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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05 March 2026 has been entered. Claims 14 – 29 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 § 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) 14, 15, 22 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatfield (PG Pub US 20220136493 A1) in view of McCombie (US Patent 5,779,452 A).
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In Re Claim 14, the Figure 8 embodiment of Chatfield discloses a piston compressor (details of the piston compressor 906 are shown in Figures 2 and 3; see paragraphs [0078]-[0080]), comprising: at least two piston/working space combinations (250 and 256; Figure 2; paragraphs [0078]-[0080]), wherein each piston/working space combination includes at least one fluid inlet channel (see in-flow arrows in the top left corner of Figure 2) and one fluid outlet channel (see out-flow arrows in the top left corner of Figure 2), the at least one fluid inlet channel being connected fluidically to a low pressure collecting volume (see annotated figure above), and/or the at least one fluid outlet channel being connected fluidically to a high pressure collecting volume (see annotated figure above), wherein the low pressure collecting volume comprises a first part collecting volume (“ND1” - see annotated figure above; see also 106/124 in Figure 1) and at least one second part collecting volume (“ND2” - see annotated figure above; see also 106/124 in Figure 1), the first part collecting volume and the second part collecting volume being connected fluidically to one another via a first overflow channel (“802”/“NDU1” - see annotated figure above) and at least one second overflow channel (“NDU2” - see annotated figure above), and/or the high pressure collecting volume comprises a first part collecting volume (“HD1” - see annotated figure above; see also 106/124 in Figure 1) and at least one second part collecting volume (“HD2” - see annotated figure above; see also 106/124 in Figure 1), the first part collecting volume of the high pressure collecting volume and the second part collecting volume of the high pressure collecting volume being connected fluidically to one another via a first overflow channel (“852”/“HDU1” - see annotated figure above) of the high pressure collecting volume and at the least one second overflow channel (“HDU2” - see annotated figure above) of the high pressure collecting volume (paragraphs [0078]-[0080], [0140], [0174]; Figures 2, 3, 8).
Although Chatfield discloses part collecting volumes (106 and 124; Figure 1), Chatfield does not explicitly disclose a separating element in which the overflow channels (116, 122) are arranged.
However, McCombie provides a separating element (23) between part collecting volume (25) and pump (21), channels (31, 33, 35) are arranged in the separating element (23) on the other side of pump (21), a separating region (body of 23 separates channels 31, 33 and 35) and a sealing region (surface of 23 that is in contact with pump 21 provides sealing; Column 8, Lines 49 – 57), the separating element (23) is clearly configured as an insertable component (Figures 1 and 2 show it as a separate component inserted between stacked components); Note that McCombie provides another separating element (19) between part collecting volume (41) and pump (21), channels (29, 37, 39) are arranged in the separating element (19) on the other side of the pump (21) (Column 4, Lines 9 – 26; Column 5, Lines 20 – 31; Figure 2).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the overflow channels of Chatfield into a separating element arranged between the part collecting volumes of at least the high pressure collecting volume of Chatfield, in light of the teachings of McCombie because that would provide improved sealing between the part collecting volumes and within the associated channels (Column 8 Lines 45 – 57 of McCombie).
In Re Claim 15, Chatfield discloses that each piston/working space combination comprises a piston (230) and a working space (250), each piston/working space combination being arranged radially around a drive shaft (222)(paragraphs [0080 ],[0081]; Figure 2).
In Re Claim 22, Chatfield discloses 4 overflow channels, the position of two of the 4 overflow channels are on the inlet side, the position of the other two of the 4 overflow channels are on the outlet side. The number (4) and aforementioned positions of the overflow channels correspond to possible resonance pressure oscillations because paragraph [0023] states that unequal length (of the overflow channels) reduces noise including that caused by vibration and resonance at certain frequencies (see also paragraphs [0053],[0173],[0178],[0200]).
In Re Claim 28, the combined references above disclose all the limitations of Claim 14, and Figure 1 of McCombie further discloses that the separating element (23) is configured as an insertable component, such that it can be fixed on the housing (3, 13, 25)(Column 3, Lines 58 – 67).
Claim(s) 16, 17, 23, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatfield (PG Pub US 20220136493 A1) in view of McCombie (US Patent 5,779,452 A) and further in view of Albertson (US Patent 4,963,075 A).
In Re Claim 16, Chatfield and McCombie disclose all the limitations of Claim 14, but they are silent with regards to a removable cover for the housing.
However, Albertson discloses a housing (52) for receiving the piston/working space combinations, and a removable cover (82; screws 90 can be removed)(Column 4, Lines 56 – 60; Column 6, Lines 3 – 8; Figure 2).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the pump (806) of Chatfield in the apparatus of Chatfield / McCombie with the pump (Figure 1) of Albertson because it is only a matter of substituting one piston compressor with another, therefore the results of the substitution are predictable (MPEP 2141, Section III, Rationale B).
In Re Claim 17, the combined references above disclose all the limitations of Claim 14, and Figure 1 of Albertson discloses that part collecting volume (14) and part collecting volume (12) are annular (although Figure 1 does not necessarily depict an annular shape, Column 3, Lines 22 – 25 disclose that the shape can be “circular” -i.e. annular) and are next to one other as depicted. Note that all the conduits in the cited references are also annular and read on the claimed limitation.
In Re Claim 23, the combined references above disclose all the limitations of Claim 14, and Albertson discloses that the outlet valves (94) and the at least one fluid outlet channel (102) are arranged radially with respect to the longitudinal axis (central axis of the rotating shaft 32)(Column 5, Line 15 and Lines 44 – 45; Figures 1, 2).
In Re Claim 26, the combined references above disclose all the limitations of Claim 14, and Albertson discloses that the high pressure collecting volume (12) and/or the low pressure collecting volume (14) are/is configured by or composed from at least two components (114) and (116) of the piston compressor (Figures 2, 3).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatfield (PG Pub US 20220136493 A1) in view of McCombie (US Patent 5,779,452 A) and further in view of Earhart (US Patent 5,842,351 A).
In Re Claim 20, Chatfield and McCombie disclose all the limitations of Claim 14, and Ring discloses a low pressure inlet (42a) and a high pressure outlet (42d), but they do not disclose that the low pressure inlet or the high pressure outlet are offset in a circumferential direction.
However, the Figure 3A and 3B embodiments of Earhart discloses a pressure inlet/outlet (70) that is/are offset in a circumferential direction to the overflow channel (54) and overflow channel (56) because (58; Figure 3A) connects to (54; Figure 2) via circumferential piece (64), and (60; Figure 3A) connects to (56; Figure 2) via circumferential piece (66) (Column 3, Lines 9 – 29 and 41 – 49).
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 modify the low pressure inlet and/or the high pressure outlet of Chatfield / McCombie such that they are offset in a circumferential direction with respect to the overflow channels as taught by Earhart because it is only a matter of substituting the shape of the part collecting volumes of Chatfield with the shape of the part collecting volumes of Earhart so the results of the substitution are predictable (MPEP 2141, Section III, Rationale B). Evidence of predictability is present in the Figure 3E embodiment of Earhart which has the shape disclosed by the low pressure inlet high pressure outlet of Chatfield.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatfield (PG Pub US 20220136493 A1) in view of McCombie (US Patent 5,779,452 A) and further in view of Ring (US Patent 5,507,151 A).
In Re Claim 21, Chatfield and McCombie disclose all the limitations of Claim 14, but they do not disclose that the overflow channels have the same spacing and / or cover the same path.
However, Ring discloses that the overflow channels (46, 49) are arranged in the high pressure collecting volume have the same spacing (they run parallel to each other) from a high pressure outlet channel (42d/20) and/or the fluid from two passages (bores of 46, 49) covers the same path (46 and 49 have equal length), and/or in that the overflow channels (38, 40) are arranged in the low pressure collecting volume in such a way that they are at the same spacing (they run parallel to each other) from a low pressure inlet channel (42a/18) and/or the fluid from two passages (bores of 38, 40) covers the same path (38 and 40 have equal length) (Column 3, Lines 18 – 51; Figure 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to design the overflow channels of Chatfield in the apparatus of Chatfield / McCombie such that the overflow channels have the same spacing and / or cover the same path as taught by Ring for the purpose of simplifying the apparatus of Chatfield (which requires special shapes and length of an overflow channel).
Claim(s) 24 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatfield (PG Pub US 20220136493 A1) in view of McCombie (US Patent 5,779,452 A) and further in view of Winton (US Patent 0,423,298 A).
In Re Claim 24 and 27, Chatfield and McCombie disclose all the limitations of Claim 18, but they do not explicitly disclose that the separating element comprises different materials.
However, Winton discloses a separating element (“C”; Figure 4; Page 1, Column 2, Lines 63 – 70) comprising rubber and metal which are different materials, the disclosed rubber is a sealing material, and the channels (e3, e’) are vulcanized-on (Page 1, Column 2, Lines 77 – 101).
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 form the separating element (port plate 23) of McCombie in the device of Chatfield/McCombie of different materials that provide sealing and vulcanize the channels as taught by Winton because it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use (See MPEP 2144.07 In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960)).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albertson (US Patent 4,963,075 A) in view of Ring (US Patent 5,507,151 A) and further in view of Earhart (US Patent 5,842,351 A).
In Re Claim 29, Albertson discloses a piston compressor (the disclosed pump is capable of use as a compressor because a compressor is a type of pump where the pumped fluid is a gas, the type of fluid being pumped is an intended use for the pump which does not structurally distinguish over the prior art because it has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. - Ex parte Masham, 2 USPQ2d 1647 (1987); additionally, the recitation has not been given patentable weight because the recitation occurs in the preamble: a preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951)), comprising: at least two piston/working space combinations (50, 72; Figures 1, 2; Column 4, Lines 47 – 49; Column 5, Lines 50 – 51), wherein each piston/working space combination includes at least one fluid inlet channel (100) and one fluid outlet channel (102), the at least one fluid inlet channel being connected fluidically to a low pressure collecting volume (14), and/or the at least one fluid outlet channel being connected fluidically to a high pressure collecting volume (12) (Column 6, Lines 40 – 45; Figures 1, 2).
Although portions of the low/high pressure collecting volumes can be designated an overflow channel, Albertson does not explicitly disclose that the first part collecting volume and the second part collecting volume being connected fluidically to one another via a first overflow channel and at least one second overflow channel.
However, Ring discloses a low pressure collecting volume (42a, 38, 40, 42b) and a high pressure collecting volume (42c, 46, 49, 42d) connecting to compressor (12)’s fluid inlet channel (34) and fluid outlet channel (36) respectively, wherein the low pressure collecting volume comprises a first part collecting volume (42a) and at least one second part collecting volume (42b), the first part collecting volume and the second part collecting volume being connected fluidically to one another via a first overflow channel (38) and at least one second overflow channel (40), and/or the high pressure collecting volume comprises a first part collecting volume (42c) and at least one second part collecting volume (42d), the first part collecting volume of the high pressure collecting volume and the second part collecting volume of the high pressure collecting volume being connected fluidically to one another via a first overflow channel (46) of the high pressure collecting volume and at least one second overflow channel (49) of the high pressure collecting volume, the overflow channels (46, 49) are arranged in the high pressure collecting volume have the same spacing (they run parallel to each other) from a high pressure outlet channel (42d/20) and/or the fluid from two passages (bores of 46, 49) covers the same path (46 and 49 have equal length), and/or in that the overflow channels (38, 40) are arranged in the low pressure collecting volume in such a way that they are at the same spacing (they run parallel to each other) from a low pressure inlet channel (42a/18) and/or the fluid from two passages (bores of 38, 40) covers the same path (38 and 40 have equal length) (Column 3, Lines 18 – 51; Figure 1).
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 connect the first part collecting volume/overflow channels (42a, 38, 40) as taught by Ring to the second part collecting volume (14) of Albertson and to connect the overflow channels/second part collecting volume (46, 49, 42d) as taught by Ring to the first part collecting volume (12) of Albertson for the purpose of reducing noise (Column 2, Lines 32 – 54 of Ring).
Although Ring discloses a low pressure inlet (42a) and a high pressure outlet (42d), Albertson and Ring do not disclose that the low pressure inlet or the high pressure outlet are offset in a circumferential direction.
However, the Figure 3A and 3B embodiments of Earhart teach a pressure inlet/outlet (70) that is/are offset in a circumferential direction to the overflow channel (54) and overflow channel (56) because (58; Figure 3A) connects to (54; Figure 2) via circumferential piece (64), and (60; Figure 3A) connects to (56; Figure 2) via circumferential piece (66) (Column 3, Lines 9 – 29 and 41 – 49).
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 modify the low pressure inlet and/or the high pressure outlet of Albertson / Ring such that they are offset in a circumferential direction with respect to the overflow channels as taught by Earhart because it is only a matter of substituting the shape of the part collecting volumes of Ring with the shape of the part collecting volumes of Earhart so the results of the substitution are predictable (MPEP 2141, Section III, Rationale B). Evidence of predictability is present in the Figure 3E embodiment of Earhart which has the shape disclosed by the low pressure inlet (42a) and high pressure outlet (42d) of Ring.
Response to Arguments
Applicant has argued on Page 7 of Applicant’s Response that “As amended, independent claim 14 includes a separate (configured as an insertable
component) separating element positioned within the collecting volume, which combines, in a single structural component, a separating region for dividing partial collecting volumes, a sealing region for providing a fluid-tight interface, and integrated overflow channels enabling fluid communication. Such features therefore structurally integrate separation, sealing, and flow guidance within a single insertable component. None of the cited references teaches such features in combination with the rest of the features of claim 14. To the contrary, in the cited references, separation, sealing, and flow guidance are realized by different structural components or by features formed integrally with the housing itself rather than by an insertable component. The cited references do not provide any teaching or suggestion to consolidate these features into a single, separately manufactured and insertable component that is structurally independent of the manifold housing and at the same time defines the overflow channels”.
Examiner’s Response: The McCombie reference cited in the previous office action clearly discloses a separating element (23; Figures 1, 2) configured as an insertable component between a pumping assembly (21; Figures 1, 2) and part collecting volume (25; Figures 1, 2) as depicted in Figures 1 and 2. Contrary to applicant’s assertion, the separating element (23) of McCombie combines in a single structural component (as best seen in Figure 2), a separating region (body of 23 clearly separates 21 from 25, both 21 and 25 contain collecting volumes), a sealing region (surfaces of 23 that contact 21 and 25 must perform the sealing function as stated in Column 8, Lines 49 – 57), integrated overflow channels (37; Figure 2) that guide the flow from (21) to (25) within the singe insertable component (23) that is independent of any manifold housing.
Applicant has argued on Page 8 of Applicant’s Response that “independent claim 29 includes that a low-pressure inlet and/or high-pressure outlet are arranged circumferentially offset relative to the respective overflow channels, and that the overflow channels are positioned such that they have the same circumferential distance from the respective inlet or outlet, or that the fluid travels the same path length from both passages. In contrast, the cited references appear to relate to channels that are merely arranged linearly or axially with equal length, but not circumferentially within a ring-shaped collecting volume. The combination of features now recited in independent claim 29 therefore results in a specific geometric configuration that is not taught or suggested by the cited references”.
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Examiner’s Response: Contrary to applicant’s assertion, as evidenced by the annotated figures above, the Earhart reference cited in the previous office action clearly discloses a high-pressure outlet (70) arranged circumferentially offset (shaded region 64/66 is the circumferential direction) relative to the respective overflow channels (54, 56) because (54) connects to (58) and (56) connects to (60) at the tips of the annotated double sided arrows in the annotated figure above, and that the overflow channels (the leg portions annotated above) are positioned such that they have the same circumferential distance from the outlet (70), and the fluid travels the same path length (see annotated figure above, both path lengths are equal) from both overflow passages/channels (where they connect at 58 and 60). The claims recite a circumferential direction, which is not necessarily a ring shaped collecting volume (there is no recitation of a ring shaped collecting volume – even if there were, there is no criticality to the ring shape mentioned in the specification, so the ring shape is only a matter of obvious design choice).
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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/D.G.K/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746
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