DETAILED ACTION
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) 1 rejected under 35 U.S.C. 102(a)(1) as being anticiapted by EP 3 851 674 A1 to Paul Knecht (Knecht).
In Reference to Claim 1
Knecht discloses:
[AltContent: arrow][AltContent: textbox (Diaphragm
Core)][AltContent: textbox (Clamping Surface)][AltContent: connector]
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658
534
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[AltContent: ][AltContent: arrow][AltContent: textbox (Diaphragm Core)]
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140
219
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[AltContent: textbox (Clamping connection)][AltContent: arrow][AltContent: rect]
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665
450
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A metering pump comprising
(i) a diaphragm return device comprising tie rod (116) and
(ii) a diaphragm assembly comprising a mechanically driven elastic diaphragm (first membrane 42) having a flexible region between the clamping surface (see annotated Fig.3 above), which serves to seal the delivery chamber, at the periphery of the diaphragm and a diaphragm core (highlighted in annotated Fig.3 above) which serves for force transmission, pressure generation and for connection to the tie rod, characterized in that the diaphragm assembly and the tie rod 116 are connected by a hook coupling, or a plug-in coupling, or a clamping connection, see Annotated Fig.9 above discloses the connection is achieved by a coupling of parts [112, 130].
Allowable Subject Matter
Claims 2-18 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; because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
The following is a statement of reasons for the indication of allowable subject matter:
Furthermore, the prior art of record does not teach “wherein the diaphragm core is provided, in the direction of the tie rod 116, with a preferably cylindrical connection piece (120) which preferably bears two oppositely positioned tabs (5) at the end, the tie rod (3) is provided on the end side with an axial turned-out portion (6) for receiving the connection piece tabs (5), and the tie rod (3) is equipped with a coupling sleeve (7) which has a radial transverse-groove opening (8), wherein the opening serves for the plugging therethrough, and then rotation, of the connection piece tabs.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 2;
The prior art of record does not teach “wherein the diaphragm core is provided, in the direction of the tie rod, with a preferably cylindrical coupling member, wherein the coupling member has a groove, the tie rod is provided on the end side with a first-axial-opening for receiving the coupling member, and the tie rod has a second-radial-opening which is used for the fixing of the coupling member.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 9; and
The prior art of record does not teach “wherein the diaphragm core (2) is provided, in the direction of the tie rod (3), with a preferably cylindrical coupling member (12), the tie rod (3) is provided on the end side with a first-axial-opening (14) for receiving the coupling member (12), the tie rod has a transverse groove (25), and, for the fixing of the coupling member, a resiliently mounted ball (24) is introduced, preferably screwed, into a radial transverse bore (23) of the coupling member.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 13.
The prior art of record does not teach “wherein the diaphragm core is provided, in the direction of the tie rod, with a clamping connection piece which is able to be screwed in, a clamping groove is worked into the tie rod, and the end side of the tie rod is provided with a clamping connection which has a first clamping hub and optionally a second clamping hub, wherein the first clamping hub is worked into the tie rod itself, and the optional second clamping hub forms a separate part which is preferably fastened by screw fastening. as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 115. as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 15.
Therefore, the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed 11/21/2025 have been fully considered but they are not persuasive.
Applicant Argument:
“claim 1 recites “the diaphragm assembly and the tie rod are connected by a hook coupling or plug in coupling or a clamping connection… Knect fails to teach at least this element of claim 1.”
Examiner Response:
As shown in the annotated fig.1 discloses the diaphragm assembly with the tie rod.
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 ANTHONY AYALA DELGADO whose telephone number is (571)270-3452. The examiner can normally be reached on Mon-Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark III 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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/ANTHONY AYALA DELGADO/
Primary Examiner, Art Unit 3746