DETAILED ACTION
This Office Action is in response to the application filed on 01/18/2025. Claims 2-20 are presented for examination consideration.
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 .
Nonstatutory 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-20 are rejected on the grounds of nonstatutory double patenting as being unpatentable over claims 1-19 of Patent US 12,451,295 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because as shown below:
Claim 2 of Application 19/031,339
Claim 1 of US 12,451,295 B2
An apparatus comprising: a container capable of receiving a plurality of capacitive devices, each of the plurality of capacitive devices having a first capacitor terminal and a second capacitor terminal; a cover configured to be mounted to the container, wherein the cover comprises: a common cover terminal having at least one contact extending from the cover; a plurality of capacitor cover terminals, each of the plurality of capacitor cover terminals having at least one contact extending from the cover; a plurality of first conductors, wherein each of the plurality of first conductors is configured to electrically connect to one of the first capacitor terminals of the plurality of capacitive devices and one of the plurality of capacitor cover terminals; a second conductor configured to electrically connect to each of the second capacitor terminals of the plurality of capacitive devices and the common cover terminal; and a plurality of insulation structures, wherein each insulation structure is associated with one of the plurality of capacitor cover terminals;
An apparatus comprising: a container capable of receiving a plurality of capacitive devices, each of the plurality of capacitive devices having a first capacitor terminal and a second capacitor terminal; a cover configured to be mounted to the container, wherein the cover comprises: a common cover terminal having at least one contact extending from the cover; a plurality of capacitor cover terminals, each of the plurality of capacitor cover terminals having at least one contact extending from the cover; a plurality of first conductors, wherein each of the plurality of first conductors is configured to electrically connect to one of the first capacitor terminals of the plurality of capacitive devices and one of the plurality of capacitor cover terminals; a second conductor configured to electrically connect to each of the second capacitor terminals of the plurality of capacitive devices and the common cover terminal; and a plurality of insulation structures, wherein each insulation structure is associated with one of the plurality of capacitor cover terminals;
Claim 2 of Application 19/031,339
Claim 1 of US 12,451,295 B2
a magnet positioned external to the container, the magnet including an inner surface and an outside surface opposite the inner surface, wherein the outside surface includes a recess,
a magnet positioned external to the container, the magnet including an inner surface and an outside surface opposite the inner surface, wherein the outside surface includes a recess…
Claim 2 of Application 19/031,339
Claim 1 of US 12,451,295 B2
wherein the magnet comprises a projection configured to assist in positioning the magnet at an intended position relative to the container;
wherein the magnet comprises a projection to position the magnet relative to the container;
Claim 2 of Application 19/031,339
Claim 1 of US 12,451,295 B2
and a relay positioned external to the container and configured to control opening and closing of contacts.
…and a relay positioned external to the container and configured to control opening and closing of contacts…
Claim 3 of Application 19/031,339
Claim 2 of US 12,451,295 B2
The apparatus of claim 2, wherein each of the plurality of capacitive devices is a metalized film capacitor.
The apparatus of claim 1, wherein each of the plurality of capacitive devices is a metalized film capacitor.
Claim 4 of Application 19/031,339
Claim 3 of US 12,451,295 B2
The apparatus of claim 2, wherein the plurality of capacitive devices comprises four capacitive devices.
The apparatus of claim 1, wherein the plurality of capacitive devices comprises four capacitive devices.
Claim 5 of Application 19/031,339
Claim 4 of US 12,451,295 B2
The apparatus of claim 4, wherein the four capacitive devices provide capacitance values of about 48 microfarads, about 48 microfarads, about 88 microfarads, and about 112 microfarads, respectively.
The apparatus of claim 3, wherein the four capacitive devices provide capacitance values of about 48 microfarads, about 48 microfarads, about 88 microfarads, and about 112 microfarads, respectively.
Claim 6 of Application 19/031,339
Claim 5 of US 12,451,295 B2
The apparatus of claim 2, wherein the common cover terminal is approximately centered on the cover.
The apparatus of claim 1, wherein the common cover terminal is approximately centered on the cover.
Claim 7 of Application 19/031,339
Claim 6 of US 12,451,295 B2
The apparatus of claim 2, further comprising an insulation barrier separating the plurality of capacitor cover terminals and the common cover terminal.
The apparatus of claim 1, further comprising an insulation barrier separating the plurality of capacitor cover terminals and the common cover terminal.
Claim 8 of Application 19/031,339
Claim 7 of US 12,451,295 B2
The apparatus of claim 2, wherein the relay is an electronic relay.
The apparatus of claim 1, wherein the relay is an electronic relay.
Claim 9 of Application 19/031,339
Claim 8 of US 12,451,295 B2
The apparatus of claim 2, wherein the relay is a control relay or a potential relay.
The apparatus of claim 1, wherein the relay is a control relay or a potential relay.
Claim 10 of Application 19/031,339
Claim 9 of US 12,451,295 B2
The apparatus of claim 2, wherein the apparatus is a hard start capacitor adaptable to a plurality of motors, wherein the hard start capacitor provides a different capacitance value to each motor of the plurality of motors.
The apparatus of claim 1, wherein the apparatus is a hard start capacitor adaptable to a plurality of motors, wherein the hard start capacitor provides a different capacitance values to each motor of the plurality of motors.
Claim 11 of Application 19/031,339
Claim 10 of US 12,451,295 B2
The apparatus of claim 2, wherein the apparatus is suitable for use in applications requiring capacitance values ranging from 240 microfarads to 324 microfarads.
The apparatus of claim 1, wherein the apparatus is suitable for use in applications requiring capacitance values ranging from 240 microfarads to 324 microfarads.
Claim 12 of Application 19/031,339
Claim 11 of US 12,451,295 B2
The apparatus of claim 2, wherein the magnet has a strength of approximately 30-150 milliTeslas.
The apparatus of claim 1, wherein the magnet has a strength of approximately 30-150 milliTeslas.
Claim 13 of Application 19/031,339
Claim 12 of US 12,451,295 B2
The apparatus of claim 2, wherein the magnet is a ferrite ceramic magnet.
The apparatus of claim 1, wherein the magnet is a ferrite ceramic magnet.
Claim 14 of Application 19/031,339
Claim 13 of US 12,451,295 B2
The apparatus of claim 2, wherein the magnet is a permanent magnet.
The apparatus of claim 1, wherein the magnet is a permanent magnet.
Claim 15 of Application 19/031,339
Claim 14 of US 12,451,295 B2
The apparatus of claim 2, wherein the magnet includes one or more of ferric oxide, iron oxide, barium, barium carbonate, strontium, or strontium carbonate.
The apparatus of claim 1, wherein the magnet includes one or more of ferric oxide, iron oxide, barium, barium carbonate, strontium, or strontium carbonate.
Claim 16 of Application 19/031,339
Claim 15 of US 12,451,295 B2
The apparatus of claim 2, wherein the magnet includes one or more magnetically soft materials.
The apparatus of claim 1, wherein the magnet includes one or more magnetically soft materials.
Claim 17 of Application 19/031,339
Claim 16 of US 12,451,295 B2
The apparatus of claim 2, wherein the magnet includes one or more magnetically hard materials.
The apparatus of claim 1, wherein the magnet includes one or more magnetically hard materials.
Claim 18 of Application 19/031,339
Claim 17 of US 12,451,295 B2
The apparatus of claim 2, wherein the magnet is a rare-earth magnet.
The apparatus of claim 1, wherein the magnet is a rare-earth magnet.
Claim 19 of Application 19/031,339
Claim 18 of US 12,451,295 B2
The apparatus of claim 2, wherein the recess is generally rectangular.
The apparatus of claim 1, wherein the recess is generally rectangular.
Claim 20 of Application 19/031,339
Claim 19 of US 12,451,295 B2
The apparatus of claim 2, wherein the outside surface is a flat surface.
The apparatus of claim 1, wherein the outside surface is a flat surface.
Examiner’s Notes
It is clear that all the elements of application claims 2-20 are to be found in claims 1-19 of US 12,451,295 B2 (as the cited application patent claims fully encompasses claims 1-19 of US 12,451,295 B2). The difference between the application claims 2-19 with claims 1-20 of US 12,451,295 B2 lies in the following fact: independent claim 1 of US 12,451,295 B2 includes narrower limitations (“and wherein the inner surface is curved and configured to interface with an outer surface of the container…wherein selected ones of the plurality of capacitive devices are electrically connected to equipment external to the container when the contacts are closed”). Thus, the invention of claims 1-20 of US 12,451,295 B2 is in effect a “sub-species” of the “generic species” invention of application claims 2-20. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claims 2-20 are anticipated by claims 1-19 of US 12,451,295 B2, it is not patentably distinct from claims 1-20 of US 12,451,295 B2.
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 of this title, 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 2, 3, 4, 6, 7, 8, 9, 10, 11, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Stockman (US20110134584A1 and Stockman hereinafter), in view of Zhou (CN108634746A and Zhou hereinafter).
Regarding claim 2, Stockman discloses an apparatus (item 10 of Figs. 1_4 and ¶[0030_0036 & 0039] shows and indicates apparatus 10 {hard start capacitor replacement unit}) comprising: a container capable of receiving a plurality of capacitive devices (items 12, 22, 24, 26, 28 of Fig. 3 & 22, 24, 26, 28 of Fig. 4 and ¶[0031] shows and indicates container 12 capable of receiving a plurality of capacitive devices 22 & 24 & 26 & 28 {capacitors 22, 24, 26 and 28}), each of the plurality of capacitive devices having a first capacitor terminal and a second capacitor terminal (items 23, 25, 27, 29, 32 of Figs. 3-4 and ¶[0031] shows and indicates where capacitive device 22 has first capacitor terminal 23 {top capacitor terminal 23} and second capacitor terminal 32_22 {bottom common element terminal 32 of capacitor 22}; and where capacitive device 24 has first capacitor terminal 25 {top capacitor terminal 25} and second capacitor terminal 32_24 {bottom common element terminal 32 of capacitor 24}; and where capacitive device 26 has first capacitor terminal 27 {top capacitor terminal 27} and second capacitor terminal 32_26 {bottom common element terminal 32 of capacitor 26}; and where capacitive device 28 has first capacitor terminal 29 {top capacitor terminal 29} and second capacitor terminal 32_28 {bottom common element terminal 32 of capacitor 28}); a cover configured to be mounted to the container (item 16 of Figs. 2-3_5-6 and ¶[0030 & 0037] shows and indicates cover 16 that is configured to be mounted to container 12),wherein the cover comprises: a common cover terminal having at least one contact extending from the cover (item 40 of Figs. 3-8 and ¶[0037] shows and indicates common cover terminal 40 having four contacts extending from cover 16); a plurality of capacitor cover terminals, each of the plurality of capacitor cover terminals having at least one contact extending from the cover (items 42, 44, 46, 48 of Figs. 4-8 and ¶[0037] shows and indicates the plurality of capacitor cover terminals 42 & 44 & 46 & 48 {capacitance value cover terminals 42, 44, 46, 48}; where each of the plurality of capacitor cover terminals 42 & 44 & 46 & 48 has three contacts extending from cover 16); a plurality of first conductors, wherein each of the plurality of first conductors is configured to electrically connect to one of the first capacitor terminals of the plurality of capacitive devices and one of the plurality of capacitor cover terminals (Fig. 4 and ¶[0037] shows and indicates the plurality of first conductors 23_42 & 25_44 & 27_46 & 29_48; where first conductor 23_42 is configured to electrically connect to first capacitor terminal 23 and capacitor cover terminal 42; and where first conductor 25_44 is configured to electrically connect to first capacitor terminal 25 and capacitor cover terminal 44; and where first conductor 27_46 is configured to electrically connect to first capacitor terminal 27 and capacitor cover terminal 46; and where first conductor 29_48 is configured to electrically connect to first capacitor terminal 29 and capacitor cover terminal 48); a second conductor configured to electrically connect to each of the second capacitor terminals of the plurality of capacitive devices and the common cover terminal (Fig. 4 and ¶[0037] shows and indicates second conductors 32_22_40 & 32_24_40 & 32_26_40 & 32_28_40; where second conductor 32_22_40 is configured to electrically connect to second capacitor terminal 32_22 of capacitive device 22 and common cover terminal 40; and where second conductor 32_24_40 is configured to electrically connect to second capacitor terminal 32_24 of capacitive device 24 and common cover terminal 40; and where second conductor 32_26_40 is configured to electrically connect to second capacitor terminal 32_26 of capacitive device 26 and common cover terminal 40; and where second conductor 32_28_40 is configured to electrically connect to second capacitor terminal 32_28 of capacitive device 28 and common cover terminal 40); and a plurality of insulation structures, wherein each insulation structure is associated with one of the plurality of capacitor cover terminals (items 50, 54, 55, 56, 57, 58 of Fig. 5 and ¶[0038] shows and indicates a plurality of insulations structures 54-58 {cover insulation barrier 50 has radial extending fins 54-58}; where insulation structures 54 & 55 is associated with capacitor cover terminal 42; and where insulation structures 55 & 56 is associated with capacitor cover terminal 44; and where insulation structures 56 & 57 is associated with capacitor cover terminal 46; and where insulation structures 57 & 58 is associated with capacitor cover terminal 48); and a relay positioned external to the container and configured to control opening and closing of contacts (items 18, 60 of Fig. 2 & items 60, 70, 72 of Fig. 4 and ¶[0030_0039 & 0042] shows and indicates relay 18 positioned external to container 12; where relay 18 is configured to control opening and closing of contacts 70 & 72).
Stockman discloses the claimed invention except a magnet positioned external to the container, the magnet including an inner surface and an outside surface opposite the inner surface, wherein the outside surface includes a recess, wherein the magnet comprises a projection configured to assist in positioning the magnet at an intended position relative to the container.
Zhou discloses a magnet positioned external to the container, the magnet including an inner surface and an outside surface opposite the inner surface, wherein the outside surface includes a recess, wherein the magnet comprises a projection configured to assist in positioning the magnet at an intended position relative to the container (items 121, 221, 131, 231, 22 of Fig. 3 & items 121, 131 of Fig. 4 & items 121, 131 of Fig. 5 & items 221, 231 of Fig. 6 & item 22 of Figs. 3_6 & items 1, 2 of Figs. 1-2 and ¶[0033] from Espacenet Translation shows and indicates magnet 121_221_131_231 {magnet formed by the following structures: first side plate magnet 121; second side plate magnet 221; first bottom plate magnet 131; and a second bottom plate magnet 231} positioned external to container 2-cup {cup inside the cup holder 2 placed on the retaining frame 1 and detachably connected to the retaining frame 1}; where magnet 121_221_131_231 including inner surface 121-inner-221 {inner surface of first side plate magnet 121 facing the inner surface of second side plate magnet 221} and outside surface 221-outer {outer surface of second side plate magnet 221} opposite inner surface 121-inner-221; and where outside surface 221-outer includes recess 221-overlap-121 {recess formed by second side plate magnet 221 overlapping the first side plate magnet 121}; and where magnet 121_221_131_231 is comprised projection 22 {projection that is interpreted to be the cup holder side plate 22 of retaining frame 1, as shown in Fig. 2 to be the projection between retaining frame 1 and cup holder 2, and as shown in Fig. 4 to be the projection between first side plate magnet 121 and retaining frame bottom plates 13} configured to assist in positioning magnet 121_221_131_231 at an intended position relative to container 2-cup).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a magnet positioned external to the container, the magnet including an inner surface and an outside surface opposite the inner surface, wherein the outside surface includes a recess, wherein the magnet comprises a projection configured to assist in positioning the magnet at an intended position relative to the container into the structure of Stockman. One would have been motivated in the assembly of Stockman and have the magnet be positioned external to the container, the magnet that includes an inner surface and an outside surface opposite the inner surface, where the outside surface includes a recess, and where the magnet is comprised of a projection configured to assist in positioning the magnet at the intended position relative to the container, in order for the magnetic holder of the retaining frame (strap) to hold the magnet and be detachably connected with the cup (container/case) inside the cup holder, as inference by Zhou in the abstract, in the apparatus of Stockman.
In additional, Zhou may not be in the same field of endeavor but the reference is reasonably pertinent to the problem (magnetic holder of the retaining frame [strap] to hold the magnet and be detachably connected with the container/case [cup]) faced by the inventor in filed disclosure, even if it is not in the same field of endeavor as the claimed invention. See Bigio, 381 F.3d at 1325, 72 USPQ2d at 1212. See MPEP § 2141.01(a)I.
Additionally, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the magnet that includes an inner surface and an outside surface opposite the inner surface, where the outside surface includes a recess, and where the magnet is comprised of a projection configured to assist in positioning the magnet at the intended position relative to the container, as shown by Zhouy. Therefore, it has been held to be within the general skill of a worker in the art to be aware that known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art. KSR International Co. v Teleflex Inc., 550 U.S.__, __, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 3, modified Stockman discloses an apparatus, wherein each of the plurality of capacitive devices is a metalized film capacitor (Stockman: Figs. 3-4 and claim 3 indicates where the plurality capacitive devices 22 & 24 & 26 & 28 are metallized film capacitors).
Regarding claim 4, modified Stockman discloses an apparatus, wherein four capacitive devices are provided in the apparatus (Stockman: Figs. 3-4 and ¶[0030-0031] shows and indicates where four capacitive devices 22 & 24 & 26 & 28 are provided in apparatus 10).
Regarding claim 5, modified Stockman discloses an apparatus, wherein the four capacitive devices have values of about 48 microfarads, about 48 microfarads, about 88 microfarads, and about 112 microfarads, respectively (Stockman: Figs. 3-4 and ¶[0036] shows and indicates where four capacitive devices 22 & 24 & 26 & 28 have values of about 48 microfarads, about 48 microfarads, about 88 microfarads, and about 112 microfarads, respectively).
Regarding claim 6, modified Stockman discloses an apparatus, wherein the common cover terminal is approximately centered on the cover (Stockman: Figs. 5-8 and ¶[0071] shows and indicates where common cover terminal 40 is centered on cover 16).
Regarding claim 7, modified Stockman discloses an apparatus, further comprising an insulation barrier separating the capacitor cover terminals and the common cover terminal (Stockman: item 52 of Fig. 5 and ¶[0038] shows and indicates that cover 16 further comprising an insulation barrier 52 {cover insulation barrier 50 has a cylindrical portion 52} separating the capacitor cover terminals 42 & 44 & 46 & 48 and common cover terminal 40).
Regarding claim 8, modified Stockman discloses an apparatus, wherein the relay is an electronic relay (Stockman: Figs. 2_4 and ¶[0030_0039 & 0042] indicates where relay 18 is an electronic relay).
Regarding claim 9, modified Stockman discloses an apparatus, wherein the relay is a control relay or a potential relay (Stockman: item 90 of Fig. 9 and ¶[0040] indicates where relay 90 is a control relay or a potential relay).
Regarding claim 10, modified Stockman discloses an apparatus, wherein the apparatus is a hard start capacitor adaptable to a plurality of motors, wherein the hard start capacitor provides a different capacitance values to each motor of the plurality of motors (Stockman: Figs. 1-9 and claim 1 shows and indicates where apparatus 10 is a hard start capacitor adaptable to a plurality of motors, wherein the hard start capacitor provides a different capacitance values to each motor of the plurality of motors).
Regarding claim 11, modified Stockman discloses an apparatus, wherein the apparatus is suitable for use in applications requiring capacitance values ranging from 240 microfarads to 324 microfarads (Stockman: Figs. 5-8 and ¶[0043-0044] indicates where apparatus 10 is suitable for use in applications requiring capacitance values ranging from 240 microfarads to 324 microfarads).
Regarding claim 19, modified Stockman discloses an apparatus, wherein the recess is generally rectangular (Zhou: Figs. 3-6 and ¶[0033] from Espacenet Translation is interpreted to show where includes recess 221-overlap-121 is generally rectangular).
Regarding claim 20, modified Stockman discloses an apparatus, wherein the outside surface is a flat surface (Zhou: Fig. 6 and ¶[0033] from Espacenet Translation is interpreted to show where outside surface 221-outer is generally a flat surface).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Stockman in view of Zhou, as detailed in the rejection of claim 2, and in further view of Riggs et al. (US 7,337,945 B1 and Riggs hereinafter).
Regarding claim 12, modified Stockman discloses the claimed invention except wherein the magnet has a strength of approximately 30-150 milliTeslas.
Riggs discloses wherein the magnet has a strength of approximately 30-150 milliTeslas (item 16 of Fig. 1 and 3:1-18 shows and indicates where magnet 16 has a strength of approximately 30-150 milliTeslas {50 to 100 milliteslas}).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the magnet has a strength of approximately 30-150 milliTeslas into the structure of modified Stockman. One would have been motivated in the assembly of modified Stockman and have the magnet have a strength of approximately 30-150 milliTeslas, in order to have a choice magnetic material with the appropriate magnetic field strength, as indicated by Riggs in 3:1-18, in the apparatus of modified Stockman.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Stockman in view of Zhou, as detailed in the rejection of claim 2, and in further view of Avera (US20080025549A1 and Avera hereinafter).
Regarding claim 13, modified Stockman discloses the claimed invention except wherein the magnet is a ferrite ceramic magnet.
Avera discloses wherein the magnet is a ferrite ceramic magnet (¶[0008] indicates where the magnet is a ferrite ceramic magnet).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the magnet is a ferrite ceramic magnet into the structure of modified Stockman. One would have been motivated in the assembly of modified Stockman and have the magnet be a ferrite ceramic magnet, in order to have a choice magnetic material for a permanent magnet, as indicated by Avera in ¶[0008], in the apparatus of modified Stockman.
In addition, the applicant has not disclosed that having a magnet be a ferrite ceramic magnet solves any stated problems or provides any unexpected results. As such, the Examiner considers this limitation to be a design choice. Therefore, it would have been obvious as matter of obvious design choice to one having ordinary skill in the art at the time of the invention to have a ferrite ceramic magnet, as indicated by Avera, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claim 14, modified Stockman discloses the claimed invention except a permanent magnet.
Avera discloses wherein the magnet is a ferrite ceramic magnet (¶[0008] indicates where the magnet is a permanent ferrite ceramic magnet).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a permanent magnet into the structure of modified Stockman. One would have been motivated in the assembly of modified Stockman and have a permanent magnet, in order to provide a permanent magnet that is comprised of ferrite ceramic material, as indicated by Avera in ¶[0008], in the apparatus of modified Stockman.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Stockman in view of Zhou, as detailed in the rejection of claim 2, and in further view of Anderson (US 5,196,818 and Anderson hereinafter).
Regarding claim 15, modified Stockman discloses the claimed invention except wherein the magnet includes one or more of ferric oxide, iron oxide, barium, barium carbonate, strontium, or strontium carbonate.
Anderson discloses a magnet includes one or more of barium or strontium (claims 2-4 indicates a ceramic magnet includes one or more of barium or strontium).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a magnet includes one or more of barium or strontium into the structure of modified Stockman. One would have been motivated in the assembly of modified Stockman and have the magnet include one or more of barium or strontium, in order to have a choice ceramic magnet, as indicated by Anderson in claims 2-4, in the apparatus of modified Stockman.
In addition, the applicant has not disclosed that having a magnet be a ferrite ceramic magnet solves any stated problems or provides any unexpected results. As such, the Examiner considers this limitation to be a design choice. Therefore, it would have been obvious as matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have a ferrite ceramic magnet, as indicated by Anderson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Stockman in view of Zhou, as detailed in the rejection of claim 2, and in further view of Iwatsuka et al. (US 5,691,845 and Iwatsuka hereinafter).
Regarding claim 16, modified Stockman discloses the claimed invention except a magnet includes one or more magnetically soft materials.
Iwatsuka discloses a magnet includes one or more magnetically soft materials (19:50-51 indicates a magnet includes magnetically soft magnetic material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a magnet includes one or more magnetically soft materials into the structure of modified Stockman. One would have been motivated in the assembly of modified Stockman and have the magnet include one or more magnetically soft materials, in order to have a holder that is comprised of a magnetically soft magnetic material, as indicated by Iwatsuka in 19:50-51, in the apparatus of modified Stockman.
In addition, the applicant has not disclosed that having a magnet includes one or more magnetically soft materials solves any stated problems or provides any unexpected results. As such, the Examiner considers this limitation to be a design choice. Therefore, it would have been obvious as matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have a magnet include one or more magnetically soft materials, as indicated by Iwatsuka, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Stockman in view of Zhou, as detailed in the rejection of claim 2, and in further view of Yamaguchi et al. (US 6,160,465 and Yamaguchi hereinafter).
Regarding claim 17, modified Stockman discloses the claimed invention except a magnet includes one or more magnetically hard materials.
Yamaguchi discloses a magnet includes one or more magnetically hard materials (claim 17 indicates a magnet includes magnetically hard magnetic material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a magnet includes one or more magnetically hard materials into the structure of modified Stockman. One would have been motivated in the assembly of modified Stockman and have the magnet include one or more magnetically hard materials, in order to have a choice magnet that comprises a core holder, as indicated by Yamaguchi in claim 17, in the apparatus of modified Stockman.
In addition, the applicant has not disclosed that having a magnet includes one or more magnetically hard materials solves any stated problems or provides any unexpected results. As such, the Examiner considers this limitation to be a design choice. Therefore, it would have been obvious as matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have a magnet include one or more magnetically hard materials, as indicated by Yamaguchi, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Stockman in view of Zhou, as detailed in the rejection of claim 2, and in further view of Hardy (US 6,538,544 B1 and Hardy hereinafter).
Regarding claim 18, modified Stockman discloses the claimed invention except a rare-earth magnet.
Hardy discloses a rare-earth magnet (claims 7-9 indicates magnetic holder is constituted by a rare-earth magnet).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a rare-earth magnet into the structure of modified Stockman. One would have been motivated in the assembly of modified Stockman and have a rare-earth magnet, in order to have rare-earth magnetic holder be comprised of different rare-earth materials, as indicated by Hardy in claims 7-9, in the apparatus of modified Stockman.
In addition, the applicant has not disclosed that having a rare-earth magnet solves any stated problems or provides any unexpected results. As such, the Examiner considers this limitation to be a design choice. Therefore, it would have been obvious as matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have a rare-earth magnet, as indicated by Hardy, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Conclusion
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/GUILLERMO J EGOAVIL/Examiner, Art Unit 2847
/TIMOTHY J THOMPSON/Supervisory Patent Examiner, Art Unit 2847
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