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 .
Remarks
This communication is in response to the 09/10/2025 reply.
The reply cancelled claim 4 and amended claims 1, 7, 11, 16.
The 35 U.S.C. 112 rejection of claims 11-12 is withdrawn.
The amendment renders the 35 U.S.C. 102 moot and is withdrawn.
In response to the amendments, a new rejection is provided below.
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, 3, 5, 6, 12, 13, 14 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 2008/0253913, hereinafter D1.
As to claim 1.
D1 discloses a rotary pump for delivering a fluid (fig. 1), the rotary pump comprising:
a pump housing (18) having a first fluid connection (one of suction opening 28 and pressure opening 32) and a second fluid connection (the other one of suction opening 28 and pressure opening 32), wherein the first fluid connection (one of suction opening 28 and pressure opening 32) and the second fluid connection (the other one of suction opening 28 and pressure opening 32) each open into a displacement chamber (chamber 36) of the pump housing (18);
a displacement rotor (rotor 20) arranged in the displacement chamber (chamber 36), wherein the displacement rotor (rotor 20) is rotatable about an axis of rotation (rotation axis 13) in a first direction of rotation (21) and a second direction of rotation opposite to the first direction of rotation (opposite of 21);
a plurality of displacement elements (plate-shaped delivery element 26) for delivering the fluid, wherein the plurality of displacement elements (plate-shaped delivery element 26) is distributed over the circumference (fig. 1) of the displacement rotor (rotor 20) and is radially movable (compare position of each element 26) with respect to the axis of rotation (rotation axis 13),
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wherein the displacement elements (plate-shaped delivery element 26) are configured to deliver (via rotation [0010]) the fluid to be delivered from the first fluid connection (one of suction opening 28 and pressure opening 32) to the second fluid connection (the other one of suction opening 28 and pressure opening 32) when the displacement rotor (rotor 20) is rotated in the first direction of rotation (21), and to deliver the fluid to be delivered from the second fluid connection (the other one of suction opening 28 and pressure opening 32) to the first fluid connection (one of suction opening 28 and pressure opening 32) when the displacement rotor (rotor 20) is rotated in the second direction of rotation (opposite of 21),
wherein the radial movement of the displacement elements (plate-shaped delivery element 26) radially inward is delimited by a pressure chamber (internal region 25) (internal region 25), wherein a fluid pressure introduced into the pressure chamber (internal region 25) presses the displacement elements (plate-shaped delivery element 26) radially outward ([0015]), and
wherein the displacement rotor (rotor 20) is arranged eccentrically ([0012] The inside of the circumference wall 18 of the pump housing 10 is situated eccentrically in relation to the rotation axis 13 of the rotor 20) in the pump housing (18).
As to claim 2.
D1 discloses wherein the first fluid connection (one of suction opening 28 and pressure opening 32) opens into a first chamber section (see annotated figure 1) of the displacement chamber (chamber 36) and the second fluid connection (the other one of suction opening 28 and pressure opening 32) opens into a second chamber section (see annotated figure 1) of the displacement chamber (chamber 36), wherein the first chamber section (see annotated figure 1) forms a suction zone (via fluid communication with suction opening 28) and the second chamber section (see annotated figure 1) forms a pressure zone (via fluid communication with pressure opening 32) when the displacement rotor (rotor 20) rotates in the first direction of rotation, and the first chamber section (see annotated figure 1) forms a pressure zone (via fluid communication with pressure opening 32) and the second chamber section (see annotated figure 1) forms a suction zone (via fluid communication with suction opening 28) when the displacement rotor (rotor 20) rotates in the second direction of rotation.
As to claim 3.
D1 discloses wherein each two of the plurality of displacement elements (adjacent ones of plate-shaped delivery element 26) arranged adjacent to one another in the circumferential direction of the displacement rotor (rotor 20), together with an outer circumferential surface (surface of 20) of the displacement rotor (rotor 20) and an inner circumferential surface (circumference wall 18) of the displacement chamber (chamber 36) delimit a displacement cell (as in fig. 1), wherein the volume of the respective displacement cell increases (see fig. 1) where the size in the suction zone (via fluid communication with suction opening 28) and decreases in the pressure zone (via fluid communication with pressure opening 32) when the displacement rotor (rotor 20) rotates about the axis of rotation (rotation axis 13).
As to claim 5.
D1 discloses wherein the radial movement of the displacement elements (plate-shaped delivery element 26) radially inward is delimited by a pressure chamber (internal region 25), wherein a fluid pressure introduced into the pressure chamber (internal region 25) presses the displacement elements (plate-shaped delivery element 26) radially outward ([0015]), and wherein the pressure chamber (internal region 25) is connected in a fluid-communicating manner either to the first chamber section (see annotated figure 1) or to the second chamber section (see annotated figure 1) depending on the direction of rotation of the displacement rotor (rotor 20).
As to claim 6.
D1 discloses wherein the radial movement of the displacement elements (plate-shaped delivery element 26) radially inward is delimited by a pressure chamber (internal region 25), wherein a fluid pressure introduced into the pressure chamber (internal region 25) presses the displacement elements (plate-shaped delivery element 26) radially outward, wherein the pressure chamber (internal region 25) is connected in a fluid-communicating manner to the second chamber section (see annotated figure 1) when the displacement rotor (rotor 20) rotates in the first direction of rotation, and wherein the pressure chamber (internal region 25) is connected in a fluid-communicating manner to the first chamber section (see annotated figure 1) when the displacement rotor (rotor 20) rotates in the second direction of rotation (opposite rotation requires the inlet (suction opening is an inlet) and outlet (pressure opening is an outlet) swap).
As to claim 12.
D1 discloses wherein the first fluid connection (one of suction opening 28 and pressure opening 32) forms an inlet (suction opening is an inlet) and the second fluid connection (the other one of suction opening 28 and pressure opening 32) forms an outlet (pressure opening is an outlet) when the displacement rotor (rotor 20) rotates in the first direction of rotation (21), and the first fluid connection (one of suction opening 28 and pressure opening 32) forms a high pressure the outlet (pressure opening is an outlet) and the second fluid connection (the other one of suction opening 28 and pressure opening 32) forms a low-pressure the inlet (suction opening is an inlet) when the displacement rotor (rotor 20) rotates in the second direction of rotation (opposite rotation results in inlet/outlet swap).
As to claim 13
D1 discloses wherein the rotary pump (see explanation for claim 1) is a rotary cell pump (fig. 1) for delivering a hydraulic liquid ([0010]).
As to claim 14.
D1 discloses fluid system for the chassis of a vehicle (this is a statement of intended use and carries no patentable weight, MPEP 2111.02), wherein the fluid system has a rotary pump according to claim 1 (see explanation for claim 1).
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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7-9, 10, 11, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0253913, hereinafter D1, in view of US 2,696,787, hereinafter D2.
As to claims 7-9.
D1 does not explicitly disclose the following which is taught by D2:
[claim 7] D2 teaches a pressure chamber (26) is configured to be connected in a fluid-communicating manner via a valve to fluid connections (43);
[claim 8] D2 teaches the valve (43) is a double-acting check valve (43 and col. 4, lns. 46+); and
[claim 9] D2 teaches the valve is a ball valve (fig. 6-7).
An invention is obvious where some teaching, suggestion, or motivation in the prior art would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Both D2 and D1 relate to pumps and it would be obvious to one of ordinary skill in the art to use the teachings of D2 to modify D1 to include a valve for the purpose of insuring a supply of fluid under pressure in the vane pressure chamber 31, regardless of rotating direction, (col. 4, ln 46+).
As to claim 15.
D1 does not explicitly disclose the following which is taught by D2:
D2 teaches a fluid system has an actuator (ball valve in figs. 6-7) or a chassis actuator, and the actuator or the chassis actuator is connected in a fluid-communicating manner to one of the fluid connections such that the actuator (figs. 6-7) or the chassis actuator is be fluidically pressurized and depressurized by the rotary pump (pump pressurizes one valve and depressurizes the other as in fig. 6).
An invention is obvious where some teaching, suggestion, or motivation in the prior art would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Both D2 and D1 relate to pumps and it would be obvious to one of ordinary skill in the art to use the teachings of D2 to modify D1 to include a valve for the purpose of insuring a supply of fluid under pressure in the vane pressure chamber 31, regardless of rotating direction, (col. 4, ln 46+).
As to claim 16.
D1 discloses
the first fluid connection (8) opens into a first chamber section (13) of the displacement chamber (defined by H) and the second fluid connection (9) opens into a second chamber section (16) of the displacement chamber (defined by H,
wherein the first chamber section (13) forms a suction zone (indicated by flow arrows) and the second chamber section (16) forms a pressure zone (indicated by flow arrows) when the displacement rotor (R) rotates in the first direction of rotation (fig. 4), and
the first chamber section (13) forms a pressure zone and the second chamber section (16) forms a suction zone when the displacement rotor (R) rotates in the second direction of rotation (opposite of fig. 4).
D1 does not explicitly disclose:
wherein the pressure chamber (26) is configured to be (note the phrase “configured to” is typically used to connect structure to a function, similar to the word “for.” “Configured to” (for) usually means the structure can perform the function with no additional modification therefore this recitation is interpreted as a functional recitation. While features of an apparatus may be recited either structurally or functionally; apparatus claims cover what a device is, not what a device does. MPEP 2114. All functional implications have been carefully considered but are deemed not to impose any patentably distinguishing structure over that disclosed by the prior art reference. The function which follows is an inherent characteristic of the prior art pump because the prior art pump is reversible per col. 1, ln. 28+) connected in a fluid-communicating manner via a valve (43) to at least one of the fluid connections (8, 9) or the chamber sections (13, 16).
D2 teaches a pressure chamber (26) is configured to be connected in a fluid-communicating manner via a valve (43) to at least one of the fluid connections (8, 9) or the chamber sections (13, 16).
An invention is obvious where some teaching, suggestion, or motivation in the prior art would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Both D2 and D1 relate to pumps and it would be obvious to one of ordinary skill in the art to use the teachings of D2 to modify D1 to include a valve for the purpose of insuring a supply of fluid under pressure in the vane pressure chamber 31, regardless of rotating direction, (col. 4, ln 46+).
As to claims 10-11.
D1 does not explicitly disclose the following which are taught by D2:
[claim 10] the valve (43) connects the pressure chamber (26) in a fluid-communicating manner to at least one of the second fluid connection (9) or the second chamber section (16), and
fluidically separates the pressure chamber (26) from at least one of the first fluid connection or from the first chamber section (13), when the displacement rotor (R) rotates in the first direction of rotation (as in the direction of flow arrows);
[claim 11] the valve (43) connects the pressure chamber (26) in a fluid-communicating manner to at least one of the first fluid connection (8) or the first chamber section (16), and fluidically separates the pressure chamber (26) from at least one of the second fluid connection (9) or from the second chamber section (16), when the displacement rotor rotates in the second direction of rotation (opposite to the direction of flow arrows).
An invention is obvious where some teaching, suggestion, or motivation in the prior art would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Both D2 and D1 relate to pumps and it would be obvious to one of ordinary skill in the art to use the teachings of D2 to modify D1 to include a valve for the purpose of insuring a supply of fluid under pressure in the vane pressure chamber 31, regardless of rotating direction, (col. 4, ln 46).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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, Justin Mikowski can be reached on (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
Mon 01-Dec-25
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