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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 18 February 2026 has been entered.
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) 7, 9, 11 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Afshari (US 20170204854) in view of Giesler et al. (WO2009039881).
With regards to claim 7, Afshari discloses a system gear pump module, the system gear pump module comprising a first portion 80 and a second portion 82, the first portion and the second portion being attached to each other to form a body (paragraph [0037] and figs 2B and 6A) defining an input port 22 (paragraph [0038] and fig. 2B and 6A) detachably connectable to an interface structure (inherent to using the pump), the interface structure comprising an interface for interfacing with a source of fluid including sealant as is known in the art (Afshari discloses that such pump are suitable for viscous liquids, see paragraph [0003]), an output port 24 (paragraph [0038] and figs 2B and 6A) detachably connectable to a nozzle structure (the output port of the pump of Afshari can be connected to a nozzle structure), the nozzle structure comprising a nozzle (inherent) for dispensing liquid including sealant (Afshari discloses that such pump are suitable for viscous liquids, see paragraph [0003]), and a cavity (space between 80 and 82 and figs 1, 2B and 6A) that fluidically connects the input port and the output port (figs 2B and 6A), and a gear pump 40 in the cavity (figs 1 and 6A) and operable to pump liquid (including sealant since Afshari discloses that such pumps are suitable for pumping viscous liquids) received in the input port to the output port (inherent function of a pump), wherein the input port and the output port are formed by attachment of the first portion to the second portion, see figure 6A. In the reply filed October 7, 2025, Applicant contends that end plates 80 and 82 of Afshari are not equivalent to the claimed first portion and second portion because “flow passages 39 and 43 are defined between the end plates 80 and 82, and these flow passages 39 and 43 are associated with ports 22 and 24, respectively, but the ports 22 and 24 are not themselves formed by the attachment.” However, Applicant appears to have taken a narrower definition on what constitute a port in the art. Nonetheless it is known to make inlet and outlet ports of a gear pump in two parts as attested by Giesler et al. wherein the input port 16 and the output port 17 are formed by attachment of a first portion 2 and a second portion 3, see abstract and figures 1, 2A and 2B. 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 ports 22 and 24 of Afshari so that they are formed by attachment of the first and second portions, in light of the teachings of Giesler et al., as a matter of obvious design choice. Regarding the recitation “to improve a strength of connection between the first portion and the second portion and to reduce a likelihood of sealant leaking between the first portion and the second portion”, Applicant should note that because the pump of Afshari/Giesler et al. renders obvious Applicant’s gear pump module, it will also meet the functional language. Further, Afshari discloses that O-rings 83 can be used to prevent leakage (paragraph [0037). Unnumbered O-rings are also provided around ports 22 and 24 as can be seen in figure 6A. Regarding the recitation of the gear pump module being for a sealant applications system, Applicant should note that the recitation is an intended use recitation. As it has been held, “a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The examiner submits that the gear pump of Afshari is capable of being used in sealant application system.
Regarding claim 9, first and second portions of the pump of Afshari/Giesler et al. are monolithic structures as can be seen in figure 6A and disclosed in paragraph [0037]. See also figure 1 of Giesler et al.
Regarding claim 11, see paragraph [0037] and figures 6 and 6A of Afshari.
Regarding claim 13, see figures 1 and 6A of Afshari.
Regarding claim 14, see figures 1, 2B and 6A of Afshari.
Regarding claim 15, see figures 1 and 6A of Afshari. Applicant should note that it is conventional to provide such an opening.
Regarding claim 16, Applicant should note that the recitation of the sealant system comprising additively manufactured components is a product-by-process limitation and as such has not been given any patentable weight. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP 2113.
Regarding claim 17, see title and paragraph [0010] of Afshari.
Regarding claim 18, Official Notice is taken in that gears of gear pumps with a non-circular central hole configured to receive and be driven by a drive shaft are old and well known in the art.
With regards to claim 20, Afshari discloses a kit of components that are operable to be assembled to form a sealant application system gear pump module, the kits of components comprising a first portion 80 and a second portion 82, the first portion and the second portion being attached to each other to form a body (paragraph [0037] and figs 2B and 6A) defining an input port 22 (paragraph [0038] and fig. 2B and 6A) detachably connectable to an interface structure (inherent to using the pump), the interface structure comprising an interface for interfacing with a source of fluid including sealant as is known in the art (Afshari discloses that such pump are suitable for viscous liquids, see paragraph [0003]), an output port 24 (paragraph [0038] and figs 2B and 6A) detachably connectable to a nozzle structure (the output port of the pump of Afshari can be connected to a nozzle structure), the nozzle structure comprising a nozzle (inherent) for dispensing liquid including sealant (Afshari discloses that such pump are suitable for viscous liquids, see paragraph [0003]), and a cavity (space between 80 and 82 and figs 1, 2B and 6A) that fluidically connects the input port and the output port (figs 2B and 6A), and a gear pump 40 in the cavity (figs 1 and 6A) and operable to pump liquid (including sealant since Afshari discloses that such pumps are suitable for pumping viscous liquids) received in the input port to the output port (inherent function of a pump), wherein the input port and the output port are formed by attachment of the first portion to the second portion, see figure 6A. In the reply filed October 7, 2025, Applicant contends that end plates 80 and 82 of Afshari are not equivalent to the claimed first portion and second portion because “flow passages 39 and 43 are defined between the end plates 80 and 82, and these flow passages 39 and 43 are associated with ports 22 and 24, respectively, but the ports 22 and 24 are not themselves formed by the attachment.” However, Applicant appears to have taken a narrower definition on what constitute a port in the art. Nonetheless it is known to make inlet and outlet ports of a gear pump in two parts as attested by Giesler et al. wherein the input port 16 and the output port 17 are formed by attachment of a first portion 2 and a second portion 3, see abstract and figures 1, 2A and 2B. 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 ports 22 and 24 of Afshari so that they are formed by attachment of the first and second portions, in light of the teachings of Giesler et al., as a matter of obvious design choice. Regarding the recitation “to improve a strength of connection between the first portion and the second portion and to reduce a likelihood of sealant leaking between the first portion and the second portion”, Applicant should note that because the pump of Afshari/Giesler et al. renders obvious Applicant’s gear pump module, it will also meet the functional language. Further, Afshari discloses that O-rings 83 can be used to prevent leakage (paragraph [0037). Unnumbered O-rings are also provided around ports 22 and 24 as can be seen in figure 6A.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Afshari/Giesler et al. as applied to claim 11 above, and further in view of Li (CN109209861).
Regarding claim 12, Afshari/Giesler et al. discloses a gear pump module as claimed except for the first portion and the second being configured to form a labyrinth seal at their adjoining surfaces. However it is known to configure adjoining surfaces of plates of a gear pump to form a labyrinth seal as attested by Li, see labyrinth seals 9 formed on inner sides of plates 5 and 6 as shown in figures 1 and 5. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the first portion and the second portion Afshari/Giesler et al. such that they form a labyrinth seal at their adjoining surfaces, in light of the teachings of Li, as is known in the art.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Afshari/Giesler et al. as applied to claim 7 above, and further in view of Petro (US Patent 4,682,939).
Afshari/Giesler et al. discloses a sealant application system gear pump module as shown above but does not disclose the input port and the output port comprising male or female threaded fittings. However, Petro disclose a gear pump with female threaded input and output ports fittings, see figure 1. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have provided the input and output ports of Afshari/Giesler et al. sealant application system gear pump with female threaded fittings, in light of the teachings of Petro, in order to be able to easily connect and disconnect the gear pump from other structures as is known in the art.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Afshari/Giesler et al.
Afshari/Giesler et al. discloses a gear pump module as shown above including one or both of the first portion and the second portion comprising internal walls that are sloped, see figures 3-7 of Giesler et al. for example. Although Afshari/Giesler et al. does not specifically disclose the gears each have a tapered profile that defines a conical frustrum shape, however Official Notice is taken in that gears that have a tapered profile that define a conical frustrum shape are old and well known in the art. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have used gears that have a tapered profile that define a conical frustrum shape in the gear pump of Afshari/Giesler et al., as an obvious matter of design choice. Applicant should note that it is within the general skill level of a worker in the art to provide tapered complementary internal walls top accommodate the tapered profile of the gears.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shotton (US Patent 2,651,545) in view of Afshari and Giesler et al.
With regards to claim 1, Shotton discloses a paint/sealant (paint is a sealant) application system comprising an interface structure (12, 21, 23) comprising an interface for interfacing with a source of paint/sealant(mason jar 3), see figures 1-3), a nozzle structure (25, 26, 27) comprising a nozzle 25 for dispensing paint/sealant (col. 3, lines 19-29), and a gear pump module detachably connectable to each of the interface structure and the nozzle structure such that paint/sealant provided at the interface is pumped by the gear pump from the interface to the nozzle (col. 2, lines 42-49 and figures 1-3). Shotton does not disclose the gear pump being as the one recited in claim 7. However, Afshari/Giesler et al. teaches such a gear as outlined above in the rejection of claim 7. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have substituted the gear pump of Shotton for the one taught by Afshari/Giesler et al. as a simple substitution of one know element for another to obtain predictable results. See MPEP 2143 I B.
Regarding claim 2, Applicant should note that drive shafts as recited in the claimed are conventional in operating gear pumps.
Regarding claim 3, see paragraph [0036] of Afshari.
Regarding claim 4, see Fig. 3 of Shotton.
Regarding claim 5, One of ordinary skill in the art would understand such paint/sealant would be provided under pressure.
Regarding claim 6, see paragraph [0003] of Afshari.
Allowable Subject Matter
Claim 21 is 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7, 9, 11-20 and 22 have been considered but are moot because the new ground of rejection rely on a different combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
Contact Information
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/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746