DETAILED ACTION
This Office Action is in response to the filing of the application on 2/28/2023. Since the initial filing, no claims have been amended, added, or cancelled. Thus, claims 1-20 are pending in the application.
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 .
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.
Claims 1-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al. (US Pub. 2008/0008979) in view of Martin (US Pat. 4,864,918).
Regarding claim 1, Thomas discloses an oral irrigator comprising (see abstract): a body (housing 15 in Fig. 1); a reservoir connected to the body (reservoir 45 in Fig. 1); a tip connected to the body (nozzle 20 in Fig. 1); a motor positioned within the body (motor 70 in Fig. 9) and including a drive shaft (see Fig. 13 where the bottom of motor 70 has a drive shaft leading to pinion gear 150); a pinion gear connected to the drive shaft (see Fig. 13 pinion gear 150); a driven gear engaged with the pinion gear (see Fig. 13 gear 155); a pump body positioned within the body (see Fig. 13 pump 75 showing a body of the pump system) and defining a pump chamber for receiving fluid from the reservoir (see [0065] where the reservoir is in fluid communication with the pump 75, such that there is a pump chamber at least at cylinder 115 in Fig. 12); a piston positioned within the pump body (see Fig. 12 piston 120), wherein the piston slidably engages an interior surface of the pump body to form a fluid-tight seal (see Fig. 12 and [0065] where the piston is understood to slide against an interior wall that surrounds it, forming a fluid-tight seal for forcing fluid up and out of cylinder 115); and a connecting rod (see Figs. 9 and 12 piston rod 165) including a first end connected to the piston (see Fig. 12 where a top end of piston rod 165, which has a ball, is connected to piston 120), a second end eccentrically connected to the driven gear (see Figs. 9 and 13 as well as [0067] where a bottom end of piston rod 165 is cam follower end 170, which receives cam 160 of the gear 155, which undergoes eccentric motion as shown by the offset positions of cam 160 and cam follower 170 in Fig. 13), and a shaft extending from the first end to the second end (see Figs. 9 and 12 where the piston rod 165 has a shaft length between the top ball and the bottom cam follower end).
Thomas lacks a detailed description of wherein the shaft includes a first rib and a second rib spaced apart from the first rib along a length of the shaft.
However, Martin teaches a diaphragm pump system for pumping fluids, using a reciprocally moving shaft (see Fig. 2 shaft 32) that includes a first rib and a second rib spaced apart from the first rib along a length of the shaft (see Fig. 2 where piston plates 28/30 are ribs which are attached to the shaft 32 which accompany a diaphragm 10; see also Col. 3 lines 24-29).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connecting rod pump system of Thomas to have piston plates and an accompanying diaphragm so as to form a diaphragm pump as taught by Martin, as it would be a simple substitution of one type of fluid pumping means for another, to yield the predictable result of pumping fluid due to reciprocation of the shaft and piston.
Regarding claim 2, the modified Thomas device has wherein the first rib and the second rib extend around an outer perimeter of the shaft (Martin; see Fig. 2 where each piston plate 28/30 circumferentially extends about the shaft 32, and thus around the modified shaft of Thomas).
Regarding claim 3, the modified Thomas device has wherein the first rib and the second rib are annular shaped (Martin; see Fig. 2 where each piston plate 28/30 circumferentially extends about the shaft 32 such that they form an annular shape centered about the shaft 32).
Regarding claim 4, the modified Thomas device has wherein the first rib and the second rib are positioned in a middle portion of the connecting rod (Martin; see Fig. 2 where the piston plates 28/30 are along the length of shaft 32, below a top end at fastening member 31 and above a bottom end of the shaft, such that it exists in a “middle portion”).
Regarding claim 5, the modified Thomas device has wherein the shaft has a non-circular cross-sectional shape (Thomas; see Figs. 9 and 12 where the piston rod 165 has a changing cross sectional area and thus not always circular. Further, it is noted that the piston rod of Thomas appears identical to the connecting rod and shaft of the claimed invention, and the specification lacks any particular disclosure distinctly pointing to the non-circular cross-sectional shape of the shaft. Hence, it would appear that the claimed invention and modified Thomas device have the same shape of shape, and thus the modified Thomas device’s shaft is equally as non-circular in the cross-section as the claimed invention), and wherein the first rib and the second rib follow an outer surface of the shaft and extend radially outward (Martin; see Fig. 2 where piston plates 28/30 are around shaft 32 such that they follow its outer surface which they attach to, and they extend radially outward therefrom).
Regarding claim 6, the modified Thomas device has wherein the first rib and the second rib each include a cylindrical outer surface (Martin; see Fig. 2 where plates 28/30 are circular plate members such that they are flat cylinders, having a cylindrical outer surface).
Regarding claim 7, the modified Thomas device has wherein the first end of the connecting rod comprises a ball (Thomas; see Fig. 12 where the top of piston rod 165 is a ball).
Regarding claim 8, the modified Thomas device has wherein the second end of the connecting rod comprises a cylindrical wall defining a gear aperture (Thomas; see Fig. 13 where the bottom end of piston rod 165 is cam follower end 170, which is an aperture that receives the cam 160 of gear 155; see also [0067]).
Regarding claim 9, the modified Thomas device has wherein the piston includes an outwardly extending wall that forms a seal against the interior surface of the pump body (Thomas; see Fig. 12 where the upper part of piston 120 has an outer wall, located radially outward from the shown grooves, that extends outward to seal against the wall on the outer edges of cylinder 115 in order to form a seal to push fluid through the pump).
Regarding claim 10, the modified Thomas device has wherein the piston includes a sealed top end forming a pedestal with an annular groove defined on the top end (Thomas; see Fig. 12 where the top of piston 120 is a top end sealed within the chamber of cylinder 115, with the center portion being the pedestal and an annular groove formed about the central pedestal as shown. This is noted to be almost identical to the applicant’s claimed invention, as best seen in Fig. 8B).
Regarding claim 11, Thomas discloses all of the claimed limitations in the same manner as in the above rejection of claim 1, and further discloses the motor having a rotatable drive shaft (see Fig. 13 where the outlet shaft at the bottom of motor 70 which drives pinion gear 150 must be a rotatable drive shaft, in order to rotate the pinion gear to operate the pump).
Thomas lacks a detailed description of wherein the shaft includes a first rib and a second rib spaced apart from the first rib along a length of the shaft.
However, Martin teaches a diaphragm pump system for pumping fluids, using a reciprocally moving shaft (see Fig. 2 shaft 32) that includes a first rib and a second rib spaced apart from the first rib along a length of the shaft (see Fig. 2 where piston plates 28/30 are ribs which are attached to the shaft 32 which accompany a diaphragm 10; see also Col. 3 lines 24-29).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connecting rod pump system of Thomas to have piston plates and an accompanying diaphragm so as to form a diaphragm pump as taught by Martin, as it would be a simple substitution of one type of fluid pumping means for another, to yield the predictable result of pumping fluid due to reciprocation of the shaft and piston.
Regarding claim 12, the modified Thomas device has wherein the first rib and the second rib extend around an outer perimeter of the shaft (Martin; see Fig. 2 where each piston plate 28/30 circumferentially extends about the shaft 32, and thus around the modified shaft of Thomas).
Regarding claim 13, the modified Thomas device has wherein the first rib and the second rib are annular shaped (Martin; see Fig. 2 where each piston plate 28/30 circumferentially extends about the shaft 32 such that they form an annular shape centered about the shaft 32).
Regarding claim 14, the modified Thomas device has wherein the first rib and the second rib are positioned in a middle portion of the connecting rod (Martin; see Fig. 2 where the piston plates 28/30 are along the length of shaft 32, below a top end at fastening member 31 and above a bottom end of the shaft, such that it exists in a “middle portion”).
Regarding claim 15, the modified Thomas device has wherein the shaft has a non-circular cross-sectional shape (Thomas; see Figs. 9 and 12 where the piston rod 165 has a changing cross sectional area and thus not always circular. Further, it is noted that the piston rod of Thomas appears identical to the connecting rod and shaft of the claimed invention, and the specification lacks any particular disclosure distinctly pointing to the non-circular cross-sectional shape of the shaft. Hence, it would appear that the claimed invention and modified Thomas device have the same shape of shape, and thus the modified Thomas device’s shaft is equally as non-circular in the cross-section as the claimed invention), and wherein the first rib and the second rib follow an outer surface of the shaft and extend radially outward (Martin; see Fig. 2 where piston plates 28/30 are around shaft 32 such that they follow its outer surface which they attach to, and they extend radially outward therefrom).
Regarding claim 16, the modified Thomas device has wherein the first rib and the second rib each include a cylindrical outer surface (Martin; see Fig. 2 where plates 28/30 are circular plate members such that they are flat cylinders, having a cylindrical outer surface).
Regarding claim 18, the modified Thomas device has wherein the first end of the connecting rod comprises a ball (Thomas; see Fig. 12 where the top of piston rod 165 is a ball).
Regarding claim 19, the modified Thomas device has wherein the second end of the connecting rod comprises a cylindrical wall defining a gear aperture (Thomas; see Fig. 13 where the bottom end of piston rod 165 is cam follower end 170, which is an aperture that receives the cam 160 of gear 155; see also [0067]).
Regarding claim 20, the modified Thomas device has wherein the piston includes an outwardly extending wall that forms a seal against the interior surface of the pump body (Thomas; see Fig. 12 where the upper part of piston 120 has an outer wall, located radially outward from the shown grooves, that extends outward to seal against the wall on the outer edges of cylinder 115 in order to form a seal to push fluid through the pump).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas in view of Martin as applied to claim 11 above, and further in view of Becker (US Pat. 5,554,014).
Regarding claim 17, the modified Thomas device has wherein the shaft has the first rib and the second rib.
The modified Thomas device lacks a detailed description of wherein the shaft further includes a raised portion extending radially outward from an outer surface of the shaft to a lesser extent than the first rib and the second rib, wherein the raised portion extends from the first rib to the second rib along the length of the shaft.
However, Becker teaches a diaphragm valve for pumping fluids, where the shaft (see Fig. 1 the central rod that follows along axis M, having an upper region 25) further includes a raised portion extending radially outward from an outer surface of the shaft to a lesser extent than the first rib and the second rib (see Fig. 1 where first and second ribs are retaining bead 36 and connecting-rod head 18, which have a section between them that extends radially further out from the central shaft member, but less than the ribs), wherein the raised portion extends from the first rib to the second rib along the length of the shaft (see Fig. 1 where the raised portion is between bead 36 and head 18).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ribs and shaft of the modified Thomas device to have a raised portion between them as taught by Becker, as it would be a simple substitution of one shape of rib members and shaft for another, to yield the predictable result of providing a gap between the ribs for the connection of the diaphragm to the shaft. Examiner further notes that this limitation appears to lack criticality, as there is no disclosure in the specification to support it or its supposed advantages, instead relying solely on what little can be gleaned from the figures (such as Fig. 8B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Nathan (US Pat. 9,494,144) is cited to show a piston pump fluid ejection device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D ZIEGLER whose telephone number is (571)272-3349. The examiner can normally be reached Mon-Fri 10:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571)272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785