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 .
Responsive to correspondence
This office action is in response to correspondence filed on 03/10/2025.
Information Disclosure Statement
No IDS has been filed.
Abstract
The abstract filed 09/10/2025 appears to be acceptable.
Claim Objections
Following claim(s) are objected to because of the grammatical errors and informalities, for consistency and accuracy of the claim languages:
Claim 16: page 3, line 1, “The rotary, self-priming, positive displacement pump” should be read as -- The rotary positive displacement pump --; line 2, “the second part” should be read as -- the dividing wall-- since claim 16 depends on claims 1 and 15.
Claim 17: page 4, line 1, “The rotary, self-priming, positive displacement pump” should be changed to -- The rotary positive displacement pump -- since claim 17 depends on claim 1.
Appropriate correction is required.
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.
Claims 16-17 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.
Claim 16 recites the limitation "The rotary, self-priming, positive displacement pump" in line 1; “the second part” in line 2. There is insufficient antecedent basis for this limitation in the claim. Accordingly, the applicants are proposed to correct the limitations as suggested above under “Claim Objections”.
Claim 17 recites the limitation "The rotary, self-priming, positive displacement pump" in line 1. There is insufficient antecedent basis for this limitation in the claim. Accordingly, the applicants are proposed to correct as suggested above under “Claim Objections”.
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.
Claims 1-17 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-13 of U.S. Patent Number 11,060,520 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims are more detailed and include all of the steps and limitations of the present invention. Thus, the claims of the instant invention are broader than the patent claims and a person of ordinary skill making the invention set forth in the patent claims would also be making the claims of the instant invention.
Regarding claim 1, U.S. Patent Number 11,060,520 B2 discloses a rotary positive displacement pump for pumping fluids, comprising: a pump housing including a pump chamber therein, the pump housing including a fluid inlet and a fluid outlet communicating with the pump housing, and the pump chamber has an upper wall, a lateral wall, and a floor; a first rotary impeller in the pump housing, the first rotary impeller comprising a first shaft including first shaft ends rotatably mounted in the pump housing, the first shaft including a plurality of vanes having contoured faces extending outwardly therefrom; a second rotary impeller in the pump housing, the second rotary impeller comprising a second shaft including second shaft ends rotatably mounted in the pump housing, the second shaft including a plurality of vanes having contoured faces extending outwardly therefrom; a pair of gears each secured to one of the first shaft and the second shaft of the first and second rotary impellers, wherein the gears mesh with each other and synchronize rotation of the first rotary impeller and second rotary impeller to ensure that the vanes do not contact one another during rotation; and a pressure relief feature operable to relieve pressure developing in a relatively high pressure zone of the pump chamber (claim 1), additional claims 2-17 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-13 of U.S. Patent Number 11,060,520 B2 as indicated in Table 1 below:
Table 1
Instant Application
U.S. Patent Number 11,060,520 B2
Claim 1
Claim 1
Claim 2
Claim 1
Claim 3
Claim 1
Claim 4
Claim 1
Claim 5
Claim 2
Claim 6
Claim 3
Claim 7
Claim 1
Claim 8
Claim 4
Claim 9
Claim 5
Claim 10
Claim 6
Claim 11
Claim 7
Claim 12
Claim 8
Claim 13
Claim 9
Claim 14
Claim 10
Claim 15
Claim 11
Claim 16
Claim 12
Claim 17
Claim 13
Claims 1-17 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-16 of U.S. Patent Number 11,976,659 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims are more detailed and include all of the steps and limitations of the present invention. Thus, the claims of the instant invention are broader than the patent claims and a person of ordinary skill making the invention set forth in the patent claims would also be making the claims of the instant invention.
Regarding claim 1, U.S. Patent Number 11,976,659 B2 discloses a rotary positive displacement pump for pumping fluids, comprising: a pump housing including a pump chamber therein, the pump housing including a fluid inlet and a fluid outlet communicating with the pump housing, and the pump chamber has an upper wall, a lateral wall, and a floor; a first rotary impeller in the pump housing, the first rotary impeller comprising a first shaft including first shaft ends rotatably mounted in the pump housing, the first shaft including a plurality of vanes having contoured faces extending outwardly therefrom; a second rotary impeller in the pump housing, the second rotary impeller comprising a second shaft including second shaft ends rotatably mounted in the pump housing, the second shaft including a plurality of vanes having contoured faces extending outwardly therefrom; a pair of gears each secured to one of the first shaft and the second shaft of the first and second rotary impellers, wherein the gears mesh with each other and synchronize rotation of the first rotary impeller and second rotary impeller to ensure that the vanes do not contact one another during rotation; and a pressure relief feature operable to relieve pressure developing in a relatively high pressure zone of the pump chamber, (claim 1), additional claims 2-17 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-16 of U.S. Patent Number 11,976,659 B2 as indicated in Table 1 below:
Table 2
Instant Application
U.S. Patent Number 11976659 B2
Claim 1
Claim 1
Claim 2
Claim 2
Claim 3
Claim 3
Claim 4
Claim 1
Claim 5
Claim 8
Claim 6
Claim 9
Claim 7
Claim 10
Claim 8
Claim 11
Claim 9
Claim 4
Claim 10
Claim 5
Claim 11
Claim 6
Claim 12
Claim 7
Claim 13
Claim 12
Claim 14
Claim 13
Claim 15
Claim 14
Claim 16
Claim 15
Claim 17
Claim 16
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.
(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.
Claims 1-6 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S Patent Number 4,057,375 to (NACHTRIEB).
Re: Claim 1:
NACHTRIEB discloses:
A rotary positive displacement pump for pumping fluids, comprising:
a pump housing (See Figs. 1-4: housing C, D) including a pump chamber (See Figs. 1-4: 36) therein, the pump housing including a fluid inlet (See Figs. 1-4: inlet L) and a fluid outlet (See Figs. 1-4: outlet M) communicating with the pump housing, and the pump chamber has an upper wall (See Figs. 1-4: upper wall A, a lateral wall 32, and a floor 30);
a first rotary impeller (See Figs. 1-4: rotary impeller H) in the pump housing, the first rotary impeller comprising a first shaft ((See Figs. 1-4: first shaft E) including first shaft ends rotatably mounted in the pump housing, the first shaft including a plurality of vanes ( (See Figs. 1-4: plurality of vanes 24) having contoured faces extending outwardly therefrom;
a second rotary impeller in the pump housing, the second rotary impeller (See Figs. 1-4: secondary rotary impeller J) comprising a second shaft (See Figs. 1-4: a second shaft F) including second shaft ends rotatably mounted in the pump housing (See Figs. 1-4: housing C), the second shaft (See Figs. 1-4: a second shaft F) including a plurality of vanes (See Figs. 1-4: plurality of vanes 28) having contoured faces extending outwardly therefrom;
a pair of gears (See Figs. 1-4: pair of gears 68, 70; 72, 74) each secured to one of the first shaft (See Figs. 1-4: first shaft E) and the second shaft (See Figs. 1-4: a second shaft F) of the first and second rotary impellers (See Figs. 1-4: fist and secondary rotary impellers J and H), wherein the gears mesh (See Figs. 1-4: pair of gears 68, 70; 72, 74 mesh with each other) with each other and synchronize rotation of the first rotary impeller (See Figs. 1-4: rotary impeller H) and second rotary impeller (See Figs. 1-4: secondary rotary impeller J) to ensure that the vanes do not contact one another during rotation (this is implied as the vanes typically do not hinder the vanes of other impeller for smooth operation of the pump); and
pressure relief feature (See Figs. 1-4: col. 4 lines 25-26, col. 6 lines 3-16: fluid pressure release cavities 42, 44, 116) operable to relieve pressure developing in a relatively high-pressure zone of the pump chamber (See Figs. 1-4: col. 4 lines 25-26: discloses fluid pressure release cavities typically pressure is relieved only when it is a higher pressure more than required pressure threshold in a pump).
Re: Claim 2:
NACHTRIEB discloses:
NACHTRIEB discloses all the limitation of claim 1, and wherein the pressure relief feature (See Figs. 1-4: col. 5 lines 55-60, and col. 6 lines 12-16: 42, 44, channel 116, the pressure relief feature has been given broadest reasonable interpretation in the light of the specification of the instant application which comprises at least one channel in at least one of pump housing 102, first rotary impeller 116, and second rotary impeller 128 as described in ¶00024) comprises at least one channel (See Figs. 1-4: col. 6 lines 12-16: 42, 44, channel 116) in at least one of the pump housing (See Figs. 1-4: housing C), the first rotary impeller (See Figs. 1-4: rotary impeller H), and the second rotary impeller (See Figs. 1-4: secondary rotary impeller J), wherein the at least one channel (See Figs. 1-4: col. 6 lines 12-16: 42, 44, channel 116) communicates between at least two pressure zones of the pump chamber (See Figs. 1-4: to maintain the space 116 between the impellers H and J).
Re: Claim 3:
NACHTRIEB discloses:
NACHTRIEB discloses all the limitation of claim 2, and wherein the at least one channel (See Figs. 1-4: channel 116) extends in a closed loop around and proximate a periphery of the pump chamber (See Figs. 1-4: pump chamber 36 as shown in figure 4).
Re: Claim 4:
NACHTRIEB discloses:
NACHTRIEB discloses all the limitation of claim 3, and wherein the at least one channel comprises at least one enlarged area (See Figs. 1-4: 42, 44 and at least one constricted area 116) .
Re: Claim 5:
NACHTRIEB discloses:
NACHTRIEB discloses all the limitation of claim 4, and wherein at least one said enlarged area (See Figs. 1-4: enlarged area 42) is proximate the fluid inlet (See Figs. 1-4: fluid inlet L).
Re: Claim 6:
NACHTRIEB discloses:
NACHTRIEB discloses all the limitation of claim 4, and wherein at least one said enlarged area (See Figs. 1-4: enlarged area 44) is proximate the fluid outlet (See Figs. 1-4: fluid outlet M).
Re: Claim 14:
NACHTRIEB discloses:
NACHTRIEB discloses all the limitation of claim 14, and further comprising a gear chamber (See Figs. 1-4: gear chamber 94) enclosing the pair of gears (See Figs. 1-4: pair of gears 68, 70; 72, 74), and a dividing wall (See Figs. 1-4: dividing wall A) separating the gear chamber from the pump chamber (See Figs. 1-4: 36).
Re: Claim 15:
NACHTRIEB discloses:
NACHTRIEB discloses all the limitation of claim 14, and wherein the pump housing comprises three major parts including a first part (See Figs. 1-4: first part 78, D) enclosing the gear chamber (See Figs. 1-4: gear chamber 94), the dividing wall (See Figs. 1-4: dividing wall A), and a third part (See Figs. 1-4: third part 30) enclosing the pumping chamber (See Figs. 1-4: pumping chamber 36).
Re: Claim 16:
NACHTRIEB discloses:
NACHTRIEB discloses all the limitation of claim 15, and wherein each of the first part (See Figs. 1-4: first part 78, D), the second part (See Figs. 1-4: second part A), and the third part (See Figs. 1-4: third part 30) has a surface exposed to the exterior of the pump housing (See Figs. 1-4: pump housing C) when the first part (See Figs. 1-4: first part 78, D as shown in figure 4), the second part (See Figs. 1-4: second part A as shown in figure 4), and the third part are assembled together (See Figs. 1-4: third part 30 as shown in figure 4, the limitation “assembled together” is implied in a pump so that the pump is operational).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Number 4,057,375 to (NACHTRIEB) in view of JPS 56034994 A to TERUYAMA (TERUYAMA).
Re: Claim 13:
NACHTRIEB discloses:
NACHTRIEB discloses the invention as recited above; however, NACHTRIEB is silent regarding a vane having a cut-out slot.
However, TERUYAMA teaches:
each said vane (TERUYAMA: See Fig.3: discloses vane 10) has a complementary cut-out slot (TERUYAMA : as visibly shown in Fig. 2) for clearance during rotation of the impellers during synchronous intermeshing of the vanes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to have utilized the vane having cut-out slot as taught by TERUYAMA in the NACHTRIEB apparatus, since the use thereof would have improved the efficiency and durable of the rotary pump.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Number 4,057,375 to (NACHTRIEB) in view of U.S Patent Number 4,39,0331 , (NACHTRIEB ’331).
Re: Claim 17:
NACHTRIEB discloses:
NACHTRIEB discloses all the limitations of claim 1; however, NACHTRIEB is silent regarding claimed specific details of a vane structure.
However, NACHTRIEB ’331 teaches:
wherein the vanes of the first rotary impeller ( NACHTRIEB ’331: See Figs.1-3: first rotary impeller 14) ; and the second rotary impeller ( NACHTRIEB ’331: See Figs.1-3: second rotary impeller 16) comprise enlarged heads (NACHTRIEB’331: See Figs.1-3: 38-44; 46-52); including curved lateral surfaces (NACHTRIEB’331: See Figs.1-3: 64, 66), and the first rotary impeller ( NACHTRIEB ’331: See Figs.1-3: first rotary impeller 14) and the second rotary impeller ( NACHTRIEB ’331: See Figs.1-3: second rotary impeller 16) comprise junctures ( NACHTRIEB ’331: See Figs.1-3: 58, 60) of adjacent said vanes curved to cooperate with the enlarged heads of the vanes ( NACHTRIEB ’331: See Figs.1-3: it is implied that two impellers cooperate with each other during operation of the pumping).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to have configure the vane structure of NACHTRIEB as explicitly taught by NACHTRIEB ’331, since such a configuration would have improved the efficiency, reduced the vibration and wear of the rotary pump ( NACHTRIEB ’331: col. 5 lines 60-63).
Allowable Subject Matter
Claims 7-12 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.
The following is a statement of reasons for the indication of allowable subject matter:
The dependent claim 7 recites a limitation “wherein at least one said enlarged area is at one end of the pump chamber along a longitudinal axis of the pump chamber”, the prior art does not teach or suggest this limitation, in combination with the claimed subject matter of claims 1-2 and 4.
Claim 8 is also indicated as allowable subject matter by virtue of being respectively dependent on the dependent claim 7.
The dependent claim 7 recites a limitation “wherein the at least one channel comprises a plurality of unconnected channels”, in combination with the claimed subject matter of claims 1-2 The prior art does not teach or suggest this limitation.
Claim 10-12 are also indicated as allowable subject matter by virtue of being respectively dependent on the dependent claim 9.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and consists of four patents: SMITH (U.S. Patent Number 2,633,083), HIBBARD (U.S. Patent Number 9,581,155B2), HIBBARD (U.S. Patent Number 10,487828B2) and NACHTRIEB (Publication Number GB 1570749A), each further discloses a displacement rotary vane pump.
Conclusion
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/SHAFIQ MIAN/Primary Examiner, Art Unit 3746
December 4, 2025