DETAILED ACTION
This Office Action is in response to applicant’s communication filed on 7.24.26. In view of this communication, claims 1-27 are now pending in this application.
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 .
Election/Restrictions
Applicant’s election without traverse of Invention II : Claims 8-19,20-27 in the reply filed on 7.24.26 is acknowledged.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Objections
Claims below are objected to because of the following informalities:
Claim 10 recites “the first and second layers” wherein “the” should be removed as there is no recitation of “layers” in claim 8.
Claims 17,21 recites “the gap” wherein “the” should be replaced with “a” as there is no recitation of “gap” in claims 8,20 respectively.
Appropriate correction is required.
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.
Independent Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.US11652379B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of instant application claim 8 is recited in claim 1 of U.S. Patent No.US11652379B2 and claim 1 of U.S. Patent No.US11652379B2 has additional limitations making it narrower which will read on the broader genus claim 8 of instant application.
Claims 9-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-12 respectively of U.S. Patent No.US11652379B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of instant application claims 9-19 are recited in claims 2-12 of U.S. Patent No.US11652379B2 respectively and claims 2-12 of U.S. Patent No.US11652379B2 has additional limitations making it narrower which will read on the broader genus claims 9-19 of instant application.
Independent Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No.US11652379B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of instant application claim 20 are recited in claim 13 of U.S. Patent No.US11652379B2 and claim 13 of U.S. Patent No.US11652379B2 has additional limitations making it narrower which will read on the broader genus claim 13 of instant application.
Claims 21-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14-20 respectively of U.S. Patent No.US11652379B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of instant application claims 21-27 are recited in claims 14-20 of U.S. Patent No.US11652379B2 respectively and claims 14-20 of U.S. Patent No.US11652379B2 has additional limitations making it narrower which will read on the broader genus claims 21-27 of instant application.
Allowable Subject Matter
Claims 8-27 are allowable(subject to overcoming claim objections and Double Patenting rejection).
The following is a statement of reasons for the indication of allowable subject matter:
Closest reference is Stiesdal (US20090256442A1) which can be combined with Tsuitsui et al (JPS5849057A English translation), hereinafter Tsuitsui.
Regarding Claim 8, Stiesdal discloses an electric motor [Abstract, generator and motor are structurally same] comprising:
an annular stator (Fig 2 below, 8) extending about an axis (Fig 2, A) and presenting a first radial surface (Fig 3 below, 21);
a rotor (Fig 2, 7) extending about the axis (Fig 2, A) and rotatable relative to the stator and presenting a second radial surface (Fig 3, 13) defining a rotor raceway disposed in spaced relationship with the first radial surface of the stator;
the first radial surface (Fig 3, 21)of the stator defining a plurality of slots [Para 0019] in spaced relationship with one another to define a plurality of spaced teeth between the slots [Para 0019 discloses plurality of ring segments which is the same as plurality of slots and the space between the slots are the teeth];
at least one electrical conductor (Fig 3, 17)[Para 0019 discloses slot for stator winding] disposed in each of the slots [Para 0019 discloses plurality of ring segments] and configured to selectively create a moving magnetic field for acting upon the rotor for providing rotational movement of the rotor [Para 0011] in response to a current being applied to the at least one electrical conductor; and
a portion of the at least one electrical conductor (Fig 3, 17) in each of the slots [Para 0019]extending substantially into radial alignment (Fig 3, 17 is in radial alignment with slot surface defined by element Fig 3, 16s) with, or past the first radial surface (Fig 3, 21) of the stator to at least partially define a stator raceway of the stator for engaging the rotor raceway of the rotor during relative movement between the rotor and the stator to function as a bearing while also creating the moving magnetic field [Para 0010, 0011 discloses bearing surfaces on rotor and stator].
Stiesdahl does not explicitly disclose wherein the plurality of electrical conductors in each of the slots includes at least a first electrical conductor radially stacked over a second electrical conductor, andwherein the first electrical conductor is made of a harder and less conductive material than the second electrical conductor; wherein the first electrical conductor is comprised of one of a copper iron and copper zinc material, and wherein the second electrical conductor is comprised of one of an oxygen carrying copper and an oxygen-free high conductivity copper.
Tsutsui discloses a plurality of electrical conductors in each of the slots, and wherein the plurality of electrical conductors (Tsutsui, Fig below1, 16,20) in each of the slots (Tsutsui, Fig 1, 12) includes at least a first electrical conductor radially stacked over a second electrical conductor, and wherein the first electrical conductor is made of a harder and less conductive material than the second electrical conductor [Tsutsui, Abstract discloses coil conductors 16,20 formed by plating nickel on the surfaces of copper wires. Nickel is harder and less conductive than Copper and is radially stacked on top of copper. Therefore ,Nickel plating can be the first electrical conductor and copper can be the second electrical conductor] .
Neither Stiesdahl nor Tsutsui explicitly discloses the rest of the limitations i.e., wherein the first electrical conductor is comprised of one of a copper iron and copper zinc material, and wherein the second electrical conductor is comprised of one of an oxygen carrying copper and an oxygen-free high conductivity copper”.
Claim 20 has similar limitations as claim 8 which is read by Stiesdahl in view of Tsuitsui except “wherein the plurality of electrical conductors in each of the slots further includes a third electrical conductor radially beneath the second electrical conductor, and wherein the first electrical conductor is made of a harder and less conductive material than the third electrical conductor” which is not disclosed by Stiesdahl or Tsuitsui.
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Next reference is Gehrke et al (DE102015207778A1 English translation), hereinafter Gehrke.
Gehrke discloses (Figs 1,3) an electric motor [Para 0002] comprising:
an annular stator (3) extending about an axis (3 centerline) and presenting a first radial surface (Fs);
a rotor (2) extending about the axis (2 centerline) and rotatable relative to the stator and presenting a second radial surface (Sr) defining a rotor raceway [0006] disposed in spaced relationship with the first radial surface of the stator;
the first radial surface of the stator defining a plurality of slots (6 space) in spaced relationship with one another to define a plurality of spaced teeth between the slots(Fig 3 discloses teeth Te];
at least one electrical conductor (6) disposed in each of the slots and configured to selectively create a moving magnetic field for acting upon the rotor for providing rotational movement of the rotor in response to a current being applied to the at least one electrical conductor; and
a portion of the at least one electrical conductor in each of the slots extending substantially into radial alignment with, or past the first radial surface of the stator to at least partially define a stator raceway of the stator (Fig 1) for engaging the rotor raceway of the rotor during relative movement between the rotor and the stator to function as a bearing while also creating the moving magnetic field [Para 0026]
Gehrke does not explicitly disclose wherein the plurality of electrical conductors in each of the slots includes at least a first electrical conductor radially stacked over a second electrical conductor, and wherein the first electrical conductor is made of a harder and less conductive material than the second electrical conductor; wherein the first electrical conductor is comprised of one of a copper iron and copper zinc material, and wherein the second electrical conductor is comprised of one of an oxygen carrying copper and an oxygen-free high conductivity copper. Gehrke also does not disclose wherein the plurality of electrical conductors in each of the slots further includes a third electrical conductor radially beneath the second electrical conductor, and wherein the first electrical conductor is made of a harder and less conductive material than the third electrical conductor.
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Next reference is Scheicher (DE102017209895A1 English translation).
Scheicher discloses (Fig 1b) an electric motor [Para 0025] comprising:
an annular stator (2) extending about an axis (2 centerline) and presenting a first radial surface (2A);
a rotor (3) extending about the axis (4 centerline) and rotatable relative to the stator and presenting a second radial surface (3A) defining a rotor raceway [0026] disposed in spaced relationship with the first radial surface of the stator;
the first radial surface of the stator defining a plurality of slots (Para 0039) in spaced relationship with one another to define a plurality of spaced teeth between the slots(Para0039 discloses “slots and grooves”];
at least one electrical conductor (0035) disposed in each of the slots and configured to selectively create a moving magnetic field for acting upon the rotor for providing rotational movement [0025]of the rotor in response to a current being applied to the at least one electrical conductor; and
a portion of the at least one electrical conductor in each of the slots extending substantially into radial alignment with, or past the first radial surface of the stator to at least partially define a stator raceway of the stator for engaging the rotor raceway of the rotor during relative movement between the rotor and the stator to function as a bearing while also creating the moving magnetic field [Para 0026]
Scheicher does not explicitly disclose wherein the plurality of electrical conductors in each of the slots includes at least a first electrical conductor radially stacked over a second electrical conductor, andwherein the first electrical conductor is made of a harder and less conductive material than the second electrical conductor; wherein the first electrical conductor is comprised of one of a copper iron and copper zinc material, and wherein the second electrical conductor is comprised of one of an oxygen carrying copper and an oxygen-free high conductivity copper. Scheicher also does not disclose wherein the plurality of electrical conductors in each of the slots further includes a third electrical conductor radially beneath the second electrical conductor, and wherein the first electrical conductor is made of a harder and less conductive material than the third electrical conductor.
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Next reference is Bastian II et al (US20190222096A1), hereinafter Bastian.
Bastian discloses (Figs 2-3) an electric motor (200) comprising:
an annular stator (210) extending about an axis (225) and presenting a first radial surface (255);
a rotor (205) extending about the axis (230) and rotatable relative to the stator and presenting a second radial surface (250) defining a rotor raceway (Fig 2) disposed in spaced relationship with the first radial surface of the stator;
at least one electrical conductor (325) and configured to selectively create a moving magnetic field for acting upon the rotor for providing rotational movement of the rotor [0126] in response to a current being applied to the at least one electrical conductor; and
Bastian does not explicitly disclose the slot structure of stator and does not explicitly disclose wherein the plurality of electrical conductors in each of the slots includes at least a first electrical conductor radially stacked over a second electrical conductor, and wherein the first electrical conductor is made of a harder and less conductive material than the second electrical conductor; wherein the first electrical conductor is comprised of one of a copper iron and copper zinc material, and wherein the second electrical conductor is comprised of one of an oxygen carrying copper and an oxygen-free high conductivity copper. Bastian also does not disclose wherein the plurality of electrical conductors in each of the slots further includes a third electrical conductor radially beneath the second electrical conductor, and wherein the first electrical conductor is made of a harder and less conductive material than the third electrical conductor.
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Therefore claims 8-27 are allowable subject to overcoming claim objections and Double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dedo et al (US20190093757A1) discloses lubricant supported electric motor with lubricant in gap between rotor and stator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISWANATHAN SUBRAMANIAN whose telephone number is (571)272-4814. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher M Koehler can be reached on 5712723560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VISWANATHAN SUBRAMANIAN/Examiner, Art Unit 2834
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