DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 20, 2026 has been entered.
Response to Amendment
The Amendment filed May 26, 2026 has been entered. Claims 1 – 20 are pending in the application with claims 19 – 20 being newly added.
Claim Objections
Claim 16 is objected to because of the following informality:
Claim 16, line 2: “a pump housing” should read --the pump housing--.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 – 3, 6 – 9, 11, 12, 15, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Rix et al. (“8th International Pump Users Symposium” – herein after Rix) in view of Fulton, Garland (US 3,520,642 – herein after Fulton) and Schneider et al. (US 2014/0001004 – herein after Schneider).
In reference to claim 1, Rix teaches a magnetically-driven pump (see figs. 1-2, 21 (shown in fig. A below) OR see figs. 2, 21 and 25 (shown in fig. A1 below); fig. 1 is a pump with single can/shroud, fig. 2 is a pump with a dual walled can/shroud and fig. 25 (top image) is a pump with a can, wherein the can is viewed as dual-walled can/shroud (combination which is implied in view of disclosure on page 94); note for better understanding of the claim rejections below: fig. A below shows details missing in fig. 2 in view of fig. 1 while fig. A1 below shows pump in fig. 25 with double containment can discussed in fig. 2 or fig. 21), comprising:
a pump housing (see fig. A or fig. A1 below),
a housing cover (see fig. A below: note that housing cover is considered to be formed of components labeled A and B; alternatively, see fig. A1 below) which closes the pump housing (closes right side of the pump housing), wherein the pump housing and the housing cover (as evident from fig. A or fig. A1 below) are two separate-non-integral parts (“two separate-non-integral parts” = separate parts that are coupled to one another), and
a containment can (referred as “dual walled shroud”, see page 86, left col., lines 1-9) which has a metal inner shell (see page 86, left col., lines 8-9; labeled in fig. A below for convenience; alternatively, see fig. 21 on page 93) and a ceramic outer shell (see page 86, left col., lines 8-9; labeled in fig. A below for convenience; alternatively, see fig. 21 on page 93) on which a flange (see fig. A below) is formed,
wherein the metal inner shell is fixed to the housing cover and the ceramic outer shell is fixed against the housing cover (as evident from fig. A below).
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Fig. A: Edited fig. 2 of Rix to show claim interpretation.
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Fig. A1: Edited fig. 25 (top image) of Rix to show claim interpretation.
Rix does not teach the pump, wherein the metal inner shell is welded to the housing cover.
However, Fulton teaches a pump (see fig. 1) comprising a housing cover (19) which closes a pump housing (26) and a metallic shell/can (32; see col. 2, lines 33-34), wherein front/open end of the metallic shell (32) is welded (see col. 2, lines 29-33) to the housing cover (26).
Rix teaches the containment can, wherein the metal inner shell is coupled to the housing cover. Fulton teaches the containment can comprising the metal shell (equivalent to claimed “metal inner shell”) coupled to the housing cover by welding. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to couple the metal inner shell to the housing cover in the pump of Rix by welding as taught by Fulton for the purpose of securing the metallic shell in fluid tight relation, as recognized by Fulton (see col. 2, lines 29-31).
Rix does not teach the pump, wherein the ceramic outer shell “is braced against the housing cover by way of a clamping ring on the flange”.
However, Schneider teaches a containment can, wherein (see figs. 1, 1a and ¶36) a ceramic outer shell (wall 4) of a containment can (1) has a flange (2) and wherein the ceramic outer shell is braced against a housing cover (6) by way of a clamping ring (7=8+9+10) on the flange (2).
Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the connection of the outer ceramic shell to the housing cover in the modified pump of Rix that involves use of a clamping ring as taught by Schneider because utilizing the connection with a clamping ring as taught by Schneider provides the advantage of avoiding harmful stress transitions and stress peaks onto the containment can, as recognized by Schneider (in ¶42).
Thus, Rix, as modified by Fulton and Schneider, teaches the pump (see fig. B below), wherein the metal inner shell is welded (in circled region) to the housing cover (as per Fulton) and wherein the ceramic outer shell is braced against the housing cover by way of a clamping ring on the flange (as per Schneider).
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Fig. B: Edited fig. 21 of Rix to show the modified containment can.
In reference to claim 2, Rix, as modified, teaches the magnetically-driven pump, wherein the pump comprises a driver (see fig. A1 above: in this case, driver = assembly corresponding to drive magnets in the pump) and a rotor (see fig. A1 above: in this case, rotor = rotating assembly formed by components such as driven magnets, shaft and impeller) between which the containment can (“dual walled shroud”) is arranged, wherein the rotor is mounted in the containment can (as evident from fig. A1 above) by way of a pump bearing (see fig. A1 above), wherein the pump bearing is fastened (see component labeled “bearing carrier” fastened at location labeled “s.c.” in fig A1 above) to the housing cover.
In reference to claim 3, Rix, as modified, teaches the magnetically-driven pump, wherein the pump bearing (see fig. A1 above) is fastened to the housing cover by way of a screw connection (“screw connection” = connection achieved using a fastener; this connection is labelled “s.c.” in fig. A1 above).
In reference to claim 6, Rix teaches the magnetically-driven pump, wherein (see fig. 2, fig. 21 and disclosure on page 93 under heading “Monitoring a Dual Shroud”) a pressure monitoring line (line labeled as “Leakage-indicator” in fig. 21 or fig. B above; alternatively, see fig. C below) is formed in the housing cover, wherein the pressure monitoring line runs in a gap between the metal inner shell and the ceramic outer shell (as evident from disclosure on page 93 under heading “Monitoring a Dual Shroud”: the asserted pressure monitoring line monitors pressure and is in fluid communication with a gap formed between the metal inner shell and the ceramic outer shell).
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Fig. C: Edited fig. 2 of Rix to show claim interpretation.
In reference to claim 7, Rix teaches the magnetically-driven pump, wherein a pressure sensor (see fig. C above; the asserted element is considered to be a pressure sensor in view of disclosure on page 93 under heading “Monitoring a Dual Shroud”) for monitoring a pressure in the gap is connected to the pressure monitoring line.
In reference to claim 8, Rix teaches the magnetically-driven pump, wherein the metal inner shell is formed from a nickel-based alloy (see page 86, left col., lines 8-9: metal inner shell is formed of Hastealloy C-4 which is a nickel-based alloy).
In reference to claim 9, Rix teaches the magnetically-driven pump, wherein the ceramic outer shell is formed from zirconium oxide (see fig. A above or page 86, left col., lines 8-9).
In reference to claim 11, Rix teaches a containment can (referred as “dual walled shroud”, see page 86, left col., lines 1-9) comprising:
a metal inner shell (see page 86, left col., lines 8-9; labeled in fig. A above for convenience; alternatively, see fig. 21 on page 93);
a housing cover (casing that “containment can” is coupled to; see fig. A above: note that housing cover is considered to be formed of components labeled A and B; alternatively, see fig. A1 above) coupled to the metal inner shell, wherein the housing cover is configured to close a pump housing (see fig. A or fig. A1 above; the housing cover is configured to close right side of the pump housing) such that the housing cover and the housing cover (as evident from fig. A or fig. A1 above) are two separate-non-integral parts (“two separate-non-integral parts” = separate parts that are coupled to one another); and
a ceramic outer shell with a flange (see fig. A above).
Rix does not teach the containment can, wherein the housing cover is coupled to the metal inner shell “by a weld seam formed between the housing cover and the metal inner shell”.
However, Fulton teaches a pump (see fig. 1) comprising a housing cover (19) which closes a pump housing (26) and a metallic shell/can (32; see col. 2, lines 33-34), wherein the housing cover (26) is coupled to the metallic shell (32) by a weld seam (see col. 2, lines 29-33) formed between the housing cover and the metallic shell.
Rix teaches the containment can, wherein the metal inner shell is coupled to the housing cover. Fulton teaches the containment can comprising the metal shell (equivalent to claimed “metal inner shell”) coupled to the housing cover by welding. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to couple the housing cover to the metal inner shell in the pump of Rix by welding or weld seam as taught by Fulton for the purpose of securing the metallic shell in fluid tight relation, as recognized by Fulton (see col. 2, lines 29-31).
Rix does not teach the containment can, wherein the ceramic outer shell is “braced against the housing cover by way of a clamping ring”.
However, Schneider teaches a containment can, wherein (see figs. 1, 1a and ¶36) a ceramic outer shell (wall 4) of a containment can (1) has a flange (2) and wherein the ceramic outer shell is braced against a housing cover (6) by way of a clamping ring (7=8+9+10) on the flange (2).
Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the connection of the outer ceramic shell to the housing cover in the containment can of Rix that involves use of a clamping ring as taught by Schneider because utilizing the connection with a clamping ring as taught by Schneider provides the advantage of avoiding harmful stress transitions and stress peaks onto the containment can, as recognized by Schneider (in ¶42).
Rix, as modified by Fulton and Schneider, teaches the containment can (see fig. B above), wherein the housing cover positioned (in axial direction) between the weld seam and the clamping ring.
In reference to claim 12, Rix, as modified, teaches the containment can, wherein (see fig. B above) the flange is fixed to the housing cover by a fastener (labeled “F”) passing through the clamping ring.
Rix, as modified, remains silent on the containment can wherein the fastener “is positioned radially outward relative to the weld seam”.
However, this claimed positional relationship depends on various factors such as respective shapes of inner and outer shells of the containment can and coupling locations of these shells with respect to the housing cover. For instance, see fig. 16 on page 91 of Rix. If the modified containment can (shown in fig. B above) is adopted to have shells with shapes and their coupling locations with respect to the housing cover such as ones shown in fig. 16 (see fig. D below), then the fastener is positioned radially outward relative to the weld seam.
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Fig. D: Edited fig. 16 of Rix.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to have the fastener positioned radially outward relative to the weld seam in the modified containment can of Rix since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Further, applicant places no criticality for the claimed limitation of having the fastener positioned radially outward relative to the weld seam.
In reference to claim 15, Rix, as modified, teaches the containment can, further comprising (see fig. 2, fig. 21 and disclosure on page 93 under heading “Monitoring a Dual Shroud”) a pressure monitoring line (line labeled as “Leakage-indicator” in fig. 21 or fig. B above; alternatively, see fig. C above) formed in the housing cover, the pressure monitoring line in fluid communication with a gap formed between the metal inner shell and the ceramic outer shell (see disclosure under “Monitoring a Dual Shroud” on page 93: the asserted pressure monitoring line monitors pressure and is in fluid communication with a gap formed between the metal inner shell and the ceramic outer shell).
In reference to claim 17, Rix, as modified, teaches the magnetically-driven pump, wherein a first side of the housing cover closes the pump housing and the ceramic outer shell is braced against a second side of the housing cover by way of the clamping ring on the flange, the first side opposing the second side [this limitation is taught in view of fig. A1 above and fig. B above: the housing cover in fig. A1 has a left side (“a first side”) which closes the pump housing and further has a right side (“a second side”) on which the ceramic outer shell is braced as claimed (shown in fig. B above)].
In reference to claim 18, Rix teaches a magnetically-driven pump (see figs. 1-2, 21 (shown in fig. A above) OR see figs. 2, 21 and 25 (shown in fig. A1 above); fig. 1 is a pump with single can/shroud, fig. 2 is a pump with a dual walled can/shroud and fig. 25 (top image) is a pump with a can, wherein the can is viewed as dual-walled can/shroud (combination which is implied in view of disclosure on page 94); note for better understanding of the claim rejection below: fig. A above shows details missing in fig. 2 in view of fig. 1 while fig. A1 above shows pump in fig. 25 with double containment can discussed in fig. 2 or fig. 21), comprising:
a pump housing (see fig. A or fig. A1 above),
a housing cover (see fig. A above: note that housing cover is considered to be formed of components labeled A and B; ; alternatively, see fig. A1 above) which closes the pump housing (closes right side of the pump housing),
a double-walled containment can (referred as “dual walled shroud”, see page 86, left col., lines 1-9) having a metal inner shell (see page 86, left col., lines 8-9; labeled in fig. A above for convenience; alternatively, see fig. 21 on page 93) and a ceramic outer shell (see page 86, left col., lines 8-9; labeled in fig. A above for convenience; alternatively, see fig. 21 on page 93) on which a flange (see fig. A above) is formed,
wherein the metal inner shell is fixed to the housing cover and the ceramic outer shell is fixed against the housing cover (as evident from fig. A above), and
the housing cover closes the pump housing (as evident from fig. A or fig. A1 above: housing cover closes right side of the pump housing) between an open end (left end) of the double-walled containment can and the pump housing.
Rix does not teach the pump, wherein the metal inner shell is welded to the housing cover.
However, Fulton teaches a pump (see fig. 1) comprising a housing cover (19) which closes a pump housing (26) and a metallic shell/can (32; see col. 2, lines 33-34), wherein front/open end of the metallic shell (32) is welded (see col. 2, lines 29-33) to the housing cover (26).
Rix teaches the containment can, wherein the metal inner shell is coupled to the housing cover. Fulton teaches the containment can comprising the metal shell (equivalent to claimed “metal inner shell”) coupled to the housing cover by welding. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to couple the metal inner shell to the housing cover in the pump of Rix by welding as taught by Fulton for the purpose of securing the metallic shell in fluid tight relation, as recognized by Fulton (see col. 2, lines 29-31).
Rix does not teach the pump, wherein the ceramic outer shell “is braced against the housing cover by way of a clamping ring on the flange”.
However, Schneider teaches a containment can, wherein (see figs. 1, 1a and ¶36) a ceramic outer shell (wall 4) of a containment can (1) has a flange (2) and wherein the ceramic outer shell is braced against a housing cover (6) by way of a clamping ring (7=8+9+10) on the flange (2).
Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the connection of the outer ceramic shell to the housing cover in the modified pump of Rix that involves use of a clamping ring as taught by Schneider because utilizing the connection with a clamping ring as taught by Schneider provides the advantage of avoiding harmful stress transitions and stress peaks onto the containment can, as recognized by Schneider (in ¶42).
Thus, Rix, as modified by Fulton and Schneider, teaches the pump (see fig. B above), wherein the metal inner shell is welded (in circled region) to the housing cover (as per Fulton) and wherein the ceramic outer shell is braced against the housing cover by way of a clamping ring on the flange (as per Schneider).
Claims 4, 5 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Rix in view of Fulton, Schneider and further in view of Zeus et al. (DE 4411367 – herein after Zeus).
Regarding claim 4,
Rix, as modified, does not teach the magnetically-driven pump, wherein a flat seal is arranged between the flange of the ceramic outer shell and the housing cover.
However, Zeus teaches a similar magnetically-driven pump, wherein a flat seal (based on the schematic presented, the structure labelled “O-ring seal joint” in fig. E below is considered to be “a flat seal” = a seal with smooth surface) is arranged between flange of the ceramic outer shell (13) and the housing cover (1).
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Fig. E: Edited fig. of Zeus to show claim interpretation.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to provide a flat seal as taught by Zeus between Rix’s housing cover and Rix’s modified ceramic outer shell in the modified pump of Rix to enhance the sealing between the housing cover and the flange of the ceramic outer shell.
Regarding claim 5,
Rix, as modified, teaches the magnetically-driven pump, wherein the clamping ring (of Schneider) exerts a prestress on the flat seal (of Zeus) [force/stress is exerted on the flat seal when or after coupling flange to the housing cover].
Regarding claim 19,
Rix, as modified, does not teach the magnetically-driven pump, wherein the clamping ring exerts pressure on a flat seal arranged between the flange of the ceramic outer shell and the housing cover.
However, Zeus teaches a similar magnetically-driven pump, wherein a flat seal (based on the schematic presented, the structure labelled “O-ring seal joint” in fig. E above is considered to be “a flat seal” = a seal with smooth surface) is arranged between flange of the ceramic outer shell (13) and the housing cover (1).
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to provide a flat seal as taught by Zeus between Rix’s housing cover and Rix’s modified ceramic outer shell in the modified pump of Rix to enhance the sealing between the housing cover and the flange of the ceramic outer shell.
Thus, Rix, as modified, teaches the magnetically-driven pump, wherein the clamping ring (of Schneider) exerts pressure on the flat seal (of Zeus) [force/stress is exerted on the flat seal when or after coupling flange to the housing cover] arranged between the flange of the ceramic outer shell and the housing cover (see fig. B above).
Claims 10, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rix in view of Fulton, Schneider and further in view of Abordi et al. (EP 3306099 – herein after Abordi).
Regarding claim 10,
Rix teaches the magnetically-driven pump, wherein the housing cover is fastened to the pump housing (see fig. A1 above: fastened location is labeled “F”).
Rix does not teach the magnetically-driven pump, wherein a flat seal is arranged between the housing cover and the pump housing, wherein a fastening of the housing cover to the pump housing exerts a prestress on the flat seal.
However, Abordi teaches a similar magnetically-driven pump, wherein (see fig. F below) a flat seal (O-ring joint labelled “seal”; based on the schematic, structure labelled “seal” in fig. F below is a flat seal = a seal with smooth surface) is arranged between the housing cover and the pump housing, wherein a fastening (connection labelled “F”) of the housing cover to the pump housing exerts a prestress on the flat seal (force/stress exerted on the asserted seal when or after coupling/fastening the housing cover to the pump housing).
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Fig. F: Edited fig. 1 of Abordi to show claim interpretation.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to provide a flat seal as taught by Abordi between Rix’s housing cover and Rix’s pump housing in the modified pump of Rix to prevent any fluid leakage to the outside of the pump from a region between the housing cover and the pump housing.
Regarding claim 16,
Rix, as modified, teaches the containment can (see fig. B above), wherein the clamping ring is coupled to the housing cover and the housing cover is coupled to the pump housing (see fig. A1 above).
Rix, as modified, does not teach the containment can, wherein the clamping ring exerts pressure on “a second seal” arranged between the housing cover and the pump housing.
However, Abordi teaches a similar magnetically-driven pump, wherein (see fig. F above) a second seal (O-ring joint labelled “seal”) is arranged between the housing cover and the pump housing.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to provide a seal (“a second seal”) as taught by Abordi between Rix’s housing cover and Rix’s pump housing in the modified containment can of Rix to prevent any fluid leakage to the outside of the pump from a region between the housing cover and the pump housing.
Thus, Rix, as modified, teaches the containment can, wherein the clamping ring (provided using the teaching of Schneider) exerts pressure (indirectly) on a second seal (provided using the teaching of Abordi) arranged between the housing cover (of Rix) and the pump housing (of Rix).
Regarding claim 20,
Rix, as modified, teaches the containment can (see fig. B above), wherein the clamping ring is coupled to the housing cover and the housing cover is coupled to the pump housing (see fig. A1 above).
Rix, as modified, does not teach the containment can, wherein the clamping ring exerts pressure on “another seal” arranged between the housing cover and the pump housing.
However, Abordi teaches a similar magnetically-driven pump, wherein (see fig. F above) another seal (O-ring joint labelled “seal”) is arranged between the housing cover and the pump housing.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to provide a seal (“another seal”) as taught by Abordi between Rix’s housing cover and Rix’s pump housing in the modified containment can of Rix to prevent any fluid leakage to the outside of the pump from a region between the housing cover and the pump housing.
Thus, Rix, as modified, teaches the containment can, wherein the clamping ring (provided using the teaching of Schneider) exerts pressure (indirectly) on a second seal (provided using the teaching of Abordi) arranged between the housing cover (of Rix) and the pump housing (of Rix).
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Rix in view of Fulton, Schneider and further in view of Wittschier, Heinrich (US 2011/0234035 – herein after Wittschier).
In reference to claim 13, Rix, as modified, does not teach the containment can (see fig. B above), further comprising a first seal arranged between the flange and the housing cover, the housing cover positioned between the weld seam and the first seal.
However, Wittschier teaches a containment can (see fig. 2: split case 6’ with flange 7), further comprising a first seal (O-ring 14, see fig. 2 and ¶30) arranged between the flange (7) and the housing cover (12).
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to provide a first seal as taught by Wittschier between Rix’s housing cover and Rix’s modified ceramic outer shell in the modified containment can of Rix to enhance the sealing between the housing cover and the flange of the ceramic outer shell.
Thus, Rix, as modified, teaches the containment can, wherein (in view of fig. B above) the housing cover positioned between the weld seam and the first seal (provided using the teaching of Wittschier).
In reference to claim 14, Rix, as modified, teaches the containment can, wherein the clamping ring (provided using the teaching of Schneider) exerts pressure on the first seal (provided using the teaching of Wittschier) to seal off a gap formed between the metal inner shell and the ceramic outer shell (Wittschier’s seal in the modified containment can seals of the gap in radial direction).
Response to Arguments
Applicant’s arguments filed 05/26/2026 have been fully considered but they are moot. The amendment to independent claims 1 and 11 changed the scope of the claim. As a result, new grounds of rejection are made for these claims in view of re-evaluation and re-application of previously cited references and newly found reference of Fulton. In specific, Rix has been re-evaluated and re-applied in light of new interpretation for limitations of “a pump housing” and “a housing cover”.
Conclusion
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/CHIRAG JARIWALA/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746
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