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 .
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, 10-16, 20, 21, 23-27, 29, and 30 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 the inner covering face (annotated fig. 2d below: inner cylindrical surface of 21) of the first housing portion has in the axial direction of the bore the step (annotated fig. 2d below: 23) which is in the form of the stop for the 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 (fig. 2 shows both housings having the same hatching pattern which is an indication of having the same material, the material being metal, see MPEP 608.02; note that the different angle of the hatching pattern indicates separate components).
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 removably attached via threading 25).
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 removably attached via threading 25).
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 cylindrical 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 the inner covering face (annotated fig. 2d below: inner cylindrical surface of 21) of the first cylindrical portion has in the 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 the inner covering face of the first cylindrical portion has in the axial direction of the bore the step which is in the form of the 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).
Re claim 20, wherein the first housing portion and the second housing portion are separately formed (fig. 2: the hash markings show two separate elements) and connected together (annotated fig. 2d below shows the two housing portions are removably attached via threading 25).
Re claim 21, wherein the first housing portion and the second housing portion are threadedly coupled together (annotated fig. 2d below shows the two housing portions are removably attached via threading 25).
Re claim 23, wherein the first housing portion is configured to engage and releasably connect to the pump unit (annotated fig. 2d below shows the first housing portion is removably attached to the pump unit via threading 26).
Re claim 24, 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 removably attached to the pump unit via threading 26).
Re claim 25, further comprising a non-return valve (120) axially disposed between the first and second housing portions.
Re claim 26, wherein the non-return valve includes a spring (121) engaged with the first housing portion (left end of the spring engaged with the first housing portion via the various components in order to secure the spring).
Re claim 27, wherein the non-return valve extends out an open end (122) of the second housing portion (fig. 2b shows a portion of 120 extending out and away from 122).
Re claim 29, wherein the first housing portion includes a bore (open channel in the middle of the first housing portion) having an open end (left end), the second housing portion being configured to be inserted in an insertion direction (from left to right) into the bore through the open end of the bore, the first housing portion having a stop (annotated fig. 2d below: 28) with a face (surface of the stop) arranged to engage the second housing portion when the second housing portion is inserted into the bore of the first housing portion, the face of the stop facing in a direction (facing the leftward direction) opposite to that of the insertion direction.
Re claim 30, wherein the face of the stop of the first housing portion is arranged to engage an end of the second housing portion (end of the second housing portion being the step surface engaging with the stop of the first housing portion).
Claim(s) 1 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (CN 102261553 B). Liu discloses a pump element (fig. 2) for conveying lubricant in a pump unit (par [0002]: oil tank), the pump element comprising:
Re claim 1, a first housing portion (annotated fig. 5 below: 31) configured to move into engagement with the pump unit (the outer cylindrical surface of the first housing portion would engage with the pump unit), the first housing portion having a lubricant outlet (annotated fig. 5 below: 32); and a second housing portion (annotated fig. 5 below: 33) having a lubricant inlet (13), the second housing portion being configured to receive lubricant through the lubricant inlet and to convey the received lubricant to the lubricant outlet (lubricant may flow from the inlet to the outlet when the one-way ball valve is opened); the first housing portion and the second housing portion being in the form of separate elements (fig. 5: the hash markings show two separate elements), the pump element being configured to be fitted in the pump unit (par [0031] describes the oil enters from the oil tank into 13 and oil exhaust to hole 14 into the oil tank, this is an indication that the pump element is fitted to the oil tank).
Re claim 28, wherein a section (annotated fig. 5 below: 34) of the second housing portion is disposed in the first housing portion, the first housing portion having an axial length (entire length of the first housing portion), an axial length (annotated fig. 5 below: entire length of 34) of said section of the second housing portion disposed in the first housing portion being less than half the axial length of the first housing portion (fig. 5).
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, 17-19, and 22 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 removably 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 removably 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 removably 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 removably 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.
Re claim 22, wherein the first housing portion and the second housing portion are produced from different materials.
Regarding claims 9 and 17, it is believed that the first housing portion and the second housing portion are made of metal based on the hatching pattern of the cross-section, MPEP 608.02 describes the hatch pattern material. 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.
Regarding claim 22, 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 different material to reduce material cost and weight of the system, 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.
PNG
media_image1.png
459
813
media_image1.png
Greyscale
PNG
media_image2.png
407
631
media_image2.png
Greyscale
Allowable Subject Matter
Claims 31-33 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 prior arts of record fail to disclose or render obvious the claimed combination of a pump element with the cutting edge being configured to cut into the face of the stop of the first housing portion to provide a seal between the first and second housing portions.
Response to Arguments
Applicant's arguments filed 5/21/2026 have been fully considered but they are not persuasive.
On pages 8-9 of the Remarks, Applicant argues Hulst does not show the housing 101 as two separate housing portions. Hulst specification referred to a singular housing 101. Examiner respectfully disagrees. Hulst annotated fig. 2d above shows the first housing portion as 21 and the second housing portion as 22. The hatch marks in the figures are a clear depiction that the housing portions are separate, non-unitary, components. MPEP 608.02 section IX explains that pattern shown in Hulst fig. 2d indicates a metal material. While Hulst may refer to element 101 as a housing, Hulst does not disclose that the housing is a single unitary structure. The solid horizontal line between the two housing portions indicates a boundary between the two structure. Further, an o-ring, see annotated fig. 2d element 27, is placed between the two housings to prevent leakages therebetween because they are separate components.
Conclusion
THIS ACTION IS MADE FINAL. 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 MINH D TRUONG whose telephone number is (571)270-3014. The examiner can normally be reached M-F 9-5 pm.
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, Robert Hodge can be reached at (571) 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Minh Truong/Primary Examiner, Art Unit 3654
Prosecution Insights