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 1-13 are objected to because of the following informalities:
In claim 1 line 1, “Hydraulic pump” would be clearer if written as --A hydraulic pump--.
In claims 2-13, line 1, “Hydraulic pump” would be clearer if written as --The hydraulic pump--.
In claim 5 line 3, and claims 7, 9 and 11 line 2, “the upper” would be clearer if written as --an upper--.
In claim 5 line 4, and claims 7, 9 and 11 line 3, “the installation” would be clearer if written as --an installation--.
In claim 6 line 3, and claims 8, 10, 12 and 13 line 2, “the current” would be clearer if written as --a current--.
Appropriate correction is required.
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.
Claims 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U. S. Patent Publication 2011/0110794 to Mayleben.
Referring to claim 1, Mayleben discloses a hydraulic pump (712) with a drive motor (784), a wet chamber (sump, shown as 26 in the embodiment of Fig. 1, which the embodiment of Figures 24A-25E is based on), at least one printed circuit board (742) which carries electronic or electrical components (such as 776) for controlling the drive motor (784) and is located in the wet chamber (sump), an evaluation unit (714) and at least two electrodes (738, 740) which are located on the printed circuit board (742) in the wet chamber (sump), wherein the evaluation unit (714) can detect a change in the capacitance of a capacitor formed by the two electrodes (738, 740) (Figures 24A-25E; paragraphs [0124]-[0128]).
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.
Claims 2 and 8 rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2011/0110794 to Mayleben in view of U. S. Patent Publication 2006/0005622 to Burdi.
Referring to claim 2, Mayleben teaches a hydraulic pump comprising all the limitations of claim 1, as detailed above, but does not teach electrodes formed by conductor tracks. Burdi teaches a pump wherein
electrodes (50, 52, 70, 72) are formed by conductor tracks (49, 59) on a printed circuit board (30) (Fig. 3; paragraphs [0035]-[0042]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben with the conductor tracks taught by Burdi because it has been held that a simple substitution of one known element, the conductor tracks of Burdi, for another, the electrodes embodied in Figures 24A-25E, to obtain predictable results, sensing capacitance, was an obvious extension of prior art teachings, KSR, 550 U.S. at 419, 82 USPQ2d at 1396, MPEP 2141 III B.
Referring to claim 8, Mayleben and Burdi teaches a hydraulic pump comprising all the limitations of claim 2, as detailed above, but the Mayleben embodiment of Figures 24A-25E and Burdi do not teach the monitoring of the current consumption. In the embodiment of Figure 21, Mayleben teaches wherein:
the evaluation unit (510 in 714) has a signal input with which it can receive a signal that is indicative of the current consumption of the drive motor (paragraph [0109]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben embodied in Figures 24A-25E, with the current consumption sensing taught by Mayleben in the embodiment of Figure 21, in order to provide a second sensor to detect when all fluid has been pumped from the wet chamber (paragraph [0109]).
Claims 3, 4, 6, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2011/0110794 to Mayleben.
Referring to claim 3, Mayleben teaches a hydraulic pump comprising all the limitations of claim 1, as detailed above, but the embodiment of Figures 24A-25E is silent as to the material of the electrodes. In the embodiment of Figures 1 and 2, Mayleben further teaches wherein:
the electrodes (738, 740) are formed by metallized surfaces on the surface of the printed circuit board (742) (Figures 1, 2, 24A-25E; paragraphs [0059], [0124]-[0128]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben embodied in Figures 24A-25E, with the metallized surfaces taught by Mayleben in the embodiment of Figures 1 and 2, because it has been held that a simple substitution of one known element, the metal electrodes of the embodiment in Figures 1 and 2, for another, the electrodes embodied in Figures 24A-25E, to obtain predictable results, sensing capacitance, was an obvious extension of prior art teachings, KSR, 550 U.S. at 419, 82 USPQ2d at 1396, MPEP 2141 III B. Furthermore, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art to make the electrodes from metalized surfaces, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Referring to claim 4, Mayleben teaches a hydraulic pump comprising all the limitations of claim 1, as detailed above, but the embodiment of Figures 24A-25E is silent as to the material of the electrodes. In the embodiment of Figures 1 and 2, Mayleben further teaches wherein:
the electrodes (30) are formed by capacitor plates that are separate from the printed circuit board (24) and mounted on it (Figures 24A-25E; paragraphs [0124]-[0128]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben embodied in Figures 24A-25E, with the capacitor plates taught by Mayleben in the embodiment of Figures 1 and 2, because it has been held that a simple substitution of one known element, the capacitor plates of the embodiment in Figures 1 and 2, for another, the electrodes embodied in Figures 24A-25E, to obtain predictable results, sensing capacitance, was an obvious extension of prior art teachings, KSR, 550 U.S. at 419, 82 USPQ2d at 1396, MPEP 2141 III B. Furthermore, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art to make the electrodes from metalized surfaces, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Referring to claim 6, Mayleben teaches a hydraulic pump comprising all the limitations of claim 1, as detailed above, but the embodiment of Figures 24A-25E does not teach the monitoring of the current consumption. In the embodiment of Figure 21, Mayleben teaches wherein:
the evaluation unit (510 in 714) has a signal input with which it can receive a signal that is indicative of the current consumption of the drive motor (paragraph [0109]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben embodied in Figures 24A-25E, with the current consumption sensing taught by Mayleben in the embodiment of Figure 21, in order to provide a second sensor to detect when all fluid has been pumped from the wet chamber (paragraph [0109]).
Referring to claim 10, Mayleben teaches a hydraulic pump comprising all the limitations of claim 3, as detailed above, but the embodiment of Figures 24A-25E does not teach the monitoring of the current consumption. In the embodiment of Figure 21, Mayleben teaches wherein:
the evaluation unit (510 in 714) has a signal input with which it can receive a signal that is indicative of the current consumption of the drive motor (paragraph [0109]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben embodied in Figures 24A-25E, with the current consumption sensing taught by Mayleben in the embodiment of Figure 21, in order to provide a second sensor to detect when all fluid has been pumped from the wet chamber (paragraph [0109]).
Referring to claim 12, Mayleben teaches a hydraulic pump comprising all the limitations of claim 4, as detailed above, but the embodiment of Figures 24A-25E does not teach the monitoring of the current consumption. In the embodiment of Figure 21, Mayleben teaches wherein:
the evaluation unit (510 in 714) has a signal input with which it can receive a signal that is indicative of the current consumption of the drive motor (paragraph [0109]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben embodied in Figures 24A-25E, with the current consumption sensing taught by Mayleben in the embodiment of Figure 21, in order to provide a second sensor to detect when all fluid has been pumped from the wet chamber (paragraph [0109]).
Claims 5, 9, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2011/0110794 to Mayleben in view of U.S. Patent Publication 2011/0085917 to Ward.
Referring to claim 5, Mayleben teaches a hydraulic pump comprising all the limitations of claim 1, as detailed above, but does not teach the electrodes located in the upper half of the wet chamber. Ward teaches a pump wherein
electrodes (124, 126) are arranged in such a way that they are located in an upper half of a wet chamber (12) when a hydraulic pump is in an installation position (Fig. 17; paragraph [0052]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben with the electrode locations taught by Ward, in order to accommodate physical requirements relating to the water level in the chamber (Ward paragraph [0052]).
Referring to claim 9, Mayleben teaches a hydraulic pump comprising all the limitations of claim 3, as detailed above, but does not teach the electrodes located in the upper half of the wet chamber. Ward teaches a pump wherein
electrodes (124, 126) are arranged in such a way that they are located in an upper half of a wet chamber (12) when a hydraulic pump is in an installation position (Fig. 17; paragraph [0052]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben with the electrode locations taught by Ward, in order to accommodate physical requirements relating to the water level in the chamber (Ward paragraph [0052]).
Referring to claim 11, Mayleben teaches a hydraulic pump comprising all the limitations of claim 4, as detailed above, but does not teach the electrodes located in the upper half of the wet chamber. Ward teaches a pump wherein
electrodes (124, 126) are arranged in such a way that they are located in an upper half of a wet chamber (12) when a hydraulic pump is in an installation position (Fig. 17; paragraph [0052]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben with the electrode locations taught by Ward, in order to accommodate physical requirements relating to the water level in the chamber (Ward paragraph [0052]).
Referring to claim 13, Mayleben and Ward teach a hydraulic pump comprising all the limitations of claim 5, as detailed above, but the embodiment of Figures 24A-25E and Ward do not teach the monitoring of the current consumption. In the embodiment of Figure 21, Mayleben teaches wherein:
the evaluation unit (510 in 714) has a signal input with which it can receive a signal that is indicative of the current consumption of the drive motor (paragraph [0109]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben embodied in Figures 24A-25E, with the current consumption sensing taught by Mayleben in the embodiment of Figure 21, in order to provide a second sensor to detect when all fluid has been pumped from the wet chamber (paragraph [0109]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2011/0110794 to Mayleben in view of U. S. Patent Publication 2006/0005622 to Burdi and U. S. Patent Publication 2011/0085917 to Ward.
Referring to claim 7, Mayleben and Burdi teach a hydraulic pump comprising all the limitations of claim 2, as detailed above, but does not teach the electrodes located in the upper half of the wet chamber. Ward teaches a pump wherein
electrodes (124, 126) are arranged in such a way that they are located in an upper half of a wet chamber (12) when a hydraulic pump is in an installation position (Fig. 17; paragraph [0052]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the pump taught by Mayleben with the electrode locations taught by Ward, in order to accommodate physical requirements relating to the water level in the chamber (Ward paragraph [0052]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Saich, Mauro, Kragelund, Farr and Guillemot also teach similar pumps as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746