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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Biasing element in claim 1.
Configured to bias the annular valve to a closed position
Biasing element in claim 15.
Configured to act on the base component.
Biasing element in claim 16.
Configured to bias the annular valve to a closed position.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Biasing element in claim 15.
Corresponds to spring 230 in Fig 4 & Fig 5.
Biasing element in claims 1 & 16.
Corresponds to spring 230 in Fig 4 & Fig 5.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 limitations:
wherein the annular valve is to close during a suction stroke of the plunger to seal the one or more passageways from the fluid cavity, and to allow flow through the fluid cavity via the central opening and through an open suction valve of the valve cartridge, and wherein the annular valve is to open during a discharge stroke of the plunger to allow flow from the fluid cavity into the one or more passageways (in combination with the language of claim 16).
must be shown or the feature(s) canceled from the claim(s). 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 18 is 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.
Regarding Claim 18: Line 1-6 states: “wherein the annular valve is to close during a suction stroke of the plunger to seal the one or more passageways from the fluid cavity, and to allow flow through the fluid cavity via the central opening and through an open suction valve of the valve cartridge, and wherein the annular valve is to open during a discharge stroke of the plunger to allow flow from the fluid cavity into the one or more passageways.”. It is unclear the exact limitations the applicant is introducing here. Specifically since the inlet valve 202 inherently opens during the suction stroke to communicate the passageways 242 with the fluid cavity 240, it is unclear how the annular valve 214 closes during the suction stroke as claimed (since 214 is disclosed as being part of the inlet valve 202 which is open during the suction stroke). Additionally, since the inlet valve 202 inherently closes during the discharge stroke, it is unclear how the annular valve 214 opens during the discharge stroke as claimed (since 214 is disclosed as being part of the inlet valve 202 which is closed during the discharge stroke). Accordingly the scope of claim 18 is unclear
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Winn USPN 5230363.
Regarding Claim 1: A valve cartridge (the valve cartridge is defined by the sum of its parts) for a fluid pump (i.e. slurry pump), comprising: a cartridge body (16,12,18) having a first end (first end = bottom axial end of 16 in Fig 1) and a second end opposite the first end (second end = top axial end of 16 in Fig 1); a fluid cavity (fluid cavity = chamber 42 located between surfaces 24,26 of element 18 and interior surfaces of element 12 in Fig 1 | fluid cavity = 42,20) defined in the cartridge body (as seen in Fig 1 cavity 42 is located inside the cartridge body 16,12,18 as claimed | as seen in Fig 1 elements 42,20 are located inside the cartridge body 16,12,18 as claimed); one or more suction passageways (22, see Fig 2 & Fig 1), defined through the cartridge body (i.e. through element 18 of the cartridge body), that open into the fluid cavity (Fig 1, open into the fluid cavity when element 44 does not block ports 22, Column 3 L:ine 28-31); and a suction valve assembly (the suction valve assembly is defined by the sum of its parts) configured to control flow from the one or more suction passageways into the fluid cavity (Fig 1, Column 3 Line 28-31), wherein the suction valve assembly comprises: an annular valve 44 having a central opening (central opening seen in Fig 1 & Fig 4), a perimeter edge (top edge of 44 located between surface 26 and circular surface which abuts elements 62, Fig 1, Fig 4), and a sealing surface (sealing surface = 50,48,56,58) defined between the central opening and the perimeter edge (Fig 1); and a biasing element 46 configured to bias the annular valve to a closed position (Fig 1, Column 3 Line 28-60), wherein, in an open position, the annular valve is to allow flow from the one or more suction passageways into the fluid cavity (as understood from Fig 1), and wherein, in the closed position (position shown in Fig 1), the annular valve 44 is to seal the one or more suction passageways from the fluid cavity (Fig 1), and to allow flow through the fluid cavity via the central opening (e.g. from cavity 42 through the central opening through element 20 and towards discharge valve 28 when discharge valve 28 is open | e.g. flow through element 20 of the fluid cavity via the central opening when discharge valve 28 is open).
Regarding Claim 2: wherein the annular valve 44, in the closed position, is to allow flow through the fluid cavity, from the first end to (i.e. in a direction approaching) the second end of the cartridge body, via the central opening (as understood from Fig 1 when 44 is closed the fluid will move in a direction approaching (i.e. to) the second end as claimed).
Regarding Claim 3: wherein the fluid cavity defines a sloping region (i.e. region defined by surfaces 24,26 in Fig 1) that slopes inwardly with respect to a direction from the first end to the second end of the cartridge body (Fig 1), and wherein the one or more suction passageways 22 open into the sloping region of the fluid cavity (as understood from Fig 1 & Fig 2).
Regarding Claim 4: wherein the sealing surface (50,48,56,58) of the annular valve is sloped inwardly from the perimeter edge to the central opening (as seen in Fig 1) such that the sloping region (i.e. region defined by surfaces 24,26 in Fig 1) and the sealing surface (50,48,56,58) have matching slopes (as seen in Fig 1).
Regarding Claim 5: wherein the sloping region is a first sloping region (it is, first sloping region = region defined by surfaces 24,26 in Fig 1) and the fluid cavity (42,20) further defines a second sloping region (second sloping region = region defined by surface 36 in Fig 1) that slopes inwardly with respect to a direction from the second end to the first end of the cartridge body (as understood from Fig 1), and wherein a fluid passageway region (region defined by element 20) defined in the fluid cavity (as understood from Fig 1) connects the first sloping region and the second sloping region (Fig 1,element 20 connects the region defined by surfaces 24,26 (the first sloping region) to the region defined by surface 36 (the second sloping region) as claimed).
Regarding Claim 6: further comprising: a discharge valve assembly 28 configured to control flow from the fluid passageway region into the second sloping region (as understood from Fig 1).
Regarding Claim 7: wherein the suction valve assembly further comprises: a first sealing insert 52 embedded in the sealing surface (as seen in Fig 1) nearer to the central opening than to the perimeter edge (as seen in Fig 1); and a second sealing insert 54 embedded in the sealing surface (as seen in Fig 1) nearer to the perimeter edge than to the central opening (as seen in Fig 1).
Regarding Claim 8: wherein, in the closed position of the annular valve (as seen in Fig 1), ends of the one or more suction passageways that lead into the fluid cavity are between the first sealing insert and the second sealing insert (as seen in Fig 1).
Regarding Claims 1 & 9: A valve cartridge (the valve cartridge is defined by the sum of its parts) for a fluid pump (i.e. slurry pump), comprising: a cartridge body 18 having a first end (bottom end of 18 in Fig 1) and a second end opposite the first end (top end of 18 in Fig 1, the top is opposite the bottom); a fluid cavity (fluid cavity = cavity between element 44 and surfaces 24 &26 when valve 44 is open, 20, and 36) defined in the cartridge body (Fig 1); one or more suction passageways (22, see Fig 2 & Fig 1), defined through the cartridge body (see Fig 2 & Fig 1), that open into the fluid cavity (i.e. open into the portion of the cavity located between element 44 and surfaces 24 &26 when valve 44 is open); and a suction valve assembly (the suction valve assembly is defined by the sum of its parts) configured to control flow from the one or more suction passageways into the fluid cavity (Fig 1, Column 3 Line 28-31), wherein the suction valve assembly comprises: an annular valve 44 having a central opening (central opening seen in Fig 1 & Fig 4), a perimeter edge (top edge of 44 located between surface 26 and circular surface which abuts elements 62, Fig 1, Fig 4), and a sealing surface (sealing surface = 50,48,56,58) defined between the central opening and the perimeter edge (Fig 1); and a biasing element 46 configured to bias the annular valve to a closed position (Fig 1, Column 3 Line 28-60), wherein, in an open position, the annular valve is to allow flow from the one or more suction passageways into the fluid cavity (as understood from Fig 1), and wherein, in the closed position (position shown in Fig 1), the annular valve 44 is to seal the one or more suction passageways from the fluid cavity (Fig 1), and to allow flow through the fluid cavity via the central opening (e.g. through the central opening through element 20 and out portion 36 of the fluid cavity and discharge valve 28 when discharge valve 28 is open), wherein the fluid cavity extends through the cartridge body from the first end to the second end of the cartridge body (since the fluid cavity is defined as articulated above, the fluid cavity extends through the cartridge body from the first end (bottom of 18) to the second end (top of 18) as claimed).
Regarding Claim 10: A check valve assembly (the check valve assembly is defined by the sum of its parts), comprising: an annular valve 44 having a central opening (central opening seen in Fig 1 & Fig 4), a perimeter edge (top edge of 44 located between surface 26 and circular surface which abuts elements 62, Fig 1, Fig 4), and a sealing surface (sealing surface = 50,48,56,58) defined between the central opening and the perimeter edge (Fig 1); a first sealing insert 52 embedded in the annular valve nearer to the central opening than to the perimeter edge (as seen in Fig 1); and a second sealing insert 54 embedded in the annular valve nearer to the perimeter edge than to the central opening (as seen in Fig 1).
Regarding Claim 11: wherein the sealing surface (50,48,56,58) is sloped inwardly from the perimeter edge to the central opening (as seen in Fig 1).
Regarding Claim 12: wherein the annular valve is in a shape of a conical frustum (as seen in Fig 1).
Claim(s) 16-17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Buse USPN 3811801.
Regarding Claim 16: A fluid pump (the fluid pump is defined by the sum of its parts), comprising: a fluid end (the fluid end is defined by the sum of its parts) having a fluid end block (14 in Fig 4, and Figs 7-8) with a bore (16,20,22, Figs 2-3), and a plunger 102 configured to reciprocate with respect to the bore (as understood from Figure 4); a power end 12 operably connected to the plunger (the drive unit is known in the art to provide the motion for the operation of the plunger 102 of the reciprocating pump, thus the power end/drive unit 12 is inherently operably connected to the plunger 102 as claimed); and a valve cartridge (the valve cartridge is defined by the sum of its parts and includes valve body 38), configured for insertion into and removal from the bore as a unit (Figs 2-4), comprising: a cartridge body 38 having a first end (end indicated by element 40 in Fig 4) and a second end opposite the first end (end indicated by element 42 in Fig 4); a fluid cavity (chamber defined by elements 52,74,56) defined in the cartridge body (Fig 4); one or more passageways (58), defined through the cartridge body (Fig 4), that open into the fluid cavity (i.e. open into chamber 52 of the fluid cavity when the inlet valve is open); and a valve assembly (the valve assembly is defined by the sum oof its parts and includes element 64) configured to control flow between the one or more passageways and the fluid cavity (i.e. control flow between the passages 58 and element 74 of the cavity), wherein the valve assembly comprises: an annular valve (annular valve = 64) having a central opening (74), a perimeter edge (i.e. edge between conical portion 70 and the outer surface of 64), and a sealing surface (sealing surface of conical portion 70 in Fig 4) defined between the central opening and the perimeter edge (as understood from Fig 4); and a biasing element (110) configured to bias the annular valve (64) to a closed position (as understood from Fig 4).
Regarding Claim 17: wherein the annular valve is to open during a suction stroke of the plunger (the annular valve 64 is an inlet valve, Column 2 Line 43-52, thus it inherently is opened during a suction stroke of the plunger, as known in the art) to allow flow from the one or more passageways into the fluid cavity (e.g. from 58 to 74 in Fig 4), and wherein the annular valve is to close during a discharge stroke of the plunger (the annular valve is an inlet valve, Column 2 Line 43-52, thus it inherently is closed during a discharge stroke of the plunger, as known in the art) to seal the one or more passageways from the fluid cavity (i.e. by contacting conical valve seat 48), and to allow flow through the fluid cavity via the central opening and through an open discharge valve of the valve cartridge (discharge valve = 112,54; Column 4 Line 7-25).
Regarding Claim 19: wherein the central opening 74 is in a flow path through the fluid cavity (as understood from Fig 4 the central opening forms a flow path through the articulated fluid cavity as claimed) in a direction from the first end to the second end of the cartridge body (as understood from Fig 4, the flow of the fluid through the central opening is in the direction from the first end 40 to the second end 42 as claimed).
Regarding Claims 16 &20: A fluid pump (the fluid pump is defined by the sum of its parts), comprising: a fluid end (the fluid end is defined by the sum of its parts) having a fluid end block (14 in Fig 4, and Figs 7-8) with a bore (16,20,22, Figs 2-3), and a plunger 102 configured to reciprocate with respect to the bore (as understood from Figure 4); a power end 12 operably connected to the plunger (the drive unit is known in the art to provide the motion for the operation of the plunger 102 of the reciprocating pump, thus the power end/drive unit 12 is inherently operably connected to the plunger 102 as claimed); and a valve cartridge (the valve cartridge is defined by the sum of its parts and includes valve body 38), configured for insertion into and removal from the bore as a unit (Figs 2-4), comprising: a cartridge body 38 having a first end (end indicated by element 40 in Fig 4) and a second end opposite the first end (end indicated by element 42 in Fig 4); a fluid cavity (chamber defined by elements 50,52,74,56) defined in the cartridge body (Fig 4); one or more passageways (58), defined through the cartridge body (Fig 4), that open into the fluid cavity (i.e. open into chamber 52 of the fluid cavity when the inlet valve is open); and a valve assembly (the valve assembly is defined by the sum oof its parts and includes element 64) configured to control flow between the one or more passageways and the fluid cavity (i.e. control flow between the passages 58 and element 74 of the cavity), wherein the valve assembly comprises: an annular valve (annular valve = 64) having a central opening (74), a perimeter edge (i.e. edge between conical portion 70 and the outer surface of 64), and a sealing surface (sealing surface of conical portion 70 in Fig 4) defined between the central opening and the perimeter edge (as understood from Fig 4); and a biasing element (110) configured to bias the annular valve (64) to a closed position (as understood from Fig 4), wherein the fluid cavity defines a sloping region (= sloping region defined by element 48 on either side of element 50 in Fig 4) that slopes inwardly with respect to a direction from the first end to the second end of the cartridge body (as seen in Fig 4), wherein the one or more passageways open into the sloping region of the fluid cavity (as seen in Fig 4), and wherein the sealing surface of the annular valve is sloped inwardly from the perimeter edge to the central opening (as seen in Fig 4) such that the sloping region and the sealing surface have matching slopes (as seen in Fig 4).
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(s) 10 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buse USPN 3811801 in view of Winn USPN 5230363.
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Annotated Figure 8 of Buse USPN 3811801 (Attached Figure A)
Regarding Claim 10: Buse USPN 3811801 discloses the limitations: A check valve assembly (the check valve assembly is defined by the sum of its parts), comprising: an annular valve 64 having a central opening (see Annotated Figure 8 of Buse USPN 3811801 (Attached Figure A) above), a perimeter edge (Attached Figure A), and a sealing surface (77, Column 3 Line 39-44) defined between the central opening and the perimeter edge (Attached Figure A). Winn USPN 5230363 is silent regarding the limitations: a first sealing insert embedded in the annular valve nearer to the central opening than to the perimeter edge; and a second sealing insert embedded in the annular valve nearer to the perimeter edge than to the central opening. The prior art of Winn USPN 5230363 which is directed to a suction valve for a piston pump (title, abstract) like Buse USPN 3811801, is noted.
However, Winn USPN 5230363 does disclose the limitations: a first sealing insert 52 embedded in the annular valve 44 nearer to the central opening (the central opening of valve 44 seen in Fig 1 & Fig 4) than to the perimeter edge (the perimeter edge = top edge of 44 located between surface 26 and circular surface which abuts elements 62, Fig 1, Fig 4; as seen in Fig 1 the first sealing insert 52 is closer to the central opening than the perimeter edge); and a second sealing insert 54 embedded in the annular valve nearer to the perimeter edge than to the central opening (as seen in Fig 1).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the sealing surface 77 of Buse USPN 3811801 with the first and second sealing inserts (52,54) of Winn USPN 5230363 in order to greatly decrease wear on the suction valve (Column 2 Line 5-25).
Regarding Claim 13: Buse USPN 3811801 discloses the limitations: further comprising: a base component (Attached Figure A) extending from the perimeter edge of the annular valve (Attached Figure A).
Regarding Claim 14: Buse USPN 3811801 discloses the limitations: wherein the base component comprises: a set of hoops (Attached Figure A) concentric with the central opening (Attached Figure A); and one or more alignment bars (Attached Figure A) that extend between hoops of the set of hoops (Attached Figure A).
Regarding Claim 15: Buse USPN 3811801 discloses the limitations: further comprising: a biasing element 110 configured to act on the base component (Attached Figure A).
Examiner's Note: The Examiner respectfully requests of the Applicant in preparing responses, to fully consider the entirety of the references as potentially teaching all or part of the claimed invention.
It is noted, REFERENCES ARE RELEVANT AS PRIOR ART FOR ALL THEY CONTAIN. “The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments (see MPEP § 2123).
Additionally the origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention, as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). (See MPEP § 2125).
The Examiner has cited particular locations in the reference(s) as applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claims, typically other passages and figures will apply as well.
Furthermore: with respect to the prior art and the determination of obviousness, it has been held that Prior art is not limited just to the references being applied, but includes the understanding of one of ordinary skill in the art. The "mere existence of differences (i.e. a gap) between the prior art and an invention DOES NOT ESTABLISH the inventions nonobviousness." Dann v. Johnston, 425 U.S. 219, 230, 189 USPQ 257, 261 (1976). Rather, in determining obviousness the proper analysis is whether the claimed invention would have been obvious to one of ordinary skill in the art after consideration of all the facts. And factors other than the disclosures of the cited prior art may provide a basis for concluding that it would have been obvious to one of ordinary skill in the art to bridge the gap. (See MPEP § 2141).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hindel USPN 3746483 – teaches a valve arrangement for a piston pump.
Reed USPN 9188122 – teaches a valve for a high pressure piston pump.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S HERRMANN whose telephone number is (571)270-3291. The examiner can normally be reached 8:00 AM - 5:00 PM EST.
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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.
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/CHARLES G FREAY/ Primary Examiner, Art Unit 3746
/JOSEPH S. HERRMANN/ Examiner, Art Unit 3746