DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
2. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and/or second spacer and/or channel must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
3. Claims 23-42 are objected to because of the following informalities:
In claim 23, line 3: “positioned inside an aquarium on one of the side walls of the aquarium” should be changed to – positioned inside an aquarium on one of the side walls of the aquarium --(for clarity).
In claim 23, line 11: “held magnetically in abutting relationship” should be changed to – held magnetically in an abutting relationship --(for consistency).
In claim 23, lines 12-13: ‘inner mount is positioned on the aquarium sidewall” should be changed to – inner mount is positioned on one of the side walls of the aquarium --(for clarity).
In claim 23, lines 18-19: ‘a channel to sustain flow of fluid therethrough” should be changed to –a channel to sustain flow of a fluid therethrough--(for consistency).
In claim 26, line 1: ‘The Kit of claim 23” should be changed to – The kit of claim 23-- (for consistency).
In claim 36, lines 3-4: “to be positioned inside an aquarium on a side walls of the aquarium” should be changed to --positioned inside an aquarium on one of side walls of the aquarium-- for clarity).
In claim 36, line 13-14: “held magnetically in abutting relationship” should be changed to – held magnetically in an abutting relationship --(for consistency).
In claim 36, lines 14-15: ‘inner mount is positioned on the aquarium sidewall” should be changed to --inner mount is positioned on one of the side walls of the aquarium-- (for clarity).
In claim 39, line 1: ‘The Kit of claim 23” should be changed to – The kit of claim 23--(for consistency).
Specification
4. The disclosure is objected to because of the following informalities:
In Paragraph [0025], “FIG. 2 shows the stator outer shell 44 as a honeycomb structure defining the inlets 48. The outer cover 42 has outlets 50 (seen in perspective in FIG. 1) fluidly communicating with the tank compartment for expelling liquid, such as water, from the front side (right side in FIG. 3 farther from the tank wall 12) of the pump 40.” should be changed to -- FIG. 2 shows the stator outer shell 44 as a honeycomb structure defining the inlets 48. The outer cover 42 has outlets 50 (seen in perspective in Fig. 2) fluidly communicating with the tank compartment for expelling liquid, such as water, from the front side (right side in FIG. 3 farther from the tank wall 12) of the pump 40--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
5. 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 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 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.
The factual inquiries 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.
6. Claim(s) 23, 25, 35-36 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (hereinafter “Zhang”) (Pub. No.: US 2019/0200586 A1).
Regarding claims 23 and 36, (Zhang discloses an aquarium pump kit (fluid pump assembly which is including a wave-making pump and a support or fixing device 40, as discussed in Paragraph [0018] and shown in annotated Figures 2&3), comprising:
a. an inner mount (defined by an inner magnetic sucker or inner fixing element 42, as discussed in Paragraph [0018]) comprising a first permanent magnet (comprising a first permanent magnet M42, as presented in annotated Figure 2), the inner mount (inner magnetic sucker or inner fixing element 42, as seen in annotated Figure 3) configured to be positioned inside an aquarium on one of the side walls of the aquarium;
b. an outer mount (outer magnetic sucker 41, as discussed in Paragraphs [0017]-[0018]) comprising a second permanent magnet (comprising a magnet M41 which is inserted inside the outer magnetic sucker or fixing element 41, as presented in Paragraphs [0009]& [0018] and annotated Figure 2) configured to be positioned outside the aquarium in an opposing relationship to the inner mount (as best seen immediately below);
c. a first spacer (first spacer FS42, as best seen immediately below) disposed between the inner mount (defined by an inner magnetic sucker or inner fixing element 42, as discussed in Paragraph [0018]) and the outer mount (outer magnetic sucker 41, as discussed in Paragraphs [0017]-[0018]) and adapted to allow separation of the inner mount from the outer mount (the first spacer portion FS42 is inherently being adapted to allow separation of the inner mount or inner fixing element 42 from the outer mount, as best seen in annotated Figure 2);
d. a pump (wave-making pump, as detailed in Paragraph [0018] and claims 1& 3) comprising a pump housing (comprising a casing 10, including a ferromagnetic body 43 arranged in the casing, as discussed in Paragraph [0018]) containing an inner plate having a soft magnetic material and/or steel inner plate (as stated in Paragraph [0018], the ferromagnetic body 43 adopts an iron ring, which is well-known as a soft magnetic material), a rotor body (rotor body R30, which is including impeller 30, as depicted in annotated Figure 2 and detailed in Paragraph [0030]), and a stator (stator portion S20 that is surely being configured to interact with the rotor body R30 to rotationally drive the rotor body R30) configured to interact with the rotor body to rotationally drive the rotor body (stator portion S20 that is surely being configured to interact with the rotor body R30 to rotationally drive the rotor body R30), the inner plate or steel inner plate (defined by ferromagnetic body 43) disposed between the rotor body and the inner mount (as best seen in annotated Figure 2, the ferromagnetic body 43 is undoubtedly located between the rotor body R30 and the inner mount or inner magnetic sucker 42), wherein the inner plate (ferromagnetic body 43) is adapted to be held magnetically in abutting relationship (as illustrated in annotated Figure 3, the ferromagnetic body 43 is surely being magnetically held in abutting relationship with the inner mount, which is defined by the inner magnetic sucker 42, as otherwise, the system cannot normally operate) with the inner mount without mechanical support when the inner mount is positioned on the aquarium sidewall, wherein the pump housing (casing 10) comprises an outer cover (defined by the diversion protective cover 12 that is arranged on the front side of the rear casing 11, as presented in Paragraph [0018] and Figure 2), a stator outer shell (rear casing 11) connected to the outer cover (diversion protective cover 12), a stator inner shell (stator inner shell SIS20, as depicted in annotated Figure 2) integrally connected to the stator outer shell (stator inner shell SIS20 is clearly integrally connected to the rear casing 11, which is designated as stator outer shell, as shown in annotated Figure 2) and a rear cover (rear casing 11, as presented in Paragraph [0018]) connected to the stator outer shell (being connected to the rear casing 11), and
e. a second spacer (second spacer SS11, as depicted in annotated Figure 2) disposed between the pump (pump10) and the inner mount (the inner mount or inner magnetic sucker 42).
Particularly, Zhang demonstrates the fixing device 40, wherein, as stated in Paragraph [0009], the outer magnetic sucker 41 and the inner magnetic sucker 42 are both provided with magnets, and the outer magnetic sucker 41 is connected to the inner magnetic sucker 42. Zhang expressly states that the outer magnetic sucker and the inner magnetic sucker attract each other to clamp the wall of an aquarium; the ferromagnetic body and the inner magnetic sucker attract each other, so as to ensure that the rear casing is connected with the wall of the aquarium.
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Certainly, Zhang’s wave-making pump utilizes relationships existing between the outer magnetic 41 and inner magnetic 42 suckers and ferromagnetic body 43, which is being an iron ring. As seen in annotated Figure 2, Zhang explicitly teaches as how “the outer magnetic sucker 41 and the inner magnetic sucker 42 attract each other to clamp the wall of an aquarium, and then the rear casing with the iron ring is sucked on the inner magnetic sucker 42” (see Paragraph [0018]).
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As best shown in annotated Figure 2, the end section or large end opening 123 has a series of arms or diversion bars 122 forming an 8 shape along the axis of diversion protective cover 12 that is arranged at the opening, as stated in Paragraph [0019]. Certainly, with respect to annotated Figures 2&3 again, in the wave -making pump 10, fluid moves parallel to the drive shaft axis while the primary intake fluid pathway is positioned directly upstream of the propeller’s leading edges along its rotational axis or fluid enters co-axially or radially and exits axially and/or the intake geometry is symmetrically around the propeller axis.
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Essentially, with reference to annotated Figures 2 and 3 again, Zhang’s pump assembly is certainly designed such that the wave-making pump is positioned in abutting relationship with the inner mount 42, such that the inner plate or ferromagnetic body 43 is magnetically held in abutting relationship with the inner mount 42 without mechanical support and/or the first magnet M42, the second magnet M41, and the inner plate or steel inner plate or soft magnetic material or ferromagnetic body 43 collectively establish a magnetic circuit having sufficient strength to mount and hold the outer mount or outer magnetic sucker 41, the inner mount 42, that is defined by an inner magnetic sucker or inner fixing element 42, and the pump in place on the opposite sides of one of the side walls of the aquarium without mechanical support, as instantly claimed.
Although Zhang discloses the majority of the Applicant’s claimed invention, he does not explicitly disclose specifics regarding fluid outlets and/or inlets.
However, regarding the recitation “the stator outer shell has fluid inlets and the outer cover has fluid outlets, the fluid inlets of the stator outer shell and fluid outlets of the outer cover are configured to be fluidly connected by a channel to sustain flow of fluid therethrough”, Applicant should note that such recited configuration is an obvious matter of design choice wherein no stated problem is solved or unexpected results obtained in having the fluid inlets at a stator outer shell and/or fluid outlets at the outer cover, and fluid outlets of the outer cover being configured to be fluidly connected by a channel to sustain flow of fluid therethrough versus the configuration taught by Zhang.
Thus, one of ordinary skill in the art would understand, in both instances, the fluid inlets and fluid outlets will be fluidly connected by a channel to further sustain flow of fluid therethrough, as otherwise, the system cannot normally operate.
Regarding claims 25 and 38, Zhang substantially discloses the kit, as claimed and detailed above. Additionally, in Paragraphs [0010] & [0017], Zhang especially teaches that “the inner magnetic sucker is provided with an arc concave surface corresponding to the arc surface”. Clearly, with reference to annotated Figure 2, Zhang evidently illustrates as how the inner mount 42 comprises a concave surface or arc concave surface 421 and/or how the wave-making pump comprises a convex surface or arc surface 111 while the convex surface or arc surface 111 abuts the concave surface 421, as instantly claimed.
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Regarding claim 35, Zhang substantially discloses the kit, as claimed and detailed above. Additionally, Zhang expressly states that the ferromagnetic body 43, which is designated as the soft magnetic material, is being an iron ring (see claim 8). Further, with specific regard to the recitation of “the soft magnetic material is steel” it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize such a compound since it has been held to be within the general skill of a worker in the art to select a known material (or material compound) on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Thus modified, one skilled in the art would have been reasonably appraised to further provide the soft magnetic material being composed of a steel, as instantly claimed.
7. Claim(s) 29 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, as evidenced by McDougall (US 8,944,786 B1).
Regarding claims 29 and 42, Zhang substantially discloses the kit, as claimed and detailed above. Additionally, as best seen immediately below, Zhang explicitly exhibits that the inner mount, which is defined by the inner magnetic sucker or inner fixing element 42, is comprising an inner mount housing H42 enclosing the second permanent magnet.
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This is evidenced by McDougall (US 8,944,786 B1) which performs another pumping system or circulation system that is attached to a wall of a tub or other vessel.
McDougall successfully demonstrates as how mounting portion 32 being a cover or housing for magnet plate 34 and magnets 53a and 53b.
McDougall, in column 4 lines 50-67, explicitly teaches: Two mounting magnets 53a and 53b are provided, each inserted in a respective mounting receptacles or openings 52a, 52b. Mounting magnets 53a. 53b are neodymium magnets in a particular embodiment that are /2 inch in diameter and 4 inch in length. Mounting magnets 53a, 53b are held within mounting receptacles or openings 52a, 52b by magnetic attraction to mounting 32, by interference fit, and/or by adhesives. Mounting magnets 53a, 53b are set with opposite polarity, that is, if mounting magnet 53a has a north pole facing out from mounting 32, then mounting magnet 53b has a South pole facing out from mounting 32. Mounting magnets 53a, 53b hold motor assembly 22 against wall 28 with impeller assembly 24 as illustrated in FIG. 1.
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8. Claim(s) 24 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Zhang et al. (hereinafter “Zhang’100”) (WO2018/233100A1, English translation appended).
Regarding claims 24 and 37, Zhang substantially discloses the kit, as claimed and detailed above. However, Zhang does not explicitly disclose that the pump is angularly adjustable relative to the inner mount.
Nonetheless, Zhang’100 in the same field of endeavor teaches another pump assembly, wherein, as stated in Abstract, the wave maker pump comprising an angle adjusting structure. Zhang’100 successfully demonstrates as how: the bottom surface of the water pump (1) is a circular spherical surface attached to a circular spherical surface of the in-tank suction cup (3); the water pump can be adjusted 360 degrees; the out-tank suction cup (5) and the in-tank suction cup (3) are separately by the glass and are absorbed and fixed opposite to each other. Therefore, the water pump can rotate 360 degrees, thereby adjusting the angle thereof. The operation is simple and convenient, the manufacturing costs are low, and the structure is simple and easy-to-operate (see Abstract).
Zhang’100, in Paragraph [0018], expressly states: As shown in Figures 1-5, the specific embodiment of the present invention mainly includes glass 4, a water tank, a water pump 1, an inner suction cup 3, an outer suction cup 5 and an iron block 2; the water pump 1 and the inner suction cup 3 are located in the In the water tank, the bottom of the water pump 1 is provided with an iron block 2. The bottom surface of the water pump 1 is a circular spherical surface that fits with the circular spherical surface of the suction cup 3 in the cylinder. The angular position of the water pump 1 can be adjusted to rotate 360°. The suction cup 3 is correspondingly sucked and fixed through the glass 4.
In this disclosure, in Paragraph [0022], Zhang’100 especially notes: The invention adopts the suction cup 3 in the cylinder and the suction cup 5 outside the cylinder for strong iron adsorption and fixation, the iron block 2 at the bottom of the wave pump and the circular spherical surface of the suction cup 3 in the cylinder can rotate 360° to adjust the angle of the water pump 1, the adsorption is firm and fixed, the operation is simple and convenient, and the manufacture Low-cost, simple and easy-to-operate wave-making pump angle adjustment structure.
Consequently, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using an angle adjusting structure, as taught by Zhang’100, to the pump of Zhang, in order to further have a function of adjusting the angle of the water pump, as motivated by Zhang’100 in Paragraph [0006].
Thus modified, one skilled in the art would have been reasonably appraised that the pump would be further angularly adjustable relative to the inner mount, as instantly claimed.
9. Claims 26, 30, 32-33 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG in view of McDougall.
Regarding claims 26, 30 and 39, Zhang substantially discloses the kit, as claimed and detailed above. However, Zhang is silent as to the fact that the first permanent magnet M42 comprises a plurality of magnets comprising a hard magnetic material and/or the second permanent magnet M41 comprises a plurality of magnets comprising a hard magnetic material. Nonetheless, pump assemblies having the claimed structure and contain a pair of units that are magnetically coupled to each other are notoriously well-known in the art, as taught by McDougall.
McDougall in the same field of endeavor teaches another pumping system or circulation system that is attached to a wall of a tub or other vessel.
Specifically, in column 4 lines 50-67, McDougall explicitly teaches: Two mounting magnets 53a and 53b are provided, each inserted in a respective mounting receptacles or openings 52a, 52b. Mounting magnets 53a, 53b are neodymium magnets in a particular embodiment that are /2 inch in diameter and 4 inch in length. Mounting magnets 53a, 53b are held within mounting receptacles or openings 52a, 52b by magnetic attraction to mounting 32, by interference fit, and/or by adhesives. Mounting magnets 53a, 53b are set with opposite polarity, that is, if mounting magnet 53a has a north pole facing out from mounting 32, then mounting magnet 53b has a South pole facing out from mounting 32. Mounting magnets 53a, 53b hold motor assembly 22 against wall 28 with impeller assembly 24 as illustrated in FIG. 1. Plate 34 in the illustrated embodiment is a circular disc having a central opening 60 for direct connection with motor 31. A set of eight equiangularly spaced rotational magnets 62, 63 (preferably also of neodymium) are positioned in a circular pattern at or near the periphery of the disc. Rotational magnets 62, 63 are attached to plate 34 by magnetic force, adhesives, or other ways of holding rotational magnets 62, 63 in place in plate 34.
More specifically, in column 5 lines 8-15, McDougall further details: each of rotational magnets 62, 63 is in the form of a cylinder 3/8 inch in diameter and 3/8 inch in length, and neodymium magnets were chosen for their small volume and high magnetic force.
Consequently, in light of these advantages, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using magnetic elements, as taught by McDougall, to the pumping assembly of Zhang, in order to complete the strong attraction between the two assemblies and to further provide a magnetic boost to the rotational motion through interaction with the mounting magnets, and thus reduce overall energy consumption, as motivated by McDougall in column 2 lines 43-46.
Further, with specific regard to the limitation “plurality of magnets comprising a hard magnetic material” it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize such a compound since it has been held to be within the general skill of a worker in the art to select a known material (or material compound) on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Thus modified, one skilled in the art would have been reasonably appraised that the first permanent magnet M42 would be further comprising a plurality of magnets comprising a hard magnetic material and/or the second permanent magnet M41 would be further comprising a plurality of magnets comprising a hard magnetic material, as instantly claimed.
Regarding claims 32 and 33, Zhang substantially discloses the kit, as claimed and detailed above.
Additionally, in Paragraph [0018], Zhang specifically teaches that the impeller 30 is being arranged at the output end of the motor 20, so as to produce water waves. In fact, as shown in annotated Figure 1, Zhang explicitly exhibits as how impeller blades I30 being configured for causing the flow of fluid through the pump.
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However, Zhang does not explicitly disclose specifics of the rotor magnets received in an annular compartment. Nonetheless, pump assemblies having the claimed structure and contain a pair of units that are magnetically coupled to each other are notoriously well-known in the art, as taught by McDougall.
McDougall in the same field of endeavor teaches another pump assembly that, as stated in Abstract, is comprising a first casing disposed outside the container in contact with the wall, a first magnetic assembly mounted to the first casing and operatively associated with a drive motor, a second casing disposed inside the container in contact with the wall, and a second magnetic assembly mounted to the second casing and operatively associated with a propeller.
Specifically, in column 4 lines 66-67 and column 5 lines 1-20, McDougall further teaches: A set of eight equiangularly spaced rotational magnets 62, 63 (preferably also of neodymium) are positioned in a circular pattern at or near the periphery of the disc. Rotational magnets 62, 63 are attached to plate 34 by magnetic force, adhesives, or other ways of holding rotational magnets 62, 63 in place in plate 34. In particular embodiments, plate 34 may be fashioned with indentations or receptacles in which rotational magnets 62, 63 are placed, and may use an interference fit along with or instead of the holding methods noted above. In a particular embodiment, each of rotational magnets 62, 63 is in the form of a cylinder 3/8 inch in diameter and 3/8 inch in length, and neodymium magnets were chosen for their Small Volume and high magnetic force. Rotational magnets 62, 63 have polarities facing outward (i.e. as seen in FIG. 4) that alternate. For example, rotational magnets 62 have a north pole facing outward from plate 34, while rotational magnets 63 have a South pole facing outward from plate 34.
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More specifically, in column 12 lines 47-52: McDougall also notes that: a motor assembly within the motor mounting and including a rotatable motor magnet plate; a first plurality of rotational magnets arranged in a circular pattern on the motor magnet plate in an alternating polarity order.
Then, as shown in annotated Figure 4, McDougall evidently illustrates as how the rotational magnets 62 being received in the annular compartment.
Consequently, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using rotor magnets or rotational magnets that are arranged a circular pattern, as taught by McDougall, to the pumping assembly of Zhang, in order to further provide a magnetic boost to the rotational motion, as motivated by McDougall in column 2 lines 43-46.
Thus modified, one skilled in the art would have been surely appraised that the rotor body would be further comprising rotor magnets that would be further received in an annular compartment and/or the rotor body would be further containing rotor magnets in annular compartments.
10. Claims 27-28 and 40-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Bresolin (Pub. No.: US 2017/0150702 A1).
Regarding claims 27-28 and 40-41, Zhang substantially discloses the kit, as claimed and detailed above. However, although Zhang discloses the vast majority of the Applicant’s claimed invention, he is still silent as to the structural specifics of the outer mount.
Nonetheless, outer fixing elements having the claimed structure are notoriously well-known in the art, as taught by Bresolin.
Bresolin in the same field of endeavor teaches another pumping system and support device for aquarium, very similar to that seen in annotated Figure 3 and which performs as how: the support device includes a cap-shaped first magnetic or ferromagnetic element, the first fixing element includes a second magnetic or ferromagnetic element, and the convex cap of the sustaining element is interposed between the concave cap of the first fixing element and the first magnetic or ferromagnetic element so that, due to magnetic attraction between the first magnetic or ferromagnetic element and the second magnetic or ferromagnetic element, the sustaining element is supported by the first fixing element and, at the same time, it is rotationally movable (see Abstract).
Further, in Paragraphs [0045]-[0047], Bresolin explicitly teaches: the device 100 comprises a second fixing element 110 to be applied to the outside wall of an aquarium. 0046. The second fixing element 110 comprises a base 112, preferably circular in shape, on which there are suction means 113, preferably composed of a peripheral projecting lip made with elastically deformable material such as rubber or silicone, able to adhere to the wall of an aquarium. 0047. A housing seat 114 is formed in the base 112 wherein a third magnetic or a ferromagnetic element 116 is inserted. The seat 114 is then closed by a lid 118 thus enclosing inside the third magnetic or ferromagnetic element 116.
Clearly, disclosing the lid 118 which is enclosing the third ferromagnetic element 116 and/or housing seat 114 which is formed in the base 112 wherein a third magnetic or a ferromagnetic element 116 is inserted, Bresolin specifically teaches as how the outer mount comprising an outer plate, which is defined by the lid 118, while the outer plate and the first permanent magnet 116 are contained in an outer mount housing.
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Hence, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using an outer plate or lid and/or an outer mount housing, as taught by Bresolin, to the pump assembly of Zhang, as part of an obvious combination of known prior art structures, in this case the use of outer plates in a fixing element that is applied to the outside wall of an aquarium, to achieve predictable results, in this case, to control the magnetic force between first and second magnetic assemblies. See KSR; MPEP 2141 III A.
Further, with specific regard to the limitation “an outer plate having a second soft magnetic material”, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize such a compound since it has been held to be within the general skill of a worker in the art to select a known material (or material compound) on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Thus modified, one skilled in the art would have been reasonably appraised that the outer mount would be further comprising an outer plate having a second soft magnetic material and/or the outer plate and the first permanent magnet would be further contained in an outer mount housing, as instantly claimed.
11. Claim 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Lawyer et al. (hereinafter “Lawyer”) (Pub. No.: US 2006/0210412 A1).
Regarding claim 31, Zhang substantially discloses the kit, as claimed and detailed above. However, Zhang does not explicitly disclose that the outer mount or the inner mount comprising a friction layer positioned adjacent to the sidewall.
Nonetheless, the use of friction layers in a fluid pump assembly is notoriously well-known in the art, as taught by Lawyer. Lawyer in the same field of endeavor teaches another pump assembly that is comprising a first casing disposed outside the aquarium in contact with the wall, a first magnetic assembly mounted to the first casing and operatively associated with a drive motor, a second casing disposed inside the aquarium in contact with the wall, and a second magnetic assembly mounted to the second casing and operatively associated with a propeller (see Abstract).
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Especially, in Paragraph [0043], Lawyer successfully teaches that: the first casing 12 and the second casing 32 automatically come into coaxial alignment by virtue of the magnetic attraction provided by the magnetic assemblies 14 and 34 communicating magnetically with each other. The first casing 12 and the second casing 32 are prevented from rotating and held against gravity by means of at least one first friction member 44 attached to an inner face 12a of the first casing 12 facing the first side 6a of the side wall 6 of the container 2, and at least one second friction member 46 attached to an outer face 12b of the second casing 32 facing the second side 6b of the side wall 6 of the container 2. The friction members 44 and 46 are made from material with a relatively high friction coefficient and preferably are formed from a resilient material.
Consequently, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using friction members, as taught by Lawyer, to the pump assembly of Zhang, as part of an obvious combination of known prior art structures, in this case the use of a friction layer to achieve predictable results, in this case, to control the magnetic force between first and second magnetic assemblies. See KSR; MPEP 2141 III A.
Thus modified, one skilled in the art would have been surely appraised that the outer mount or the inner mount would be further comprising a friction layer that would be further positioned adjacent to the wall, as instantly claimed.
12. Claim(s) 34 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Long (Pub. No.: US 2007/0136943 A1).
Regarding claim 34, Zhang substantially discloses the kit, as claimed and detailed above.
Additionally, Zhang specifically discloses that “the wave-making pump is being externally connected with an electric supply and is provided with a power adapter 50, so as to provide electric power for the wave - making pump with the novel directional structure, and meanwhile is further provided with a controller 60, so as to control the wave- making pump” (see Paragraph [0018]).
As seen immediately below, Zhang evidently demonstrates as how the power cord is extending into the stator compartment. However, Zhang is still silent as to the fact that the electricity connection needs to be provided to the stator.
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Nonetheless, Long in the same field of endeavor teaches another pump assembly having a rotor and magnetically retained rotor (see Paragraph [0009]. Most importantly in Long is his idea of providing an electricity to the stator. Long, in Paragraph [0035], expressly states that: The stator 26 is electrically connected to a low DC voltage power source using a quick-disconnect fitting 48. The stator 26 is in the housing 14 with the wiring on the opposite side from the rotor 28 and distal from the basin 12.
Consequently, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of using an electricity connection, as taught by Long, to the pump assembly of Zhang, as part of an obvious combination of known prior art structures, in this case the use of an electricity connection to achieve predictable results, in this case, to provide a rotating magnetic field. See KSR; MPEP 2141 III A.
Thus modified, one of ordinary skill in the art would surely recognize that the pump would be further comprising an electricity connection to further provide electricity to the stator, as instantly claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LILYA PEKARSKAYA whose telephone number is (571)272-1158. The examiner can normally be reached on Monday to Friday, 9:00-5:00 EST.
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.
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/CHARLES G FREAY/ Primary Examiner, Art Unit 3746
/L.P/Examiner, Art Unit 3746
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