DETAILED ACTION
1. Claims 15-41 of U.S. Application 19/051310 filed on February 12, 2025 are presented for examination.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on February 12, 2025 and February 24, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Double Patenting
4. 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.
5. Claims 15-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 and 23-28 respectively of U.S. Patent No. 12,231,014 (‘014). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 15, claim 1 of Patent ‘014 recites a system, comprising: an axial field rotary energy device comprising: an axis of rotation; a rotor coaxial with the axis and having a shaft, rotor disks, and permanent magnets on each rotor disk (lines 1-5);
a printed circuit board (PCB) stator located axially between the rotor disks to define an air gap on each side of the PCB stator between the PCB stator and each of the rotor disks (lines 6-9);
a housing having two housing sections (line 10); and
the system further comprises: a variable frequency drive (VFD) assembly comprising: a VFD housing having (lines 15-16):
a switching device pad coupled to switching devices to facilitate heat removal from the switching devices, the switching device pad having pins to align the switching devices with the switching device pad, and spring clips to retain and apply uniform pressure to the switching devices (lines 22-27);
mounting brackets configured to adapt to axial field rotary energy devices of different sizes (lines 30-32); and
the VFD assembly further comprises: a printed circuit board assembly (PCBA) mounted to a shield plate comprising lights that visually indicate a status of the VFD (lines 28-29);
a main cover coupled to the VFD housing; and an access cover coupled to the main cover and having light pipes aligned with the lights (lines 36-41).
Regarding claim 16/15, claim 2 of Patent ‘014 recites the VFD housing comprises a metal alloy (lines 1-2).
Regarding claim 17/16/15, claim 3 of Patent ‘014 recites the housing comprises cast aluminum (lines 1-2).
Regarding claim 18/17/16/15, claim 4 of Patent ‘014 recites the VFD housing has fins that form a converging pattern on opposite edges of a same side of the housing (lines 1-3).
Regarding claim 19/18/17/16/15, claim 5 of Patent ‘014 recites wherein leading edges of the fins of the VFD housing form an elliptical pattern and have a sloped profile (lines 1-3).
Regarding claim 20/15, claim 6 of Patent ‘014 recites wherein the main cover and access cover comprise a metal alloy (lines 1-2).
Regarding claim 21/20/15, claim 7 of Patent ‘014 recites wherein the main cover and access cover comprise cast aluminum (lines 1-2).
Regarding claim 22/15, claim 8 of Patent ‘014 recites wherein the main cover and access cover comprise molded plastic with a metallic conductive coating (lines 1-3).
Regarding claim 23/22/15, claim 9 of Patent ‘014 recites wherein the VFD housing comprises a metal alloy (lines 1-2).
Regarding claim 24/23/22/15, claim 10 of Patent ‘014 recites wherein the housing comprises cast aluminum (lines 1-2).
Regarding claim 25/24/23/22/15, claim 11 of Patent ‘014 recites wherein the VFD housing has fins that form a converging pattern on opposite edges of a same side of the housing (lines 1-3).
Regarding claim 26/25/24/23/22/15, claim 12 of Patent ‘014 recites wherein leading edges of the fins of the VFD housing form an elliptical pattern and have a sloped profile (lines 1-3).
Regarding claim 27/25/24/23/22/15, claim 13 of Patent ‘014 recites wherein the axial field rotary energy device and the VFD housing achieve a degree of protection IP54 according to IEC60034-5 or higher (lines 1-3).
Regarding claim 28/15, claim 14 of Patent ‘014 recites inductor pads coupled to inductors to facilitate heat removal from the inductors (lines 1-3).
Regarding claim 29/15, claim 15 of Patent ‘014 recites a rectifier module pad coupled to a rectifier module to facilitate heat removal from the rectifier module (lines 1-3).
Regarding claim 30/15, claim 16 of Patent ‘014 recites wire loop pads with wire loops coupled to cables (lines 1-2).
Regarding claim 31/15, claim 17 of Patent ‘014 recites standoffs coupled to the VFD housing to support another PCBA comprising a rectifier module, a DC bus module and an inverter module (lines 1-4).
Regarding claim 32/31/15, claim 18 of Patent ‘014 recites the PCBA mounted to the shield plate is located adjacent to the another PCBA (lines 1-2).
Regarding claim 33/15, claim 19 of Patent ‘014 recites the PCBA mounted to the shield plate further comprises an input/output (1/O) and communication module (lines 1-3).
Regarding claim 34/15, claim 20 of Patent ‘014 recites a safety barrier that is configured to provide selective access to power and communication terminals (lines 1-3).
Regarding claim 35, claim 21 of Patent ‘014 recites a system, comprising: an axial field rotary energy device having: an axis of rotation (lines 1-3);
a rotor coaxial with the axis and having a shaft, rotor disks and permanent magnets on each rotor disk (lines 4-5);
a printed circuit board (PCB) stator located axially between the rotor disks to define an air gap on each side of the PCB stator between the PCB stator and each of the rotor disks (lines 6-9);
an enclosure having two enclosure sections (line 10);
and the system further comprises: a variable frequency drive (VFD) assembly comprising: a VFD housing having (lines 15-17):
a switching device pad coupled to switching devices to facilitate heat removal from the switching devices, the switching device pad having pins to align the switching devices with the switching device pad, and spring clips to retain and apply uniform pressure to the switching devices (lines 23-28);
mounting brackets configured to adapt to axial field rotary energy devices of different sizes (lines 33-35); and
the VFD assembly further comprises: a printed circuit board assembly (PCBA) mounted to a shield plate comprising lights that visually indicate a status of the VFD (lines 31-32).
Regarding claim 36/35, claim 23 of Patent ‘014 recites inductor pads coupled to inductors to facilitate heat removal from the inductors (lines 1-3).
Regarding claim 37/35, claim 24 of Patent ‘014 recites a rectifier module pad coupled to a rectifier module to facilitate heat removal from the rectifier module (lines 1-3).
Regarding claim 38/35, claim 25 of Patent ‘014 recites wire loop pads with wire loops coupled to secure cables (lines 1-2).
Regarding claim 39/35, claim 26 of Patent ‘014 recites standoffs coupled to the VFD housing to support a another PCBA comprising a rectifier module, a DC bus module, and an inverter module (lines 1-4).
Regarding claim 40/39/35, claim 27 Patent ‘014 recites the PCBA mounted to the shield plate comprises an input/output (I/O) and communication module (lines 1-3).
Regarding claim 41/35, claim 28 of Patent ‘014 recites a safety barrier that provides selective access to power and communication terminals (lines 1-3).
6. Claims 15-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 respectively of U.S. Patent No. 11,929,657 (‘657). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 15, claim 1 of Patent ‘657 recites a system, comprising: an axial field rotary energy device comprising: an axis of rotation; a rotor coaxial with the axis and having a shaft, rotor disks, and permanent magnets on each rotor disk (lines 1-7);
a printed circuit board (PCB) stator located axially between the rotor disks to define an air gap on each side of the PCB stator between the PCB stator and each of the rotor disks (lines 8-11);
a housing having two housing sections (line 12); and
the system further comprises: a variable frequency drive (VFD) assembly comprising: a VFD housing having (lines 19-20):
a switching device pad coupled to switching devices to facilitate heat removal from the switching devices, the switching device pad having pins to align the switching devices with the switching device pad, and spring clips to retain and apply uniform pressure to the switching devices (lines 30-35);
mounting brackets configured to adapt to axial field rotary energy devices of different sizes (lines 46-48); and
the VFD assembly further comprises: a printed circuit board assembly (PCBA) mounted to a shield plate comprising lights that visually indicate a status of the VFD (lines 41-45);
a main cover coupled to the VFD housing; and an access cover coupled to the main cover and having light pipes aligned with the lights (lines 53-59).
Regarding claim 16/15, claim 2 of Patent ‘657 recites the VFD housing comprises a metal alloy (lines 1-2).
Regarding claim 17/16/15, claim 3 of Patent ‘657 recites the housing comprises cast aluminum (lines 1-2).
Regarding claim 18/17/16/15, claim 4 of Patent ‘657 recites the VFD housing has fins that form a converging pattern on opposite edges of a same side of the housing (lines 1-3).
Regarding claim 19/18/17/16/15, claim 5 of Patent ‘657 recites wherein leading edges of the fins of the VFD housing form an elliptical pattern and have a sloped profile (lines 1-3).
Regarding claim 20/15, claim 6 of Patent ‘657 recites wherein the main cover and access cover comprise a metal alloy (lines 1-2).
Regarding claim 21/20/15, claim 7 of Patent ‘657 recites wherein the main cover and access cover comprise cast aluminum (lines 1-2).
Regarding claim 22/15, claim 8 of Patent ‘657 recites wherein the main cover and access cover comprise molded plastic with a metallic conductive coating (lines 1-3).
Regarding claim 23/22/15, claim 9 of Patent ‘657 recites wherein the VFD housing comprises a metal alloy (lines 1-2).
Regarding claim 24/23/22/15, claim 10 of Patent ‘657 recites wherein the housing comprises cast aluminum (lines 1-2).
Regarding claim 25/24/23/22/15, claim 11 of Patent ‘657 recites wherein the VFD housing has fins that form a converging pattern on opposite edges of a same side of the housing (lines 1-3).
Regarding claim 26/25/24/23/22/15, claim 12 of Patent ‘657 recites wherein leading edges of the fins of the VFD housing form an elliptical pattern and have a sloped profile (lines 1-3).
Regarding claim 27/25/24/23/22/15, claim 13 of Patent ‘657 recites wherein the axial field rotary energy device and the VFD housing achieve a degree of protection IP54 according to IEC60034-5 or higher (lines 1-3).
Regarding claim 28/15, claim 1 of Patent ‘657 recites inductor pads coupled to inductors to facilitate heat removal from the inductors (lines 21-22).
Regarding claim 29/15, claim 1 of Patent ‘657 recites a rectifier module pad coupled to a rectifier module to facilitate heat removal from the rectifier module (lines 28-29).
Regarding claim 30/15, claim 1 of Patent ‘657 recites wire loop pads with wire loops coupled to cables (line 36).
Regarding claim 31/15, claim 1 of Patent ‘657 recites standoffs coupled to the VFD housing to support another PCBA comprising a rectifier module, a DC bus module and an inverter module (lines 37-40).
Regarding claim 32/31/15, claim 1 of Patent ‘657 recites the PCBA mounted to the shield plate is located adjacent to the another PCBA (lines 41-42).
Regarding claim 33/15, claim 1 of Patent ‘657 recites the PCBA mounted to the shield plate further comprises an input/output (1/O) and communication module (lines 41-43).
Regarding claim 34/15, claim 1 of Patent ‘657 recites a safety barrier that is configured to provide selective access to power and communication terminals (lines 51-52).
Regarding claim 35, claim 14 of Patent ‘657 recites a system, comprising: an axial field rotary energy device having: an axis of rotation (lines 1-3);
a rotor coaxial with the axis and having a shaft, rotor disks and permanent magnets on each rotor disk (lines 4-7);
a printed circuit board (PCB) stator located axially between the rotor disks to define an air gap on each side of the PCB stator between the PCB stator and each of the rotor disks (lines 8-11);
an enclosure having two enclosure sections (line 12);
and the system further comprises: a variable frequency drive (VFD) assembly comprising: a VFD housing having (lines 23-26):
a switching device pad coupled to switching devices to facilitate heat removal from the switching devices, the switching device pad having pins to align the switching devices with the switching device pad, and spring clips to retain and apply uniform pressure to the switching devices (lines 36-40);
mounting brackets configured to adapt to axial field rotary energy devices of different sizes (lines 52-54); and
the VFD assembly further comprises: a printed circuit board assembly (PCBA) mounted to a shield plate comprising lights that visually indicate a status of the VFD (lines 47-51).
Regarding claim 36/35, claim 14 of Patent ‘657 recites inductor pads coupled to inductors to facilitate heat removal from the inductors (lines 27-28).
Regarding claim 37/35, claim 14 of Patent ‘657 recites a rectifier module pad coupled to a rectifier module to facilitate heat removal from the rectifier module (lines 34-35).
Regarding claim 38/35, claim 14 of Patent ‘657 recites wire loop pads with wire loops coupled to secure cables (line 42).
Regarding claim 39/35, claim 14 of Patent ‘657 recites standoffs coupled to the VFD housing to support a another PCBA comprising a rectifier module, a DC bus module, and an inverter module (lines 43-46).
Regarding claim 40/39/35, claim 14 Patent ‘657 recites the PCBA mounted to the shield plate comprises an input/output (I/O) and communication module (lines 47-49).
Regarding claim 41/35, claim 14 of Patent ‘657 recites a safety barrier that provides selective access to power and communication terminals (lines 59-61).
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER A SINGH whose telephone number is (571)270-0243. The examiner can normally be reached M-F 9am to 5pm.
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/ALEXANDER A SINGH/Primary Examiner, Art Unit 2834
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