 shows how the modules 5a/5b direct the flow of cooling air) and/or the closure mechanisms of the primary circuit (Fig 1; 12)and/or the secondary circuit(Fig 1; 6).
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In regards to claim 23, NYMAN in view of LE FLEM, teaches the dynamo-electric machine of claim 19:
an inlet (Fig 1; 14)( the central channel 14 also functions as the inlet of ambient air) for ambient air into the secondary circuit(Fig 1; 6), in particular upstream of the central channel(Fig 1; 14).
NYMENs does not teach:
comprising an air filter.
LE FLEM teaches:
comprising an air filter (Fig 1; 30)
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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 NYMAN by adding the filter taught by LE FLEM to an area upstream of the inlet taught by NYMAN, in order to improve air quality for open-ventilated electrical machines. [0001 LE FLEM], thus improving machine operation reliability.
In regards to claim 24, NYMAN in view of LE FLEM, teaches the dynamo-electric machine of claim 14:
further comprising an external fan and/or an integrated fan designed (Fig 1; 16)to generate the cooling airflow of the primary circuit (Fig 1; 12)and/or secondary circuit[0042], and/or wherein the cooling airflow is assisted, in particular optionally, by auxiliary fans of the modules.
In regards to claim 26, NYMAN in view of LE FLEM, teaches:
An industrial driven machine(electrical machine system [0001]) such as compressor, fan, pump or blower,
the industrial driven machine comprising the dynamoelectric machine of claim 14, wherein a cooling performance of the dynamoelectric machine is adjustable according to use and installation site [0036]of the dynamoelectric machine via adjustable volume flow rates of the primary circuit (Fig 1; 12)and/or the secondary circuit (Fig 1; 6)and/or via a number of the modules(Fig 1; 5a/5b) and/or type of the modules(changing fan speed to change flow volume of circuits[0036]) .
Allowable Subject Matter
Claims 16 and 25 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.
Regarding claim 16, The following is a statement of reasons for the indication of allowable subject matter:
However, the prior art does not teach wherein the closure mechanisms are designed as displaceable cover panels and/or flaps. (The underlined is allowable subject matter.)
Claim 16 is objected to, and not rejected, because the limitation of the closure mechanisms are designed as displaceable cover panels and/or flaps is too specific which makes it novel.
Regarding claim 25, The following is a statement of reasons for the indication of allowable subject matter:
However, the prior art does not teach wherein the sensor is designed to detect data including a cooling temperature. (The underlined is allowable subject matter.)
Claim 25 is objected to, and not rejected, because the limitation of the sensor is designed to detect data including a cooling temperature is too specific which makes it novel.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS L SETZER whose telephone number is (571)272-3021. The examiner can normally be reached Mon-Fri, 8am-5pm EST.
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.
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/N.L.S./Examiner, Art Unit 2834
/OLUSEYE IWARERE/Supervisory Patent Examiner, Art Unit 2834
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