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 Objections
Claims 1-20 are objected to because of the following informalities:
Claim 1 recites “Fluid pump” in line 1 which should be changed to --A fluid pump--.
Claims 2-20 recite “Fluid pump” in line 1 which should be changed to --The fluid pump--.
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 6-8, 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the internal toothing of the external rotor" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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, 4-14, 17-19 is/are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 4,185,717 to Ford, Jr. et al (Ford).
Regarding claim 1, Ford discloses a fluid pump (fig. 1) comprising a housing (10, fig. 1), an internal rotor (22, fig. 1) located in the housing, and an external rotor (20, fig. 1) which surrounds the internal rotor (fig. 1), which is rotatably mounted in the housing and, together with the internal rotor, forms an internal gear ring pump, wherein the external rotor is provided with a toothing (24, fig. 1) with which a drive pinion (teeth of gear 14, fig. 1) meshes.
Regarding claim 4, Ford discloses a fluid pump (10) according to claims 1, wherein a first housing wall (where inlet 34 and outlet 36 are located), which adjoins the internal rotor, has a main inlet opening (34, fig. 1) and a main outlet opening (36, fig. 1).
Regarding claim 5, Ford discloses a fluid pump (10) according to claim 4, wherein the first housing wall has a bearing journal (28, figs. 1-2) for the radial mounting of the internal rotor.
Regarding claim 6, Ford discloses a fluid pump (10) according to claim 1, wherein a second housing wall (wall of 10 where inlet 34 and outlet 36 are located, fig. 2), which adjoins the internal toothing of the external rotor, of the housing has an additional inlet opening and an additional outlet opening, which at least partially overlap with the drive pinion (from side angle it overlaps, figs. 1-2).
Regarding claim 7, Ford discloses a fluid pump (10) according to claim 6, wherein, between the internal rotor and the internal toothing of the external rotor, there is an axial wall in the external rotor (fig. 1).
Regarding claims 8 and 17, Ford discloses a fluid pump (10) according to claims 6 and 7, respectively, wherein a second housing wall (wall of 10 where inlet 34 and outlet 36 are located, fig. 2), which adjoins the internal toothing, of the housing has a sickle- shaped elevation (fig. 1)) between the internal toothing of the external rotor and the drive pinion.
Regarding claim 9, Ford discloses a fluid pump (10) according to claim 1, wherein the toothing of the external rotor is an external toothing (fig. 1).
Regarding claim 10, Ford discloses a fluid pump (10) according to claim 9, wherein a drive shaft (12, fig. 1) extends through the housing and the internal rotor is floatingly mounted on the drive shaft (fig. 1).
Regarding claims 11, and 18, Ford discloses a fluid pump (10) according to claims 9, and 10, respectively, wherein the drive pinion (14, fig. 1) is part of an at least two-stage gear mechanism (12, 14, fig. 1).
Regarding claim 12, Ford discloses a fluid pump (10) according to claim 11, wherein the drive pinion has a first toothing (outer toothing meshed with 20, fig. 1)) and a second toothing (inner toothing meshed with 12, fig. 1) axially offset from the first toothing, wherein the first toothing and the second toothing have different numbers of teeth (fig. 1; outer toothing will have more teeth by virtue of its bigger circumference).
Regarding claim 13, Ford discloses a fluid pump (10) according to claim 12, wherein the second toothing of the drive pinion extends into the housing (fig. 1).
Regarding claims 14 and 19, Ford discloses a fluid pump (10) according to claims 9 and 10, respectively, wherein moulded on the drive pinion is a bearing journal (bearing of shaft 12, fig. 1), which is radially mounted in the housing.
(Note: moulding journal bearing on drive pinion is a product by process limitation. As such, this is a product by process claim. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Allowable Subject Matter
Claims 2-3, 15-16, 20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11,624,365 to Pippes et al.
US 10,060,430 to Ishii et al.
US 9,309,885 to Blechschmidt
US 2021/0095663 to Yoshimura et al.
US 2020/0277953 to Terada
All references above describe general state of art.
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/DAPINDER SINGH/Primary Examiner, Art Unit 3746