DETAILED ACTION
This Office action is in response to amendments filed 10/6/2025. It should be noted that claim 6 has been amended, and claims 11-14 have been added. This action supersedes the previous Final Office action mailed 1/12/2026.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 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.
Claim 6 now recites, “wherein the pump is inoperable to draw fluid into the inlet unless the filter assembly is supported by the pump” in lines 3-4. Since the claim has been amended to clarify that the “filter assembly”, as a whole, is required for the pump to draw fluid into the inlet, this limitation is indefinite because it is unclear what is meant by the term “inoperable”. Does it mean that the pump is automatically shut down without the filter assembly attached? Does it mean the pump is operating but no fluid moves through the pump? Does it mean the pump is simply not moving fluid at 100%? There has been no definition provided for the term “inoperable” in the specification, and no elaboration on this particular arrangement whatsoever in the original disclosure. Therefore, claim 6 is indefinite.
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 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shure 4,218,195.
Shure discloses, regarding claim 1, a pump assembly 10 comprising: a tube 13/14 having a first end, a second end, and an axis extending through the first and second ends (clearly shown in Fig. 1), the tube 13/14 accommodating fluid to flow therethrough; a pump (see motor 77 and impeller 98) including a motor 77, an inner housing 72 surrounding the motor 77, an outer housing 13 surrounding the inner housing 72, a chamber formed between the inner housing 72 and the outer housing 13 (see chamber between 13 and 72 extending down through inlet 60 to the upper surface of 20 in Fig. 4), and an impeller 98, the pump having an inlet 60 adjacent the first end and in fluid communication with the tube 13/14; an outlet 69 adjacent the second end (substantially broad) and in fluid communication with the tube 13/14; a handle 14; and a filter assembly 16/20 supported by the pump and in fluid communication with the inlet 60; wherein fluid flows into the pump assembly through the inlet 60, around the motor 77, through the tube 13/14, and out of the pump assembly through the outlet 69; Re claim 2, wherein the motor includes an output shaft 78 extending into the chamber (clearly shown in Fig. 4), and wherein the impeller 98 is coupled to the output shaft 78 and positioned in the chamber; Re claim 3, wherein the output shaft 78 is rotatable about a motor axis coaxial with the axis of the tube 13/14 (clearly shown in Fig. 4); Re claim 4, wherein the fluid flowing into the pump assembly through the inlet 60 flows through the chamber, and wherein the motor 77 is sealed within the inner housing 72 and fluidly separated from the chamber (clearly shown in Fig. 4); Re claim 5, wherein the filter assembly 16/20 includes an inner surface (upper surface of 20) defining at least a portion of the chamber; Re claim 7, further comprising a receptacle (within 14) configured to receive a battery pack 53, wherein the motor 77 is configured to be powered by the battery pack 53 when the battery pack 53 is received in the receptacle, and wherein the receptacle (14) and the motor 77 are connected by a conductor 79 at least partially supported within the tube 13/14.
Claims 1, 5, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang US 2019/0154039 A1.
Wang discloses, regarding claim 1, a pump assembly comprising: a tube 14 having a first end, a second end, and an axis extending through the first and second ends (clearly shown in Fig. 1), the tube 14 accommodating fluid to flow therethrough; a pump (see motor 2 and impeller 8) including a motor 2, an inner housing 4 surrounding the motor 2, an outer housing (see tank 3) surrounding the inner housing 4, a chamber 3 (clearly shown in Fig. 1) formed between the inner housing 4 and the outer housing (3) (clearly shown in Fig. 1), and an impeller 8, the pump having an inlet (see the port directly beneath 8 in Fig. 1) adjacent the first end (substantially broad) and in fluid communication with the tube 14; an outlet (port at the left end of 14 in Fig. 1) adjacent the second end (substantially broad) and in fluid communication with the tube 14; a handle 12; and a filter assembly (combination of elements 5, 6, 9, 10 and 11) supported by the pump and in fluid communication with the inlet; wherein fluid flows into the pump assembly through the inlet (see port directly beneath 8 is in Fig. 1), around the motor 2, through the tube 14, and out of the pump assembly through the outlet (port at the left end of 14 in Fig. 1); Re claim 5, wherein the filter assembly (combination of elements 5, 6, 9, 10 and 11) includes an inner surface (upper surface of 6 in Fig. 1) defining at least a portion of the chamber 3; Re claim 6, wherein the pump is configured to propel the fluid flow through the pump assembly and through the outlet (port at the left end of 14 in Fig. 1), and wherein the pump is inoperable to draw fluid into the inlet unless the filter assembly (5, 6, 9, 10 and 11) is supported by the pump (this is clearly the case because the impeller 8 would be exposed with no volute to force water to outlet tank 3 if elements 5, 6, 9, 10, and 11 were disconnected from the pump assembly).
Claims 8 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eastman, III, US Pat. No. 6,179,558 (“Eastman” hereafter).
Eastman discloses, regarding claim 8, a pump assembly 10 comprising: a tube 12 having a first end, a second end, and an axis extending through the first and second ends, the tube 12 accommodating fluid to flow therethrough; a pump (combination of elements 14, 19, 36, 40, and 42), including an impeller 36 adjacent the first end and a motor 32 operable for driving the impeller 36 to draw fluid through the pump, the pump having an inlet 48 in fluid communication with the tube 12; a filter assembly 22 coupled to the pump; an outlet 44 in fluid communication with the tube 12; a handle 38 adjacent the second end; and a receptacle (within 38) configured to receive a battery pack, wherein the battery receptacle (38) and the motor 32 are connected by a conductor at least partially supported within the tube 12 (this is clearly the case as the batteries within 38 power the motor).
Claims 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shure 4,218,195.
Shure discloses, regarding claim 8, a pump assembly 10 comprising: a tube 13/14 having a first end, a second end, and an axis extending through the first and second ends (clearly shown in Fig. 1), the tube 13/14 accommodating fluid to flow therethrough; a pump (see motor 77 and impeller 98), including an impeller 98 adjacent the first end and a motor 77 operable for driving the impeller 98 to draw fluid through the pump, the pump having an inlet 60 in fluid communication with the tube 13/14; a filter assembly 16/20 coupled to the pump; an outlet 69 in fluid communication with the tube 13/14; a handle 14 adjacent the second end; and a receptacle (within 14) configured to receive a battery pack 53, wherein the battery receptacle (14) and the motor 77 are connected by a conductor 59 at least partially supported within the tube 13/14; Re claim 9, wherein the pump includes an inner housing 72 surrounding the motor 77, an outer housing 13 surrounding the inner housing 72, and a chamber formed between the inner housing 72 and the outer housing 13 (see chamber between 13 and 72 in Fig. 4); Re claim 10, wherein the impeller 98 is coupled to an output shaft 78 of the motor and is positioned in the chamber (clearly shown in Fig. 4); Re claim 11, wherein the height of the pump assembly 10 is adjustable (element 15 can be removed from the assembly, thereby shortening its “height”); Re claim 12, wherein said conductor 59 continues to electrically connect the motor 77 to transfer power from the battery receptacle to the motor 77 when the height of the pump assembly is adjusted (this would clearly be the case, even with 15 removed); Re claim 13, wherein the receptacle (within 14) is positioned adjacent the second end of the tube 13/14 and the relative position of the receptacle to the second end of the tube 13/14 does not change when the height of the pump assembly 10 is adjusted (this would clearly be the case, even with 15 removed).
Allowable Subject Matter
Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 10/6/2025 have been fully considered but they are not persuasive.
In response to Applicant’s arguments with regard to Shure: Applicant argues that Shure does not disclose the claimed “tube” and “handle” limitations. The Examiner respectfully disagrees, and believes the Applicant to be arguing more than is claimed. Under a broadest reasonable interpretation of the claims, the pump housing elements 13/14 of Shure most certainly constitute a “tube” – a cylindrically shaped structure with a cavity therein. Furthermore, the presence of loop 111 does not eliminate the cylindrical body of 14 from being considered a “handle”. A user would have to grip a portion of the housing at some point to actuate the switch 38 or simply set the pump in a precise location. Therefore, the Examiner maintains these interpretations, and, thus, the rejection of claims 1-5 and 7 as being anticipated by Shure.
In response to Applicant’s arguments with regard to Wang: Applicant argues that Wang does not disclose the claimed “tube”, or the claimed chamber between the inner and outer housing limitation. The Examiner respectfully disagrees, and believes the Applicant to be arguing more than is claimed. Water outlet 14 can most certainly constitute a “tube” – a cylindrically shaped structure with a cavity therein. Furthermore, Wang discloses an inner housing 4 surrounding the motor 2, an outer housing – which is the unlabeled outer wall of 3 – surrounding the inner housing 4. The actual chamber itself, which is labeled 3, is formed between the inner housing 4 and the outer housing wall – this clearly shown in Figure 1 of Wang. Therefore, the Examiner maintains these interpretations, and, thus, the rejection of claims 1, 5, and 6 as being anticipated by Wang.
In response to Applicant’s arguments with regard to Eastman: Applicant argues that Eastman does not disclose the recited “receptacle”. The Examiner respectfully disagrees, and believes the Applicant to be arguing more than is claimed. Claim 8 recites, “a receptacle configured to receive a battery pack”. First and foremost, the Examiner points to the “configured to” language. The receptacle, referenced by numeral 38, is absolutely “configured to” receive a battery pack, by the simply nature of it being a cavity with terminals. Furthermore, a “battery pack” is substantially broad. Any conventional battery can be considered a “battery pack” under a broadest reasonable interpretation of the term.
With regard to the “conductor” limitation, claim 8 recites that “the battery receptacle and the motor are connected by a conductor at least partially within the tube.” As detailed above, the Examiner has interpreted the “tube” as element 12 – the motor and the receptacle are both completely comprised within tube 12, thus, the conductor between these two elements, which must be present for the pump to operate, must also be “at least partially supported within the tube”. Therefore, the Examiner maintains these interpretations, and, thus, the rejection of claim 8 being anticipated by Eastman.
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