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
Applicant's election with traverse of Species C in the reply filed on 09 June 2026 is acknowledged. However, the arguments on p. 23 are found persuasive and the requirement for Election of Species is withdrawn.
Claims 1-30 are pending in the application.
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.
Claims 2 and 15 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.
In reference to claim 2, claim 1 recites a seal element comprising at least one component comprising a first component including a first material and a second component including a thermally conductive material. Claim 2 appears to further define the thermally conductive material of the second component first recited in claim 1. However, Claim 2 recites “integrated with one or more of the seal elements, applied about one or more of the seal elements, or combinations thereof” in lines 8-9 and “within the first material...”. Neither the “seal elements” or “first material” are constituents of the second component, thereby rending the claim indefinite. For purposes of examination “the thermally conductive material” recited in lines 1-2 of the claim will be interpreted as “the sealing assembly”.
Claim 15 recites the limitation "the carbon fibers" in line 3 (carbon fiber is recited in claim 14 with regards to the second material). There is insufficient antecedent basis for this limitation in the claim.
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) 1-8, 12-18, 20-23 and 25-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0377356 A1 to Miller et al. (Miller).
In reference to claim 1, Miller discloses a high-pressure reciprocating pump (par. 0003) comprising: a housing (102; Fig. 8); at least one plunger assembly including a plunger (106) received within a plunger bore extending through the housing and positioned to move in a reciprocating motion along the plunger bore for pumping a fluid through a fluid chamber; and a sealing assembly (Fig. 8) comprising a plurality of seal elements (110, 112, 114, 118), at least one seal element of the plurality of seal elements including at least one component (50, 68, 110, 88; Figs. 5-9) positioned to increase dissipation of heat due to movement of the plunger along the plunger bore in contact with the sealing assembly (any of the seals are capable of transferring heat), the at least one component comprising: a first component including a first material (90 or alternatively 96/61/62, or alternatively, 74) having a thermal conductivity and a coefficient of friction (any material possess these characteristics), and a second component (the other of 90 or 96/61/62 or 74) including one or more of (a) a thermally conductive material having a thermal conductivity greater than the thermal conductivity of the first component or (b) a low coefficient of friction material having a coefficient of friction lower than the coefficient of friction of the first material (96 is disclosed as including a fabric comprising nylon, polyester, aramid or fiberglass and 90 as either nitrile or butadiene rubber; a pair of these materials can be selected to meet the limitation, for example: butadiene rubber has a thermal conductivity of 0.25W/mK and static dry CoF of 0.5-0.86; nylon has a thermal conductivity of 0.17 and CoF of 0.4).
In reference to claim 2, Miller discloses the high-pressure reciprocating pump of claim 1, wherein the thermally conductive material (as the thermally conductive material is optional from claim 1, the limitations of the entire claim are also considered optional) comprises one or more of: (a) boron nitride, graphene, Silicon or SI-containing compounds, carbon nanotubes, Aluminum or Al-containing compounds, Copper or Cu-containing compounds (118 is brass, par. 0032), Zinc or Zn-containing compounds, brass (118 is brass, par. 0032), bronze, silver, silver alloys, steel, steel alloys, magnesium containing compounds, carbon fibers, or combinations thereof; (b) a plurality of fibers (par. 0035), flakes, filaments, a mesh, sheet material, strips, ribbons, chips, or combinations thereof, of a metal and/or metal alloy integrated with one or more of the seal elements, applied about one or more of the seal elements, or combinations thereof; or (c) one or more layers of a woven mesh, non-woven, a woven fabric (par. 0035), or non-woven fabric, or a combination thereof embedded within the first material, mixed or blended first material, attached to the first material, or combinations thereof.
In reference to claim 3, Miller discloses the high-pressure reciprocating pump of claim 1, wherein the first component comprises a core (90, 52, 70), and the second component (96, 74, 60, 61) comprises a thermally conductive reinforcing fabric including a woven, non-woven, knit, short fiber, or combinations thereof (par. 0035).
In reference to claim 4, Miller discloses the high-pressure reciprocating pump of claim 1, wherein the at least one component configured to increase dissipation of heat comprises one or more of: (a) a thermally conductive reinforcing fabric, the thermally conductive reinforcing fabric comprising: a plurality of thermally conductive fibers including about 5% to about 100% carbon fiber, about 0% to about 95% of secondary fibers including aramid fibers, cotton fibers, PET fibers, or combinations thereof, and a binder comprising urethane, elastomers, thermoplastics, rubbers, or combinations thereof (interpreted as optional); or (b) a base material including a wear resistant material (par. 0034), a low coefficient of friction material (par. 0034), or a combination thereof, and an additive material having a thermal conductivity greater than a thermal conductivity of the base material, or a low coefficient of friction material having a coefficient of friction lower than a coefficient of friction of the base material, or a combination thereof (96 is disclosed as including a fabric comprising nylon, polyester, aramid or fiberglass and 90 as either nitrile or butadiene rubber; a pair of these materials can be selected to meet the limitation, for example: butadiene rubber has a thermal conductivity of 0.25W/mK and static dry CoF of 0.5-0.86; nylon has a thermal conductivity of 0.17 and CoF of 0.4).
In reference to claim 5, Miller discloses the high-pressure reciprocating pump of claim 4, wherein the base material comprises an elastomer (par. 0034), thermoplastic polymer, thermosetting polymer, elastomeric polymer, thermosetting plastics, natural rubber (par. 0034), synthetic rubber (par. 0034), nitrile (par. 0034), butadiene rubber (par. 0034), polyether ether ketone (PEEK), fabric reinforced rubber, aramid reinforced rubber, fiber reinforced rubber, fluorocarbon resins, thermoplastic polyurethane (TPU), thermoplastic copolyester (COPE), ethylene propylene diene monomer (EPDM), highly saturated nitrile rubber (HNBR), polytetrafluoroethylene (PTFE), thermoplastic polyurethane (TPU), RESILON, polyurethane, or combinations thereof.
In reference to claim 6, Miller discloses the high-pressure reciprocating pump of claim 1, wherein at least one of the seal elements (50, 68, 110) includes a thermally conductive reinforcing fabric (par. 0034) and further comprises at least one of a pressure ring (112, 114) and a header ring (110), the thermally conductive reinforcing fabric comprising one or more of: (a) about 5% to about 100% carbon fiber (optional); (b) about 0% to about 95% of secondary fibers comprising aramid fibers (par. 0035), cotton fibers (par. 0035), PET fibers (par. 0035), or combinations thereof; (c) about 0% to about 95% of a binder comprising: urethane, elastomers, thermoplastics, rubber (par. 0035), or combinations thereof; or (d) carbon fiber and a binder, the binder comprising an elastomer, urethane, thermoplastic rubber, fiber reinforced rubber, PTFE, or combinations thereof (optional).
In reference to claim 7, Miller discloses the high-pressure reciprocating pump of claim 1, wherein one or more of: (a) the at least one of the seal elements comprises a core wrapped with a thermally conductive reinforcing fabric (Figs. 6, 7); (b) the plunger bore includes a packing recess defined therealong and a packing sleeve positioned along the packing recess between the sealing assembly and the housing (see Fig. 8); or (c) the at least one plunger includes a coating, the coating comprising a thermally conductive material, a reduced friction material or a combination thereof (interpreted as optional).
In reference to claim 8, Miller discloses the high-pressure reciprocating pump of claim 1, wherein one or more of: (a) the high-pressure reciprocating pump further comprises a power end coupled to the housing and configured to transfer power for driving the reciprocating motion of the plunger along the plunger bore (inherent property of a pump); (b) the at least one seal element further comprises a heat sink defined along at least a portion thereof (any element depicted in Fig. 8 can be considered a “heat sink”); or (c) the at least one seal element comprises a pressure ring (112, 114) or a header ring (110).
In reference to claim 12, Miller discloses the high-pressure reciprocating pump of claim 1, wherein the plurality of seal elements comprises one or more of a lantern ring, a lube seal, an adaptor ring (116), a pressure ring (112, 114), or a header ring (110).
In reference to claims 13-18 and 20, the pump claimed is substantively identical to the limitations recited in claims 1-8 and 12. See rejections above; the same rationale applies.
In reference to claims 21-23 and 25, the pump claimed is substantively identical to the limitations recited in claims 1-8 and 12. See rejections above; the same rationale applies.
In reference to claim(s) 26-29, under the principles of inherency, the prior art apparatus of Miller would necessarily perform the method(s) claimed in its normal and usual operation and thereby meets the limitations of the claim(s).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9-11 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller as applied to claims 8 and 21 above, and further in view of CN 215334442 U to Ding (Ding).
In reference to claims 9-11 and 24, Miller discloses the pump of claim 8 and sealing assembly of claim 21, further including the at least one seal element comprises a pressure ring (112, 114; Fig. 8) or a header ring (110) and the thermally conductive reinforcing fabric material comprising a fiber and binder (pars. 0027-0029) is molded to form the at least one seal element (see Figs. 5-7); but fails to explicitly disclose the particular component materials. However, Ding discloses a packing seal for a shaft of a piston pump (par. 0002) wherein the at least one component of the at least one seal element comprises a thermally conductive reinforcing fabric material including carbon fiber (303; Fig. 4, par. 0008), a binder material (silicone, par. 0008) and a low coefficient of friction material (PTFE, 304). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have simply substituted the known seal material disclosed by Ding for the known sealing material of Miller. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, as it has been held that the simple substitution of one known element for another to obtain predictable results is obvious (see MPEP 2141).
Claim(s) 19 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller as applied to claims 13 and 26 above, and further in view of US 2020/0386223 A1 to Hurst et al. (Hurst).
In reference to claim 19, Miller discloses the high-pressure reciprocating pump of claim 13, but fails to explicitly disclose a plunger coating. However, Hurst discloses a similar pump comprising a plunger (18; Figs. 2-5) wherein the plunger includes a plunger coating to a surface of the plunger applied thereto, and wherein the plunger coating includes a filler material comprising a high thermal conductivity material, the high thermal conductivity material of the plunger coating comprising boron nitride, graphene, Silicon or SI-containing compounds, carbon nanotubes, Aluminum or Al-containing compounds (aluminum, alumina; par. 0068), Copper or Cu-containing compounds, Zinc or Zn-containing compounds, brass, bronze, silver, silver alloys, steel, steel alloys, magnesium containing compounds, or a combination thereof. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the plunger coating disclosed by Hurst into the pump of Miller. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, as Hurst teaches that doing so advantageously provides for an indicator that the plunger needs maintenance (par. 0006).
In reference to claim(s) 30, under the principles of inherency, the prior art apparatus of the modified Miller would necessarily perform the method(s) claimed in its normal and usual operation and thereby meets the limitations of the claim(s).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2023/0047066 A1, 11,143,305 B1 and 2019/0170137 A1 each disclose a pump that appears to also anticipate at least claims 1, 13, 21 and 26 and may be relied upon in a subsequent Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MATTHIAS whose telephone number is (571)272-5168. The examiner can normally be reached Monday-Wednesday 10am - 6pm Pacific Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi III 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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/JONATHAN R MATTHIAS/Primary Examiner, Art Unit 3746
24 June 2026
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