DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
2. This Office Action is responsive to the amendment filed on 05/01/2026. As directed by the amendment: claims 1-4, 10-12, 17 and 19-20 have been amended, no claims have been canceled, and no claims have been added. Thus, claims 1-20 are currently pending in this application.
Terminal Disclaimer
3. The terminal disclaimer filed on 05/01/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of the Patent US 12,092,115 B2 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Objections
4. In light of Applicant’s Amendment of 05/01/2026, the objection to claims 3 and 17-18 set forth in the Office Action of 03/24/2026, is hereby withdrawn.
5. Claims 4 and 12 are objected to because of the following informalities:
In claim 4, lines 5- 6: “the impeller is rotatably mounted on the spindle with the magnetic body submerged in the fluid in the cavity” should be changed to -- the impeller is rotatably mounted on the spindle with the magnetic body submerged in the fluid in a cavity of the container--(for clarity).
In claim 12, lines 7- 8: “rotatably mounting the spindle in the bore and submerging the magnetic body in the fluid contained in the cavity” should be changed to -- rotatably mounting the spindle in the bore and submerging the magnetic body in the fluid contained in a cavity of the container-- (for clarity).
Claim Rejections - 35 USC § 103
6. 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 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.
7. 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.
8. 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.
9. Claim(s) 1-3, 5-11 and 13 -20 are rejected under 35 U.S.C. 103 as being unpatentable over Wade (Pub. No.: WO 2009/070565 A1) in view of LUGMAYR et al. (hereinafter “LUGMAYR”) (Pub. No.: WO2018210740 (A1)), and further in view of Hunstable et al. (hereinafter “Hunstable”) (Pub. No.: US 2021/0067016 A1).
Regarding claims 1, 10 and 19-20, Wade discloses a pump assembly (pump assembly 10, as discussed in Paragraph [0018]) comprising:
a pump (pump section 14, as presented in annotated Figure 1 and Paragraph [0018]) including a pump housing (pump housing 42, see Paragraph [0020]& pump housing 42’, as presented in Paragraph [0030] and annotated Figure 7) having a fluid inlet (inlet section 46, as shown in annotated Figure 1& inlet 112, as shown in annotated Figure 7);
at least one fluid outlet (at least one outlet, as stated in Paragraph [0004]; outlet section 48 of the pump housing 42 that is including two passages 102, as detailed in Paragraph [0029] and depicted in annotated Figure 1 & outlets 110a and 110b, as discussed in Paragraphs [0030]-[0031]) extending from the pump housing (outlet section 48, which is including two passages 102, is surely extending from the pump housing 42 & outlets 110a&110b, as presented in Paragraph [0030] and annotated Figure 7);
an impeller (impeller 24, see Paragraphs [0004] & [0018] & [0020]) for moving a fluid from the fluid inlet to the at least one fluid outlet (for moving a fluid from the inlet to the outlet, as stated in Paragraph [0004]);
a valve member (valve member 52 that is located within the pump housing 42 between the walls of the pump housing 42 and the impeller 24, as discussed in Paragraphs [0020]-[0021] & valve member 52' that is in an intermediate position such that the outlet flow is about evenly split between the outlets 110a and 110b, as presented in Paragraph [0031]) rotatably mounted between the impeller (impeller 24) and the at least one fluid outlet (at least one outlet, see Paragraph [0004]; outlet section 48 of the pump housing 42 that is including two passages 102, as detailed in Paragraph [0029] and depicted in annotated Figure 1 & outlets 110a and 110b, as discussed in Paragraphs [0030]-[0031]) for selectively directing the flow of fluid through the at least one fluid outlet (as stated in Paragraph [0004], the rotary valve between the impeller and the outlet selectively controls fluid flow through the outlet).
Particularly, Wade demonstrates the pump assembly 10 that includes a motor section 12 and a pump section 14. “The motor section 12 includes a motor housing 16 that forms a motor cavity 18 therein. The motor housing 16 supports a stator 20 and a rotor portion 22 that is connected with an impeller 24 of the pump section 14” (see Paragraph [0018]).
Further, in Paragraph [0021], Wade especially teaches as how: The volute 56 includes a circular outer diameter surface 56a and a spiral inner diameter surface 56b
for discharging fluid from the circumferential opening 54. The magnetic ring assembly 58 includes a steel ring 58a secured with a magnetic ring 58b. The magnetic ring 58b may be made of a magnetic composite material or include magnets 58c that are overmolded with a plastic material, for example. The steel ring 58a may also be overmolded with the plastic material or heat staked to the magnetic ring 58b. The steel ring 58a facilitates distribution of magnetic flux. Alternatively, the magnets 58c may be incorporated into the volute 56, as represented by the dashed lines in Figure 2.
Still further, Wade, in Paragraph [0033], specifies: Figure 10 illustrates another example pump assembly 300 where like components are represented with like reference numerals. In this example, the valve member 52 (or 52') is located between a pump section 302 and a motor section 304. For example, the valve member 52 is contained within a housing 306 that is secured to the pump housing 42 and the motor housing 16 (not shown). In this example, a direct drive 308, similar to as discussed in the previous example, is mechanically coupled with the valve member 52 to control the output flow from the pump assembly 300. Thus, by locating the valve member 52 between the pump housing 42 and the motor section 304, the direct drive 308 replaces the actuator 80 of the previous example. Given this description, one of ordinary skill in the art will be able to recognize other arrangements of the valve member 52 (or 52') with respect to the pump section 302 and motor section 304 to meet their particular needs.
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Clearly, Wade’s pump assembly 10 is designed such that a valve housing 306 being connected to the pump housing 42 and having an actuator motor housing 16 and at least one fluid outlet 48 with outlets 110a&110b. The valve member 52 is arranged in the valve housing 306 while being mounted between the impeller and at least one fluid outlet 48.
Although Wade discloses the majority of the Applicant’s claimed invention, he is silent as to the structural specifics of the motor and/or motor arrangement.
Nonetheless, Lugmayr in same field of endeavor teaches another conveying device or pump assembly 1, very similar to that seen in annotated Figure 3, and performs as how: a conveying device with an electric drive, comprising a housing with an inlet opening and a plurality of outlet openings, and a conveying element rotatably mounted in the housing to create a fluid flow from the inlet opening to the respective outlet opening (see Paragraph [0011]).
Notably, in Paragraphs 36-37, Lugmayr discloses that: The internal components of the water pump 1 include a stator 24, which is press-fitted into the cylindrical housing part 21. The stator 24 surrounds a rotor 26. The rotor 26 and the stator 24 are separated from each other by a magnetic air gap. The rotor 26 is also separated from the stator 24 by a wet bushing 30, since in this example it is filled with water. The wet bushing 30 prevents the fluid being pumped from touching the stator 24. The rotor 26 comprises a drive shaft 11 and a pump wheel 9 for moving a liquid when the liquid enters the intake opening 5. The pump impeller 9 moves the liquid through the outlet 6 to the respective consumers.
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Further, it’s a well-established fact that the rotor and/or stator have electrical windings that use the electrical input to generate the magnetic fields. The other of the stator or rotor may have permanent magnets rather than electrical windings to provide magnetic fields while a pump having impeller is coupled to the motor to generate the fluid flow.
The interaction between electromagnetic fields is exactly what creates turning force required to spin the spindle.
Essentially, as best seen in annotated Figure 3, Lugmayr’s explicitly exhibits as how as electromagnetic subassembly or electromagnet ESA24 being housed within a sleeve or cylindrical housing 21 situated about an opening O21 extending through the sleeve or cylindrical housing 21 while the electromagnetic subassembly or electromagnet ESA24 being surely arranged to produce an electromagnetic field, as otherwise, the system cannot normally operate.
With reference to annotated Figure 3 again, Lugmayr evidently illustrates as how a container C1 having a magnetic body MB26 that rotates the impeller or compression wheel 9 and/or how the container positioned within the sleeve or cylindrical housing 21 and in the electromagnetic field and/or a spindle or drive shaft 11 extending through the container.
Hence, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using an electrical motor with a drive shaft or spindle that is transferring rotation to the impeller, as taught by Lugmayr, with the pump assembly of Wade, as part of an obvious combination of known prior art structures, in this case the use of an electric motor with a spindle in a fluid system to achieve predictable results, in this case, to control the fluid flow through the system. See KSR; MPEP 2141 III A.
Thus modified, one skilled in the art would have been reasonably apprised that a spindle would be further extending through the container and/or the container would be
further positioned within the sleeve or cylindrical housing 21 and in the electromagnetic field and/or a valve member 52, as disclosed by Wade, being rotatably mounted between the impeller and the at least one fluid outlet for selectively directing the flow of fluid through the at least one fluid outlet 48 by rotation of the valve member 52, as taught by Wade, in response to an actuator motor in the actuator motor housing and/or the electromagnet would be further housed with a sleeve about an opening O21, as taught by Lugmayr, extending through the sleeve, as instantly claimed.
Although the combination of Wade and Lugmayr discloses the vast majority of Applicant’s claimed elements, it does not explicitly disclose specifics of how the electromagnetic subassembly being housed within a sleeve having a laminated stack of steel plates with electrical windings forming the sleeve situated about an opening extending through the sleeve.
Nonetheless, the use of an electromagnetic subassembly having the claimed structure and/or arrangement is notoriously well-known in the art, as taught by Hunstable. Hunstable in the same field of endeavor teaches a rotary electric machine, wherein, as stated in Abstract, the stator is a coil assembly and the rotor is a magnetic toroidal cylindrical tunnel or where the rotor is a coil assembly and the stator is a magnetic toroidal cylindrical tunnel.
Hunstable, in Paragraph [0081], successfully teaches as how: the magnetic flux density may be 30% higher in the coil rolling direction, although its magnetic saturation is decreased by 5%. These strips are cut to shape to make laminations which are stacked together to form the laminated cores of transformers, and the stator and rotor of electric motors. Electrical steel is usually coated to increase electrical resistance between laminations, reducing eddy currents, to provide resistance to corrosion or rust, and to act as a lubricant during die cutting. There are various organic and inorganic coatings, and the type of coating selected depends on the application. For instance, whether the finished laminations are to be immersed in oil, the working temperature of the finished apparatus and the like. Electrical steel made without special processing to control crystal orientation, non-oriented steel, usually has a silicon level of 2 to 3.5% and has similar magnetic properties in all directions.
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More specifically, in Paragraph [0144], Hunstable states: When the coils are energized, the three phase winding can produce a rotating magnetic field in the air gap around the coil assembly. The rotating magnetic field interacts with the magnetic field generated by the toroidal magnetic tunnel producing torque and relative movement between the coil assembly and the toroidal magnetic tunnel.
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Then, in Paragraph [0156], Hunstable specifies that: the coil assembly comprising: a circular yoke, a plurality of coil modules radially positioned about the longitudinal axis and wherein a portion of the coil goes through an aperture defined in each coil module, wherein each coil module comprises; at least one coil winding, a PCB module positioned radially adjacent to an inside face of the coil winding and is electrically coupled to the coil winding and having a PCB connector for electrically connecting the coil to a controller or a PCB power module, at least one stator pole positioned on the yoke adjacent to the coil winding wherein the stator pole consists of a vertical element, an outer face, an inner face, a side face, and an opposing side face wherein the faces are wider than the vertical element to define recesses on each side of the stator pole sized to partially enclose adjacent coils and the PCB board, an alignment feature formed on the interior side of each coil module; at least one alignment ring having a plurality of alignment spokes sized and shaped to couple to the alignment feature of each coil module; the controller in electronic communication with the plurality of coil modules, the controller positioned within the space created by the plurality of first magnetic inner walls and by the plurality of second magnetic inner walls.
Clearly, as best seen immediately above, Hunstable explicitly exhibits as how an electromagnetic toroidal cylindrical tunnel or electromagnetic assembly or subassembly comprising a laminated stack of steel plates with electrical windings forming a sleeve situated about an opening extending through the sleeve, otherwise, the system cannot normally operate.
Consequently, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using a laminated stack of steel plates and/or electrical windings that are forming the cylindrical or toroidal or sleeve walls while being connected to the circuit board, as taught by Hunstable, at the magnetic ring assembly of Wade/ Lugmayr, as part of an obvious combination of known prior art structures, in this case the use of laminated plates and/or electrical windings that are connected to the circuit board in a pump assembly, to achieve predictable results, in this case, to further control the fluid flow through the system. See KSR; MPEP 2141 III A.
Thus modified, one skilled in the art would have been reasonably apprised that an electromagnetic subassembly would be further comprising a laminated stack of steel plates with electrical windings forming a sleeve situated about an opening extending through the sleeve and/or the electrical windings would be further connected to a source of electrical energy and/or the electrical windings would be further producing an electromagnetic field, as instantly claimed.
Furthermore, with respect to the method steps claimed, as stated in claim 10, to the extent that the prior art apparatus meets the structural limitations of the apparatus as claimed, it will obviously perform the method steps as claimed. It has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); MPEP 2112.01(I)".
As such, the Examiner must assert that Wade/Lugmayr/ Hunstable’ s analysis indirectly describes the methodology of controlling the flow of a fluid from a pump assembly the pump assembly including a pump housing having a fluid inlet and at least one fluid outlet extending from the pump housing, wherein the method comprising: moving a fluid from the fluid inlet to the at least one fluid outlet using an impeller; driving the impeller with a magnetic body submerged in the fluid; selectively moving a valve member rotatably mounted between the impeller and the at least one fluid outlet to direct the flow of fluid through the at least one fluid outlet, as instantly claimed.
Regarding claims 2 and 11, Wade, Lugmayr and Hunstable substantially disclose the pump assembly, as claimed and detailed above.
Additionally, in Paragraph [0018], Wade specially discloses that the motor assembly (motor section 12) includes: a housing (motor housing 16) having an interior space (as best seen immediately below, Wade evidently illustrates as how the motor housing 16 having an interior space IS16);
a circuit board (circuit board 28, as detailed in Paragraph 0018]) having terminals (defined by electrical connections 26) for connecting the circuit board 28 to a source of electrical energy (as stated in Paragraph [0018], the circuit board 28 is electrically connected through a connector portion 30 of the motor housing 16 with terminal pins 32 for connecting the circuit board 28 to a remotely located controller).
Wade, in Paragraph [0020], then goes on to describe how: magnetic ring assembly 58 (e.g., magnetic member) attached to the volute 56. The magnetic ring assembly 58 may be molded onto the volute 56, attached by heat staking, or attached using another suitable technique. Likewise, in Paragraph [0021], Wade specifies: The magnetic ring assembly 58 includes a steel ring 58a secured with a magnetic ring 58b. The magnetic ring 58b may be made of a magnetic composite material or include magnets 58c that are overmolded with a plastic material, for example. The steel ring 58a may also be overmolded with the plastic material or heat staked to the magnetic ring 58b. The steel ring 58a facilitates distribution of magnetic flux. Alternatively, the magnets 58c may be incorporated into the volute 56, as represented by the dashed lines in Figure 2. As will be described below, the valve member 52 is rotatable about a central axis A to alignment of the circumferential opening 54 with the outlet 48 to thereby control fluid flow from the pump assembly 10. In this regard, the valve member 52 may be considered to be a rotary valve.
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Therefore, according to the combination, one skilled in the art would surely recognize that the electromagnetic subassembly comprising a housing having an interior space; a circuit board having terminals for connecting the circuit board to the source of electrical energy while being connected to the circuit board and to a source of commutated DC voltage produced by the electrical energy, wherein the electrical windings produce the electromagnetic field, as instantly claimed.
Furthermore, with respect to the method step claimed, to the extent that the prior art apparatus meets the structural limitations of the apparatus as claimed, it will obviously perform the method steps as claimed. It has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); MPEP 2112.01(1)".
As such, according to the combination, one skilled in the art would surely recognize that the method would be further performing following steps: locating a circuit board in the interior space connected to a source of electrical energy and/or mounting an electromagnetic subassembly within a sleeve, the electromagnetic subassembly having a stack of steel plates with electrical windings forming the sleeve situated about an opening that extends through the sleeve and/or connecting the windings to the circuit board and to a source of commutated DC voltage produced by the electrical energy, wherein the electrical windings produce an electromagnetic field, as claimed.
Regarding claim 3, Wade, Lugmayr and Hunstable substantially disclose the pump assembly, as claimed and detailed above.
Additionally, in Paragraph [0020], Wade especially details as how: the pump housing 42 includes an inlet section 46 and an outlet section 48 that are fluidly connected through a pump cavity 50 that houses the impeller 24. A valve member 52 is located within the pump housing 42 between the walls of the pump housing 42 and the impeller 24. The valve member 52 is generally annular and includes a circumferential opening 54. In this example, the valve member 52 includes a volute 56 having the circumferential opening 54, and magnetic ring assembly 58 (e.g., magnetic member) attached to the volute 56.
Certainly, according to the combination, Wade explicitly exhibits as how the container has a cavity or pump cavity 50 that is fluidly connected to the at least one fluid outlet 102.
Regarding claim 5, Wade, Lugmayr and Hunstable substantially disclose the pump assembly, as claimed and detailed above.
Additionally, in Paragraph [0020], Wade specifically discloses: the valve member 52 includes a volute 56 having the circumferential opening 54, and magnetic ring assembly 58 (e.g., magnetic member) attached to the volute 56.
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In fact, according to the combination, with reference to annotated Figure 6 above, Wade evidently demonstrates as how a valve element, which is defined by the volute 56, is having an annular wall W56 with at least one opening 54 extending through the wall.
Regarding claims 6 and 15, Wade, Lugmayr and Hunstable substantially disclose the pump assembly, as claimed and detailed above.
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Additionally, in Paragraphs [0020]-[0021], Wade especially teaches that: The valve member 52 is generally annular and includes a circumferential opening 54. In this example, the valve member 52 includes a volute 56 having the circumferential opening 54, and magnetic ring assembly 58 (e.g., magnetic member) attached to the volute 56. The magnetic ring assembly 58 may be molded onto the volute 56, attached by heat staking, or attached using another suitable technique. The volute 56 includes a circular outer diameter surface 56a and a spiral inner diameter surface 56b for discharging fluid from the circumferential opening 54. The magnetic ring assembly 58 includes a steel ring 58a secured with a magnetic ring 58b. The magnetic ring 58b may be made of a magnetic composite material or include magnets 58c that are overmolded with a plastic material, for example. The steel ring 58a may also be overmolded with the plastic material or heat staked to the magnetic ring 58b. The steel ring 58a facilitates distribution of magnetic flux.
Clearly, according to the combination, with reference to annotated Figure 3 above, Wade evidently illustrates as how the valve element wall 56 has an interior surface that is spirally voluted from a thicker wall section W1 at a first end E1 of the opening to a thinner wall section W2 at a second end E2 of the at least one opening, as instantly claimed.
Regarding claims 7 and 16, Wade, Lugmayr and Hunstable substantially disclose the pump assembly and or method of controlling flow of the fluid from the pump assembly, as claimed and detailed above.
Additionally, in Paragraph [0020], Wade especially details as how: the pump housing 42 includes an inlet section 46 and an outlet section 48 that are fluidly connected through a pump cavity 50 that houses the impeller 24. A valve member 52 is located within the pump housing 42 between the walls of the pump housing 42 and the impeller 24. The valve member 52 is generally annular and includes a circumferential opening 54. In this example, the valve member 52 includes a volute 56 having the circumferential opening 54, and magnetic ring assembly 58 (e.g., magnetic member) attached to the volute 56.
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Certainly, according to the combination, as best seen in annotated Figure 2, Wade explicitly exhibits as how the impeller 24 is being arranged to rotate inside the valve element voluted interior surface to direct the flow of fluid through the opening from the fluid inlet 46, as instantly claimed.
Regarding claim 8, Wade, Lugmayr and Hunstable substantially disclose the pump assembly, as claimed and detailed above.
Additionally, in Paragraph [0024], Wade specifically notes that: The actuator 80 includes a gear 84 that engages the actuation ring 66 such that rotation of the gear 84 causes rotation of the actuation ring 66 about central axis A.
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Further, in Paragraph [0025], Wade more specifically details: the actuation ring 66 and the valve member 52 are magnetically coupled such that movement of the actuation ring 66 causes movement of the valve member 52. That is, magnetic north and south poles of the actuation ring 66 interact with magnetic north and south poles of the valve member 52.
In fact, according to the combination, with reference to annotated Figure 5, Wade explicitly exhibits as how the valve member 52 including an actuation ring 66 having a gear band that is directly and/or indirectly mounted to the valve member 52, as instantly claimed.
Regarding claims 9, 13-14 and 17-18, Wade, Lugmayr and Hunstable substantially disclose the pump assembly and/or method of controlling flow of the fluid from the pump assembly, as claimed and detailed above.
Additionally, in Paragraph [0024], Wade specifically teaches: An actuator 80 is secured to the pump housing 42. In the illustrated example, a housing portion 82 of the actuator 80 is integrally formed with the pump housing 42, such as by injection molding. The actuator 80 includes a gear 84 that engages the actuation ring 66 such that rotation of the gear 84 causes rotation of the actuation ring 66 about central axis A.
More specifically, in Paragraphs [0027]-[0028], Wade further details: Referring also to Figure 5, the actuator 80 is electrically connected through line 94 with the circuit board 28 within the motor section 12. The circuit board 28 selectively signals the actuator 80 to rotate the gear 84 and thereby rotate the actuation ring 66. Thus, the pump assembly 10 utilizes a single set of electronics (i.e., the circuit board 28 and terminal pins 32) to control operation rather than separate electronics for a valve and a motor. In operation, rotation of the actuation ring 66 causes rotation of the volute 56 within the pump housing 42 through rotation of the magnetic ring assembly 58 that is coupled with the volute 56. Thus, the circumferential opening 54 of the volute 56 can be selectively aligned with the outlet section 48 to control fluid discharge therefrom.
In fact, Wade surely exhibits as how an actuator motor or actuator 80 having a worm gear 54 engaged with the gear band GB, the actuator motor or actuator 80 driving the actuation ring 66 to rotate the valve member 52 and the valve element, which is defined by the volute 56, as instantly claimed.
Then, with reference to annotated Figure 6, Wade explicitly teaches: the circumferential opening 54 of the volute 56 is circumferentially aligned with the outlet section 48 of the pump housing 42. In this example, a wall 100 of a splitter 102 splits the flow from the outlet 48 into two passages. In the illustrated position, the circumferential opening 54 is oriented such that the flow is split about equally between the two passages. However, the actuator 80 may selectively rotate the actuation ring 66 clockwise relative to Figure 6 to change the flow. For example, a clockwise rotation causes a side 104 of the circumferential opening 54 to abut the wall 100 such that all of the flow from the pump assembly 10 is diverted through the lower passage of the splitter 102 and prevented from flowing through the upper passage. Alternatively, the actuator 80 may rotate the actuation ring 66 in an opposite direction to thereby cause the volute 56 to rotate counter-clockwise. In this case, the other side 106 of the circumferential opening 54 abuts against the wall 100 such that the flow is diverted entirely through the upper passage of the splitter 102 and prevented from flowing through the lower passage. Thus, by controlling the position of the actuation ring 66, the actuator 80 thereby controls the output flow of the pump assembly 10 (see Paragraph [0029]).
Obviously, according to the combination, with reference to annotated Figure 6, Wade evidently illustrates is certainly including: a first fluid outlet 1021 and a second fluid outlet 1022, wherein the actuator motor or actuator 80 drives the valve member 52 to selectively move the valve element 56 between a first position that blocks the first fluid outlet 1021 with the valve element wall and positions the opening with the second fluid outlet 1022 and a second position that blocks the second fluid outlet 1022 with the valve element wall and positions the opening with the first fluid outlet 1021.
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Furthermore, with respect to the method steps claimed, as stated in claims 13-14 and 17-18, to the extent that the prior art apparatus meets the structural limitations of the apparatus as claimed, it will obviously perform the method steps as claimed. It has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); MPEP 2112.01(I)".
In fact, according to the combination, Wade undoubtedly describes the methodology of controlling the flow of the fluid from a pump assembly 10, wherein the method includes: providing an actuation ring 66 having a gear band GB mounted to the valve member 56 and/or a first fluid outlet 1021 and a second fluid outlet 1022, the method further including: engaging an actuator motor or actuator 80 having a worm gear 84 with the gear band GB, the actuator motor 80 driving the actuation ring 66 to rotate the valve member 52 and the valve element 56; and selectively rotating the valve member 52 between a first position that blocks the first fluid outlet 1021 with the valve element wall and positions the opening with the second fluid outlet 1022 and a second position that blocks the second fluid outlet 1022 with the valve element wall and positions the opening with the first fluid outlet and/or selectively moving the valve member would be further including positioning at least one opening of the valve member into a position between the impeller and the at least one fluid outlet to further direct the fluid flow through the at least one fluid outlet and/or selectively moving the valve member would be further including using an actuator motor to further rotate the valve member, as instantly claimed.
Allowable Subject Matter
10. Claims 4 and 12 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.
Regarding claims 4 and 12, the prior art of record does not teach a pump assembly and/or method of controlling the flow of a fluid from a pump assembly having all the limitations of claims 1& 2 &4 and/or claims 10 &11 &12, respectively, but more specifically comprising at least one magnet having magnetic poles of opposite polarities housed in the magnetic body; and a bore extending through the magnetic body and the impeller rotatably mounted on the spindle with the magnetic body submerged in the fluid in the cavity with the at least one magnet within the magnetic field, the magnetic field causing the magnetic body to rotate about the spindle and rotate the impeller.
Response to Arguments
11. Applicant's arguments filed 05/01/2026 have been fully considered but they are not persuasive. Applicant’s argument resides in contention that ”Neither Wade nor Lugmayr disclose a valve housing connected to the pump housing and having an actuator motor housing that contains an actuator motor that rotates the valve member” (see Applicant’s Remarks at page 9, third paragraph).
In particular, Applicant argues that, because “Applicant has amended claim 1 to include the limitations from claim 2 "a laminated stack of steel plates with electrical windings forming a sleeve situated about an opening extending through the sleeve, the electrical windings connected to a source of electrical energy, wherein the electrical windings produce an electromagnetic field." These features are not disclosed in the cited references” (see Applicant’s Remarks at page 8, last paragraph), the Applicant disagrees with the combinations of the references in arriving at the claimed invention.
However, Applicant’s attention is drawn to the fact that Hunstable reference was brought specifically for the purpose of showing how an electromagnetic toroidal cylindrical tunnel or electromagnetic assembly or subassembly including a laminated stack of steel plates with electrical windings that are forming a sleeve situated about an opening extending through the sleeve.
Hunstable, in Paragraph [0157], explicitly teaches: each laminated stator pole in the first plurality of laminated stator poles has a notch sized to engage a portion of the circular yoke; a second plurality of laminated stator poles radially arranged about the longitudinal axis and interspersed within the plurality of coil windings on the circular yoke and axially aligned with the first plurality of laminated stator poles.
Consequently, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using a laminated stack of steel plates and/or electrical windings that are forming the cylindrical or toroidal or sleeve walls while being connected to the circuit board, as taught by Hunstable, at the magnetic ring assembly of Wade/ Lugmayr, as part of an obvious combination of known prior art structures, in this case the use of laminated plates and/or electrical windings that are connected to the circuit board in a pump assembly, to achieve predictable results, in this case, to further control the fluid flow through the system. See KSR; MPEP 2141 III A.
Thus, as detailed above, one of ordinary skill would surely recognize that an electromagnetic subassembly would be further comprising a laminated stack of steel plates with electrical windings forming a sleeve situated about an opening extending through the sleeve and/or the electrical windings would be further connected to a source of electrical energy and/or the electrical windings would be further producing an electromagnetic field, as instantly claimed.
Clearly, the combination of Wade/ Lugmayr/ Hunstable discloses all the structural limitations of the claim and is therefore fully capable of carrying out, any and all uses of such a structure as recited in the claims.
Furthermore, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413,208 USPQ 871 (CCPA 1981); In re Merck& Co., 800 F.2d 1091,231 USPQ 375 (Fed. Cir. 1986). For clarity, the Examiner notes that "under a broadest reasonable interpretation, words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the time of the invention (see MPEP 2111).
With regard to claim 19, the crux of Applicant's arguments is that “Neither Wade nor Lugmayr disclose a valve housing connected to the pump housing and having an actuator motor housing that contains an actuator motor that rotates the valve member” (see Applicant’s Remarks at page 9, third paragraph).
Nonetheless, as stated above in analysis for independent claim 1 and 19, Wade, in Paragraph [0033], successfully teaches that: Figure 10 illustrates another example pump assembly 300 where like components are represented with like reference numerals. In this example, the valve member 52 (or 52') is located between a pump section 302 and a motor section 304. For example, the valve member 52 is contained within a housing 306 that is secured to the pump housing 42 and the motor housing 16 (not shown). In this example, a direct drive 308, similar to as discussed in the previous example, is mechanically coupled with the valve member 52 to control the output flow from the pump assembly 300. Thus, by locating the valve member 52 between the pump housing 42 and the motor section 304, the direct drive 308 replaces the actuator 80 of the previous example. Given this description, one of ordinary skill in the art will be able to recognize other arrangements of the valve member 52 (or 52') with respect to the pump section 302 and motor section 304 to meet their particular needs.
In other words, Wade’s pump assembly 10 is certainly designed such that a valve housing 306 being connected to the pump housing 42 and having an actuator motor housing 16 and at least one fluid outlet 48 with outlets 110a&110b. The valve member 52 is arranged in the valve housing 306 while being mounted between the impeller and at least one fluid outlet 48.
Applicant's assertions of the allowability of claims 3-9 and 12-18 are based on the alleged distinction between the combination of Wade/ Lugmayr/ Hunstable and the claimed invention.
Due to the aforementioned reasons, the Applicants' arguments are not considered persuasive and so the current rejections are not being withdrawn.
Conclusion
12. 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 extension fee 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 date of this final action.
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/L.P/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746
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