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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 33-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muscarella et al (US Patent No. 5,860,793).
Muscarella teaches:
limitations from claim 33, a method of controlling a pump (10), comprising: providing a pump (FIG. 1); providing an input device (DLC 610 including keypad 604 and display 608; C. 3 Lines 21-39 and C. 25 Lines 36-45) connected to the pump, wherein the input device is configured to provide an input signal (“analog input signal”; C. 26 Lines 10-12) to control the pump; generating a first input signal having a first value (4 milliamps for example); generating a second input signal having a second value (20 milliamps for example), wherein the first value is smaller than the second value; setting the pump to run at a speed in the range of 0-20% speed when the input signal is at the first value (C. 26 Lines 31-33, 4 mA as the 0% prompt); and setting the pump to run at a speed in the range of 80-100% speed when the input signal is at the second value (C. 26 Lines 33-34, 20 mA as the 100% prompt); not running the pump when the input signal is higher than the second value (the high end of the signal - 20mA is set at 100% flow rate, it follows that signals above 20mA would not run the pump above 100%, see also split ranges in which the high value is 12mA for example and signals up to a high value are controlling input values);
limitations from claim 34, further comprising: not running the pump when the input signal is lower than the first value (the low end of the signal - 4mA is set at 0% flow rate, it follows that signals below 4 mA do not run the pump);
Response to Arguments
Applicant's arguments filed 02/02/2026 have been fully considered but they are not persuasive.
Applicant has amended the claims to include the limitation “…and not running the pump when the input signal is higher than the second value.”. Applicant argues that Muscarella does not teach this limitation; in particular that the office has not established that Muscarella does not teach that the pump would not run above 20mA.
The examiner maintains that Muscaralla teaches a range of signals at which a pump is controlled (4-20mA, 4-12mA, or a rationed control at 50% maximum for example). Muscarella teaches 4-12mA as a full scale and further, at C. 26 Lines 43-44, recites “All analog input up to 20 milliamps would adjust pump flow up to 50%”. Therefore, the examiner maintains that Muscarella, for example at startup, is not intended to operate at signal values outside of a full-scale range, or higher than an upper threshold allowed (20 milliamps). Further, it is noted that the examiner has interpreted the new limitations to claim 33 to require providing a minimum and maximum value to an operating range of the pump such that the pump operated within this range (see for example paragraph 16 of the disclosure), and not that the pump is explicitly shut off at any value over that range or is intentionally provided signals above the range to stop operating the pump (it does not appear that the disclosure supports control outside of the minimum and maximum thresholds).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S BOBISH whose telephone number is (571)270-5289. The examiner can normally be reached Mon-Fri 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER S BOBISH/Examiner, Art Unit 3746