DETAILED ACTION
Amendments filed 13 August 2026 have been entered. Applicant’s claim amendments have overcome the claim objections and 112(b) rejections of the previous office action.
Claims 1-16 and 18-21 are pending. Claims 6 and 21 are objected to as allowable.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“pump device” in claim 15; “pump” is a function for using suction or pressure to raise or move liquids or compress gases; and “device” is a generic term without specific structural meaning, the specification discloses the “pump device” in the publish application, par 0002, “a pump device, such as an oil pump, a water pump, or similar for a motor vehicle.”
“sealing device… wherein the sealing device provides a sealing gap between the rotor and the housing …. Wherein the sealing device separates the two channel regions from each other” in claims 6 and 21; “sealing” is a function and “device” is a generic term without specific structural meaning, the specification discloses the sealing device in published application, par 0051; the “sealing device” also fulfills the functions of “provides a sealing gap” and “separates the two channel regions from each other.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means,” “step,” or “device” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“pump device” in claim 1 (the body of the claim includes the structure of the pump, including the pump rotor, the drive rotor, and drive shaft).
“pump device” in claim 14 (the body of the claim includes the structure of the pump, including the pump rotor, the drive rotor, and drive shaft).
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claims 1-3, 5, 7-12, 14-16 and 18-20) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vollmer (DE 102009001871, citations to the NPL machine translation).
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Annotations on Vollmer fig 3
Claim 1, Vollmer discloses a pump device for a motor vehicle (fig 3, coolant pump in a motor vehicle, par 0005, 0028, 0030), comprising: a housing (12.2, par 0030), in which a fluid channel (through gap 13.4 between rotor and stator, then through shaft 13.3, par 0030) is arranged through which a cooling fluid (coolant, par 0030) to be conveyed can flow,
a drive unit (pump drive motor 13, par 0030) for driving the cooling fluid guided through the fluid channel,
an electric sensor unit (drive measurement variable sensors 25, 26 as temperature sensors, temperature sensor 22 at position 44, par 0030; the temp sensor can be drive measurement variable sensor and a coolant measurement variable sensor, by arranging the temperature sensor on the printed circuit board of the electronic module, par 0019) that comprises at least one sensor for determining at least one measured variable characterizing the cooling fluid (temperature of coolant, par 0019, 0022, 0030), wherein the at least one sensor of the sensor unit is a temperature sensor (25, 26 as temperature sensors, temperature sensor 22 at position 44, par 0019, 0030) that is arranged outside the fluid channel (the temperature sensor can be arranged in the electronic module without direct contact with the coolant … and measure coolant via the heat permeability of the housing walls par 0019; fig 3, 25 and 26 are in the electronics module 12 outside the housing wall 16.1;)
and is coupled in a heat-conducting manner to a fluid channel wall of the fluid channel (temperature sensor may be arranged without direct contact with the coolant and measure coolant temperature via the heat through the housing walls, par 0019), the fluid channel wall enclosing a space within the fluid channel that can be flowed through by the cooling fluid in an area of the at least one sensor (motor space is enclosed by housing 16.1, 12, 16.2, and cooling flows through the pump drive 13, par 0030),wherein the drive unit comprises a rotatable drive shaft (shaft 13.3, par 0030) with a pump rotor (impeller 15) for conveying the cooling fluid in the fluid channel and an electric machine (drive 13) with a stator (stator 13.2) and a rotor (rotor 13.1) for driving the drive shaft with the pump rotor (par 0030), wherein the fluid channel has two channel regions (13.3 and 13.4) arranged one after the other along a flow path of the cooling fluid (fig 3 shows 13.4 leading to 13.3 along a flow path labelled with 54), the two channel regions including a first channel region (13.4 between rotor and stator) structured and arranged to guide cooling fluid in a direction towards the sensor unit (fig 3 shows flow arrows 51 flowing toward sensor 25, 26) and a second channel region (13.3 within shaft) structured and arranged to receive the cooling fluid from the first channel region and guide the cooling fluid in a direction away from the sensor unit (fig 3 shows flow arrows 51 moving fluid away from sensors 25, 26), and wherein one of the two channel regions extends between the rotor and the stator of the electric machine (13.4 is between rotor 13.1 and stator 13.2, par 0030), and another one of the two channel regions extends through the rotor of the electric machine (fig 3 shows the drive rotor 13.1 is mounted to the shaft with the hollow channel 13.3; par 0030, reasonably all fluid going through the shaft 13.3 will also go through the rotor 13.1 ).
Claim 2, Vollmer discloses the pump device according to claim 1, wherein: the drive unit (13) further comprises a control/regulating device for controlling the electric machine (electronics module 12 with control and regulation unit 30, par 0030), wherein the control/regulating device has an electric printed circuit board (printed circuit board, par 0003) on which at least one electric/electronic component is arranged (par 0022), and the sensor unit is electrically connected to the circuit board (temperature sensor is arranged on the printed circuit board, par 0019).
Claim 3, Vollmer discloses the pump device according to claim 2, wherein the sensor unit is arranged on the printed circuit board (temperature sensor is arranged on the printed circuit board, par 0019; fig 3 shows drive measurement variable sensors 25, 26 as temperature sensors, temperature sensor 22 at position 44, may be arranged in the electronic module 12, par 0030).
Claim 5, Vollmer discloses the pump device according to claim 1, wherein the rotor of the electric machine (13.1) has an axial passage extending to the pump rotor (13.3 passes through the shaft along the axis of rotor 13.1 toward pump rotor impeller 15, par 0030), and wherein the second channel region runs through the axial passage of the rotor to the pump rotor (13.3 is the coolant channel, par 0030).
Claim 7, Vollmer discloses the pump device according to claim 2, wherein a further temperature sensor for detecting a printed circuit board temperature is arranged on the printed circuit board (the second of the two drive variable sensors 25 and 26 can be a temperature sensor, temperature sensor 22 at position 44, par 0030, 0019; at least two coolant measurement variable sensors for determining at least two process measurement variables of the coolant in order to obtain a conclusion about coolant properties, par 0008), wherein the sensor unit and the further temperature sensor are spaced apart (fig 3 shows 25, 26, and 44 separated) and interact such that, when the measured variable characterizing the cooling fluid is determined, an influence of self-heating of the printed circuit board on the measured variable can be taken into account by comparison with the printed circuit board temperature detected by the further temperature sensor (the temperature sensor determines the printed circuit board temperature and the coolant temperature, par 0022; “can be taken into account” is interpreted as a capability of fulfilling the function, applicant does not claim any particular steps taken to accomplish the function, MPEP 2114, 2173.05(g), since both temperature values are determined by the same measurement system by the same measurements, the controller is inherently making some determination which differentiates two temperature sensor readings to determine the PCB temperature from the coolant temperature, even though Vollmer does not explicitly disclose those exact steps; under a BRI that differentiation meets the limitation “taken into account by comparison,” as “comparison” is a broad term and applicant has not claimed the steps which accomplish the comparison; MPEP 2114(IV) states that functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function, in this case Vollmer discloses the two temperature sensors and a controller capable of determining both PCB and coolant temperature from those sensor readings, which is the structure capable of accomplishing the claimed function).
Claim 8, Vollmer discloses the pump device according to claim 2, wherein: the control/regulating device comprises an electrical power supply for supplying the electrical machine with electrical energy (control and regulating unit 30 regulates the power of the coolant pump 10, par 0028), and the sensor unit for supplying the at least one sensor with electrical energy is electrically connected to the electrical power supply (all coolant measurement sensors are connected to the control and regulation unit 30, par 0028; sensors 25 and 26, and 22 at 44 are arranged on the electronic module 12 with the control and regulation unit 30, par 0030).
Claim 9, Vollmer discloses the pump device according to claim 2, wherein: the control/regulating device comprises a communication unit (control unit forwards the variables to the control and regulation unit, par 0012, the transfer of signal indicates a communication unit is inherent) for communicating with an external field bus (local interconnect network, LIN or controller area network, CAN, par 0012, this aligns with applicant’s disclosure of the LIN or CAN bus in the published application, par 0042), and the sensor unit for controlling the at least one sensor is connected to the communication unit in an electrically and/or data-transmitting manner (measured process information is transmit by the controller via the bus network, par 0012).
Claim 10, Vollmer discloses the pump device according to claim 1, wherein the sensor unit comprises at least two (Vollmer discloses the temperature and pressure sensor, which meet the “at least two” limitation, and is silent on a mass flow sensor, but it is not needed to meet the claim limitation) of the following sensors: a pressure sensor for detecting the fluid pressure of the cooling fluid guided through the fluid channel (pressure sensor of coolant can be measured by 21, par 0030, FIRST OF THREE ALTERNATIVES), a temperature sensor for determining the fluid temperature of the cooling fluid conducted through the fluid channel (25 and 26 as temperature sensors, temperature sensor 22 at position 44, par 0030; SECOND OF THREE ALTERNATIVES) and/or a mass flow sensor for determining the mass flow of cooling fluid through the fluid channel (THE THIRD OF THREE ALTERNATIVES, “the at least two” limitation is met by anticipating the first and second alternatives, see above).
Claim 11, Vollmer discloses the pump device according to claim 1, wherein the sensor unit comprises a sensor housing (device 11 with module 12, depicted with a housing in fig 3, par 0030), in or on which the at least one sensor is arranged (25 and 26 in device 11, temperature sensor 22 at position 44, par 0030), at least the at least one sensor and the sensor housing are structured as a unit (structured as a electronic module 12, par 0030).
Claim 12, Vollmer discloses the pump device according to claim 1, wherein the drive shaft is a hollow-cylindrical hollow shaft which surrounds a cylindrical cavity that forms part of the fluid channel (hollow shaft 13.3 par 0030).
Claim 14, Vollmer discloses a motor vehicle, comprising: a cooling device with a cooling circuit for circulating cooling fluid (cooling system 1 of a motor vehicle, fig 1–2, par 0017, which includes a fuel cell stack 2, a coolant pump 10, a cooler 4, and associated coolant lines forming a cooling circuit for circulating coolant), a pump device arranged in the cooling circuit for pumping the cooling fluid in the cooling circuit (coolant pump 10 arranged in cooling system 1 for conveying the coolant, fig 2, par 0017, 0028; the coolant pump is positioned upstream of the fuel cell stack 2 in the flow direction, par 0028, and serves to pump the coolant through the cooling circuit), the pump device including: a housing (pump housing 16, walls 16.1 and 16.2, par 0030), in which a fluid channel is arranged through which a cooling fluid to be conveyed can flow (through gap 13.4 between rotor and stator, then through shaft 13.3, par 0030), a drive unit for driving the cooling fluid guided through the fluid channel (pump drive 13, par 0030), an electric sensor unit that comprises at least one sensor for determining at least one measured variable characterizing the cooling fluid (drive measurement variable sensors 25, 26 as temperature sensors, temperature sensor 22 at position 44, par 0030; temperature sensor can serve as both drive measurement variable sensor and coolant measurement variable sensor by arrangement on the printed circuit board of the electronic module, par 0019; coolant measurement variable sensors 20, 21, 22 including temperature sensor 22, par 0029–0030), wherein the at least one sensor of the sensor unit is a temperature sensor that is arranged outside the fluid channel and is coupled in a heat-conducting manner to a fluid channel wall of the fluid channel (the temperature sensor can be arranged in the electronic module without direct contact with the coolant due to the thermal conductivity of the coolant pump and electronic module housing, par 0019; fig 3, sensors 25 and 26 and 22 at 44 are in the electronics module 12 outside the housing wall 16.1; the temperature sensor measures coolant temperature via the heat permeability of the housing walls, par 0019), the fluid channel wall enclosing a space within the fluid channel that can be flowed through by the cooling fluid in an area of the at least one sensor (motor space is enclosed by housing 16.1, 12, 16.2, and cooling flows through the pump drive 13, par 0030), wherein the drive unit comprises a rotatable drive shaft with a pump rotor for conveying the cooling fluid in the fluid channel and an electric machine with a stator and a rotor for driving the drive shaft with the pump rotor (shaft 13.3, par 0030; impeller 15, par 0030; drive 13 with stator 13.2 and rotor 13.1, par 0030), wherein the fluid channel has two channel regions arranged one after the other along a flow path of the cooling fluid (fig 3 shows gap 13.4 leading to shaft 13.3 along a flow path labelled with 51), the two channel regions including a first channel region structured and arranged to guide cooling fluid in a direction towards the sensor unit (gap 13.4 between rotor and stator, fig 3 shows flow arrows 51 flowing toward sensor 25, 26, and 22 at 44) and a second channel region structured and arranged to receive the cooling fluid from the first channel region and guide the cooling fluid in a direction away from the sensor unit (shaft 13.3 within the shaft, fig 3 shows flow arrows 51 moving fluid away from sensors 25, 26 and 22 at 44), and wherein one of the two channel regions extends between the rotor and the stator of the electric machine (gap 13.4 is between rotor 13.1 and stator 13.2, par 0030), and another one of the two channel regions extends through the rotor of the electric machine (fig 3 shows the drive rotor 13.1 is mounted to the shaft 13.3 with the hollow channel 13.3; par 0030; under a broad reasonable interpretation, the drive shaft 13.3 on which the rotor 13.1 is permanently mounted forms an integrated rotating assembly, and the hollow channel 13.3 extends through the center of this rotor assembly), and a drive train with components that generate waste heat, the components of the drive train are thermally coupled to the cooling circuit for the transfer of generated waste heat to the cooling fluid circulating in the cooling circuit (the fuel cell stack 2 generates reaction heat, par 0028; the cooling system 1 is used to cool the fuel cell stack 2, fig 1–2, par 0028; the reaction heat of the fuel cell stack 2 is transferred to the cooling system via the coolant, par 0028; the fuel cell is a waste heat-generating component of the drive train that is thermally coupled to the cooling circuit; under a broad reasonable interpretation, a motor vehicle cooling system for a fuel cell inherently includes the fuel cell as a waste heat-generating component of the vehicle's drive train that is thermally managed by the cooling circuit).
Claim 15, Vollmer discloses a method for determining a measured variable that characterizes a cooling fluid in a pump device, the method comprising: guiding the cooling fluid in a first channel region of a fluid channel towards a sensor unit, the first channel region extending between a rotor and a stator of an electric machine (the coolant is first conducted through a gap 13.4 between a laminated rotor core 13.1 and a laminated stator core 13.2 of the pump drive 13, par 0030; the gap 13.4 serves as the first channel region and is located between the rotor and stator; the coolant flows through this gap toward the sensor unit, as the potential location 42 for coolant measurement variable sensors is situated at the entry of the coolant into the gap 13.4, par 0030; fig 3 shows flow arrows 51 directing coolant through gap 13.4 toward sensor locations), transferring heat of the cooling fluid directed towards the sensor unit to the sensor unit by flowing into the fluid channel and via heat-conducting coupling of the fluid channel and sensor unit (the temperature sensor can be arranged in the electronic module without direct contact with the coolant due to the thermal conductivity of the coolant pump and electronic module housing, par 0019; the heat permeability of the housing walls allows the temperature sensor to measure coolant temperature, par 0019; the coolant flowing through the fluid channel transfers heat to the housing walls, which in turn transfer heat to the temperature sensor via heat-conducting coupling), detecting, via a sensor of the sensor unit, the heat transferred to the sensor unit (the temperature sensor determines the coolant temperature, par 0022; the coolant measurement variable sensors 20, 21, 22 including the temperature sensor determine the process measured variables of the coolant, par 0008; the sensor detects the heat transferred to it via the heat-conducting coupling from the coolant flowing through the fluid channel), and directing the cooling fluid received from the first channel region away from the sensor unit and into a second channel region of the fluid channel, the second channel region extending through the rotor of the electric machine (the coolant then flows in a shaft 13.3 of the pump drive 13 back into the inlet region 17, par 0030; the shaft 13.3 serves as the second channel region and receives coolant from the first channel region (gap 13.4); the coolant is directed away from the sensor unit through the second channel region; under a broad reasonable interpretation, the drive shaft 13.3 on which the rotor 13.1 is mounted forms an integrated rotating assembly, and the shaft channel 13.3 extends through the center of this rotor assembly).
For claim 16, Vollmer discloses an alternative embodiment where “the electronic module 12 can be arranged on the housing wall 16.2 of the pump housing 16 opposite the inlet region 17” par 0030.
Claim 16, Vollmer discloses the method according to claim 15, where directing the cooling fluid away from the sensor unit includes diverting the cooling fluid along a flow path (fig 3 shows the flow path 52 diverted by wall 16.2) of the cooling fluid at a level of the sensor of the sensor unit from the first channel region of the fluid channel to enter the second channel region of the fluid channel (the electronic module 12 with sensors 25, 26 and 22 at 44 attached to housing wall 16.2 places the sensors 25, 26 on the wall causing the 90 degree deflections; placing the sensors 25, 26, 22 at 44 on the wall 16.2 places them in proximity to the diversion, this meets the limitation “at the level of the sensor” explained in applicant’s published application, par 0024, and also applicant’s published application par 0036 which places the printed circuit board with the sensor at the deflection), and
wherein the fluid channel wall diverts the cooling fluid along the flow path by at least 30 [degrees] and less than 160 [degrees] with respect to a respective alignment of the flow path directly before and after the deflection (fig 3 shows several 90 degree deflections from the outer radius of the drive motor directed alternately inward toward 13.3 and axially toward the end 16.2; this 90 degrees is between 30 degrees and 160 degrees).
Claim 18, Vollmer discloses the pump device according to claim 1, wherein the temperature sensor is coupled in the heat-conducting manner to a fluid channel wall of the fluid channel (temperature sensor is not in direct contact with the channel and measures via heat transfer via the housing walls, par 0019).
Claim 19, Vollmer discloses the pump device according to claim 2, wherein the temperature sensor is coupled to the fluid channel in a heat-conducting manner via the printed circuit board (temperature sensor gets measurement through the housing walls and at the same time the temperature sensor is arranged on the printed circuit board par 0019).
For claim 20, Vollmer discloses an alternative embodiment where “the electronic module 12 can be arranged on the housing wall 16.2 of the pump housing 16 opposite the inlet region 17” par 0030.
Claim 20, Vollmer discloses the pump device according to claim 1, wherein the fluid channel is structured and arranged to divert, via a fluid channel wall (wall 16.2) of the fluid channel (fig 3 shows the fluid path from 13.4 diverting at several 90 degree angles along housing 16.2 before redirection into hollow shaft 13.3), the cooling fluid along the flow path at a level of the at least one sensor from the first channel region to enter the second channel region (the electronic module 12 with sensors 25, 26, 22 at 44 attached to housing wall 16.2 places the sensors 25, 26, 22/44 on the wall causing the 90 degree deflections; placing the sensors 25, 26, 22/44 on the wall 16.2 places them in proximity to the diversion, this meets the limitation “at the level of the sensor” explained in applicant’s published application par 0024, and also applicant’s published application par 0036 which places the printed circuit board with the sensor at the deflection), and wherein the fluid channel wall diverts the cooling fluid along the flow path by at least 30 [degrees] and less than 160 [degrees] with respect to a respective alignment of the flow path directly before and after the deflection (fig 3 shows several 90 degree deflections from the outer radius of the drive motor directed alternately inward toward 13.3 and axially toward the end 16.2; this 90 degrees is between 30 degrees and 160 degrees).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Vollmer in view of White (US 3138105).
Claim 4, Vollmer discloses the pump device according to claim 2. Vollmer is silent on the pump device has a containment shell that separates in a fluid-tight manner a dry region where the stator of the electric machine is arranged, from a wet region where the rotor of the electric machine is arranged and the fluid channel extends.
Nevertheless, Vollmer discloses that their pump is a hermetic canned pump (The translation from USPTO SEARCH uses the term Canned pump; the translation from Espacenet uses the term split-tube pump). A hermetic canned pump is known in the art as a pump with a dry stator region and a wet region of the rotor. The term canned motor would suggest to a person of ordinary skill in the art, the details of a conventional canned motor to enable the conventional details of the pump.
White teaches a conventional canned motor water pump with an isolator sleeve (30, c 2 ln 50-60) which separates the motor stator from the motor rotor for protection of the motor stator windings from the fluid being pumped (c 1 ln 40-45, c 3 ln 15-20) and allowing the fluid being pumped to cool the motor and lubrication the motor bearings (c 1 ln 55-60)
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the canned motor of Vollmer by adding the isolator sleeve (30) of White between the rotor and the stator in order to protect the stator from the pumped fluid, thereby enabling cooling fluid to into the motor to cool the motor without risking damage to the stator, where the sleeve is a conventional arrangement in canned motor of Vollmer’s type.
As a result the combination meets the limitation the pump device has a containment shell (White sleeve 30 combined with Vollmer’s motor) that separates in a fluid-tight manner a dry region where the stator of the electric machine is arranged (Vollmer’s stator protected by the pumped fluid by the sleeve taught by White), from a wet region where the rotor of the electric machine is arranged and the fluid channel extends (Vollmer’s directs cooling fluid into rotor section, with flow path 51; White also uses the pumped fluid for rotor cooling).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Vollmer.
Claim 13, Vollmer discloses a water pump comprising the pump device according to claim 1, wherein the housing is at least two-part with a main housing body (16.1, par 0030), in which the drive unit is arranged (13 is in 16.1), and at least one housing cover (electronics module 12), the sensor under the at least one housing cover (44, 25 and 26 are within 12, par 0030), …the sensor unit is connected to the at least one housing cover (44, 25 and 26 are within 12, par 0030).
Vollmer is silent on the sensor detachably fastened to the housing main body.
Nevertheless, Vollmer discloses that electronics module (12) is alternately mounted at either the side wall of the motor (16.1) or arranged at the housing wall (16.2) opposite the inlet region (17, par 0030). This suggests it would be desirable to alternately change the position of electronics model (12) to either position.
The rule is that if it were considered desirable for any reason to make an object removable, it would be obvious to make it removable (MPEP 2144.04(V), In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)). In this case, it would be desirable to be able to move the electronics module (12) to either position (16.1 or 16.2), which would require that the module (12) be detachable from either position. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to make the electronics module with the sensor detachable fastened to the housing main body of the motor housing so that the electronics module could be alternately placed in either position.
Allowable Subject Matter
Claims 6 and 21 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 nearest prior art is Vollmer.
It is noted by the examiner, and stated here for the record of prosecution, that the aspect of the instant invention determined to be novel and patentably distinct from the prior art is
Claims 6 and 21 recite “a sealing device that is arranged axially between the pump rotor and the rotor for sealingly connecting the rotor and the housing, wherein the sealing device provides a sealing gap between the rotor and the housing, which is formed between a first sealing part connected to the rotor and a second sealing part connected to the housing, and wherein the sealing device separates the two channel regions from each other.”
The term ‘sealing device’ invokes 35 U.S.C. § 112(f), this limitation is interpreted to cover the corresponding structure described in Applicant’s specification (labyrinth seal with first/second sealing parts rigidly connected to rotor and housing) and equivalents thereof.
While Vollmer discloses a bearing block structure and a drive shaft with a hollow fluid channel which performs the “separates the two channel regions from each other,” it does not disclose or suggest the specific labyrinth seal structure with the labyrinth sealing gap claimed by Applicant. The structural differences preclude finding equivalence under § 112(f).
These limitations, in combination with the “sealing gap 22” limit the invention to the embodiment of figure 2, which is the only embodiment which includes both the sealing device (21) and the sealing gap (22). This embodiment of applicant’s figure 2 (See applicant’s published application, par 0051) uses a solid drive shaft (7) instead of the hollow shaft of the first embodiment, such that the labyrinth seal provides the channel separation that would have otherwise been done by the hollow drive shaft. The sealing gap (22) is unique to the labyrinth seal and allows negligible cooling fluid to penetrate (See applicant’s published application, par 0051). These limitations make the claim read over the prior art. There is no motivation to modify Vollmer to install the labyrinth seal because the labyrinth seal is used with a solid drive shaft, since Vollmer uses a hollow drive shaft it does not have the cooling channel structure which necessitates a labyrinth seal. The sum of these limitations is not disclosed by the prior art and it would not be obvious to combine references in an effort to meet all of the claimed elements.
Response to Arguments
Applicant’s arguments with respect to claims 1-16 and 18-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/GEOFFREY S LEE/Examiner, Art Unit 3746
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