Ex Parte Williams et al

Patent Trial and Appeal Board

Feb 21, 2017

12629354 (P.T.A.B. Feb. 21, 2017)

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.
12/629,354 12/02/2009 Kevin R. WILLIAMS NABORS.008001 7682
100183 7590 02/23/2017
Adolph Locklar
Michael Locklar
4615 S.W. Freeway
Suite 630
Houston, TX 77027
EXAMINER
BOBISH, CHRISTOPHER S
ART UNIT PAPER NUMBER
3746
NOTIFICATION DATE DELIVERY MODE
02/23/2017 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):
docket@ adolphlocklar.com
docket@ al-ip.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte KEVIN R. WILLIAMS and CHARLES PATRICK
Appeal 2015-004701
Application 12/629,354
Technology Center 3700
Before JENNIFER D. BAHR, JAMES P. CALVE, and
SEAN P. O’HANLON, Administrative Patent Judges.
CALVE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants appeal under 35U.S.C. § 134 from the final rejection of
claims 1,3, 7—11, and 21—27. Appeal Br. 7. Claims 2, 4—6, and 12—20 are
cancelled. Id. We have jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.
Appeal 2015-004701
Application 12/629,354
CLAIMED SUBJECT MATTER
Claim 1, the sole independent claim on appeal, is reproduced below.
1. A direct drive mud pump comprising:
a permanent magnet motor, wherein said permanent magnet
motor comprises
a housing comprising an interior chamber and a wall
surrounding said interior chamber, a stator being positioned
adjacent said wall of said housing;
said stator positioned within said housing, said stator having a
plurality of windings and an outer cover, said plurality of
windings being in spaced relationship around an inner surface
of said outer cover, the interior surface of the windings defining
a cylindrical aperture, said windings extending radially
inwardly from said outer cover, the outer cover forming a
spaced relationship between said plurality of windings and said
wall; and
a rotor cooperative with said stator and positioned interior of
said stator within said housing;
a shaft connected to said permanent magnet motor; and
a pump head connected to an end of said shaft opposite said
permanent magnet motor.
REJECTIONS
Claims 1,3,7, 8, 23, and 25—27 are rejected under 35 U.S.C. § 103(a)
as unpatentable over Folk (US 2008/0181798 Al, pub. July 31, 2008),
Yukitake (US 2008/0061645 Al, pub. Mar. 13, 2008), and Johnsen
(US 5,331,238, iss. July 19, 1994).
Claims 9-11, 21, and 24 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Folk, Yukitake, Johnsen, and Sogabe (WO 89/08941 Al,
pub. Sept. 21, 1989).
Claim 22 is rejected under 35 U.S.C. § 103(a) as unpatentable over
Folk, Yukitake, Johnsen, Sogabe, and Goettel (US 6,419,465 Bl, iss. July
16, 2002).
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Appeal 2015-004701
Application 12/629,354
Claim 1 is rejected under 35 U.S.C. § 103(a) as unpatentable over
Folk, Yukitake, and Puterbaugh (US 2006/0119197 Al, pub. June 8, 2006).
ANALYSIS
Claims 1, 3, 7, 8, 23, and 25—27 as
unpatentable over Folk, Yukitake, and Johnsen
The Examiner relied on Folk to teach a mud pump recited in claim 1
and Yukitake to teach the features of a rotor and stator 15 having a plurality
of windings 16 in spaced relationship around an inner surface of the stator
and extending radially inwardly from the wall of the housing. Final Act. 2—
3. The Examiner relied on Johnsen to teach an outer cover (containment
sleeve 34) on stator 38 “to form a spaced relationship between the windings
and a housing wall.” Id. at 4. In addition, the Examiner found that Figure
3 A of Johnsen teaches stator 38, windings about stator 38 (col. 5,11. 1—3),
and outermost cover 34 about stator 38 and that “the remainder of the stator
and the windings are positioned about and extend inwardly from, the inner
surface of the stator cover portion.” Ans. 3.
We agree with Appellants that the Examiner has not established that
Folk, Yukitake, and Johnsen teach a plurality of windings extending radially
inwardly from the outer cover. Appeal Br. 13—14. The Examiner is correct
that Yukitake teaches plural windings 16 spaced around an inner surface of
stator 15 but the windings also extend from the stator inner surface rather
than from the motor housing 12 as the Examiner found. See Final Act. 3.
The Examiner’s finding that Johnsen teaches cover 34 that spaces windings
from motor housing 32 does not explain how the windings extend radially
inwardly from cover 34 or are spaced around an inner surface of cover 34, as
claimed, rather than from the inner surface of stator 38. See id. at 4.
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Appeal 2015-004701
Application 12/629,354
Appellants disclose that stator 62 includes outer cover 120 that spaces
coils 122 from the inner wall of motor housing 42. Spec. 148. Coils 122
are spaced around and extend radially inwardly from cover 120. Figures 4
and 7, which are reproduced below, illustrate these features. Id.
FIG. 7
Figure 4 is a cross-section view of housing 42 and stator 62 affixed to
the wall of housing 42. Id. 143. Figure 7 is a perspective view of stator 62
with outer cover 120 and coils 122 spaced around an inner surface of outer
cover 120 and extending radially inwardly therefrom, as claimed. Id. f 48.
Yukitake and Johnsen teach windings spaced around an inner surface
of a stator and extending radially inwardly from the stator inner surface, as
shown in Figure 2 of Yukitake and Figure 3 A of Johnsen, reproduced below.
3!
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Appeal 2015-004701
Application 12/629,354
Figure 2 of Yukitake (on the left) shows coils 16 wound around teeth
15a of stator 15, spaced around an inner surface of stator 15, and extending
therefrom. Yukitake 43, 46. Figure 2 does not show coils 16 extending
inwardly from the wall of housing 12 as the Examiner found. Final Act. 3.
Figure 3 A of John sen (on the right) shows stator (core 38) with slots
60 around an inner perimeter of stator 38 and portions 3 8 A. John sen teaches
that windings (not shown) surround portions 38A and fill slots 60 to provide
a flux path for current flowing through the windings. Johnsen, 5:1—9.
Neither reference teaches the claimed relationship of windings spaced
about an inner surface of the outer cover or extending radially inwardly from
the outer cover, as recited in claim 1. In the case of Yukitake, there is no
outer cover for stator 15. If an outer cover was placed around stator 15, as
taught by Johnsen, the Examiner has not explained how windings 16 would
be spaced along an inner surface of the cover or extend from the cover rather
than being spaced around, and extending from, an inner surface of stator 15.
Johnsen teaches a cover (containment sleeve 34) that is placed around
stator 38; however, just as in Yukitake, coil windings are wrapped around
portions 38A and spaced around an inner surface of stator 38, rather than
around an inner surface of outer cover 34, as claimed. The Examiner has not
provided evidence that the windings are positioned about the inner surface of
cover 34 or that they extend radially inwardly from cover 34. See Ans. 3.
The only elements that Johnsen discloses in a spaced relationship around an
inner surface of outer cover 34 are lugs 50 and cooling passages 42, 44, 46.
Johnsen, 5:1—6:15; Reply Br. 7—8; Appeal Br. 13—14.
Thus, we do not sustain the rejection of claim 1 or dependent claims
3,7, 8, 23, and 25-27.
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Appeal 2015-004701
Application 12/629,354
Claims 9—11, 21, and 24 as unpatentable
over Folk, Yukitake, Johnsen, and Sogabe
The Examiner’s reliance on Sogabe to teach features of dependent
claims 9-11, 21, and 24 (see Final Act. 5—6) does not cure the deficiencies
of Folk, Yukitake, and Johnsen as to claim 1. Thus, we do not sustain the
rejection of these claims.
Claim 22 as unpatentable over Folk,
Yukitake, Johnsen, Sogabe, and Goettel
The Examiner’s reliance on Goettel to teach features of dependent
claim 22 (see Final Act. 7) does not cure the deficiencies of Folk, Yukitake,
and Johnsen as to claim 1. Thus, we do not sustain the rejection of claim 22.
Claim 1 as unpatentable over
Folk, Yukitake, and Puterbaugh
The Examiner rejected claim 1 as unpatentable over Folk, Yukitake,
and Puterbaugh, relying on Puterbaugh to teach the claimed outer cover of
the stator. Final Act. 8—9. The Examiner illustrated these findings with
annotations on Figure 1 of Puterbaugh, which is reproduced below.
FIG. 1
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Appeal 2015-004701
Application 12/629,354
Figure 1 is a cut-away view of electric motor 10 with solid resin 30
covering stator assembly 14 and wire windings 48. Puterbaugh || 25, 29.
Wire windings 48 are wrapped around teeth of laminated core 46 and
slots (not shown). Id. 129. Then, wire windings 48 and end-turn regions 50
“are encapsulated in the solid resin 30” to protect windings 48 and regions
50 from moisture, humidity, and corrosive material. Id. 130. Appellants
argue persuasively that windings 48 do not “extend radially inwardly from
said outer cover” because “they are fully encapsulated thereby.” Reply Br. 8
(emphasis added). Windings 48 extend within resin cover 30. We are not
persuaded that windings 48 extend radially inwardly from resin 30 outer
cover, as claimed. The Examiner’s finding that Puterbaugh’s windings 48
extend radially inwardly from an inner surface of the resin cover 30 (Ans. 4)
is not supported by a preponderance of evidence. Rotor core 64 is adjacent
to the inner surface of solid resin 30. Id. 131, Fig. 1.
Thus, we do not sustain the rejection of claim 1.
DECISION
We reverse the rejections of claims 1,3, 7—11, and 21—27.
REVERSED
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