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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant's election with traverse of Species 1-10 and 13-16, directed to Figures 1-21 and 24-45 in the reply filed on 11/6/25 is acknowledged. The traversal is on the ground(s) that the elected grouping of species do not lack unity of invention as they are linked to form a single general inventive concept. Examiner acknowledges Applicant’s traversal and also finds the elected grouping of species and corresponding claims amount to a single general inventive concept. As such, Applicant’s election encompassing claims 1-6, 9, 11, 16 and 19 are examined.
The requirement regarding the balance of unelected Species is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6, 9, 11, 16 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the fluid assemblies" in line 6. There is insufficient antecedent basis for this limitation in the claim. It is also unclear to which fluid subassemblies of the at least two fluid subassemblies the limitation refers to, rendering the claim indefinite. For examination purposes, as best understood by the Examiner in view of the specification, the limitation will be interpreted as “the at least two fluid subassemblies”. Examiner suggests amending the claim as such to overcome the antecedent basis and indefiniteness issues.
The term “close” in line 17 of claim 1 is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. As best understood in view of the specification, the limitation will be interpreted as referring to any position in the vicinity of the fluid control apparatus.
Claims 2-6, 9, 11, 16 and 19 are also indefinite by virtue of their dependency on Claim 1.
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 and 11 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Dehrmann et al. (US 11808362), hereinafter: “Dehrmann”.
In Regard to Claim 1
Dehrmann teaches:
A fluid control apparatus, comprising:
an actuation assembly(100);
at least two fluid subassemblies(110A,110C);
a limiting assembly(see annotated fig below); and
a main housing(200,300), wherein
at least one of the fluid subassemblies comprises a pump assembly(Col 12, ln. 47-53), the actuation assembly comprises a stator assembly(210A,210B,210C,210D; Col 11, ln. 22-37), and the pump assembly comprises a rotor assembly(310A, 310B, 310C; Col 11, ln. 38-58), a positioning shaft(316,317) and an isolation sleeve(150,152);
the rotor assembly and the positioning shaft are limitedly arranged(via the limiting assembly, see annotated fig below), the rotor assembly comprises a magnetic assembly(Col 14; ln. 27-56), at least a part of the magnetic assembly is located within a range of a magnetic field of the stator assembly in an operation state(Col 11, ln. 38-58), and at least a part of the isolation sleeve is located between the stator assembly and the rotor assembly(visually apparent in Fig 2A-2B), wherein the main housing is provided with a first chamber(see annotated fig below), and at least a part of the pump assembly is located inside the first chamber(visually apparent in Fig 2A); and
the positioning shaft is located in the rotor assembly(316,317 is part of the rotor and is therefore located in the rotor assembly; Fig 2A-2B), a first side of the positioning shaft in an axial direction(see annotated fig below) and the isolation sleeve are limitedly arranged(isolation sleeve 150,152 limited by housing 200,300 and shaft 316,317 limited by the limiting assembly), the limiting assembly is arranged close to a second side of the positioning shaft in the axial direction(see annotated fig below), and the limiting assembly and the positioning shaft are limitedly arranged(via housing portion 342,300; see annotated fig below).
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In Regard to Claim 11
Dehrmann teaches:
The fluid control apparatus according to claim 1(see rejection of claim 1 above), wherein the main housing is further provided with second chambers(at 110B; Fig 1 and 4) and a communication passage(320A,320B), the first chamber and the second chamber are spaced apart(visually apparent in Fig 1), and the first chamber and at least one of the second chambers are in communication through the communication passage(110A is in communication with 110B via 320A, 320B); and
at least one of the at least two the fluid subassemblies comprises a valve assembly(110B comprises a valve assembly 330), the valve assembly comprises a valve core(330 is a valve core), and at least a part of the valve core is sealedly located inside the second chamber(see annotated fig below).
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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.
Claim(s) 2-6, 9, 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dehrmann in view of Uchiumi (JP 2019157685). The English translation provided of JP2019157685 to be referenced hereinafter.
In Regard to Claim 2
Dehrmann teaches:
The fluid control apparatus according to claim 1(see rejection of claim 1 above), wherein the rotor assembly further comprises an impeller assembly(340), at least a part of the impeller assembly and the magnetic assembly are arranged in the axial direction of the rotor assembly(as visually apparent in Fig 2A,3, both extend axially along 310A,310B and 310C), at least a part of the magnetic assembly is sleeved on an inner surface side of the stator assembly(as shown in Fig 2A, 3 at least part of the magnets are sleeved to an inner surface side of the stator assembly 200), and the isolation sleeve comprises an end wall portion(152) and a connecting portion(center portion of 152 at 312A; Fig 2A), wherein an extending direction of the end wall portion intersects with an axial direction of the rotor assembly(visually apparent in Fig 2A)
Dehrmann fails to teach:
in the axial direction of the rotor assembly, at least a part of the connecting portion protrudes from the end wall portion and a side of the positioning shaft and the connecting portion are limitedly arranged.
Uchiumi teaches:
An analogous fluid pumping assembly(1) having a rotor assembly(5), a stator assembly(6), a shaft(17), an isolation sleeve(11), wherein the rotor assembly and the shaft is limitedly arranged by a limiting assembly(Fig 4), the isolation sleeve having an end wall portion(11c) and a connecting portion(11h), wherein in the axial direction of the rotor assembly, at least a part of the connecting portion protrudes from the end wall portion(visually apparent from Fig 4) and a side of the positioning shaft and the connecting portion are limitedly arranged(visually apparent in Fig 4; P[0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dehrmann to incorporate the teachings of Uchiumi to substitute the shaft supporting assembly of Dehrmann with the shaft supporting assembly Uchiumi such that the connecting portion protrudes from the endwall portion in an attempt to better hold the end of the shaft(P[0029]). Since both references are directed to pumping assemblies with similar rotor, stator and shaft holding configurations that function in the same manner, and the result is a simple substitution which would yield predictable results. In this case, the predictable result would be the use of a protruding connecting portion to fix an end of the shaft. Furthermore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine these two references because it is obvious to substitute one known element for another to obtain predictable results. See MPEP 2143(B).
In Regard to Claim 3
Dehrmann in view of Uchiumi teaches:
The fluid control apparatus according to claim 2(see rejection of claim 2 above),
wherein the pump assembly further comprises a pump cover(300,342), at least a part of the pump cover is located on an outer peripheral side of the impeller assembly(342 is located on an outer peripheral side of the impeller; Fig 1,2A), at least a part of the pump cover is located inside the first chamber(Fig 1,2A), at least a part of the limiting assembly is located at the pump cover(Fig 2A);
and the pump cover is separately formed with and sealedly connected to the main housing(col 14, ln. 27-56; Fig 2A; as fluid flows into opening 344, 342 must be sealedly connected to 300 otherwise fluid would not flow through 344).
Uchiumi further teaches:
A limiting assembly having a groove(see annotated fig below), and an end portion of a second side of the positioning shaft is located in the groove and abuts with a bottom wall of the groove(see annotated fig below);
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In Regard to Claim 4
Dehrmann in view of Uchiumi teaches:
The fluid control apparatus according to claim 3(see rejection of claim 3 above), wherein the limiting assembly comprises a connecting rib and a supporting portion(see annotated fig above and Fig 6), wherein the connecting rib is distributed on an outer peripheral side of the supporting portion(see annotated fig above and Fig 6), the supporting portion is connected with the connecting rib, and the groove is located at the supporting portion(see annotated fig above and Fig 6); and
the pump cover is fixed with the main housing(Fig 2A of Dehrmann, pump cover is fixed to and therefore integral with the main housing) by injection molding(product-by-process limitation, see below), at least a part of the impeller assembly is located inside the first chamber(Fig 2A of Dehrmann), the main housing comprises a first duct(344) and a second duct(346) that are in communication with the first chamber(Col 14, ln. 27-56; Fig 2A; Fig 3 of Dehrmann), the connecting rib is connected with a peripheral wall of the first duct(Fig 4 and 6 of Uchiumi and Fig 2a of Dehrmann).
Examiner notes Applicant’s special definition of “being fixed by injection molding”, which means “to be formed into an integral structure by injection molding” as stated in P[0060] of the specification.
Regarding the limitation “fixed..by injection molding”, this is a product-by-process limitation. In accordance with MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product (in this case the pump cover fixed to the main housing), does not depend on its method of production (i.e. by injection molding), In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985). Further, where a product by process claim is rejected over a prior art product that appears to be identical, although produced by a different process, the burden is upon the applicants to come forward with evidence establishing an unobvious difference between the two. See In re Marosi, 218 USPQ 289 (Fed. Cir. 1983)
Additionally, it has been held in re Brown, 459 F.2d 531, 535, 173 USPQ 685, 688 (CCPA 1972). “[I]t is the patentability of the product claimed (in this case the pump cover fixed to the main housing) and not of the recited process steps (in this case by injection molding) which must be established. We are therefore of the opinion that when the prior art discloses a product which reasonably appears to be either identical with or only slightly different than a product claimed in a product-by-process claim, a rejection based alternatively on either section 102 or section 103 of the statute is eminently fair and acceptable. As a practical matter, the Patent Office is not equipped to manufacture products by the myriad of processes put before it and then obtain prior art products and make physical comparisons therewith.” (see MPEP 2113)
In Regard to Claim 5
Dehrmann in view of Uchiumi teaches:
The fluid control apparatus according to claim 3(see rejection of claim 3 above), wherein the rotor assembly comprises a first bearing(313; Fig 3 of Dehrmann) and a second bearing(313; Fig 3 of Dehrmann), and the first bearing and the second bearing are arranged in the axial direction of the rotor assembly(Fig 3 of Dehrmann); and
in the axial direction of the rotor assembly, the first bearing is located between the connecting portion and the magnetic assembly(313 at top of Fig 2A,3), and the second bearing is located between the magnetic assembly and the limiting assembly(313 at bottom of Fig 2A,3).
In Regard to Claim 6
Dehrmann in view of Uchiumi teaches:
The fluid control apparatus according to claim 5(see rejection of claim 5 above), wherein the limiting assembly comprises a first gasket(see annotated fig above), and the first gasket is abutted between the second bearing and the pump cover(as shown in Fig 2A of Dehrmann, the end of the shaft is inserted into the limiting assembly between the second bearing and the pump cover 342, as such, in combination, the first gasket would be positioned between the second bearing 313 and the pump cover 342).
In Regard to Claim 9
Dehrmann in view of Uchiumi teaches:
The fluid control apparatus according to claim 6(see rejection of claim 6 above), wherein the isolation sleeve and the positioning shaft are fixed by injection molding(product-by-process limitation; the isolation sleeve and shaft are fixed to and one another forming an integral structure at 11h; Fig 4 of Uchiumi)), and the magnetic assembly, the impeller assembly, the first bearing and the second bearing are fixed(Fig 3 of Dehrmann depicts a rotor assembly wherein the magnetic assembly, the impeller assembly, and the first and second bearing are fixed together to form an integral rotor unit) by injection molding(product-by-process).
Examiner notes Applicant’s special definition of “being fixed by injection molding”, which means “to be formed into an integral structure by injection molding” as stated in P[0060] of the specification.
Regarding the limitation “fixed by injection molding”, this is a product-by-process limitation. In accordance with MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product (in this case the isolation sleeve and the positioning shaft being fixed or the magnetic assembly, the impeller assembly, the first bearing and the second bearing being fixed), does not depend on its method of production (i.e. by injection molding), In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985). Further, where a product by process claim is rejected over a prior art product that appears to be identical, although produced by a different process, the burden is upon the applicants to come forward with evidence establishing an unobvious difference between the two. See In re Marosi, 218 USPQ 289 (Fed. Cir. 1983)
Additionally, it has been held in re Brown, 459 F.2d 531, 535, 173 USPQ 685, 688 (CCPA 1972). “[I]t is the patentability of the product claimed (in this case the isolation sleeve and the positioning shaft being fixed or the magnetic assembly, the impeller assembly, the first bearing and the second bearing being fixed) and not of the recited process steps (in this case by injection molding) which must be established. We are therefore of the opinion that when the prior art discloses a product which reasonably appears to be either identical with or only slightly different than a product claimed in a product-by-process claim, a rejection based alternatively on either section 102 or section 103 of the statute is eminently fair and acceptable. As a practical matter, the Patent Office is not equipped to manufacture products by the myriad of processes put before it and then obtain prior art products and make physical comparisons therewith.” (see MPEP 2113)
In Regard to Claim 16
Dehrmann in view of Uchiumi teaches:
The fluid control apparatus according to claim 4(see rejection of claim 4 above), wherein the rotor assembly comprises a first bearing(313; Fig 3 of Dehrmann) and a second bearing(313; Fig 3 of Dehrmann), and the first bearing and the second bearing are arranged in the axial direction of the rotor assembly(Fig 3 of Dehrmann); and
in the axial direction of the rotor assembly, the first bearing is located between the connecting portion and the magnetic assembly(313 at top of Fig 2A,3), and the second bearing is located between the magnetic assembly and the limiting assembly(313 at bottom of Fig 2A,3).
In Regard to Claim 19
Dehrmann in view of Uchiumi teaches:
The fluid control apparatus according to claim 2(see rejection of claim 2 above), wherein the main housing is further provided with second chambers(at 110B; Fig 1 and 4 of Dehrmann) and a communication passage(320A,320B), the first chamber and the second chamber are spaced apart(visually apparent in Fig 1 of Dehrmann), and the first chamber and at least one of the second chambers are in communication through the communication passage(110A is in communication with 110B via 320A, 320B - Dehrmann); and
at least one of the at least two the fluid subassemblies comprises a valve assembly(110B comprises a valve assembly 330), the valve assembly comprises a valve core(330 is a valve core), and at least a part of the valve core is sealedly located inside the second chamber(see annotated fig above).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 9562534 B2
Rosinski; Ryan David et al.
US 9115720 B2
Rosinski; Ryan David et al.
CN 113586458 A
CHEN, Rong-guo
CN 106640674 A
UNANNOUNCED INVENTOR
The above references are citing for teaching fluid handling assemblies with features similar to the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P WOLCOTT whose telephone number is (571)272-9837. The examiner can normally be reached M-F 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Court D. Heinle can be reached at (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P WOLCOTT/Primary Examiner, Art Unit 3745