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 .
Election/Restrictions
Claims 14-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Groups II/III there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/18/2026. Applicant has argued that the different inventions are related and make a contribution over the prior art and that they should all be searched and examined as there is no undue burden on the Office. Speaking to this final item, Examiner notes that the context of the valves in claims 14-23 are wholly divorced from any and all diaphragm pump context, which context influences the kind of valves to be searched, as not just any check valve can successfully incorporated within a diaphragm pump. Claims 14-23 have not such restraint, requiring a much broader scope of search for any and all kinds of valves. As such, Examiner finds that these claims would provide an additional burden on the scope of the search. Additionally, Examiner notes that an interrelationship between diaphragm pump components that work alongside the valve components is more apparent with respect to claim 12, and which also might provide patentability alongside any warranted for the valve itself. For these reasons, Examiner maintains his restriction.
The requirement is still deemed proper and is therefore made FINAL.
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 radiused transition mentioned in claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schoenmeyr (US2019/0145387A1).
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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Claim 2: 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 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 further discloses that the flap comprises a concave valve plate engagement surface (Fig. 3, note curved/concave end portion of valve flap).
Claim 5: Schoenmeyr further discloses that the flap has an elliptical periphery (Fig. 4).
Claim 6: Schoenmeyr further discloses that the plurality of valves comprise inlet valves (note paragraph 15).
Claim 7: Schoenmeyr further discloses that the plurality of valves comprise outlet valves (note paragraph 15).
Claim 8: 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 further discloses that that the inlet valves and the outlet valves are interchangeable (Fig. 3, note matching inlet/outlet valves).
Claim 10: Schoenmeyr further discloses that a unitary wobble plate (44) and a plurality of distinct diaphragms (33, note also paragraph 15).
Claim 12: 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 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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schoenmeyr (US2019/0145387A1) in view of Hyeon (KR20010054595A).
Claim 11: Schoenmeyr discloses the previous limitations. Schoenmeyr is note explicit about the valve plate comprises a radiused transition from each of the valve seats to an associate one of the holes. However, 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 Hargraves (US 7,762,796).
Claim 13: 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.
Conclusion
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