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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 .
Claim Objections
Claims 1-15 are objected to because of the following informalities:
Claim 1, line 18 should read “greater than the first radial distance and the”
Claim 8, line 4 should read “the gearbox or the chassis of the machine”
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 recites the limitation "the longitudinal axis" in line 2. There is insufficient antecedent basis for this limitation in the claim. As such, the metes and bounds of the claim cannot be discerned. For examination purposes herein, the examiner has interpreted the limitation in question as “a longitudinal axis".
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 10,677,244 to Byrne et al.
16. A pump stack (12-18; “A typical reciprocating pump includes a fluid end and a power end,
the power end configured to reciprocatingly move one or more plungers toward and away from
a corresponding fluid end pump chamber”; in other words, Byrne discloses a stack of reciprocating plunger pumps; see also Figs. 2A-2B) for a machine (10) (Figs. 1-2; “a reciprocating pump assembly”), comprising: a first pump (see Figs. 1 & 2A; the reciprocating pump formed by the leftmost housing segment 46, end segment 42, the leftmost plunger 18, and the leftmost fluid end cylinder of fluid end 14) including a first front end (the leftmost face of end segment 42) and a first rear end (the rightmost face of the corresponding housing segment 46) opposite the first front end (Fig. 2A), the first front end of the first pump being mounted (at least indirectly) to a gearbox (600) of the machine (as shown in Fig. 48) and extending along and spaced apart from the gearbox defining a gap between the gearbox and the pump stack (a gap between the pump stack portion 12 and the gearbox 600 is apparent in Fig. 48); a second pump (formed by a rightmost housing segment 46, end segment 44, a rightmost plunger 18, and a rightmost fluid end cylinder of fluid end 14; Figs. 1 & 2A) including a second front end (the leftmost face of the corresponding housing segment 46) and a second rear end (the rightmost face of end segment 44) opposite the second front end (Fig. 2A), the second front end of the second pump being mounted (at least indirectly) to the first rear end of the first pump (Fig. 2A), the second pump including a housing (46) and including a flange (44) protruding from the housing at the second rear end (Fig. 2A), the flange including: a first pair of mounting holes (82, 140; Fig. 7) configured to connect a third pump (i.e. any of the reciprocating plunger pumps arranged axially between the first and second pumps) to the housing of the second pump (see Figs. 4-8, which show the connections formed between the adjacent pumps); and a second pair of mounting holes (holes formed in gussets 620; Fig. 48); and a bracket (602) extending across the gap between the pump stack and the gearbox (Fig. 48), the bracket having a first end (606) connected to the flange via the second pair of mounting holes and a second end (606) connected to the gearbox (both apparent in Fig. 48; see also “a gearbox 600 is secured to the end plate 44 of the frame assembly 40 via a pair arm members 602 to resist movement of the gearbox 600 relative to the frame assembly 40”).
In regards to Claim 17, the bracket (602) includes an elongated structural member (i.e. arm) extending from the first end to the second end (apparent in Fig. 48).
In regards to Claim 18, the first pair of mounting holes (82, 140; Fig. 7) are positioned on a first axis inclined at a first acute angle relative to the longitudinal axis of the flange (as is apparent from Fig. 7, an axis extending between holes 82 and 140 forms an acute angle with both a vertically extending longitudinal axis and a horizontally extending longitudinal axis of the flange 44).
Allowable Subject Matter
Claims 1-15 are found to be provisionally allowable, pending Applicant overcoming the claim objections noted above.
The following is a statement of reasons for the indication of allowable subject matter: the limitations of independent Claim 1 are not disclosed nor rendered obvious by the best available prior art. In this instance, the best available prior art references are as follows:
US 7,257,948 to Bennett
US 2018/0335025 to Wilson
EP 3,153,705 to Eder
US 10,677,244 to Byrne et al.
US 8,807,972 to Reighard et al.
Bennett is considered to be the most relevant prior art document available, and discloses a pump stack (10 or 100; Figs. 1-4) for a machine (50; Fig. 6), comprising: a first pump (24, 28; Fig. 2) mounted at a front end (12) to a pulley (58) of the machine (Fig. 6; col. 3, lines 12-21), the first pump including a first pump shaft (12); a second pump (charge pump 26, 40) mounted to a rear end of the first pump (Fig. 2), the second pump including a housing (26) and a flange (44; Fig. 4) protruding from the housing (apparent in Figs. 2-4; see also col. 2, lines 36-59), the flange (44) comprising: a longitudinal axis extending along a length of the flange (Fig. 4; the central vertical axis of flange 44) and a transverse axis extending along a width of the flange (Fig. 4) together defining four quadrants of the flange (apparent in Fig. 4), the central horizontal axis of flange 44); a first pair of mounting holes (72; Fig. 4) configured to connect an auxiliary pump (114; Fig. 4) to the housing (via pins 41; Fig. 4); the first pair of mounting holes are positioned on a first axis inclined at a first acute angle relative to the longitudinal axis of the flange (apparent in Fig. 4; mounting holes 72 are diagonally arranged to form a first axis extending diagonally at an acute angle relative to the central vertical longitudinal axis); and a second pair of mounting holes (upper right hole and lower right hole for fasteners 57; Fig. 4) configured to connect a bracket (16; Figs. 3-4) to the housing (via fasteners 57; Figs. 3-4). Although Bennett discloses much of Applicant's recited invention, he does not disclose 1) the first pump is mounted at a front end to a gearbox, 2) the second pump includes a second pump shaft configured to engage with the first pump shaft, 3) the first and second radial distances relative to the second shaft, or 4) the second pair of mounting holes being located in a same quadrant of the four quadrants, as claimed. In other words, Bennett falls far short of disclosing or rendering obvious Applicant’s recited invention.
Wilson is another similarly relevant prior art document, and discloses a pump stack (44-44b; Fig. 2) for a machine (10; Fig. 1), comprising: a first pump (44; Fig. 2) mounted at a front end to a gearbox (32) of the machine (Fig. 2), a second pump (44a) mounted to a rear end of the first pump (Fig. 2), the second pump including a housing (Fig. 2), as well as a bracket extending from the second pump to a chassis of the machine. However, Wilson is completely silent towards 1) first and second pump shafts configured to engage with one another, 2) a flange protruding from the housing, 3) the flange comprising: a longitudinal axis extending along a length of the flange and a transverse axis extending along a width of the flange together defining four quadrants of the flange, the flange having a first pair of mounting holes configured to connect an auxiliary pump to the housing, the first pair of mounting holes positioned on a first axis inclined at a first acute angle relative to the longitudinal axis of the flange, and a second pair of mounting holes configured to connect a bracket to the housing, the first and second mounting holes being located at first and second radial distances relative to a second shaft, the second pair of mounting holes being located in a same quadrant of the four quadrants, as claimed. In other words, Wilson, like Bennett, falls far short of disclosing or rendering obvious Applicant’s recited invention.
Eder is another similarly relevant prior art document, and discloses a pump stack (1; Fig. 3) for a machine (19; Fig. 4), comprising: a first pump (3) mounted at a front end (6) to a gearbox (18) of the machine (Figs. 4-5) and a second pump (2) mounted to a rear end of the first pump (Fig. 3), the second pump including a housing (the outer housing seen at lead line 2 in Fig. 3). However, Eder fails to disclose 1) first and second pump shafts configured to engage with one another, 2) a flange protruding from the housing, 3) the flange comprising: a longitudinal axis extending along a length of the flange and a transverse axis extending along a width of the flange together defining four quadrants of the flange, the flange having a first pair of mounting holes configured to connect an auxiliary pump to the housing, the first pair of mounting holes positioned on a first axis inclined at a first acute angle relative to the longitudinal axis of the flange, and a second pair of mounting holes configured to connect a bracket to the housing, the first and second mounting holes being located at first and second radial distances relative to a second shaft, the second pair of mounting holes being located in a same quadrant of the four quadrants, as claimed. In other words, Eder, like Bennett and Wilson, falls far short of disclosing or rendering obvious Applicant’s recited invention.
Byrne (detailed above for Claims 16-18) and Reighard disclose additional pump stacks known in the prior art, but neither of these references remedies the many deficiencies noted in the three references listed above. For example, Byrne lacks a teaching of first and second pump shafts configured to engage one another as claimed, and further lacks a teaching of the specific arrangement of pairs of mounting holes particularly recited in Claim 1. Reighard exhibits similar failings.
Applicant’s specification makes clear that through use of the claimed pump stack with distinct pump shafts in addition to the particularly claimed flange, the arrangement and positions of mounting holes 94 on flange 52 may help ensure case of assembly of an auxiliary pump 40 to pump 38, particularly on an existing pump stack 32 during maintenance or repair of machine 10. Additionally, positioning mounting holes 94 on axis 100 that is inclined relative to longitudinal axis 90 may allow for attachment of auxiliary pump 40 to pump 38 without the need for replacement, resizing, or machining of pump 38 and/or a need for changing a size of flange 52. Finally, via the second set of mounting holes 102, a weight of pump stack 32 may be supported by gearbox 34 adjacent front end 42 of pump 36 and by gearbox 34, transmission 20 and/or chassis 12 adjacent rear end 48 of pump 38 via bracket 62. Supporting pump stack 32 on both ends in this manner may minimize the effect of the weight of pump stack 32 on radial forces exerted on the fasteners attaching pump stack 32 machine 10 and/or on the bearings supporting pump shafts 50 and 98. This in turn may help increase the reliability of pumps 36, 38, and 40 and of pump stack assembly 30. Thus, the disclosed flange 52 and its arrangement of mounting holes 94 and 102 may help ensure ease of assembly/disassembly of auxiliary pump 40 to/from pump stack 32, and may also minimize the risk of damage to shaft 50, pump shaft 98, and/or bearings supporting shaft 50 and/or pump shaft 98 due to a weight of pumps 36, 38, and 40.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the prior art noted above, see also US 6,022,198 to Hoffmeister and DE 19828180 to Wanshura, both of which disclose additional pump stacks similar to that claimed by Applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER BRYANT COMLEY whose telephone number is (571)270-3772. The examiner can normally be reached Monday-Friday 9AM-6PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached at 571-270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER B COMLEY/Primary Examiner, Art Unit 3746
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