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 Objections
Claims 4-12, 13-17, and 19 are objected to because of the following informalities: Appropriate correction is required.
In claim 4, line 1, -- is -- should be inserted after “rotor”.
In claim 13, the second to last line, “deliver” should be changed to -- delivers --.
In claim 14, line 1, -- is -- should be inserted after “rotor”.
In claim 19, line 1, -- is -- should be inserted after “rotor”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 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.
In claim 1, the second to last line, “said first propeller” lacks antecedent basis, and is unclear as to whether or not this is intended to refer to the first impeller.
In claim 1, the last two lines, “said second propeller” lacks antecedent basis, and is unclear as to whether or not this is intended to refer to the second impeller.
Claim 12, which recites that the second impeller has a pair of exit ports, is inaccurate. The second impeller 106 does not have a pair of exit ports, rather the housing 102 has a pair of exit ports 214, 216.
In claim 13, line 2, “a fuel pump” is a double recitation of the fuel pump recited in line 1, causing confusion.
In claim 18, line 2, “a fuel pump” is a double recitation of the fuel pump recited in line 1, causing confusion.
In claim 18, the second to last line, “said first propeller” lacks antecedent basis, and is unclear as to whether or not this is intended to refer to the first impeller.
In claim 18, the second to last line, “said second propeller” lacks antecedent basis, and is unclear as to whether or not this is intended to refer to the second impeller.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the disclosed invention is inoperative and therefore lacks utility.
Independent claims 1, 13, and 18 recite “said first impeller having a first rotational speed”, “said second impeller having a second rotational speed”, and “wherein said second rotational speed is higher than said first rotational speed”.
The present application discloses that a shaft 112 connects the first impeller 104 and the second impeller 106, and the specification states that “A shaft is connected to a rotor and both impellers, enabling synchronous rotation of the impellers” (paragraph [0011]), that “The rotor 110 is connected to the impellers 104, 106 using a shaft 112 enabling both the impellers 104, 106 to rotate synchronously” (paragraph [0030]), and that “More specifically, in low-pressure applications where the pump device 100 operates at low revolutions per minute (RPM) and needs to deliver a high volume of fuel, the first impeller 104 is used to move a larger volume of fuel without the need for high pressure. For high-pressure applications, the pump device 100 utilizes the two impellers 104, 106 together similar to the design of a jet engine's turbine blades by rotation of the shaft 112” (paragraph [0032]).
Because the shaft 112 connects the first impeller 104 and the second impeller 106 with no intermediary connection, no gearing, and/or no transmission, the first impeller 104 and the second impeller 106 will rotate an one unit at the same speed. Thus, the first impeller 104 and the second impeller 106 are incapable of operating such that the second rotational speed of the second impeller is higher than the first rotational speed of the first impeller. Therefore, the disclosed and claimed invention is inoperative and the utility is not credible.
Based on the above evidence, it is more likely than not that a person skilled in the art would not consider credible any specific and substantial credible utility.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are also rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. Specifically, because the claimed invention is not supported by either a asserted utility or a well-established utility for the reasons set forth above, one skilled in the art clearly would not know how to use the claimed invention.
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.
Claims 1-2, as far as they are definite and understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 2 023 731A (Interpretation 1).
Disclosed is a pulse free high-pressure fuel delivery device comprising: a housing 3; a first impeller 1; a second impeller 2; a stator 5; a pump rotor (an additional impeller may be provided; see column 2, lines 48-54); and a shaft; wherein said first impeller initiates a first pressurizing of fuel; wherein said second impeller initiates a second pressurizing of fuel; wherein said second pressurizing of fuel is higher than said first pressurizing of fuel; wherein said first impeller having a first rotational speed; wherein said second impeller having a second rotational speed; wherein said second rotational speed is higher than said first rotational speed; and further wherein said stator positioned between said first propeller and said second propeller. The limitations of “wherein said first impeller initiates a first pressurizing of fuel; wherein said second impeller initiates a second pressurizing of fuel; wherein said second pressurizing of fuel is higher than said first pressurizing of fuel” are intended use limitations. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Note also that a manner of operating the device does not differentiate an apparatus claim from the prior art, as “A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)”. See also MPEP 2114(II). (claim 1).
The pump rotor which is analogous to the second impeller, is cylindrical (claim 2).
Note the annotated figure below.
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Claims 1-2, as far as they are definite and understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 2 023 731A (Interpretation 2).
Disclosed is a pulse free high-pressure fuel delivery device comprising: a housing 5; a first impeller 1; a second impeller 2; a stator 3; a pump rotor (an additional impeller may be provided; see column 2, lines 48-54); and a shaft; wherein said first impeller initiates a first pressurizing of fuel; wherein said second impeller initiates a second pressurizing of fuel; wherein said second pressurizing of fuel is higher than said first pressurizing of fuel; wherein said first impeller having a first rotational speed; wherein said second impeller having a second rotational speed; wherein said second rotational speed is higher than said first rotational speed; and further wherein said stator positioned between said first propeller and said second propeller. The limitations of “wherein said first impeller initiates a first pressurizing of fuel; wherein said second impeller initiates a second pressurizing of fuel; wherein said second pressurizing of fuel is higher than said first pressurizing of fuel” are intended use limitations. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Note also that a manner of operating the device does not differentiate an apparatus claim from the prior art, as “A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)”. See also MPEP 2114(II). (claim 1).
The pump rotor which is analogous to the second impeller, is cylindrical, at the center (claim 2).
Note the annotated figure below.
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Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 3, as far as it is definite and understood, are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 023 731A in view of Harpster 2,402,398.
GB 2 023 731A (Interpretation 2) discloses a pulse free high-pressure fuel delivery device substantially as claimed as set forth above, wherein the housing 5 houses the first impeller, the second impeller, the pump rotor, and the shaft (claim 3).
However, GB 2 023 731A (Interpretation 2) does not disclose that the housing houses the stator.
Harpster shows a booster pump 10 for aircraft fuel systems whereby a stator 47 is located between a first impeller 12 and a second impeller 14, for the purpose of straightening flow which flows to the second impeller.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the fuel delivery device of GB 2 023 731A with a stator between the first impeller and the second impeller, as taught by Harpster, for the purpose of straightening flow which flows to the second impeller, which modification results in the housing houses the stator.
Claim 4, as far as it is definite and understood, are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 023 731A in view of Harpster 2,402,398 as applied to claim 3 above.
GB 2 023 731A (Interpretation 2) as modified shows a pulse free high-pressure fuel delivery device substantially as claimed, but does not show that the pump rotor is connected to the first impeller and the second impeller with the shaft.
Official Notice is taken that multi-stage pumps commonly have a first impeller, a second impeller, and a pump rotor, each including a shaft, driven by gearing which interconnects the first impeller, the second impeller, and the pump rotor, for the purpose of allowing for rotating the first impeller, the second impeller, and the pump rotor by a single motor, simplifying the number of components.
It would have been further obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to form the modified fuel delivery device of GB 2 023 731A such that the pump rotor is connected to the first impeller and the second impeller with the shaft, for the purpose of allowing for rotating the first impeller, the second impeller, and the pump rotor by a single motor, simplifying the number of components.
Claim 13, as far as it is definite and understood, are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 023 731A in view of Harpster 2,402,398 and Becker et al. 11,199,167 and Dinkelkamp et al. 4,013,053.
GB 2 023 731A (Interpretation 2) discloses a fuel pump substantially as claimed, comprising: a fuel pump having a housing 5 surrounding a first impeller 1, a second impeller 2, a pump rotor (an additional impeller may be provided; see column 2, lines 48-54), and a shaft; wherein the first impeller initiates a first pressurizing of fuel; wherein the second impeller initiates a second pressurizing of fuel; wherein the second pressurizing of fuel is higher than the first pressurizing of fuel; wherein the first impeller having a first rotational speed; wherein the second impeller having a second rotational speed; wherein the second rotational speed is higher than the first rotational speed. The limitations of “wherein said first impeller initiates a first pressurizing of fuel; wherein said second impeller initiates a second pressurizing of fuel; wherein said second pressurizing of fuel is higher than said first pressurizing of fuel” are intended use limitations. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Note also that a manner of operating the device does not differentiate an apparatus claim from the prior art, as “A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)”. See also MPEP 2114(II).
However, GB 2 023 731A does not disclose the fuel pump is contained in a fuel tank, does not disclose the housing surrounding a stator, does not disclose the stator positioned between the first impeller and the second impeller, and does not disclose that the fuel pump draws fuel from fuel tank and delivers the fuel to a fuel filter.
Harpster shows a booster pump 10 for aircraft fuel systems whereby a stator 47 is located between a first impeller 12 and a second impeller 14, for the purpose of straightening flow which flows to the second impeller.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the fuel pump of GB 2 023 731A with a stator between the first impeller and the second impeller, as taught by Harpster, for the purpose of straightening flow which flows to the second impeller, which modification results in the housing surrounding the stator.
Becker et al. shows a fuel dispensing system including a fuel pump 5 contained in a fuel tank 1, for the purpose of allowing for directly feeding fuel to an inlet 12 of the fuel pump.
It would have been further obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to form the modified fuel pump of GB 2 023 731A such that the fuel pump is contained in a fuel tank, as taught by Becker et al., for the purpose of allowing for directly feeding fuel to an inlet of the fuel pump.
Dinkelkamp et al. shows a fuel pump 15 connected to a fuel tank (not shown) which delivers the fuel to a fuel filter 74, for the purpose of removing impurities in the delivered fuel.
It would have been further obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the modified fuel pump of GB 2 023 731A with a filter such that the fuel pump delivers the fuel to a fuel filter, as taught by Dinkelkamp et al., for the purpose of removing impurities in the delivered fuel.
Claim 14, as far as it is definite and understood, are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 023 731A in view of Harpster 2,402,398 and Becker et al. 11,199,167 and Dinkelkamp et al. 4,013,053 as applied to claim 13 above.
The modified fuel pump of GB 2 023 731A shows all of the claimed subject matter except for the pump rotor is connected to the first impeller and the second impeller with the shaft.
Official Notice is taken that multi-stage pumps commonly have a first impeller, a second impeller, and a pump rotor, each including a shaft, driven by gearing which interconnects the first impeller, the second impeller, and the pump rotor, for the purpose of allowing for rotating the first impeller, the second impeller, and the pump rotor by a single motor, simplifying the number of components.
It would have been further obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to form the modified fuel pump of GB 2 023 731A such that the pump rotor is connected to the first impeller and the second impeller with the shaft, for the purpose of allowing for rotating the first impeller, the second impeller, and the pump rotor by a single motor, simplifying the number of components.
Claim 16, as far as it is definite and understood, are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 023 731A in view of Harpster 2,402,398 and Becker et al. 11,199,167 and Dinkelkamp et al. 4,013,053 as applied to claim 13 above, and further in view of Ishigaki et al. 5,487,644.
The modified fuel pump of GB 2 023 731A shows all of the claimed subject matter except for the pump rotor having helical blades.
Ishigaki et al. (figure 5) shows a pump 1 with a centrifugal pump impeller having helical blades 10, 11, 12, for the purpose of improving performance and volumetric efficiency.
It would have been further obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to form the modified fuel pump of GB 2 023 731A such that the pump rotor has helical blades, ta taught by Ishigaki et al., for the purpose of improving performance and volumetric efficiency.
Claim 18, as far as it is definite and understood, are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 023 731A in view of Harpster 2,402,398.
GB 2 023 731A (Interpretation 2) discloses a method of pumping liquid with a pump substantially as claimed, the method comprising the steps of: providing a pump having a housing 5 surrounding a first impeller 1, a second impeller 2, a pump rotor (an additional impeller may be provided; see column 2, lines 48-54), and a shaft; initiating a first pressurizing of the liquid with the first impeller; initiating a second pressurizing of the liquid with the second impeller, wherein the second pressurizing of liquid is higher than the first pressurizing of liquid, wherein the first impeller having a first rotational speed, wherein the second impeller having a second rotational speed, further wherein the second rotational speed is higher than the first rotational speed;
However, GB 2 023 731A (Interpretation 2) does not disclose the housing surrounding a stator, does not disclose positioning the stator between the first propeller and the second propeller, and does not disclose drawing the fuel from a fuel source with the fuel pump.
Harpster shows a booster pump 10 for aircraft fuel systems whereby a stator 47 is located between a first impeller 12 and a second impeller 14, for the purpose of straightening flow which flows to the second impeller. Harpster also teaches that the first impeller and the second impeller pressurize fuel, and the fuel is drawn from an inherent source of fuel, for the purpose of allowing for pumping of the fuel.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the pump of GB 2 023 731A with a stator between the first impeller and the second impeller, as taught by Harpster, for the purpose of straightening flow which flows to the second impeller, which modification results in the housing surrounding the stator.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the pump of GB 2 023 731A with a source of fuel, as taught by Harpster, for the purpose of allowing for pumping of fuel. This modification results in the first impeller initiating a first pressure of the fuel, and the second impeller initiating a second pressure of the fuel.
Claim 19, as far as it is definite and understood, are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 023 731A in view of Harpster 2,402, as applied to claim 18 above.
The modified method of pumping fuel of GB 2 023 731A shows all of the claimed subject matter except for the pump rotor is connected to the first impeller and the second impeller with the shaft.
Official Notice is taken that multi-stage pumps commonly have a first impeller, a second impeller, and a pump rotor, each including a shaft, driven by gearing which interconnects the first impeller, the second impeller, and the pump rotor, for the purpose of allowing for rotating the first impeller, the second impeller, and the pump rotor by a single motor, simplifying the number of components.
It would have been further obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to form the modified fuel pump of GB 2 023 731A such that the pump rotor is connected to the first impeller and the second impeller with the shaft, for the purpose of allowing for rotating the first impeller, the second impeller, and the pump rotor by a single motor, simplifying the number of components.
Examiner’s Comment
Although claims 5-12, 15, 17, and 20 are not rejected based on prior art, no indication of allowable subject matter may be made, due to the inoperability of the invention.
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/Christopher Verdier/Primary Examiner, Art Unit 3745