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 .
Drawings
The drawings are objected to because of the following informality:
In fig. 1, “109” corresponding to 106 should read --107--. This is suggested in view of disclosure in ¶56 of filed specification and fig. 2.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following feature(s) must be shown or canceled from the claim(s). No new matter should be entered.
“the cam lies at a female end of a lever of the camlock fitting”, as in claim 13.
“the cam aligns with a circumferential groove on a male end of a lever of the camlock fitting”, as in claim 14.
“a gasket within the female end”, as in claim 15.
“lever safety pins for additional security”, as in claim 17.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claims 13 – 18 are objected to because of the following informalities:
Claim 13, lines 1-2: “wherein the cam lies at a female end of a lever of the camlock fitting” should read --wherein the cam lies at an end of a lever of the camlock fitting--. In view of disclosure in ¶56 of filed specification, cam is on an end of the lever and camlock fitting has a female end.
Claim 14, lines 1-2: “the cam aligns with a circumferential groove on a male end of a lever of the camlock fitting” should read --the cam aligns withthe radially recessed groove on a male end of the second portion--. In view of disclosure in ¶56 of filed specification and recited claim 12, cam is aligned with a circumferential groove (claimed as “radially recessed groove” in claim 12) on the male end (viewed as end on the “second portion” in claim 12).
Claim 15, line 1: “the levers” should read --
Claim 15, line 2: “the female end” should read --a female end --.
Claim 16, line 1: “the levers” should read --
Claims 14 – 18 are objected to for being dependent on claim 13.
Appropriate correction is required.
Claim Interpretation
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: “toolless attachment mechanism” and “an external locking mechanism” in claim 1.
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.
“toolless attachment mechanism” > mechanism covering structure such as protrusions & notches, threads, clamp(s), bracket(s), ties, buckles, straps, springs and other resilient members, and the like or equivalents thereof [see ¶76 in filed specification: “Other suitable systems of toolless connections can be used in addition or lieu of the protrusions 168 and notches 166. For example, toolless connection mechanisms can comprise, threads, clamp(s), bracket(s), ties, buckles, straps, springs and other resilient members, and the like.”]
“an external locking mechanism” > mechanism covering structure such as locking mechanism 130, head screw 132 (e.g., the knurled panel screw toward the upper portion of the page, a star knob, a thumb screw, or the like) or equivalents thereof [see ¶64 in filed specification and fig. 18: “the locking mechanism 130 and head screw 132 (e.g., the knurled panel screw toward the upper portion of the page, a star knob, a thumb screw, or the like)]”
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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,264,669 in view of Schoning, Makus (US 2023/0003217 – herein after Schoning).
Instant application
US 12,264,669
19. An interchangeable pump section for use with a self-priming transfer pump, the interchangeable pump section comprising:
a pump housing, comprising:
an inlet,
an outlet, and
a series of notches and a series of protrusions symmetrically arrayed about an internal peripheral surface of the pump housing, each protrusion of said series of protrusions comprising a ramp at one end and a tooth at the other end;
a pump cartridge permanently affixed to the pump housing without bolts and such that a hermetic seal is established, to eliminate user exposure and need for tools when replacing or changing out the pump, said pump cartridge comprising therewithin:
a diaphragm;
a wobble plate; and
a valve plate with valves; and
an external locking mechanism to prevent the interchangeable pump section from rotating and disengaging from a motor section, said external locking mechanism comprising a locking tab and a head screw.
1. An interchangeable pump section for use in a self-priming transfer pump, the interchangeable pump section comprising:
a pump housing, comprises:
an inlet,
an outlet, and
a series of notches and protrusions symmetrically arrayed about an internal peripheral surface of the pump housing, each protrusion of said series of protrusions comprising a ramp at one end and a tooth at the other end;
a pump cartridge permanently affixed to the pump housing to eliminate user exposure and need for tools when replacing or changing out the pump cartridge, said pump cartridge comprising therewithin:
a diaphragm;
a wobble plate; and
a valve plate with valves; and
an external locking mechanism to prevent the interchangeable pump section from rotating and disengaging from a motor section, wherein the external locking mechanism includes:
a locking tab and a head screw;
legs in parallel relation to one another, each of the legs extending away from a body of the external locking mechanism;
a peg extending inwardly from each of the legs; and
a slot in each of the legs.
‘669 remains silent on the interchangeable pump section of claim 19 wherein “each notch of the series of notches comprising a taper between one and two degrees that establishes an interference fit”.
However, Schoning teaches a similar transfer pump, wherein each notch (22, in fig. 5) of the series of notches comprising a taper (inclined surface 27).
Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to provide each of the notches in ‘669 pump section with a desired taper as taught by Schoning for the purpose of allowing the corresponding protrusion/lug to be easily introduced into the notch/slot, as recognized by Schoning (see ¶36) [please note “establishing an interference fit” (i.e. friction fit) would naturally flow from the modification]. Furthermore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to have the taper between “one and two degrees” in the modified pump section of ‘669 as a matter of obvious engineering design choice because applicant places no criticality on having the taper between one and two degrees, indicating simply (see ¶75 in filed specification) “The taper can, for example, comprise a taper substantially between one and two degrees (1.0°-2.0°)”.
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.
Claim 18 is 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.
Claim 18 recites the limitation “wherein the lever is a self-locking lever”. The phrase “self-locking” makes the claim indefinite because it is unclear from the filed specification as to what constitutes “self-locking”.
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 12 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krohn, Mark Damien (US 2019/0226474 – herein after Krohn).
Krohn teaches a pump housing (see figs. 1-2) comprising:
an interchangeable pump section (see fig. 7: section with features such as 180, 110, 120, 17, 20) comprising:
a first portion comprising an inlet (17, see ¶96) that includes a radially recessed groove (as evident from fig. 7 and present in view of disclosure of “camlock connector 27” in ¶96); and
a second portion comprising an outlet (20, see ¶96) that includes a radially recessed groove (as evident from fig. 7 and present in view of disclosure of “camlock connector 27” in ¶96) for receiving a cam of a camlock fitting (see ¶17; “cam” being an inherent feature of the camlock fitting);
wherein connecting and disconnecting hoses is possible via the camlock fitting without the use of tools (inherent feature).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 4 and 8 – 10 are rejected under 35 U.S.C. 103 as being unpatentable over Schoning, Makus (US 2023/0003217 – herein after Schoning; cited by applicant on IDS dated 01/31/2025) in view of Cai et al. (US 2015/0337820 – herein after Cai; cited by applicant on IDS dated 01/31/2025) and Stucker et al. (US 5,791,882 – herein after Stucker; cited by applicant on IDS dated 01/31/2025).
In reference to claim 1, Schoning teaches a self-priming transfer pump [as per applicant in ¶54 of pg. pub of instant application: “The pump 100 is referred to as a self-priming transfer pump such because the pump is able to transfer chemical product(s) while operating, and can operate even where air is mixed with said chemical product(s)”; please note that the phrase “can” indicates possibility or probability; Schoning’s pump is a diaphragm type pump that also transfers chemical product(s) (drugs, as per ¶2) and can even operate when air is mixed with the chemical product(s)] comprising:
a pump section (see fig. A below; herein after referred as “2”);
a pump cartridge [“pump cartridge” = a small assembly in or part of a larger assembly; in Schoning: pump cartridge is considered to be formed by components present within the housing wall 5 (seen in fig. 2)] permanently affixed to the pump section without bolts {Schoning does not disclose a use of “bolts” to secure components (within the housing wall 5) to the asserted pump section} [as per Schoning’s ¶10: “This ensures quick assembly and disassembly of the pump, in particular replacement of the pump head”; as per applicant in ¶80 of pg. pub of the instant application: “Again, most if not all of the guts 140 can be provided as a single cartridge permanently fixed to the pump section 102. In this way, these components can be inventoried and/or sold as a single part. This also makes assembly of the pump section 102 to the motor section 104 easier”; the phrase “permanently affixed” is interpreted to mean that the asserted pump cartridge is coupled/fixed permanently to the asserted pump section such that the cartridge is part of the asserted pump section (i.e. cartridge and pump section is a single part/assembly) and is replaced along with the whole pump section] and such that guts (plural components such as valve assembly, diaphragm; these components/guts are inherent features of a diaphragm pump and are present within the asserted pump cartridge) within the pump cartridge are sealed from the environment (in an assembled state of the pump asserted “guts” are considered to be “sealed” from the surrounding environment);
a motor section (see fig. A below; herein after referred as “3”) housing a motor [motor (i.e. pump driving means) is not shown but present within shown drive housing 14 in fig. 1 and as per disclosure in ¶35];
a toolless attachment mechanism (latching lugs 11 + closure arrangement 19, as per ¶35) allowing connection and disconnection between the pump section and the motor section; and
an external locking mechanism (securing device 18, as per ¶35) to prevent the pump section from rotating and disengaging from the motor section during operation of the pump [see ¶35: “The purpose of the securing closure 18 is to ensure that the rotary closure cannot be released when the pump 1 is running”]; and
a relief valve (relief valve element in relief valve 8) that allows fluid to flow away from the main flow path (path followed by fluid via pump chamber) when a predetermined pressure is reached, wherein the relief valve is separately installed as a component in the fluid path (see fig. 1: the asserted relief valve 8 is coupled using fasteners, thus it is considered to be separately installed as a component in the fluid path).
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Fig. A: Edited fig. 1 of Schoning to show claim interpretation.
Schoning remains silent on the self-priming transfer pump, wherein the guts within the pump cartridge are “hermetically” sealed from the environment.
However, Cai teaches a similar transfer pump, wherein guts (components such as diaphragm 70 and valve assembly 90) are hermetically attached to a rim (24) of the pump section (20) so that the guts are hermetically sealed from the environment [see fig. 11 and ¶3: “..the outer brim for the assembly of diaphragm membrane 70 and piston valvular assembly 90 can hermetically attach on the tiered rim 24 (as enlarged view shown in FIG. 11 of association)..”].
Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to seal the guts within the pump section in Schoning’s pump in a hermetic manner as taught by Cai for the well-known purpose of having an airtight feature.
Schoning remains silent on the self-priming transfer pump, wherein the guts comprise at least: a diaphragm; a wobble plate; and a valve plate.
However, Stucker teaches the self-priming transfer pump, wherein guts (components of a pump section) are selected from the group consisting of: a diaphragm (33), a wobble plate (49) and a valve plate (31).
Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify pump section in Schoning for having the pump cartridge with “guts comprise at least: a diaphragm, a wobble plate, and a valve plate” as taught by Stucker for the well-known purpose of driving the diaphragm using the wobble plate and control the fluid flow in the diaphragm pump in one direction using the valve plate with valves.
In reference to claim 2, Schoning teaches the self-priming transfer pump, wherein (see ¶40 and figs. 3A, 3B) the external locking mechanism (18) comprises a locking tab (closure lever 29) and a toolless head screw (push rod or locking bolt 34).
In reference to claim 3, Schoning teaches the self-priming transfer pump, further comprising a clamp plate (housing ring 9).
In reference to claim 4, Schoning teaches the self-priming transfer pump, wherein the pump section (see fig. A above) further comprises (see ¶33: “wherein in the embodiment shown, connections 7 on two sides, at least one inlet and one outlet, are arranged”) an inlet (one of the connections 7), an outlet (other of the connections 7), and a main flow path between the inlet and the outlet [main flow path = path followed by fluid via pump chamber due to actuation of the diaphragm].
In reference to claim 8, Schoning teaches the self-priming transfer pump, wherein:
the motor section (3) comprises a motor mounting plate (17, in fig. 1) that contacts the pump section (2) during operation of the self-priming transfer pump [during operation of the pump, the asserted motor mounting plate 17 is in contact with socket 10 of the asserted pump section 2];
the toolless attachment mechanism (11+19) comprises protrusions at a periphery of the pump section (2) and notches at a periphery of the motor mounting plate [see fig. 1: notches/slots 19 formed at a periphery of the motor mounting plate 17 and protrusions/latching lugs 11 formed at a periphery of the ring 9 that is part of the pump section 2]; and
the protrusions (11) and notches (19) cause the pump section (2) to lock to the motor section (3) after turning the pump section (2) at least certain degrees.
Schoning remains silent on turning the pump section at least forty-five degrees.
However, as evident from Schoning (see figs. 1, 4A, 5), the turning of the pump section (shown in fig. B below) to particular degree is dependent on a circumferential length of the slot in which the protrusion of the pump section is received. Thus, Schoning recognizes that the turning angle is a result effective variable since varying it affects the circumferential length of the slot.
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Fig. B: Edited figs. 4A and 5 of Schoning to show claim interpretation.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify Schoning’s pump for having the turning of the pump section “at least forty-five degrees” since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Further, applicant places no criticality on the claimed turning angle, indicating simply (see ¶84 in pg. pub of the instant application) “The pump section 102 is then rotated an eighth-turn (45°), quarter-turn (90°), half-turn (180°), and/or any other suitable-type turn, via rotating step 196, until the pump section 102 locks into place”.
In reference to claim 9, Schoning teaches the self-priming transfer pump, wherein the toolless attachment mechanism (11+19) is selected from the group consisting of: threads; a clamp; and a bracket [asserted toolless attachment mechanism comprises of notches/slots 19 and protrusions/lugs 11; in view of fig. 1: notches/slots 19 formed on the motor mounting plate 17 engages/clamps to the protrusions/lugs 11 formed on the socket 10 that is part of the pump section 2; thus the asserted toolless attachment mechanism is selected of “clamp” type].
In reference to claim 10, Schoning teaches the self-priming transfer pump, wherein the toolless attachment mechanism (11+19) employs, at least in part, a magnetic, pneumatic, or compressive force to pull the pump section and the motor section toward each other [11+19 employs (make use of) “compressive force” to pull the asserted pump and motor sections toward each other when slots 19 formed on the motor mounting plate 17 that is part of the motor section 3 engages to the protrusions 11 formed on the socket 10 that is part of the pump section 2; this compressive force ensures/creates a secure connection between the two sections].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Schoning in view of Cai, Stucker and evidenced by Schoenmeyr et al. (US 2019/0145387 – herein after Schoenmeyr; cited by applicant on IDS dated 01/31/2025).
Schoning teaches the self-priming transfer pump, further comprising (see fig. C below) a relief valve cover (housing/casing of relief valve 8) in the pump section (2) that allows access to the relief valve (relief valve element) [the asserted relief valve cover is coupled using fasteners, thus it is removable and allows access to the valve element within it]
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Fig. C: Edited fig. 1 of Schoning to show claim interpretation.
[please note the following: Schoning discloses a relief valve 8 which is interpreted to be a relief valve assembly; Schoning’s relief valve assembly inherently has the claimed features of “relief valve” (a valve element); Schoenmeyr shows the inherent features of the relief valve and teaches an exemplary relief valve cover and relief valve (see fig. 2: cross-sectional view of a relief valve assembly 68 shows a valve element within a housing of the relief valve assembly)].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Schoning in view of Cai, Stucker and Krohn, MarkDamien (US 2019/0226474 – herein after Krohn).
Regarding claim 6,
Schoning teaches the self-priming transfer pump, wherein a portion of the pump section (see fig. A above) comprising the inlet (one of the connections 7) and another portion of the pump section comprising the outlet (other of the connections 7).
Schoning remains silent on the self-priming transfer pump, wherein the inlet includes a radially recessed groove and wherein the outlet includes a radially recessed groove for receiving a cam of a camlock fitting.
However, Krohn teaches a pump, wherein the inlet (17, see ¶96) includes a radially recessed groove (as evident from fig. 7 and present in view of disclosure of “camlock connector 27” in ¶96) and wherein the outlet (20, see ¶96) includes a radially recessed groove (as evident from fig. 7 and present in view of disclosure of “camlock connector 27” in ¶96) for receiving a cam of a camlock fitting (see ¶17; “cam” being an inherent feature of the camlock fitting).
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify inlet and the outlet in the pump of Schoning for providing radially recessed grooves for receiving camlock fitting as taught by Krohn for the well-known purpose of rapid connection and disconnection of hoses/pipes without the need for tools.
Claims 13 – 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Krohn in view of Hartman et al. (US 2022/0356973 – herein after Hartman).
Krohn remains silent on the details of the camlock fitting, i.e. thus remains silent on the pump housing, wherein the cam lies at an end of a lever of the camlock fitting, as in claim 13; wherein the cam aligns with the radially recessed groove on a male end of the second portion, as in claim 14; wherein when levers are rotated to the locked position, they pull the male end into a female end, creating a tight seal against a gasket within the female end, as in claim 15; and wherein the levers lock into position using over-center geometry, preventing accidental decoupling, as in claim 16; and wherein the lever is a self-locking lever, as in claim 18.
However, Hartman teaches a camlock fitting (see figs. 57-60),
wherein the cam (bulged/ear portion) lies at an end (bottom end in view of fig. 58) of a lever (224) of the camlock fitting, as in claim 13;
wherein the cam aligns with the radially recessed groove (230, see figs. 59-60) on a male end (214, see ¶282) of the second portion, as in claim 14;
wherein when levers (224) are rotated to the locked position, they pull the male end into a female end (212), creating a tight seal against a gasket (240, see ¶282) within the female end (212), as in claim 15;
wherein levers (224) lock into position using over-center geometry, preventing accidental decoupling (see fig. 60 and ¶7), as in claim 16; and
and wherein the lever is a self-locking lever (lever 224 is a type of lever mechanism that holds its position once engaged without needing continuous external force to stay in place), as in claim 18.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to use improved camlock fitting as taught by Hartman for the outlet in the pump housing of Krohn since it allows to be only partially opened by means of a safety lock feature which allows the improved fitting to be reclosed if the operator observes that the contents inside the improved fitting remain pressurized, as recognized by Hartman (see ¶8).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Krohn in view of Hartman further in view of Palmer, David (US 2010/0253073 – herein after Palmer).
Krohn, as modified, remains silent on the pump housing, further comprising lever safety pins for additional security.
However, Palmer teaches a safety lock (see title and disclosed figures; equivalent to claimed safety pin) for cam lock fitting. The safety lock is coupled to the cam arms/levers of the cam fitting (see ¶49 and figs. 4-5).
In the modified pump housing of Krohn, Hartman’s cam fitting has the levers. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to couple the safety pins as taught by Palmer to the levers of the camlock fitting(s) in the modified pump housing of Krohn for the purpose of keeping the cam lock arms of a female cam lock fitting from accidentally opening, as recognized by Palmer (see ¶14).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Schoning in view of Cai, Stucker and Beaudry et al. (US 2022/0178366 – herein after Beaudry; cited by applicant on IDS dated 01/31/2025).
Schoning remains silent on the self-priming transfer pump, further comprising a switch that controls power to the motor, said switch having an on position and an off position.
However, Beaudry teaches the self-priming transfer pump, further comprising a switch that controls power to the motor, said switch having an on position and an off position [see ¶111: “When a triggering event such as scheduled maintenance or a problem are indicated by the monitoring system (200), the pump may be shut down by a switch, disconnecting the cord (190) or through the controller (220)… Moreover, certain operational features of the controller (220) may be reset as appropriate. Reconnection of the cord (190) or actuation of a switch or the controller (220) would restart the pump (100)”].
Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the pump of Schoning for providing a switch as taught by Beaudry for the purpose of shutting down the pump for maintenance purposes and restating it after the maintenance, as evidenced by Beaudry (in ¶111).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Schoning in view of Cai, Stucker and Schneider, Danniel Shane (US 5,806,161 – herein after Schneider; cited by applicant on IDS dated 01/31/2025).
With respect to the limitation: the self-priming transfer pump, further comprising: a connection between the motor section and the pump section comprising: (i) a male splined motor shaft associated with the motor section; and a female splined section associated with the pump section; wherein the male splined motor shaft is configured to mate with the female splined section; or (ii) a hex shaped shaft; a hex drive motor; a plurality of set screws between the hex shaped shaft and the hex drive motor; a hex drive bearing surrounding the hex drive motor; and an annular bearing surrounding a portion of the hex drive bearing
Schoning teaches the self-priming transfer pump, further comprising a connection between the motor section (3) and the pump section (2) comprising, wherein the connection involves connecting a drive shaft of the motor to a driven shaft within the pump section (this connection being an inherent feature since a diaphragm within the pump section needs to be actuated for pumping the fluid).
Schoning remains silent on the self-priming transfer pump with claimed particular details of the connection.
However, Schneider teaches an apparatus (see fig. 1) comprising a connection between the motor section (motor 12) and the pump section (pump 14) comprising: (i) a male motor splined shaft (male splined shaft 16) associated with the motor section (12); and a female splined section (female splined shaft 18) associated with the pump section (14); wherein the male motor splined shaft is configured to mate with the female splined section.
Because both Schoning and Schneider teaches a motor drive shaft connection in the apparatus comprising of motor and pump, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to substitute a generic connection between the motor shaft and the slot in the transfer pump of Schoning for a splined connection as taught by Schneider in order to obtain the predictable result of transmitting power from the motor for operation of the pump to pump the fluid. KSR Int’l v. Teleflex Inc., 127 S. Ct. 1727, 1740-41, 82 USPQ2d 1385, 1396 (2007).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Meza, Humberto V (US 10,047,737 – herein after Meza; cited by applicant on IDS dated 01/31/2025) in view of Schoning, Makus (US 2023/0003217 – herein after Schoning; cited by applicant on IDS dated 01/31/2025), Cai et al. (US 2015/0337820 – herein after Cai; cited by applicant on IDS dated 01/31/2025) and Stucker et al. (US 5,791,882 – herein after Stucker; cited by applicant on IDS dated 01/31/2025).
Meza teaches an interchangeable pump section (section of pump 10 that has pump head 200, see fig. 1/2) for use with a self-priming transfer pump (10) [as per applicant in ¶54 of pg. pub of instant application: “The pump 100 is referred to as a self-priming transfer pump such because the pump is able to transfer chemical product(s) while operating, and can operate even where air is mixed with said chemical product(s)”; please note that the phrase “can” indicates possibility or probability; Meza’s pump is a diaphragm type pump that is also capable of transferring chemical product(s) and can even operate when air is mixed with the chemical product(s)], the interchangeable pump section comprising:
a pump housing (housing formed by components 201, 202 of pump head 200), comprising:
an inlet (one of the connections 201a) [see col. 5, lines 27-28: “configured with the input/output ports and/or hose connections 201a”],
an outlet (other of the connections 201a), and
a series of notches (108/106, in fig. 3) and a series of protrusions (206, in fig. 4) symmetrically arrayed about an internal peripheral surface of the pump housing (in view of fig. 5, when the pump is in assembled state; notches 108 and protrusions 208 are arranged in claimed manner about an internal peripheral surface of portion 212 (in fig. 4) that is part of the asserted pump housing), each protrusion of said series of protrusions (206, see fig. 4) comprising a ramp (ramp is interpreted to be an inclined surface; in Meza: ramp = surface of base or leg portion 230 that is inclined with respect to 208) at one end (end that is in contact with surface 224) and a tooth (tooth is interpreted to be a projecting part; in Meza: tooth = flange or locking portion 208) at the other end (other end that is distant from surface 224) [see col. 6, lines 28-36: “Each tab 206 may have a respective base or leg portion 230 (see FIG. 4) extending from the corresponding ring-like surface 224 parallel to the longitudinal axis A of the pump 10 and also may have the respective L-shaped flange or locking portion 208 (see FIG. 4) connected to the respective base or leg portion 230 extending perpendicular to the longitudinal axis A of the pump 10, so as to form each respective corresponding locking portion 208 of the pump head 200”] and each notch of the series of notches establishes an interference fit (see col. 5, lines 48-53: 108 frictionally engages with 208, wherein “interference fit” = friction fit);
a pump cartridge (“pump cartridge” = a small assembly in or part of a larger assembly; in Meza: pump cartridge = assembly formed by components within pump head portion 202 and pump head connector and pressure sensing portion 201) permanently affixed to the pump housing without bolts (no such use of bolts is disclosed) and such that a seal is established (housing formed by components 201, 202) [as per col. 3, lines 45-50: “Twist lock style connections allow for ease of assembly of the pump head to the motor. Utilizing the present invention may also allow pump heads to be fully assembled when installed to the motor allowing for stock of pump heads to be stocked complete versus individual components. This may allow for faster production times”; as per applicant in ¶80 of pg. pub of the instant application: “Again, most if not all of the guts 140 can be provided as a single cartridge permanently fixed to the pump section 102. In this way, these components can be inventoried and/or sold as a single part. This also makes assembly of the pump section 102 to the motor section 104 easier”; the phrase “permanently affixed” is interpreted to mean that the asserted pump cartridge (i.e. assembly formed by components within 201, 202) is coupled/fixed permanently to the asserted pump housing (i.e. housing formed by components 201, 202) such that (a) seal is established between the cartridge and the pump housing and (b) the cartridge is replaced along with the pump housing], to eliminate user exposure (eliminate user exposure to any remaining fluid or internal components) and need for tools when replacing or changing out the pump (when replacing or changing out the pump head 200), said pump cartridge comprising therewithin:
a diaphragm (inherent since the pump itself is a diaphragm pump); and
an external locking mechanism (300, see figs. 5/6 and col. 5, lines 36-41) to prevent the interchangeable pump section (section of pump 10 that has pump head portion 202, see fig. 1/2) from rotating and disengaging (see col. 5, lines 54-67) from a motor section (105/100), said external locking mechanism (see figs. 5/6) comprising a locking tab (“locking tab” in a form of a protrusion on one part engaging into its corresponding slot/notch on another part; in Meza: “locking tab” is formed by portion 304 of locking pin 300 that engages into a locking intent or detent 112) and a head screw (“head screw” = screw with a head design; in Meza: “head screw” is formed by threaded portion 302 of the locking pin 300).
Meza remains silent on the self-priming transfer pump, wherein each notch of the series of notches “comprising a taper” and “wherein the taper is between one and two degrees”.
However, Schoning teaches a similar transfer pump, wherein each notch (22, in fig. 5) of the series of notches comprising a taper (inclined surface 27).
Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to provide each of the notches in Meza’s pump with a desired taper as taught by Schoning for the purpose of allowing the corresponding protrusion/lug to be easily introduced into the notch/slot, as recognized by Schoning (see ¶36).
Thus, Meza, as modified, teaches the self-priming transfer pump, wherein each notch of the series of notches comprising a taper that establishes an interference fit [please note “establishing an interference fit” would naturally flow from the modification since Meza discusses the presence of “interference fit” (i.e., friction fit) between the notch and protrusion in view of disclosure in col. 5, lines 48-53].
Meza, as modified, remains silent on the interchangeable pump section wherein the taper is between one and two degrees.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to have the taper between “one and two degrees” in the modified pump section of Meza as a matter of obvious engineering design choice because applicant places no criticality on having the taper between one and two degrees, indicating simply (see ¶75 in filed specification) “The taper can, for example, comprise a taper substantially between one and two degrees (1.0°-2.0°)”.
Meza remains silent on the self-priming transfer pump, wherein a “hermetic” seal is established.
However, Cai teaches a similar transfer pump, wherein a pump cartridge (assembly made of components such as diaphragm 70 and valve assembly 90) are hermetically attached to a rim (24) of the pump housing (20) so that the hermetic seal is established [see fig. 11 and ¶3: “..the outer brim for the assembly of diaphragm membrane 70 and piston valvular assembly 90 can hermetically attach on the tiered rim 24 (as enlarged view shown in FIG. 11 of association)..”].
Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to attach the pump cartridge to the pump housing in Schoning’s pump by establishing a hermetic seal as taught by Cai for the well-known purpose of having an airtight feature.
Meza further remains silent on the pump cartridge comprising therewithin: a diaphragm, a wobble plate and a valve plate with valves.
However, Stucker teaches a diaphragm pump, wherein the pump cartridge (25+27+29) comprises therewithin: a diaphragm (33), a wobble plate (49) and a valve plate (31) with valves (inlet valves 87 and outlet valve 93).
Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the pump cartridge in Meza for providing wobble plate and valve plate with valves as taught by Stucker for the well-known purpose of driving the diaphragm using the wobble plate and control the fluid flow in the diaphragm pump in one direction using the valve plate with valves.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Meza in view of Schoning, Cai, Stucker and Wylie et al. (US 9,719,502 – herein after Wylie; cited by applicant on IDS dated 01/31/2025)
Meza remains silent on the interchangeable pump section further comprising ribs reinforcing the pump housing from an internal side of the pump housing.
However, Wylie teaches the interchangeable pump section further comprising ribs (see fig. 8B or fig. D below) reinforcing the pump housing (10) from an internal side of the pump housing.
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Fig. D: Edited fig. 8B of Wylie to show claim interpretation.
Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the pump housing in Meza for providing ribs as taught by Wylie since it was known in the art to provide ribs in the housing for enhancing the structural integrity in one or more ways (load distribution, stiffness and stability and/or strength reinforcement).
Conclusion
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/CHIRAG JARIWALA/Examiner, Art Unit 3746
/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746
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