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 .
Specification
The disclosure is objected to because paragraphs [0002] and [0007] referred to “claim 1”. This is not proper because the claim could potentially be amended or cancelled.
The disclosure is objected to because paragraphs [0034] referred to “first housing portion 4”. The reference character should be 2.
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 5 and 13-19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 is unclear because it recites many features already first recited in claim 4. It is unclear if these are new structures or the same structures of claim 4.
Claim 13 recites “an outer covering face of the second housing portion”, it is unclear if this is the same as “an outer covering face of the second cylindrical portion” of claim 12.
Claim 13 recites “an inner covering face of the first housing portion”, it is unclear if this is the same as “an inner covering face of the first cylindrical portion” of claim 2.
Claim 14 is unclear because it recites many features already recited in claim 13. It is unclear if these are new structures or the same structures of claim 13.
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(s) 1-8 and 10-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hulst (NL 2013166 B1). Hulst discloses a pump element (fig. 2a) for conveying lubricant in a pump unit (fig. 1), the pump element comprising:
Re claim 1, a first housing portion (annotated fig. 2d below: 21) configured to move into engagement with the pump unit (fig. 1), the first housing portion having a lubricant outlet (103); and a second housing portion (annotated fig. 2d below: 22) having a lubricant inlet (102), the second housing portion being configured to receive lubricant through the lubricant inlet and to convey the received lubricant to the lubricant outlet (fig. 2a-c); the first housing portion and the second housing portion being in the form of separate elements (fig. 2: the hash markings show two separate elements), the pump element being configured to be fitted in the pump unit (fig. 1).
Re claim 2, wherein the first housing portion has at least a first cylindrical portion (annotated fig. 2d below: housing of 21) which is provided with a bore (bore shown at the center) which extends at least partially through the first cylindrical portion, wherein an outer covering face (annotated fig. 2d below: outer cylindrical surface of 21) of the first cylindrical portion is configured to move into engagement with the pump unit and an inner covering face (annotated fig. 2d below: inner cylindrical surface of 21) of the first cylindrical portion is configured to move into engagement with the second housing portion.
Re claim 3, wherein the second housing portion has at least one second cylindrical portion (annotated fig. 2d below: housing of 22) which is provided with a bore (bore shown at the center, including 112) which at least partially extends through the second cylindrical portion, wherein an outer covering face (annotated fig. 2d below: outer cylindrical surface of 22) of the second cylindrical portion is configured to move into engagement with the first housing portion (fig. 2).
Re claim 4, wherein an outer covering face (annotated fig. 2d below: outer cylindrical surface of 22) of the second housing portion has in an axial direction at least one step which is in the form of a stop for an end face of the first housing portion, and/or wherein an inner covering face (annotated fig. 2d below: inner cylindrical surface of 21) of the first housing portion has in an axial direction of the bore at least one step (annotated fig. 2d below: 23) which is in the form of a stop for an end face of the second housing portion (fig. 2 shows the step/stop engaging with the leftmost end face of the second housing portion).
Re claim 5, wherein an inner covering face (annotated fig. 2d below: inner cylindrical surface of 21) of the first housing portion has in an axial direction of the bore a step (annotated fig. 2d below: 23) which is in the form of a stop for an end face of the second housing portion (fig. 2 shows the step/stop engaging with the leftmost end face of the second housing portion), wherein the end face and/or the step is/are provided with a cutting edge (annotated fig. 2d below: 24; the end face 24 has been cut to form the straight edge) which is configured to form a fluid-tight connection between the step and the end face (fig. 2d annotated below shows the tight engagement seal between 23 and 24).
Re claim 6, wherein at least one sealing apparatus (annotated fig. 2d below: o-ring 27) is provided between the first housing portion and the second housing portion.
Re claim 7, wherein the at least one sealing apparatus comprises an elastomer sealing means (the o-ring is elastomeric) and/or a metal sealing means.
Re claim 8, wherein the first housing portion and the second housing portion are produced from the same material or from a different material (fig. 2 shows one of these conditions).
Re claim 10, wherein the first housing portion and the second housing portion are releasably connected to each other (annotated fig. 2d below shows the two housing portions are removeably attached via threading 25), and/or wherein the first housing portion can be brought into engagement with the pump unit in a releasable manner (annotated fig. 2d below shows the first housing portion is removeably attached to the pump unit via threading 26).
Re claim 11, wherein the first housing portion and the second housing portion are connected to each other in a non-positive-locking manner (annotated fig. 2d below shows the two housing portions are removeably attached via threading 25), and/or wherein the first housing portion is configured to connect to the pump unit in a non-positive-locking manner (annotated fig. 2d below shows the first housing portion is removeably attached to the pump unit via threading 26).
Re claim 12, wherein the second housing portion has at least one second cylindrical portion (annotated fig. 2d below: housing of 22) which is provided with a bore (bore shown at the center, including 112) which at least partially extends through the second cylindrical portion, wherein an outer covering face (annotated fig. 2d below: outer cylindrical surface of 22) of the second cylindrical portion is configured to move into engagement with the first housing portion (fig. 2).
Re claim 13, wherein an outer covering face (annotated fig. 2d below: outer cylindrical surface of 22) of the second housing portion has in an axial direction at least one step (annotated fig. 2d below: 24) which is in the form of a stop for an end face (annotated fig. 2d below: 23) of the first housing portion, and wherein an inner covering face (annotated fig. 2d below: inner cylindrical surface of 21) of the first housing portion has in an axial direction of the bore at least one step (annotated fig. 2d below: 23) which is in the form of a stop for an end face of the second housing portion (fig. 2).
Re claim 14, wherein an inner covering face of the first housing portion has in an axial direction of the bore a step which is in the form of a stop for an end face of the second housing portion, wherein the end face and the step are provided with a cutting edge (annotated fig. 2d below: 24; ; the end face 24 has been cut to form the straight edge) which is configured to form a fluid-tight connection between the step and the end face (fig. 2d annotated below shows the tight engagement seal between 23 and 24).
Re claim 15, wherein at least one sealing apparatus (annotated fig. 2d below: o-ring 27) is provided between the first housing portion and the second housing portion.
Re claim 16, wherein the at least one sealing apparatus comprises an elastomer sealing means and/or a metal sealing means (the o-ring is elastomeric).
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.
Claim(s) 9 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hulst (NL 2013166 B1). Hulst discloses the pump element (as cited above):
Re claim 18, wherein the first housing portion and the second housing portion are releasably connected to each other (annotated fig. 2d below shows the two housing portions are removeably attached via threading 25), and wherein the first housing portion can be brought into engagement with the pump unit in a releasable manner (annotated fig. 2d below shows the first housing portion is removeably attached to the pump unit via threading 26).
Re claim 19, wherein the first housing portion and the second housing portion are connected to each other in a non-positive-locking manner (annotated fig. 2d below shows the two housing portions are removeably attached via threading 25), and wherein the first housing portion is configured to connect to the pump unit in a non-positive-locking manner (annotated fig. 2d below shows the first housing portion is removeably attached to the pump unit via threading 26).
Hulst does not disclose:
Re claim 9, wherein the first housing portion is made of metal and/or plastics material, and/or wherein the second housing portion is made of metal.
Re claim 17, wherein the first housing portion is made of metal and/or plastics material, and wherein the second housing portion is made of metal.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the housing portions from metal to improve structural rigidity, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
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Conclusion
The cited prior art(s) made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH D TRUONG whose telephone number is (571)270-3014. The examiner can normally be reached M-F 9-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Minh Truong/Primary Examiner, Art Unit 3654