Application/Control Number: 18/100,692 Page 2
Art Unit: 3783DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the combined second drainage channel and partition wall having an inclined surface must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4, 8-13, and 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to the independent claims, each claim now recites both a second drainage channel and a partition wall having similar structure. In particular, the “second drainage channel” is “connected with the inlet channel” on one end and on the other end with “the outlet channel”, while the “opposite surface” of the partition wall is “a laterally inclined slope” arranged such that liquid “flows from the inlet channel to the outlet channel”. These two features, the “second drainage channel” and the “laterally inclined slope” appear to refer to the same structure within the drawings, i.e. the second drainage channel 212, rather than to separate structures. The examiner finds no disclosure of such a combination of structures, and it is therefore unclear whether the second drainage channel and the partition wall refer to the same structure or to separate structures. The examiner will interpret the claims as including either or both of the second drainage channel and the partition wall.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4, 8-13, and 15-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect to the independent claims, each claim now recites both a second drainage channel and a partition wall having similar structure. In particular, the “second drainage channel” is “connected with the inlet channel” on one end and on the other end with “the outlet channel”, while the “opposite surface” of the partition wall is “a laterally inclined slope” arranged such that liquid “flows from the inlet channel to the outlet channel”. These two features, the “second drainage channel” and the “laterally inclined slope” appear to refer to the same structure within the drawings, i.e. the second drainage channel 212, rather than to separate structures. Furthermore, applicant’s claimed “partition wall” is not a term used in the specification, which complicates any attempt to determine its scope. While those of skill in the art may contemplate a drainage channel indented into an inclined surface as a possible structure, the applicant has not disclosed such a structure in the drawings or the specification. The examiner therefore finds no disclosure of such a combination of structures and continues to hold that the claims include new matter.
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.
Claim(s) 1-3, 5-12, 13 and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pre-Grant Publication 2021/0239107 to Zha (Zha hereinafter) in view of US Pre-Grant Publication 2004/0064110 to Forsell (Forsell) and U.S. Patent 3,955,901 to Hamilton (Hamilton).
Regarding claim 1, Zha teaches a pump body structure (Fig. 2) including a housing (1, 8, 11, 12), an inlet valve member (13), an outlet valve member (14) and an elastic diaphragm (9), an inlet (left side of 13) of the inlet valve and a valve sheet (flange at right side and/or any valve member), an inlet of the outlet valve (left side of 14) and a valve sheet (flange at right side and/or any valve member), a water flow cavity (within 11 and 12), and inlet channel (to the left of 13) and an outlet channel (to the right of 14), a transmission assembly (4, 5, 6, 7) and a driving assembly (2, 3), the driving and transmission assemblies operative to drive the pump to pump water. The examiner holds that the water flossing limitations are an intended use limitation which does not constructively limit the claimed invention. Zha further teaches a gear transmission mechanism (gear 5, eccentric gear 6) and a connecting rod (7) and connector (10), as well as a motor (2), an upper pump body (11) and a lower pump body (8) with the diaphragm hermetically connected between, and a drainage channel (center of 11) which may be considered to be divided arbitrarily into first and second drainage channels along any convenient boundary, such as a plane passing through the centerline of the cylindrical passage such that the drainage channels are at least indirectly or fluidly connected to the inlet, diaphragm, and outlet. Zha does not teach a combined partition wall, first drainage channel, and second drainage channel. Hamilton teaches another diaphragm pump generally, and particularly teaches that a membrane (4) is reciprocated relative to a pump head (2) to cause fluid to flow from an inlet (37) to an outlet (38) where the housing has a partition wall (see below) with a first drainage channel (see below) and a second drainage channel (see below) formed therein. The second drainage channel, as it is a surface of the partition wall, may be arbitrarily divided into a second drainage channel and a laterally inclined slope of the partition wall as claimed. Hamilton teaches that this head structure is advantageously compact and simple to manufacture (col. 1, ln. 54-64). One of ordinary skill in the art would have found it obvious before the effective filing date of the application to substitute the pump head of Hamilton for the upper pump body (8, 11) of Zha in order to simplify construction and reduce costs. In the combination, then, everything from the suction cover (11) and up in the pump of Zha would be replaced with the valve block (2, 7) of Hamilton.
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Zha does not teach the claimed dimensions and relative hardnesses. Forsell teaches another diaphragm for fluid applications, including first (20, 24) and second (22) layers in which the length and thickness of the first layer are greater than those of the second layer (see Fig. 2) and in which the hardness of the first layer is greater than that of the second (see paragraph 22). Forsell teaches that this provides increased strength and sealability of the diaphragm (paragraph 22). One of ordinary skill in the art would have found it obvious before the effective filing date of the application to use a diaphragm as taught by Forsell in the pump of Zha in order to obtain improved strength and sealing function.
Regarding claim 2, Zha teaches chamfers at the interface with the diaphragm.
Regarding claim 4, as best understood by the examiner, the recited materials are optional.
Regarding claim 8, Zha teaches pumping of water via the reciprocation of the diaphragm (9).
Regarding claim 9, as best understood by the examiner, Zha teaches a maximum intake containment volume of the water flow cavity (for instance, the total working chamber volume defined by 11, 12, 13 and 14).
Regarding claim 10, Zha teaches that both valves and sheets are one-way to establish one directional flow through the pump (see e.g. paragraph 21).
Regarding claim 11, Zha teaches a motor and sealing rings (i.e. flanges of the valves 13 and 14 as illustrated in Fig. 2) of the valve members.
Regarding claims 12 and 16, Zha teaches the limitations of the parent claims as discussed above, but does not teach a limiting groove. Hamilton teaches a groove (30), the lip of which limits the opening degree of a valve (32). Hamilton teaches that this valve assembly is advantageously simple to assembly (col. 7, ln. 1-3). One of ordinary skill in the art would have found it obvious before the effective filing date of the application to use a flap valve with a limiting groove as taught by Hamilton in the pump of Zha in order to simplify assembly thereof.
Regarding claim 13, Zha teaches a pump body structure (Fig. 2) including a pump body (1, 8, 11), an elastic diaphragm (9) with a peripheral edge connection portion (axially protruding portions of diaphragm 9 illustrated in Fig. 2), and a central deformation portion, wherein the peripheral edge is annular and is clamped into recesses in the upper and lower end faces of the pump body, an inlet (left side of 13) of the inlet valve and a valve sheet (flange at right side and/or any valve member), an inlet of the outlet valve (left side of 14) and a valve sheet (flange at right side and/or any valve member), a water flow cavity (within 11 and 12), and an inlet channel (to the left of 13) and an outlet channel (to the right of 14). Zha teaches an upper pump body (11) and a lower pump body (8) with the diaphragm hermetically connected between, chamfers at the interface with the diaphragm, and a drainage channel (center of 11) which may be considered to be divided arbitrarily into first and second drainage channels along any convenient boundary, such as a plane passing through the centerline of the cylindrical passage. The examiner holds that the water flossing limitations are an intended use limitation which does not constructively limit the claimed invention. Zha further teaches a gear transmission mechanism (gear 5, eccentric gear 6) and a connecting rod (7) and connector (10), as well as a motor (2), an upper pump body (11) and a lower pump body (8) with the diaphragm hermetically connected between, and a drainage channel (center of 11) which may be considered to be divided arbitrarily into first and second drainage channels along any convenient boundary, such as a plane passing through the centerline of the cylindrical passage such that the drainage channels are at least indirectly or fluidly connected to the inlet, diaphragm, and outlet.
Zha does not teach a combined partition wall, first drainage channel, and second drainage channel. Hamilton teaches another diaphragm pump generally, and particularly teaches that a membrane (4) is reciprocated relative to a pump head (2) to cause fluid to flow from an inlet (37) to an outlet (38) where the housing has a partition wall (see above) physically between and partitioning the ports and extending along a length direction (either horizontal or vertical), with a first drainage channel (see above) and a second drainage channel (see above) formed therein and with an inlet side of the slope being closer to the elastic diaphragm than the valve members. The second drainage channel, as it is a surface of the partition wall, may be arbitrarily divided into a second drainage channel and a laterally inclined slope of the partition wall as claimed. Hamilton teaches that this head structure is advantageously compact and simple to manufacture (col. 1, ln. 54-64). One of ordinary skill in the art would have found it obvious before the effective filing date of the application to substitute the pump head of Hamilton for the upper pump body (8, 11) of Zha in order to simplify construction and reduce costs. In the combination, then, everything from the suction cover (11) and up in the pump of Zha would be replaced with the valve block (2, 7) of Hamilton.
Zha does not teach the claimed dimensions and relative hardnesses. Forsell teaches another diaphragm for fluid applications, including first (20, 24) and second (22) layers in which the length and thickness of the first layer are greater than those of the second layer (see Fig. 2) and in which the hardness of the first layer is greater than that of the second (see paragraph 22). Forsell teaches that this provides increased strength and sealability of the diaphragm (paragraph 22). One of ordinary skill in the art would have found it obvious before the effective filing date of the application to use a diaphragm as taught by Forsell in the pump of Zha in order to obtain improved strength and sealing function.
Regarding claim 15, Zha teaches an inlet valve member (13), an outlet valve member (14) and an elastic diaphragm (9), an inlet (left side of 13) of the inlet valve and a valve sheet (valve member not separately illustrated), an inlet of the outlet valve (left side of 14) and a valve sheet (valve member), and a sealing ring (flanges at the right side of the valve members 13, 14).
Regarding claim 17, Zha teaches a transmission assembly (4, 5, 6, 7) and a driving assembly (2, 3), the driving and transmission assemblies operative to drive the pump to pump water.
Regarding claim 18, Zha teaches pumping of water via the reciprocation of the diaphragm (9).
Regarding claim 19, Zha teaches pumping of water via the reciprocation of the diaphragm (9) which is integrally formed of an elastic material (see paragraph 21, “elastic diaphragm 9”).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zha in view of Forsell and Hamilton and US Pre-Grant Publication 2015/0147717 to Taylor et al. (Taylor).
Regarding claim 20, Zha as modified in view of Hamilton and Forsell teaches the limitations of claim 1 as discussed above, but does not explicitly teach a water flosser. Taylor teaches a water flosser (100) which relies on a water pump (see paragraph 3). Taylor teaches that such an apparatus allows a user to clean their teeth (paragraph 4). One of ordinary skill in the art would have found it obvious before the effective filing date of the application to use a water flosser as taught by Taylor with the pump of Zha in order to allow a user to clean their teeth.
Response to Arguments
Applicant’s arguments, see page 8, filed 26 August 2025, have been fully considered and are not persuasive.
With respect to the drainage channels and/or the partition wall, as best as the examiner can determine, these limitations are taught by Hamilton. The examiner particularly notes that the valves of Hamilton extend in both the vertical and the horizontal directions, as does the partition wall, and therefore the orientation limitations of the partition wall are met.
In addition, the examiner notes that as discussed above under 112(a), the distinction between “second drainage channel” and the “laterally inclined slope” of the partition wall is not made clear by the applicant and as such possession thereof has not been established. This drafting is therefore considered to include new matter and is also considered to be indefinite.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pre-Grant Publication 2012/0085949 teaches a similar inclined partition wall (228, see Figs 3A and 3B) between inlet (211a) and outlet (212a) valves and associated channels.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP E STIMPERT whose telephone number is (571)270-1890. The examiner can normally be reached Monday-Friday, 8a-4p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached on 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP E STIMPERT/Primary Examiner, Art Unit 3746 24 February 2026