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 as failing to comply with 37 CFR 1.84(p)(4) because reference character “902” has been used to designate both the insert ring and the plunger. 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. 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
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
There are two claims numbered “22”, 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 22 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 22 (the first instance) recites the limitation "the second pump" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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) 16-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waibel (US Patent No. 3,048,411) in view of Crookston (US Patent No. 2,811,925).
Waibel teaches:
limitations from claim 16, a positive displacement fluid pump (FIG. 1-3; C. 1 Lines 42-48), comprising: a pump body (10, 22); a reciprocating plunger (16) within the pump body; the pump body plumbed so that each reciprocating plunger receives a first fluid heated to at least 150°F and discharges the first fluid at a pressure of at least 2,500 psig (the examiner considers this an intended use limitation; in this case the pump of Waibel meets the claimed structure and therefore is capable of handling the claimed fluids; see MPEP 2111.02); the pump body defining a generally cylindrical chamber (12) wherein a portion of the reciprocating plunger translates within the generally cylindrical chamber and wherein each generally cylindrical chamber and plunger define an annular space (see FIG. 1 and FIG. 3 annotated below); and a fluid inlet (32) and a fluid outlet (36, 38) communicating with the generally cylindrical chamber so that a second fluid may be pumped into and out the generally cylindrical chamber to transfer heat from the plunger to the second fluid (C. 1 Line 57 through C. 2 Line 38);
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Waibel teaches a singular reciprocating piston rather than a plurality;
However, it is known in the art of pumps to provide multiple pistons in a pump: see FIG. 1 and FIG. 7 of Crookston in which a plurality of pistons (121-122) are provided in bores (~120) of a pump housing (13);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to provide a desired number of plural pumping pistons in the pump of Weibel, as taught by Crookston, in order to provide more or less output via the addition or subtraction of cylinder volumes.
Weibel further teaches:
limitations from claim 18, comprising an insert ring (24, 24’) disposed in each generally cylindrical chamber;
limitations from claim 19, wherein the insert ring has a central bore for through which the reciprocating plunger translates (see FIG. 1 and FIG. 3, rings 24, 24’ accommodate the shaft 16);
limitations from claim 20, wherein the insert ring defines a first region (26, 26’) between an outer surface of the plunger (16) and a first surface of the insert ring (24), and defining a second region (28, 28’) between an inner surface of the generally cylindrical chamber and a second surface of the insert ring (FIG. 1, 3), and one or more fluid ports (30, 30’) in the insert ring communicating between the first and second regions (C. 1 Lines 59-64 for example);
limitations from claim 21, wherein the insert ring (24, 24’) does not form a seal with the inner surface of the generally cylindrical chamber (see FIG. 1 for example);
limitations from claim 22, wherein fluid circulating through the first and second regions (26, 28) cools the plunger and the inner surface of the pump (C. 1 Line 57 through C. 2 Line 38)
limitations from claim 22, wherein the first fluid is heated to between 150°F and 375°F, inclusive (the claims are drawn to an apparatus, this limitation is a process of heating a fluid, the examiner considers this an intended use limitation; in this case the pump of Waibel meets the claimed structure and therefore is capable of handling the claimed fluids of various temperatures; see MPEP 2111.02), and the first fluid is discharged from the body at a pressure of between 2,500 psig and 10,000 psig (C. 1 Lines 42-58, several-thousands pounds per square inch);
Crookston further teaches:
limitations from claim 17, wherein the plurality of reciprocating plungers are three reciprocating plungers (FIG. 14; C. 6 Lines 21-25);
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waibel (US Patent No. 3,048,411) in view of Crookston (US Patent No. 2,811,925) as applied to claim 16 above, and in further view of Wittkop et al (US Patent No. 5,131,818).
Waibel does not teach a particular material for the insert ring;
However, PEEK is a commonly used material in pumping applications (see C. 4 Lines 43-66 of Wittkop);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to use known materials, such as the PEEK material taught by Wittkop, to form the insert of Waibel; in this case Wittkop teaches PEEK as a high strength material suitable for components interacting with reciprocating pistons such that wear is reduced.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waibel (US Patent No. 3,048,411) in view of Crookston (US Patent No. 2,811,925) as applied to claim 16 above, and in further view of Anderson et al (US Patent No. 2,439,958).
Waibel teaches tapered outer surfaces of the insert ring (see annotated FIG. 1 below) and that flow along the insert is allowed (C. 2 Lines 8-13), but does not explicitly teach that leaked first (pumped) fluid can enter the ring;
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However, Anderson teaches a pump (FIG. 1b) including a piston (11) within a cylinder bore (10), an insert ring (46) across which a fluid leaking across a packing is allowed to enter the ring and be vented out of the pump (C. 6 Line 59 through C. 7 Line 26);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to allow fluid that has leaked through the pump packing seals of Waibel to enter the ring and be removed, as taught by Anderson, in order to prevent buildup of the fluid in the cylinder bore.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
the following prior art teaches insert rings in cylinders for fluid flow: US 3907307, 3834715, 3655207, and 2534530.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S BOBISH whose telephone number is (571)270-5289. The examiner can normally be reached Mon-Fri 9-5.
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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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/CHRISTOPHER S BOBISH/Examiner, Art Unit 3746