DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 16 October 2025 has been entered. Claims 1 and 11 – 14 and 16 are pending and currently being examined.
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 § 112
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 and 11 – 16 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.
In Re Claims 1 and 16, the limitation “wherein the air extracting cavity is in communication with the liquid cavity only via liquid” is not supported by the originally filed disclosure, and constitutes new matter for the following reasons. Applicant has admitted in paragraph [0042] that usually, there is air dissolved in the liquid. The specification does not recite any structure that prevents the air in the air extracting cavity (or elsewhere such as dissolved air) from reaching the connection channel that leads to the liquid cavity. In the prior art, for example in the cited Affri reference in the art rejection, deflector/net (31/31’) prevents air from reaching the connection channel (Column 3, Lines 25 – 26). It is possible that the air in applicant’s air extracting cavity can form bubbles in the liquid that reach the connection channel. In fact, it appears that the liquid in applicant’s air extracting cavity will eventually be drained by the rotating blades in the liquid cavity, if rotated indefinitely. When that happens, air will be directly enter the liquid cavity via the connection channel.
Claim Rejections - 35 USC § 103
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 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, 12 – 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Affri (US Patent 3,730,646 A) in view of Compton (US Patent 3,526,465 A).
In Re Claim 1, Affri discloses an air extractor (Figure 1 embodiment), comprising:
a liquid cavity (cavity that accommodates the pumping elements such as impeller blades of centrifugal pump 5, i.e. the pump chamber; Column 2, Lines 52 – 55),
an air extracting cavity (1; Column 2, Lines 24 – 26; note that inlet port 13 connects to a space having air that is to be exhausted to create a high vacuum as stated in Column 3, Lines 30 – 36),
a connection channel (4; described as a “sleeve”, i.e. the portion of the cited “pipe” which connects the air extracting cavity 1 to the left side of liquid cavity 5; Column 2, Lines 38 – 41 and 52 – 55),
a drainage channel (portion of the cited “pipe” which extends from the right side of liquid cavity 5 to 22; Column 2, Lines 52 – 55), and
an air extracting channel (13; it connects to a space having air that is to be exhausted to create a high vacuum as stated in Column 3, Lines 30 – 36),
wherein the liquid cavity (5) contains rotating liquid (since it is a centrifugal pump), the air extracting cavity (1) has liquid therein (label “q” is the level of this liquid; see Column 2, Lines 65 – 66), the liquid in the air extracting cavity (1) is in communication with the liquid cavity (5) through the connection channel (Column 3, Lines 7 – 9), the liquid cavity (5) drains the liquid through the drainage channel (since the centrifugal pump discharges the liquid towards 22 – see Column 3, Lines 5 – 10), the air extracting cavity (1) is in communication with an object to be subjected to air extraction (“tubing” in Column 3, Lines 33 – 34: “13 is connected to the space or tubing to be exhausted”) through the air extracting channel (13), and air (Column 3, Line 31) in the object (“space or tubing”) to be subjected to air extraction flows through the air extracting channel (13) into the air extracting cavity (1); and wherein the air extracting cavity (1) is in fluid communication with the liquid cavity (5) only via liquid (because the net 31’ blocks air from reaching the connection channel which leads to the liquid cavity – Column 3, Lines 35 – 26).
Affri only discloses the centrifugal pump (5) schematically without the details of the claimed communication positions relative to the rotating liquid.
However, Figure 4 of Compton discloses a liquid cavity (18) {of a centrifugal pump}, a connection channel (12, 22), a drainage channel (26), a communication position (any of the functioning apertures in the perforated plate 22 are at the claimed communication position) of the connection channel (12, 22) and the liquid cavity (18) is closer to the center of the rotating liquid (i.e. central axis of the motor shaft 14) in the liquid cavity than a communication position (lower part of 26 – see Column 2, Lines 28 – 40) of the drainage channel (26) and the liquid cavity (18), and wherein the communication position of the connection channel (12, 22) and the liquid cavity (18) is disposed at a lower part of the liquid cavity (18) as depicted (Column 2, Lines 35 – 44 and 54 – 59), and
wherein an air bubble channel (28) and an air bubble collection cavity (to the right of 32, in the region above 28, i.e. where the depicted bubbles are) are disposed on the liquid cavity (18), the air bubble collection cavity disposed above the liquid cavity (18) and in communication with the liquid in the liquid cavity (18) through the air bubble channel (28), and wherein air bubbles in the liquid cavity (18) enter the air bubble collection cavity through the air bubble channel (28) under the effect of buoyancy (since they rise up through channel 28 and 32 – see Column 2, Lines 61 – 65).
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Annotated Figure 1 of Affri and Figure 4 of Compton
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed the invention to substitute the centrifugal pump (5) of Affri with the centrifugal pump (Figure 4) of Compton (see annotated figures above) for the purpose of preventing vapor lock as a result of formation / growth of bubbles which could lead to cavitation (Column 2, Lines 67 – 72 of Compton). Further, it is only a matter of substituting the broadly disclosed centrifugal pump of Affri with the specifically disclosed centrifugal pump of Compton, therefore the results of the substitution are predictable (MPEP 2141, Section III, Rationale B).
In Re Claim 12, the combined references above disclose all the limitations of Claim 1, and Figure 4 of Compton discloses that the liquid cavity (18) comprises blades (38), the blades (38) are configured to rotate to drive the rotating liquid in the liquid cavity (18)(Column 2, Lines 45 – 47).
In Re Claim 13, the combined references above disclose all the limitations of Claim 12, and Compton discloses a motor (Column 2, Lines 33 – 35) coupled to the blades (38) to drive the blades.
In Re Claim 14, the combined references above disclose all the limitations of Claim 1, and Figure 4 of Compton discloses that the air bubble channel (28) and the air bubble collection cavity (adjacent 32 – see shaded area in annotated figures above) are disposed at a center (concentric to the central axis of shaft 14) of a top side of the liquid cavity (18).
In Re Claim 16, Affri discloses an air extractor (Figure 1 embodiment), comprising:
a liquid cavity (5; Column 2, Lines 52 – 55),
an air extracting cavity (1; Column 2, Lines 24 – 26; note that inlet port 13 connects to a space having air that is to be exhausted to create a high vacuum as stated in Column 3, Lines 30 – 36),
a connection channel (4; described as a “sleeve”, i.e. the portion of the cited “pipe” which connects the air extracting cavity 1 to the left side of liquid cavity 5; Column 2, Lines 38 – 41 and 52 – 55),
a drainage channel (portion of the cited “pipe” which extends from the right side of liquid cavity 5 to 22; Column 2, Lines 52 – 55),
wherein rotating liquid (since 5 is a centrifugal pump) in the liquid cavity (5) is in communication with liquid (label “q” is the level of this liquid; see Column 2, Lines 65 – 66) in the air extracting cavity (1) through the connection channel (Column 3, Lines 7 – 9), the drainage channel drains the liquid in the liquid cavity (since the centrifugal pump discharges the liquid towards 22 – see Column 3, Lines 5 – 10).
Affri does not disclose an air bubble collection cavity.
However, Figure 4 of Compton discloses a liquid cavity (18) {of a centrifugal pump}, a connection channel (12, 22), a drainage channel (26), a communication position (any of the functioning apertures in the perforated plate 22 are at the claimed communication position) of the connection channel (12, 22) and the liquid cavity (18) is closer to the center of the rotating liquid (i.e. central axis of the motor shaft 14) in the liquid cavity than a communication position (lower part of 26 – see Column 2, Lines 28 – 40) of the drainage channel (26) and the liquid cavity (18), and wherein the communication position of the connection channel (12, 22) and the liquid cavity (18) is disposed at a lower part of the liquid cavity (18) as depicted (Column 2, Lines 35 – 44 and 54 – 59), and
wherein an air bubble channel (28) and an air bubble collection cavity (to the right of 32, in the region above 28, i.e. where the depicted bubbles are) are disposed on the liquid cavity (18), the air bubble collection cavity disposed above the liquid cavity (18) and collects bubbles separated from the rotating liquid in the liquid cavity (18) under the effect of buoyancy (since they rise up through channel 28 and 32 – see Column 2, Lines 61 – 65).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed the invention to substitute the centrifugal pump (5) of Affri with the centrifugal pump (Figure 4) of Compton for the purpose of preventing vapor lock as a result of formation / growth of bubbles which could lead to cavitation (Column 2, Lines 67 – 72 of Compton). Further, it is only a matter of substituting the broadly disclosed centrifugal pump of Affri with the specifically disclosed centrifugal pump of Compton, therefore the results of the substitution are predictable (MPEP 2141, Section III, Rationale B).
Claim(s) 1 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (PG Pub US 20160160852 A1) in view of Compton (US Patent 3,526,465 A).
In Re Claim 1, Xiao discloses an air (although the extracted gas from object 9/10 has not been specified as “air”, the gas does not make a structural distinction over the prior art) extractor (12, 13, 14; Figures 2A-2C; paragraph [0053]), comprising: a liquid cavity (12 – inside the pump housing), an air extracting cavity (13, 15; inside 14), a connection channel (this is the line that connects 14 to 12 and contains valve 22’), a drainage channel (this is the line that connects 12 to 32 and contains 26), and an air extracting channel (this is the line that connects 13 to 9 and contains valve 16’; Figure 2A), wherein the liquid cavity contains rotating liquid (since it is a centrifugal pump; paragraph [0035]), the air extracting cavity (13, 15) has liquid (15; Figure 2A; paragraph [0040]) therein, the liquid in the air extracting cavity (13, 15) is in communication with the liquid cavity (12) through the connection channel (containing 22’), the liquid cavity drains the liquid through the drainage channel (during the “charging period” in paragraph [0053]), the air extracting cavity (13, 15) is in communication with an object (9/10) to be subjected to air extraction through the air extracting channel (containing 16’; Figure 2A), and air (although the extracted gas from object 9/10 has not been specified as “air”, the gas does not make a structural distinction over the prior art) in the object (9/10) to be subjected to air extraction flows through the air extracting channel (containing 16’; Figure 2A) into the air extracting cavity (13, 15 – compare Figures 2A and 2B), and wherein the air extracting cavity (13, 15) is in fluid communication with the liquid cavity (12) only via liquid (paragraph [0035]: “Liquids pump 12 is not a multiphase pump (both gas and liquid simultaneously); rather, liquids pump 12 is a standard liquid-conveying pump”; since the pump can only pump liquids, there is only liquid in the connection channel; also see paragraph [0041]: “avoid gas entrainment in the fluid inlet line for liquids pump 12”).
Xiao only discloses the centrifugal pump (12) schematically without the details of the claimed communication positions relative to the rotating liquid.
However, Figure 4 of Compton discloses a liquid cavity (18) {of a centrifugal pump}, a connection channel (12, 22), a drainage channel (26), a communication position (any of the functioning apertures in the perforated plate 22 are at the claimed communication position) of the connection channel (12, 22) and the liquid cavity (18) is closer to the center of the rotating liquid (i.e. central axis of the motor shaft 14) in the liquid cavity than a communication position (lower part of 26 – see Column 2, Lines 28 – 40) of the drainage channel (26) and the liquid cavity (18), and wherein the communication position of the connection channel (12, 22) and the liquid cavity (18) is disposed at a lower part of the liquid cavity (18) as depicted (Column 2, Lines 35 – 44 and 54 – 59), and wherein an air bubble channel (28) and an air bubble collection cavity (to the right of 32, in the region above 28, i.e. where the depicted bubbles are) are disposed on the liquid cavity (18), the air bubble collection cavity disposed above the liquid cavity (18) and in communication with the liquid in the liquid cavity (18) through the air bubble channel (28), and wherein air bubbles in the liquid cavity (18) enter the air bubble collection cavity through the air bubble channel (28) under the effect of buoyancy (since they rise up through channel 28 and 32 – see Column 2, Lines 61 – 65).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed the invention to substitute the centrifugal pump (22) of Xiao with the centrifugal pump (Figure 4) of Compton for the purpose of preventing vapor lock as a result of formation / growth of bubbles which could lead to cavitation (Column 2, Lines 67 – 72 of Compton). Further, it is only a matter of substituting the broadly disclosed centrifugal pump of Xiao with the specifically disclosed centrifugal pump of Compton, therefore the results of the substitution are predictable (MPEP 2141, Section III, Rationale B).
In Re Claim 11, the combined references above disclose all the limitations of Claim 1, Figure 4 of Compton discloses that the connection channel (12, 22) is positioned at a bottom side of the liquid cavity (18), and Xiao discloses that the liquid cavity (12) is in communication with an external environment (32 is described as a “product line” in paragraph [0032], By definition – product in the product line is delivered to a user who is in an environment external to the apparatus) through the drainage channel (this is the line that connects 12 to 32 and contains 26).
Response to Arguments
Applicant has argued on Page 10 of Applicant’s Response that “That is, only liquid exits the air extracting cavity and enters the liquid cavity”.
Examiner’s Response: It appears that the liquid in the air extracting cavity will eventually be drained by the rotating blades in the liquid cavity, if rotated indefinitely. When that happens, air will be in communication with the liquid cavity. Even before the air extraction cavity is completely drained, there is nothing that prevents the air from forming bubbles in the liquid and reaching the connection channel. In Affri, the liquid that is drained from the air extraction cavity is to some extent replenished by the nozzle 3, and as such the level “L” of water does not fall below where label “q” is in Figure 1 (Column 2, Line 65). The volume of air extracted from the object subject to air extraction corresponds to the volume between level “L” and level “q”.
Applicant has argued on Page 10 of Applicant’s Response that “In stark contrast, in Affri, a mix of liquid and air enters the pump 5 (alleged liquid cavity) from the fluid lower pressure reservoir 1 (alleged air extracting cavity). Put another way, Affri teaches that the air extracting cavity is in fluid communication with the liquid cavity via both liquid and air”.
Examiner’s Response: The net (31’) of Affri clearly prevents air from reaching the liquid cavity (Column 3, Lines 25 – 26 of Affri), which contradicts applicant’s argument that a mix of liquid and air enters the pump 5.
Applicant has argued on Page 11 of Applicant’s Response that “Annotated FIG. 1 of Affri is provided above, showing the directions of air flow (in red) and liquid flow (in blue) in the system of Affri”.
Examiner’s Response: The alleged direction of air flow in red clearly contradicts the disclosure of Affri in Column 3, Lines 25 – 26: “possible air bubbles are eliminated by net 31'”. The examiner contends that only liquid reaches the liquid cavity 5, and that the above argument finds no support in the disclosure of Affri.
Applicant has argued on Page 11 of Applicant’s Response that “the liquid flow through the nozzle 30 reaches a very high speed due to the pressure in the liquid contained in the fluid higher pressure reservoir 2 as well as to the suction provided at the inlet 40 of sleeve 4, sucking air from inlet port 13 into the fluid lower pressure reservoir 1 and the alleged liquid cavity 5”.
Examiner’s Response: The outlet of nozzle 3 is clearly below the water level “q”, therefore only water (and not air) in 1 is entrained when delivered to liquid cavity in 5 – see Column 3, Lines 23 – 25: “The liquid drawn in part from reservoir 1 by the propelling means 5 and in part entrained by the high speed flow through injector 3 is directed by deflector 31 through inlet 40”.
Applicant has argued on Page 12 of Applicant’s Response that “Therefore, if the alleged air extracting cavity 1 was in fluid communication with the liquid cavity 5 only via liquid, no air extraction effect would be achieved, which would obviously teach away from the purpose of Affri”.
Examiner’s Response: The volume of air extracted from the object subject to air extraction corresponds to the volume between level “L” and level “q” in Figure 1. Note that even in applicant’s apparatus, the liquid level in the air extractor cavity can only be lowered to a limited extent before the air extraction cavity runs dry, therefore only a limited amount of air can be extracted from the object subject to air extraction.
Applicant has argued on Page 12 of Applicant’s Response that “Applicant respectfully submits that Affri does not teach this feature. Instead of communicating with an external environment, the pump 5 is merely in communication with the fluid higher pressure reservoir 2 and the fluid lower pressure reservoir 1. That is, the liquid cavity in Affri is instead in communication with an interior environment”.
Examiner’s Response: First of all, Applicant’s liquid cavity is also in communication with an “interior environment” as best seen in the Figure 4 embodiment, where the drainage channel communicates via 6A and 6B to the “interior environment” of chambers “A” and “B”. Applicant’s specification does not further elaborate on what the “exterior environment” is, so the phrase can be broadly interpreted as any environment exterior to the liquid cavity and air extraction cavity. In Affri, chamber 2 is exterior to the chamber 1, and therefore reads on “exterior environment”. Even if it is not clear to applicant that chamber 2 is exterior environment, the liquid is eventually delivered to port 23 which clearly opens into an “exterior environment”, so at least port 23 reads on a drainage channel (Column 3, Line 11 of Affri). Although the Affri reference is not currently being applied to Claim 11, it may be used in future to meet this claim.
Applicant has argued on Page 12 of Applicant’s Response that “That is, liquid is never drained from the system of Affri”.
Examiner’s Response: Affri clearly discloses an outlet port (23) in Column 3, Line 11. Therefore liquid is drained from the system of Affri through port (23). Although the Affri reference is not currently being applied to Claim 11, it may be used in future to meet this claim.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DNYANESH G KASTURE whose telephone number is (571)270-3928. The examiner can normally be reached Mon-Thu, 7:30 AM to 6:00 PM.
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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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/D.G.K/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746