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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
“the eddy current damper comprises a ring magnet connected to the rotated bearing element and separated from the ring magnets of the rotated bearing element by a non-magnetic material” of claim 7
Figure 1 is the only figure that shows the eddy current damper (100) located at the axial end of the rotor shaft (12) connected to the static bearing element (26) via the interior wall (36), cap element (101), and trunnion (20). The embodiment described in claim 7 is not shown in the figures.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 25, 108, 122. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, “at least on permanent magnet bearing” should be changed to “at least one permanent magnet bearing”
Appropriate correction is required.
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.
Claims 1-10 are 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “a vacuum pump” in line 1, and the claim also recites “in particular a turbomolecular vacuum pump” in line 1 which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Dependent claims 2-10 are rejected, as they inherit the deficiency of the independent claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 8-10 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Beyer (US 2003/0155830).
Regarding claim 1, Beyer discloses a vacuum pump, in particular a turbomolecular vacuum pump (Para. 0009), comprising
a housing (35 of Figure 3);
a rotor shaft (2 of Figure 1-3; Para. 0012, 0014) disposed in the housing and rotatably supported by at least one permanent magnet bearing (4 of Figure 1-3);
wherein the magnet bearing is arranged at one end (20 of Figure 1-7) of the rotor shaft and wherein the magnet bearing comprises a static bearing element (7 of Figure 1-7; Para. 0012) and a rotated bearing element (8 of Figure 1-7; Para. 0012) radially arranged next to each other and an eddy current damper having a conductive disk (31 of Figure 1-10; Para. 0032, 0034) connected to the static bearing element.
Regarding claim 2, Beyer discloses wherein the static bearing element (7 of Figure 1-7) and the rotated bearing element (8 of Figure 1-7) each comprises a plurality of ring magnets in mutual repulsion to each other (see Figure 5).
Regarding claim 3, Beyer discloses wherein the magnetic bearing (4 of Figure 1-3) comprises an adjustment element (17, 52 of Figure 3; Para. 0029) connected to the static bearing element (7 of Figure 1-7) to adjust the axial position of the static bearing element relative to the rotated bearing element (8 of Figure 1-7), wherein the conductive disk (31 of Figure 1-10; Para. 0032, 0034) is attached to the adjustment element.
Regarding claim 8, Beyer discloses wherein the eddy current damper is arranged at the axial end of the rotor shaft (see Figure 3).
Regarding claim 9, Beyer discloses wherein the eddy current damper is arranged at the exhaust side of the rotor shaft (see Figure 3).
Regarding claim 10, Beyer discloses wherein at both ends of the rotor shaft each an eddy current damper is arranged (see Figure 3).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Beyer (US 2003/0155830), in view of Thiemann (US 2009/0035092).
Regarding claim 4, Beyer discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein the adjustment element (17, 52 of Figure 3; Para. 0029, adjustment screw) is made from a ferritic material.
Thiemann discloses wherein the adjustment element (6 of Figure 1-5, screw) is made from a ferritic material (Para. 0006).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the adjustment elements of Beyer made from ferritic material, as taught by Thiemann, to be exposed to high thermal loads since the material properties, such as the strength of ferritic materials, change as temperature increases, therefore these materials can be used up to an upper limiting temperature [Thiemann: Para. 0006]..
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Beyer (US 2003/0155830), in view of Johnson (US 6,412,173).
Regarding claim 5, Beyer discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein the static bearing element (7 of Figure 1-7) comprises a radial protrusion, wherein the conductive disk (31 of Figure 1-10; Para. 0032, 0034) is connected to the radial protrusion (claim 5);
wherein the conductive disk (31 of Figure 1-10; Para. 0032, 0034) is arranged axially next to the rotated bearing element (8 of Figure 1-7) such that by the magnetic field of the rotated bearing element eddy currents can be induced into the conductive disk (claim 6).
Johnson discloses wherein the static bearing element (36 of Figure 4) comprises a radial protrusion (76, 78 of Figure 4), wherein the conductive disk (74 of Figure 4) is connected to the radial protrusion (claim 5);
wherein the conductive disk (74 of Figure 4) is arranged axially next to the rotated bearing element (38 of Figure 4) such that by the magnetic field of the rotated bearing element eddy currents can be induced into the conductive disk (claim 6).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the static bearing element of Beyer comprise a radial protrusion wherein the conductive disk is connected to the radial protrusion and arranged axially next to the rotated bearing, as taught by Johnson, to maintain the stability of the main magnetic bearing [Johnson: Col. 5:61-Col. 6:4].
Regarding claim 7, Beyer discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein the eddy current damper comprises a ring magnet connected to the rotated bearing element (8 of Figure 1-7) and separated from the ring magnets of the rotated bearing element by a non-magnetic material.
Johnson discloses wherein the eddy current damper comprises a ring magnet (70, 72 of Figure 4) connected to the rotated bearing element (38 of Figure 4) and separated from the ring magnets of the rotated bearing element by a non-magnetic material (68 of Figure 4; made of copper which is known to be non-magnetic).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the rotated bearing element of Beyer separated from the ring magnets of the rotated bearing element by a non-magnetic material, as taught by Johnson, to maintain the stability of the main magnetic bearing and to always center the rotor [Johnson: Col. 5:61-Col. 6:4].
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Beyer (US 2004/0135449) disclose a turbomolecular vacuum pump.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES H REID whose telephone number is (571)272-9248. The examiner can normally be reached M-F 9:30-4:45 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tulsidas Patel can be reached at 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Charles Reid Jr./ Primary Examiner, Art Unit 2834
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