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 .
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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “131” (see page 6, line 6). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because the reference number “153” on the top left of Fig. 5 should be changed to --123 -- as “a second bearing structure”. Appropriate correction is required.
Specification
3. The disclosure is objected to because of the following informalities: page 7, line 27, “the first bearing structure 153” should be changed to -- the first bearing component 153--. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
4. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
5. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first/second bearing structure” recited in claims 1, 13, 15 and 19; “first/second bearing component” recited in claims 1-6, 8, 00-12, 14-16 and 18-19.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
6. Claims 5-7, 11-12 and 19-20 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 pre-AIA the applicant regards as the invention.
- Regarding claim 5, the term “and/or” render the claim indefinite since the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. For example, claim 5 recites the limitation, “the plurality of openings allowing springs and/or fluid pressures l” in line 3 (emphasis added). The claimed language suggests or makes alternative but does not positively recite both of the claimed limitations contained therein rendering the claim(s) indefinite. For examination purposes, under a broadest reasonable interpretation, these claimed limitations have been interpreted as not requiring both aforementioned components. See MPEP §2111.04.
- Regarding claims 6, 11-12, the term "may” is vague and indefinite and should not be used/ should be avoided in claim language.
- Regarding claims 1 and 19, each claim initially recites, in the singular, "a second axial gear face” and then later refers to "the second axial gear faces" (in the plural) also makes the claim indefinite in that it is unclear if the applicants are trying to further limit a new element or are attempting to further limit an element previously recited. Appropriate correction is required because there is a disagreement in scope between these recitations.
Accordingly, the applicants are suggested to correct as: claim 19, page 3, line 2, “the second axial gear faces” should be changed to --the second axial gear face--.
- Claim 19 recites the limitation "the first and second axial bearing faces" in line 3. There is insufficient antecedent basis for this limitation in the claim. Accordingly, the applicants are suggested to correct as: claim 20: page 3, line 3, “the first and second axial bearing faces” should be changed to -- first and second axial bearing faces – since claim 19 depends on claim 1.
- Regarding claims 1 and 20, each claim initially recites, in the singular, "a second axial gear face” and then later refers to "the second axial gear faces" (in the plural) also makes the claim indefinite in that it is unclear if the applicants are trying to further limit a new element or are attempting to further limit an element previously recited. Appropriate correction is required because there is a disagreement in scope between these recitations.
Accordingly, the applicants are suggested to correct as: claim 20, page 3, line 2, “second axial gear faces” should be changed to --the second axial gear face--.
- Claim 20 recites the limitation "the second axial bearing face" in line 2. There is insufficient antecedent basis for this limitation in the claim. Accordingly, the applicants are suggested to correct as: claim 20: page 3, line 2, “the second axial bearing face” should be changed to -- a second axial bearing face – since claim 20 depends on claim 1.
Claim 7 is rejected by virtue of their dependence on claim 6.
For the purpose of this Office action, the claims 5-7, 11-12 and 19-20 will be examined as best understood by the examiner.
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.
(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.
7. Claims 1-16 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lauck et al. (Lauck) (Patent Number 2,527,941).
Regarding claim 1, as shown in Figs. 1-3, Lauck discloses a pump comprising: a housing 10 (see col. 1, lines 43-52) defining a gear chamber 14, 15, the housing defining an inlet 12 and an outlet 13 in fluid communication with the gear chamber; a gear arrangement 16, 17 disposed within the gear chamber configured to drive fluid from the inlet to the outlet, the gear arrangement 16, 17 including at least two gears rotatable about corresponding axes of rotation, each of the two gears defining first and second axial gear faces (FG) (SG) (see the annotated Fig. 1 below) that face in opposite axial directions; journals 16a, 16b; 17a, 17b coupled to the two gears and aligned along the axes of the two gears; a first bearing structure (FBS) (see the annotated Fig. 1 below) including an inboard end that opposes the first axial gear face of the two gears, the first bearing structure (FBS) defining a first set of through-openings for radially supporting the journals relative to the housing such that the journals are rotatable about the axes of rotation relative to the housing; a second bearing structure (B; B1, B2) including an inboard end that opposes the second axial gear face of the two gears, the second bearing structure (B; B1, B2) defining a second set of through-openings for radially supporting the journals relative to the housing 10 such that the journals 16a, 16b; 17a, 17b are rotatable about the axes of rotation relative to the housing, the second bearing structure also defining an outboard end; and the second bearing structure (B; B1, B2) comprising a first bearing component (B1) defining the inboard end and a second bearing component (B2) defining the outboard end, the first bearing component (B1) –(see col. 3, lines 17-35) being axially movable relative to the second bearing component (B2) and being configured for directing a first axial force toward the second axial gear face (SG) of the two gears 16, 17, the second bearing component being configured to transfer radial load from the two gears 16, 17 to the housing and for preventing radially load from being applied through the first bearing component, the first bearing component (B1) and the second bearing component (B2) each defining portions of the second set of through-openings.
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Regarding claim 2, Lauck discloses wherein fluid pressure from the outlet 13 is used to force the first bearing component (B1) in an inboard direction away from the second bearing component (B2) and towards the two gears 16, 17.
Regarding claim 3, Lauck discloses wherein springs 29 (see Fig. 3) are used to bias the first bearing component (B1) in an inboard direction away from the second bearing component (B2) and towards the two gears.
Regarding claim 4, Lauck discloses wherein fluid pressure from the outlet 13 and springs 29 are used to force the first bearing component (B1) in the inboard direction away from the second bearing component (B2) and towards the two gears.
Regarding claim 5, Lauck discloses, wherein the second bearing component defines a flange (F) (see the annotated Fig. 1 above) with a plurality of openings, the flange abutting the first bearing component (B1), the plurality of openings allowing springs and/or fluid pressures to direct the first bearing component (B1) in an inboard direction towards the two gears.
Regarding claim 6, Lauck discloses wherein the second bearing component (B2) may have an outer groove (read by the examiner as the groove/path between the outer surface of second bearing component (B2) and the inner surface of the housing 11) of the defined partially by the flange (F).
Regarding claim 7, Lauck discloses wherein the outer groove is in fluid communication with the outlet (13)
Regarding claim 8, Lauck discloses a second axial bearing face 20 (see Fig. 3) of the first bearing component (B1) includes an inlet region (see Figs. 2-3) in fluid communication with the inlet and an outlet region (see Figs. 2-3) in fluid communication with the outlet 13.
Regarding claim 9, Lauck discloses the second axial bearing face 20 further includes a circumferential groove 34 around the second axial bearing face and joining with the outlet region (see Fig. 2).
Regarding claim 10, Lauck discloses wherein the inlet region and the outlet region may be separated by a divider (not numbered; however, clearly seen in Fig. 2).
Regarding claim 11, Lauck discloses wherein the first bearing component (B1) may define a first half and a second half (see Fig. 2), wherein each half includes one through-opening of the second set of through-openings.
Regarding claim 12, Lauck discloses wherein the first bearing component (B1) may be a two-piece configuration wherein each of the first and second half may be separate pieces joined together.
Regarding claim 13, Lauck discloses wherein axial movement of the first bearing structure (FBS) is fixed.
Regarding claim 14, Lauck discloses wherein axial movement of the second bearing component (B2) is fixed.
Regarding claim 15, Lauck discloses wherein axial movement of the second bearing component (B2) is fixed, and axial movement of the first bearing structure (FBS) is fixed.
Regarding claim 16, Lauck discloses wherein the first bearing component (B1) includes an intermediate portion (IP) (see the annotated Fig. 1 above) between the first half and second half, which nests between the portions of the second set of through-openings defined by the second bearing component (B2) (see the annotated Fig .1 above).
Regarding claim 19, Lauck discloses wherein the first bearing component (B1)is configured to apply an axial sealing force toward the second axial gear faces (SG) for causing the first and second axial gear faces (FG; SG) to be pressed axially between the first and second axial bearing faces of the first and second bearing structures. (FBS, (B))
Regarding claim 20, Lauck discloses wherein when an axial sealing force is applied, a layer of pressurized fluid exists between a second axial gear face (SG) and the second axial bearing face (20) and the axial sealing force pressurizes the fluid and maintains a minimal gap between the second axial gear face 20, and the second axial bearing face 20.
Allowable Subject Matter
8. Claims 17-18 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.
9. The following is an examiner’s statement of reasons for allowance :
- Dependent claim 17: The prior art does not teach or suggest the limitation “wherein the intermediate portion includes a first inner circumferential surface (180), a second inner circumferential surface (182), and a third inner circumferential surface (184)” (see page 9-10, 2nd paragraph of the instant application), in combination with the requirements of claims 1-16.
Claim 18 is also indicated as allowable subject matter by virtue of being respectively dependent on claim 17.
Prior Art
10. The IDSs (PTO-1449) filed on March 19, 2025 and Nov. 26, 2024 have been considered. An initialized copy is attached hereto.
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and consists of two patents:
- Kovach et al. (U.S. Patent Application Publication Number 2016/0123390A1) discloses a gear pump bearings with hybrid pads; and
- Borg-Warner (Publication Number GB 1,273,246) discloses pressure loaded gear pump or motor.
12. The examiner cites particular columns and lines numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THERESA TRIEU whose telephone number is (571)272-4868. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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 on 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TT/
/Theresa Trieu/Primary Examiner, Art Unit 3746
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