Prosecution Insights
Last updated: April 19, 2026
Application No. 18/684,027

A PUMPING SYSTEM WITH AN EQUALIZER TUBE

Non-Final OA §103
Filed
Feb 15, 2024
Examiner
EZELUOMBA, MIRIAM NCHEKWUBECHU
Art Unit
1776
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Dover Fueling Solutions UK Limited
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-65.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
25 currently pending
Career history
25
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
21.3%
-18.7% vs TC avg
§112
23.0%
-17.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 2151136-5, filed on September 16, 2021. Drawings The drawings are objected to under 37 CFR 1.83(a) because they fail to show lateral output pipe (31) as described in the specification (paragraphs 0104, 0105, and 0110). Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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. Specification The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. 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 non-obviousness. Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Osborne WO 9623724 A1, August 08, 1996 (hereinafter “Osborne”) in view of Fowler et al. U.S. Pub. No. 3905405 A, September 16, 1975 (hereinafter “Fowler”). Regarding claim 1, Osborne discloses a pumping system (col. 8, lines 29-75) for a fuel dispensing unit, comprising a pumping unit (figs. 1-2, pumping unit 10, col. 5, lines 9-14) configured to suck fuel from a fuel storage tank (col. 5, lines 3-8), the pump unit including a pump mechanism and an inlet chamber receiving fuel and an outlet chamber delivering fuel (col. 4, lines 6-12), and comprising a vapor or air separator (figs. 1-2, centrifugal air separator 20, col. 5, lines 18-24), for separating gas from fuel and circulating fuel having reduced gas content toward a fuel supply line while directing gas-enriched fuel toward the recovery or vapor collection chamber (col. 4, lines 10-19), and a manifold (col. 2, lines 20-35 and col. 3, lines 1-3) comprising a fuel inlet connected to the fuel storage tank, a first fuel outlet connected to a first supply inlet of the first pumping unit. Osborne further discloses that a plurality of separate forecourt fuel pumps each for delivering measured quantities of fuel lifted from the tank (col. 4, lines 23-30). However, Osborne fails to disclose a second pumping unit including a second air separator and a second recovery chamber, nor an equalizer tube fluidly connecting the first recovery chamber and the second recovery chamber. Fowler discloses a gasoline dispensing and vapor recovery system including multiple dispensing units connected to a common underground storage tank and vapor recovery system (col. 3, lines 25-38). Fowler further discloses vapor recovery conduits connecting multiple dispensing units through a common vapor handling system including conduits and a vacuum tank (col. 4, lines 34-60), thereby balancing pressures and facilitate stable fuel delivery with the system. Therefore, 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 system of Osborne to include fluid communication between vapor handling portions and multiple pump units as taught by Fowler in order to mange vapor flow and pressure within a multi-pump fuel dispensing system. The modification would have resulted in a pumping system including first and second pumping units supplied from a common tank and having vapor handling chambers connected by a conduit, thereby improving vapor management and operational stability of the fuel dispensing system. Regarding claim 2, Osborne discloses that vapor separated from the fuel is collected in a vapor chamber and passes through valves and passages associated with the pump mechanism while degassed fuel is delivered through the outlet chamber of the pump unit (col. 5, lines 17-24, and col. 7, lines1-7). Osborne discloses separate paths for vapor evacuation and fuel delivery from the separator chamber. It would have been obvious to one of ordinary skill in the art to provide such outlets in the recovery chambers of the combined system, as such modification represent an obvious implementation of known vapor separation structures used in fuel pumps to permit evacuation of gas and delivery of degassed fuel. Regarding claims 3, Osborne discloses a pump unit including a housing enclosing the pump mechanism and associated chamber (col. 5, lines 11-17). Such housing includes structural portions enclosing the pump mechanism ad chambers, corresponding to a pump body and cover arrangement. It would have been obvious to configure the pump housing with openings for receiving conduits connecting vapor chambers, such as the conduit suggested bu Fowler for vapor communication within the system, since providing openings in the pump housings for fluid conduits represent the application of a known technique to a known device ready for improvement. MPEP 2143(I)(C). Regarding claim 4, Osborne discloses a pump unit including a motor connected to the pump mechanism and supported within the pump housing (col. 5, lines 5-12). The precise shape of the cover or support structure for the motor represent a design choice that does not affect the basic operation of the pumping system. It would have been obvious to one of ordinary skill in the art to configure the pump housing or cover with structural portions supporting the motor, including various shapes such as an L-shaped configuration, to accommodate installation constraints within the fuel dispensing unit. MPEP 2144.04. Regarding claim 5, Osborne fails to disclose that the equalizer tube comprises a first part connected to a second part by means of a coupling. However, Fowler discloses vapor recovery conduits connecting multiple dispensing units through a common vapor handling system including conduits and a vacuum tank (col. 4, lines 34-60). Providing multiple conduits sections joined by a coupling is a well-known technique in fluid conduit systems to facilitate assembly, installation, ad maintenance. It would have been obvious to one of ordinary skill in the art to form the conduit connecting vapor chambers using multiple tube sections joined by a coupling in order to facilitate assembly within the confined space of a fuel dispensing unit. MPEP 2143(I)(B). Claims 6-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Osborne and Fowler, as applied to claim 1, in further view of Mooney et al. WO 02069066 A2, September 06, 2002 (hereinafter “Mooney”). Osborne is relied upon as above. Regarding claim 6, Osborne discloses a fuel dispensing pump assembly but fails to disclose pumping system comprises an additive dispensing unit connected to the first supply inlet of the first pumping unit or to the second supply inlet of the second pumping unit enabling the first pumping unit or the second pumping unit to supply a blend of fuel and additive to the first fuel supply line or the second fuel supply line. However, Mooney a method and apparatus for adding an additive to a fuel stream, including and additive storage tank (fig. 1, additive tank 1), an additive injection pump (4), and an additive pipe (11) connected to the fuel delivery pipe so that additive is introduced into the fuel during delivery (fig. 1, col. 5, lines 7-25). Mooney further discloses that additive is pumped through an additive pipe so that a blended mixture of fuel and additive is supplied to the delivery system. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the additive injection system of Mooney into the fuel dispensing system of Osborne modified by Fowler in order to enable blending of fuel with additives during fuel dispensing, which is a well-known feature used to improve fuel performance and meet fuel formulation requirements. Regarding claim 7, Osborne discloses a filter unit (figs. 1-2, filter unit 25, col. 6, lines 4-14). Providing filter within fuel dispenser systems is well known in the art to remove contaminants prior to fuel delivery and to protect the downstream components of the pumping system. It would therefore have been obvious to one of ordinary skill in the art to incorporate filter devices within the fuel supply lines of the combined system of Osborne and Fowler, particularly between fuel outlets and pump inlets to ensure clean fuel delivery. Further, because Mooney discloses injecting additive into a fuel delivery pipe through an additive pipe connected to the fuel line, it would have been obvious to provide an additive inlet associated with the filter device or fuel line region in order to introduce additive into the flowing fuel prior to delivery, thereby improving fuel mixing and allowing convenient integration of the additive injection system into the fuel supply line. Regarding claim 8, Osborne fails to disclose that the first additive inlet is arranged at a bottom section of the first filter device or the second filter device. However, Mooney discloses inlet check valves (fig.1, inlet check valve 3, 10, col. 5, lines 13-28). It would have been obvious to one of ordinary skill in the art at the time of the invention to position the additive inlet at the bottom portion of the filter device of fuel conduit in order to facilitate the introduction and mixing of additive into the flowing fuel stream and to take advantage of gravity-assisted entry and improved mixing of the additive with the fuel. Also, providing an inlet for additive injection along a conduit or component such as a filter housing represents a design choice to facilitate mixing of additive with the fuel stream. MPEP 2144.04. Regarding claim 9, Osborne fails to disclose that the additive inlet is arranged between a filter of the filter device and the supply inlet of the first pumping unit. However, Mooney discloses injecting additive into the fuel delivery pipe for mixing with the fuel stream (fig. 1, col. 5, lines 7-25), It would have been obvious to one of ordinary skill in the art to locate the additive inlet at various positions along the fuel conduit between upstream and downstream components, including between the filter device and the pump supply inlet, in order to introduce additive into the fuel stream prior to delivery and ensure proper mixing of the additive with the fuel. Regarding claim 10, Osborne discloses a fuel pumping system including pump units configured to draw fuel form a storage tank and deliver fuel through supply conduits to dispensing units supplied form a common fuel source (figs. 1-2, col. 5, lines 9-30). Fowler discloses a gasoline dispensing system including fuel delivery conduits connected between an underground storage tank and dispensing units (col. 4, lines 31-38). Additionally, Mooney discloses an additive injection system including an additive tank, additive pump, and additive pipe (fig. 1, col. 5, lines 7-25) connected to the fuel delivery pipe such that additive is introduced into the fuel stream during dispensing to produce blended mixture of fuel and additive. Mooney discloses introducing additive into a fuel delivery pipe through an additive pipe connected to the fuel line delivery conduit through connectors or couplings that enable the fluid communication between the additive line and the fuel line. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide an injection coupling connecting the additive dispensing unit to the filter device or fuel conduit in the combined system in order to enable controlled introduction of additive into the fuel stream. Such couplings re standard fluid connection components used in fuel delivery systems to connect auxiliary lines such as additive injection lines. Regarding claim 11, Fowler discloses the injector assembly (30) is preferably disposed below ground level in a well or bore (32) and includes a by-pass conduit which registers at one end with the line and extends into the tank (10) with its other end located near the floor of the tank (10) so that, upon flow occurring through the line, a portion of the fluid is by-passed through the by-pass conduit and passed back to the tank (fig. 2, col. 2 lines 61-68). Providing drain passages or bores in fuel system components allow fuel to toward upstream or downstream components for maintenance or operational purposes is a well-known design practice in fluid delivery systems. It would have been obvious to one of ordinary skill in the art to provide a drainage bore in the injection coupling of the combined system in order to facilitate drainage of fuel from the filter device toward the pumping unit, such as, during servicing or pressure relief operations. MPEP 2143. Regarding claim 13, Osborne discloses a fuel pumping system including pump units configured to draw fuel form a storage tank and deliver fuel through supply conduits to dispensing units supplied form a common fuel source (figs. 1-2, col. 5, lines 9-30). Fowler discloses a gasoline dispensing system including fuel delivery conduits connected between an underground storage tank and dispensing units (col. 4, lines 31-38). Additionally, Mooney discloses an additive injection system including an additive tank, additive pump, and additive pipe (fig. 1, col. 5, lines 7-25) connected to the fuel delivery pipe such that additive is introduced into the fuel stream during dispensing to produce blended mixture of fuel and additive. Mooney discloses the fuel dispensing systems may include multiple additive sources or delivery paths enabling the introduction of additives into the fuel stream (col. 13, lines 17-30), via delivery lines connected to the fuel conduits. It would have been obvious to one of ordinary skill in the art to provide multiple additive inlets connected to respective additive lines in the combined fuel dispensing system in order to permit introduction of different additives into the fuel stream or to control additive dosing. Claims 12 are rejected under 35 U.S.C. 103 as being unpatentable over Osborne, Fowler, and Mooney, in view of claim 11, in further view of Hariprasad CN 104169563 A, November 26, 2014 (hereinafter “Hariprasad”). Osborne is relied upon as above. Regarding claim 12, Osborne fails to disclose the drainage bore comprises an internal thread for screwing a pressure sensor. Hariprasad discloses a fuel supply device including pressure monitoring device installed within threaded ports of fluid conduits, wherein the threaded structure enables mounting of a pressure sensor to monitor pressure within the fuel line or associated components (paragraph 0017-0021). It would have been obvious to one of ordinary skill in the art to modify the injection coupling of the combined system of Osborne and Fowler to include an internally threaded drainage bore configured to receive a pressure sensor as taught by Hariprasad, in order to monitor fuel pressure within the conduit or filter device region and ensure proper operation of the fuel dispensing system. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRIAM N EZELUOMBA whose telephone number is (571)272-0110. The examiner can normally be reached Monday-Friday 8:00am-4:30pm. 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, Jennifer Dieterle can be reached at 5712707872. 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. /M.N.E./ Examiner, Art Unit 1776 /Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776
Read full office action

Prosecution Timeline

Feb 15, 2024
Application Filed
Mar 10, 2026
Non-Final Rejection — §103 (current)

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month