DETAILED ACTION
Election/Restrictions
Claims 28-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/12/2026.
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.
Claims 16-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gilson 4,326,837.
Gilson discloses, regarding claim 16, a method for operating a fluid conveying device (see piston 102), the fluid conveying device having an electric motor 160 operatively connected and configured to drive a pump stage, the method comprising: rotating-speed-dependent controlling of the electric motor 160 when an actual speed of the electric motor 160 corresponds to at least one threshold value (see col. 8, lines 60-66); and step-by-step operation of the electric motor 160 (see Figures. 5-9; also, motor 160 is a stepping motor, see 400) when the actual speed of the electric motor 160 corresponds to a value below the at least one threshold value (see col. 8, line 60 – col. 9, line 25); Re claim 17, wherein a revolution of the electric motor 160 is subdivided into individual steps (clearly disclosed in col. 4, lines 35-52); Re claim 18, further comprising counting the individual steps (via 300 and 321 – see col. 2, lines 23-37); Re claim 19, wherein the counting the individual steps takes place during the rotating-speed-dependent controlling of the electric motor 160, or wherein the counting the individual steps takes place during the step-by-step operation, or wherein the counting the individual steps takes place during the rotating-speed-dependent controlling of the electric motor 160 and during the step-by-step operation of the electric motor 160 (see col. 9, lines 11-25, as well as claim 12); Re claim 20, wherein a nominal speed (see col. 8, line 63 – col. 9, line 2) of the electric motor 160 is determined by a nominal conveying volume (the term “nominal” is substantially broad) of the fluid conveying device, and/or wherein a nominal step count of the electric motor 160 and/or a nominal conveying volume of the fluid conveying device (see col. 7, lines 39-60 and col. 8, line 63 – col. 9, line 2); Re claim 21, wherein the step-by-step operation is a closed-loop control of the electric motor 160 (this is clearly the case, see Fig. 5); Re claim 22, wherein the rotating-speed-dependent controlling of the electric motor comprises positively or negatively accelerating the electric motor until the actual speed of the electric motor corresponds to the nominal speed of the electric motor (see col. 8, line 60 – col. 9, line 7); Re claim 23, wherein the electric motor 160 is stopped when no fluid conveying is required (substantially broad, a user could clearly do this); Re claim 24, wherein a position of the stopped electric motor 160 is maintained until fluid conveying is required and the electric motor 160 as a result thereof reassumes operation (substantially broad, a user could clearly operate the assembly in this way); Re claim 25, wherein the counting the individual steps continues beyond the stoppage of the electric motor 160 (substantially broad – how far beyond the stoppage? Because the steps will certainly be counted when the device reassumes operation after a stoppage).
Allowable Subject Matter
Claims 26-27 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 in the attached form 892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Peter J Bertheaud whose telephone number is (571)272-3476. The examiner can normally be reached 9am - 5pm M-F.
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PJB
/PETER J BERTHEAUD/Primary Examiner, Art Unit 3746
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