DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Application Status
This office action is in response to amendments/arguments filed on December 16, 2025. Applicant has amended Claims 1 – 9 and 11 – 14, and added Claims 15 – 20. Claims 1 – 20 are currently pending.
Response to Arguments
Applicant’s arguments have been fully considered.
Certified copies of the priority documents were received on October 8, 2025. As such, the Kim reference previously relied on is disqualified and removed from the grounds of rejection.
Previous title objections are withdrawn to due to applicant’s amendment.
Previous specification objections are withdrawn due to applicant’s amendment.
Most previous claim objections are withdrawn due to applicant’s amendment. Applicant did not amend Claims 10 and 11 from “A pump unit” to “The pump unit” like they did for the other claims. Furthermore, new independent claim 19 starts “The pump unit” when it should start “A pump unit”.
With regards to the 102 rejections over Trian, applicant amended Claim 1 by adding the features of the at least one axial damping part is ring shaped with an inner circumference and the at least one radial damping part extends from the inner circumference of the ring-shaped axial damping part. Applicant argues that Trian does not teach this feature. Examiner respectfully disagrees. Applicant’s own arguments concede that Trian directs the person of ordinary skill in the art towards an axial damping part with a radial outer connection to a radial damping part. Examiner agrees that Train depicts such a structure in Figures 1 and 2. Trian’s elastomer 22 is a single unitary element that bends along an ~90 degree angle including both an axial damping portion and a radial damping portion. The axial damping portion extends axially and has an inner circumference acing sleeve 10 that transitions into a radial damping portion sandwiched between sleeve 10 and closing member 12. The axial portion is ring-shaped given that it fits over a sleeve 10 and is meant to have the radial portion abut in a sealed manner against the flange 21 of the closing member 12. Applicant appears to be imputing features of a “flat” or planar” to the damping element via the language incorporated into Claim 1. However, none of “ring-shaped”, “inner circumference”, or “extends from the inner circumference” require a flat or planar structure. Applicant argues that Trian appears to teach a shaped elastomer. That may be the case, however, the features of Claim 1 are still taught by a shaped elastomer. Applicant goes on to argue that the elastomer of Trian is more difficult to mount precisely compared to the claimed damping element. Examiner reminds applicant that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. The present language of claim 1 does not differentiate itself from the structure taught by Trian and the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability. Previous 102 rejections of Claim 1 stand.
Applicant’s arguments over forming the damping element from a flat material are persuasive. However, only previous claim 7 sufficiently recited language that backs these arguments. The language of Claims 6 and 19, for example, allows for interpretation that the axial and radial elements are both flat individually. The rejection below is modified to reflect this argument.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, which papers have been placed of record in the file. Claims 1 – 20 are entitled to a priority date of October 30, 2023.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claims 10 and 11 should start with “The pump unit according to …”.
Claim 19 should start “A pump unit…”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, 6, 8, 10 – 14, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trian (US 5117138).
With regards to Claim 1:
Trian discloses a pump unit (Figures 1, 2) comprising:
a support structure (rear capping plate 42 of housing 40);
at least one impeller (pump rotor 2);
an electric motor (rotor 4, stator 20 with windings 31) connected to the at least one impeller, the electric motor comprising:
a stator (stator 20 with windings 31);
a rotor (rotor 4); and
a can (air gap tube 9, 10) between the stator and the rotor, wherein the can has a first axial can end that is in engagement with the support structure (in engagement with flange part 43 via elastomer member 22);
at least one axial damping part arranged between an axial surface of the can and the support structure; and at least one radial damping part arranged between an outer circumferential surface of the can and the support structure (see Figures 1, 2, elastomer cover member 22 has both radial and axial portions that engage with both radial and axial surfaces, respectively, of the flange 43), wherein the at least one axial damping part is ring shaped with an inner circumference (fits over a sleeve 10), and wherein the at least one radial damping part extends from the inner circumference of the ring-shaped axial damping part (see Figures 1 and 2, and Col. 5, Lines 15 – 33).
With regards to Claim 2:
Trian discloses the at least one axial damping part and the at least one radial damping part are integrally formed by a single damping element (see Figures 1, 2, elastomer cover member 22, see also Col. 5, Lines 15 – 33).
With regards to Claim 4:
Trian discloses the at least one radial damping part is tongue shaped and extends from the inner circumference of the axial damping part (the elastomer member 22 is compressed onto annular lip 21, which means the elastomer member is also annular, making the axial portion of the member 22 ring-shaped – the radial portion comprises one or more radial protrusion from the inner circumferential surface of the axial portion and it is “tongue” shaped under BRI, in that it is relatively flat).
With regards to Claim 6:
Trian discloses the at least one axial damping part and the at least one radial damping part are formed from a flat material, wherein the at least one radial damping part is bent into a direction transverse to the axial damping part (see Figures 1, 2, and Col. 5, Lines 15 – 33, the axial portion and radial portion are both flat individually, and comprise a single piece and the radial portion is bent transverse to the axial portion).
With regards to Claim 8:
Trian discloses the at least one axial damping part and the at least one radial damping part are made from an elastic material (Col. 5, Line 15 – 33: “elastomer cover member 22”).
With regards to Claim 10:
Trian discloses the support structure is connected to a motor housing or is a part of the motor housing (see Figure 1, rear cap 42 is connected to motor housing 40).
With regards to Claim 11:
Trian discloses the first axial end of the can is a closed first axial end (see Figures 1, 2, Col. 3, Lines 19 – 21).
With regards to Claim 12:
Trian discloses a shaft bearing (rear bearing 7) is fixed inside the can adjacent to the closed first axial end (Figures 1, 2, Col. 3, Lines 19 – 21).
With regards to Claim 13:
Trian discloses the can is made from stainless steel or a composite material (Col. 3, Lines 18: “a thin air gap tube 9 in a non-magnetic material, for example stainless steel”).
With regards to Claim 14:
Trian discloses the support structure comprises an axial surface facing the can, and the axial surface is in contact with the at least one axial damping part (see Figure 1, flange 43 has an axial surface in contact with axial portion of elastomer member 22), and wherein the support structure comprises an inner circumferential surface extending transverse to the axial surface and the inner circumferential surface is in contact with the at least one radial damping part (see Figure 1, flange 43 has a radial portion extending traverse from the axial portion and in contact with radial portion of elastomer member 22).
With regards to Claim 19:
Trian discloses a pump unit (Figures 1, 2) comprising:
a support structure (rear capping plate 42 of housing 40);
at least one impeller (pump rotor 2);
an electric motor (rotor 4, stator 20 with windings 31) connected to the at least one impeller, the electric motor comprising:
a stator (stator 20 with windings 31);
a rotor (rotor 4); and
a can (air gap tube 9, 10) between the stator and the rotor, wherein the can has a first axial can end that is in engagement with the support structure (in engagement with flange part 43 via elastomer member 22);
at least one axial damping part arranged between an axial surface of the can and the support structure; and at least one radial damping part arranged between an outer circumferential surface of the can and the support structure (see Figures 1, 2, elastomer cover member 22 has both radial and axial portions that engage with both radial and axial surfaces, respectively, of the flange 43),
wherein the at least one axial damping part and the at least one radial damping part are formed from a flat material, wherein the at least one radial damping part is bent into a direction transverse to the axial damping part (see Figures 1, 2, and Col. 5, Lines 15 – 33, the axial portion and radial portion are both flat individually, and comprise a single piece and the radial portion is bent transverse to the axial portion).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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.
Claims 3, 5, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Trian (US 5117138) in view of Hans et al. (hereafter “Hans” – US 4544168).
With regards to Claims 3 and 5:
Trian does not explicitly disclose the at least one axial damping part is ring shaped, and wherein the at least one radial damping part comprises a plurality of tongue shaped radial damping parts arranged on the inner circumference of the axial damping part and spaced a distance in a circumferential direction from one another, such that gaps or free spaces are formed between neighboring radial damping parts. Hans (Figures 1 – 3) teaches a seal (7) having a support portion (6) including an annular section (14) and a radial section having a plurality of tongue shaped damping parts (8, 8a). Compared to a solid annular portion, the separated tongue shaped portions allow of relatively easier mounting and centering (Col. 2, Lines 1 – 6). Given these teachings, one of ordinary skill in the art would have found it obvious to modify Trian by separating out the radial portion of the elastomer into a plurality of tongue shaped portions to yield the predictable benefits described above.
With regards to Claim 15:
The Trian modification of Claim 3 teaches the can comprises a radially outward facing portion (see Figures 1, 2 of Trian, radially extending portions of sleeve 10 engaged by radially extending parts of elastomer 22) engaged by the plurality of tongue shaped radial damping parts that are arranged on the inner circumference of the axial damping part (as per modification with Hans).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Trian (US 5117138) in view of Pezzillo (US 2312848).
With regards to Claim 9:
Trian does not explicitly disclose the elastic material is rubber or EPDM. Pezzillo (Figure 1) teaches a pump unit having a can (15) between a motor rotor (10) and stator (8). Pezzillo goes on to teach both radial (32) and axial (40) damping parts that act to “reduce vibration, and also serve as sound deadeners” (Page 1, Line 21). These damping parts are made “preferably of rubber or reinforced rubber” (Page 2, Lines 35, 54). Given that the damping parts of Pezzillo provide similar functions as those of the elastomer of Trian, it would have been obvious to one of ordinary skill in the art to modify the system of Trian by making the elastomer of rubber or reinforced rubber and yield the predictable result of dampening vibrations and sound/noise between the can and the outer housing.
Allowable Subject Matter
Claims 16 – 18 are allowed.
Claims 7 and 20 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.
Conclusion
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 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.
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAERT DOUNIS whose telephone number is (571)272-2146. The examiner can normally be reached on Mon. - Thurs: 10a - 4:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MARK LAURENZI can be reached on (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Laert Dounis/
Primary Examiner, Art Unit 3746
Monday, January 19, 2026