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 .
Response to Arguments
Applicant's arguments filed October 9th, 2025 have been fully considered but they are not persuasive.
With respect to claim 1, the claim has been amended to include limitations of claim 2 and 3, and Applicant argues Graichen fails to disclose “an inner diameter of the through hole is larger than an outer diameter of the fixed shaft” and “an entirety of the fixed shaft overlaps the through hole when viewed in the axial direction.” These arguments are not persuasive. With respect to the inner diameter of the through hole is larger than an outer diameter of the fixed shaft, it can be seen in Figure 3 that the outer diameter of the fixed shaft at portion “63” that it is smaller than the diameter of the through hole. The claim does not sufficiently delimit the “fixed shaft” such that a broad reading of this portion of the fixed shaft and through hole do not read on the limitations. With respect to the overlap when viewed through the axial direction, Graichen discloses this overlap for the same reason it disclosed the through hole diameter being larger than the fixed shaft diameter portion. If one were to take the Figure 3 of Graichen and then flip it such that the axial direction is viewable (an overhead shot of the shaft/rotor/impeller), the fixed shaft is such that an entirety of the fixed shaft “overlaps” the through hole.
Applicant argues Graichen in combination with Werson fails to teach the recess provided in the fixed shaft as claimed. This argument is not persuasive. The claims state “the recess is exposed to the second suction port” and provided “the recess is recessed from an end surface on one side of the fixed shaft in the axial direction toward the other side in the axial direction”. This argument is not persuasive. The claims recite that the recess is “exposed” to the second suction port. In this instance, because the fluid is able to flow from the second suction port through to the recess provided in the fixed shaft, they are considered to be “exposed”. Additionally, on the opposite end of the fixed shaft there is an unlabeled “recess” on the end of the shaft (Figures 6-7).
Despite these arguments, the Examiner has provided new art-based rejections that better capture the newly amended invention and its concepts. Additionally, because of the amendments to independent claims, new 35 U.S.C. 112 rejections are introduced.
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.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2, 4, and 6 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 2 recites the limitation “at least a part of the fixed shaft overlaps the through hole when viewed in the axial direction”. However, claim 1 was amended to include the limitation “an entirety of the fixed shaft overlaps the through hole when viewed in the axial direction”. Claim 2 is then broadening the limitations already recited in claim 1. If the entirety of the fixed shaft is overlapping, then necessarily “a part” of the fixed shaft would be overlapping. Claims 4 and 6 are rejected by virtue of their dependence.
Claims 2, 4, and 6 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 recites the limitation “at least a part of the fixed shaft overlaps the through hole when viewed in the axial direction”. However, claim 1 was amended to include the limitation “an entirety of the fixed shaft overlaps the through hole when viewed in the axial direction”. It’s therefore unclear how claim 2 is further limiting of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. recites the limitation “at least a part of the fixed shaft overlaps the through hole when viewed in the axial direction”. However, claim 1 was amended to include the limitation “an entirety of the fixed shaft overlaps the through hole when viewed in the axial direction”. Claims 4 and 6 are rejected by virtue of their dependence.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, 6, 8, 10, and 12-16 are rejected under 35 U.S.C. 102(a)(1) or 35 U.S.C. 102(a)(2) as being anticipated by Jang (US 10859090).
Regarding claims 1-2 and 8, Jang discloses a pump comprising: a rotor (50) that is rotatable about a central axis; a stator (60) that radially faces the rotor with a gap interposed therebetween (Figures 2-3); an impeller (40) that is connected to one side of the rotor in an axial direction (Figure 2); a housing (20) that includes a rotor accommodating portion that accommodates the rotor therein (Figures 2-3, implicit housing accommodates the rotor therein); and a fixed shaft (30) that extends in the axial direction and rotatably supports the rotor, the fixed shaft being fixed to the housing (through 21), wherein the housing includes: a rotor supporting portion (80) that supports the rotor from one side in the axial direction; an impeller accommodating portion that accommodates the impeller therein and has an interior connected to an interior of the rotor accommodating portion (Figures 2-3, upper housing 10 forming an inlet and outlet, impeller area connected to the rotor area); and a first suction port (11) that is open to the interior of the impeller accommodating portion, the impeller includes a second suction port that is open to one side in the axial direction (impeller area 41), and a part of the fixed shaft is exposed to the second suction port (Figures 2-3), the rotor supporting portion has a through hole penetrating through the rotor supporting portion in the axial direction (81’), an inner diameter of the through hole is larger than an outer diameter of the fixed shaft (Figures 2-3), and an entirety of the fixed shaft overlaps the through hole when viewed in the axial direction (Figures 2-3). The second suction port is disposed on the other side of the first suction port in the axial direction (11 is upstream of the second suction port).
Regarding claims 4 and 6, Jang discloses the pump according to claim 2 above. Jang further discloses an end portion on one side of the fixed shaft in the axial direction is positioned in the through hole (see Figures 2-3, axial end of shaft is fixed within the hole 81’, and the rotor supporting portion includes: a support body portion that supports the rotor (portion 81 is a support body portion which supports the rotor); and a plurality of leg portions (82( that connect the support body portion and an inner surface of the impeller accommodating portion, and the through hole is provided in the support body portion (Figures 2-3).
Regarding claim 10, Jang discloses a pump comprising: a rotor (50) that is rotatable about a central axis; a stator (60) that radially faces the rotor with a gap interposed therebetween (Figures 2-3); an impeller (40) that is connected to one side of the rotor in an axial direction (Figure 2); a housing (20) that includes a rotor accommodating portion that accommodates the rotor therein (Figures 2-3, implicit housing accommodates the rotor therein); and a fixed shaft (30) that extends in the axial direction and rotatably supports the rotor, the fixed shaft being fixed to the housing (through 21), wherein the housing includes: a rotor supporting portion (80) that supports the rotor from one side in the axial direction; an impeller accommodating portion that accommodates the impeller therein and has an interior connected to an interior of the rotor accommodating portion (Figures 2-3, upper housing 10 forming an inlet and outlet, impeller area connected to the rotor area); and a first suction port (11) that is open to the interior of the impeller accommodating portion, the impeller includes a second suction port that is open to one side in the axial direction (impeller area 41), and a part of the fixed shaft is exposed to the second suction port (Figures 2-3), the rotor supporting portion has a through hole penetrating through the rotor supporting portion in the axial direction (81’), an inner diameter of the through hole is larger than an outer diameter of the fixed shaft (Figures 2-3), and an entirety of the fixed shaft overlaps the through hole when viewed in the axial direction (Figures 2-3). The second suction port is disposed on the other side of the first suction port in the axial direction (11 is upstream of the second suction port). Additionally, Jang teaches the fixed shaft has a “recess” provided at a portion of the fixed shaft that is exposed to the second suction port, and the recess is recessed from an end surface on one side of the fixed shaft in the axal direction toward the other side in the axial direction (see the fixed shaft portion positioned in the through hole 81’, the shaft includes a “recess” in the sense that the shaft has less material than the full cylindrical shape, and it extends in the axial direction).
PNG
media_image1.png
422
454
media_image1.png
Greyscale
Regarding claim 12, Jang discloses a pump comprising: a rotor (50) that is rotatable about a central axis; a stator (60) that radially faces the rotor with a gap interposed therebetween (Figures 2-3); an impeller (40) that is connected to one side of the rotor in an axial direction; a housing (10, 20) that includes a rotor accommodating portion that accommodates the rotor therein (see Figures 2-3, rotor accommodated within housing); and a fixed shaft (30) that extends in the axial direction and rotatably supports the rotor, the fixed shaft being fixed to the housing (fixed into position by 21), wherein the housing includes: a rotor supporting portion (80) that supports the rotor from one side in the axial direction; an impeller accommodating portion that accommodates the impeller therein and has an interior connected to an interior of the rotor accommodating portion (see Figures 2-3); and a first suction port (11) that is open to the interior of the impeller accommodating portion, the impeller includes a second suction port (41) that is open to one side in the axial direction, and a part of the fixed shaft is exposed to the second suction port (fixed shaft exposed to the fluid through the hole ’81).
Regarding claims 13-16, Jang discloses the pump according to claim 12 above. Jang further discloses the rotor supporting portion has a through hole (81’) penetrating through the rotor supporting portion in the axial direction, wherein at least a part of the fixed shaft overlaps the through hole when viewed in the axial direction (Figures 2-3), an inner diameter of the through hole is larger than an outer diameter of the fixed shaft, and an entirety of the fixed shaft overlaps the through hole when viewed in the axial direction (Figures 2-3, 81’ is larger than the diameter of the fixed shaft 30, and overlaps the entirety of the fixed shaft when viewed in the axial direction), wherein the rotor supporting portion includes: a support body portion (81) that supports the rotor; and a plurality of leg portions (82) that connect the support body portion and an inner surface of the impeller accommodating portion, and the through hole is provided in the support body portion (Figure 2).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Jang (US 10859090) in view of Ogawa (US 20180128279)
Jang discloses the pump according to claim 10 above.
Jang fails to teach a washer surrounding the fixed shaft, wherein the washer is provided between the rotor supporting portion and the rotor, and is caught by the fixed shaft in a circumferential direction.
Ogawa teaches a pump with a fixed shaft (2a) and a rotor supporting portion (5e), a washer (9) provided between the rotor (Figure 1) and the rotor supporting portion. The washer is caught by the fixed shaft in a circumferential direction (Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pump of Jang such that a washer surrounding the fixed shaft, wherein the washer is provided between the rotor supporting portion and the rotor, and is caught by the fixed shaft in a circumferential direction as taught by Ogawa for the purposes of shaft retention and reducing friction between rotating and static parts.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JUSTIN D SEABE whose telephone number is (571)272-4961. The examiner can normally be reached Monday-Friday, 9:00-5:30.
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, Nathaniel Wiehe can be reached at 571-272-8648. 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.
/JUSTIN D SEABE/Primary Examiner, Art Unit 3745