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 .
Response to Amendment
The Amendment filed 04/01/2026 has been entered. Claims 1-4, 6-8 & 10-20 are pending in the application. Claims 5 & 9 are cancelled.
Election/Restrictions
Claim 1 is directed to an allowable product. Pursuant to the procedures set forth in MPEP § 821.04(B), Claims 19-20, directed to the process of making or using an allowable product, previously withdrawn from consideration as a result of a restriction requirement, are hereby rejoined and fully examined for patentability under 37 CFR 1.104.
Because all claims previously withdrawn from consideration under 37 CFR 1.142 have been rejoined, the restriction requirement as set forth in the Office action mailed on 04/11/2025 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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 following must be shown or the feature(s) canceled from the claim(s).
The piston first position; it appears this is Figure 5, but it is not clear from the disclosure; simply stating Figure 5 shows the first position should overcome this objection
The piston second position; it appears this is Figure 6, but it is not clear from the disclosure; simply stating Figure 6 shows the second position should overcome this objection
The piston third position; it appears this is Figure 7, but it is not clear from the disclosure; simply stating Figure 7 shows the third position should overcome this objection
The piston fourth position; it appears this is Figure 8, but it is not clear from the disclosure; simply stating Figure 8 shows the fourth position should overcome this objection
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.
Specification
The disclosure is objected to because of the following informalities.
The descriptions for each of the piston first, second, third, and fourth positions have conflicting language, and do not appear to correlate with instant application Figures 5-8
Appropriate correction is required.
Claim Objections
Claims 1-4, 6-8 & 10-20 are objected to because of the following informalities.
Claim 1 should read --A metering pump assembly comprising:
a motor, wherein the motor comprises a motor shaft positioned along an axis aligned with the motor shaft, wherein the motor shaft moves in a rotational manner along an axis of the motor shaft when energized by the motor;
a pump housing, wherein the pump housing comprises a trailing end and a closed leading end;
a piston positioned within the pump housing, wherein the piston comprises a trailing end and a leading end, wherein the trailing end of the piston is connected to the motor shaft and the motor along the axis of the motor shaft, wherein a space is provided between the leading end of the piston and the closed leading end of the pump housing, wherein the space fluctuates in size depending on a position of the piston within the pump housing;
an inlet port, wherein the inlet port extends through the pump housing;
an outlet port, wherein the outlet port extends through the pump housing;
a first barrel cam half, wherein the first barrel cam half comprises a first barrel cam half first angled cam edge, a first barrel cam half second angled cam edge on a side opposing the first barrel cam half first angled cam edge, wherein the first barrel cam half first angled cam edge and the first barrel cam half second angled cam edge converge to form a first barrel cam half first cam flat on a first barrel cam half trailing end and wherein the first barrel cam half first angled cam edge and the first barrel cam half second angled cam edge converge to form a first barrel cam half second cam flat on a first barrel cam half leading end, wherein the first barrel cam flat first cam flat and the first barrel cam flat second cam flat are positioned to face a first same direction;
a second barrel cam half, wherein the second barrel cam half comprises a second barrel cam half first angled cam edge, a second barrel cam half second angled cam edge on a side opposing the second barrel cam half first angled cam edge, wherein the second barrel cam half first angled cam edge and the second barrel cam half second angled cam edge converge to form a second barrel cam half first cam flat on a second barrel cam half trailing end and wherein the second barrel cam half first angled cam edge and the second barrel cam half second angled cam edge converge to form a second barrel cam half second cam flat on a second barrel cam half leading end, wherein the second barrel cam flat first cam flat and the second barrel cam flat second cam flat are positioned to face a second same direction;
a cam follower pin, wherein the cam follower pin is positioned within a peripheral slot between the first barrel cam half and the second barrel cam half,
wherein the first barrel cam half and the second barrel cam half circumscribe the piston,
wherein rotational movement of the motor shaft imparts rotational movement upon the piston and indirectly imparts reciprocal movement of the piston through movement of the cam follower pin within the peripheral slot between the first barrel cam half and the second barrel cam half, and
wherein the piston remains aligned with the axis of the motor shaft during rotational and reciprocal movement of the piston without having to angle the piston with respect to the motor shaft to generate reciprocal movement of the piston within the pump housing.—
Claim 12 should read --The metering pump assembly of claim 10, wherein the piston is positioned in a second position and wherein the D-shaped cutout is oriented in a second position within the pump housing opening access to the inlet port
Claim 13 should read --The metering pump assembly of claim 10, wherein movement of the piston to a third position by the motor shaft causes the piston to rotate and move toward the trailing end of the pump housing, thereby allowing the first piston shut off edge to pass over the outlet port to close access to the outlet port, preventing fluid from entering the outlet port, the fluid to pass from the internal piston cavity through the opening in the leading bearing hoop and into the space provided between the leading end of the piston and the closed leading end of the pump housing.--; this amendment aligns the claim in accordance with instant application Page 3, Lines 8-11, and Figure 7
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 19-20 are 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.
As to Claim 19, the preamble should read --A method of manufacturing [[a]]the metering pump assembly of claim 1.
The limitation “the motor is capable of energizing the motor shaft to impart rotational movement upon the motor shaft”, in Lines 4-5, is indefinite. Claim 1, Lines 3-4, cites “the motor shaft moves in a rotational manner along an axis of the motor shaft when energized by the motor”, which is the same functional language as Claim 19, Lines 4-5. As such, it is not clear why the functional language is repeated in Claim 19, rendering the claim indefinite.
The limitation “the inlet port and outlet port and integrated within the pump housing”, in Line 7 should read --the inlet port and outlet port are integrated within the pump housing.
As to Claim 20, the preamble should read --A method of operating [[a]]the metering pump assembly of claim 14 comprising.
The phrase “the first position”, in Line 3, lacks antecedent basis.
The term “D-shaped cutout”, in Lines 4, 10, 21 & 23 should read –“D” Shaped cutout.
The phrase “causing the piston rotate”, in Line 7, should read –causing the piston to rotate.
The term “fluid”, in Lines 9, 11 & 17, is indefinite. It is not clear if the fluid in Lines 9, 11, or 17 is the same fluid defined in Claim 14, Line 4, or if the respective fluids are different.
The term “fluid”, in Line , is indefinite. It is not clear if the fluid in Line 9 is the same fluid defined in Claim 14, Line 4, or if the respective fluids are different.
The limitation “positioning the piston in a third position, wherein the third position is obtained by the motor shaft causing the piston to rotate and move toward the leading end of the pump housing, thereby allowing the first piston shut off edge to pass over the outlet port to open access to the outlet port, allowing fluid to pass from the space provided between the leading end of the piston and the closed leading end of the pump housing, enter the opening in the leading bearing hoop into the internal piston cavity provided by the internal cutout within the body of the piston, exit the internal piston cavity through the opening in the D-shaped cutout and exit the outlet port”, in Lines 14-21, is indefinite in light of the specification. Although the disclosure has conflicting descriptions, it appears the third position is shown in instant application Figure 7, which shows both inlet port 19 and outlet port 20 blocked by piston 5. As such, it is not clear how either of the port can be open, as claimed.
The limitation “positioning the piston in a fourth position, wherein the D-shaped cutout is oriented in a position corresponding to the fourth position of the piston within the pump housing, wherein access to the inlet port and to the outlet port is closed”, in Lines 22-24, is indefinite.
The term “a fourth position” should read –the fourth position.
Claim 14 describes the fourth position as a position of the piston where the outlet port is open. However, Claim 20 claims the outlet port is closed in the fourth position. As such, it is not clear if the outlet port should be open or closed when the piston is in the fourth position, rendering the claim indefinite.
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 1-4, 6-8 & 10-18 would be allowed once the formal requirements are addressed.
Claims 19-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 04/01/2026 have been fully considered but they are not persuasive.
The rejoinder of the withdrawn claims resulted in new 112 rejections. The review of the withdrawn claims also revealed inconsistencies with the original disclosure, which are addressed above as objections to the specification and claims. Applicant should carefully review how each of the respective piston positions are described in the specification, since multiple conflicting descriptions have been provided.
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 DAVID BRANDT whose telephone number is (303)297-4776. The examiner can normally be reached Monday-Thursday 10-6, MT.
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, Bhisma Mehta can be reached at (571) 272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID N BRANDT/ Primary Examiner, Art Unit 3783
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