UNITED STA 1ES p A 1ENT 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.
`
`11/701,350
`
`02/0112007
`
`Joseph G. Marcinkiewicz
`
`5260-000232/US
`
`7267
`
`10/01/2009
`7590
`28997
`HARNESS, DICKEY, & PIERCE, P.L.C
`
`7700 Bonhomme, Suite 400
`ST. LOUIS, MO 63105
`
`EXAMINER
`
`DUDA,RINA I
`
`ART UNIT
`
`PAPER NUMBER
`
`2837
`
`MAIL DATE
`
`DELIVERY MODE
`
`10/0112009
`
`PAPER
`
`
`
`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.
`
`PTOL-90A (Rev. 04/07)
`
`1
`
`IPR2015-00762 - EXHIBIT 1002
`
`Zhongshan Broad Ocean Motor Co., Ltd., Petitioner
`
`Nidec Motor Corporation, Patent Owner
`
`

`

`Supplemental
`11/701,350
`Notice of Allowability
`Examiner
`
`MARCINKIEWICZ ET AL.
`
`
`Art Unit
`
`
`
`Application No.
`
`Applicant(s)
`
`Rina I. Duda
`
`2837
`
`--The MAILING DATE of this communication appears on the cover sheet with the correspondence address-­
`
`
`
`
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`
`
`
`
`
`
`
`
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course.
`THIS
`
`
`
`NOTICE OF ALLOW ABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`
`
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. 1Zl This communication
`
`
`is responsive to /OS filed 8/31/09.
`
`2. 1Zl The allowed
`
`
`claim(s) is/are 1-20.
`
`is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`3. D Copies of the certified copies of the priority documents have been received in this national stage application from the
`
`3. D Acknowledgment
`
`
`
`a) D All b) D Some* c) D None of the:
`
`
`
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`
`
`
`
`
`
`
`
`
`
`
`
`
`International Bureau (PCT Rule 17.2(a)).
`
`
`* Certified copies not received: .
`
`__
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`
`
`
`
`
`
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. 0 A SUBSTITUTE OATH OR DECLARATION
`must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`
`
`
`
`
`
`
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`
`5. D CORRECTED DRAWINGS ( as "replacement
`
`sheets") must be submitted.
`
`
`
`
`
`1) D hereto or 2) D to Paper No./Mail Date __
`.
`
`
`
`
`
`
`
`Paper No./Mail Date __ .
`
`(b) D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`
`
`
`
`
`
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`
`
`
`6. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted.
`
`
`
`Note the
`
`
`
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`
`1. D Notice of References Cited (PT0-892)
`
`2. D Notice of Draftperson's Patent Drawing Review (PT0-948)
`
`3. [gi lnformation Disclosure Statements (PTO/SB/08),
`
`
`
`
`Paper No./Mail Date 8/31/09
`
`
`
`
`of Biological Material
`
`4. D Examiner's Comment Regarding Requirement for Deposit
`
`IRina I Duda/
`
`Primary Examiner, Art Unit 2837
`
`
`5. D Notice of Informal Patent Application
`
`
`6. D Interview Summary (PT0-413),
`
`Paper No./Mail Date __
`.
`
`7. D Examiner's AmendmenUComment
`
`
`
`
`
`8. D Examiner's Statement of Reasons for Allowance
`
`
`
`9. D Other __ .
`
`U.S. Patent and Trademark Off1ce
`
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20090928
`
`2
`
`

`

`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
`22313-1450
`Alexandria, Virginia
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`28997
`
`7590
`
`07/28/2009
`
`HARNESS, DICKEY, & PIERCE, P.L.C
`
`7700 Bonhomme, Suite 400
`ST. LOUIS, MO 63105
`
`EXAMINER
`
`DUDA,RINA I
`
`ART UNIT
`
`PAPERNUMBER
`
`2837
`DATE MAILED: 07/28/2009
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`5260-000232/US
`Joseph G. Marcinkiewicz
`02/0112007
`11/701,350
`TITLE OF INVENTION: LOW NOISE HEATING, VENTILATING AND/OR AIR CONDITIONING (HVAC) SYSTEMS
`
`7267
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisiona1 NO
`
`$1510
`
`$300
`
`$0
`
`$1810
`
`10/28/2009
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS
`STATUTORY PERIOD CANNOT BE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION. IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`
`
`I. Review the SMALL ENTITY status shown above.
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`If the SMALL ENTITY is shown as NO:
`If the SMALL ENTITY is shown as YES, verify your current
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`SMALL ENTITY status:
`
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`B. If applicant claimed SMALL ENTITY status before, or is now
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`
`B. If the status above is to be removed, check box 5b on Part B -
`
`
`
`claiming SMALL ENTITY status, check box Sa on Part B-Fee(s)
`
`
`
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`Transmittal
`
`and twice the amount of the ISSUE FEE shown above, or
`
`
`and pay the PUBLICATION FEE (if required) and l/2
`the ISSUE FEE shown above.
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`II. PART B-FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`
`
`
`
`
`
`of Part B -Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`
`
`
`
`
`
`
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`
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`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
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`Mail Stop ISSUE FEE unless advised to the contrary.
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/3112010.
`
`Pagel of 3
`
`3
`
`

`

`PART B- FEE(S) TRANSMITTAL
`
`
`
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, Virginia 22313-1450
`(571)-273-2885
`or Fax
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks l through 5 should be completed where
`
`
`
`
`
`
`
`
`
`
`
`
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`
`
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`
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`
`
`
`indicated unless corrected below or directed otherwise in Block l, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`Note: A certificate of mailing can only be used for domestic mailings of the
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`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`
`
`
`
`papers. Each additional paper, such as an assignment or formal drawing, must
`
`have its own certificate of mailing or transmission.
`
`28997
`
`7590
`
`07/28/2009
`
`HARNESS, DICKEY, & PIERCE, P.L.C
`
`7700 Bonhomme, Suite 400
`ST. LOUIS, MO 63105
`
`Certificate of Mailing or Transmission
`
`
`
`
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`
`States Postal Service with sufficient postage for first class mail in an envelope
`
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`
`
`
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`
`
`(Depositor's name)
`
`(Signature)
`
`(Date)
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`APPLICATION NO. I FILING DATE I
`I
`5260-000232/US
`7267
`Joseph G. Marcinkiewicz
`ll/701,350
`02/0l/2007
`TITLE OF INVENTION: LOW NOISE HEATING, VENTILATING AND/OR AIR CONDITIONING (HVAC) SYSTEMS
`
`FIRST NAMED INVENTOR
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional NO
`
`$1510
`
`$300
`
`$0
`
`$1810
`
`10/28/2009
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`DUDA, RINAI
`
`2837
`
`318-400020
`
`
`
`l. Change of correspondence address or indication of "Fee Address" (37
`
`
`
`2. For printing on the patent front page, list
`
`
`CFR 1.363).
`
`(l) the names of up to 3 registered patent attorneys
`0 Change of correspondence address (or Change of Correspondence
`
`or agents OR, alternatively,
`Address form PTO/SB/122) attached.
`2 ________________________
`(2) the name of a single firm (having as a member a
`
`
`
`
`0 "Fee Address" indication (or "Fee Address" Indication form
`
`
`registered attorney or agent) and the names of up to
`
`
`
`2 registered patent attorneys or agents. If no name is
`
`
`PTO/SB/47; Rev 03-02 or more recent) attached.
`3 ________________________
`Use of a Customer
`
`listed, no name will be printed.
`Number is required.
`
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`
`
`
`
`
`
`
`
`
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`_
`
`_
`
`
`
`
`
`
`
`
`
`
`
`
`
`group entity 0 Government or other private 0 Corporation Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual
`
`
`
`
`
`
`
`4a. The following fee(s) are submitted:
`
`0 Issue Fee
`
`
`0 Publication Fee (No small entity discount permitted)
`0 Advance Order-#of Copies _________
`
`__
`
`(Please first reapply any previously paid issue fee shown above)
`
`
`
`4b. Payment ofFee(s):
`
`0 A check is enclosed.
`0 Payment by credit card. Form PT0-2038 is attached.
`0 The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`
`
`
`
`
`
`overpayment, to Deposit Account Number
`
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`
`0 b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l.27(g)(2).
`
`
`
`
`0 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`
`
`
`
`
`
`
`
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`
`
`
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized
`Signature
`
`_______________
`
`Typed or printed
`name _______________
`
`________ _
`
`Dille _____________________ __
`
`_______
`
`__
`
`Registration
`No. ___________
`
`_____ _
`
`This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`
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`
`
`
`
`
`
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and
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`submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete
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`
`this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`
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`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`
`
`Alexandria, Virginia 22313-1450.
`
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`
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
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`
`PTOL-85 (Rev. 08/07) Approved for use through 08/3112010. OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`4
`
`

`

`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
`22313-1450
`Alexandria, Virginia
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/701,350
`
`02/0112007
`
`Joseph G. Marcinkiewicz
`
`5260-000232/US
`
`7267
`
`28997
`
`7590
`
`07/28/2009
`
`HARNESS, DICKEY, & PIERCE, P.L.C
`
`7700 Bonhomme, Suite 400
`ST. LOUIS, MO 63105
`
`EXAMINER
`
`DUDA,RINA I
`
`ART UNIT
`
`PAPERNUMBER
`
`2837
`DATE MAILED: 07/28/2009
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`
`
`
`
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 300 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`
`months) after the mailing date of this notice, the Patent Term Adjustment will be 300 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
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`
`
`
`determines Patent Term Adjustment is the filing date of the most recent CPA.
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`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
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`(PAIR) WEB site (http://pair.uspto.gov).
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`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
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`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
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`(571)-272-4200.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/3112010.
`
`Page 3 of 3
`
`5
`
`

`

`11/701,350
`Notice of Allowability
`Examiner
`
`MARCINKIEWICZ ET AL.
`
`
`Art Unit
`
`
`
`Application No.
`
`Applicant(s)
`
`Rina I. Duda
`
`2837
`
`--The MAILING DATE of this communication appears on the cover sheet with the correspondence address-­
`
`
`
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`
`
`
`
`
`
`
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course.
`THIS
`
`
`
`NOTICE OF ALLOW ABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`
`
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IZ! This communication
`
`
`
`
`on 6/26/09. is responsive to amendment receiuved
`
`2. 1Zl The allowed
`
`
`claim(s) is/are 1-20.
`
`is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`3. D Acknowledgment
`
`
`
`a) D All b) D Some* c) D None of the:
`1. D Certified
`
`
`copies of the priority documents have been received.
`2. D Certified
`copies of the priority documents have been received in Application No. __ .
`
`
`
`
`
`3. D Copies of the certified
`
`
`
`
`
`
`International Bureau (PCT Rule 17.2(a)).
`
`
`* Certified copies not received: .
`
`copies of the priority documents have been received in this national stage application from the
`
`__
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`
`
`
`
`
`
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. 0 A SUBSTITUTE OATH OR DECLARATION
`must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`
`
`
`
`
`
`
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. D CORRECTED DRAWINGS ( as "replacement
`
`sheets") must be submitted.
`(a) D including
`
`
`
`1) D hereto or 2) D to Paper No./Mail
`Date __
`.
`(b) D including
`
`
`
`
`
`
`Paper No./Mail Date __ .
`
`changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`
`changes required by the attached Examiner's Amendment I Comment or in the Office action of
`
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`
`
`
`
`
`
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`
`
`
`6. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted.
`
`
`
`Note the
`
`
`
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. D Notice of References
`Cited (PT0-892)
`2. D Notice of Draftperson's
`Patent Drawing Review (PT0-948)
`
`3. [gi lnformation Disclosure Statements (PTO/SB/08),
`
`
`
`
`Paper No./Mail Date 1 0/24/08
`4. D Examiner's
`
`
`
`of Biological Material
`
`Comment Regarding Requirement for Deposit
`
`5. D Notice of Informal
`Patent Application
`6. D Interview
`Summary (PT0-413),
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`Paper No./Mail Date __
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`7. D Examiner's
`AmendmenUComment
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`8. [gl Examiner's Statement of Reasons for Allowance
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`9. D Other __
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`U.S. Patent and Trademark Off1ce
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`PTOL-37 (Rev. 08-06)
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`Notice of Allowability
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`Part of Paper No./Mail Date 20090726
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`Application/Control Number: 11/701,350
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`Page 2
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`Art Unit: 2837
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`DETAILED ACTION
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`Allowable Subject Matter
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`1. Claims 1-20 are allowed.
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`2. The following is an examiner's statement of reasons for allowance: The
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`rejections are withdrawn based on applicant's amendment and remarks dated 6/26/09.
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`Any comments considered necessary by applicant must be submitted no later
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`than the payment of the issue fee and, to avoid processing delays, should preferably
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`Statement of Reasons for Allowance."
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Rina I. Duda whose telephone number is 571-272-2062.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Walter Benson can be reached on 571-272-2227. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`Application/Control Number: 11/701,350
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`Page 3
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`Art Unit: 2837
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`Information regarding the status of an application may be obtained from the
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`IRina I Duda/
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`Primary Examiner, Art Unit 2837
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`8
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`PATENT
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`Application No.:
`11/701 ,350
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`1 , 2007 Filing Date: February
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`Applicant: MARCINKIEWICZ et al.
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`Group Art Unit: 2837
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`Examiner: Rina I. Duda
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`Title:
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`Low Noise Heating, Ventilating And/Or Air Conditioning (HVAC)
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`Systems
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`Attorney Docket: 5260-000232/US
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`Mail Stop Amendment
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`Commissioner for Patents
`P.O. Box 1450
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`Alexandria, Virginia 22313-1450
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`AMENDMENT A
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`In response to the Office Action mailed February 26, 2009, please amend the
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`application as follows and consider the remarks set forth below.
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`Applicant hereby petitions under the provisions of 37 C.F.R. § 1.136(a) for an
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`extension of time in which to respond to the outstanding Office Action and includes a
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`fee as set forth in 37 C.F.R. § 1.17(a) with this response for such extension of time.
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`begin on page 2 of this paper.
`Amendments to the Specification
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`Amendments to the Claims begin on page 3 of this paper.
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`Remarks begin on page 7 of this paper.
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`9
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`AMENDMENTS TO THE SPECIFICATION
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`Please replace Paragraph [0028] with the following paragraph rewritten in
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`amendment format:
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`In the case where the air-moving component 41 0 is a blower and the motor
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`controller 404 is configured to operate in a constant airflow mode (also called a constant
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`cubic feet per minute (CFM) mode, in which the blower is controlled so as to provide a
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`desired level of airflow), a vector control architecture provides a substantially constant
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`torque over the operating range of the permanent magnet motor. Therefore, the
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`constant airflow control laws need not address torque changes that could otherwise
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`occur with changes in the speed, etc. Moreover, due to the dynamic response of the
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`vector control architecture, there is substantially no interaction with the constant airflow
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`control loop. Additional details regarding sensorless control techniques and sinewave
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`commutation using vector control (as well as speed, torque and constant airflow control
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`in U.S. application Ser. Nos. 11/293,743 and
`schemes, discussed below) are disclosed
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`11/293,744 filed Dec. 2, 2005, and U.S. Pat. Nos. 6,326,750
`.. a-00 6,756,757,
`7,208,895
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`and 7,342,379, the entire disclosures of which are incorporated herein by reference.
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`Application No. 11/701,350
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`Page 2 of 11
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`10
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`AMENDMENTS TO THE CLAIMS
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`The following listing of claims will replace all prior versions and listings of claims
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`in the application.
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`LISTING OF CLAIMS
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`1. (currently amended) A heating, ventilating and/or air conditioning (HVAC)
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`system comprising a system controller, a motor controller, an air-moving component,
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`and a permanent magnet motor having a stationary assembly, a rotatable assembly in
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`magnetic coupling relation to the stationary assembly, and a shaft coupled to the air­
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`moving component, wherein the motor controller is configured for performing sinewave
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`commutation, using independent values of Q and d axis currents.
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`in response to one or
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`more control signals received from the system controller to produce continuous phase
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`currents in the permanent magnet motor for driving the air-moving component.
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`assembly 2. (original) The HVAC system of claim 1 wherein the stationary
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`includes a plurality of phase windings and the motor controller is configured for
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`energizing all of the phase windings at the same time.
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`phase 3. (original) The HVAC system of claim 2 wherein the continuous
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`currents are substantially sinusoidal.
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`assembly is 4. (original) The HVAC system of claim 3 wherein the rotatable
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`coupled to the shaft without using a damping material.
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`5. (original) The HVAC system of claim 3 wherein the air-moving component
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`is a blower.
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`component 6. (original) The HVAC system of claim 3 wherein the air-moving
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`is a draft inducer.
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`Application No. 11/701,350
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`Page 3 of 11
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`11
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`7. (original) The HVAC system of claim 3 wherein the air-moving component
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`is a condenser fan.
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`magnet 8. (original) The HVAC system of claim 3 wherein the permanent
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`motor is a brushless permanent magnet (BPM) motor.
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`9. (original) The HVAC system of claim 8 wherein the BPM motor is a back-
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`10. (original) The HVAC system of claim 3 wherein the system controller
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`includes a thermostat.
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`11. (original) The HVAC system of claim 3 wherein the at least one control
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`signal from the system controller represents a desired airflow for the air-moving
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`component.
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`12. (original) The HVAC system of claim 3 wherein the at least one control
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`signal from the system controller represents a desired torque or speed of the permanent
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`magnet motor.
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`13. (original) The HVAC system of claim 3 wherein the motor controller is
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`configured for performing sinewave commutation using vector control.
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`14. (currently amended) The HVAC system of claim 13 wherein the motor
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`controller is configured for performing sinewave commutation using sensorless!Y
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`estimating a position of the rotatable assembly using a flux estimate produced using
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`energization feedback from the permanent magnet motor vector control.
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`is 15. (original) The HVAC system of claim 3 wherein the motor controller
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`configured to produce continuous phase currents that cancel effects of harmonic
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`content in the permanent magnet motor's back emf.
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`Application No. 11/701,350
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`Page 4 of 11
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`12
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`16. (currently amended) A blower assembly for a heating, ventilating and/or
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`air conditioning (HVAC) system, the blower assembly comprising a motor controller, a
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`blower, and a permanent magnet motor having a stationary assembly, a rotatable
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`assembly in magnetic coupling relation to the stationary assembly, and a shaft coupled
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`to the blower, wherein the motor controller is configured for performing sinewave
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`commutation, using independent values of Q and d axis currents.
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`in response to one or
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`more control signals received from a system controller to produce continuous phase
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`currents in the permanent magnet motor for driving the blower.
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`17. (currently amended) The blower assembly of claim 16 wherein the motor
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`controller is configured for performing sinewave commutation using sensorless!Y
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`estimating a position of the rotatable assembly using a flux estimate produced using
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`energization feedback from the permanent magnet motor vector control.
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`18. (currently amended) The blower assembly
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`of claim 17 wherein the motor
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`controller is configured to produce continuous substantially sinusoidal phase currents
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`that cancel harmonic content in the permanent magnet motor's back emf.
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`19. (currently amended) A method for driving an air-moving component of a
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`heating, ventilating and/or air conditioning (HVAC) system in response to a control
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`signal, the HVAC system including a permanent magnet motor having a stationary
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`assembly and a rotatable assembly in magnetic coupling relation to the stationary
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`assembly, said rotatable assembly coupled in driving relation to the air-moving
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`component, the method comprising receiving at least one control signal from a system
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`controller, and performing sinewave
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`commutation, using independent values of Q and d
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`axis currents. in response to the at least one control signal received from the system
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`Application No. 11/701,350
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`Page 5 of 11
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`13
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`controller to produce continuous currents in the permanent magnet motor for driving
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`said air-moving component.
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`is a component 20. (original) The method of claim 19 wherein the air-moving
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`blower, and wherein receiving includes receiving at least one control signal representing
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`a desired airflow for the blower, a desired torque of the permanent magnet motor, or a
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`desired speed of the permanent magnet motor.
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`Application No. 11/701,350
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`Page 6 of 11
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`14
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`REMARKS
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`By this response, no claims have been added or canceled. Therefore, claims 1-
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`20 remain pending.
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`Minor amendments have been made to paragraph [0028] of the specification to
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`replace the application numbers of two previously co-pending applications with their
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`now issued patent numbers.
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`The Examiner is respectfully requested to reconsider and withdraw the rejection
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`in view of the amendments and remarks contained herein.
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`REJECTION UNDER 35 U.S.C. § 103
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`Claims 1-20 stand rejected under 35 U.S.C. § 1 03(a) as being unpatentable over
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`Bessler et al. (U.S. Pat. No. 5,41 0,230) in view of Bausch (U.S. Pat. No. 5,426,354).
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`This rejection is respectfully traversed.
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`As amended herein, independent claim 1 recites a heating, ventilating and/or air
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`conditioning (HVAC) system comprising a system controller, a motor controller, an air­
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`moving component, and a permanent magnet motor having a stationary assembly, a
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`rotatable assembly in magnetic coupling relation to the stationary assembly, and a shaft
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`coupled to the air-moving component. The motor controller is configured for performing
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`sinewave commutation, using independent values of Q and d axis currents, in
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`response to one or more control signals received from the system controller to produce
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`continuous phase currents in the permanent magnet motor for driving the air-moving
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`component. Emphasis added.
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`Application No. 11/701,350
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`Page 7 of 11
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`15
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`Similarly, amended claim 16 recites a blower assembly comprising a motor
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`controller configured for performing sinewave commutation using independent values
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`of Q and d axis currents to produce continuous phase currents, and amended claim
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`19 recites a method that includes performing sinewave commutation using
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`independent values of Q and d axis currents to produce continuous phase currents.
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`Emphasis added.
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`Support for these claims amendments can be found, among other places, in Fig.
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`8 of the instant application as filed. Accordingly, no new matter has been added to the
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`claims amended herein.
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`In contrast to what is recited by the presently pending claims, Bausch does not
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`disclose a motor controller configured for performing sinewave commutation using
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`independent values of Q and d axis currents to produce continuous phase currents.
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`In fact, Bausch does not even mention Q or d axis currents. Further, Bausch's motor
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`controller 10 includes digital-to-analog converters (DACs) 22a-22c to generate three
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`multiplication signals. These signals are summed together by a summer 28 to produce
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`a total phase error signal that is provided to a PI Filter A 32. See column 3, lines 28-55
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`and Fig. 1. As apparent to those skilled in the art, such a control structure does not
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`allow for independent values of Q and d axis currents as recited by amended claims 1,
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`16 and 19. Thus, Bausch clearly fails to disclose a motor controller configured for
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`perform