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 .
Drawings
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:
Details of claim 4 (e.g. Fig 12)
It is noted that as understood claim 4 is directed to the structure shown in Fig 12, however claim 4 requires in part “a length of a first wall portion … is shorter than a length of a second wall portion”.
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because in Fig 12 reference characters "P1", "P2", and "7e" have each been used to designate the same point in Fig 12
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
Claims 1-13 are objected to because of the following informalities:
Claim 1 Line 6 currently states:
“liquid to flow to and from the liquid delivery chamber in top-down view of the liquid”.
Should be changed to state:
--liquid to flow to and from the liquid delivery chamber in a top-down view of the liquid--.
Claim 2 Line 4 currently states:
“one positional relationship of line symmetry, asymmetry, and point symmetry with respect”.
Should be changed to state:
--one positional relationship of: line symmetry, asymmetry, and point symmetry with respect--.
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.
Claims 1-13 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.
Regarding Claim 1: Line 17-21 states:
“a support portion configured by an outer periphery of the support shaft and an inner circle of the annular portion has a gap for the annular portion to be rotatable, and
the drive motor is arranged so that the impeller rotates with the gap being biased in a contact range between the outer periphery of the support shaft and the inner circle of the annular portion.”.
It is unclear the exact limitations the applicant is introducing here, specifically it is unclear what exactly the contact range limitation is describing. Is applicant claiming that the elements of the outer periphery of the support shaft and the inner circle of the annular portion contact each other in the contact range OR is applicant just using the structure of the outer periphery of the support shaft and the inner circle of the annular portion to define a range, and naming the range a contact range? Additionally, ¶0097, ¶0117, ¶0124, and ¶0202 in the SPEC merely repeat the language of the claim without providing any more context for what the contact range being claimed is. For the purpose of examination, the language in Line 19-21 (e.g. the last clause of claim 1) will be understood to be directed to the gap being biased towards a region (i.e. the claimed contact range) defined between the outer periphery of the support shaft and the inner circle of the annular portion.
Regarding Claim 4: Line 3-23 states in part:
“the liquid delivery chamber is circular in the top-down view,
a length of a first wall portion, which is formed by a first connection portion
connected to the first flow path, a second connection portion connected to the second flow path, and a circular inner peripheral surface between the first connection portion and the second connection portion in the top-down view of the liquid delivery chamber is shorter than a length of a second wall portion, which is formed by a third connection portion connected to the first flow path, a fourth connection portion connected to the second flow path, and a circular inner peripheral surface between the third connection portion and the fourth connection portion,
the first flow path and the second flow path are formed on the same straight
line via the liquid delivery chamber,
in a concentric circle centered on a center point of the support shaft, the liquid
delivery chamber includes the first flow path at a position corresponding to a first quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor is arranged so that a rotation center of the impeller is located
in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line”.
To summarize, claim 4 appears to be directed to what is shown in Fig 12 of the instant application, but because the first wall portion 7e, the first connection portion P1, and the second connection portion P2 are each identified as being the same point in Fig 12 – it follows that there is no first wall portion between point P1 and point P2 – as P1 and P2 are the same point in Fig 12. Thus there is no first wall portion 7e in Fig 12. Therefore since, Figure(s) 12 do(es) not show all of the limitations recited in claim 4 (which include the first wall portion being shorter than the second wall portion). Because Applicant does not appear to disclose any structure that is consistent with the particular language recited in the claim, there is a conflict between the claimed subject matter and the specification disclosure which renders the scope of the claims uncertain. Therefore because the specification does not support the claims at issue, the claim is indefinite when read in light of the specification. See in Re Paul G. Anderson, John A. Mcmennamy, Andrew P. Burke and Thomas A. Rak, 106 F.3d 425 (Fed. Cir. 1997) (Because appellants show no structure in their specification consistent with this claim language, [the claim] is indefinite). Also see MPEP §2173.03. For the purpose of examination the claim will be examined as best understood.
Finally; depending claim(s) inherit deficiencies from the parent claim(s). Appropriate correction is required.
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 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(s) 1-6 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2021159008 in view of Wampler US 2005/0084399. Examiners Note: For the purposes of examining the instant application, the examiners submitted English translation of JP 2021159008, submitted with this office action, is referenced hereinafter.
Regarding Claim 1: JP 2021159008 discloses the limitations: A liquid delivery device (the liquid delivery device is defined by the sum of its parts) comprising a liquid delivery section (3, Fig 5), wherein
the liquid delivery section includes:
a liquid delivery chamber 7 in which liquid flows in and out (Fig 5, Fig 8, Fig 9, Fig 10, Fig 12, Fig 13, Fig 14, Fig 16, Fig 17, and/or Fig 18);
and a linear first flow path (11, Line 6-16) and a linear second flow path (12, Line 6-16) that allow the liquid to flow to and from the liquid delivery chamber in a top-down view of the liquid delivery chamber (as seen in the top-down view of Fig 3, Fig 5, Fig 8, Fig 9, Fig 12, Fig 13, Fig 14, Fig 16, Fig 17, and/or Fig 18 -since the structure of the prior art is substantially the same as the structure of the instant application, it follows that the prior
Further, the claims do not recite any particular structure beside what is claimed and made obvious by the prior art of JP 2021159008 that would enable the liquid to flow to and from the liquid delivery chamber in a top-down view of the liquid delivery chamber - function. Thus, because the structure of JP 2021159008 makes obvious the claimed structure, it is reasonable to conclude that it will also meet the functional limitation),
an impeller (the impeller is defined by the sum of its parts and includes
rotor 20, Line 240-247) including a blade portion (22, Line 240-247) and causing the liquid in the liquid delivery chamber to flow out of the first flow path or the second flow path (the claims do not recite any particular structure beside what is claimed and made obvious by the prior art of JP 2021159008 that would cause the liquid in the liquid delivery chamber to flow out of the first flow path or the second flow path - function. Thus, because the structure of JP 2021159008 makes obvious the claimed structure, it is reasonable to conclude that it will also meet the functional limitation), the impeller being made of a material containing a magnetic material (Line 298-304); and
a drive motor (i.e. motor that rotates the rotating magnet of element 31,
Fig 2, Line 330-341) that is arranged outside the liquid delivery chamber (Figs 1-5) and rotates the impeller by a magnetic field (the impeller is fixed top the rotating magnet, thus the impeller is inherently rotated by the motor that rotates the magnet), and
the drive motor is arranged so that the impeller rotates (Line 712-715, Line
298-321). JP 2021159008 is silent regarding the limitations: a liquid delivery rotation section, the liquid delivery rotation section includes: a support shaft that is arranged to project in a center of the liquid delivery chamber; an impeller including an annular portion rotatably supported by the support shaft, and a blade portion provided in the annular portion and causing the liquid in the liquid delivery chamber to flow out, the impeller being made of a material containing a magnetic material; a support portion configured by an outer periphery of the support shaft and an inner circle of the annular portion has a gap for the annular portion to be rotatable, and the drive motor is arranged so that the impeller rotates with the gap being biased in a contact range between the outer periphery of the support shaft and the inner circle of the annular portion. The prior art of Wampler US 2005/0084399 which is directed to a motor driven impeller pump, like JP 2021159008, is noted.
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Annotated Figure 3 of Wampler US 2005/0084399 (Attached Figure A)
However, Wampler US 2005/0084399 discloses the limitations: a liquid delivery section (the liquid delivery section is defined by the sum of its parts) and a liquid delivery rotation section (the liquid delivery rotation section is defined by the sum of its parts), wherein
the liquid delivery section includes:
a liquid delivery chamber (112, ¶0026, Fig 1) in which liquid flows in
and out (¶0026);
the liquid delivery rotation section includes:
a support shaft (130,160,360, Fig 1, Fig 3) that is arranged to
project in a center of the liquid delivery chamber (as understood from Fig 1 & Fig 3 – element 130 of the support shaft is located at a center of the pumping/liquid delivery chamber 112);
an impeller (i.e. rotor 120, ¶0026, Fig 1, Fig 3) including an annular portion
(see Annotated Figure 3 of Wampler US 2005/0084399 (Attached Figure A) above) rotatably supported by the support shaft (¶0032), and a blade portion (121, ¶0026) provided in the annular portion (Attached Figure A) and causing the liquid in the liquid delivery chamber to flow out (rotation of the impeller in the pumping/liquid delivery chamber 112 would inherently cause the liquid in the liquid delivery chamber to flow out outlet 116), the impeller being made of a material containing a magnetic material (i.e. containing drive magnets 122 and/or rotor magnets 180 - ¶0028, ¶0032, ¶0045); and
a drive motor (i.e. stator 140,150 that rotates magnets 122, ¶0028-¶0029)
that is arranged outside the liquid delivery chamber (as seen in Fig 1 elements 140,150 are located outside of chamber 112 as claimed) and rotates the impeller by a magnetic field (¶0029),
a support portion (the support portion is defined by the sum of its parts) configured by an outer periphery of the support shaft and an inner circle of the annular portion has a gap (gap = see Attached Figure A, – as seen in Attached Figure A the articulated gap is located inside both the identified outer periphery of the support shaft and the identified inner circle of the annular portion) for the annular portion to be rotatable (given that the annular portion has to rotate in order for the imper to rotate and the pump to operate, the annular portion would inherently be rotatable;
additionally, the claims do not recite any particular structure beside what is claimed and made obvious by the prior art of Wampler US 2005/0084399 that would enable the function of for the annular portion to be rotatable. Thus, because the structure of Wampler US 2005/0084399 makes obvious the claimed structure, it is reasonable to conclude that it will also meet the functional limitation), and
the drive motor is arranged so that the impeller rotates (the drive motor is inherently arranged so that the impeller rotates, given the device disclosed by Wampler is an impeller pump) with the gap being biased (the gap creates a radial biasing force as disclosed in ¶0045 – thus it is understood that during operation of the pump the gap would be biased as claimed) in a contact range between the outer periphery of the support shaft and the inner circle of the annular portion (contact range – see Attached Figure A; since the magnets 180 in the impeller would want to be centered around magnets 160/360 – the impeller of Wampler would be biased in the direction shown in Attached Figure A due to the magnets 180, and this biasing would be biased in/into the initial contact range shown in Attached Figure A/Fig 3 of Wampler, and since it is understood that this same phenomenon occurs in the instant application, it is understood that the prior art of Wampler addresses the language of the claim within the same confines as the instant application).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to configure the impeller, the drive motor, and the liquid delivery chamber of JP 2021159008 so as to provide a radial biasing force to offset the pressure difference across the impeller (¶0045) by providing an impeller 120 having magnet 180 that is radially supported on a support shaft (130,160,360) where the spindle and the spindle magnet assembly do not share the same central axis as taught by Wampler US 2005/0084399, in order to compensate for the pressure difference across the impeller that is generated during operation of the pump (¶0045, ¶0009).
Regarding Claim 2: JP 2021159008 as modified by Wampler US 2005/0084399 does disclose the limitations: wherein in the top-down view (JP ‘008 – the view of Fig 3, Fig 5, Fig 8, Fig 9, Fig 12, Fig 13, Fig 14, Fig 16, Fig 17, and/or Fig 18), the first flow path and the second flow path are in any one positional relationship of: line symmetry (JP ‘008 – Fig 17, Fig 18) and point symmetry (JP ‘008 – Fig 3, Fig 5, Fig 8, Fig 9, Fig 12, Fig 13, Fig 14, and/or Fig 16) with respect to the liquid delivery chamber (JP ‘008 – 7 | Wampler - 112) with reference to the support shaft (given that the prior art of JP ‘008 shows the same kind of structural arrangement of the first flow path 11 and the second flow path 12 as seen in Fig 14A (point symmetry) and Fig 14C (line symmetry) of the instant application, it follows that the combination of prior art would have the same kind of symmetry with respect to the liquid delivery chamber and with reference to the support shaft, as the instant application, since the prior art has a similar structural arrangement as the instant application).
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Annotated Figure 5 of JP 2021159008 (Attached Figure B)
Regarding Claim 3: JP 2021159008 does disclose the limitations: wherein
the liquid delivery chamber is circular in the top-down view (as understood
from Fig 5 chamber 7 is circular as claimed),
a length of a first wall portion (see Annotated Figure 5 of JP 2021159008
(Attached Figure B) above – the first wall portion identified in Attached Figure B inherently has a length), which is formed by a first connection portion (Attached Figure B) connected to the first flow path (Attached Figure B), a second connection portion (Attached Figure B) connected to the second flow path (Attached Figure B), and a circular inner peripheral surface (7a, Attached Figure B) between the first connection portion and the second connection portion (Attached Figure B) in the top-down view of the liquid delivery chamber (Attached Figure B) and a length of a second wall portion (Attached Figure B – the second wall portion identified in Attached Figure B inherently has a length), which is formed by a third connection portion (Attached Figure B) connected to the first flow path (Attached Figure B), a fourth connection portion (Attached Figure B) connected to the second flow path (Attached Figure B), and a circular inner peripheral surface (i.e. portion of 7a which is located between the third connection portion and the fourth connection portion in Attached Figure B) between the third connection portion and the fourth connection portion (it is, as explained above),
the first flow path and the second flow path are provided so that an inflow
direction of the liquid flowing into the liquid delivery chamber (i.e. inflow direction through element 11 or element 12) and an outflow direction of the liquid flowing out of the liquid delivery chamber (i.e. outflow direction through element 12 or element 11) are aligned continuously by an arc of the first wall portion (arc of the first wall portion = curve of the first wall portion generally indicated with element 7a in Fig 5), and
the drive motor is arranged (in the combination of prior art the motor is
inherently arranged) and a second reference line (Attached Figure B) passing through a center point (Attached Figure B) and orthogonal to a first reference line (Attached Figure B) passing through the center point (Attached Figure B) and a point of the first wall portion (Attached Figure B), and a semicircular area including the first wall portion (Attached Figure B), and the impeller rotates with the gap being biased (in the combination of prior art the impeller rotates with the gap being biased given the teachings of Wampler at ¶0045).
Additionally Regarding Claim 3: JP 2021159008 as modified by Wampler US 2005/0084399 discloses the claimed limitations except for: “a length of a first wall portion is shorter than a length of a second wall portion” & “the drive motor is arranged so that an area bisected by a second reference line passing through a center point of the support shaft and orthogonal to a first reference line passing through the center point and a point bisecting a length of the first wall portion, a rotation center of the impeller is located in a semicircular area including the first wall portion”. It would have been an obvious matter of design choice to --design the pump such that the length of the first wall portion is shorter than the length of the second wall portion-- & --design the pump such that the drive motor is arranged so that an area bisected by a second reference line passing through a center point of the support shaft and orthogonal to a first reference line passing through the center point and a point bisecting a length of the first wall portion, a rotation center of the impeller is located in a semicircular area including the first wall portion--, since no stated problem is solved or unexpected results obtained in having a length of a first wall portion being shorter than a length of a second wall portion & the drive motor being arranged so that an area bisected by a second reference line passing through a center point of the support shaft and orthogonal to a first reference line passing through the center point and a point bisecting a length of the first wall portion, a rotation center of the impeller being located in a semicircular area including the first wall portion versus the design taught by JP 2021159008 as modified by Wampler US 2005/0084399. Applicant has not disclosed why it is important/critical that a length of a first wall portion is shorter than a length of a second wall portion & the drive motor is arranged so that an area bisected by a second reference line passing through a center point of the support shaft and orthogonal to a first reference line passing through the center point and a point bisecting a length of the first wall portion, a rotation center of the impeller is located in a semicircular area including the first wall portion and has not demonstrated that this feature solves any stated problem or is for any particular purpose. Specifically, ¶0165 of the SPEC indicates that the above design allows the impeller to deliver the liquid in a constant flow direction (e.g. like the impeller taught by JP 2021159008 as modified by Wampler US 2005/0084399). Thus, when the pump is designed such that the length of the first wall portion is shorter than the length of the second wall portion & the pump is designed such that the drive motor is arranged so that an area bisected by a second reference line passing through a center point of the support shaft and orthogonal to a first reference line passing through the center point and a point bisecting a length of the first wall portion, a rotation center of the impeller is located in a semicircular area including the first wall portion the impeller of JP 2021159008 as modified by Wampler US 2005/0084399 will also meet Applicant’s disclosed functional limitation of delivering the liquid in a constant flow direction.
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Annotated Figure 18 of JP 2021159008 (Attached Figure C)
Regarding Claim 4: JP 2021159008 does disclose the limitations: wherein
the liquid delivery chamber is circular in the top-down view (as understood
from Fig 5 & Fig 18 chamber 7 is circular as claimed),
a length of a first wall portion (see Annotated Figure 18 of JP 2021159008
(Attached Figure C) above; the first wall portion has a zero length), which is formed by a first connection portion (Attached Figure C) connected to the first flow path (Attached Figure C), a second connection portion (Attached Figure C) connected to the second flow path (Attached Figure C), and a circular inner peripheral surface between the first connection portion and the second connection portion (Attached Figure C – Attached Figure C shows this feature within the same confines as the instant application shows it in Fig 12) in the top-down view of the liquid delivery chamber is shorter (i.e. is zero) than a length of a second wall portion (Attached Figure C), which is formed by a third connection portion (Attached Figure C) connected to the first flow path (Attached Figure C), a fourth connection portion (Attached Figure C) connected to the second flow path (Attached Figure C), and a circular inner peripheral surface (i.e. circular inner peripheral surface generally indicated by elements 207,203 in Fig 18) between the third connection portion and the fourth connection portion (Attached Figure C),
the first flow path and the second flow path are formed on the same
straight line via the liquid delivery chamber (Attached Figure C), and
the drive motor is arranged (in the combination of prior art the motor is
inherently arranged), and the impeller rotates with the gap being biased (in the combination of prior art the impeller rotates with the gap being biased given the teachings of Wampler at ¶0045).
Additionally Regarding Claim 4: JP 2021159008 as modified by Wampler US 2005/0084399 discloses the claimed limitations except for:
“in a concentric circle centered on a center point of the support shaft, the liquid
delivery chamber includes the first flow path at a position corresponding to a first quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor is arranged so that a rotation center of the impeller is located
in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line”. It would have been an obvious matter of design choice to --design the pump such that in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position corresponding to a first quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and the drive motor is arranged so that a rotation center of the impeller is located in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line--, since no stated problem is solved or unexpected results obtained in having
in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position corresponding to a first quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor is arranged so that a rotation center of the impeller being located in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line
versus the design taught by JP 2021159008 as modified by Wampler US 2005/0084399. Applicant has not disclosed why it is important/critical that
in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position corresponding to a first quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor is arranged so that a rotation center of the impeller is located
in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line
and has not demonstrated that this feature solves any stated problem or is for any particular purpose. Specifically, ¶0157 of the SPEC indicates that the above design allows the impeller to deliver the liquid in a constant flow direction (e.g. like the impeller taught by JP 2021159008 as modified by Wampler US 2005/0084399). Thus, when the pump is designed such that in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position corresponding to a first quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and the drive motor is arranged so that a rotation center of the impeller is located in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line the impeller of JP 2021159008 as modified by Wampler US 2005/0084399 will also meet Applicant’s disclosed functional limitation of delivering the liquid in a constant flow direction.
Regarding Claim 5: JP 2021159008 does disclose the limitations: wherein
the liquid delivery chamber is circular in the top-down view (as understood
from Fig 5 chamber 7 is circular as claimed),
a length of a first wall portion (see Annotated Figure 5 of JP 2021159008
(Attached Figure B) above – the first wall portion identified in Attached Figure B inherently has a length), which is formed by a first connection portion (Attached Figure B) connected to the first flow path (Attached Figure B), a second connection portion (Attached Figure B) connected to the second flow path (Attached Figure B), and a circular inner peripheral surface (7a, Attached Figure B) between the first connection portion and the second connection portion (Attached Figure B) in the top-down view of the liquid delivery chamber (Attached Figure B) and a length of a second wall portion (Attached Figure B – the second wall portion identified in Attached Figure B inherently has a length), which is formed by a third connection portion (Attached Figure B) connected to the first flow path (Attached Figure B), a fourth connection portion (Attached Figure B) connected to the second flow path (Attached Figure B), and a circular inner peripheral surface (i.e. portion of 7a which is located between the third connection portion and the fourth connection portion in Attached Figure B) between the third connection portion and the fourth connection portion (it is, as explained above),
a formation direction of the first flow path with respect to the liquid delivery
chamber (i.e. horizontal extension direction of the first flow path 11 in Fig 5) and a formation direction of the second flow path with respect to the liquid delivery chamber (i.e. horizontal extension direction of the second flow path 12 in Fig 5) are parallel (as seen in Fig 5), but the first flow path and the second flow path are formed to be offset with respect to each other via the liquid delivery chamber (i.e. offset in the vertical direction via the liquid delivery chamber as seen in Fig 5),
the impeller rotates in the same direction as an outflow direction of the
liquid flowing from the first flow path to the second flow path (the impeller rotates in the counterclockwise D2 direction, and causes the liquid to flow from the first flow path 11 to the second flow path 12 in the direction F2, Figs 8-12, Line 740-769),
the drive motor is arranged (in the combination of prior art the motor is
inherently arranged) so that the impeller is located in an area (in the combination of prior art the impeller is inherently located in an area of the liquid delivery chamber), and the impeller rotates with the gap being biased (in the combination of prior art the impeller rotates with the gap being biased given the teachings of Wampler at ¶0045).
Additionally Regarding Claim 5: JP 2021159008 as modified by Wampler US 2005/0084399 discloses the claimed limitations except for:
“a length of a first wall portion is shorter than a length of a second wall portion” &
“in a concentric circle centered on a center point of the support shaft, the liquid
delivery chamber includes the first flow path at a position including a boundary line between a first quadrant and a fourth quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor is arranged so that a rotation center of the impeller is located
in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line”.
It would have been an obvious matter of design choice to --design the pump such that the length of the first wall portion is shorter than the length of the second wall portion-- & --design the pump such that in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position including a boundary line between a first quadrant and a fourth quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor is arranged so that a rotation center of the impeller is located
in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line--, since no stated problem is solved or unexpected results obtained in having
a length of a first wall portion being shorter than a length of a second wall portion &
in a concentric circle centered on a center point of the support shaft, the liquid
delivery chamber includes the first flow path at a position including a boundary line between a first quadrant and a fourth quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor being arranged so that a rotation center of the impeller is
located in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line
versus the design taught by JP 2021159008 as modified by Wampler US 2005/0084399. Applicant has not disclosed why it is important/critical that
a length of a first wall portion is shorter than a length of a second wall portion &
in a concentric circle centered on a center point of the support shaft, the liquid
delivery chamber includes the first flow path at a position including a boundary line between a first quadrant and a fourth quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor is arranged so that a rotation center of the impeller is located
in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line
and has not demonstrated that this feature solves any stated problem or is for any particular purpose. Specifically, ¶0148 of the SPEC indicates that the above design allows the impeller to deliver the liquid in a constant flow direction (e.g. like the impeller taught by JP 2021159008 as modified by Wampler US 2005/0084399). Thus, when the pump is designed such that the length of the first wall portion is shorter than the length of the second wall portion & the pump is designed such that in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position including a boundary line between a first quadrant and a fourth quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and the drive motor is arranged so that a rotation center of the impeller is located in an area corresponding to the first quadrant or an area corresponding to a third quadrant with respect to the third reference line and the fourth reference line the impeller of JP 2021159008 as modified by Wampler US 2005/0084399 will also meet Applicant’s disclosed functional limitation of delivering the liquid in a constant flow direction.
Regarding Claim 6: JP 2021159008 does disclose the limitations: wherein
the liquid delivery chamber is circular in the top-down view (as understood
from Fig 5 chamber 7 is circular as claimed),
a length of a first wall portion (see Annotated Figure 5 of JP 2021159008
(Attached Figure B) above – the first wall portion identified in Attached Figure B inherently has a length), which is formed by a first connection portion (Attached Figure B) connected to the first flow path (Attached Figure B), a second connection portion (Attached Figure B) connected to the second flow path (Attached Figure B), and a circular inner peripheral surface (7a, Attached Figure B) between the first connection portion and the second connection portion (Attached Figure B) in the top-down view of the liquid delivery chamber (Attached Figure B) and a length of a second wall portion (Attached Figure B – the second wall portion identified in Attached Figure B inherently has a length), which is formed by a third connection portion (Attached Figure B) connected to the first flow path (Attached Figure B), a fourth connection portion (Attached Figure B) connected to the second flow path (Attached Figure B), and a circular inner peripheral surface (i.e. portion of 7a which is located between the third connection portion and the fourth connection portion in Attached Figure B) between the third connection portion and the fourth connection portion (it is, as explained above),
a formation direction of the first flow path with respect to the liquid delivery
chamber (i.e. horizontal extension direction of the first flow path 11 in Fig 5) and a formation direction of the second flow path with respect to the liquid delivery chamber (i.e. horizontal extension direction of the second flow path 12 in Fig 5) are parallel (as seen in Fig 5), but the first flow path and the second flow path are formed to be offset with respect to each other via the liquid delivery chamber (i.e. offset in the vertical direction via the liquid delivery chamber as seen in Fig 5),
the impeller rotates in the same direction as an outflow direction of the
liquid flowing from the second flow path to the first flow path (the impeller rotates in the clockwise D1 direction, and causes the fluid to flow from the second flow path 12 to the first flow path 11 in the direction F1, Line 757-769),
the drive motor is arranged (in the combination of prior art the motor is
inherently arranged) so that the impeller is located in an area (in the combination of prior art the impeller is inherently located in an area of the liquid delivery chamber), and the impeller rotates with the gap being biased (in the combination of prior art the impeller rotates with the gap being biased given the teachings of Wampler at ¶0045).
Additionally Regarding Claim 6: JP 2021159008 as modified by Wampler US 2005/0084399 discloses the claimed limitations except for:
“a length of a first wall portion is shorter than a length of a second wall portion” &
“in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position including a boundary line between a first quadrant and a fourth quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor is arranged so that a rotation center of the impeller is located in an area corresponding to the first quadrant, an area corresponding to a second quadrant, or an area corresponding to a fourth quadrant”. It would have been an obvious matter of design choice to
--design the pump such that a length of a first wall portion is shorter than a length of a second wall portion-- & --design the pump such that in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position including a boundary line between a first quadrant and a fourth quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor is arranged so that a rotation center of the impeller is located in an area corresponding to the first quadrant, an area corresponding to a second quadrant, or an area corresponding to a fourth quadrant--,
since no stated problem is solved or unexpected results obtained in having a length of a first wall portion being shorter than a length of a second wall portion & having in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position including a boundary line between a first quadrant and a fourth quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and the drive motor is arranged so that a rotation center of the impeller being located in an area corresponding to the first quadrant, an area corresponding to a second quadrant, or an area corresponding to a fourth quadrant versus the design taught by JP 2021159008 as modified by Wampler US 2005/0084399. Applicant has not disclosed why it is important/critical that
a length of a first wall portion is shorter than a length of a second wall portion &
in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position including a boundary line between a first quadrant and a fourth quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and
the drive motor is arranged so that a rotation center of the impeller is located in an area corresponding to the first quadrant, an area corresponding to a second quadrant, or an area corresponding to a fourth quadrant
and has not demonstrated that this feature solves any stated problem or is for any particular purpose. Specifically, ¶0214 of the SPEC indicates that the above design allows the impeller to achieve the direction of liquid flow being constant in the reverse flow direction (e.g. like the impeller taught by JP 2021159008 as modified by Wampler US 2005/0084399). Thus, when the pump is designed such that the length of the first wall portion is shorter than the length of the second wall portion & the pump is designed such that in a concentric circle centered on a center point of the support shaft, the liquid delivery chamber includes the first flow path at a position including a boundary line between a first quadrant and a fourth quadrant with respect to a third reference line passing through the center point and parallel to an inflow direction of the liquid to the liquid delivery chamber and a fourth reference line orthogonal to the third reference line and passing through the center point, and includes the second flow path at a position corresponding to a second quadrant with respect to the third reference line and the fourth reference line, and the drive motor is arranged so that a rotation center of the impeller is located in an area corresponding to the first quadrant, an area corresponding to a second quadrant, or an area corresponding to a fourth quadrant the impeller taught by JP 2021159008 as modified by Wampler US 2005/0084399 will also meet Applicant’s disclosed functional limitation of allowing the impeller to achieve the direction of liquid flow being constant in the reverse flow direction.
Regarding Claim 10: JP 2021159008 does disclose the limitations: wherein in the liquid delivery chamber, when the liquid is delivered by rotation of the impeller, a flow rate of the liquid (i.e. the flow rate of the liquid from the first flow path 11 to the second flow path 12) is adjusted by a rotation speed of the impeller (i.e. adjusted by adjusting the rotating speed of the rotor/impeller 20 Line 609-614).
Regarding Claim 11: JP 2021159008 does disclose the limitations: wherein a liquid delivery direction of the liquid is adjusted by a rotation direction of the impeller (as seen in Figs 10-11 and described at Line 741-769 when the impeller/rotor 20 is rotated in the clockwise direction D1 the fluid flows in liquid delivery direction F1, and when the impeller/rotor 20 is rotated in the counterclockwise direction D2 the fluid flows in liquid delivery direction F2 – thus the liquid delivery direction is adjusted by a rotation direction of the impeller/rotor 20 as claimed).
Regarding Claim 12: JP 2021159008 does disclose the limitations:
a first reservoir 5 communicating with the first flow path (Line 108-123, Figs 3-4);
a second reservoir 6 communicating with the second flow path (Line 108-123, Figs 3-4); and
a return flow path (13, Line 134-161) connected to the first reservoir and the second reservoir (as seen in Figs 3-4),
wherein
the first flow path, the second flow path, and the return flow path form a loop-shaped flow path (Line 134-138, Figs 3-4),
a depth dimension (i.e. dimension in the Z direction in Fig 4) of the loop-shaped flow path (i.e. of the part of the loop-shaped flow path defined between elements 11a&11b and elements 12a&12b in Fig 4) and a depth dimension (i.e. dimension in the Z direction in Fig 4) of the liquid delivery chamber (i.e. of the liquid delivery chamber 7 illustrated in Fig 4) are the same (as understood from Fig 4 the articulated depth dimensions are illustrated as being the same as claimed), and
a flow rate of the liquid is adjusted by the depth dimension (assuming all other factors remain constant, a flow rate of the liquid through the loop-shaped flow path would inherently be adjusted/changed by changing the depth dimension (e.g. Z direction height) of the loop-shaped flow path – this is because changing the depth dimension would inherently change the hydraulic radius of the loop-shaped flow path (which is a noncircular conduit) – and this change would carry over into the head loss experienced by the fluid flowing through the loop-shaped flow path; additionally or in the alternate, given that the arrangement of the prior art of JP ‘008 in Fig 4 is identical to the arrangement shown in Fig 4 of the instant application – it follows that the flow rate of the liquid is adjusted by the depth dimension in the prior art within the same confines as the instant application).
Regarding Claim 13: JP 2021159008 does disclose the limitations: wherein a flow rate of the liquid is adjusted by a width dimension of the return flow path (assuming all other factors remain constant, a flow rate of the liquid through the loop-shaped flow path would inherently be adjusted/changed by changing a width dimension (e.g. cross-sectional width in the Y direction) of the return flow path 13 – this is because changing the width dimension would inherently change the hydraulic radius of the loop-shaped flow path (which is a noncircular conduit) – and this change would carry over into the head loss experienced by the fluid flowing through the loop-shaped flow path; additionally or in the alternate, given that the arrangement of the prior art of JP ‘008 in Fig 4 is identical to the arrangement shown in Fig 4 of the instant application – it follows that the flow rate of the liquid is adjusted by the width dimension in the prior art within the same confines as the instant application).
Examiner's Note: The Examiner respectfully requests of the Applicant in preparing responses, to fully consider the entirety of the references as potentially teaching all or part of the claimed invention.
It is noted, REFERENCES ARE RELEVANT AS PRIOR ART FOR ALL THEY CONTAIN. “The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments (see MPEP § 2123).
Additionally the origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention, as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). (See MPEP § 2125).
The Examiner has cited particular locations in the reference(s) as applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claims, typically other passages and figures will apply as well.
Furthermore: with respect to the prior art and the determination of obviousness, it has been held that Prior art is not limited just to the references being applied, but includes the understanding of one of ordinary skill in the art. The "mere existence of differences (i.e. a gap) between the prior art and an invention DOES NOT ESTABLISH the inventions nonobviousness." Dann v. Johnston, 425 U.S. 219, 230, 189 USPQ 257, 261 (1976). Rather, in determining obviousness the proper analysis is whether the claimed invention would have been obvious to one of ordinary skill in the art after consideration of all the facts. And factors other than the disclosures of the cited prior art may provide a basis for concluding that it would have been obvious to one of ordinary skill in the art to bridge the gap. (See MPEP § 2141).
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 7-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding Claim 7:The prior art of record either alone or in combination does not teach or suggest the device recited in claim 7.
It is the Examiner’s opinion that modification of the available prior art in the claimed manner is neither contemplated nor foreseeable without the benefit of the disclosure of the instant invention. Accordingly, claims 8-9 are allowable based on their dependency on allowable claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Craft US 2020/0362875 – discloses an impeller pump with two outlets where the pump has a rounded feature near the outlets – but does not teach the specific arrangement inner peripheral surfaces as recited in claim 7.
Egli USPN 3691848 – teaches that the differential pressure caused a rotating pump is proportional to the speed of the pump.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S HERRMANN whose telephone number is (571)270-3291. The examiner can normally be reached 8:00 AM - 5:00 PM EST.
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/CHARLES G FREAY/Primary Examiner, Art Unit 3746
/JOSEPH S. HERRMANN/ Examiner, Art Unit 3746
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