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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-4, 7-14, 18-19, 21-22 is/are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by Sinseder US 20240352931.
1. A stator 3 for a pump 12, comprising: a base body 5, wherein the base body surrounds a pumping area for a rotor 2 arrangement of the pump, the base body comprising a support body 26 and a running body 21, said running body configures a running surface (inner surface of 21) for at least partial contact with the rotor arrangement of the pump, wherein said support body and the running body include a common material (see e.g. 0096), wherein a material density of the material of the support body and a material density of the material of the running body are configured differently from one another, so that a different elasticity and/or a different hardness of the material in the support body and in the running body is achieved by means of the differently configured material densities (see e.g. Figs 2-3 and 0024).
2. The stator according to claim 1, wherein the material density of the running body is greater than the material density of the support body, so that the running body has a lower degree of elasticity than the support body, a higher degree of hardness than the support body, or both the lower degree of elasticity than the support body and the higher degree of hardness than the support body (see e.g. Figs 2-3 and 0024).
3. The stator according to claim 1, wherein the support body comprises at least one of a first support body part 26, a second support body part, a third support body part, and an additional support body part, wherein the material densities of the material of the respective support body part are configured differently from one another, so that by means of the differently configured material densities a different elasticity and/or a different hardness of the material in the respective support body part is achieved compared to the respective other support body part (only one is required), wherein the respective support body parts are arranged in layers situated primarily radially around the pumping area (only one is required).
4. The stator according to claim 1, wherein the support body comprises an inner structure, wherein the inner structure includes at least one of pores, cavities 25, and chambers and at least one of webs, lamellae, and material bridges 26, wherein the different elasticity and/or the different hardness of the material is achieved in the support body and in the running body by means of the macroscopic material densities configured by the at least one of pores, cavities and chambers and the at least one of webs, lamellae, and material bridges (see e.g. Figs 2-3 and 0024).
7. The stator according to claim 1, wherein the support body and/or the running body is manufactured by means of a material-shaping primary forming process (see additive manufacturing and 3D printing throughout including 0074 and 0096).
8. The stator according to claim 1, wherein the common material comprises an additional material, wherein the different material density is additionally changed by means of a respective proportion of the additional material in the support body, in the respective support body part and/or in the running body (see e.g. 0097).
9. The stator according to claim 1, wherein the common material comprises a plastic and/or a metal (see e.g. 0096).
10. A method for producing a stator 3 for a pump 12, wherein the stator comprises a base body (21, 26) having a support body 26 and a running body 21, the base body surrounds a pumping area for a rotor 2 of the pump (see e.g. Fig 3), and the running body configures a running surface for at least partial contact with the rotor of the pump (see e.g. Fig 3), wherein the base body includes material densities differing from one another (see e.g. Fig 2-3 and 0024), wherein the method comprises the following steps: introducing a material basic material into a production space so that the material basic material is present in the production space, treating the material basic material in the production space, wherein the material basic material is converted into a common material by means of the treatment (see additive manufacturing and 3D printing throughout including 0074 and 0096) and wherein the treatment is conducted differently for a first production area for producing the support body from the treatment for a second production area for producing the running body (see e.g. Figs 2-3, and 0024 wherein e.g. 21 differs from 25/26), in such a way that a material density of the material of the support body and a material density of the material of the running body are configured differently from one another (see e.g. Figs 2-3 and 0024), so that the stator is manufactured in such a way that a different elasticity and/or a different hardness of the material in the support body and in the running body are achieved by means of the differently adjusted material densities (see e.g. Figs 2-3 and 0024).
11. The method according to claim 10, wherein the treatment comprises a material-forming primary shaping method, wherein the treatment takes place in a common manufacturing process by an adjustment of the respective manufacturing parameters (see additive manufacturing and 3D printing throughout including 0074 and 0096 wherein e.g. 3D location parameters are adjusted to cause a 3D product to be produced).
12. A stator 3 for a pump 12, comprising: a base body (26, 21), wherein the base body surrounds a pumping area for a rotor arrangement 2 of the pump, the base body comprising a support body 26 and a running body 21, the running body configures a running surface for at least partial contact with the rotor arrangement of the pump (se e.g. Fig 3), wherein the support body and the running body include a common material (see e.g. 0096), wherein a material density of the material of the support body and a material density of the material of the running body are configured differently from one another, so that a different elasticity and/or a different hardness of the material in the support body and in the running body is achieved by means of the differently configured material densities (see e.g. Figs 2-3 and 0024), which is produced by a material-forming primary shaping method, that takes place in a common manufacturing process by an adjustment of respective manufacturing parameters (see additive manufacturing and 3D printing throughout including 0074 and 0096 wherein e.g. 3D location parameters are adjusted to cause a 3D product to be produced).
13. The stator according to claim 2, wherein the support body comprises at least one of a first support body part 26, a second support body part, a third support body part and an additional support body part, wherein the material densities of the materials of the respective support body part are configured differently from one another, so that by means of the differently configured material densities a different elasticity and/or a different hardness of the material in the respective support body part is achieved compared to the respective other support body part (only one is required), wherein the respective support body parts are arranged in layers situated primarily radially around the pumping area (only one is required).
14. The stator according to claim 2, wherein the support body comprises an inner structure, wherein the inner structure includes at least one of pores, cavities 25 and chambers and at least one of webs, lamellae and material bridges 26, wherein the different elasticity and/or the different hardness of the material is achieved in the support body and in the running body by means of the macroscopic material densities configured by a distribution of the at least one of pores, cavities and chambers and the at least one of webs, lamellae and material bridges (see e.g. Figs 2-3 and 0024).
18. (New) The stator according to claim 7, wherein the material-shaping primary forming process comprises an additive process and/or by means of a sintering process (see additive manufacturing and 3D printing throughout including 0074 and 0096).
19. (New) The stator according to claim 9, wherein the plastic comprises an elastomer, a duroplast, and/or a thermoplastic (see e.g. 0086, 0096).
21. (New) The method according to claim 11, wherein the material-forming primary shaping method comprises an additive method and/or a sintering method (see additive manufacturing and 3D printing throughout including 0074 and 0096).
22. (New) The stator according to claim 12, wherein the material-forming primary shaping method comprises an additive method and/or a sintering method (see additive manufacturing and 3D printing throughout including 0074 and 0096).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sinseder US 20240352931 in view of Waites GB 2338268 A.
Sinseder does not disclose the limitations of claims 5-6. However, Waites discloses a pressure system which includes the use of applying pressure to the radially other portion of the stator 2 via a pressure supply line 11 with a control valve 12. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize the pressure system of Waites in the system of Sinseder to gain the benefit of “The clearance between a stator 2 and a rotor 4 of a progressive cavity or helical gear pump is adjustable, to allow for wear” as taught by Waites in the abstract.
With this modification, Sinseder as modified above would disclose:
5. The stator according to claim 4, wherein the inner structure is configured to be accessible through fluid conducting, by means of one or more pressure fluid supply lines (11 of Wilkes), wherein by introducing a pressure fluid through the one or more pressure fluid supply lines into the at least one of pores, cavities, and chambers of the inner structure (on the radially outer portion of the stator of Sinseder), a pressure-generated force on the running body is adjusted by releasing the pressure fluid through the one or more pressure fluid supply line (through the line controlled by 13) from the at least one of pores, cavities, and chambers of the inner structure (on the radially outer portion of the stator of Sinseder).
6. The stator according to claim 5, wherein the one or more pressure fluid supply lines are controlled to regulate the introduction and/or release of the pressure fluid through the one or more pressure fluid supply lines (controlled by 12 and 13 as in “The clearance between a stator 2 and a rotor 4 of a progressive cavity or helical gear pump is adjustable, to allow for wear.” in the abstract and “The chamber 9 is connected to a source of pressurised fluid such as an injector pump (indicated schematically by reference numeral 10) via a conduit 11 and an inlet valve 12. The interior of the chamber 9 is provided with a pressure sensor (not shown) that is electrically connected to a controller (not shown) of the injection pump. An air bleed valve 13 in the wall of the chamber 9 permits removal of unwanted air in the chamber 9.” in page 3 at paragraph 1).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sinseder US 20240352931 in view of Delpassand US 20060153724.
Regarding claim 20, Sinseder discloses metal but does not specify the type of metal and thus does not disclose wherein the metal comprises steel, aluminum, and/or titanium.
Delpassand discloses steel/aluminum as a stator material (see e.g. 0025, 0027).
Additionally, it has been held to be within the general skill of a worker in the art to select a 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).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize steel or aluminum as a stator material in the system of Sinseder as taught by Delpassand to gain the benefit of using a known material for stators.
Response to Arguments
Applicant’s arguments with respect to the pending claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 THOMAS ANDREW FINK whose telephone number is (571) 270-3373. The examiner can normally be reached on M-Th 9-7.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached on (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4373.
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/Thomas Fink/Primary Examiner, Art Unit 3746
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