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
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/28/2026.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: LIQUID PUMP PERMANENT MAGNET ROTOR WITH PLASTIC INSERT AND CHANNEL ARRANGEMENT
Claim Objections
Claims 1, 5-6, 10 and their dependents are objected to because of the following informalities: in claim 1, line 3, the phrase “an shaft” should be changed to “a shaft”; in claim 5, lines 1-2, the phrase “point formed” should be changed to “point is formed”; in claim 6, lines 1-2, the phrase “flattening formed” should be changed to “flattening is formed”; in claim 10, line 1, the phrase “fluid bore formed” should be changed to “fluid bore is formed”. Appropriate correction is required.
Claim Interpretation
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: “plastic insert” in claim 1.
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.
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 5-6 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. Claims 5-6 recite for either a injection point or material flattening formed “on an outer surface and/or an inner surface of the at least one projection”. It is unclear from this phrasing whether the “outer surface” is any outer surface or the outer surface of the at least one projection. Examiner will assume the former for purposes of this examination and requests clarification.
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) 1-4, 6-7, 9-10 and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN111237247B (‘247).
Claim 1: ‘247 (Figs. 1 and 4-5) discloses a liquid pump (100) with a housing (11/12) in which a wound stator (15) and electronics (17) are arranged in a dry area (30), a permanent magnet rotor (413/422; see page 3, note “ferrite magnetic material” of 422) that is arranged in a wet area (20), a shaft (16) that is held on the one hand in a pump head (111) and on the other hand in an shaft receptacle in a containment shell (13), wherein the containment shell separates the dry area from the wet area (Fig. 1), and at least one bearing which is incorporated in the permanent magnet rotor and arranges it rotatably on the shaft (note bearing in Fig. 1 towards bottom of the shaft that situates inside bearing cavity 4131 shown in Fig. 5), wherein the permanent magnet rotor comprising a plastic insert (413, note injection moulding material of PPS + CF plastic on page 3) and a permanent magnet (422), and that at least one fluid channel (Fig. 5, note channel 4221, in which some kind of fluid, liquid or gaseous, will circulate) running parallel to the axis is formed between the plastic insert and the permanent magnet.
Claim 2: ‘247 further discloses that the plastic insert (413) is formed in one piece with the impeller (412) and is made of the same material (as depicted in Figs. 3 and 5).
Claim 3: ‘247 further discloses that the plastic insert has at least one axially parallel rib on its outer peripheral surface (Fig. 3, note rib 415).
Claim 4: ‘247 further discloses that at least one projection formed on an underside of the impeller, said projection being arranged radially around a section of the plastic insert (Fig. 7, note projection 4234).
Claim 6: ‘247 further discloses that at least one material flattening formed on an outer surface and/or an inner surface of the at least one projection (Fig. 7, note flattened material end of 4234).
Claim 7: ‘247 further discloses that the at least one projection has at least one recess in the direction of the underside of the impeller (Fig. 7, note recess 4236).
Claim 9: ‘247 further discloses that when applying the permanent magnetic material to the plastic insert, at least one fluid channel running parallel to the axis is formed between the plastic insert and the permanent magnet (Fig. 5, note 4221).
Claim 10: ‘247 further discloses at least one fluid bore formed in the impeller (Fig. 5, note fluid bore 4132) and/or the at least one fluid bore is positioned in a region between an inner surface of the at least one projection and the plastic insert, and/or that the at least one fluid bore forms a flow channel with the at least one fluid channel running parallel to the axis.
Claim 12: ‘247 further discloses that a fluid flows around the permanent magnet rotor within the containment shell (Fig. 1, note space around 4 in which gaseous or liquid media will flow around during impeller operation).
Claim 13: ‘247 further discloses that the at least one fluid channel running parallel to the axis between the plastic insert and the permanent magnet conveys the fluid via a secondary flow path (Fig. 1, Examiner noting that a secondary fluid path could connect the fluid channel with the outer spacing channel between 4 and 13).
Claim(s) 1, 4 and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bernreuther (US20150211523A1).
Claim 1: Bernreuther (Figs. 1-12) discloses a liquid pump (Fig. 5) with a housing (31/32) in which a wound stator (29) and electronics (33) are arranged in a dry area (note area set aside for 29 and 33), a permanent magnet rotor (note 17 and 4; see claim 1) that is arranged in a wet area (note area proximate 4), a shaft (30) that is held on the one hand in a pump head (near 5) and on the other hand in an shaft receptacle in a containment shell (29), wherein the containment shell separates the dry area from the wet area (Fig. 5), and at least one bearing (Fig. 1, note 10) which is incorporated in the permanent magnet rotor and arranges it rotatably on the shaft (see Figs. 1 and 5), wherein the permanent magnet rotor comprising a plastic insert (17; see paragraph 45) and a permanent magnet (4), and that at least one fluid channel (Fig. 5, note channel between 17 and 4 in which some kind of fluid, liquid or gaseous, will circulate) running parallel to the axis is formed between the plastic insert and the permanent magnet (Fig. 1).
Claim 4: Bernreuther further discloses that at least one projection (Fig. 9, note 39) formed on an underside of the impeller, said projection being arranged radially around a section of the plastic insert (see Figs. 7 and 9).
Claim 12: Bernreuther further discloses that a fluid flows around the permanent magnet rotor within the containment shell (Fig. 5, note space around 4 in which gaseous or liquid media will flow around during impeller operation).
Claim 13: Bernreuther further discloses that the at least one fluid channel running parallel to the axis between the plastic insert and the permanent magnet conveys the fluid via a secondary flow path (Fig. 5, Examiner noting that a secondary fluid path could connect the fluid channel with the outer spacing channel between 4 and 31).
Claim 14: Bernreuther further discloses that the liquid pump is used in water pumps, oil pumps, fuel pumps, SCR pumps in the automotive sector or in the household sector (see paragraph 5).
Claim(s) 1, 4 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hatano (US20040234395A1).
Claim 1: Hatano (Fig. 1) discloses a liquid pump (P1) with a housing (1/2/6) in which a wound stator (10) and electronics (12) are arranged in a dry area (Fig. 1, note dry area around 10/12), a permanent magnet rotor (15) that is arranged in a wet area (note area around 15), a shaft (20) that is held on the one hand in a pump head (near 20a) and on the other hand in an shaft receptacle (near 22) in a containment shell (9), wherein the containment shell separates the dry area from the wet area (Fig. 1), and at least one bearing (25) is incorporated in the permanent magnet rotor and arranges it rotatably on the shaft (Figs. 1-2), wherein the permanent magnet rotor comprising a plastic insert (paragraph 25, note “polyamide that forms the rotor”) and a permanent magnet (18), and that at least one fluid channel (Fig. 1, note channel 16c) running parallel to the axis is formed between the plastic insert and the permanent magnet.
Claim 4: Bernreuther further discloses that at least one projection (Fig. 1, note sliding boss section 26 with stirring impellers 27) formed on an underside of the impeller, said projection being arranged radially around a section of the plastic insert (Fig. 1).
Claim 10: Hatano further discloses at least one fluid bore formed in the impeller (16c) and/or the at least one fluid bore is positioned in a region between an inner surface of the at least one projection and the plastic insert, and/or that the at least one fluid bore forms a flow channel with the at least one fluid channel running parallel to the axis.
Claim 11: Hatano further discloses a cover plate (note flat plate portion 16b of 15) portion with at least one through-opening (16c) arranged on the impeller and corresponds to the at least one fluid bore in the impeller and the at least one fluid channel running parallel to the axis.
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) 5 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernreuther (US20150211523A1) in view of Inada (JP2000205173A).
Claim 5: Bernreuther discloses the previous limitations. Bernreuther is not explicit about at least one injection point formed on an outer surface and/or an inner surface of the at least one projection. However, Inada teaches a pump rotor (Fig. 4) and submits the idea of locating at least one injection point on an outer surface (Fig. 1, note radially central injection point near 13 which will form on the outside surface of 18). It would have been obvious before the effective filing date of the invention to utilize an injection point as taught by Akiyoshi into the apparatus of Bernreuther as it creates a radially compact injection apparatus, taking up less space to perform the injection molding techniques.
Claim 8: Bernreuther and Akiyoshi teach the previous limitations. Modified Bernreuther further teaches that permanent magnetic material encloses the at least one projection and the at least one injection point to form the permanent magnet rotor (as can be appreciated from the teachings of Inada, the structure of Bernreuther will possess magnetic material on the radially outer regions of the rotor which will necessarily encircle or enclose the projection as well as the radially inward injection point taught by Inada.
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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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746