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 Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2019/0184095 A1), hereafter “Kim”.
As to claim 1, Kim discloses an electroosmotic pump (see Fig. 5) comprising: a housing (7) that provides an inner space (see annotated Fig. 5 below) for containing a fluid therein and has a shaft hole (annotated below) connecting the inner space to an outer space thereof; and a shaft assembly (1, 17) that covers the shaft hole from an outside of the housing (see Fig. 5), is connected to the housing, and is capable of changing a shape in a longitudinal direction by a flow of the fluid passing through the shaft hole (para 0046-0047, 0059; the examiner notes that “capable of changing a shape in a longitudinal direction by a flow of the fluid…” is merely a description of the capabilities of the shaft assembly – it is clear that the diaphragm is flexible and therefore capable of changing in shape as claimed).
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Claims 1 and 5 are rejected under a different interpretation of Kim below
As to claim 1, Kim discloses electroosmotic pump (see Fig. 5) comprising: a housing (19) that provides an inner space (annotated below) for containing a fluid therein and has a shaft hole (leftside opening of 19 that leads to space between 17) connecting the inner space to an outer space thereof (see Fig. 5); and a shaft assembly (1, 17) that covers the shaft hole from an outside of the housing, is connected to the housing, and is capable of changing a shape in a longitudinal direction by a flow of the fluid passing through the shaft hole (para 0046-0047, 0059; the examiner notes that “capable of changing a shape in a longitudinal direction by a flow of the fluid…” is merely a description of the capabilities of the shaft assembly – it is clear that the diaphragm is flexible and therefore capable of changing in shape as claimed).
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As to claim 5, Kim discloses the electroosmotic pump of claim 1, further comprising a membrane (25) that divides the inner space into a first space (space to left of membrane 25) and a second space (space to right of membrane 25), wherein the flow of the fluid passing through the shaft hole depends on a flow of the fluid passing through the membrane (para 0052, 0063, 0064).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hobson (US 6113366).
As to claim 1, Hobson discloses an electroosmotic pump (see Figs. 1-3) comprising: a housing (12) that provides an inner space (interior of 12, including the neck 21) for containing a fluid therein and has a shaft hole (top-most opening of neck 21) connecting the inner space to an outer space thereof; and a shaft assembly (11) that covers the shaft hole from an outside of the housing (Figs. 1-3), is connected to the housing (via threads; see para beginning line 40 col. 2), and is capable of changing a shape in a longitudinal direction by a flow of the fluid passing through the shaft hole ()via bellows 24 expanding; the examiner notes that “capable of changing a shape in a longitudinal direction by a flow of the fluid…” is merely a description of the capabilities of the shaft assembly – it is clear that the bellows 24 are capable of changing in shape as claimed).
Allowable Subject Matter
Claims 2-4 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 2, while Kim discloses the electroosmotic pump of claim 1 as described above, and further discloses wherein the shaft assembly (1, 17) comprises: an expansion/contraction member (17) that forms an expansion/contraction space communicating with the shaft hole para (Fig. 5, para 0046-0047, 0059); but is silent to a rod member that is coupled to the expansion/contraction member and is formed to extend while sharing a longitudinal central axis with the expansion/contraction member in combination.
Claims 3-4 depend from claim 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James D Ponton whose telephone number is (571)272-1001. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James D Ponton/Primary Examiner, Art Unit 3783
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