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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Species 2 (Fig. Figs 6A, 6B and 7A-C), Sub-species 2, i.e., with a wear plate, in Species Set 1; and Species 2 from Species Set 2 in the reply filed on March 25, 2026 is acknowledged. The election included an amendment which canceled claims 18-20 and added new claims 21-23.
The election set forth that claims 1, 3, 4, 6, 8, 9, 12, 13 and 15-17 read upon the elected invention. After further view claim 1, and claims 3, 4, 6 and 8 dependent therefrom, read upon Species 1 of Species Set 1 (Claim 1 sets forth that the intermeshed first and second gears and the intermeshed first and second rotors are both configured to transfer fluid from the suction port to the discharge port. This is shown Species 1 of Species Set 1; See Figs. 1-5; in elected Species 2 of Species Set 1 the intermeshing gears operate in the timing gear case 710 and do not communicate with the suction port or the discharge port). Therefore, claims 1, 3, 4, 6 and 8 are withdrawn as being directed to a non-elected embodiment.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 9, 13 and 15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Barron (USPN 9,732,750).
With regards to claim 9, Barron teaches an assembly for a gear pump (the pump illustrated in Figs. 2-4 can broadly be considered as a gear pump since each member-pair (21, 22) (11,11) may broadly be considered as a gear), comprising: a first gear (11, labeled in annotated Fig. 4 below) and a first rotor (22, labeled in annotated Fig. 4 below) mounted for rotation on a first shaft (15, labeled in annotated Fig. 4 below); and a second gear (11, labeled in annotated Fig. 4 below) and a second rotor (21, labeled in annotated Fig. 4 below) mounted for rotation on a second shaft (15, labeled in annotated Fig. 4 below), wherein the first shaft and the second shaft are configured to extend through a gear chamber (see annotated Fig. 2 below) of the gear pump with the first gear, the first rotor, the second gear, and the second rotor contained in the gear chamber (Fig. 2 clearly shows both rotors and gears within the chamber), wherein, when installed in the gear chamber, the first gear is configured to intermesh with the second gear, and wherein, when installed in the gear chamber, the first rotor is configured to intermesh with the second rotor (the rotor and gears are clearly shown and described as intermeshing).
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With regards to claim 13, Barron teaches the assembly of claim 9, wherein the first gear is configured to drive rotation of the second gear, the second shaft, and the second rotor (since the gears and the rotors are fixedly mounted on the shafts and intermesh with each other either of the gears is configured to drive rotation of the other/second gear, the other/second shaft, and the other/second rotor).
With regards to claim 15, Barron teaches an assembly for a gear pump (the pump illustrated in Figs. 2-4 can broadly be considered as a gear pump since each member-pair (21, 22) (11,11) may broadly be considered as a gear), comprising: a first gear (11, labeled in annotated Fig. 4 above) and a first rotor (22, labeled in annotated Fig. 4 above) mounted for rotation on a first shaft (15, labeled in annotated Fig. 4 above); a second gear (11, labeled in annotated Fig. 4 above) and a second rotor (21, labeled in annotated Fig. 4 above) mounted for rotation on a second shaft (15, labeled in annotated Fig. 4 above); and a case extension (labeled in annotated Fig. 6 below) including an extended gear housing that is configured to align with a gear chamber (8, labeled in annotated Fig. 6) of a main case (5, labeled in annotated Fig. 6) of the gear pump to form a combined chamber (clearly shown in Fig. 2), wherein the first shaft and the second shaft are configured to extend through the combined chamber with the first gear, the first rotor, the second gear, and the second rotor contained in the combined chamber (clearly shown in Fig. 2), wherein, when installed in the combined chamber, the first gear is configured to intermesh with the second gear, and wherein, when installed in the combined chamber, the first rotor is configured to intermesh with the second rotor (the rotor and gears are clearly shown and described as intermeshing).
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Claim(s) 9, 13, 15, 16 and 17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Columbo et al (USPAP 2009/0191078).
With regards to claim 9, Columbo et al teaches an assembly for a gear pump (see Fig. 1, 2, 5 & 6), comprising: a first gear (35) and a first rotor (33) mounted for rotation on a first shaft (37); and a second gear (36) and a second rotor (34) mounted for rotation on a second shaft (39), wherein the first shaft and the second shaft are configured to extend through a gear chamber (outlined in annotated Fig. 6 below) of the gear pump with the first gear, the first rotor, the second gear, and the second rotor contained in the gear chamber (Fig. 6 clearly shows both rotors and gears within the chamber), wherein, when installed in the gear chamber, the first gear is configured to intermesh (see Fig. 2) with the second gear, and wherein, when installed in the gear chamber, the first rotor is configured to intermesh (see Fig. 2) with the second rotor.
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With regards to claim 13, Columbo et al teach the assembly of claim 9, as described above, wherein the first gear (35) is configured to drive rotation (note the drive connection 38 at the end of the first shaft 37) of the second gear, the second shaft, and the second rotor (since the gears and the rotors are fixedly mounted on the shafts and intermesh with each other either of the gears are configured to drive rotation of the other/second gear, the other/second shaft, and the other/second rotor).
With regards to claim 15, Columbo et al teach an assembly for a gear pump (the pump illustrated in Figs. 1, 2, 5 and 6), comprising: a first gear (35) and a first rotor (33) mounted for rotation on a first shaft (37); a second gear (36) and a second rotor (34) mounted for rotation on a second shaft (39); and a case extension (22, labeled in annotated Fig. 6 above) including an extended gear housing (labeled in annotated Fig. 6 above) that is configured to align with a gear chamber (labeled in annotated Fig. 6) of a main case (labeled in annotated Fig. 6) of the gear pump to form a combined chamber (labeled in annotated Fig. 6), wherein the first shaft and the second shaft are configured to extend through the combined chamber with the first gear, the first rotor, the second gear, and the second rotor contained in the combined chamber (clearly shown in Figs. 1 & 6), wherein, when installed in the combined chamber, the first gear is configured to intermesh with the second gear, and wherein, when installed in the combined chamber, the first rotor is configured to intermesh with the second rotor (See Fig. 2).
With regards to claim 16, Columbo et al teach the assembly of claim 15, as described above, further comprising a plate (24, shown in Fig. 1) positioned between the first gear and the first rotor and between the second gear and the second rotor, wherein the plate includes a set of holes (clearly shown in Fig. 1) through which the first shaft and the second shaft pass.
With regards to claim 17, Columbo et al teach the assembly of claim 15, as described above, wherein first shaft (37) includes a drive end (38, see Fig. 1), and wherein the first rotor (33) is located between the first gear (35) and the drive end (38).
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Columbo et al in view of Barron.
As set forth above Columbo et al discloses the gear pump substantially as claimed and additionally disclose that the first and second gears (35,36) are identical and that the first and second rotors (33,34) are identical. In Fig. 2 the first and second shaft are shown including keys extending into key seats in the rotors. Columbo et al does not teach wherein the first shaft includes a first rotor key seat and a first gear key seat positioned in a first angular orientation relative to each other, and wherein the second shaft includes a second rotor key seat and a second gear key seat positioned in a second angular orientation, relative to each other, that is different than the first angular orientation. Columbo et al do not discuss how the gears are coupled to the shafts.
As set forth above Barron discloses a similar gear pump to Columbo et al and the gears 11 include gear keys (plural) 16 that would extend into gear key seats of the shafts.
At the time of the effective filing date it would have been obvious to one of ordinary skill in the art to utilize a multi-key connector 16 as taught by Barron as a mechanism to connection the first and second gears 35, 36 of Columbo et al to the first and second shafts as a well-known mechanism for coupling rotary members together. Because the couplings of Barron extend completely around the shaft random keys may be selected for the comparison when determining the angular orientations. For example, on the first shaft a gear key at 12 o’clock may be selected while on the second shaft a gear key at 3 o’clock may be selected. Because the gear keys can be randomly assigned the angular orientations relative to the first shaft and the second shaft may be considered different.
Further, at the time of the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to switch the locations of the rotor keys and the rotor key seats as shown in Fig. 2 of Columbo et al since it has been held that rearranging parts of an invention involves only routine skill in the art; see In re Japikse, 86 USPQ 70. Please note that the instant applicant has not disclosed any criticality for the claimed limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Briere, Hansen et al and Jensen disclose gear pumps similar to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES G FREAY whose telephone number is (571)272-4827. The examiner can normally be reached Mon - Fri: 8:00 - 5:00.
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 at (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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/CHARLES G FREAY/Primary Examiner, Art Unit 3746
CGF
April 27, 2026
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