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 § 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.
Claims 1-6, 8-13 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sahm (U. S. Patent No. 10,443,586) in view of Frey et al. (U. S. Patent Application Publication No. 2014/0023530).
As to claim 1, Sahm discloses an apparatus (FIG.’s 1-7, Abstract) comprising:
a casing 20, 22 (col. 5, ll. 5-25, refer to an Annotated copy of Sahm FIG. 7 attached below, as shown and indicated, __formed broadly by casing/housing structures surrounding drive 20 and gas cylinder 22);
a first end plate Id., (shown on one side or drive 20), a second end plate (on opposite side of drive), a third end plate 50 (col. 5, ln. 45), and a fourth end plate 80 (col. 6, ln. 27) coupled to the casing (Annotated Sahm FIG. 7, as shown);
a first chamber 19 (FIG. 2, col. 5, ll. 10-15, one side of piston drive member 38 forms first chamber) and a second chamber (Id., other side of drive member 38) defined in the casing between the first end plate and the second end plate (as shown), the first end plate including a first inner surface and a first outer surface opposite the first inner surface (surfaces on either side of coupling block(s) or plates), the second end plate including a second inner surface and a second outer surface opposite the second inner surface, the first inner surface facing the second inner surface (plates have both inner and outer surfaces arranged as claimed);
a third chamber (FIG. 2, col. 4, ll. 60-68, labelled Gas Cylinder, formed by chamber in cylinder 22 on one side of piston 45) and a fourth chamber (other side of piston 45) defined in the casing between the third end plate 50 and the fourth end plate 80 (as shown), the third end plate including a third inner surface and a third outer surface opposite the third inner surface, the fourth end plate including a fourth inner surface and a fourth outer surface opposite the fourth inner surface, the third inner surface facing the fourth inner surface, the third outer surface facing the second outer surface (indicated plates have both inner and outer surfaces arranged in the manner claimed);
a first piston 38 (col. 5, ll. 20-25, formed by drive member 38) positioned in the casing between the first and second chambers (as shown);
an air supply 26 (col. 5, ln. 2, air inlet) fluidly coupled to the first and second chambers (shown schematically via lines 137, 39), the air supply 26 to provide compressed air to the first and second chambers in a reciprocating manner to drive movement of the first piston 38 (col. 5, ll. 10-20, by controller 30 using air switching valve as described);
a second piston 45 (col. 5, ln. 31) operatively coupled to the first piston (by drive rod 40), the second piston 45 positioned in the casing between the third and fourth chambers (shown), the movement of the first piston 38 to drive corresponding movement of the second piston 45; and
a stroke end switch 110, 111 (col. 6, ll. 60-68) coupled to one of the first surface of the first end plate (shown schematically on FIG. 2), the second surface of the second end plate (shown), the third surface of the third end plate, or the fourth surface of the fourth end plate, the stroke end switch 110, 111 to switch a flow direction of the compressed air between the first and second chambers (col. 6, ln. 65 to col. 7, ln. 10, engagement of switch coupled to controller 30 alternating air in tubes 39, 137 between chambers as described).
Sahm is silent as to the stroke end switch being coupled to respective outer surfaces of the first, second, third or fourth end plates. Sahm shows end switches 110,111 schematically arranged inside the chamber(s) but does not explicitly indicate how those switches are mounted. To this point, Frey teaches a piston pump having stroke switches 116-2 arranged at ends of plates 63B on the outer and inner surfaces in bores or through-holes for wired connection to an exterior controller (FIG. 13, para. 0055). Frey couples the switches via outer surfaces of the plates in bores or through holes so that the switch is arranged on the outer surface of the plate under the broadest reasonable interpretation of the terms. With this in mind, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to arrange the stroke end switch on the outer surface of the plate(s) in order to mount the switch on the plate providing a bore for its connection wiring to exterior controlling hardware as demonstrated by Frey.
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Annotated Sahm FIG. 7
As to claim 2, Sahm further discloses the first and second chambers are defined in an actuation cylinder of the casing between the first and second end plates (Annotated Sahm FIG. 7, as shown and indicated), and the third and fourth chambers are defined in a compression cylinder 22 (FIG. 2, col. 4, ll. 60-68, labelled Gas Cylinder) of the casing between the third 50 and fourth end plates 80.
As to claim 3, once modified, Frey further teaches a portion of the stroke end switch 116-2 is disposed in an opening in at least one of the first end plate (FIG. 13, as shown), the second end plate Id., the third end plate, or the fourth end plate, the opening extending between (a) the one of the first outer surface, the second outer surface, the third outer surface, or the fourth outer surface and (b) a corresponding one of the first inner surface, the second inner surface, the third inner surface, or the fourth inner surface (switches provided in openings configured as claimed under the broadest reasonable interpretation of the terms).
As to claim 4, Sahm further discloses the stroke end switch 110, 111 is operatively coupled to a control valve 30 (FIG. 2, Air Switching Control Valve) to direct the compressed air from the air supply 26 to the first and second chambers (col. 6, ln. 65 to col. 7, ln. 10, engagement of switch coupled to controller 30 alternating air in tubes 39, 139 between chambers as described).
As to claim 5, Sahm further discloses at least three rods coupling the first and second end plates and at least three rods coupling the third and fourth end plates (Annotated Sahm FIG. 7 as shown and indicated) but is silent as to the rods being threaded. To this point, providing threading on the rods for attachment to the plates would be common means of mechanical attachment between the components. With this in mind, the Examiner takes Official Notice that it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to provide threads on the rods for engagement to the plates__ a mechanical attachment means known to provide predictably secure attachment between components with expected results.
As to claim 6, Sahm further discloses at least one of a pressure relief valve, an air filter 21, or an air lubricator 25 (FIG. 2, col. 5, ll. 5-10, as labelled on drawing figure) operatively coupled between the air supply 26 and the first and second chambers (as shown).
As to claim 8, Sahm discloses an apparatus to compress a fluid (FIG.’s 1-7, Abstract), the apparatus comprising:
a first casing 20 (Annotated Sahm FIG. 7, as shown and indicated, formed by casing/housing structures surrounding drive 20);
a first end plate and a second end plate coupled to the first casing (Id., as shown), the first and second end plates defining a first chamber and a second chamber in the first casing (Id., as shown), the first end plate including a first inner surface and a first outer surface opposite the first inner surface, the second end plate including a second inner surface and a second outer surface opposite the second inner surface, the first inner surface facing the second inner surface (indicates plates having inner and outer surfaces arranged in the manner claimed);
a second casing 22 (FIG. 2, col. 4, ll. 60-68, formed at least in part by cylinder 22 and its surrounding structures) coupled to the first casing (Annotated Sahm FIG. 7, as shown and indicated);
a third end plate 50 (col. 5, ln. 45) and a fourth end plate 80 (col. 6, ln. 27) coupled to the second casing (shown), the third and fourth end plates defining a third chamber (FIG. 2, col. 4, ll. 60-68, labelled Gas Cylinder around cylinder 22, on one side of piston 45) and a fourth chamber (other side of piston 45) in the second casing (shown), the third end plate including a third inner surface and a third outer surface opposite the third inner surface, the fourth end plate including a fourth inner surface and a fourth outer surface opposite the fourth inner surface, the third inner surface facing the fourth inner surface, the third outer surface facing the second outer surface (inner and outer surfaces of plates arranged in the manner claimed);
a first piston 38 (col. 5, ll. 20-25, formed by drive member 38) positioned in the first casing between the first and second chambers (shown);
an air supply 26 (col. 5, ln. 2, air inlet) fluidly coupled to the first and second chambers (via lines shown), the air supply 26 to provide compressed air to the first and second chambers in a reciprocating manner to drive movement of the first piston 38 (col. 6, ll. 50-68, describing air supply operation by controller 30 and Air Switching Control Valve);
a second piston 45 (col. 5, ln. 31) operatively coupled to the first piston 38 (via rod 40), the second piston 45 positioned in the second casing between the third and fourth chambers (as shown), the movement of the first piston 38 to drive corresponding movement of the second piston 45 (as shown and described); and
a stroke end switch 110, 111 (col. 6, ll. 60-68) coupled to one of the first surface of the first end plate (shown schematically on FIG. 2), the second surface of the second end plate (shown), the third surface of the third end plate, or the fourth surface of the fourth end plate, the stroke end switch to switch a flow direction of the compressed air between the first and second chambers (col. 6, ln. 65 to col. 7, ln. 10, engagement of switch coupled to controller 30 providing alternating air in tubes 39, 137 between the chambers as described).
Sahm is silent as to the stroke end switch being coupled to respective outer surfaces of the first, second, third or fourth end plates. Sahm shows end switches 110,111 schematically arranged inside the chamber(s) but does not explicitly indicate how those switches are mounted. To this point, Frey teaches a piston pump having stroke switches 116-2 arranged at ends of plates 63B on the outer and inner surfaces in bores or through-holes for wired connection to an exterior controller (FIG. 13, para. 0055). Frey couples the switches via outer surfaces of the plates in bores or through holes so that the switch is arranged on the outer surface of the plate under the broadest reasonable interpretation of the terms. With this in mind, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to arrange the stroke end switch on the outer surface of the plate(s) in order to mount the switch on the plate providing a bore for its connection wiring to exterior controlling hardware as demonstrated by Frey.
As to claim 9, Sahm further discloses the third and fourth chambers are fluidly coupled to a pipe 60, 65 containing gas (FIG. 2, Gas Inlet/Outlet Manifolds 60, 65 interpreted as broadly forming at least one pipe containing gas coupled by lines shown).
As to claim 10, refer to the rejection of claim 3, supra.
As to claim 11, refer to the rejection of claim 4, supra.
As to claim 12, refer to the rejection of claim 5, supra.
As to claim 13, refer to the rejection of claim 6, supra.
As to claim 15, this is a method claim commensurate in scope with claim 8. It is rejected for the same reasoning and rationale provided in the statement of rejection of claim 8, supra.1
As to claim 16, refer to the rejection of claim 9, supra.
As to claim 17, refer to the rejection of claim 3, supra.
As to claim 18, refer to the rejection of claim 4, supra.
As to claim 19, refer to the rejection of claim 6, supra.
Claims 7, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sahm (U. S. Patent No. 10,443,586) in view of Frey et al. (U. S. Patent Application Publication No. 2014/0023530) as applied to claims 1, 8 or 15 above, further in view of Dhindsa et al. (U. S. Patent No. 5,846,056).
As to claims 7, 14 and 20, Sahm is discussed above, further disclosing an air reciprocator (FIG. 2, formed by Air Switching Control Valve 30, Control Valve Cutoff and lines 39), the air reciprocator to alternate flow of the compressed air between the first and second chambers (col. 6, ll. 55-58, inter alia). Sahm is silent as to a stroke counter operatively coupled to the air reciprocator with the stroke counter to display a stroke count corresponding to at least one of the first piston 38 or the second piston 45. To this point, Dhindsa teaches a reciprocating pumping system having a controller 220 that determines the number of pistons strokes over time and displays that information to a user on display 222 (col. 9, ll. 5-30). With this in mind, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to modify Sahm with a stroke counter and display so as to track the service life, track malfunctions and more efficiently manage operation of the pumping system as taught by Dhindsa (col. 3, ll. 17-30, inter alia).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH J HANSEN whose telephone number is (571)272-6780. The examiner can normally be reached Monday Friday 7:00 AM to 4:00 PM (MT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi 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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/KENNETH J HANSEN/Primary Examiner, Art Unit 3746
1 Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 231 USPQ 136 (Fed. Cir. 1986).
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