DETAILED ACTION
This Office action is in response to amendments filed 2/5/2026. It should be noted that claims 1, 4, 7, and 16 have been amended.
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.
Claims 7-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stucker 5,791,882.
Stucker discloses, regarding claim 7, a pump assembly 11 (see Figs. 2-3) comprising: a diaphragm (combination of elements 37, 62-64, 67, 69, 84, 86) including a wall 86 defining an interior volume having an opening, a plunger 37 coupled to the wall 86, an inner seal 69 surrounding and extending from a perimeter of the opening, and an outer seal 67 surrounding and spaced apart from the inner seal 69; a plate 31 coupled to the diaphragm (37, 62-64, 67, 69, 84, 86) opposite the plunger 37; and a drive mechanism 49 configured to reciprocate the plunger 37 to perform cycles of compressing and expanding the interior volume, wherein the inner seal 69 and the outer seal 67 engage the plate 31 to inhibit air from entering or escaping the interior volume through an interface between the diaphragm (37, 62-64, 67, 69, 84, 86) and the plate 31; Re claim 8, further comprising a recess formed between the inner seal 69 and the outer seal 67 (clearly shown in Fig. 7); Re claim 9, wherein the inner seal 69 tapers in a direction from the diaphragm towards the plate 31 (clearly shown in Fig. 7); Re claim 10, wherein the outer seal 67 tapers in a direction from the diaphragm towards the plate 31 (clearly shown in Fig. 7); Re claim 11, wherein the inner seal 69 has a first cross-sectional shape, and wherein the outer seal 67 has a second cross-sectional shape that is different than the first cross-sectional shape (these seals are different sizes and configurations - clearly shown in Fig. 7); Re claim 12, wherein the diaphragm (37, 62-64, 67, 69, 84, 86) is a first diaphragm of a plurality of diaphragms (clearly shown in Figs. 5-7); Re claim 13, wherein the inner seal 69 is more flexible than the outer seal 67 (based on 69 being thinning than 67, this is certainly the case at least in some aspect); Re claim 14, wherein the inner seal 69 has an inner wall and an outer wall, wherein the inner wall is parallel to an axis of reciprocation of the plunger 37, and wherein the outer wall is sloped relative to the inner wall (clearly shown in Fig. 7); Re claim 15, wherein the outer seal 67 has an inner wall and an outer wall, wherein the inner wall is parallel to an axis of reciprocation of the plunger, and wherein the outer wall is sloped towards the inner wall (clearly shown in Fig. 7).
Stucker discloses, regarding claim 16, a pump assembly comprising: a diaphragm assembly 33 including a plurality of diaphragms, each diaphragm of the plurality of diaphragms (each individual diaphragm is a combination of elements 37, 62-64, 67, 69, 84, 86) including: a wall 86 defining an interior volume having an opening, a plunger coupled 37 to the wall, an inner seal 69 surrounding and extending from a perimeter of the opening, and an outer seal 67 surrounding and spaced apart from the inner seal 69; a plate 31 coupled to the diaphragm assembly 33; and a drive mechanism 49 configured to reciprocate the plunger 37 of each diaphragm of the plurality of diaphragms to perform cycles of compressing and expanding the interior volume, wherein the inner seal 69 and the outer seal 67 of each diaphragm of the plurality of diaphragms engage the plate 31 to inhibit air from entering or escaping the interior volume through an interface between the diaphragm (37, 62-64, 67, 69, 84, 86) and the plate 31; Re claim 17, wherein the diaphragm assembly 33 is integrally molded as a single component; Re claim 18, wherein the drive mechanism 49 is configured to reciprocate each diaphragm of the plurality of diaphragms sequentially (this is clearly the case); Re claim 19, wherein the inner seal 69 has a first cross-sectional shape, and wherein the outer seal 67 has a second cross-sectional shape that is different than the first cross-sectional shape (these seals are different sizes and configurations - clearly shown in Fig. 7); Re claim 20, wherein the inner seal and the outer seal each include an obliquely oriented outer surface (this is clearly shown in Fig. 7).
Response to Arguments
Applicant's arguments filed 2/5/2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments with respect to claims 7 and 16: Applicant argues that “Stucker fails to disclose or suggest an inner seal that both surrounds and extends from the perimeter of the opening into the diaphragm's interior volume, as required by amended claims 7 and 16.” The Examiner respectfully disagrees.
Inner seal 69 in Stucker absolutely surrounds and extends from the perimeter of the openings. As shown in Figs. 5 and 7, seal 69 surrounds the opening of each of the three diaphragm nodes by forming a triangular shape around all three. This seal also extends from the outer tangential perimeter of each of these three diaphragms (clearly shown in Fig. 5). Therefore, the Examiner maintains that claims 7-20 are anticipated by Stucker.
Allowable Subject Matter
Claims 1-6 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. 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 Peter J Bertheaud whose telephone number is (571)272-3476. The examiner can normally be reached 9am - 5pm M-F.
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PJB
/PETER J BERTHEAUD/Primary Examiner, Art Unit 3746