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 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.
Claim(s) 1-9, 13-17, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0284843 to Jager
In Reference to Claim 1
Jager discloses:
A stator for an eccentric screw pump, comprising
a stator body 3 having a supporting jacket 3a, 3b, 3c and an elastic inner lining 12, with which the jacket is provided,
wherein the jacket and the inner lining are in each case formed with a thermoplastic plastic material, see paragraph [0027].
In Reference to Claim 2
Jager discloses:
wherein the stator body is produced in a two-component injection molding process, see paragraph [0034].
In Reference to Claim 3
Jager discloses:
A stator , Fig.7, for an eccentric screw pump, comprising
a stator body having a supporting jacket 3a 3b 3c and an elastic inner lining 12, with which the jacket is provided, wherein the jacket is formed with a thermoplastic plastic material, see paragraph [0027], the inner lining is formed with a material with elastomeric properties and the stator body is produced in a two- component injection molding process or in an at least two-stage casting process, see paragraph [0034].
In Reference to Claim 4
Jager discloses:
wherein the jacket forms a direct bond with the inner lining, see fig.7.
In Reference to Claim 5
Jager discloses:
wherein the inner lining is formed with an essentially even wall thickness, see Fig.7
In Reference to Claim 6
Jager discloses:
wherein the jacket 3a, 3b, 3c is connected to the inner lining on the inner side at a connecting surface, which is formed in a screw surface-like manner (see Fig.7) at least in sections and which is in particular formed in a double-threaded screw surface-like manner, see Fig.7.
In Reference to Claim 7
Jager discloses:
wherein on the outer side, the jacket has a screw surface-like outer surface at least in sections, in particular a double-threaded screw surface-like outer surface, see fig.7
In Reference to Claim 8
Jager discloses:
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wherein the screw surface-like outer surface is modified area B by area at least by means of additional demolding surfaces.
In Reference to Claim 9
Jager discloses:
A stator for an eccentric screw pump, comprising
a stator body having a jacket 3a 3b 3c and an elastic inner lining 12 with which the jacket is provided on the inner side,
wherein the jacket has a screw surface-like outer surface, see fig.7 on the outer side at least in sections, which is modified area B at least by means of additional demolding surfaces.
In Reference to Claim 13
Jager discloses:
wherein two or more of the demolding surfaces are provided in each case on the outer side of the jacket on both opposite longitudinal sides of the stator, see fig.7 7a 7b 7c.
In Reference to Claim 14
Jager discloses:
wherein the demolding surfaces are formed and arranged in such a way that the demolding surfaces or at least some of them can be used to handle the stator or the jacket or both during the production of the stator or to handle the stator during the assembly thereof on a rotor of the eccentric screw pump or for such handling processes in combination, in particular are suitable or provided as contact surfaces for a handling tool or a mounting tool.
It should be appreciated that the applicant' s functional language in the claims does not serve to impart patentability. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior apparatus teaches all the structural limitations of the claims. See MPEP 2114. Furthermore, demolding surface stator is capable of performing the claimed function.
In Reference to Claim 15 and 16
Jager discloses:
wherein the inner lining is formed with a thermoplastic elastomer or a thermoplastic polyurethane; wherein the jacket is formed with a polyamide or a polypropylene or a thermoplastic polyurethane, see claim 31 of Jager and paragraph [0027].
In Reference to Claim 17
Jager discloses:
wherein that the inner lining is formed with a thermoplastic elastomer and the jacket is formed with a polypropylene; or that the inner lining is formed with a thermoplastic elastomer and the jacket is formed with a polyamide; or that the inner lining is formed with a thermoplastic polyurethane and the jacket is formed with a polyamide; or that the inner lining is formed with a thermoplastic polyurethane, which is set to be soft, and the jacket is formed with a thermoplastic polyurethane, which is set to be hard, see paragraph [0027].
wherein the inner lining is formed with a cross-linked elastomer and in particular that the jacket is formed with a polyamide.
In Reference to Claim 19
Jager discloses:
An eccentric screw pump comprising
a rotor, see paragraph [0002] and a stator 2 for an eccentric screw pump,
with a stator body having a supporting jacket 3a 3b 3c and an elastic inner lining 12, with which the jacket is provided, wherein the jacket and the inner lining are in each case formed with a thermoplastic plastic material wherein the stator is formed for a cooperation with the rotor , see paragraph [0027] and receives the rotor at least in sections, see Fig.7.
Reasons for Allowance
Claims objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims primarily because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Furthermore, the prior art of record does not teach “wherein the demolding surfaces are in each case formed to be essentially flat or essentially flat at least in sections or that the demolding surfaces are in each case formed to be curved and are in particular hereby formed from generatrixes, which are parallel to one another.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 10;
The prior art of record does not teach “wherein a wall thickness of the jacket is reduced in the area of the demolding surfaces compared to other areas of the jacket, in which the latter has the screw surface-like outer surface.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 11; and
The prior art of record does not teach “the deforming surfaces are arranged on the outer side of the jacket on both sides of the center plane with respect to a center plane of the stator, in which a longitudinal stator axis of said stator lies and in particular that the demolding surfaces are arranged adjacent to the center plane or that the jacket is provided with reinforcing ribs on the outer side and that the demolding surfaces are arranged adjacently to at least one of the reinforcing ribs.
” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 12.
The prior art of record does not teach “wherein the inner lining is formed with a cross-linked elastomer and in particular that the jacket is formed with a polyamide as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 18
Therefore, the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY AYALA DELGADO whose telephone number is (571)270-3452. The examiner can normally be reached on Mon-Fri 8:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark III Laurenzi can be reached on (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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/ANTHONY AYALA DELGADO/
Primary Examiner, Art Unit 3746
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