DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claims 3 and 17-18 are objected to because of the following informalities:
In claim 3, line 1: “The pump assembly of claim 1 wherein the container” should be changed to -- The pump assembly of claim 1, wherein the container – (for consistency).
In claim 4, lines 5-7: “a bore extending through the magnetic body and 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” should be changed to -- 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-- (for clarity).
In claim 17, line 1: “The method of claim 10 wherein the method” should be changed to --The method of claim 10, wherein the method-- (for consistency).
In claim 19, line 1: “The pump assembly of claim 19 wherein” should be changed to -- The pump assembly of claim 19, wherein-- (for consistency).
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
4. A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
5. Claims 1-20 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-18 of US Patent 12,092,115 B2 issued to Applicant on September 17, 2024.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instant Application and the Patent are claiming common subject matter, as follows: they both claim a pump assembly, which is comprising:
Patent US 12,092,115 B2
Instant Application 18/887983
Claims
Claims
1
a pump including a pump housing having a fluid inlet;
at least one fluid outlet extending from the pump housing;
an impeller for moving a fluid from the fluid inlet to the at least one fluid outlet;
a motor assembly having a magnetic body that rotates the impeller, the magnetic body submerged in the fluid;
an electromagnetic subassembly housed within a sleeve situated about an opening extending through the sleeve, the electromagnetic subassembly arranged to produce an electromagnetic field;
a container having a cavity, the cavity arranged to retain the fluid therein; and
a spindle extending through the cavity, wherein the container is positioned within the sleeve and in the electromagnetic field; and
a valve member 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.
1, 3
a pump including a pump housing having a fluid inlet;
at least one fluid outlet extending from the pump housing;
an impeller for moving a fluid from the fluid inlet to the at least one fluid outlet;
an electromagnetic subassembly housed within a sleeve situated about an opening extending through the sleeve,
the electromagnetic subassembly arranged to produce an electromagnetic field;
a container having a magnetic body that rotates the impeller, the container positioned within the sleeve and in the electromagnetic field; and
a spindle extending through the container; and
a valve member 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.
wherein the container has a cavity that is
fluidly connected to the at least one fluid outlet.
2
wherein the motor assembly includes:
a housing having an interior space;
a circuit board having terminals for connecting the circuit board to a source of electrical energy; and
the electromagnetic subassembly comprises a laminated stack of steel plates with electrical windings forming the sleeve situated about the opening extending through the sleeve, the electrical windings 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.
2
wherein the motor assembly includes: a housing having an interior space;
a circuit board having terminals for connecting the circuit board to a source of electrical energy; and the electromagnetic subassembly comprises a laminated stack of steel plates with electrical windings forming the sleeve situated about the opening extending through the sleeve, the electrical windings 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.
3
wherein the impeller is mounted to one end of the magnetic body, the magnetic body further includes:
at least one magnet having magnetic poles of opposite polarities housed in the magnetic body; and
a bore extending through the magnetic body and 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.
4
wherein the impeller is mounted to one end of the magnetic body, the magnetic body further includes:
at least one magnet having magnetic poles of opposite polarities housed in the magnetic body; and
a bore extending through the magnetic body and 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.
4
wherein the valve member includes a valve element having an annular wall with at least one opening extending through the annular wall.
5
wherein the valve member includes a valve element having an annular wall with at least one opening extending through the annular wall.
5
wherein the valve element wall has an interior surface that is spirally voluted from a thicker wall section at a first end of the at least one opening to a thinner wall section at a second end of the at least one opening.
6
wherein the valve element wall has an interior surface that is spirally voluted from a thicker wall section at a first end of the at least one opening to a thinner wall section at a second end of the at least one opening.
6
wherein the impeller is arranged to rotate inside the valve element voluted interior surface to direct the flow of fluid through the at least one opening from the fluid inlet.
7
wherein the impeller is arranged to rotate inside the valve element voluted interior surface to direct the flow of fluid through the at least one opening from the fluid inlet.
7
wherein the valve member further includes an actuation ring having a gear band mounted to the valve member.
8
wherein the valve member further includes an actuation ring having a gear band mounted to the valve member.
8
The pump assembly of claim 7, wherein the pump assembly further includes:
an actuator motor having a worm gear engaged with the gear band, the actuator motor driving the actuation ring to rotate the valve member and the valve element; and
a first fluid outlet and a second fluid outlet, wherein the actuator motor drives the valve member to selectively move the valve element between a first position that blocks the first fluid outlet with the valve element wall and positions the at least one opening with the second fluid outlet and a second position that blocks the second fluid outlet with the valve element wall and positions the at least one opening with the first fluid outlet.
9
The pump assembly of claim 8, wherein the pump assembly further includes: an actuator motor having a worm gear engaged with the gear band, the actuator motor driving the actuation ring to rotate the valve member and the valve element; and a first fluid outlet and a second fluid outlet, wherein the actuator motor drives the valve member to selectively move the valve element between a first position that blocks the first fluid outlet with the valve element wall and positions the at least one opening with the second fluid outlet and a second position that blocks the second fluid outlet with the valve element wall and positions the at least one opening with the first fluid outlet.
9
A method of controlling flow of a fluid from a pump assembly, wherein the pump assembly including a pump housing having a fluid inlet and at least one fluid outlet extending from the pump housing, 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;
mounting an electromagnetic subassembly within a sleeve situated about an opening extending through the sleeve, the electromagnetic subassembly arranged to produce an electromagnetic field;
providing a container having a cavity arranged to retain the fluid therein;
mounting a spindle through the cavity;
locating the container in the electromagnetic field; and
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.
10
A method of controlling flow of a fluid from a pump assembly, wherein the pump assembly including a pump housing having a fluid inlet and at least one fluid outlet extending from the pump housing, 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;
an electromagnetic subassembly arranged to produce an electromagnetic field;
providing a container arranged to retain the fluid therein;
mounting a spindle through the container; locating the container in the electromagnetic field; and
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.
10
wherein the motor assembly includes a housing having an interior space, the method further comprising:
locating a circuit board in the interior space connected to a source of electrical energy;
the electromagnetic subassembly having a stack of steel plates with electrical windings forming the sleeve situated about the opening that extends through the sleeve; and
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 the electromagnetic field.
11
wherein the motor assembly includes a housing having an interior space, the method further comprising:
locating a circuit board in the interior space connected to a source of electrical energy; the electromagnetic subassembly having a stack of steel plates with electrical windings forming the sleeve situated about the opening that extends through the sleeve; and 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 the electromagnetic field.
11
wherein the method further includes:
mounting the impeller to one end of the magnetic body;
installing at least one magnet having magnetic poles of opposite polarities in the magnetic body;
providing a bore extending through the magnetic body; and
rotatably mounting the spindle in the bore and submerging the magnetic body in the fluid contained in the cavity locating the magnets
within the magnetic field causing the magnetic body to rotate about the spindle and rotate the impeller.
12
wherein the method further includes:
mounting the impeller to one end of the magnetic body;
installing at least one magnet having magnetic poles of opposite polarities in the magnetic body;
providing a bore extending through the magnetic body; and
rotatably mounting the spindle in the bore and submerging the magnetic body in the fluid contained in the cavity locating the magnets within the magnetic field causing the magnetic body to rotate about the spindle and rotate the impeller.
12
wherein selectively moving the valve member includes positioning at least one opening of the valve member into a position between the impeller and the at least one fluid outlet to direct the fluid flow through the at least one fluid outlet.
13
wherein selectively moving the valve member includes positioning at least one opening of the valve member into a position between the impeller and the at least one fluid outlet to direct the fluid flow through the at least one fluid outlet.
13
wherein selectively moving the valve member includes using an actuator motor to rotate the valve member.
14
wherein selectively moving the valve member includes using an actuator motor to rotate the valve member.
14
wherein the valve member has an interior surface that is spirally voluted from a thicker wall section at a first end of the at least one opening to a thinner wall section at a second end of the at least one opening.
15
wherein the valve member has an interior surface that is spirally voluted from a thicker wall section at a first end of the at least one opening to a thinner wall section at a second end of the at least one opening.
15
wherein the impeller is arranged to rotate inside the valve member volute.
16
wherein the impeller is arranged to rotate inside the interior surface of the valve member.
16
wherein the method further includes providing an actuation ring having a gear band mounted to the valve member.
17
wherein the method further includes providing an actuation ring having a gear band mounted to the valve member.
17
wherein the pump assembly further includes
a first fluid outlet and a second fluid outlet, the method further including:
engaging an actuator motor having a worm gear with the gear band, the actuator motor driving the actuation ring to rotate the valve member and the valve element; and
selectively rotating the valve member between a first position that blocks the first fluid outlet with a valve element wall and positions the at least one opening with the second fluid outlet and
a second position that blocks the second fluid outlet with the valve element wall and positions the at least one opening with the first fluid outlet.
18
wherein the pump assembly further includes
a first fluid outlet and a second fluid outlet, the method further including:
engaging an actuator motor having a worm gear with the gear band, the actuator motor driving the actuation ring to rotate the valve member and the valve element; and
selectively rotating the valve member between a first position that blocks the first fluid outlet with a valve element wall and positions the at least one opening with the second fluid outlet and
a second position that blocks the second fluid outlet with the valve element wall and positions the at least one opening with the first fluid outlet.
18
A pump assembly comprising:
a pump including a pump housing having a fluid inlet;
at least one fluid outlet;
an impeller for moving a fluid from the fluid inlet to the at least one fluid outlet;
a magnetic body that rotates the impeller, the magnetic body submerged in the fluid;
an electromagnet that generates an electromagnetic field housed within a sleeve about an opening extending through the sleeve;
a container arranged to retain the fluid therein;
a spindle extending through the container, wherein the container is positioned within the sleeve and in the electromagnetic field; and
a valve member 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.
19
A pump assembly comprising:
a pump including a pump housing having a fluid inlet;
at least one fluid outlet;
an impeller for moving a fluid from the fluid inlet to the at least one fluid outlet;
a magnetic body that rotates the impeller;
an electromagnet that generates an electromagnetic field housed within a sleeve;
a container having a cavity that is fluidly connected to the at least one fluid outlet; a spindle extending through the container, wherein the container is positioned within the sleeve and in the electromagnetic field; and a valve member 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.
The Independent claims 1, 10 and 19 and dependent claims 2-9, 11-18 and 20 of the instant application correspond to the independent claims 1, 9 and 18 and dependent claims 2-8 and 10-17 of the Patent US 12,092,115 B2
The corresponding claims are slightly different in their wording, but clearly disclose the same subject matter and have the same scope.
This is a provisional obviousness-type double patenting rejection.
Claim Rejections - 35 USC § 112
6. 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.
7. Claims 4 and 12 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 4 recites the limitation " the cavity " in line 6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation will be interpreted as “rotatably mounted on the spindle with the magnetic body submerged in the fluid in a cavity of the container”.
Claim 12 recites the limitation " the cavity " in line 7. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation will be interpreted as “submerging the magnetic body in the fluid contained in a cavity of the container”.
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
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.
10. Claim(s) 1, 3, 5-10 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)).
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.
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 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.
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)".
Thus, the Examiner must assert that Wade/Lugmayr’ 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 claim 3, Wade and Lugmayr 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 and Lugmayr 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.
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.
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Regarding claims 6 and 15, Wade and Lugmayr substantially disclose the pump assembly and/or method, as claimed and detailed above.
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.
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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 and Lugmayr substantially disclose the pump assembly and/or method, as claimed and detailed above.
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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, 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 and Lugmayr 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 and Lugmayr 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]).
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Clearly, 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.
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.
11. Claim(s) 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wade in view of Lugmayr, and further in view of Hunstable et al. (hereinafter “Hunstable”) (Pub. No.: US 2021/0067016 A1).
Regarding claims 2 and 11, Wade and Lugmayr 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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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 [0054], successfully teaches as how: an electric machine module 100 comprising a magnetic toroidal cylinder 200 (illustrated as a first portion 200a and a second portion 200b, a coil assembly 500, a back iron circuit 800 (illustrated as a first portion 802 and a second portion 806, a center shaft or axle 702 and structural components such as bearings 704a and 704b and bearing flanges 706a and 706b, respectively.
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More specifically, in Paragraph [0144], Hunstable further notes that: 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.
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.
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 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 and/or the windings would be further connected to the circuit board and to a source of commutated DC voltage produced by the electrical energy and/or the electrical windings would be further producing an 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.
Allowable Subject Matter
11. Claims 4 and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 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.
Prior Art
12. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure and consists of three patents.
US 2021/0003133 A1, US 11,525,458 B2 and US 2004/0103947 A1 are cited to show different pump assemblies having a housing with a suction opening and a plurality of outlet openings that comprises a conveying element which is rotatably received in the housing to produce a fluid flow from the suction opening to the respective outlet opening.
Conclusion
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/L.P/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746