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 .
Election/Restrictions
Applicant’s election without traverse of Species V, Subspecies A, indicated to read on claims 1-4 and 9-15, in the reply filed on 19 December 2025 is acknowledged. Upon review, claim 3 recites that the bearing comprises a passively magnetic bearing, reading on Subspecies C, not elected Subspecies A. Thus, claim 3 is also found to be drawn non-elected subspecies.
Claims 3, 5-8 and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claims 1, 2, 4 and 9-15 are pending for examination on the merits.
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 bearing is axially mechanically displaceable to set an ideal distance between the fluid channel and the conveying element, as recited in claim 14, and wherein the bearing is axially mechanically displaceable with a thread before the putting into operation of the fluid pump, as recited in claim 15, 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 Objections
Claim 15 is objected to because of the following informalities:
In claim 15, “with a thread before the putting into operation of the fluid pump” should read --using a thread prior to operating the fluid pump--.
Appropriate correction is required.
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.
Claim 13 is 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.
In claim 13, the limitation “the material comprises a ceramic material, such as aluminum oxide (A12O3), silicon carbide (SiC), zirconium oxide (ZrO2), or silicon nitride (Si3N4), a mixed ceramic material, such as A12O3/SiC, aluminum reinforced zirconium oxide (ATZ), or zirconium oxide reinforced aluminum oxide (ZTA), crystalline, such as diamond, sapphire, ruby, or quartz, or tantalum nitride, such as a tantalum nitride thin film” is indefinite because the multiple uses of the terms “such as” and “or” and the punctuation in between consisting only of commas in the lists of material options renders it unclear whether the list of groups of alternative materials are in the intended scope of the claim. The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. This renders the metes and bounds of the claim subject to uncertainty. For examination, it will be interpreted as either a ceramic, mixed ceramic or crystalline material with the such as list of examples NOT required in the claim scope. It is suggested that the term such as be deleted or replaced and the groups of alternatives separated with semi-colons.1
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 2, 10, 11 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laing (U. S. Patent No. 3,803,432).
Regarding claim 1, Laing discloses a fluid pump for conveying a fluid (FIG. 1, Abstract) comprising:
a fluid channel that is bounded by a channel wall (FIG. 1, as shown, formed in part by casing 1a wall), the fluid channel comprising a spherical section (top and bottom of casing forms a spherical section);
a rotor 3, 4, 5, 6, 8 (col. 2, ll. 10-20, formed by core 3, rods 4, rings 5, 6, and impeller 8) disposed in the fluid channel (shown), the rotor is rotatably mounted about a pivot point of a bearing by a mechanical, hydrodynamic and/or hydrostatic, axial and radial bearing 11, 12 (col. 2, ll. 25-35, ball 11 and bearing cup 12 form recited axial and radial bearing), wherein the rotor comprises:
a rotor body 3-6; and
a conveying element 8 (col. 2, ln. 17, impeller 8) disposed within the spherical section of the fluid channel (shown) and that is configured to generate a substantially spherical rotational area of the rotor 3-6 (upon rotation); and
wherein a spherical center of the spherical section of the fluid channel and a spherical center of the substantially spherical rotational area coincide with the pivot point such that a minimum distance between the rotor and the channel wall is maintained in the spherical section during a tilting of the rotor 3-6 (col. 2, ll. 40-60, discussing how bearing 11, 12 supports rotor to limit rocking; note that, by virtue of bearing placement, a minimum distance between rotor and channel wall(s) would be maintained when the rotor is tilted about the bearing in the pumping chamber).
Re. claim 2, Laing further discloses the bearing 11, 12 comprises a ball cup bearing 11, 12 (col. 2, ll. 25-30, ball and cup) or a pin bearing.
Re. claim 10, Laing further discloses the fluid channel further comprises: a fluid inlet 13a; and a fluid outlet 13b (col. 2, ln. 23), wherein the bearing 11, 12 is disposed at the fluid inlet, at the fluid outlet, or at a center of the fluid channel (broadly, bearing 11, 12 can be considered to be located at the center of the fluid channel).
Re. claim 11, Laing further discloses the fluid outlet 13b comprises an axial, tangential (centrifugal impeller having outlet flow with at least one flow component arranged tangential, as shown), or axially tangentially mixed fluid outlet.
Re. claim 14, Laing further discloses the bearing 11, 12 is axially mechanically displaceable to set an ideal distance between the fluid channel and the conveying element (intended result limitation met during assembly by axially positioning the bearing with respect to installation of column 9 and cup 12 inserted in impeller base providing recited mechanically displaceable capability within the broadest reasonable interpretation of the terms).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Laing (U. S. Patent No. 3,803,432) in view of Laing (U. S. Patent Application Publication No. 2007/0286754).
As to claim 4, Laing ‘432 further discloses a motor stator 2 (col. 2, ln. 5) disposed at the channel wall 1a of the flow channel (as shown) but is silent as to a motor magnet integrated in the rotor body or in the conveying element, wherein a passively magnetic rocker bearing is implemented by a magnetic attraction or repulsion between the motor stator and the motor magnet. Laing ‘432 does disclose electromagnet components of the rotor (core 5, rod, 4 and rings 5, 6) that function as a magnet when interacting with the electromagnetic field produced by the stator. In this regard, Laing ‘754 teaches a similar pump having a spherically configured rotor 18 including rotor magnets 84 (FIG. 1, para. 0040) facing stator 86. With this in mind, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to replace the rotor of Laing ‘432 with the rotor of Laing ‘754__a rotor configuration known to yield predictable rotational drive with expected results. The use of the rotor of Laing ‘754 in the combination of Laing ‘432 is considered a simple substitution of one known rotor for that of another. Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). MPEP 2143(I)B.2
Upon modification, a passively magnetic rocker bearing is implemented by a magnetic attraction or repulsion between the motor stator 2 (Laing ‘432) and the motor magnet (Laing ‘754) by virtue of their location and configuration, the magnetic field produced by the stator interacting with motor magnets functions accordingly (this intended result limitation met by the combined teachings of the applied art upon modification).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Laing (U. S. Patent No. 3,803,432) in view of Laing (U. S. Patent No. 3,732,445).
As to claim 9, Laing ‘432 is discussed above but is silent as to hydrodynamically active elements are disposed on a side of the fluid channel opposite the bearing at the channel wall or at the rotor to improve a nestling of the rotor to the channel wall upon the tilting of the rotor. To this point, Laing ‘445 teaches a pump with an impeller supported by hydrodynamic bearings having active elements 34, 35 disposed on a side of its fluid channel (FIG. 6, col. 5, ll. 45-50 and col. 6, ll. 1-5, grooves 34, 35 form recited active elements). With this in mind, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to modify Laing ‘432 with hydrodynamic active elements such as grooves arranged on a side wall of the fluid channel in order to provide sufficient hydrodynamic pressure to lift and support the impeller during rotation as suggested by Laing ‘445 (col. 5, ll. 1-5, inter alia).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Laing (U. S. Patent No. 3,803,432) in view of Aber et al. (U. S. Patent Application Publication No. 2014/1255225).
As to claim 12, Laing is discussed above but is silent as to the fluid pump has a volute in the region of the fluid outlet, wherein the volute comprises a ring volute, a logarithmic volute, or a volute having an axial portion. To this point, Aber teaches a centrifugal pump having a volute 115 (para. 0034, ref. numeral evidently missing from the drawing FIG.’s) in the region of fluid outlet 25. The volute clearly shown in at least FIG.’s 1-3 arranged around impeller 75 in a ring or logarithmic configuration by virtue of its shape (according to the broadest reasonable interpretation of the terms). With this in mind, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to modify Laing with a volute configured as claimed in order to contain and feed the flow from the impeller of the pump to the outlet as shown by Aber.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Laing (U. S. Patent No. 3,803,432) in view of Laing (U. S. Patent No. 3,553,807).
As to claim 13, Laing ‘432 is discussed above but is silent as to the bearing comprises a mechanical bearing, wherein the mechanical bearing comprises a hemocompatible, hard, wear resistant, or thermally conductive material, further wherein the material comprises a ceramic material, such as aluminum oxide (A12O3), silicon carbide (SiC), zirconium oxide (ZrO2), or silicon nitride (Si3N4), a mixed ceramic material, such as A12O3/SiC, aluminum reinforced zirconium oxide (ATZ), or zirconium oxide reinforced aluminum oxide (ZTA), crystalline, such as diamond, sapphire, ruby, or quartz, or tantalum nitride, such as a tantalum nitride thin film, and comprises a sliding layer, such as diamond-like carbon (DLC), SiN, or tungsten carbide/carbon (WC/C)3. In this regard, Laing ‘807 teaches a spherical bearing of ceramic material with a sliding layer (FIG. 13, col. 7, ll. 25-35). With this in mind, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to modify Laing with the bearing formed of the ceramic material with a sliding layer__a material configuration known for its suitability for intended use in spherical bearings as demonstrated by Laing ‘807.4
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Laing (U. S. Patent No. 3,803,432).
As to claim 15, the FIG. 1 embodiment of Laing is silent as to the bearing is axially mechanically displaceable with a thread before the putting into operation of the fluid pump. However, the FIG. 2 embodiment shows the bearing mounted to column 9’ with screws 23 in threaded portions of the cup (FIG. 2, col. 3, ll. 10-18, as shown), providing mechanical displacement of the cup supporting the bearing by adjusting the screws. With this in mind, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to provide axial mechanical displacement of the bearing by adjusting with a screw threaded into the cup part mounted to the bearing support column in order to provide a removable mounting arrangement as shown by Laing, Id.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH J HANSEN whose telephone number is (571)272-6780. The examiner can normally be reached Monday Friday 7:00 AM to 4:00 PM (MT).
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/KENNETH J HANSEN/ Primary Examiner, Art Unit 3746
1 See MPEP 2173.05(d).
2 Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results; absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d at 1518-19 (BPAI, 2007) (citing KSR, 127 S.Ct. at 1740, 82 USPQ2d at 1396. Accordingly, since the applicant[s] have submitted no persuasive evidence that the combination of the above elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a) because it is no more than the predictable use of prior art elements according to their established functions resulting in the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement.
3 Note aforesaid 35 U.S.C. 112(b) issues, supra.
4 See MPEP 2144.07.