Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 5/29/2026 has been entered. All previous objections have been withdrawn.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-10, 12 and 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schoenmeyr (US2019/0145387A1) in view of Han (US 10,082,138).
Claim 1: Schoenmeyr discloses a diaphragm pump (Figs. 1-4) comprising a valve plate (22) having a planar valve engaging surface (note planar portion of 22 that accommodates (30/36), a plurality of planar valve seats (note seat under valve flap of 30/36) formed in the valve engaging surface, and a hole (32/38) extending through each of the valve seats to an opposite face (Fig. 3); a plurality of valves (30/36) disposed in the valve seats, each of the valves comprising a stem (see Figure below) having a longitudinal axis extending through an associated one of the holes, and a flap (see Figure below) at a first end of the valve extending transversely to the longitudinal axis, the stem and the flap having non-circular cross-section (note ovular shape of flap in Fig. 4), wherein a width of the flap and stem transverse to the longitudinal axis is greater than a depth of the flap and stem transverse to the longitudinal axis along the valve (see Figure below).
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Schoenmeyr’s flap has a first face with the stem extending from the first face of the flap (note flap face near 50, above in Fig. 3 and facing 32) but is not explicit about the first face of the flap forming an oblique angle with the longitudinal axis. However, Han teaches a valve having a stem and a flap with a first face that forms an oblique angle with the respective longitudinal axis of the stem (see Figs 3 and 4A-4C, Examiner noting the oblique angle present upon surface 304). It would have been obvious before the effective filing date of the invention to a skilled artisan to utilize a flap profile in Schoenmeyr as taught by Han as it can reduce leakage and improve good flow-through when open (see col. 5, lines 18-21).
Claim 2: Schoenmeyr and Han teach the previous limitations. Schoenmeyr further discloses that the valve stem comprises a portion of increased cross-section spaced apart from the flap (Fig. 3, note enlarged portion of stem opposite valve flap).
Claim 3: Schoenmeyr and Han teach the previous limitations. Schoenmeyr further discloses that a thickness of the valve plate through the valve seat is greater than a distance between the flap and the portion of increased cross-section of the stem in a relaxed condition (see Figure above).
Claim 4: Schoenmeyr and Han teach the previous limitations. Han further discloses that the first face of the flap comprises an arcing valve plate engagement surface (Figs. 3-4).
Claim 5: Schoenmeyr and Han teach the previous limitations. Schoenmeyr further discloses that the flap has an elliptical periphery (Fig. 4).
Claim 6: Schoenmeyr and Han teach the previous limitations. Schoenmeyr further discloses that the plurality of valves comprise inlet valves (note paragraph 15).
Claim 7: Schoenmeyr and Han teach the previous limitations. Schoenmeyr further discloses that the plurality of valves comprise outlet valves (note paragraph 15).
Claim 8: Schoenmeyr and Han teach the previous limitations. Schoenmeyr further discloses that that the plurality of valves comprise inlet valves mounted on a first face of the valve plate and outlet valves mounted on an opposite face of the valve plate (see Fig. 3; paragraph 15).
Claim 9: Schoenmeyr and Han teach the previous limitations. Schoenmeyr further discloses that that the inlet valves and the outlet valves are interchangeable (Fig. 3, note matching inlet/outlet valves).
Claim 10: Schoenmeyr and Han teach the previous limitations. Schoenmeyr further discloses that a unitary wobble plate (44) and a plurality of distinct diaphragms (33, note also paragraph 15).
Claim 12: Schoenmeyr and Han teach the previous limitations. Schoenmeyr further discloses a wobble plate (44); a plurality of diaphragms (33, note also paragraph 15); a motor (46); an inlet port (18); and an outlet port (20).
Claim 24: Schoenmeyr and Han teach the previous limitations. Han further teaches that the valve comprises a first unmounted configuration (see Fig. 8A), and wherein the stem of each valve is stretched when mounted to form a seal at each end of the hole in which the valve is mounted (Fig. 8B, as can also be appreciated from standard installation of such valves, see col. 2, lines 3-23, 50-58).
Claim 25: Schoenmeyr and Han teach the previous limitations. Han further teaches a stem which comprises a first portion extending to an intermediate portion (see Fig. 4B below), the intermediate portion having a greater transverse width and depth than the first portion (see Fig. 4B below), and an end portion extending from the intermediate portion (see Fig. 4B below), wherein the end portion is narrower in both depth and width than the first portion of the stem and the intermediate portion of the stem (see Fig. 4B below).
Claim 26: Schoenmeyr and Han teach the previous limitations. Han further teaches that the first face of the flap comprises a concave valve plate engagement surface (see Fig. 4C).
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Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schoenmeyr (US2019/0145387A1) in view of Han (US 10,082,138) and in further view of Hyeon (KR20010054595A).
Claim 11: Schoenmeyr and Han teach the previous limitations. Schoenmeyr is not explicit about the valve plate comprises a radiused transition from each of the valve seats to an associate one of the holes. Han appears to teach a radiused transition (see Fig. 4A, note rounded edge around hole 204). Alternatively, Hyeon teaches a valve plate which utilizes a radiused transition (Fig. 6, note transition at/near 111b). It would have been obvious before the effective filing date of the invention to a skilled artisan to utilize a transition in Schoenmeyr as taught by Hyeon to reduce abrupt fluid directional changes that could cause erosion of the valve plate surface.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schoenmeyr (US2019/0145387A1) in view of Han (US 10,082,138) and in further view of Hargraves (US 7,762,796).
Claim 13: Schoenmeyr and Han teach the previous limitations. Schoenmeyr discloses the previous limitations. Schoenmeyr is not explicit about the plurality of valves comprise an elastic material selected from the group consisting of ethylene propylene diene monomer (EPDM), Fluorine Kautschuk Material (FKM), or materials containing butadiene and sodium (BUNA®). However, Hargraves discloses a valve arrangement in which the valves are made from EPDM (see col. 5, lines 16-17). It would have been obvious before the effective filing date of the invention to a skilled artisan to utilize a valve material in Schoenmeyr as taught by Hargraves as EPDM material is durable and low-cost, which qualities can ensure cost savings.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Examiner has newly relied upon the Han reference to teach the new claim limitations.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN C ZOLLINGER whose telephone number is (571)270-7815. The examiner can normally be reached Generally M-F 9-4 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746
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