DETAILED ACTION
Response to Amendment
The Amendment filed February 5, 2026 has been entered. Claims 1 – 6 and 9 are pending in the application with claims 7, 8 and 10 – 14 being cancelled.
Claim Objections
Claim 9 is objected to because of the following informality:
Claim 9, last four lines: “wherein the plurality of valve modules are arranged along a horizontal direction, and the plurality of actuators are arranged along a horizontal direction intersecting the arrangement direction of the valve modules, in such a manner that the plurality of valve modules are interposed therebetween when being viewed in a vertical direction” should read --wherein the plurality of valve modules are arranged along a first direction, and the plurality of actuators are arranged along a second direction intersecting the arrangement direction of the valve modules, in such a manner that the plurality of valve modules are interposed therebetween when being viewed in the vertical direction--. This change (in view of applicant’s filed fig. 11) is suggested to better reflect the frame of reference required by amended claim 1, upon which claim 9 depends.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following claim limitation has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder “means” or “step for” coupled with functional language without reciting sufficient structure to achieve the function: “coupling means for coupling the first block and the second block together” in claim 1. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof: screw fastening using a plurality of fastening bolts (see ¶32 of filed specification).
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 nonobviousness.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over King et al. (US 4,571,160 – herein after King) in view of Takahashi, Osamu (EP 2604859A1 – herein after Takahashi).
In reference to claim 1, King teaches a pump device (see fig. 1) comprising:
a pump head (12+16); and
a device main body part (18) to which the pump head is to be detachably attached (see fig. 1 that shows use of cap screw and nut combinations 38), wherein
the pump head (12+16) includes:
a valve module (module formed by components 30, 32, 34) including a suction valve (30) and a discharge valve (32);
a first block (16) including a pump chamber (20);
a second block (12);
coupling means for coupling the first block and the second block together, while the valve module is accommodated inside,
the device main body part (18) includes a diaphragm (36) accommodated in the pump chamber (20) of the first block (16) and an actuator (62) that drives the diaphragm to reciprocate,
the pump chamber (20) is provided on a lower surface (bottom surface) of the first block (16); and
the actuator is provided in a position below the valve module and drives the diaphragm to reciprocate in vertical direction (as evident from fig. 1).
King does not teach the pump device, wherein the pump head includes: the valve module including “a module guide that integrally holds the suction valve and the discharge valve while the suction valve is located at a lower side and the discharge valve is located at an upper side so as to transport a transport fluid from the lower side to the upper side and that has a side flow path allowing an inter-valve flow path formed between the suction valve and the discharge valve to communicate with an outer lateral surface”, the first block including “a first accommodation chamber accommodating a lower part of the valve module, a suction port through which the transport fluid is suctioned, a suction-side flow path that connects the suction port to a lower part of the suction valve, a pump chamber of which an upper part is positioned below the side flow path of the valve module, and a pump chamber communication flow path that connects the pump chamber to the side flow path of the valve module” and the second block including “a second accommodation chamber accommodating an upper part of the valve module, a discharge port through which the transport fluid is discharged, and a discharge-side flow path that connects the discharge port to an upper part of the discharge valve”.
However, Takahashi teaches a pump device, comprising (see fig. 1):
a pump head (58+53); and
a device main body part (51) to which the pump head is attached (see fig. 1), wherein
the pump head (58+53) includes:
a valve module (module formed by components such as 71a, 71b, 72, 73) including a suction valve (71a), a discharge valve (71b), and a module guide (73 or 72+73) that integrally holds the suction valve and the discharge valve while (as evident from fig. 1) the suction valve is located at a lower side (relative to discharge valve) and the discharge valve is located at an upper side (relative to suction valve) so as to transport a transport fluid from the lower side to the upper side and that has a side flow path (81) allowing an inter-valve flow path (path formed by channel in which spring 80 is present) formed between the suction valve (71a) and the discharge valve (71b) to communicate (to fluidly communicate) with an outer lateral surface (right surface of component 72);
a first block (53) including a first accommodation chamber (space) accommodating a lower part of the valve module (for instance, lower part of the valve module being 72), a suction port (56) through which the transport fluid is suctioned, a suction-side flow path (77) that connects the suction port to a lower part of the suction valve (71a), a pump chamber (52) of which an upper part (top portion in view of fig. 1) is positioned below the side flow path (81) of the valve module, and a pump chamber communication flow path (78) that connects the pump chamber (52) to the side flow path (81) of the valve module;
a second block (58) including a second accommodation chamber (space) accommodating an upper part of the valve module (for instance, upper part of the valve module being 62+64+top portion of 71b), a discharge port (top opening of channel 60) through which the transport fluid is discharged, and a discharge-side flow path (63) that connects the discharge port to an upper part of the discharge valve (71b);
coupling means (see schematic/cross-section of threads in fig. 1) for coupling the first block (53) and the second block (58) together, while the valve module is accommodated inside (as evident from fig. 1),
the device main body part (51) includes a pumping element (57) accommodated in the pump chamber (52) of the first block (53) and an actuator (see fig. 8: cam 19 and/or tappet 20) that drives the pumping element to reciprocate, and
the actuator is provided in a position below the valve module and drives the diaphragm to reciprocate in vertical direction (as evident from fig. 1).
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the pump device of King for incorporating an integrated vertical valve module and modular block layout as taught by Takahashi to achieve a balance between fluid feeding efficiency and reliability with respect to sealing performance and resistance to valve sticking, especially under tight pump size restriction, as evidenced by Takahashi (see ¶6, lines 1-4 and ¶10, last four lines).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over King in view of Takahashi and further in view of Sassnick et al. (US 2016/0273532 – herein after Sassnick).
King, as modified, does not teach the pump device, comprising: “a plurality of valve modules each being the valve module; a plurality of first accommodation chambers each being the first accommodation chamber and a plurality of second accommodation chambers each being the second accommodation chamber accommodating the plurality of valve modules; and a plurality of pump chambers each being the pump chamber, a plurality of diaphragms each being the diaphragm, and a plurality of actuators each being the actuator corresponding to the plurality of valve modules, wherein the plurality of valve modules are arranged along a horizontal direction, the suction port is formed in a lateral surface of the first block, the suction-side flow path includes a first suction-side flow path extending horizontally and communicating with the suction port and a plurality of second suction-side flow paths that allow the first suction-side flow path to vertically communicate with the plurality of first accommodation chambers, the discharge port is formed in a lateral surface of the second block, the discharge-side flow path includes a first discharge-side flow path extending horizontally and communicating with the discharge port and a plurality of second discharge-side flow paths that allow the first discharge-side flow path to vertically communicate with the plurality of second accommodation chambers, and the actuators drive the plurality of diaphragms individually in a phase shifted manner”.
However, Sassnick teaches a pump device, comprising (see fig. A below): a plurality of valve modules (labeled “V”); a plurality of first accommodation chambers (spaces within first block) and a plurality of second accommodation chambers (spaces within second block) accommodating the plurality of valve modules; and a plurality of pump chambers (within first block), a plurality of pumping elements (3), and a plurality of actuators (labeled “A”) corresponding to the plurality of valve modules, wherein the plurality of valve modules are arranged along a horizontal direction (↔), the suction port (see fig. A below) is formed in a lateral surface (side surface) of the first block, the suction-side flow path includes a first suction-side flow path (labeled “s1”) extending horizontally and communicating with the suction port and a plurality of second suction-side flow paths (labeled “s2”) that allow the first suction-side flow path to vertically communicate, the discharge port (see fig. A below) is formed in a lateral surface (side surface) of the second block, the discharge-side flow path includes a first discharge-side flow path (labeled “d1”) extending horizontally and communicating with the discharge port and a plurality of second discharge-side flow paths (labeled “d2”) that allow the first discharge-side flow path to vertically communicate, and the actuators drive the plurality of pumping elements individually in a phase shifted manner (see fig. 1: pistons 3 are shown at different heights; this visual representation demonstrates that they are executing their suction and discharge cycles at different intervals – which is the exact physical definition of operating in a phase-shifted manner).
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Fig. A: Edited figs. 1-2 of Sassnick to show claim interpretation.
It would have been obvious to the person of the ordinary skill in the art before the effective filing date of the invention to further modify the pump device of King and Takahashi for provision of plural valve modules, plural diaphragms, plural actuators, claimed arrangement of suction port, discharge port, suction-side flow path and discharge-side flow path, and claimed driving of the actuators individually in a phase shifted manner motivated by Sassnick for the well-known purpose of increasing the overall fluid displacement and pressure-feeding capacity while also smoothing fluid discharge pressure ripples.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over King in view of Takahashi and further in view of Sassnick et al. (US 2016/0273532 – herein after Sassnick) and Shreve et al. (US 2013/0340609 – herein after Shreve).
King, as modified, does not teach the pump device, comprising: “a plurality of valve modules each being the valve module; a plurality of first accommodation chambers each being the first accommodation chamber and a plurality of second accommodation chambers each being the second accommodation chamber accommodating the plurality of valve modules; and a plurality of pump chambers each being the pump chamber, a plurality of diaphragms each being the diaphragm, and a plurality of actuators each being the actuator corresponding to the plurality of valve modules, wherein the plurality of valve modules are arranged along a horizontal direction, the suction port is formed in a lateral surface of the first block, the suction-side flow path includes a first suction-side flow path extending horizontally and communicating with the suction port and a plurality of second suction-side flow paths that allow the first suction-side flow path to vertically communicate with the plurality of first accommodation chambers, the discharge port is formed in an upper surface of the second block, the discharge-side flow path is provided so as to allow the discharge port to diagonally communicate with each of the plurality of second accommodation chambers, and the actuators drive the plurality of diaphragms individually in a phase shifted manner”.
However, Sassnick teaches a pump device, comprising (see fig. A above): a plurality of valve modules (labeled “V”); a plurality of first accommodation chambers (spaces within first block) and a plurality of second accommodation chambers (spaces within second block) accommodating the plurality of valve modules; and a plurality of pump chambers (within first block), a plurality of pumping elements (3), and a plurality of actuators (labeled “A”) corresponding to the plurality of valve modules, wherein the plurality of valve modules are arranged along a horizontal direction (↔), the suction port (see fig. A above) is formed in a lateral surface (side surface) of the first block, the suction-side flow path includes a first suction-side flow path (labeled “s1”) extending horizontally and communicating with the suction port and a plurality of second suction-side flow paths (labeled “s2”) that allow the first suction-side flow path to vertically communicate, the discharge port (see fig. A above) is formed in a lateral surface (side surface) of the second block, the discharge-side flow path (“d1+d2”), and the actuators drive the plurality of pumping elements individually in a phase shifted manner (see fig. 1: pistons 3 are shown at different heights; this visual representation demonstrates that they are executing their suction and discharge cycles at different intervals – which is the exact physical definition of operating in a phase-shifted manner).
It would have been obvious to the person of the ordinary skill in the art before the effective filing date of the invention to further modify the pump device of King and Takahashi for provision of plural valve modules, plural diaphragms, plural actuators, claimed arrangement of suction port, discharge port, suction-side flow path and discharge-side flow path, and claimed driving of the actuators individually in a phase shifted manner motivated by Sassnick for the well-known purpose of increasing the overall fluid displacement and pressure-feeding capacity while also smoothing fluid discharge pressure ripples.
King, as modified, remains silent on the pump device wherein the discharge port is formed in an upper surface of the second block and wherein the discharge-side flow path is provided so as to allow the discharge port to diagonally communicate with each of the plurality of second accommodation chambers.
However, Shreve teaches a provision of a discharge port (52) in an upper surface of a block (24) and wherein a discharge flow path (54; see ¶23: “Notwithstanding, the outlet channel 54 can be machined at other angles, for example, sloping upwards towards the outlet port 52, such that the angle between the outlet port 52 (or the secondary outlet channel 58) and the primary outlet channel 54 is greater than 90 degrees and downstream is at a higher point than upstream (the terms downstream and upstream being used with respect to the direction of solvent flow, which flows from upstream to downstream)”) is provided so as to allow the discharge port to diagonally communicate with a chamber (60).
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the location of the discharge port and its corresponding communication (via discharge-side flow path) with the corresponding second accommodation chamber in the second block of King’s modified pump device such that the discharge port is located in an upper surface of the second block and the discharge-side flow path allows for diagonal communication between the discharge port and the corresponding second accommodation chamber as taught by Shreve in order to facilitate purging of gas bubbles, as recognized by Shreve (see ¶23).
Allowable Subject Matter
Claims 4 – 6 and 9 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:
With respect to claim 4: King, as modified, teaches (as discussed above) the pump device wherein the module guide (of Takahashi) includes a first guide part (72) fitted in the first accommodation chamber (space within asserted first block 53) and a second guide part (73). The previously cited reference (on record) of Hembree teaches the module guide (figs. 15-16), utilized in horizontally arranged and operated pump device, with provision of seals for the well-known purpose of fluid-tight arrangement of components within the pump device. However, King, as modified by Takashi and Hembree, fails to teach the module guide that does not have a shape of stepped circular cylinder and wherein the second guide part is not fitted in the second accommodation chamber (space within asserted second block 58 of Takahashi). Any conclusion of obviousness would be based upon improper hindsight reasoning, using knowledge gleaned only from the applicant’s disclosure. Thus, the prior arts of record alone or in combination specifically fails to teach a vertically arranged and operated pump device, wherein: “the module guide is formed to have a shape of a stepped circular cylinder including: … a second guide part that is to be fitted in the second accommodation chamber, is positioned on the discharge valve side, and has a smaller diameter than an outside diameter of the first guide part”, as in claim 4.
With respect to claim 9: King, as modified, teaches (Sassnick’s fig. 1) the pump device with plural claimed components in the claim (see rejection of claims 2 or 3 above). As seen in Sassnick, the plurality of actuators and valve modules arranged along a same horizontal direction. However, King, as modified by Sassnick, fails to teach the claimed arrangement of the valve modules between the actuators. Any conclusion of obviousness would be based upon improper hindsight reasoning, using knowledge gleaned only from the applicant’s disclosure. Thus, the prior arts of record alone or in combination specifically fails to teach a vertically arranged and operated pump device, wherein: “wherein the plurality of valve modules are arranged along a first direction, and the plurality of actuators are arranged along a second direction intersecting the arrangement direction of the valve modules, in such a manner that the plurality of valve modules are interposed therebetween when being viewed in the vertical direction”, as in claim 9.
Claims 5 and 6 depend on claim 4.
Response to Arguments
Applicant’s arguments, dated 02/05/2026, have been fully considered and are persuasive. Therefore, the prior art rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as discussed above. A second Non-Final Action is hereby issued.
Conclusion
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/CHIRAG JARIWALA/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746
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