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 .
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
A comma should be added after “channel” in line 12 of claim 1.
“wherein at least one orifice” in claim 8 should read --wherein the at least one orifice--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “internal structure” in claim 1. “structure” is a generic placeholder that is coupled with functional language “is configured for fastening of the motor” without reciting sufficient structure to perform the recited function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
According to paragraph 0064 and 0068 of the specification, “internal structure” has an annular form.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-5 and 7-9 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.
Claim 1 recites “intended to circulate” in line 6, “intended to be fastened” in line 7, and “which is intended to come from the air inlet and circulate in the cooling channel” in line 11. It is unclear if the limitation following the “intended to” is required.
For examination purposes, “intended to circulate”, “intended to be fastened” and “which is intended to come from the air inlet and circulate in the cooling channel” are respectively construed as –to circulate--; --fastened—and –which comes from the air inlet and circulates in the cooling channel--.
Claims 2-5 and 7-9 are also rejected due to their dependency of claim 1.
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(s) 1-5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Le (Us PGPub No. 2015/0004018) in view of Bamberger (US Patent No. 7,101,157).
Regarding claim 1, Le discloses a motor support (module housing 155, a housing cover 160 and base plate 165, Fig. 1) for a motor (110) for driving a fan impeller (105) of a motorized fan unit (fan module 100) for a heating, ventilation and/or air-conditioning system of a motor vehicle (the fan module 100 is fastened to a ventilation system, paragraph 0029, and the fan module 100 is capable to a ventilation system of a motor vehicle), the motor support comprising a base (module housing 155 and housing cover 160) comprising:
an internal structure which is configured for fastening of the motor (an annular structure receiving or fastening a bottom of the motor 110, see annotated figures 2a and 4 below),
wherein the base defines a cooling channel (cooling air ducting 180) around the internal structure (the cooling air ducting 180 is partially around the internal structure, see Figs. 3 and 4), in which channel an air flow to circulate for cooling the motor and/or a control module of the motor fastened to the motor support (the ducting 180 channels the air to cool the motor), the cooling channel having at least one air inlet (at diverting element 175 where cooling air enters, Fig. 3) and at least one air outlet (air outlet immediately before axial diverting elements 405 to direct air to above brushes 150, paragraph 0037),
wherein the internal structure has a protrusion (diverting element 410, Fig. 4) which is arranged facing the air inlet (an end of the diverting element 410 faces the diverting element 175),
wherein the protrusion extends from the internal structure towards the air inlet so as to divide the air flow which comes from the air inlet and circulates in the cooling channel (the diverting element 410 extends from Y shaped end towards the diverting element 175 to divert air flow in the ducting 180 coming from the diverting element 175).
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Le fails to explicitly disclose wherein the base defines a cooling channel around the internal structure; and
Le fails to disclose wherein the base comprises at least one rib extending from a side of the base opposite the cooling channel and arranged at least partly facing the air outlet.
Bamberger discloses wherein the base defines a cooling channel around the internal structure (cool air stream 10 flowing in a cooling channel around a center of the cooling attachment 16, Fig. 7); and
the base (cooling attachment 16) comprises at least one rib (guide ribs 42) extending from a side of the base opposite the cooling channel (from ends or sides closest to the center to the cooling attachment 16 and opposite chamber 34 closer to an inlet 32) and arranged at least partly facing the air outlet (the end of the ribs 42 closest to the center faces towards the center of the cooling attachment 16).
Therefore, the cooling air ducting 180 may extend around the circular structure and further include ribs 42 to divide the cooling air flow into multiple outlets around the circular structure. Further openings immediately downstream the outlets may deliver the air stream towards the motor 101. As a result, the right half side in Fig. 4 of circular structure may be directly supplied with a uniform amount of cooling air in order for increased or improved cooling of the motor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the base defines a cooling channel around the internal structure; and wherein the base comprises at least one rib extending from a side of the base opposite the cooling channel and arranged at least partly facing the air outlet in Le as taught by Bamberger in order to directly and uniformly deliver a cooling air over the circumference if the motor for increased or improved cooling.
Regarding claim 2, Le in claim 1 further discloses wherein the protrusion has a form which tapers in a direction of the air inlet (the Y shaped end of the diverting element 410 tapers toward the inlet at 175).
Regarding claim 3, Le in claim 2 further discloses wherein the protrusion has two concave surfaces extending on either side of an end of the protrusion.
Bamberger (Fig. 7) further discloses the protrusion (the rib 42 adjacent to inlet 32) has two concave surfaces from inlet 32 towards chamber 34.
Therefore, the two obtuse angles of the Y shaped diverting element 410 may be modified into concave curves as taught by Bamberger. A curved surface is known to reduce air drag due to a smooth surface compared to an abrupt angle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the protrusion has two concave surfaces extending on either side of an end of the protrusion in Le as taught by Bamberger in order to reduce air resistance.
Regarding claim 4, Le in claim 1 further discloses wherein the base has a form (the housing cover 160 has a generally circular form) generated by revolution about an axis (the circular form is generated or centered about an axis 115), and the protrusion extends radially relative to the axis (an end of the diverting element 410 extends radially away from the axis 115).
Regarding claim 5, Le in claim 4 further discloses wherein the cooling channel has a depth (“depth”, see annotated Fig. 2a above), along the axis of the base (parallel to the axis 115), which decreases between the air inlet and the air outlet (see longer depth closer to the inlet axially away from the axis 115 and shorter depth closer to the outlet axially closer to the axis 115).
Regarding claim 7, Le in claim 1 further discloses wherein at least one orifice is provided in a wall of the base (a channel or orifice at the axially diverting elements 405 to direct air into an axial direction immediately after the outlet of the duct 180. Such channel or orifice in the wall of the housing cover 160 inherently exists to deliver cooling air to the brushes 150, see paragraph 0037).
Regarding claim 8, Le in claim 7 further discloses wherein the at least one orifice is arranged at a distance of less than or equal to 20 mm from the air outlet (the channel or orifice is immediately adjacent the outlet of the duct 180).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Le (Us PGPub No. 2015/0004018) in view of Bamberger (US Patent No. 7,101,157) as applied to claim 1 above, and further in view of Takahashi (JP 2002-112504 A).
Regarding claim 9, Le in claim 1 fails to disclose a heat sink fastened to the base and extending facing the cooling channel, the heat sink comprising:
a housing extending from a first side of the heat sink, mounted in the internal structure of the base and configured to receive an element of the motor, and
a second side opposite the first side, a slot configured to receive the control module.
Takahashi discloses a heat sink (heat sink 31, Figs. 1 and 2) fastened to the base (the heat sink 31 fastens to the bottom side of mounting frame 33 that supports stator 3 and rotor 2 of a motor) and extending facing the cooling channel (the top side of the heat sink 31 extends and faces the cooling air passage 5), the heat sink comprising:
a housing (circuit case 4) extending from a first side of the heat sink (downwardly from top side of the heat sink 31), mounted in the internal structure of the base (the top side of the circuit case 4 extends around recess 14 that receives lower end of the motor, see Fig. 1) and configured to receive an element of the motor (the top side of the circuit case 4 is configured to receive fins 31b that cools control circuit 28 of the motor), and
a second side opposite the first side, a slot configured to receive the control module (the case 4 has a slot shaped cavity on bottom side of the heat sink 31 opposite the top side that receives the control circuit 28 of the motor).
Le further discloses an aperture 310 (Fig. 3) to receive an electronic control circuit to control the electric motor 110 (paragraph 0035).
Therefore, the aperture 310 may be relocated to the duct 180 of the housing cover 160, and the relocated aperture 310 in the housing cover 160 may be modified to include a heat sink 31 mounted onto the housing cover 160 having fins 31b within the duct 180; and further include a circuit case 4 on bottom side of the heat sink 31. The circuit case 4 attached onto the housing cover 160 at the region of “internal structure” as indicated in the annotated figure above and include the first and second sides noted above that respectively receive fins 31b and control circuit 28 of the motor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a heat sink fastened to the base and extending facing the cooling channel, the heat sink comprising: a housing extending from a first side of the heat sink, mounted in the internal structure of the base and configured to receive an element of the motor, and a second side opposite the first side, a slot configured to receive the control module in Le as taught by Takahashi in order to provide full cooling air can be given to the circuit 28 without giving to the circuit 28 harmful effects due to the moisture, dust and the like contained in the cooling air (see abstract of Takahashi).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FOR K LING whose telephone number is (571)272-8752. The examiner can normally be reached Monday through Friday, 8:30 am to 5 pm.
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763