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 .
Response to Amendment
The amendment filed May 6, 2026 has been entered. Claims 1-20 remain pending in the application. Claims 18-20 remain withdrawn from consideration. The previous objections to the drawings are withdrawn in light of the Applicant's amendment to the drawings. The previous objections to claims 1-17 are withdrawn in light of the Applicant's amendment to claim 1.
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.
Claims 1-7 and 9-16 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2009/0180874 to Gutierrez in view of U. S. Patent Publication 2002/0036008 to Hickam.
Referring to claim 1, Gutierrez teaches a discharge head for vertical pump systems, the discharge head. comprising:
a mounting interface (102) to place a motor (200) (Figures 3-5d, Fig. 3 annotated below; paragraphs [0032]-[0046]);
a central plate positioned substantially centrally between the mounting interface (102) and a bottom plate (104) (Figures 3-5d, Fig. 3 annotated below; paragraphs [0032]-[0046]);
a discharge pipe (106) to provide an elbow transition from below-surface piping (portion of 300 connected to 104) to above-surface piping (connected to 106a), the discharge pipe (106) comprising a vertical portion that couples to the central plate (and a horizontal portion coupled to a discharge flange (106a) (Figures 3-5d, Fig. 3 annotated below; paragraphs [0032]-[0046]);
a plurality of supporting legs (110) to couple the mounting interface (102) to the bottom plate (104), wherein each supporting leg (110) has an inward bent shape (each bends radially inward from bottom plate 104 to mounting interface 102) and the supporting legs (110) are distributed substantially equally around a perimeter of the mounting interface (102) and the bottom plate (104) (Figures 3-5d, Fig. 3 annotated below; paragraphs [0032]-[0046]);
a plurality of stabilizers (112), wherein
each stabilizer (112) is horizontally coupled between the central plate and each supporting leg (110) (Figures 3-5d, Fig. 3 annotated below; paragraphs [0032]-[0046]), and
the inward bent shape of the plurality of supporting legs (110) and the plurality of stabilizers (112) allow a substantially reduced footprint (“smaller base plate area”) and weight (at least because of the smaller base/bottom plate) of discharge head while preserving structural resonance (the design can be set to maintain a similar natural frequency and harmonics thereof) and torsional rigidity performance (FEA is used to “prevent lateral and torsional movement”) (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]); and
the bottom plate (104) to couple the vertical portion of the discharge pipe with the below-surface piping (300 connected to 104) (Figures 3-5d, Fig. 3 annotated below; paragraphs [0032]-[0046]).
[AltContent: arrow][AltContent: textbox (Horizontal Portion)][AltContent: arrow][AltContent: textbox (Vertical Portion)][AltContent: arrow][AltContent: textbox (Central Plate)]
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Annotation of Gutierrez Figure 3.
While each of the support legs 110 of Gutierrez has an inward bent shape, they do not contain first and second straight portions coupled to a bent portion. Hickam teaches a support wherein:
each supporting leg has a first straight portion coupled to a mounting interface, a second straight portion coupled to a bottom plate, and a bend portion coupling the first straight portion and the second straight portion (Fig. 2, annotated below; paragraphs [0024]-[0026]).
[AltContent: textbox (Bend Portion)][AltContent: arrow][AltContent: textbox (Stabilizer)][AltContent: arrow][AltContent: textbox (Bottom Plate)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First Straight Portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Mounting Interface)][AltContent: textbox (Second Straight Portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Support Leg)]
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Annotation of Hickam Figure 2.
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Gutierrez with the support legs having straight and bend portions taught by Hickam in order to provide greater access to the space between the bottom plate and the mounting interface.
Referring to claim 2, Gutierrez and Hickman teach a pump comprising all the limitations of claim 1, as detailed above, and while each of the support legs 110 of Gutierrez has an inward bent shape, they do not contain first and second straight portions coupled to a bent portion. Hickam further teaches a support wherein:
each stabilizer is coupled to a corresponding supporting leg at the bend portion (Fig. 2, annotated above; paragraphs [0024]-[0026]).
Referring to claim 3, Gutierrez and Hickman teach a pump comprising all the limitations of claim 1, as detailed above, but do not specifically discuss how a length, a thickness, or a bend angle of each supporting leg is determined. However, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, that one or more of a length, a thickness, or a bend angle of each supporting leg is determined based on one or more of a size of the mounting interface, a weight of the motor, or a reduction of a size of the bottom plate and a length of the horizontal portion of the discharge pipe, since the length and bend angle are inherently designed to connect the mounting interface to the bottom plate while also providing space for the discharge pipe, as determined by at least one or more of, among other things, a size of the mounting interface, a size of the bottom plate and a length of the horizontal portion of the discharge pipe, and further at least the size of the mounting interface, and weight of the motor will inherently determine the thickness of each supporting leg to provide at least the necessary strength for the desired, base plate area, pipe support deflection, and natural frequency.
Referring to claim 4, Gutierrez and Hickman teach a pump comprising all the limitations of claim 3, as detailed above, and while each of the support legs 110 of Gutierrez has an inward bent shape, they do not contain first and second straight portions coupled to a bent portion, and Hickam does not specifically discuss how a location of the bend portion of each supporting leg is determined. However, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, that in the combination of Gutierrez and Hickam above that a location of the bend portion of each supporting leg is determined based on, among other things, the size of the bottom plate and a length of the horizontal portion of the discharge pipe in order to support the motor and have space for the horizontal pipe and since these sizes are inherently design considerations for supporting the motor while also providing room for the horizontal pipe.
Referring to claim 5, Gutierrez and Hickman teach a pump comprising all the limitations of claim 1, as detailed above, and Gutierrez further teaches a pump wherein:
the plurality of supporting legs (110) includes four supporting legs, and the plurality of stabilizers (112) includes four stabilizers (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]).
Referring to claim 6, Gutierrez and Hickman teach a pump comprising all the limitations of claim 1, as detailed above, and Gutierrez further teaches a support wherein:
one or more of the mounting interface or the bottom plate have an "O" ring shape, a square shape, a rectangular shape, a solid circle shape, or an elliptical shape (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]).
Gutierrez is silent as to how the one or more of the mounting interface, the supporting legs, the central plate, the bottom plate, the stabilizers, or the discharge pipe are coupled together, however, Gutierrez teaches the use of welding for at least the discharge flange (paragraph [0022]). It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art to make one or more of the mounting interface, the supporting legs, the central plate, the bottom plate, the stabilizers, or the discharge pipe are coupled together welding, as taught by Gutierrez for the discharge flange, because it has been held that a simple substitution of one known element, the welding disclosed for the discharge flange, for another, the undisclosed connection means otherwise taught for the discharge head, to obtain predictable results, assembling the discharge head, was an obvious extension of prior art teachings, KSR, 550 U.S. at 419, 82 USPQ2d at 1396, MPEP 2141 III B.
Referring to claim 7, Gutierrez and Hickman teach a pump comprising all the limitations of claim 1, as detailed above, and Gutierrez further teaches a support wherein:
one or more of the supporting legs (110) or the stabilizers (112) are solid or hollow (both the supporting legs and the stabilizers must be one or the other of solid or hollow since there is no third possibility for any structure).
Referring to claim 9, Gutierrez discloses a vertical pump system comprising:
a motor (200) to drive impellers (Fig. 5A; paragraphs [0003] [0004] and [0033], claim 5, wherein pump 300 has multiple stages and therefore multiple impellers);
below-surface piping (portion of 300 connected to 104) that contains one or more impellers (Fig. 5A; paragraphs [0003] [0004] and [0033], claim 5, wherein pump 300 has multiple stages and therefore multiple impellers);
above-surface piping (connected to 106a) to receive pumped liquids from the below-surface piping (portion of 300 connected to 104); and
a discharge head to provide the pumped liquids from the below-surface piping (portion of 300 connected to 104) to the above-surface piping (connected to 106a), the discharge head comprising:
a mounting interface (102) to place a motor (200) (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]);
a central plate positioned substantially centrally between the mounting interface (102) and a bottom plate (104) (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]);
a discharge pipe (106) to provide an elbow transition from the below-surface piping (portion of 300 connected to 104) to the above-surface piping (connected to 106a), the discharge pipe (106) comprising a vertical portion that couples to the central plate (and a horizontal portion coupled to a discharge flange (106a) (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]);
a plurality of supporting legs (110) to couple the mounting interface (102) to the bottom plate (104), wherein each supporting leg (110) has an inward bent shape (each bends radially inward from bottom plate 104 to mounting interface 102) and the supporting legs (110) are distributed substantially equally around a perimeter of the mounting interface (102) and the bottom plate (104) (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]);
a plurality of stabilizers (112), wherein
each stabilizer (112) is horizontally coupled between the central plate and each supporting leg (110) (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]), and
the inward bent shape of the plurality of supporting legs (110) and the plurality of stabilizers (112) allow a substantially reduced footprint (“smaller base plate area”) and weight (at least because of the smaller base/bottom plate) of discharge head while preserving structural resonance (the design can be set to maintain a similar natural frequency and harmonics thereof) and torsional rigidity performance (FEA is used to “prevent lateral and torsional movement”) (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]); and
the bottom plate (104) to couple the vertical portion of the discharge pipe with the below-surface piping (300 connected to 104) (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]).
While each of the support legs 110 of Gutierrez has an inward bent shape, they do not contain first and second straight portions coupled to a bent portion. Hickam teaches a support wherein:
each supporting leg has a first straight portion coupled to a mounting interface, a second straight portion coupled to a bottom plate, and a bend portion coupling the first straight portion and the second straight portion (Fig. 2, annotated above; paragraphs [0024]-[0026]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Gutierrez with the support legs having straight and bend portions taught by Hickam in order to provide greater access to the space between the bottom plate and the mounting interface.
Referring to claim 10, Gutierrez and Hickman teach a pump comprising all the limitations of claim 9, as detailed above, and Gutierrez further teaches a support wherein:
the below-surface piping contains multiple stages of impellers (Fig. 5A; paragraphs [0003] [0004] and [0033], claim 5, wherein pump 300 has multiple stages and therefore multiple impellers).
Referring to claim 11, Gutierrez and Hickman teach a pump comprising all the limitations of claim 9, as detailed above, and while each of the support legs 110 of Gutierrez has an inward bent shape, they do not contain first and second straight portions coupled to a bent portion. Hickam further teaches a support wherein:
each stabilizer is coupled to a corresponding supporting leg at the bend portion (Fig. 2, annotated above; paragraphs [0024]-[0026]).
Referring to claim 12, Gutierrez and Hickman teach a pump comprising all the limitations of claim 9, as detailed above, but do not specifically discuss how a length, a thickness, or a bend angle of each supporting leg is determined. However, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, that one or more of a length, a thickness, or a bend angle of each supporting leg is determined based on one or more of a size of the mounting interface, a weight of the motor, or a reduction of a size of the bottom plate and a length of the horizontal portion of the discharge pipe, since the length and bend angle are inherently designed to connect the mounting interface to the bottom plate while also providing space for the discharge pipe, as determined by at least one or more of, among other things, a size of the mounting interface, a size of the bottom plate and a length of the horizontal portion of the discharge pipe, and further at least the size of the mounting interface, and weight of the motor will inherently determine the thickness of each supporting leg to provide at least the necessary strength for the desired, base plate area, pipe support deflection, and natural frequency.
Referring to claim 13, Gutierrez and Hickman teach a pump comprising all the limitations of claim 12, as detailed above, and while each of the support legs 110 of Gutierrez has an inward bent shape, they do not contain first and second straight portions coupled to a bent portion, and Hickam does not specifically discuss how a location of the bend portion of each supporting leg is determined. However, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, that in the combination of Gutierrez and Hickam above that a location of the bend portion of each supporting leg is determined based on, among other things, the size of the bottom plate and a length of the horizontal portion of the discharge pipe in order to support the motor and have space for the horizontal pipe and since these sizes are inherently design considerations for supporting the motor while also providing room for the horizontal pipe.
Referring to claim 14, Gutierrez and Hickman teach a pump comprising all the limitations of claim 9, as detailed above, and Gutierrez further teaches a pump wherein:
the plurality of supporting legs (110) includes four supporting legs, and the plurality of stabilizers (112) includes four stabilizers (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]).
Referring to claim 15, Gutierrez and Hickman teach a pump comprising all the limitations of claim 9, as detailed above, and Gutierrez further teaches a support wherein:
one or more of the mounting interface or the bottom plate have an "O" ring shape, a square shape, a rectangular shape, a solid circle shape, or an elliptical shape (Figures 3-5d, Fig. 3 annotated above; paragraphs [0032]-[0046]).
Gutierrez is silent as to how the one or more of the mounting interface, the supporting legs, the central plate, the bottom plate, the stabilizers, or the discharge pipe are coupled together, however, Gutierrez teaches the use of welding for at least the discharge flange (paragraph [0022]). It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art to make one or more of the mounting interface, the supporting legs, the central plate, the bottom plate, the stabilizers, or the discharge pipe are coupled together welding, as taught by Gutierrez for the discharge flange, because it has been held that a simple substitution of one known element, the welding disclosed for the discharge flange, for another, the undisclosed connection means otherwise taught for the discharge head, to obtain predictable results, assembling the discharge head, was an obvious extension of prior art teachings, KSR, 550 U.S. at 419, 82 USPQ2d at 1396, MPEP 2141 III B.
Referring to claim 16, Gutierrez and Hickman teach a pump comprising all the limitations of claim 9, as detailed above, and Gutierrez further teaches a support wherein:
one or more of the supporting legs (110) or the stabilizers (112) are solid or hollow (both the supporting legs and the stabilizers must be one or the other of solid or hollow since there is no third possibility for any structure).
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2009/0180874 to Gutierrez in view of U. S. Patent Publication 2002/0036008 to Hickam and U. S. Patent 4,224,363 to Veronesi.
Referring to claim 8, Gutierrez and Hickman teach a pump comprising all the limitations of claim 1, as detailed above, but are silent as to the material used for the discharge head. Veronesi teaches a head wherein one or more of the mounting interface, the supporting legs, the central plate, the bottom plate, the stabilizers, or the discharge pipe are made from metal or metal allow alloy materials (col. 3 lines 28-31).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art to make one or more of the mounting interface, the supporting legs, the central plate, the bottom plate, the stabilizers, or the discharge pipe from metal or metal allow alloy materials, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Referring to claim 17, Gutierrez and Hickman teach a pump comprising all the limitations of claim 9, as detailed above, but are silent as to the material used for the discharge head. Veronesi teaches a head wherein one or more of the mounting interface, the supporting legs, the central plate, the bottom plate, the stabilizers, or the discharge pipe are made from metal or metal allow alloy materials (col. 3 lines 28-31).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art to make one or more of the mounting interface, the supporting legs, the central plate, the bottom plate, the stabilizers, or the discharge pipe from metal or metal allow alloy materials, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant's arguments filed May 6, 2026 have been fully considered but they are not persuasive.
The Applicant argues that Gutierrez does not teach a bend portion as claimed. Remarks 2. However, as detailed above, it is Hickman that is relied upon for this teaching.
The Applicant argues that Hickman is not analogous art. Remarks 3. It has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Hickmann is reasonably pertinent to the particular problem with which the inventor was concerned, that being the supporting of structures.
The Applicant argues that since the components of Hickman serve a different purpose, there would be no motivation to combine the references to achieve the claimed outcome. Remarks 3-4. The fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). Since the structures are the same, the claimed outcome would naturally flow from the combination detailed above. The motivation for using these structures does not have to be the same in the prior art and the application.
The Applicant argues that there is no motivation to combine Gutierrez and Hickman. However, as detailed above, it would have been obvious to modify the pump taught by Gutierrez with the support legs having straight and bend portions taught by Hickam in order to provide greater access to the space between the bottom plate and the mounting interface.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746
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