Patents

Decision Information

Decision Content

                  COMMISSIONER'S DECISION

 

Obviousness: Magnetic Core Windings

 

The applicant's apparatus establishes the final form and shape of the end turn

portions of the windings of a magnetic core. It had been refused as obvious.

 

An amendment overcame the objections of the Office.

 

Final Action: Affirmed - Modification accepted.

 

*******************************************

 

This decision deals with a request for review by the Commissioner of

Patents of the Examiner's Final Action dated November 29, 1977, on applica-

tion 216,291 (Class 26-66). The application was filed on December 16,

1974, in the name of Alan L. Kindig, and is entitled "Method And Apparatus

For Forming Winding End Turns."

 

The application relates to methods and apparatus for forming winding end

turns and, more particularly, for establishing the final form and shape of

the end turn portions of the windings supported on a magnetic core.

 

In the Final Action the examiner refused all of the claims (1 to 9) for

failing to define patentable subject matter over the following United States

patent:

 

3,593,405            July 20, 1971           Hahn

 

Hahn discloses an apparatus for forming magnetic core winding end turn assem-

blies which includes a center-mounting member to receive the cores. Figure

1 shown below is illustrative of that invention:

 

                  (See formula I)

 In the Final Action the examiner had inter alia this to say:

 

...

 

 Claims 1 to 9 are fully met by the method and apparatus dis-

 closed in the cited reference. Applicant's method steps in

 claims 1 to 5 are the same steps as performed by the Hahn

 apparatus which provides for simultaneous selective pressing

 of preselected arcuate regions of a plurality of end turn

 portions of a stator core member by engaging said pre-

 selected regions with movable tool segments each capable of

 adjustment to move an independent predetermined amount.

 The apparatus defined in claims 6 to 9 is also disclosed

 by Hahn and comprises means for preselectively and independently

 determining relative movements of spaced apart tooling members

 and means for forcing said tooling members against the winding

 end turns in accordance with the movement patterns provided

 for by the first means.

 

 Applicant has argued against the pertinence of the cited refer-

 ence but has failed to short how the claimed method and apparatus

 differ from the reference. The arguments refer generally to

 applicant's disclosed method and apparatus rather than to the

 claimed method and apparatus. The cam surfaces of Hahn are

 described by applicant as being of a kind which "do not permit

 of convenient adjustment". The examiner agrees with this state-

 ment but applicant has not defined in the claims any structure

 which is readily adjustable or any method which involves such

 adjustment. If this is the inventive improvement over the Hahn

 patent, the claims must include this feature and must do so

 in distinct and explicit terms.

 

 ...

 

 In response to the Final Action the applicant amended page 4 of the disclosure

 and submitted new claims 1 to 7. He also stated (in part):

 

 ...

 

 It appears that Applicant's previous argument and the Examiner's

 subsequent Final Action are based on the interpretation of one

 or two words. It was Applicant's belief that the words, for example,

 "preselectively and independently" should be interpreted as meaning

 that before any operation one or more independent adjustments could

 be made, that is an adjustment could be made to preselect a desired

 movement for any tool segment independent of any other tool

 segment. In the cited reference the cam ring may be replaced but the

 replacement affects each tool segment controlled by the cam ring.

 It is certainly possible in the prior art to replace a cam ring where only

 one of several camming surfaces are altered to adjust movement of

 one tool segment, but nevertheless all the camming surfaces on that

 cam ring are replaced and it was Applicant's belief that this was not

 "independent" adjustment. The United States Patent Office apparently

 agreed with Applicant's interpretation of the wording.

 On page 2 of the Final Action, under "2", the Examiner argues

 that the "Relative movement of the tooling members is independ-

 ent since each tooling member has its associated cam roller and

 cam recess and the movements are preselected by the chosen cam".

 This is not quite what claim 6 says at this point. It recites

 "means for preselectively and independently determining .....".

 Applicant still believes the replacement of a cam ring does not

 come within the meaning of "independently determining".

 

 However, in order to expedite the prosecution of this application

 Applicant has amended all the claims (with the exception of the

 added claim). It is believed these amendments will emphasize the

 separate adjustment of each tool segment movement.

 

 ...

 

 On March 10, 1978, the examiner referred this application to the Board and stated

 that the amendments satisfy all objections made in the Final Action "except

 for the excessive breadth of claims 1 to 4." He went on to say that this

 objection could be overcome by adding to claims 1 and 3 a restriction along the

 following lines "the step of adjusting the adjusting means so that one or more tool

 segments will move a greater or lesser distance than the remaining tool segments."

 

We carefully reviewed the prosecution of the application and decided that such

 an amendment would, in our view, place the claims in allowable form. According-

 ly, we notified the agent, Mr. J. Lamb. He in turn, on April 6, 1978, submitted

 amended claims 1 and 3. On April 24, 1978, further clarifying amendments were

 made to these claims. Amended claim 1 reads:

 

 A method of establishing a predetermined desired form and shape

 of at least part of an arcuately extending envelope of at least

 part of a plurality of end turn portions of a number of turns of

 wire supported adjacent to at least one end face of a magnetic

 core, said method comprising individually adjusting at least one

 of a plurality of adjusting members which have means to cooperate

 with respective tool segments positioned to engage arcuately displaced

 regions of the envelope for individual predetermined amounts of

 movement in a direction towards said envelope, the step of adjusting

 the adjusting members enabling one or more tool segments to move a

 greater or lesser distance than the remaining tool segments, and

 thereafter moving each tool segment by its respective individual

 predetermined amount to establish the desired form and shape of

 the envelope.

 

In the circumstances we find it unnecessary to comment further because the

amendments made and the arguments presented overcome the rejection in the

Final Action. We recommend that claims 1 to 7 be accepted.

 

 J.F. Hughes 

 Assistant Chairman

Patent Appeal Board, Canada

 

I have reviewed the prosecution of this application and agree with the recomm-

endation of the Patent Appeal Board. Accordingly, I accept the claims present-

ly on file in this application. The application is returned to the examiner

for resumption of prosecution.

 

J.H.A. Gariepy

Commissioner of Patents

 

Dated at Hull, Quebec

this 5th day of May, 1978

 

Agent for Applicant

 

R.A. Eckersley

214 King St . W.

Toronto, Ont.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.