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 1, 5, 6, 15, and 16 are objected to because of the following informalities:
In claim 1, line 7, “said liquid” should be changed to -- liquid --.
In claim 1, line 12, “said liquid” should be changed to -- liquid --.
In claim 5, line 1, “claim1” should be changed to – claim 1 --.
In claim 6, line 5, “the liquid” should be changed to -- liquid --.
In claim 15, line 1, “The Pump” should be changed to – the pump --.
In claim 16, line 7, “said liquid” should be changed to -- liquid --.
In claim 16, line 12, “said liquid” should be changed to -- liquid --.
In claim 16, line 17, “the liquid” should be changed to -- liquid --.
In claim 16, line 17, “said liquid” should be changed to – said liquid passing through said at least one restriction --.
Appropriate corrections are 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 1-2, 4-9, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogawa (U.S. 4,437,821), hereinafter referred to as Ogawa (U.S. 4,437,821).
As to claim 1, Ogawa discloses an improved liquid pump comprising at least one rotating pumping member (rotor 4, Figure 1) and a drive shaft (shaft 2, Figure 1) rigidly constrained (spine coupling, column 1, line 18) to said at least one rotating pumping member and configured to drive said at least one rotating pumping member into rotation, said at least one rotating pumping member being completely housed in a pumping chamber formed within a pump casing (housing 6-7, Figure 1), said drive shaft being partially housed within said pump casing (see Figure 1), between said drive shaft and said pump casing there being provided at least one liquid-tight seal (seal 10, Figure 1) for preventing leakage of said liquid along said drive shaft, said pump comprising a suction duct (inlet duct 12, Figure 2) in liquid communication with said pumping chamber and a delivery duct (outlet duct 13, Figure 2) in liquid communication with said pumping chamber, characterized in that inside said pump casing a flushing chamber (working chamber 8, Figure 1) is formed in liquid communication with said suction duct or with said delivery duct, said drive shaft passing through said flushing chamber, said at least one seal having at least one portion facing said flushing chamber so that the flow of said liquid running inside said flushing chamber laps said portion of said seal (see Figure 1).
As to claim 2, Ogawa discloses the pump wherein said suction duct, or said delivery duct, which is in direct liquid communication with said flushing chamber, has a main extension direction, said flushing chamber being arranged within said pump casing aligned with said main extension direction of said suction duct or of said delivery duct (see Figure 2).
As to claim 4, Ogawa discloses the pump wherein said flushing chamber is arranged upstream of said pumping chamber, in direct liquid communication with said suction duct (working chamber 8 is in communication with inlet duct 12 and outlet duct 13, and both upstream and downstream of housing 6-7, depending on stage of flow, Figure 1).
As to claim 5, Ogawa discloses the pump wherein said flushing chamber is arranged downstream of said pumping chamber, in direct liquid communication with said delivery duct (working chamber 8 is in communication with inlet duct 12 and outlet duct 13, and both upstream and downstream of housing 6-7, depending on stage of flow, Figure 1).
As to claim 6, Ogawa discloses the pump comprising a suction mouth (mouth of inlet duct 12, Figure 2), in liquid communication with said suction duct, and a delivery mouth (mouth of outlet duct 12, Figure 2), in liquid communication with said delivery duct, in at least one point along the liquid path within said pump, between said suction mouth and said delivery mouth, said pump comprising at least one restriction (restrictions formed between walls of housing 6-7 and rotor 4, formed at/between mouths of inlet duct 12 and outlet duct 13, Figure 2) capable of generating an emulsion of the liquid passing through said at least one restriction .
As to claim 7, Ogawa discloses their pump would be capable of emulsifying milk and, that said at least one restriction would be capable of generate a milk emulsion. Regarding these limitations, per MPEP 2115, inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.
As to claim 8, Ogawa discloses the pump wherein said at least one restriction consists of an emulsion orifice formed at said delivery mouth (restriction formed between walls of housing 6-7 and rotor 4, formed at mouth of outlet duct 13, Figure 2).
As to claim 9, Ogawa discloses the pump wherein said at least one restriction consists of a reduced cross-section duct formed within said pump casing between said flushing chamber and said pumping chamber (restrictions formed between walls of housing 6-7 and rotor 4, formed at/between mouths of inlet duct 12 and outlet duct 13, Figure 2).
As to claim 14, Ogawa discloses the pump wherein said flushing chamber is arranged downstream of said pumping chamber and downstream of said restriction , said seal being a low-pressure seal (working chamber 8 is downstream of housing 6-7 and downstream of restriction at mouth of inlet duct 12, Figures 1-2).
As to claim 15, Ogawa discloses the pump wherein said pumping chamber and said flushing chamber are in liquid communication with each other by means of a duct formed within said pump casing (duct passageway connecting working chamber 8 with rest of housing 6-7, Figure 1).
As to claim 16, Ogawa discloses a pump for emulsifying milk comprising at least one rotating pumping member (rotor 4, Figure 1) and a drive shaft (shaft 2, Figure 1) rigidly constrained (spine coupling, column 1, line 18) to said at least one rotating pumping member and configured to drive said at least one rotating pumping member into rotation, said at least one rotating pumping member being completely housed in a pumping chamber formed within a pump casing (housing 6-7, Figure 1), said drive shaft being partially housed within said pump casing (see Figure 1), between said drive shaft and said pump casing there being provided at least one liquid-tight seal (seal 10, Figure 1) for preventing leakage of said liquid along said drive shaft, said pump comprising a suction duct (inlet duct 12, Figure 2) in liquid communication with said pumping chamber and a delivery duct (outlet duct 13, Figure 2) in liquid communication with said pumping chamber, inside said pump casing a flushing chamber (working chamber 8, Figure 1) is formed in liquid communication with said suction duct or with said delivery duct (see Figure 1), said drive shaft passing through said flushing chamber (see Figure 1), said at least one seal having at least one portion facing said flushing chamber so that the flow of said liquid running inside said flushing chamber laps said portion of said seal (see Figure 1), said pump comprising a suction mouth (mouth of inlet duct 12, Figure 2), in liquid communication with said suction duct, and a delivery mouth (mouth of outlet duct 13, Figure 2), in liquid communication with said delivery duct, in at least one point along the liquid path within said pump, between said suction mouth and said delivery mouth, said pump comprising at least one restriction (restrictions formed between walls of housing 6-7 and rotor 4, formed at/between mouths of inlet duct 12 and outlet duct 13, Figure 2) configured to generate an emulsion of the liquid passing through said at least one restriction. The structure disclosed by Ogawa would further be capable of emulsification. Regarding the limitations concerning the milk and generating a milk emulsion, per MPEP 2115, inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa.
As to claims 10-13, Ogawa discloses their emulsion orifice and/or reduced cross-section duct are used to generate a pumping action (restrictions formed between walls of housing 6-7 and rotor 4, formed at/between mouths of inlet duct 12 and outlet duct 13, generate a pumping action, column 1, line 46 and Figure 2). The pumping action and velocity of flow therethrough would depend on the diameter of the orifice and/or reduced cross-section duct, as is well-known in the field of fluid dynamics, making the diameter of the orifice and/or duct a results-effective variable. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to configure the orifice and/or duct of Ogawa to be less than 1 mm, in order to generate a desired velocity of flow resulting from the pumping action of Ogawa. Such a modification would yield predictable results.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa in view of Dong et al. (U.S. 20140348669 A1), hereinafter referred to as Dong.
As to claim 3, Ogawa does not recite their pump to be a gear pump, wherein said at least one rotating pumping member comprises a first toothed wheel rigidly constrained to said drive shaft and a second toothed wheel geared to said first toothed wheel and adapted to be driven into rotation by said first toothed wheel.
However, Dong discloses a gear pump (gear pump, paragraph 45 and Figures 4-6) wherein a rotating pumping member comprises a first toothed wheel (toothed wheel 20 constrained to drive shaft 61, paragraph 61) rigidly constrained to a drive shaft and a second toothed wheel (second tooth wheel 30 geared to and driven by toothed wheel 20, paragraph 61) geared to said first toothed wheel and adapted to be driven into rotation by said first toothed wheel.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the gear pump of Dong for the into the pump casing of the apparatus of Ogawa since such a pump is suitable for creating a suction effect by pumping, as disclosed in Dong (paragraph 45), which is desirable as taught by Ogawa (column 1, line 46). Such a substitution would have involved merely replacing a known component with another known component, yielding predictable results
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Abbas Rashid whose telephone number is (571)270-7457. The examiner can normally be reached 9 AM to 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, Alexa Neckel can be reached at 571-272-2450. 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.
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748
Prosecution Insights