DETAILED ACTION
Amendments filed 1 March 2026 have been entered. Claims 1-10 are pending. The amendments address the 112 rejection of the previous office action.
Claim Objections
Claims 8-10 are objected to because of the following informalities:
Claim 8 and 9 recites numbered steps in a procedure delineated with closing parenthesis, but does not explicitly use the words “step.” Using only the number and closing parenthesis as a reference between claims 8 and 9 creates potential confusion with whether the number with the parenthesis refers to a claim, or an element number, or a step. Add the word “Step” to each recitation of step, so that it is “Step 1)” “Step 2)” “step 3)” “step 4)” “step 5)” Appropriate correction is required.
Claim 10 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim can only be dependent on claims in the alternative. Cumulatively claiming is not permitted. In this case, applicant has cumulatively claimed dependence on claim 1 and on claim 9 which is not permitted. See MPEP § 608.01(n).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ikariya (US 2021/0184544) in view of Tsai (US 2016/0047390) in view of Brendel (US 2019/0293077) in view of JP-172 (JP 6338172).
Claim 1, Ikariya a fan motor (fig 2, 101, par 0048), comprising:
a motor body (101); and
a motor controller (100, par 0050);
wherein: the motor body comprises a base (supporter 1, par 0048), a stator assembly (5), a rotor assembly (7), and a flange (outer cylindrical part of rotor 7 outside of rotor magnet 6)…; the rotor assembly is disposed around the stator assembly (fig 2 depicts rotor 7 around stator 5); the flange is disposed around the rotor assembly and serves as a mounting point for a fan wheel (fig 2 depicts fan blades 8 surrounding the cylindrical part of rotor 7);
the motor controller comprises a control box (fig 3, fitting part 22 and aluminum substrate 10, par 0059; fig 3 shows 22 and 10 forming a box shape) and a control circuit board (fig 5, the electronic elements 13 bonded to a copper foil layer 12 on an insulating layer 11 with a resin member 14, par 0052-0054; a person of ordinary skill would recognize this structure as a circuit board);
the control circuit board comprises a main control microprocessor (logic circuit+pre-driver 3025, par 0102; Alternately command range judgment circuit 605, par 0136; alternately pre-driver 703 which receives instruction signals from 705a, in order to process instructions it must have a microprocessor; pre-driver 803 receives instruction signals, par 0175),
an inverter circuit (motor drive output block 204/404/704/804, which is a three-phase inverter, par 0089, 0124, 0133, 0156, 0177), and
an interface microprocessor (control part 202 / 402 / 702 / 802 receives the command signal and outputs to the driver, par 0086-0089, 0104, 0122-0124, 0139-0141, 0152-0156, 0173-0175; examiner notes the interface microprocessors receive sensor input from the protection function circuits 205/305/405/605/705, par 0090, 102, 0125, 0138-0144, 0152); the main control microprocessor is configured to issue signals to operate the inverter circuit (control part 202 outputs instruction signals to the pre-driver 203/703/803 and drive output 204/704/804, par 0094, 0096); the inverter circuit comprises an output interface (drive output block, 204, 704, 804);
the stator assembly comprises coil windings (fig 2, winding wire 4, par 0050); the output interface of the inverter circuit is electrically connected to the coil windings (fig 10, fig 14 and fig 15, shows phase output to coils 21A1-21A3, par 0089);
the interface microprocessor (205/305/405/605/705) communicates with both the main control microprocessor (202/702/802) and a host computer (fig 13, upper ECU 650 which sends a command pulse input frequency to input circuit 601, par 0138; the command pulse input frequency determines speed, par 0142); …
Ikariya does not disclose
(Claim part A) The stator assembly is disposed on a sleeve protruding from the base;
(Claim part B) the control circuit board further comprises a vibration sensor communicating with the interface microprocessor; and when in use, …the vibration sensor is configured to continuously detect the vibration data of the fan motor operating at the preset speed V and to relay the vibration data to the interface microprocessor; the interface microprocessor is configured to receive and process the vibration data and to transmit the vibration data back to the host computer, and the host computer is configured to adjust the speed command based on the vibration data; and
The vibration sensor and the interface microprocessor are disposed out of and independent from the main control microprocessor
(Claim part C) the host computer is configured to send a speed command comprising a speed V to the main control microprocessor via the interface microprocessor; based on the speed command, the main control microprocessor is configured to adjust the inverter circuit to regulate the motor's speed at a preset speed V.
Regarding (claim part C)
Tsai teaches an analogous fan motor controller (fan motor 100, par 0006-0007, 0024),
a main control microprocessor (fan control module 102, par 0024),
an interface microprocessor (communication module 101, par 0024); the main control microprocessor is configured to issue signals to operate the fan (102 controls speed with 201, par 0027);
the interface microprocessor (101) communicates with both the main control microprocessor (102) and
a host computer (human-computer external system 10, par 0035, 0039; human-computer system generates control instructions, requests, and reasonably includes a computer with which the human interacts, par 0014, 0017); …
the control circuit board further comprises a… sensor communicating with the interface microprocessor (detection module 103, par 0038),
the host computer is configured to send a speed command comprising a speed V to the main control microprocessor via the interface microprocessor (human-computer interface generates fan control instructions for speed, par 0014, 0017, claims 6, 9); based on the speed command, the main control microprocessor is configured to … regulate the motor’s speed at the speed V (fan controlling module controls speed, par 0024, 0027).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the upper ECU of Ikariya to receive user input and explicitly control speed as taught by Tsai, thereby enabling the driver of the vehicle of Ikaria to control the speed of the vehicle fan and enabling the driver with more vehicle control.
Regarding, (Claim part B), a vibration sensor and a speed command.
Brendel teaches a fan assembly (abstract) with a controller (par 0006) for the fan motor,
(Claim part B) the control circuit board further comprises a vibration sensor (par 0019, 0044) communicating with an interface microprocessor (controller, par 0019, 0041-0042); and when in use, …the vibration sensor is configured to continuously detect the vibration data of the fan motor operating at the preset speed V (vibration sensor detects vibration at speed, par 0044-0045) and to relay the vibration data to the interface microprocessor (par 0044-0045); the interface microprocessor is configured to receive and process the vibration data and to transmit the vibration data back to the host computer (controller transfer data to a remote monitoring system, par 0023, where controls with microprocessor 86 receive feedback from the operator and sensors, par 0035), and the host computer is configured to adjust the speed command based on the vibration data (the controller may be configured to control fans to avoid resonance speeds based on vibration data, par 0042, 0044; the host computer is interpreted as the computer 86 at operator and sensor feedback, par 0035); and
The vibration sensor and the interface microprocessor are disposed out of and independent from the main control microprocessor (vibration sensor 112, 114 are located at different fans, it is reasonably to infer that a single interface controller 106 can not physically be present at the same location as multiple vibration sensors for multiple fans; furthermore each vibration sensor 112, 114 would necessarily be independent of the main control microprocessor / drive circuit for the separate fan motors so that the fan’s don’t incorrectly detect the vibrations from the other fan).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the control system of Ikariya by adding then vibration control system of Brendel, by adding a vibration sensor (112 or 114) to the fan to detect vibrations and connecting the sensor to Ikariya’s controller part which receives sensor inputs (fig 10, 205) and to add the command logic, values and other necessary configuration elements to Ikariya’s controller memory, in order to monitor vibrations of the fan and adjust speed of the fan when detecting vibrations exceeding a vibration threshold (Brendel, par 0044-0045), thereby improving vibration control, improving fan reliably and reducing noise (par 0040, 0057).
Furthermore, Ikariya recognizes that vibration is a cause of failure of its systems and indicates that the IDU processor (par 0055) saves in memory the cause of failures, including vibration (par 0208), which suggests that a vibration sensor is needed in the Ikariya system to provide the vibration data indicating failure. Therefore, there is a clear motivation from the primary reference Ikariya to include a vibration sensor in system, as well as to control vibration to reduce the likelihood of failure due to vibration.
Furthermore, it is reasonable that the combination of Ikariya in view of Tsai in view of Brendel would produce a predictable result each reference includes a remote host computer which sends control signals to an interface microprocessor, and sensors which send signals to an interface microprocessor, and the interface microprocessor sends signals which control the speed of the fan motor. In the combination each element in the combination functions in the same way in the combination that it does in the references individually, which indicates that the combination produces a predictable result.
Regarding (Claim part A), the stator assembly is disposed on a sleeve protruding from the base; Ikariya does not disclose the limitation because it does not offer details on mounting of the stator assembly.
JP-172 teaches an outer rotor inner stator motor (fig 5) where the stator assembly (28) is disposed on a sleeve (62A) protruding from the base (60). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the stator mounting of Ikariya by adding the sleeve (62A) mount to the base (60) taught by JP-172 for the predictable result of mounting the stator of an inner stator outer rotor configuration in a secure manner.
Claim 8, Ikariya in view of Tsai in view of Brendel in view of JP-172 teaches a method for controlling the fan motor of claim 1, the method comprising:
step 1) powering on the fan motor (Ikariya, connect electric power to motor via power supply path relay 922, par 0194);
step 2) sending, by a user using the host computer, the speed command to the interface microprocessor (Tsai, user setting speed at computer, par 0014, 0017);
step 3) transmitting, using the interface microprocessor (control part 202 / 402 / 702 / 802 receives the command signal and outputs to the driver, par 0086-0089), the speed command to the main control microprocessor (control part 202 outputs instruction signals to the pre-driver 203/703/803 and drive output 204/704/804, par 0094, 0096);
Ikariya is silent on adjusting, using the main control microprocessor, the inverter circuit to regulate the motor's speed at a preset speed V; receiving, using the interface microprocessor, the vibration data detected by the vibration sensor; processing, using the interface microprocessor, the vibration data; sending, using the interface microprocessor, processed vibration data to the host computer; accessing, by the user, the processed vibration data from the host computer;
Step 4) determining, according to the processed vibration data, whether to adjust the speed command; and
Step 5) repeating step 3) and step 4) if a new speed command is issued by the user, or continuously operating the fan motor at a current speed if no new speed command is received.
Nevertheless, the current combination makes obvious the limitation because it teaches controlling pump speed based upon the processed vibration data.
Brendel teaches adjusting, using the controller (par 0044), the inverter circuit (AC/DC motor control of speed, par 0036) to regulate the motor's speed at a preset speed V (adjust controller around resonances speeds, par 0045); receiving, using the interface microprocessor, the vibration data detected by the vibration sensor (vibration sensors detecting vibration over a threshold amount, par 0019, 0044); processing the vibration data (determine whether vibrations over the threshold amount, par 0019, 0044); sending … processed vibration data to the controller (controller adjusts fan speed based on vibration data, par 0019, 0044, 0048);…
Step 4) determining, according to the processed vibration data, whether to adjust the speed command (speed command to avoid vibration/resonance, par 0019, 0044. 0048); and
Step 5) repeating step 3) and step 4) if a new speed command is issued by the user (manual input of desired flow or speed, par 0043), or continuously operating the fan motor at a current speed if no new speed command is received (the fan operates when it is below the vibration threshold, par 0019, 0044, 0045, 0048).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the control system of Ikariya by adding then vibration control system of Brendel, by adding a vibration sensor (112, 114 )to the fan to detect vibrations and connecting the sensor to Ikariya’s controller part which receives sensor inputs (fig 10, 205) and to add the command logic, values and other necessary configuration elements to Ikariya’s controller memory, in order to monitor vibrations of the fan and adjust speed of the fan when detecting vibrations exceeding a vibration threshold (Brendel, par 0044-0045), thereby improving vibration control, improving fan reliably and reducing noise (par 0040, 0057).
The combination makes the limitation obvious by using the processors of Ikariya as a main control, an inverter circuit, an interface microprocessor, in order to process vibration data and make control decisions as taught by Brendel, thereby providing the vibration control of Brendel in the combined system by using the general control system hardware provided by Ikariya. It is within the general skill of a person in the art to modify the microcomputer and memory system of Ikariya by storing the vibration programs and instructions of Brendel in memory to be used by the microcomputer during operation.
It is further obvious to modify the control system’s providing access to stored data of Ikariya (read data from memory, par 0055, 0067, 0219) to allow the user to access vibration data provided in the combination by the Brendel sensor, in order to provide the user access to data for diagnosis or record keeping. There is a reasonable expectation of producing a predictable result because both the data access of Ikariya and the data of Brendel are used in the same way in the combination as they are in the references individually.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Ikariya in view of Tsai in view of Brendel in view of JP-172 in view of Porter (US 2008/0066474).
Claim 2, Ikariya in view of Tsai in view of Brendel in view of JP-172 teaches the fan motor of claim 1. Ikariya does not disclose wherein the vibration sensor is a microelectromechanical systems (MEMS) sensor.
Porter teaches a control system which detects pump vibration using a MEMs based microsystem sensor (par 0065, 0104).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to enable the generic vibration sensor of the combination by using a MEMs-based microsystem sensor for vibration as taught by Porter for the predictable result of measuring vibration at a pump body, and thereby determine whether the pump is operating in an undesired state, while a MEMS sessor requires relatively little space and electrical power (par 0065).
Claim 3, Ikariya in view of Tsai in view of Brendel in view of JP-172 in view of Porter teaches the fan motor of claim 2, wherein the MEMS sensor is a micro- electromechanical system integrating
microelectronic and micromechanical fabrication (Porter, the microelectromechanical system sensor, par 0065; the term microelectromechanical systems is known in the art as a system that combines micro-mechanical and micro-electrical components).
Claim 4, Ikariya in view of Tsai in view of Brendel in view of JP-172 in view of Porter teaches the fan motor of claim 2, wherein the interface microprocessor communicates with the MEMS sensor via … serial peripheral interface (Ikariya, SPI communication, par 0079; “SPI” is an acronym for Serial Peripheral Interface; second of two alternatives).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ikariya in view of Tsai in view of Brendel in view of JP-172 in view of Porter in view of Kirch (US 2021/0223128).
Claim 5, Ikariya in view of Tsai in view of Brendel in view of JP-172 in view of Porter teaches the fan motor of claim 4. Ikariya does not disclose wherein the interface microprocessor communicates with the host computer using a Modbus serial communication protocol.
Kirch teaches that in pumps a sensor may communicates with other electronic devices using a modbus serial bus (par 0022).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to enable the generic communication between electronic devices of Ikariya by using a ModBus serial bus taught by Kirch for the predictable result of connecting electronic devices of a control system of a pump together, and thereby provide reliable communication between the pump and computing devices (Kirch, par 0022).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ikariya in view of Tsai in view of Brendel in view of JP-172 in view of Porter in view of Kirch in view of Allen (US 2023/0390548).
Claim 6, Ikariya in view of Tsai in view of Brendel in view of JP-172 in view of Porter in view of Kirch teaches the fan motor of claim 5. Ikariya does not disclose wherein the interface microprocessor communicates with the main control microprocessor via a Universal Asynchronous Receiver- Transmitter (UART).
Allen teaches a pump controller (pr 0043) where a control processors and a supervisor processor transmit messages on an universal asynchronous receiver/transmitter (UART) channel (par 0043).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to configure the interface microprocessor to communicate with the main control microprocessor of Ikariya using a UART channel as taught by Allen in order to communicate between the control parts of the system using a dedicated transmitting and dedicated receiving line, thereby avoiding using a clock signal and thereby simplifying the components of the control system.
Claim 7, Ikariya in view of Tsai in view of Brendel in view of JP-172 in view of Porter in view of Kirch in view of Allen teaches the fan motor of claim 6, wherein the rotor assembly is an external rotor assembly (Ikariya, fig 2 depicts rotor 7 around stator 5).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ikariya in view of Tsai in view of Brendel in view of JP-172 in view of Porter.
Claim 9, Ikariya in view of Tsai in view of Brendel in view of JP-172 teaches the method of claim 8, the interface microprocessor comprising a read only memory (Ikariya, memory 134 with restrictions on input/output, par 0219; which meets the restrictions on writing indicate the memory is capable of use in a read-only state); the memory programmed with two thresholds (threshold values stored in memory, par 0101, 0105, 0116, 0158-0159)
Ikariya is silent on wherein in 4), the vibration data refers to an amplitude or a frequency of vibrations detected by the MEMS sensor; the memory programmed with two thresholds: the two thresholds, an amplitude threshold (HO) and a vibration frequency threshold (FO); if the amplitude of the vibrations exceeds the amplitude threshold HO, or if the frequency of the vibrations exceeds the vibration frequency threshold F0, the host computer sends the new speed command to the fan motor; the new speed command gradually decreases or increases the preset speed V until the vibration sensor detects that the amplitude has fallen below HO or the frequency has dropped below F0.
Porter teaches a control system which detects pump vibration using a MEMs based microsystem sensor (par 0104).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to enable the generic vibration sensor of the combination by using a MEMs-based microsystem sensor for vibration as taught by Porter for the predictable result of measuring vibration at a pump body, and thereby determine whether the pump is operating in an undesired state.
Brendel teaches a fan assembly (abstract) with a controller (par 0006) for the fan motor the two thresholds, an amplitude threshold (vibration threshold, par 0019, 0044, 0047, 0048) and a vibration frequency threshold (vibration frequency of resonance speed, par 0042); if the amplitude of the vibrations exceeds the amplitude threshold HO, or if the frequency of the vibrations exceeds the vibration frequency threshold F0, the host computer sends the new speed command to the fan motor (adjust speed to avoid vibration threshold and resonance frequency, par 0047-0049); the new speed command gradually decreases or increases the preset speed V until the vibration sensor detects that the amplitude has fallen below HO or the frequency has dropped below F0 (adjusts speed to avoid the resonance speeds and decrease vibration below the threshold, par 0018 0019, 0046-0049).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the control system of Ikariya by adding then vibration control system of Brendel, by adding a vibration sensor 112 to the fan to detect vibrations and connecting the sensor to Brendel’s controller part which receives sensor inputs (fig 10, 205) and to add the command logic, values and other necessary configuration elements to Ikariya’s controller memory, in order to monitor vibrations of the fan and adjust speed of the fan when detecting vibrations exceeding a vibration threshold (Brendel, par 0044-0045), thereby improving vibration control, improving fan reliably and reducing noise (par 0040, 0057).
Claim 10, Ikariya in view of Tsai in view of Brendel in view of JP-172 in view of Porter teaches a fan (Ikariya, fan 8, par 0049) comprising: the fan motor (claim 1); and the fan wheel of claim 1; wherein: the fan motor is configured to operate and drive the fan wheel to rotate according to the method of claim 9.
Response to Arguments
Remarks, pg 9, applicant argues that Ikariya is silent on vibration detection. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Furthermore, Ikariya does suggest a motivation to record data of vibration (Ikariya, par 0208), which provides a clear motivation of combination.
Remarks, pg 9, applicant argues that Ikariya intelligent power device 200 does not adjust a speed command based on vibration data. The rejection has been modified above and new art Tsai has been incorporated to address this new limitation.
Remarks, pg 9, applicant argues that Brendel’s vibration processing and speed controls are integrated within the same controller that regulates motor speed. Applicant does not provide any support for their allegation. Applicant’s assertion is not convincing, because as noted in the rejection above, multiple fans of Brendel share the same controller and detect vibration independently at each fan with separate sensors. Since the fans are separate from each other and the vibration sensors are independent and do not detect the vibrations of the other fans, it is not reasonable to conclude that each independent sensor is integrated into the common controller (106) as applicant has alleged, because co-locating vibration sensors on a single controller would not allow independent vibration measurements on separate fans.
Pg 9 and 10, applicant argues that Brendel para 0044-0045 indicates that vibration processing portion of controller 106 is not structurally independent from the motor speed. Applicant’s argument is not convincing. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, the pre-drive controller of Ikariya is a part of the system controlling speed.
Pg 9, applcinat argues that the vibration processing portion of controller 106 is not structurally independent from the motor speed regulation circuitry., rather they form part of a unified control. Applicant’s argument is not convincing. One cannot show nonobviousness by attaching references individually when the rejection is based on combination of references. In this case, the multiple processors for interface controller and the main control microprocessor / speed control functions; is taught by Ikariya.
Conclusion
Applicant's amendment necessitated the 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEOFFREY S LEE whose telephone number is (571)272-5354. The examiner can normally be reached Mon-Fri 0900-1800.
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/GEOFFREY S LEE/Examiner, Art Unit 3746
/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746