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.
Claim(s) 1-2, 4-9, 11-14, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent No. 11,255,342) in view of Keeney (US Patent No. 656,023).
Lee teaches:
limitations from claims 1 and 13, a configurable fluid pump (FIG. 1-11) for a fuel cell system having at least one fuel cell stack of multiple fuel cells (this limitation has been treated as an intended use; the pump of Lee is capable of delivering a cooling fluid and therefore meets the limitation) comprising: an impeller unit (20) for delivering a cooling fluid having an impeller (20) rotating about an axis of rotation (along shaft 2), the impeller disposed within an impeller housing (10) that is part of the impeller unit, and an electric motor (M) for driving the impeller unit, wherein the impeller unit is arranged, with respect to the axis of rotation, at an axial longitudinal end of the motor (right-hand-side of motor M as in FIG. 1) and the impeller housing (10) is firmly connected to the motor housing by means of a replaceable reusable (see FIG. 2 and FIG. 6 for example, in which each component of the pump apparatus, particularly pieces 30 and 10, is separable from one another; if the pieces can be separated then they can be replaced) fastening unit (31, 50), wherein the replaceable reusable fastening unit is axially accessible from a single direction, facing longitudinally out with respect to the axis of rotation (bolts 50 and holes 31 are accessible from the left hand side of FIG. 1-2 for example) outside of an outer surface of the impeller housing (the bolts 50 extend through holes 31 in of the cover housing; FIG. 6 for example shows that holes 31 are outside of the body of housing 30; see annotated FIG. 6 below) wherein on the impeller housing an axial fluid inlet (11) of the impeller unit and a fluid outlet (12) of the impeller unit oriented corresponding to the direction of rotation and tangentially to a circumferential line which, spaced apart, is circumferential to the axis of rotation are formed (see FIG. 7-11 in particular), wherein the impeller unit is coupled to the motor in such a manner that the fluid outlet of the impeller housing with respect to the motor housing can be arranged in one of a plurality of possible positions via the fastening unit, and the possible positions of the fluid outlet differ from one another by an angle of rotation about the axis of rotation in the direction of rotation (see FIG. 7-11; C. 3 Line 66 through C. 4 Line 6 and C. 4 Line 49 through C. 5 Line 12; the holes 31 receiving bolts 50 are spaced 90o, the holes themselves allow for a range of rotation from 20o to 45o); wherein the impeller unit and the impeller housing including the inlet and outlet are a replaceable single unit the examiner interprets the impeller housing to be the outlet 12, inlet 11, and the accompanying housing structure 10, 15. The impeller unit and the impeller housing are therefore a replaceable unit, coupled to the rest of the pump via bolts 50); wherein the impeller housing is configured to be moved between the possible positions by removing the replaceable reusable fastening unit from outside of the outer surface of the impeller housing (via bolts 50) and then reinstalling the replaceable reusable fastening unit from outside of the outer surface of the impeller housing when the impeller housing is repositioned at another of the possible positions (see FIG. 5-6; C. 3 Lines 49-57 and C. 4 Lines 49-52; annotated FIG. 5-6 below clarify the examiner’s interpretation – the areas “A” are the same between cross-sections and show portions of the body 30 about openings 31 that are open and accessible);
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Lee teaches that the holes 31 are spaced 90o, and that the holes have a range of 20o to 45o, but does not explicitly teach outlet angle of rotations at 30o and 60o, such that 6 or 12 positions of the outlet are possible;
However, Keeney teaches a pump (see FIG. 1) in which a housing (1-2) of the pump allows for positional rotation of an outlet (4; Page 1 Lines 18-34); and wherein the positions are spaced at 30o or 60o (see Page 1 Lines 25-28, “…its discharge will project horizontally in either direction or vertically up or down or at any desired intermediate angle on either side”.).
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to form the bolts and bolt holes of the pump of Lee such that the discharge may be positioned at various rotational locations including 30o and 60o, as taught by Keeney, in order to allow a more variable and robust positioning of the discharge depending on use and location of installation. The examiner notes that Keeney, like Lee, relies on bolts 10 positioned within elongated holes 9 to achieve a larger mounting range of the discharge.
Lee further teaches:
limitations from claims 2 and 14, characterised - in that the impeller housing is formed so as to be replaceable (FIG. 2 and FIG. 6 as described above), and - in that the impeller housing can be arranged on the motor housing differently (see FIG. 7-11), and - in that the impeller unit can be arranged on the motor housing differently (FIG. 7-11);
limitations from claims 4 and 16, characterised - in that the impeller of the impeller unit is arranged with respect to the motor housing in each of the possible positions of the fluid outlet in an unchanged basic position (see FIG. 7-11; C. 4 Line 49 through C. 5 Line 12), and - in that the impeller of the impeller unit forms a basic unit and in each of the possible positions of the fluid outlet remains unchanged (FIG. 7-11), and - in that the motor of the fluid pump forms a basic unit and in each of the possible positions of the fluid outlet remains unchanged (see FIG. 7-11; C. 4 Line 49 through C. 5 Line 12);
limitations from claims 6 and 17, characterised - in that the fastening unit is adapted to each of the possible positions in such a manner that in each of the possible positions of the fluid outlet it remains unchanged (FIG. 7-11), and - in that the fastening unit is adapted to each of the possible positions in such a manner that, regardless of the respective position of the fluid outlet, it is accessible (see FIG. 7-11; C. 4 Line 49 through C. 5 Line 12 wherein the fastening unit 31, 50 is accessible to further change the orientation of the outlet);
limitations from claims 7 and 18, characterised - in that the fastening unit is a screw unit (31, 50), wherein the screw unit comprises multiple screw groups each with at least one screw point (see FIG. 6 and FIG. 7-11; C. 4 Line 49 through C. 5 Line 12), and - in that the arrangement of the respective screw groups is adapted to the possible positions of the fluid outlet in such a manner that, regardless of the respective possible position of the fluid outlet, they are axially accessible on the impeller side (FIG. 1-2);
limitations from claims 8 and 19, characterised in that the fluid outlet (12) in the respective possible position is arranged between the screw groups that are adjacent in the direction of rotation (see FIG. 7, 9, and 10);
limitations from claim 9, characterised - in that the respective screw points are identical to one another (see FIG. 7-11; C. 4 Line 49 through C. 5 Line 12), and - in that the respective screw groups are identical to one another (FIG. 7-11), and - in that the respective screw groups are arranged evenly distributed about the axis of rotation (see FIG. 7-11; C. 4 Line 49 through C. 5 Line 12), and - in that the respective screw groups have an identical distance from the axis of rotation (see FIG. 7-11; C. 4 Line 49 through C. 5 Line 12);
limitations from claim 11, characterized - in that all position-relevant contours of the motor are formed so as to axially face away from the impeller unit and all position-relevant contours of the impeller unit so as to axially face away from the motor (FIG. 1-2; see above annotated FIG), and - in that the motor and the impeller unit lie on one another transversely to the axis of rotation and exclusively rotation-transmitting elements of the motor and of the impeller unit axially engage into one another (FIG. 1-2), and - in that the impeller is completely received in the impeller housing (see FIG. 1), and - in that the motor forms a cover for the impeller unit and lies on the impeller unit (see FIG. 1);
limitations from claim 12, wherein the electric motor for driving the impeller has a rotation-unsymmetrical motor housing (see FIG. 1);
Keeney further teaches:
limitations from claim 5, characterised - in that the angle of rotation amounts to 60o or 120o or 180o or 240o or 300o (see Page 1 Lines 25-28, “…its discharge will project horizontally in either direction or vertically up or down or at any desired intermediate angle on either side”.);
Claim(s) 1, 10, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent No. 11,255,342) in view of Price (US Patent No. 2,695,131).
Lee teaches:
limitations from claims 1 and 13, a configurable fluid pump (FIG. 1-11) for a fuel cell system having at least one fuel cell stack of multiple fuel cells (this limitation has been treated as an intended use; the pump of Lee is capable of delivering a cooling fluid and therefore meets the limitation) comprising: an impeller unit (20) for delivering a cooling fluid having an impeller (20) rotating about an axis of rotation (along shaft 2), the impeller disposed within an impeller housing (10) that is part of the impeller unit, and an electric motor (M) for driving the impeller unit, wherein the impeller unit is arranged, with respect to the axis of rotation, at an axial longitudinal end of the motor (right-hand-side of motor M as in FIG. 1) and the impeller housing (10) is firmly connected to the motor housing by means of a replaceable reusable (see FIG. 2 and FIG. 6 for example, in which each component of the pump apparatus, particularly pieces M 30 and 10, is separable from one another; if the pieces can be separated then they can be replaced) fastening unit (31, 50), wherein the replaceable reusable fastening unit is axially accessible from a single direction, facing longitudinally out with respect to the axis of rotation (bolts 50 and holes 31 are accessible from the left hand side of FIG. 1-2 for example), outside of an outer surface of the impeller housing (the bolts 50 extend through holes 31 in of the cover housing; FIG. 6 for example shows that holes 31 are outside of the body of housing 30; see annotated FIG. 6 below) wherein on the impeller housing an axial fluid inlet (11) of the impeller unit and a fluid outlet (12) of the impeller unit oriented corresponding to the direction of rotation and tangentially to a circumferential line which, spaced apart, is circumferential to the axis of rotation are formed (see FIG. 7-11 in particular), wherein the impeller unit is coupled to the motor in such a manner that the fluid outlet of the impeller housing with respect to the motor housing can be arranged in one of a plurality of possible positions via the fastening unit, and the possible positions of the fluid outlet differ from one another by an angle of rotation about the axis of rotation in the direction of rotation (see FIG. 7-11; C. 3 Line 66 through C. 4 Line 6 and C. 4 Line 49 through C. 5 Line 12; the holes 31 receiving bolts 50 are spaced 90o, the holes themselves allow for a range of rotation from 20o to 45o); wherein the impeller unit and the impeller housing including the inlet and outlet are a replaceable single unit the examiner interprets the impeller housing to be the outlet 12, inlet 11, and the accompanying housing structure 10, 15. The impeller unit and the impeller housing are therefore a replaceable unit, coupled to the rest of the pump via bolts 50); wherein the impeller housing is configured to be moved between the possible positions by removing the replaceable reusable fastening unit from outside of the outer surface of the impeller housing (via bolts 50) and then reinstalling the replaceable reusable fastening unit from outside of the outer surface of the impeller housing when the impeller housing is repositioned at another of the possible positions (see FIG. 5-6; C. 3 Lines 49-57 and C. 4 Lines 49-52; annotated FIG. 5-6 below clarify the examiner’s interpretation – the areas “A” are the same between cross-sections and show portions of the body 30 about openings 31 that are open and accessible);
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Lee teaches that the holes 31 are spaced 90o, and that the holes have a range of 20o to 45o, but does not explicitly teach outlet angle of rotations at 30o and 60o, such that 6 or 12 positions of the outlet are possible; Lee teaches the use of bolts (50) to attach and de-attach the pump and motor housings, rather than a clamping holder;
Price teaches:
limitations from claims 1, 10, and 13, a pump (supercharger 10) having an impeller (25) and housing (12) therefore; a fastening unit (20), the fastening unit is a clamping holder, wherein the clamping holder firmly connects the impeller housing (12, 18) to a drive housing (11, 19) in a force-fitted and/or form- fitted manner, and - in that the clamping holder is formed in such a manner that the impeller housing, with respect to the motor housing, can be fastened with any angle of rotation greater than 0 o (C. 2 Lines 29-47 and C. 3 Lines 66-70);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to utilize a clamp mechanism as taught by Price in place of the fasteners of Lee, in order to allow for a more robust adjustment of the outlet position (the clamp of Price allows for 360 o motion which includes 30o and 60o).
Response to Arguments
Applicant's arguments filed 01/26/2026 have been fully considered but they are not persuasive.
Applicant has amended the claims to recite “wherein the replaceable reusable fastening unit is axially accessible from a single direction, facing longitudinally out with respect to the axis of rotation…”. Applicant argues, with respect to Lee, that the impeller housing (10) and cover (15) are coupled to the motor by two sets of fasteners (50, 55), and that both sets of fasteners are loosened to adjust the position of the housing (see Page 12 of the response). The examiner does not necessarily disagree with the applicant’s description of the prior art, but is not persuaded by the arguments for the following reasons.
The examiner notes that what is being argued, “…to adjust the position of the impeller cover, both bolts (50, 55) must be removed/released, which are approached from opposite directions…” is narrower in scope than what is being claimed. The claims require only that the fastening unit is axially accessible from a single direction; the claims do not include the cover as being accessible, or specify what “accessible” requires. The rejection in view of Lee relies upon elements 31, 50 to make up the fastening unit; this does not necessarily include the cover (15) and associated bolts (55), and does not require any particular adjustment or removal of those components. The examiner maintains that, broadly interpreting the phrase “accessible from a single direction”, the unit composed of components 31 and 50 can be “accessed” from the left-hand side as seen in FIG. 1-2.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2772636 teaches a pump in which a fastening unit (32-35) and cover bolts (26, 36) are accessible from a single direction.
US 2614502 teaches fasteners (17-18) of an adjustable housing accessible from a single direction.
Conclusion
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 CHRISTOPHER S BOBISH whose telephone number is (571)270-5289. The examiner can normally be reached Mon-Fri 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S BOBISH/Examiner, Art Unit 3746
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