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 Objections
Claim 1 recites “the cylindrical first end”, this should be amended to read “the circular first end” to correspond to previous recitations of this limitation. Similar changes should be made throughout the claims where this mismatch occurs.
Claim 14 contains awkward phrasing such as “said fluid passage having a further comprising…”. The examiner recommends removing either the term further.
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 12 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.
Claim 12 recites “…to said plurality of electrical components within said cavity…This is unclear because multiple cavities are recited in Claim 8 from which Claim 12 depends, clarifying language is required.
Claim 15 recites “…a cammed surface for axial movement of blades and vanes…”. It is not clear that these are the same blades and vanes previously claimed; the examiner recommends adding the phrase “the plurality of blades and vanes”.
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 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berry (US PGPub No. 2020/0014277).
Berry teaches:
limitations from claim 1, a motor and pump assembly (2) comprising: a motor housing (6) comprising a circular first end spaced by a cylindrical wall to a circular second end (see FIG. 2 and FIG. 14; paragraph 36), a motor housing cavity formed therebetween within said cylindrical wall (see FIG. 14), the circular first end having an opening for receiving a motor (24), the circular second end formed by a bell wall (top of housing 6 in FIG. 14); the cylindrical first end and circular second end sharing a longitudinal axis that extends concentrically from said first and second ends (see annotated FIG. 14 below); a pump housing (4) comprising a pump housing cavity for nesting a pump having a rotor (60) comprising a plurality of blades (FIG. 2-3; paragraph 38) and vanes (62) for rotational movement (see FIG. 1 and FIG. 14; paragraph 37), the rotor coupling to a motor shaft (30) of said motor during use; and said pump housing cavity further formed by said cylindrical wall of said motor housing (6) cavity (FIG. 14), wherein said cylindrical wall has an inner surface and an outer surface, wherein said outer surface runs parallel longitudinally about said longitudinal axis and said inner surface runs transversely about said longitudinal axis (see annotated FIG. 14 below);
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limitations from claim 6 further comprising a pump enclosure (4) that separates the placement of said motor within said motor housing from said pump to form an explosion proof motor pump assembly (the structure of Berry meets the limitations of the claim, and therefore performs the function);
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Claim(s) 1-4 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burch et al (US Patent No. 8,535,014).
Burch teaches:
limitations from claim 1, a motor (110) and pump (300) assembly comprising: a motor housing (100) comprising a circular first end (210 at the bottom of FIG. 1) spaced by a cylindrical wall to a circular second end (210 at the top of FIG. 1), a motor housing cavity formed therebetween within said cylindrical wall, the circular first end having an opening (210) for receiving a motor (see FIG. 1), the circular second end formed by a bell wall (FIG. 1); the cylindrical first end and circular second end sharing a longitudinal axis that extends concentrically from said first and second ends (see annotated FIG. 1 below); a pump housing (305) comprising a pump housing cavity for nesting a pump having a rotor comprising a plurality of blades and vanes for rotational movement (310; see FIG. 1; C. 3 Lines 4-9 disclosing an impeller which includes blades/vanes), the rotor coupling to a motor shaft of said motor during use (C. 3 Lines 4-9 teaches that the motor drives the impeller, FIG. 1 shows an unlabeled shaft between the two); and said pump housing cavity further formed by said cylindrical wall of said motor housing cavity, wherein said cylindrical wall has an inner surface and an outer surface, wherein said outer surface runs parallel longitudinally about said longitudinal axis and said inner surface runs transversely about said longitudinal axis (see annotated FIG. 1 below);
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limitations from claim 2, wherein said inner surface forms a frustoconical cavity (see annotated FIG. 1 below);
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limitations from claim 3, wherein said inner wall surface includes a tapered wall thickness from said cylindrical first end to said cylindrical second end (see annotated FIG. 1 below);
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limitations from claim 4, wherein said motor housing cavity forms an air gap between said motor and said inner wall surface of said motor housing to dissipate heat of the motor during operation (see annotated FIG. 1 below);
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limitations from claim 7, further comprising a cable gland assembly (90) for providing a passage of a power cable (98) to a plurality of electrical components (see components in FIG. 1 and FIG. 4, such as a switch 20, capacitor 82, and relay 84) within a switch plate cavity (21) that is enclosed by a switch plate cover (12) to collectively form an explosion proof motor and pump assembly (C. 2 Lines 41-51);
Claim(s) 15 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Whitefield (US Patent No. 5,810,568).
Whitefield teaches:
limitations from claim 15, a motor and pump arrangement (FIG. 6) comprising: a motor (1) and pump housing defined by a cylindrical cavity having an opening at a first end and a bell wall at a second end (FIG. 6), the opening for receiving a motor (20, 26), a pump enclosure (16), and pump (5), such that said pump enclosure spaces said motor from said pump within said motor and pump housing (see FIG. 6); said pump having a rotor (5) comprising a plurality of blades and vanes (C. 5 Lines 66-67) for rotational movement within a fluid passage (chamber in which the rotor 5 is placed, with ports 8, 9), the rotor coupling to a motor shaft (4) of said motor during use; and said fluid passage connecting an input passage (8) to an output passage (9), wherein said fluid passage comprises a cammed surface for axial movement of blades and vanes during rotation of said rotor (C. 5 Line 66 through C. 7 Line 1);
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limitations from claim 17, further comprising a pump enclosure (16) having a fluid passage (chamber in which the rotor 5 is placed, with ports 8, 9) for supporting said rotor and an inlet channel (8) in fluid communication with said fluid passage and said input passage, and said pump enclosure further comprising an outlet channel (9) in fluid communication with said fluid passage and said outlet passage (FIG. 3; C. 3 Lines 1-15);
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burch et al (US Patent No. 8,535,014) as applied to claim 1 above, and in further view of NPL to Larson (herein Larson).
Burch teaches constructing the pump of non-sparking materials, but does not specify a particular material such as a metal;
However, Larson teaches that materials such as non-ferrous metals are commonly used in explosion-proof equipment (see Page 2 under “Explosion Proof Materials”);
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 housing of the pump of Burch from a metal, such as is taught by Larson, in order to reduce the formation of sparks and to maintain an explosion-resistant pump assembly.
Claim(s) 8, 10, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burch et al (US Patent No. 8,535,014) in view of Wavering (US Patent No. 9,064,646) as evidenced by Wenger et al (US PGPub No. 2020/0217323).
Burch teaches:
limitations from claim 8 motor (110) and pump (300) assembly comprising: a motor housing (100) comprising a shroud forming a cavity for positioning a motor (110; FIG. 1) therein with an opening (210) for receiving the motor during installation at a first end (210 at the bottom of FIG. 1) and a bell wall at a second end (210 at the top of FIG. 1); a pump (300) that when rotatably coupled to a motor provides for the transfer of fluid from the pump; a switch plate (~210, see annotated FIG. 1 below) comprising a plurality of electrical components (26, 82, 84, etc) for providing power to a motor that is positioned in said motor housing during use (C. 3 Lines 41-49), the switch plate having an exterior surface and an interior surface, the interior surface having at least one cavity for supporting said plurality of electrical components therein (see annotated FIG. 1 below); a switch arm (40) for activating said motor from an on position to an off position;
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Burch does not teach a locking mechanism for the switch arm;
Wavering teaches a locking mechanism for a switch (FIG. 1), including a sleeve (30) for supporting a locking bolt (36) of a lock on said exterior surface (of box 22); and an aperture (50; FIG. 2) located in a switch arm (~44) for the passage of said locking bolt to prevent said switch arm from moving from said off position to said on position (C. 3 Lines 8-22 for example);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to provide a locking mechanism in the pump of Burch, similar to that as taught by Wavering, in order to prevent unintentional activation of the pump (see for evidence FIG. 1 and paragraph 29 of Wenger, teaching that lockout mechanisms for pump switch arms are known).
Burch further teaches:
limitations from claim 10, further comprising a pump enclosure (305) that separates the placement of a motor (200) within said motor housing from said pump (300) to form an explosion proof motor and pump assembly (see FIG. 1);
limitations from claim 12, further comprising a cable gland assembly (90) for providing a passage of a power cable (98) to said plurality of electrical components within said cavity (see components in FIG. 1 and FIG. 4, such as a switch 20, capacitor 82, and relay 84) that is enclosed by a switch plate cover (12) to collectively form an explosion proof motor assembly;
limitations from claim 13, further comprising a motor (300);
Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burch et al (US Patent No. 8,535,014) in view of Wavering (US Patent No. 9,064,646) as evidenced by Wenger et al (US PGPub No. 2020/0217323) as applied to claim 8 above, and in further view of NPL to Larson (herein Larson).
Regarding claim 9:
Burch teaches constructing the pump of non-sparking materials, but does not specify a particular material such as a metal;
However, Larson teaches that materials such as non-ferrous metals are commonly used in explosion-proof equipment (see Page 2 under “Explosion Proof Materials”);
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 housing of the pump of Burch from a metal, such as is taught by Larson, in order to reduce the formation of sparks and to maintain an explosion-resistant pump assembly.
Burch further teaches:
limitations from claim 11, further comprising a pump enclosure (305) that separates the placement of a motor (200) within said motor housing from said pump (300) to form an explosion proof motor and pump assembly (see FIG. 1);
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burch et al (US Patent No. 8,535,014) in view of Wavering (US Patent No. 9,064,646) as evidenced by Wenger et al (US PGPub No. 2020/0217323) as applied to claim 8 above, and in further view of Okamoto et al (US PGPub No. 2016/0233814).
Burch teaches a vaned impeller (310) rather than a vane pump having axially moving vanes;
However, Okamoto teaches an electric pump (1) in which a pump enclosure (80) houses a pump (3); and wherein the pump is alternatively a vane-type pump or an impeller pump (paragraph 70);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to substitute one known pump type for another, such as the vane pump of Okamoto for the impeller pump of Burch, as a matter of design choice to reach an expected result (i.e. pumping a fluid).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 9059533 teaches a switch lock;
US 3612726, 2020/0235630, and 2014/0199165 teach pumps having bell-shaped housings.
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