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 September 25, 2024. In view of this communication, claims 1-15 are now pending in the application.
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.
Claim 3 is 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.
Claim 3 recites the limitation "the rotor". There is insufficient antecedent basis for this limitation in the claim.
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 6 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 6 recites a "fan" comprising a motor of claim 1, but does not recite any additional limitations of said motor. 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 § 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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated EUNJI (KR 20210075937 A).
Regarding claim 1, EUNJI teaches:
A motor (Fig 3; 20) comprising:
a shaft(Fig 3; 23);
a bearing(Fig 3; 24); and
a holding member (Fig 3; 112/174) configured to hold the bearing(Fig 3; 24)[abstract], wherein the holding member(Fig 3; 112/174) includes a protruding part (Fig 3; 112a/174a)protruding toward the shaft(Fig 3; 23),
the bearing (Fig 3; 24)and the protruding part (Fig 3; 112a/174a)are away from each other in an axial direction(axial gap shown in detail of Fig 3, also in Fig 4/5 of EUNJI), and
the protruding part (Fig 3; 112a/174a)and the shaft(Fig 3; 23) are away from each other in a radial direction(radial gap shown in detail of Fig 3, also in Fig 4/5 of EUNJI).
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Regarding claim 2, EUNJI teaches the motor according to claim 1:
wherein a gap part(Fig 4; G1) is disposed between the bearing (Fig 4; 24)and the protruding part (Fig 4; 112a)in the axial direction, and
the gap part (Fig 4; G1)communicates with an outside of the motor through a space between an end part of the protruding part (Fig 4; 112a)at an inner side in the radial direction and the shaft(Fig 4; 23)(outside gap shown in Fig 4).
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Regarding claim 3, EUNJI teaches the motor according to claim 1:
comprising a rotor, wherein in the axial direction, the rotor(Fig 3; 31)(the present application used the terms rotor, weight, and impeller to mean substantially the same structure even though the terms are known in the art to be separate elements; thus, for ease of understanding impeller 31 of EUNJI is referred to as the “rotor”) is fixed at one side of the shaft(Fig 3; 23)[0087], and the protruding part (Fig 3; 112a)is disposed at the other side of the shaft(Fig 3; 23).
Regarding claim 4, EUNJI teaches the motor according to claim 3:
wherein a distance between the protruding part (Fig 3; 112a)and the bearing(Fig 3; 24) is shorter than a distance between the holding member (Fig 3; 112)and the rotor in the axial direction(The distance in Fig 3 is significant shorter).
Regarding claim 5, EUNJI teaches the motor according to claim 1:
wherein the bearing (Fig 4; 24) includes an outer ring (Fig 4; 241)held by the holding member(Fig 4; 112), and
the end part of the protruding part (Fig 4; 112a)at the inner side in the radial direction is disposed at an inner side with respect to the outer ring(Fig 4; 241) in the radial direction.
Regarding claim 6, EUNJI teaches:
A fan (Fig 1; 30)comprising:
the motor (Fig 1; 20)according to claim 1; and
an impeller (Fig 1; 31) disposed at one side of the shaft(Fig 1; 23) [0038-0040].
Regarding claim 7, EUNJI teaches:
A bearing device comprising:
a bearing(Fig 3; 24); and
a holding member (Fig 3; 112/174)configured to hold the bearing(Fig 3; 24)[abstract], wherein the holding member (Fig 3; 112/174) includes a protruding part (Fig 3; 112a/174a)protruding toward an inner side in a radial direction,
the bearing (Fig 3; 24) and the protruding part (Fig 3; 112a/174a)are away from each other in an axial direction(Fig 4; G1), and
an end part of the protruding part (Fig 3; 112a/174a)at the inner side in the radial direction is a free end(radial gap shown in detail of Fig 3, also in Fig 4/5 of EUNJI).
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) 8-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over EUNJI (KR 20210075937 A) in view of MAKOTO (JP H0217957 U).
In regards to claim 8, EUNJI teaches:
A motor(Fig 3; 20) comprising:
a shaft(Fig 3; 23);
a weight (Fig 3; 30) (the present application used the terms rotor, weight, and impeller to mean substantially the same structure even though the terms are known in the art to be separate elements; thus, for ease of understanding impeller 31 of EUNJI is referred to as the “weight”) disposed at one side of the shaft(Fig 3; 23);
a first bearing (Fig 3; 24)disposed at the one side of the shaft(Fig 3; 23);
a second bearing (Fig 3; 24)disposed at the other side of the shaft(Fig 3; 23); and
an elastic member (Fig 3; 25)
wherein the first bearing (Fig 4; 24)includes an inner ring (Fig 4; 243)supported by the shaft(Fig 4; 23), and
the weight (Fig 3; 30) includes a part at an outer side with respect to the inner ring(Fig 3; 243) of the first bearing (Fig 3; 24)in a radial direction.
EUNJI does not teach:
an elastic member disposed between the second bearing and the shaft.
MAKOTO teaches:
an elastic member (Fig 1; 5) disposed between the second bearing (Fig 1; 3)and the shaft(Fig 1; 1).
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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 EUNJI by using the elastic member location taught by MAKOTO, in order to prevent the rotating shaft from wobbling the inner ring of the non-load baring side [MAKOTO pg 2; paragraph 1].
Additionally, the Applicant should note that it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
In regards to claim 9, EUNJI in view of MAKOTO, teaches the motor according to claim 8:
wherein the weight (Fig 1; 30)includes an arm part (Fig 1; 313) extending to an outer side in the radial direction, and the arm part (Fig 1; 34)extends to the outer side in the radial direction with respect to the inner ring(Fig 4; 243) of the first bearing.
In regards to claim 10, EUNJI in view of MAKOTO, teaches the motor according to claim 8:
wherein the first bearing (Fig 3; 24)is a ball bearing[abstract].
In regards to claim 11, EUNJI in view of MAKOTO, teaches the motor according to claim 8:
wherein the second bearing (Fig 3; 24) includes an inner ring (Fig 4; 243)supported by the shaft(Fig 4; 23).
EUNJI does not teach:
the elastic member is disposed between the inner ring and the shaft.
MAKOTO teaches:
the elastic member (Fig 1; 5)is disposed between the inner ring (Fig 1; 3)and the shaft(Fig 1; 1).
In regards to claim 12, EUNJI in view of MAKOTO, teaches the motor according to claim 8:
wherein in an axial direction, an end part at the other side of the weight(Fig 3; 30) is disposed at the other side with respect to the first bearing(Fig 3; 24).
In regards to claim 13, EUNJI in view of MAKOTO, teaches the motor according to claim 8:
wherein the first bearing (Fig 3; 24)is in direct contact with the shaft (Fig 3; 23)in the radial direction.
In regards to claim 14, EUNJI in view of MAKOTO, teaches the motor according to claim 8:
wherein the weight (Fig 3; 30)is a rotor(the present application used the terms rotor, weight, and impeller to mean substantially the same structure even though the terms are known in the art to be separate elements; thus, for ease of understanding impeller 31 of EUNJI is referred to as the “weight”).
In regards to claim 15, EUNJI in view of MAKOTO, teaches the motor according to claim 8:
wherein: the motor(Fig 3; 20) is a fan motor including an impeller[abstract], and
the weight (Fig 3; 30)is the impeller(the present application used the terms rotor, weight, and impeller to mean substantially the same structure even though the terms are known in the art to be separate elements; thus, for ease of understanding impeller 31 of EUNJI is referred to as the “weight”).
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.
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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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