2021001069 (P.T.A.B. Dec. 30, 2020)

Dyson Technology Limited

Patent Trials and Appeals BoardDec 30, 2020

2021001069 (P.T.A.B. Dec. 30, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/376,422 12/12/2016 Nigel Youatt DYMOND 42466-21100.00 9265 25227 7590 12/30/2020 MORRISON & FOERSTER LLP 2100 L STREET, NW SUITE 900 WASHINGTON, DC 20037 EXAMINER GIBSON, DEMETRIES A ART UNIT PAPER NUMBER 2837 NOTIFICATION DATE DELIVERY MODE 12/30/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): EOfficeVA@mofo.com PatentDocket@mofo.com pair_mofo@firsttofile.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte NIGEL YOUATT DYMOND, ANDREW SIMEON BARNES, and ANDREW CHARLTON CLOTHIER Appeal 2021-001069 Application 15/376,422 Technology Center 2800 Before TERRY J. OWENS, JAMES C. HOUSEL, and JANE E. INGLESE, Administrative Patent Judges. OWENS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), the Appellant1 appeals from the Examiner’s decision to reject claims 1–21. See Final Act. 1. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 We use the term “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. The Appellant identifies the real party in interest as Dyson Technology Limited. Appeal Br. 2. Appeal 2021-001069 Application 15/376,422 2 CLAIMED SUBJECT MATTER The claims are directed to a stator assembly. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1, A four-pole stator assembly comprising: a bobbin assembly; and two c-shaped stator cores, each of the c-shaped stator cores comprising a back and first and second pole arms extending from the back; wherein the bobbin assembly comprises first and second bobbin portions, each of the bobbin portions comprising two hollow bobbin arms, each of the bobbin arms defining a slot for receiving a pole arm, and a winding wound around each of the hollow bobbin arms, and wherein the c-shaped stator cores are arranged such that each of the c-shaped stator cores bridges across both bobbin portions with one of the first and second pole arms extending through a slot in the first bobbin portion, and the other of the first and second pole arms extending through a slot in the second bobbin portion, the pole arms being fixed in the slots by adhesive. REFERENCES The prior art relied upon by the Examiner is: Name Reference Date King US 2013/0249330 A1 Sept. 26, 2013 Li US 2017/0093262 A1 Mar. 30, 2017 REJECTIONS Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis 1–6, 8–20 102(a)(2) King 7, 21 103 King, Li Appeal 2021-001069 Application 15/376,422 3 OPINION We need address only the independent claims (1 and 11). Those claims require that each of two c-shaped stator cores bridges across both first and second bobbin portions. That structure is illustrated in the Appellant’s Figure 1 wherein a bobbin assembly (12) has adjacent first and second bobbin portions (both numbered 14) each having on opposite sides thereof a bobbin arm (16) with a slot (17) therein, and each of two pole arms (24) of a c-shaped stator core (20) extends through the slot (17) in one of the two bobbin portion (14)’s adjacent bobbin arms (16) on each of the opposite sides. King discloses a stator (3) comprising two stator elements (8, 9) which are on opposite sides of a rotor (2) and are secured together by two bridges (10, 11; Fig. 1) (¶ 21). Each stator element (8, 9) comprises a c- shaped core (12) with two arms (18, 19), each surrounded by a bobbin (13 or 14) having wound around it a coil (15 or 16) (¶¶ 22–24). The Examiner has the initial burden of establishing a prima facie case of anticipation by pointing out where all of the claim limitations appear, either expressly or inherently, in a single reference. See In re Spada, 911 F.2d 705, 708 (Fed. Cir. 1990); Corning Glass Works v. Sumitomo Elec. U.S.A., Inc., 868 F.2d 1251, 1255–56 (Fed. Cir. 1989); In re King, 801 F.2d 1324, 1327 (Fed. Cir. 1986). The Examiner finds that King’s stator element 8’s bobbins 13 and 14 correspond to the Appellant’s first bobbin portion, stator element 9’s bobbins 13 and 14 correspond to the Appellant’s second bobbin portion, each of stator element 8’s arms 18 and 19 extends through a slot in the first bobbin portion, and each of stator element 9’s arms 18 and 19 extends Appeal 2021-001069 Application 15/376,422 4 through a slot in the second bobbin portion (Ans. 3–4). Thus, the Examiner finds that King discloses a c-shaped stator core (12) with two halves (stator element 8 having arms (18, 19) bridging across a first bobbin portion and stator element 9 having arms (18, 19) bridging across a second bobbin portion) which, when joined by bridges (10 and 11), bridge across first and second bobbin portions (one on each side of the rotor (2)) (Id). Because the arms (18, 19) of each of King’s c-shaped stator elements (8, 9) bridge across only one bobbin portion (as defined by the Examiner), King does not meet the Appellant’s claim requirement of two c- shaped stator cores, each of which bridges across first and second bobbin portions. The Examiner, therefore, has not established that King discloses all of the Appellant’s claim limitations. Accordingly, we reverse the rejections.2 CONCLUSION The Examiner’s decision to reject claims 1–21 is REVERSED. 2 In the rejection under 35 U.S.C. § 103 the Examiner does not provide any obviousness rationale regarding the deficiency in King as to the independent claims (Final Rej. 8–9). Appeal 2021-001069 Application 15/376,422 5 DECISION SUMMARY Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–6, 8–20 102(a)(2) King 1–6, 8–20 7, 21 103 King, Li 7, 21 Overall Outcome 1–21 REVERSED