DETAILED ACTION
Amendments to the specification and claims filed 23 June 2026 have been entered. The specification amendment overcame the specification objection of the previous office action. New claim 6 was added. Claims 1-6 are pending.
Response to Arguments
Applicant's arguments filed 23 June 2026 have been fully considered but they are not persuasive.
Pg 6, applicant argues that the art of record Kawamura (JP 2016/20067), “heat sink 123/124” does not disclose the claimed “projection,” of “the second valve housing member includes a projection provided by a part not overlapping an external shape of the pump housing when viewed in the first direction.”
Applicant’s first supporting argument is that the claim recites the projection is “included in” the second valve housing member, and therefore the Kawamura heat sink 123/124 can not be a “separate component that does not contact the housing member.” Applicant is arguing unclaimed subject matter stating that the “projection” can not be “a separate component” of the housing component and that it must be “[in] contact.” The claim term “including” or “included” or “includes” is not a structural limitation that means “integral” and “[in] contact” rather, the plain meaning of “including” is “containing as part of the whole being considered (“Include.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/include. Accessed 6 Jul. 2026).” The term “include” is used in the claim to list components of a group. There is no indication that applicant intended the term “include” to imply the structure of “integral” and “[in] contact.” Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Furthermore, applicant’s specification clearly discloses that 371/372 may be either integral or separate component (Applicant, par 0053), which shows that including Kawamura’s “separate” heat sink (123/124) as a component of the claimed housing is reasonable. Furthermore, applicant’s drawings (fig 5) clearly show that valve housing elements “372” and “36” are not touching each other, therefore the limitation clearly shows valve housing components that are not “touching” each other. If applicant intends to limit the claims to an “integral” claim housing or that components are “touching” they should positively recite the terms to distinguish the feature from the other embodiments and structural relationships that applicant has disclosed.
Pg 7, applicant argues that an alternative explanation that “heat sink 123/124” has a portion which does not overlap the entire pump apparatus housing conflicts with claim 1’s claim that the projection “does not overlap the external shape of the pump housing.” Applicant has failed to explain what aspect of their disclosed invention meets this limitation and how it differs from Kawamura structurally. Applicant’s figures (fig 4) clearly show that cover (371) has a projection that partially overlaps the housing of the pump and partially does not overlap the housing of the pump (See annotated drawing below). Interpreting the claimed negative limitation of “not overlapping” must be done in light of applicant’s disclosure and figures. The “not overlapping” must be interpreted as referring to a “partial overlapping” by the projecting with the housing because that partial overlap is plainly illustrated in applicant’s figures. In light of the extensive amount of overlap between the projections of plate 372 and the components of the housing; the examiner must reasonably interpret the scope of the claimed “not overlapping” as potentially referring to a partial overlap as shown in the annotated figure below.
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Annotations on applicant’s fig 4.
Figure 4 above shows the partial overlap of the projections of 372 which shows that “not overlapping” must reasonably be interpreted as a partial overlap of the projections, as all disclosed projections of 372 have a partial overlap with the housing.
Pg 7 and 8, applicant argues that Kawamura does not disclose the heat sink not overlap with the “external shape of the pump housing”, not the air flow. Examiner notes that Kawamura clearly shows portions of heat sink 123/124 which are external to the shape of the pump housing (See annotated drawing below).
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Annotations on Kawamura fig 7
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.
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Annotations on Applicant’s fig 5
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Annotations on Applicant’s fig 2
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawamura (JP 2016/200067).
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Annotations on Kawamura fig 7
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Annotations on Kawamura fig 3
Claim 1, Kawamura discloses A fluid control device (fig 7) comprising:
a pump (piezoelectric pump 10) including a pump housing (191-91; aligns with applicant’s figures);
and a valve (170) including a valve housing (191-192),
the pump and the valve being disposed side by side in a first direction (valve is atop pump),
wherein the pump has a first hole (52) provided in the pump housing,
a second hole (56) provided in the pump housing,
and a vibrator (40) disposed in the pump housing (40 is between 191 and 91),
the vibrator being configured to send gas from the first hole to the second hole (piezoelectric actuator 40 drives the pump and causes gas flow upward, see flow direction arrows in fig 7),
the valve has the second hole provided in a first valve housing member (191) of the valve housing (hole 56 passes through 191 of the valve housing),
the first valve housing member being connected to the pump housing (191 is a component of both the pump and valve housing; this is the same as applicant’s plate 36 being a component of both the pump and valve housing),
a third hole (112, in center of 191 of valve housing; fig 7 shows air outflow through 112, fig 8 shows inlet flow) provided in a second valve housing member of the valve housing (192 is the upper/second part of the valve housing),
the second valve housing member being disposed to face the first valve housing member (192 and 191 face each other on other sides of valve 170),
and a discharge passage (113, fig 8 shows outlet flow through 113) provided in the second valve housing member of the valve housing (113 is embedded in 191 of the valve housing),
the second valve housing member includes a projection (124) provided by a part (123 and 124) not overlapping an external shape of the pump housing when viewed in the first direction (fig 7 shows that 123/124 does not overlap the center part or upper part 109 of the housing in the vertical direction),
the projection has at least part of the discharge passage (123/124 overlaps and thereby reasonably directs flow from 113),
an outside end surface of the discharge passage (upper surface of 113 is the outside surface) opened to an outside faces (upper face of 192) the pump in the first direction (the first direction is the vertical direction; ie the valve and pump are oriented in a vertical direction, See above),
the vibrator includes a vibrator projection (fig 3 shows projection 83 from the actuator) projecting from the pump housing when viewed in the first direction,
and at least part of the outside end surface of the discharge passage is located outside the pump housing when viewed in the first direction (113 is in 192 and above plate 191 and therefore vertically above the pump housing).
Claim 2 dependent on claim 1, Kawamura discloses wherein the outside end surface of the discharge passage does not overlap the vibrator projection when viewed in the first direction (fig 2 shows 113 on the upper housing; since 83 extends outwardly to obtain power, it reasonably will extend further than the pump housing in order to attach to external power).
Claim 3 dependent on claim 1, Kawamura discloses
wherein the discharge passage includes a plurality of discharge passages (fig 2, reasonably both 113 and 112 may be considered discharge passage; fig 7 and fig 8 show the discharge flow through both),
and wherein the plurality of discharge passages is disposed at positions located point-symmetrically relative to a center of the valve housing when viewed in the first direction (112 is on the center of the pump and therefore there is at least one discharge passage with point-symmetry in the vertical direction).
Claim 4 dependent on claim 1, Kawamura discloses
wherein the outside end surface of the discharge passage has a part overlapping the pump housing when viewed in the first direction (fig 7 shows that passage 113 is vertical through plate 192, passage 113 overlaps the pump housing plates 191-91 in the vertical direction).
Claim 5 dependent on claim 1, Kawamura discloses
wherein the vibrator has a multilayer structure (40 includes 41, 42, 43) including a piezoelectric body (42 is the piezoelectric element),
and a vibration body (41 is the diaphragm of the actuator) comprising a metal (41 is disclosed as a metal plate, pg 3, 4th and 9th paragraph),
and the vibration body (41) is held by the pump housing (plates 91-191) and includes the vibrator projection (fig 3 shows the projection off of metal plate 41).
Claim 6, dependent on claim 1, Kawamura discloses
Wherein the vibrator comprises a piezoelectric element (fig 1 and fig 3, piezoelectric element 42, NPL pg 3) and a flat plate (41), and the flat plate includes the vibrator projection (fig 3 shows the vibration projection as annotated at claim 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mou (US 2021/0099105) discloses a discharge passage 16b, exterior of the piezoelectric pump. Uruma (WO 2016/133024) discloses a piezolecetric pump with a valve housing (2, fig 6) with two discharges (22a / 22b) in the same vertical arrangement as applicant. Kamitani (US 2009/0148318) discloses a diaphragm valve (20) with two discharge valve (12) and a third central hole (11).
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 GEOFFREY S LEE whose telephone number is (571)272-5354. The examiner can normally be reached Mon-Fri 0900-1800.
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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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/GEOFFREY S LEE/Examiner, Art Unit 3746
/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746
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