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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 27th, 2026 has been entered.
Status of the Claims
Examiner acknowledges receipt of Applicant’s amendments and arguments filed with the Office on August 27th, 2026 in response to the Final Office Action mailed on May 27th, 2026. Per Applicant's response, Claims 1 & 3 have been amended, Claim 5 has been cancelled, and Claim 10 has been newly-added. All other claims have been left in their previously-presented form. Consequently, Claims 1-4 & 6-10 now remain pending in the instant application. The Examiner has carefully considered each of Applicant’s amendments and/or arguments, and they will be addressed below.
Response to Arguments
Applicant's arguments filed August 27th, 2026 have been fully considered but they are not persuasive.
In regards to Applicant’s argument that “independent claim 1 now requires, inter alia, the second opening being positioned such that, when the second opening is opposed to one of the plurality of tooth spaces of the first gear, the one of the plurality of tooth spaces opposed to the second opening and the suction passage are partitioned from each other by at least one of the teeth of the first gear, which is not disclosed or suggested by (A) Kanatani. Specifically, in (A) Kanatani, the second end 66 may face a tooth groove in the driven gear. However, that tooth groove communicates with the intake passage 16. Therefore, the tooth groove facing the second end 66 and the intake passage 16 are not partitioned from each other by a tooth, as now set forth in claim 1. In Kanatani, the intake-side communication passage 30 is too short to extend to a region downstream of the intake passage corresponding to the claimed rotation trajectory area. Thus, the second end 66 necessarily remains in communication with the intake passage 16”, the examiner must respectfully disagree. In this case, Applicant’s argument appears to be referring to the gear pump position shown in Figure 3 of Kanatani, wherein the suction passage 16 is exposed to the tooth space containing the opening 66. However, the Examiner respectfully maintains that Kanatani does, in fact, disclose the limitations of amended Claim 1, which now includes the limitations of dependent Claim 5 (previously rejected under Kanatani in the Final Office Action of August 27th, 2026). Figure 4 of Kanatani depicts the arrangement recited in Claim 1, wherein second opening 66 is barely exposed to a tooth space that is partitioned from the suction passage 16 by the corresponding tooth. The Examiner further notes that Applicant’s argument appears to be interpreting the term “partitioned” as “preventing communication between” the intake passage and the tooth space. However, the examiner reminds Applicant that the term “partitioned” does not, on its own, positively require prevention of communication between two elements, and thus, the arrangement being argued by Applicant is not actually necessitated by the claim language. The Examiner respectfully notes that the term “partitioned” simply requires an element to be divided into parts or shares (https://www.merriam-webster.com/dictionary/partition), which is clearly provided by the gear tooth at lead lines 30 and 66 in Figure 4. The fact that the suction passage 16 and tooth space may be, for example, in thermal communication with one another does not override the fact that they are partitioned from one another in the position shown in Figure 4. As such, Applicant’s argument is not persuasive.
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) 1-4 & 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2021/152767 to Kanatani (attached to previous office action).
In regards to independent Claims 1 & 10, and with particular reference to Figures 1-7, Kanatani discloses:
1. A gear pump or gear motor (10; Fig. 1; see also Abstract) comprising: a drive gear (20) and a driven gear (22) that mesh with each other (para. 14), the drive gear having teeth (52; Fig. 4) and the driven gear having teeth (54; Fig. 4); and a side plate (28) arranged to be opposed to the drive gear and the driven gear (Figs. 1 & 7), one of the drive gear and the driven gear being a first gear (inherent), the first gear having a plurality of tooth spaces (apparent in Fig. 4), a suction passage (16) through which a fluid flows (para. 13), a discharge passage (18) through which a fluid having a higher pressure than the fluid flowing through the suction passage flows (para. 13), a mesh area in which the drive gear and the driven gear mesh with each other (clearly seen in Fig. 3; the area surrounding 46), and a rotation trajectory area (gear storage chamber 14) being arranged on a rotation trajectory of the teeth of the first gear in a rotation direction of the teeth of the first gear (apparent in Fig. 2), the suction passage, the rotation trajectory area, the discharge passage, and the mesh area being arranged sequentially in order (it is apparent in Fig. 2 that the suction passage, the rotation trajectory area, the discharge passage, and the mesh area are formed sequentially in order), and the side plate (28) including a first opening (64) opposed to the mesh area (Figs. 3-6), a second opening (66) opposed to the rotation trajectory area (Figs. 3-6), and a feed passage (30) communicating with the first opening and the second opening (Figs. 3 & 7; see also paras. 36-39), the second opening (66) being positioned such that, when the second opening is opposed to one of the plurality of tooth spaces of the first gear (as depicted in Fig. 4, wherein second opening 66 is barely exposed to a tooth space), the one of the plurality of tooth spaces opposed to the second opening and the suction passage are partitioned from each other by at least one of the teeth of the first gear (as shown in Figure 4).
10. A gear pump or gear motor (10; Fig. 1; see also Abstract) comprising: a drive gear (20) and a driven gear (22) that mesh with each other (Fig. 2), the drive gear having teeth and the driven gear having teeth (Fig. 2); and a side plate (28) arranged to be opposed to the drive gear and the driven gear (Figs. 1 & 7), one of the drive gear and the driven gear being a first gear (implicit), a suction passage (16) through which a fluid flows, a discharge passage (18) through which a fluid having a higher pressure than the fluid flowing through the suction passage flows, a mesh area (clearly seen in Fig. 3; the area surrounding 46) in which the drive gear and the driven gear mesh with each other, and a rotation trajectory area (gear storage chamber 14) being arranged on a rotation trajectory of the teeth of the first gear in a rotation direction of the teeth of the first gear (apparent in Fig. 2), the suction passage, the rotation trajectory area, the discharge passage, and the mesh area being arranged sequentially in order (apparent in Fig. 2), and the side plate (28) including a first opening (64) opposed to the mesh area (Figs. 3-6), a second opening (66) opposed to the rotation trajectory area (Figs. 3-6), and a feed passage (30; Fig. 2) communicating with the first opening and the second opening (Figs. 3 & 7; see also paras. 36-39), the feed passage being configured to feed fluid (i.e. being structurally capable of feeding fluid) from the first opening toward the second opening (apparent in Figs. 3-7; paras. 36-39; the claim language, as currently recited, merely requires the structural capability of feeding fluid in the direction claimed, and this capability is certainly present in Kanatani, depending simply on the fluid pressures prevailing at the opposing openings (64, 66) of the passage 30).
In regards to Claim 2, the side plate further includes a third opening (76) opposed to the rotation trajectory area (Figs. 2 & 7) and arranged to be connected to the discharge passage (Fig. 2; paras. 29, 32), and the third opening is closer to the mesh area than the second opening as measured along the rotation direction of the first gear (it is apparent in Fig. 2 that one end of the third opening 76 is located closer to the mesh area in the rotation direction than the second opening).
In regards to Claim 3, with the third opening opposed to any one of the plurality of tooth spaces of the first gear (as shown in Fig. 3), the second opening (66) is opposed to a part of the rotation trajectory area different from a part in which the one of the plurality of tooth spaces is opposed to the third opening (this is apparent in Fig. 3).
In regards to Claim 4, the mesh area includes a closed area (46) surrounded by the teeth of the drive gear and the teeth of the driven gear (Figs. 2-3), and with the first opening opposed to the closed area (as shown in Fig. 5), the second opening and the third opening are opposed to different tooth spaces of the first gear (this is apparent in Fig. 5).
Claim(s) 1 & 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,281,767 to Heckert.
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In regards to independent Claims 1 & 10, and with particular reference to Figures 1-5, Heckert discloses:
1. A gear pump or gear motor (Fig. 1; Abstract; “liquid propelling gear pumps”) comprising: a drive gear (19) and a driven gear (17) that mesh with each other (Figs. 1, 3, 5), the drive gear having teeth (Fig. 3) and the driven gear having teeth (Fig. 3); and a side plate (11) arranged to be opposed to the drive gear and the driven gear (Fig. 1), one of the drive gear and the driven gear being a first gear (inherent), the first gear having a plurality of tooth spaces (apparent in Fig. 3), a suction passage (43) through which a fluid flows (Fig. 3; “spaces 43 and 45 connect with the inlet 33 and outlet 35 respectively and serve as liquid conveying openings for the gear”), a discharge passage (45) through which a fluid having a higher pressure than the fluid flowing through the suction passage flows (Fig. 3; “spaces 43 and 45 connect with the inlet 33 and outlet 35 respectively and serve as liquid conveying openings for the gear”), a mesh area in which the drive gear and the driven gear mesh with each other (Fig. 5), and a rotation trajectory area (53; Fig. 3) being arranged on a rotation trajectory of the teeth of the first gear in a rotation direction of the teeth of the first gear (Fig. 3), the suction passage, the rotation trajectory area, the discharge passage, and the mesh area being arranged sequentially in order (it is apparent in Fig. 3 that the suction passage, the rotation trajectory area, the discharge passage, and the mesh area are formed sequentially in order), and the side plate (11) including a first opening (26) opposed to the mesh area (Fig. 5), a second opening (Fig. 2 above, as annotated by the Examiner, for clarity) opposed to the rotation trajectory area (apparent from Figs. 2 & 3), and a feed passage (27, 25) communicating with the first opening and the second opening (Fig. 2), the second opening being positioned such that, when the second opening is opposed to one of the plurality of tooth spaces of the first gear, the one of the plurality of tooth spaces opposed to the second opening and the suction passage are partitioned from each other by at least one of the teeth of the first gear (such a situation is apparent from Figs. 2 & 3, wherein the second opening would be partitioned from the suction passage 43 by multiple teeth of the drive gear 19).
10. A gear pump or gear motor (Fig. 1; Abstract; “liquid propelling gear pumps”) comprising: a drive gear (19) and a driven gear (17) that mesh with each other (Figs. 1, 3, 5), the drive gear having teeth (Fig. 3) and the driven gear having teeth (Fig. 3); and a side plate (11) arranged to be opposed to the drive gear and the driven gear (Fig. 1), one of the drive gear and the driven gear being a first gear (implicit), a suction passage (43) through which a fluid flows (Fig. 3), a discharge passage (45) through which a fluid having a higher pressure than the fluid flowing through the suction passage flows (Fig. 3), a mesh area (Fig. 5) in which the drive gear and the driven gear mesh with each other, and a rotation trajectory area (53) being arranged on a rotation trajectory of the teeth of the first gear in a rotation direction of the teeth of the first gear (apparent in Fig. 2), the suction passage, the rotation trajectory area, the discharge passage, and the mesh area being arranged sequentially in order (it is apparent in Fig. 3 that the suction passage, the rotation trajectory area, the discharge passage, and the mesh area are formed sequentially in order), and the side plate (11) including a first opening (26) opposed to the mesh area (Fig. 5), a second opening (Fig. 2 above, as annotated by the Examiner, for clarity) opposed to the rotation trajectory area (apparent from Figs. 2 & 3), and a feed passage (27, 25; Fig. 2) communicating with the first opening and the second opening (Fig. 2), the feed passage being configured to feed fluid (i.e. being structurally capable of feeding fluid) from the first opening toward the second opening (apparent in Fig. 2; the claim language, as currently recited, merely requires the structural capability of feeding fluid in the direction claimed, and this capability is certainly present in Heckert, depending simply on the fluid pressures prevailing at the opposing openings of the passage 27/25; see also col. 3, line 50 – col. 4, line 11).
Allowable Subject Matter
Claims 8-9 are allowed.
Claims 6-7 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 best available prior art fails to disclose the gear pump or gear motor of claim 1, wherein the side plate includes a first side plate to be opposed to the first gear, and a second side plate configured to be fixed to the first side plate, an opposed surface of an outer surface of the first side plate opposed to the first gear includes the first opening and the second opening, and the feed passage includes a first passage section between the first side plate and the second side plate, a second passage section provided in the first side plate and communicating with the first passage section and the first opening, and a third passage section provided in the first side plate and communicating with the first passage section and the second opening, as recited in Claim 6.
The best available prior art, outside of Kanatani already applied above, is:
1. JPS54149002 to Teruyama
2. JP 2017/223122 to Tsuzuki
3. JP 2012077686 to Ishinaka
4. JP 2009030516 to Yokoi
5. US 4,311,444 to Shumate
6. US 4,239,468 to Smith
7. US 4,086,216 to Shumate
8. US 2,714,856 to Kane
While each of the above-noted references generally describe gear pumps similar to that claimed by Applicant, including the use of side plates on respective sides the drive/driven gears, none of the available prior art references disclose a first side plate to be opposed to the first gear, and a second side plate configured to be fixed to the first side plate, an opposed surface of an outer surface of the first side plate opposed to the first gear includes the first opening and the second opening, and the feed passage includes a first passage section between the first side plate and the second side plate, a second passage section provided in the first side plate and communicating with the first passage section and the first opening, and a third passage section provided in the first side plate and communicating with the first passage section and the second opening, as recited in Claim 6. Thus, none of these prior art references remedy the deficiencies in Kanatani. Applicant’s specification clearly depicts the arrangement of Claim 6 within Figure 4, and Applicant makes clear that with such a particular arrangement of side plates and corresponding feed passage structures, a rapid change in the pressure of the fluid in the tooth spaces can be reduced, which can reduce the vibration or noise generated in the gear pump or gear motor. Furthermore, Applicant states that damage to the components of the gear pump by cavitation can also be reduced. The prior art fails to disclose or render obvious Applicant’s particular side plate arrangement recited in Claim 6. Claim 7 is objected to for similar reasons, via its dependency upon Claim 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER BRYANT COMLEY whose telephone number is (571)270-3772. The examiner can normally be reached Monday-Friday 9AM-6PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached at 571-270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER B COMLEY/Primary Examiner, Art Unit 3746
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