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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 09/29/20025 has been entered.
Remarks
This communication is in response to the 09/29/2025 RCE and IDS.
Claims 1-10 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/29/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 102
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) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by DE 10 2017 216 217 A1, cited by applicant.
As to claim 1.
D1 discloses an electric pump comprising:
a pump body (pump 12, fig. 1);
an annular elastic member (elastomer holder 14, fig. 2) to be arranged on an outer periphery of the pump body (fig. 1 shows elastomer holder 14 around pump 12); and
a lock member (insert 30) to be attached to the elastic member (as in fig. 1), wherein the elastic member (elastomer member 14) is split as a part of a peripheral direction (note ends 26 in fig. 2), and includes a pair of penetration holes (pair of holes 34) along an axial direction (an “axial direction” can be selected from any axial direction defined by a diameter of the holes 34, the diameter of which extends in longitudinal direction 16 as well as width direction 22, fig. 2) of the elastic member (14), at both end portions that face each other by the splitting of the peripheral direction (fig. 3 shows each of the holes ‘facing’ the other), and the lock member (30) is inserted (via corresponding 32) into the pair of penetration holes (34) at a position spaced apart from the outer periphery of the pump body (fig. 1) in such a way that the elastic member closely contacts with the pump body and holds the pump body (fig. 1).
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As to claim 2.
D1 discloses the electric pump according to Claim 1 (see explanation for claim 1), and further discloses
wherein the lock member (30) has a U-shape that includes a pair of holding portions (32) extending in the axial direction (an “axial direction” can be selected from a diameter of the connecting bolts 32, fig. 2, which extend in longitudinal direction 16 as well as width direction 22 as per fig. 1) and a connection portion (generally indicated by 44 in fig. 2) connecting a pair of the holding portions (32) to each other, and a pair of the holding portions are inserted into the pair of penetration holes (fig. 1).
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Allowable Subject Matter
Claims 3-10 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.
Conclusion
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
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, SPE Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. T. Newton/Primary Examiner, Art Unit 3673 7 April 2026