Prosecution Insights
Last updated: July 17, 2026
Application No. 18/597,571

GEAR PUMP

Non-Final OA §102§103
Filed
Mar 06, 2024
Priority
Mar 07, 2023 — DE 10 2023 105 504.6
Examiner
JARIWALA, CHIRAG
Art Unit
Tech Center
Assignee
Eberspächer Climate Control Systems GmbH
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
9m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
256 granted / 415 resolved
+1.7% vs TC avg
Strong +27% interview lift
Without
With
+26.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
38 currently pending
Career history
475
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
78.8%
+38.8% vs TC avg
§102
7.5%
-32.5% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 415 resolved cases

Office Action

§102 §103
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 . Claim Objections Claims 10 and 15 – 20 are objected to because of the following informalities: Claim 10, line 2: “said second rolling-element bearing” should read --a second rolling-element bearing--. In each of claims 15 – 20, line 1: “The gear pump” should read --The fuel-operated vehicle heating apparatus. Appropriate correction is required. 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 1 – 9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Motohashi et al. (US 2013/0052058 – herein after Motohashi; cited by applicant on IDS dated 08/08/2024). In reference to claim 1, Motohashi discloses a gear pump (1, see ¶23) comprising (see fig. 1): a pump housing (8, see ¶25) defining a conveying chamber (10); a housing cover (9, see ¶26) closing said conveying chamber at least in regions thereof (asserted cover 9 closing left side of the conveying chamber 10 in view of fig. 1); a conveying gear wheel (12, see ¶26) defining a rotation axis (↔ in view of fig. 1) and being rotatable about said rotation axis in said conveying chamber; a drive shaft (18, see ¶49) coupled to said conveying gear wheel (12) for co-rotation therewith about said rotation axis; said conveying gear wheel (12) having first and second axial sides (in view of fig. 1: “first axial side” = right side and “second axial side” = left side); a first bearing unit (unit comprising of second bearing 22 and oil seal 20, see ¶34 – herein after referred as 22+20) for mounting (as evident from fig. 1) said drive shaft (18) on said first axial side (right side) of said conveying gear wheel (12); and, a second bearing unit (unit comprising of first bearing 21, see ¶28 – herein after referred as 21) for mounting (as evident from fig. 1) said drive shaft (18) on said second axial side (left side) of said conveying gear wheel (12). In reference to claim 2, Motohashi discloses the gear pump, wherein at least one of the following applies (see fig. 1): i) said drive shaft (18) is mounted relative to the pump housing (8) via said first bearing unit (22+20); and, ii) said drive shaft (18) is mounted relative to said housing cover (9) via said second bearing unit (21). In reference to claim 3, Motohashi discloses the gear pump, wherein (as evident from fig. 1) said drive shaft (18) is self-supporting between said first bearing unit (22+20) and said second bearing unit (21) [“self-supporting” = shaft is not mounted by way of any other bearing between the asserted first bearing unit and the asserted second unit]. In reference to claim 4, Motohashi discloses the gear pump, wherein (see fig. 1) said first bearing unit (22+20) is at a first axial spacing (spacing in → direction) from said conveying gear wheel (12) and said second bearing unit (21) is at a second axial spacing (spacing in ← direction) from said conveying gear wheel (12); and, said second axial spacing is less than said first axial spacing (as evident from fig. 1). In reference to claim 5, Motohashi discloses the gear pump, wherein said first bearing unit (22+20) includes a first rolling-element bearing (51, 52; see ¶29). In reference to claim 6, Motohashi discloses the gear pump, wherein said first rolling-element bearing (51, 52) includes a ball bearing (see ¶29: second bearing 22 is formed of ball bearings 51, 52). In reference to claim 7, Motohashi discloses the gear pump, wherein (see fig. 1) said first bearing unit (22+20) includes a first shaft seal (20, see ¶34) disposed axially between said first rolling-element bearing (51, 52) and said conveying gear wheel (12); and, said first shaft seal (20) is configured to provide a fluid-tight connection between said drive shaft (18) and said pump housing (8) [the asserted shaft seal 20 is capable of providing fluid-tight connection between shaft 18 and housing 8]. In reference to claim 8, Motohashi discloses the gear pump, wherein said second bearing unit (first bearing 21) includes a second rolling-element bearing (see ¶77: “The first bearing may be a rolling bearing,..”). In reference to claim 9, Motohashi discloses the gear pump, wherein said second rolling-element bearing includes a ball bearing (see ¶77: “When the first bearing is a rolling bearing, the first bearing is desirably formed of a needle roller bearing…If the first bearing is formed of a needle roller bearing instead of a ball bearing, it is possible to easily ensure sufficient assembling efficiency and sufficient space for ports even when the rolling bearing is used”; the disclosure in ¶77 does not exclude use of a ball bearing as the second rolling-element or the second bearing). In reference to claim 11, Motohashi discloses the gear pump, wherein said second bearing unit (first bearing 21) includes a plain bearing bushing (see ¶48: “..the first bearing 21 is a plain bearing such as a bushing,..”). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Motohashi in view of Helbing et al. (US 2010/0196186 – herein after Helbing). Motohashi teaches the gear pump, wherein said second bearing unit (first bearing 21) includes a second rolling-element bearing (see ¶77: “The first bearing may be a rolling bearing,..”). Motohashi remains silent on the gear pump, wherein said second bearing unit includes a second shaft seal axially between the second rolling-element bearing and said conveying gear wheel; and, said second shaft seal is configured to provide a fluid-tight connection between said drive shaft and said housing cover. However, Helbeing teaches the gear pump, wherein said second bearing unit (8.1; bearing unit on left side in fig. 1) includes a second shaft seal (9.1) axially between said second rolling-element bearing (8.1) and said conveying gear wheel (4); and, said second shaft seal (9.1) is configured to provide a fluid-tight connection between said drive shaft (7) and said housing cover (1.1). Helbing teaches a dual, symmetrical sealing architecture for a gear pump where fluid-tight protection is provided on both sides of the conveying gear wheel. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to include a second shaft seal as taught by Helbeing axially between said second rolling-element bearing and said conveying gear wheel in the gear pump of Motohashi for the purpose of obtaining a high sealing effect in the gear pump, as recognized by Helbeing (see ¶9). A person of ordinary skill in the art would recognize that while a single rear oil seal (20) in Motohashi protects the rear bearings, adding a corresponding front shaft seal (as per Helbeing) for the front bearing provides identical protection, thus achieving bidirectional fluid isolation within a multi-bearing pump environment. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Motohashi in view of GGB (“DU Metal-Polymer Antifriction Plain Bearings” – herein after GGB). Motohashi teaches the gear pump, wherein said plain bearing bushing (21) is made using metallic material (see ¶31). Motohashi remains silent on the gear pump, wherein said plain bearing bushing is made using polymer material or composite material. However, GGB teaches a metal-polymer antifriction plain bearing bushing (as per title) for use in pumps (see disclosure under “Applications”). It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to use a metal-polymer antifriction plain bearing bushing as taught by GGB instead of a metal plain bearing/bushing in the gear pump of Motohashi since “DU self-lubricating bushings offer very good wear and low friction performance over a wide range of loads, speeds and temperatures...”, as recognized by GGB (see first paragraph under “Characteristics”). Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Motohashi in view of Kennerknecht, Klaus (DE 102009021493A1 – herein after Klaus). Motohashi does not teach the gear pump, wherein said gear pump is configured for conveying liquid fuel in a fuel-operated heating apparatus. However, Klaus teaches a fuel-operated heating apparatus (see ¶1 of translation and fig. 1), wherein a fuel conveying arrangement (18), for example a metering pump (see ¶15 of translation), conveys fuel. Motohashi discloses that its electric pump can be modified as needed or applied to applications other than transmissions (see ¶78-¶79). Motohashi teaches (as evident from Motohashi’s disclosure as a whole) the gear pump configuration specifically optimized to improve bearing support stiffness, minimize shaft inclination, and reduce operational noise and component wear. Klaus notes that (see ¶2 of translation) modern fuel-operated vehicle heaters face increasingly strict requirements to be inaudible during operational phases, especially when a vehicle is stationary. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to use Motohashi’s gear pump as a fuel conveying/metering pump in fuel-operated heating apparatus of Klaus for meeting acoustics requirements in a fuel-operated heating apparatus. Furthermore, integrating Motohashi’s gear pump to transfer liquid fuel to a burner involves the predictable application of a known-displacement pump to a standard-liquid conveying environment. A skilled artisan would expect the pump to function in the fuel line of Klaus exactly as it does in the transmission line of Motohashi – providing steady, low-noise fluid displacement under variable operating demands. Claims 14 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kennerknecht, Klaus (DE 102009021493A1 – herein after Klaus) in view of Motohashi et al. (US 2013/0052058 – herein after Motohashi; cited by applicant on IDS dated 08/08/2024). In reference to claim 14, Klaus teaches a fuel-operated vehicle heating apparatus (see ¶1 of translation and fig. 1) comprising: a burner region (12; see ¶15 of translation); a fan (16; see ¶15 of translation) configured to supply combustion air to said burner region; a metering pump (18; see ¶15 of translation) communicating with said burner region to supply liquid fuel thereto. Klaus remains silent on the details of a metering pump, specifically the metering pump being a gear pump. However, Motohashi teaches a gear pump (1, see ¶23), said gear pump including (see fig. 1): a pump housing (8, see ¶25) defining a conveying chamber (10); a housing cover (9, see ¶26) closing said conveying chamber at least in a region thereof (asserted cover 9 closing left side of the conveying chamber 10 in view of fig. 1); a conveying gear wheel (12, see ¶26) defining a rotation axis (↔ in view of fig. 1) and being rotatable about said rotation axis in said conveying chamber; a drive shaft (18, see ¶49) coupled to said conveying gear wheel (12) for co-rotation therewith about said rotation axis; said conveying gear wheel (12) having first and second axial sides (in view of fig. 1: “first axial side” = right side and “second axial side” = left side); a first bearing unit (unit comprising of second bearing 22 and oil seal 20, see ¶34 – herein after referred as 22+20) for mounting (as evident from fig. 1) said drive shaft (18) on said first axial side (right side) of said conveying gear wheel (12); and, a second bearing unit (unit comprising of first bearing 21, see ¶28 – herein after referred as 21) for mounting (as evident from fig. 1) said drive shaft (18) on said second axial side (left side) of said conveying gear wheel (12). Klaus notes that (see ¶2 of translation) modern fuel-operated vehicle heaters face increasingly strict requirements to be inaudible during operational phases, especially when a vehicle is stationary. Motohashi teaches (as evident from Motohashi’s disclosure as a whole) the gear pump configuration specifically optimized to improve bearing support stiffness, minimize shaft inclination, and reduce operational noise and component wear. Motohashi discloses that its electric pump can be modified as needed or applied to applications other than transmissions (see ¶78-¶79). Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to use Motohashi’s gear pump as a fuel conveying/metering pump in fuel-operated heating apparatus of Klaus for meeting acoustics requirements in Klaus’s fuel-operated heating apparatus. Furthermore, integrating Motohashi’s gear pump to transfer liquid fuel to the burner involves the predictable application of a known-displacement pump to a standard-liquid conveying environment. A skilled artisan would expect the pump to function in the fuel line of Klaus exactly as it does in the transmission line of Motohashi – providing steady, low-noise fluid displacement under variable operating demands. In reference to claim 15, Motohashi, as modified, teaches the fuel-operated vehicle heating apparatus, wherein (see Motohashi) at least one of the following applies (see fig. 1): i) said drive shaft (18) is mounted relative to the pump housing (8) via said first bearing unit (22+20); and, ii) said drive shaft (18) is mounted relative to said housing cover (9) via said second bearing unit (21). In reference to claim 16, Motohashi, as modified, teaches the fuel-operated vehicle heating apparatus, wherein (see Motohashi; as evident from fig. 1) said drive shaft (18) is self-supporting between said first bearing unit (22+20) and said second bearing unit (21) [“self-supporting” = shaft is not mounted by way of any other bearing between the asserted first bearing unit and the asserted second unit]. In reference to claim 17, Motohashi, as modified, teaches the fuel-operated vehicle heating apparatus, wherein (see Motohashi; fig. 1) said first bearing unit (22+20) is at a first axial spacing (spacing in → direction) from said conveying gear wheel (12) and said second bearing unit (21) is at a second axial spacing (spacing in ← direction) from said conveying gear wheel (12); and, said second axial spacing is less than said first axial spacing (as evident from Motohashi’s fig. 1). In reference to claim 18, Motohashi, as modified, teaches the fuel-operated vehicle heating apparatus, wherein (see Motohashi) said first bearing unit (22+20; fig. 1) includes a first rolling-element bearing (51, 52; see ¶29). In reference to claim 19, Motohashi, as modified, teaches the fuel-operated vehicle heating apparatus, wherein (see Motohashi) said first rolling-element bearing (51, 52; fig. 1) includes a ball bearing (see ¶29: second bearing 22 is formed of ball bearings 51, 52). In reference to claim 20, Motohashi, as modified, teaches the fuel-operated vehicle heating apparatus, wherein (see Motohashi; fig. 1) said first bearing unit (22+20) includes a first shaft seal (20, see ¶34) disposed axially between said first rolling-element bearing (51, 52) and said conveying gear wheel (12); and, said first shaft seal (20) is configured to provide a fluid-tight connection between said drive shaft (18) and said pump housing (8) [the asserted shaft seal 20 is capable of providing fluid-tight connection between shaft 18 and housing 8]. Examiner’s note With respect to reference of Klaus (DE 102009021493A1) used in prior art rejections above: This reference is cited by applicant on IDS dated 03/06/2024 and its provided copy by the applicant has only translation of abstract in English. Examiner has cited this reference on the form 892 for providing, in specific, English translation of Klaus’s specification. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kalidindi et al. (US 2024/0183354) teaches a gear pump, wherein the plain bearing bushing (216/218, see fig. 5) is made using polymer material or composite material (see ¶61: “..the bushings 216, 218 can be dry unlubricated (DU) bushings made of bronze and Teflon™ with steel reinforcement…”). Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIRAG JARIWALA whose telephone number is (571)272-0467. The examiner can normally be reached M-F 8 AM-5 PM. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHIRAG JARIWALA/Examiner, Art Unit 3746 /ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746
Read full office action

Prosecution Timeline

Mar 06, 2024
Application Filed
Jul 06, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
88%
With Interview (+26.7%)
3y 1m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 415 resolved cases by this examiner. Grant probability derived from career allowance rate.

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