DETAILED 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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/23/2026 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 8-9, 13-15, 20 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Simmons et al. (herein Simmons) (US 2003/0024571).Regarding Claim 1:In Figures 1-6, Simmons discloses a pump (10) comprising: an inlet (16); an outlet (20); at least one pumping chamber (18) arranged between the inlet and the outlet (as seen in Figure 1), the at least one pumping chamber (18) defined by a pumping chamber housing (depicted as PCH in annotated Figure A below) and a diaphragm (D, see Figure A), the pumping chamber (18) further comprising a pumping chamber inlet (PCI, see Figure A) and a pumping chamber outlet (PCO, see Figure A); an inlet elbow (IE, see Figure A) comprising a fluid passageway (FP depicted by dashed flow direction arrows in Figure A) to direct fluid flow from a horizontal direction to a vertical direction (as see in Figure A), the inlet elbow (IE) being arranged upstream of an inlet check valve (12) of the pumping chamber (see Figure A), wherein the fluid passageway (FP) comprises: an elbow inlet passageway (EIP, see Figure A) extending along the horizontal direction and defined by an inlet aperture (IA, see Figure A); and an elbow outlet passageway (EOP, see Figure A) extending along the vertical direction and defined by an outlet aperture (OA, see Figure A), the elbow outlet passageway (EOP) being in fluid communication with and arranged between the elbow inlet passageway (EIP) and the pumping chamber inlet (as seen in Figure A), wherein the inlet aperture (IA) has a radius of Ri (see Figure A) and the outlet aperture (OA) has a radius Ro (see Figure A), wherein Ro is greater than Ri (as clearly seen in Figure A, Ro > Ri), and wherein the change in Ro and Ri is configured to decrease the velocity of the fluid moving through the inlet elbow (known function of expanding passageways); and a ball check valve (14, see Figure 1 and annotated as BCV in Figure A) arranged between the pumping chamber outlet and the outlet (as seen in Figure A), wherein the ball check valve (14) comprises: a sealing ring (denoted as 22 in Figure 2); and a ball (24) arranged over the sealing ring (as seen in Figure 2), wherein the ball (24) is configured to move between a seated position (shown in Figure 2) to prevent fluid flow through the sealing ring (22) and an unseated position (unseated position shown in Figure A) to allow fluid flow through the sealing ring and between the pumping chamber outlet and the outlet (see paragraph [0021]).
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Regarding Claim 2:In Figures 1-6, Simmons discloses the pump (10), wherein the ball check valve (BCV) further comprises a valve inlet portion (VIP, see Figure A above) comprising a longitudinal axis (LA, see Figure A above) extending in a first direction (as seen in Figure A); a valve outlet portion (VOP, see Figure A) extends extending in a second direction perpendicular to the first direction (as seen in Figure A), wherein the ball check valve (BCV) is arranged between the valve inlet portion and the valve outlet portion (as seen in Figure A).Regarding Claim 3:In Figures 1-6, Simmons discloses the pump (10), wherein a central axis (depicted as a dashed line CA in Figure A) of the ball extends through a center of the ball and in the first direction (as seen in Figure A); wherein when the ball is in the unseated position, fluid is configured to flow toward the outlet after passing through the ball check valve, and wherein the central axis (CA) of the ball is between the longitudinal axis and the outlet (20) when the ball is in the unseated position (as seen in Figure A, the central axis CA is broadly between the longitudinal axis and the outlet 20. It is also noted that the longitudinal axis is an imaginary line and so can be drawn through any portion of the valve inlet portion VIP such that it is not coaxial with CA. This offset between LA and CA reads over the claimed limitations).Regarding Claim 8:In Figures 1-6, Simmons discloses the pump (10), wherein the inlet elbow (IE) further comprises an elbow inlet cavity (cavity formed at the transition between IA and OA depicted as EIC, see Figure A), the elbow inlet cavity is configured to increase the cross-sectional area of the fluid passageway of the inlet elbow (the cross-sectional area in a radial direction at this transition is a bit larger than the cross-sectional area of IA or OA immediately at the transition between IA and OA).Regarding Claim 9:In Figures 1-6, Simmons discloses the pump (10), wherein the inlet elbow (IE) further comprises an elbow inlet cavity (cavity formed at the transition between IA and OA depicted as EIC, see Figure A), the elbow inlet cavity extends below the elbow inlet passageway such that a bottommost portion (BP1, see Figure A) of the elbow inlet cavity is below a bottommost surface (BP2, see Figure A) of the elbow inlet passageway (as seen in Figure A, BP1 is below BP2).Regarding Claim 13:In Figures 1-6, Simmons discloses a pump (10) comprising: an inlet (16); an outlet (20); at least one pumping chamber (18) defined by a pumping chamber housing (PCH, see Figure A) and a diaphragm (D, see Figure A), the pumping chamber (18) further comprising a pumping chamber inlet (PCI, see Figure A) and a pumping chamber outlet (PCO, see Figure A); and at least one inlet elbow (IE, see Figure A) configured to direct fluid flow from a horizontal direction to a vertical direction (as seen in Figure A), the inlet elbow (IE) comprising a fluid passageway (FP, see Figure A), wherein the fluid passageway comprises: an elbow inlet passageway (EIP, see Figure A) extending along the horizontal direction defined by an inlet aperture (IA, see Figure A) in fluid communication with the inlet (as seen in Figure A); and an elbow outlet passageway (EOP, see Figure A) defined by an outlet aperture (OA, see Figure A) in fluid communication with the pumping chamber inlet (via valve 12), wherein the inlet elbow (IE) is arranged between the inlet (16) and the pumping chamber inlet (PCI, as seen in Figure A), wherein the inlet elbow further comprises an elbow inlet cavity (cavity formed at the transition between IA and OA depicted as EIC, see Figure A), the elbow inlet cavity (EIC) extending below the elbow inlet passageway such that a bottommost portion of the elbow inlet cavity (BP1, see Figure A) is below a bottommost surface (BP2, see Figure A) of the elbow inlet passageway (as seen in Figure A, BP1 is below BP2).Regarding Claim 14:In Figures 1-6, Simmons discloses the pump (10), wherein the elbow inlet cavity (cavity formed at the transition between IA and OA depicted as EIC, see Figure A) is configured to increase the cross-sectional area of the fluid passageway of the inlet elbow (the cross-sectional area in a radial direction at this transition is a bit larger than the cross-sectional area of IA or OA immediately at the transition between IA and OA).
Regarding Claim 15:In Figures 1-6, Simmons discloses the pump (10), wherein the inlet aperture (IA, see Figure A) has a radius of Ri (see Figure A) and the outlet aperture has a radius Ro , (see Figure A), wherein Ro is greater than Ri (as seen in Figure A), and wherein the change in R₀ and Ri is configured to decrease the velocity of the fluid moving through the inlet elbow (known function of expanding passageways).Regarding Claim 20:In Figures 1-6, Simmons discloses a pump (10) comprising: an inlet (16); an outlet (20); at least one pumping chamber (18) defined by a pumping chamber housing (PCH, see Figure A) and a diaphragm (D, see Figure A), the pumping chamber (18) further comprising a pumping chamber inlet (PCI, see Figure A) and a pumping chamber outlet (PCO, see Figure A); a valve inlet portion (VIP, see Figure A) comprising a longitudinal axis (LA, see Figure A) extending in a first direction (vertical direction); a valve outlet portion (VOP, see Figure A) coupled to the valve inlet portion; a ball check valve (14, depicted as BCV in Figure A) arranged between the valve inlet portion and the valve outlet portion (see Figure A), wherein the ball check valve (BCV) comprises: a sealing ring (depicted as 22 in Figure 2) arranged over the valve inlet portion (see Figure A), wherein the sealing ring (22) has an inner diameter smaller than an inner diameter of the valve inlet portion (as seen in Figure A); and a ball (24) arranged over the sealing ring (see Figure 2), wherein a diameter of the ball is greater than the inner diameter of the sealing ring (as seen in Figure 2); and wherein the ball (22) is configured to move between a seated position (shown in Figure 2) to prevent fluid flow between the valve inlet and valve outlet portions and an unseated position to allow fluid flow between the valve inlet and valve outlet portions (as shown in seated position in Figure 2), wherein a central axis (CA, see Figure A) of the ball extends through a center of the ball and in the first direction, wherein the central axis is coincident with the longitudinal axis when the ball is in the seated position (CA is shown offset from LA in Figure A but they can be drawn coincident since they are imaginary lines), and wherein the central axis (CA) is offset from the longitudinal axis when the ball is in the unseated position (as fluid flows around the ball in the unseated position, the ball may be radially offset by some distance at least temporarily wherein CA is offset from LA. This slight offset towards the right can also be seen in Figure 1); and at least one inlet elbow (IE, see Figure A) arranged upstream of an inlet check valve (12) of the pumping chamber (see Figure A), the inlet elbow (IE) comprising a fluid passageway (FP) configured to direct fluid flow from an overall horizontal direction to an overall vertical direction (depicted by dotted flow direction arrows in Figure A), wherein the fluid passageway (FP) comprises: an elbow inlet passageway (EIP, see Figure A) extending along the horizontal direction and defined by an inlet aperture (IA, see Figure A) in fluid communication with the inlet (16) and an elbow outlet passageway (EOP, see Figure A) extending along the vertical direction and defined by an outlet aperture (OA, see Figure A) proximate the pumping chamber inlet (PCI) and in fluid communication with pumping chamber inlet (as seen in Figure 2), wherein the inlet aperture (IA) has a radius of Ri (see Figure A) and the outlet aperture has a radius Ro (see Figure A), and wherein R₀ is greater than Ri (as clearly seen in Figure A Ro is greater than Ri), and wherein the change in Ro and Ri is configured to decrease the velocity of the fluid moving through the inlet elbow ((known function of expanding passageways).Regarding Claim 21:In Figures 1-6, Simmons discloses the pump (10), wherein a central axis (CA, see Figure A) of the ball is coincident with the longitudinal axis when the ball is in the seated position (capable of being coincident when the two are aligned since LA and CA are imaginary lines), and wherein the central axis of the ball is offset from the longitudinal axis when the ball is in the unseated position (as fluid flows around the ball in the unseated position, the ball may be radially offset by some distance at least temporarily wherein CA is offset from LA. This slight offset towards the right can also be seen in Figure 1).
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) 4-6 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simmons et al. (herein Simmons) (US 2003/0024571) in view of Ferguson (US 4,674,529).
Regarding Claims 4 and 19:In Figures 1-6, Simmons discloses the pump (10), further comprising: a valve inlet portion (VIP, see Figure A) comprising a longitudinal axis (LA, see Figure A) extending in a first direction (vertical direction); a valve outlet portion (VOP, see Figure A) coupled to the valve inlet portion; a ball check valve (14, depicted as BCV in Figure A) arranged between the valve inlet portion and the valve outlet portion (see Figure A), wherein the ball check valve (BCV) comprises: a sealing ring (depicted as 22 in Figure 2) arranged over the valve inlet portion (see Figure A), wherein the sealing ring (22) has an inner diameter smaller than an inner diameter of the valve inlet portion (as seen in Figure A); and a ball (24) arranged over the sealing ring (see Figure 2), wherein a diameter of the ball is greater than the inner diameter of the sealing ring (as seen in Figure 2); and wherein the ball (22) is configured to move between a seated position (shown in Figure 2) to prevent fluid flow between the valve inlet and valve outlet portions and an unseated position to allow fluid flow between the valve inlet and valve outlet portions (as shown in seated position in Figure 2), wherein a central axis (CA, see Figure A) of the ball extends through a center of the ball and in the first direction, wherein the central axis is coincident with the longitudinal axis when the ball is in the seated position (CA is shown offset from LA in Figure A but they can be drawn coincident since they are imaginary lines), and wherein the central axis (CA) is offset from the longitudinal axis when the ball is in the unseated position (as fluid flows around the ball in the unseated position, the ball may be radially offset by some distance at least temporarily wherein CA is offset from LA. This slight offset towards the right can also be seen in Figure 1).
Simmons fails to disclose guidance finger structures (per claims 4 and 19). However, in Figures 1-4, Ferguson discloses a similar ball check valve, comprising a plurality of guidance finger structures (24 with fingers/ribs 48, 26 with fingers/ribs 50) and configured to confine the ball to a ball check valve region arranged between the valve inlet (30) and valve outlet portions (28), wherein the guidance finger structures (24, 26) protrude towards the longitudinal axis (ribs of each of 24 and 26 would protrude towards a central longitudinal axis passing horizontally through the center of the ball as seen in Figures 1-2) from an inner sidewall of the ball check valve region (as seen in Figures 1-2). In column 2, lines 46-52, Ferguson further states that the fingers/ribs (48) in the first liner (24) are offset from the fingers/ribs (50) in the second liner (26). This allows for the prevention of ball chatter or vibration and ensures smooth flow with minimal turbulence. Hence, based on Ferguson’s teaching, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have included Ferguson’s two finger guidance structures attached to the inner wall of Simmons’ valve (BCV) such that Simmons’ ball could be guided in a smooth nearly turbulence free manner and to prevent ball chatter or vibration (see Ferguson’s column 2, lines 46-52). Regarding Claim 5:Simmons as modified by Ferguson discloses the pump, wherein a first guidance finger (24 with fingers 48 as added to Simmons’ valve) structure of the plurality of guidance finger structures (24, 26) is configured to guide the central axis of the ball to be offset from the longitudinal axis when the ball is in the unseated position (as seen in Ferguson’s Figure 1 and mentioned in Ferguson’s column 2, lines 46-52, the fingers/ribs (48) in the first liner (24) are offset from the fingers/ribs (50) in the second liner (26). This offset will cause at least a temporary offset between the central axis (CA) of the ball (50) at least when the ball transitions from the second fingers (50) to the first fingers (48), especially along the curved surfaces (54) of the first fingers (48), and the longitudinal axis when the ball is unseated (unseated position generally depicted as 64 in Ferguson’s Figure 1). Therefore, this added first guidance finger structure (24) would at least temporarily offset CA from LA till the ball is fully seated on the first fingers (48).Regarding Claim 6:Simmons as modified by Ferguson discloses the pump, wherein the first guidance finger structure (24 with fingers 48 as added to Simmons’ valve) has an outer sidewall (wall formed by 48) that is arranged at an angle such that a distance between the outer sidewall and the longitudinal axis decreases as the distance is measured away from the sealing ring (since each finger 48 as a curve surface 54, this forms an angle between the outer sidewall when added to Simmons’ valve, wherein this curved surface would ensure that the distance between the outer sidewall and the longitudinal axis (LA) would decrease the further away the ball moved from the sealing ring (22).
Allowable Subject Matter
Claims 10-12 and 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 10 includes the limitations: “wherein the elbow inlet passageway comprises a centerline extending in a horizontal direction through a center of a circular cross-section of the elbow inlet passageway, wherein the elbow inlet cavity comprises a centerline extending in the horizontal direction and through a center of the elbow inlet cavity, and wherein the center of the elbow inlet cavity is disposed above the bottommost portion by a distance equal to Ro.” Yamada makes no mention of these structural dimensions. Modifying the elbow inlet cavity to have this claimed dimension would require impermissible hindsight reconstruction.
Claims 11-12 are also allowable since they depend on claim 10.
Claim 16 is substantially similar to claim 10 and so is also allowable for the same reasons. Claims 17-18 are also allowable since they depend on claim 16.
Response to Arguments
Applicant' s arguments with respect to the pending claims have been considered but are moot because the arguments do not apply to any of the new grounds of rejection being used in the current office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINICK L PLAKKOOTTAM whose telephone number is (571)270-7571. The examiner can normally be reached Monday - Friday 12 pm -8 pm ET.
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/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746