DETAILED ACTION
This Office action is in response to amendments filed 6/9/2026. It should be noted that claims 1, 5, 10, and 12 have been amended, claim 11 has been cancelled, and claims 17 and 18 have been added.
It should be noted that Applicant elected Species II, Figures 5-7, without traverse in the reply filed on 1/9/2026. Despite claim 11 being cancelled, claims 12-13 are drawn to Species VI and are thereby still withdrawn. New claim 17 is also drawn to Species VI and has been withdrawn as well.
Claim Objections
Claim 15 is objected to because of the following informalities:
In claim 15, line 3, the phrase, “each of the plurality of coil cords”, should be changed to --each of the plurality of coil cores--.
Appropriate correction is required.
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, 4, 5, 7, 10, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ghelli 11,644,043.
Ghelli discloses a pump unit for a centrifugal pump, the centrifugal pump including the pump unit 1 and a stator (element 27 represents the stator which is not shown in the drawings – see col. 4, lines 41-45) extending in an axial direction from a first axial end to a second axial end, a cup-shaped recess (within 27) provided at the first axial end, into which the pump unit 1 is configured to be inserted, the pump unit 1 comprising: a pump housing 5/6/28 with an inlet 3 and with an outlet 4 for a fluid to be conveyed; and a rotor 8 arranged in the pump housing 5/6/28 to convey the fluid, the rotor 8 configured to be rotated about the axial direction (see X axis), the pump unit 1 is configured for non-contact magnetic levitation of the rotor 8 and for non-contact magnetic drive of the rotor 8 by the stator (see col. 2, lines 44-46), the pump housing having a cover part 6/28 and a bottom part 5 to enclose the cover part 6/28, the bottom part 5 having a cylindrical cup to receive the rotor 8, the cylindrical cup configured to be inserted into the cup-shaped recess of the stator (see how 5 inserts into 27 in Figs. 2-3), both the inlet 3 and the outlet 4 of the pump housing 5/6/28 arranged at the cover part 6/28; and attachment elements (locking clips circumferentially placed around 28) configured to connect bottom part 5 and the cover part 6/28 within the pump unit 1, such that the pump unit 1 is capable of being removed from the stator (27) as a whole or inserted into the stator as a whole (Figures 2 and 3 clearly show how the combination of elements 5, 6, and 28 can be attached for removed as a single unit from 27); Re claim 2, wherein the bottom part 5 is configured to be inserted into the cover part 6/28, so that the cover part 6/28 embraces the bottom part 5 radially on an outside (clearly shown in Fig. 2); Re claim 4, further comprising a mounting ring 27, the bottom part 5 resting on the mounting ring 27, and the mounting ring 27 is configured to be fixed to the cover 6/28 part in such a way that the bottom part 5 is clamped between the mounting ring 27 and the cover part 6/28 with respect to the axial direction (see how element 28 clamps 5, 6, and 27 together in Figs. 1-3); Re claim 5, wherein the cover part 6/28 has a plurality of attachment openings (see openings adjacent each locking clip on 28) for the attachment elements (locking clips circumferentially placed around 28), the attachment openings arranged at the cover part 6/28 radially on the outside (clearly shown in Fig.1); Re claim 7, further comprising a cover ring 26 made of an electrically poorly conducting material disposed in the axial direction adjacent to the cover part 6/28, the cover ring 26 configured to be arranged between the attachment openings (on 28) and the stator (beneath 27) with respect to the axial direction after the pump unit 1 has been inserted into the stator (clearly shown in Figs. 2-3); Re claim 18, wherein the bottom part 5 has a substantially ring-shaped first sealing surface, and the cover part 6/28 has a substantially ring-shaped second sealing surface for cooperating with the first sealing surface (clearly shown in Fig. 3), and the first sealing surface and the second sealing surface overlap with respect to the axial direction, so that a radial seal is produced (clearly shown in Fig. 2, see 24 as well as the overlapping edge of 6).
Ghelli discloses, regarding claim 10, a pump unit for a centrifugal pump, the centrifugal pump including the pump unit 1 and a stator (element 27 represents the stator which is not shown in the drawings – see col. 4, lines 41-45) extending in an axial direction from a first axial end to a second axial end, a cup-shaped recess (within 27) provided at the first axial end, into which the pump unit 1 is configured to be inserted, the pump unit 1 comprising: a pump housing 5/6/28 with an inlet 3 and with an outlet 4 for a fluid to be conveyed; and a rotor 8 arranged in the pump housing 5/6/28 to convey the fluid, the rotor 8 configured to be rotated about the axial direction (see X axis), the pump unit 1 is configured for non-contact magnetic levitation of the rotor 8 and for non-contact magnetic drive of the rotor 8 by the stator (see col. 2, lines 44-46), the pump housing having a cover part 6/28 and a bottom part 5 to enclose the cover part 6/28, the bottom part 5 having a cylindrical cup to receive the rotor 8, the cylindrical cup configured to be inserted into the cup-shaped recess of the stator (see how 5 inserts into 27 in Figs. 2-3), both the inlet 3 and the outlet 4 of the pump housing 5/6/28 arranged at the cover part 6/28, the bottom part 5 having a substantially ring-shaped first sealing surface (clearly shown in Fig. 3), and the cover part 6/28 having a substantially ring-shaped second sealing surface for cooperating with the first sealing surface (clearly shown in Fig. 3), the first sealing surface and the second sealing surface overlapping with respect to the axial direction, so as to provide a radial seal (clearly shown in Fig. 2, see 24 as well as the overlapping edge of 6).
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.
Claims 3 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ghelli 11,644,043.
Ghelli discloses the claimed invention as discussed above, except for the cover part specifically being made of a metallic member, more particularly, stainless steel. Nevertheless, it would have been obvious to one having ordinary skill in the art at the time of invetion to make the cover part out of stainless steel since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960)) (see MPEP 2144.07 - Art Recognized Suitability for an Intended Purpose).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ghelli 11,644,043 in view of Barletta US 2019/0013747 A1.
Ghelli discloses the invention as discussed above, as well as the pump unit 1 being part of a centrifugal pump for conveying a fluid, and the stator (not shown in Ghelli) together with the rotor 8 forming an electromagnetic rotary drive to rotate the rotor 8 about the axial direction (see X axis), the stator being a bearing and drive stator with which the rotor 8 is capable of being magnetically driven without contact and capable of being magnetically levitated without contact with respect to the stator, the rotor 8 passively magnetically stabilized with respect to the axial direction, and actively magnetically levitated in a radial plane perpendicular to the axial direction (see col. 2, lines 43-56). However, Ghelli does not specifically show the stator, or disclose that the electromagnetic rotary drive is a temple motor.
Barletta teaches a centrifugal pump 100 for conveying a fluid, comprising: a pump unit 101/1, which includes the pump unit 101/1 and, further regarding claim 14, a stator 104 extending in an axial direction from a first axial end to a second axial end, the cup-shaped recess (see recess created by the stator 104) provided at the first axial end, into which the pump unit 101/1 is configured to be inserted (clearly shown in Fig. 1); further regarding claim 15, wherein the electromagnetic rotary drive is a temple motor (see para. [0064]), the stator has a plurality of coil cores 105, each of the coil cores 105 of the plurality of coil cores 105 having a longitudinal leg extending from a first end in axial direction to a second end, and a transverse leg arranged at the second end of the longitudinal leg and in the radial plane and extending in a radial direction from the longitudinal leg, the plurality of coil cores 105 are arranged around the rotor 1 with respect to the circumferential direction, so that the rotor 1 is arranged between the transverse legs of the coil cores 105, and at least one concentrated winding is provided at each longitudinal leg of the plurality of coils, the at least one winding surrounding a respective longitudinal leg (clearly shown in Fig. 1)..
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have modified the stator/motor of Ghelli by implementing a temple motor, as taught by Barletta, in order to allow the pump to fit a desired space footprint within an apparatus.
Response to Arguments
Applicant argues that, “Ghelli fails to disclose attachment elements configured to connect a bottom part and a cover part within the pump unit, such that the pump unit is capable of being removed from a stator as a whole or inserted into the stator as a whole, as now recited in claim 1 of this application.” And goes on to state that the “stacked assembly structure [of 5, 6, and 28] fails to disclose attachment elements that enable the pump unit to be capable of being removed from a stator as a whole or inserted into the stator as a whole, as now recited in claim 1 of this application.” The Examiner respectfully disagrees and believes Applicant to be walking a line between an apparatus and a method claim. The pump unit elements 5, 6, and 28 can clearly be stacked as a single unit and inserted into element 27, or removed as a whole from element 27. The attachment elements are on the periphery of 28 and can clearly be engaged once the stacked elements are inserted. Therefore, Ghelli meets the claim language as amended.
With regard to independent claim 10, Applicant argues that, “the relief 24 in Ghelli identified in the rejection of claim 10 enables an overlap in the radial direction not the axial direction.” The Examiner respectfully disagrees. It is clearly shown in Fig. 2 that element 24 extends in the axial direction and provides at least one radial seal. Therefore, Ghelli meets the claim language as amended.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Peter J Bertheaud whose telephone number is (571)272-3476. The examiner can normally be reached 9am - 5pm M-F.
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, Mark Laurenzi can be reached at 5712707878. 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.
PJB/PETER J BERTHEAUD/Primary Examiner, Art Unit 3746
Prosecution Insights