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 without traverse of Species 1 in the reply filed on 06/25/2026 is acknowledged. Claims 1-6, 9, 11-15, and 17-20 are examined. Claims 7-8, 10, and 16 are withdrawn.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Interpretations
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claims 1 and 17 - “a first connecting assembly” and “a second connecting assembly” read as an assembly [means] for connecting.
Claim 14 - “restraining portion” read as a portion [means] for restraining.
has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use generic placeholders:
Claims 1 and 17 – “assembly”
Claim 14- “portion”
coupled with functional language:
“for connecting”
“for restraining”
without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
Corresponding structure is found in [0010].
Corresponding structure is found in [0017].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 5 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 pre-AIA the applicant regards as the invention.
Claim 5 recites the limitation "and is shorter than a length of the second bolt" in line 3. It is unclear whether this limitation is comparing to the length of the axial force shaft or the length of the (first) bolt. Due to the ambiguity and lack of clarity of the limitation, the metes and bounds cannot be determined of the claim, rendering the claim indefinite.
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 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.
Claims 1-2, 11-13, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tombers et al. (U.S. 6,499,969).
Regarding claim 1, Tombers et al. discloses a rotary machine (Fig. 1) comprising:
a rotatable hollow shaft (140) including a first end (i.e., leftward end at location 134 shown in Fig. 5) and a second end (i.e., rightward end at location 134, Fig. 5);
a connected body (152, Fig. 5) accommodated within an internal space of the hollow shaft (as shown in Fig. 5) and restricted from movement in an axial direction of the hollow shaft (i.e., the body 152 is constrained in the axial direction via the attachment and fixture of the wheels 154, 158 onto the body 152);
a first impeller (158) located at the first end of the hollow shaft (i.e., the impeller 158 extends to the first end at leftward 134 location, as shown in Fig. 5) and rotatable together with the hollow shaft (Col. 4, lines 19-22);
a second impeller (154) located at the second end of the hollow shaft (i.e., the impeller 154 extends to the second end at rightward 134 location, as shown in Fig. 5) and rotatable together with the hollow shaft (Col. 4, lines 19-22);
a first connecting assembly (i.e., a nut is threaded onto leftward threaded end of the body 152 to connect the impeller 158 to the body 152) connecting the first impeller and the connected body (as shown in Fig. 5); and a second connecting assembly (i.e., threaded rightmost male end of body 152 engages with female threaded end of impeller 154, Col. 4, lines 17-19) connecting the second impeller and the connected body (as shown in Fig. 5).
Regarding claim 2, Tombers et al. discloses wherein the first impeller (158) has a bolt hole extending in the axial direction (i.e., bolt of body 152 extends axially through the center hole of the impeller 158, as shown in Fig. 5), and
wherein the first connecting assembly includes: a bolt (i.e., threaded bolt of body 152 shown in Fig. 5) inserted into the bolt hole (Fig. 5), wherein the bolt has an inner end connected to the connected body (i.e., inner rightmost end of the bolt is integrally connected to the center portion of body 152, as shown in Fig. 5) and an outer end protruding from the bolt hole (i.e., leftmost end of bolt protrudes from the bolt hole and is threaded, as shown in Fig. 5); and a nut (i.e., nut shown in Fig. 5) screwed to the outer end of the bolt and fixing the first impeller (158) to the first end of the hollow shaft (i.e., as shown in Fig. 5).
Regarding claim 11, Tombers et al. discloses wherein a rotary machine (Fig. 1) comprising: a first impeller (158, Fig. 5);
a second impeller (154);
a rotatable hollow shaft (140) located between the first impeller and the second impeller (as shown in Fig. 5), and configured to rotate together with the first impeller and the second impeller (Col. 4, lines 17-21);
a first columnar portion (i.e., left portion “A” of the body 152, Fig. 5’ below) located inside of the hollow shaft (140), and connected to the first impeller (158, as shown in Fig. 5);
a second columnar portion (i.e., right portion “B” of the body 152) located inside of the hollow shaft (140), and connected to the second impeller (154, as shown in Fig. 5); and an axial force shaft (central portion of 152, as shown in Fig. 5) extending in an axial direction of the hollow shaft (140), connecting the first columnar portion and the second columnar portion (as shown in Fig. 5).
Regarding claim 12, Tombers et al. discloses wherein a gap (“g”, Fig. 5’ below) is formed between an outer surface of the axial force shaft (152) and an inner surface of the hollow shaft (140).
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Fig. 5’
Regarding claim 13, Tombers et al. discloses wherein the first columnar portion contacts the inner surface of the hollow shaft (i.e., as shown in Fig. 5’, in first columnar portion “A” is a portion to the right of the gap “g” that contacts the inner surface of hollow shaft 140), wherein the second columnar portion contacts the inner surface of the hollow shaft (a left portion of portion “B” contacts the inner surface of shaft 140), and wherein the gap is formed between the first columnar portion and the second columnar portion in the axial direction (as shown in Fig. 5’, gap “g is between “A” and “B” in the axial direction).
Regarding claim 17, Tombers et al. discloses a first connecting assembly (i.e., a nut is threaded onto leftward threaded end of the body 152 to connect the impeller 158 to the body 152) connecting the first impeller and the first columnar portion (“A”, as shown in Fig. 5’); and a second connecting assembly (i.e., threaded rightmost male end of body 152 engages with female threaded end of impeller 154, Col. 4, lines 17-19) connecting the second impeller and the second columnar portion (“B”. as shown in Fig. 5’).
Regarding claim 18, Tombers et al. discloses wherein the first impeller (158) has a first bolt hole extending in the axial direction (i.e., bolt hole wherein the left columnar portion “A” extends therethrough, as shown in Fig. 5’), wherein the second impeller (154) has a second bolt hole (i.e., threaded bolt hole in the axial direction shown in Fig. 5) extending in the axial direction, wherein the first connecting assembly includes a first bolt inserted into the first bolt hole and screwed to the first columnar portion (i.e., the nut at the leftmost end of the impeller 158 accomplishes the screwing of the first columnar portion “A” to the impeller 158, as shown in Fig. 5’), and wherein the second connecting assembly includes a second bolt inserted into the second bolt hole and screwed to the second columnar portion (i.e., a rightmost end of the columnar portion “B” is screwed into the bolt hole of the impeller 154 to accomplish the screwing of the columnar portion “B” into the impeller 154, as shown in Fig. 5’).
Allowable Subject Matter
Claims 3-4, 6, 9, 14-15 and 19-20 are 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.
Regarding claim 3, Tombers et al. fails to disclose or suggest wherein the second impeller has a second bolt hole extending in the axial direction, and wherein the second connecting assembly includes: a second bolt inserted into the second bolt hole, wherein the second bolt has a second inner end connected to the connected body and a second outer end protruding from the second bolt hole; and a second nut screwed to the second outer end and fixing the second impeller to the second end of the hollow shaft.
Claims 4 and 6 would be allowable due to their dependency on claim 3.
Claim 5 would be allowable if the 112 rejection is overcome due to its dependency on claim 3.
Regarding claim 9, Tombers et al. fails to disclose or suggest wherein the hollow shaft includes a stopper protruding from an inner surface of the hollow shaft and located between the connected body and the first impeller.
Regarding claim 14, Tombers et al. fails to disclose or suggest a restraining portion located between the first columnar portion and the first impeller in the hollow shaft, and being configured to restrict axial movement of the first columnar portion relative to the hollow shaft.
Claim 15 would be allowable due to its dependency on claim 14.
Regarding claim 19, Tombers et al. fails to disclose or suggest wherein a length of the axial force shaft in the axial direction is shorter than a length of the first bolt, and wherein the length of the axial force shaft is shorter than a length of the second bolt.
Regarding claim 20, Tombers et al. discloses wherein the first connecting assembly includes a first nut screwed to the first bolt and clamping the first impeller between the first nut and the hollow shaft (i.e., a nut is shown in Fig. 5 that is used to clamp the first impeller 158 to the hollow shaft 140), but fails to disclose or suggest wherein the second connecting assembly includes a second nut screwed to the second bolt and clamping the second impeller between the second nut and the hollow shaft.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ZAMORA ALVAREZ whose telephone number is (571)272-7928. The examiner can normally be reached Monday-Friday 7:30 am- 5:00 pm EST alternating Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, COURTNEY HEINLE can be reached at (571)270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC J ZAMORA ALVAREZ/Primary Examiner, Art Unit 3745 07/31/2026
