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 § 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 1-12 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.
Claim 1 recites the phrase “a base surface at the ends facing the shaft tube that agrees with the shaft tube or is slightly recessed”. This is indefinite because it is not clear what this limitation means or requires. “Agrees with” does not define a structural or geometric relationship known to one of ordinary skill in the art, and the utilization of “slightly recessed” similarly recites a term of degree that is not understood to define the scope.
Regarding claim 1, the phrase "preferably for use" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 2, 4, 6, 7, 8, and 9, the phrases "preferably" and “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 4 recites “the pumping station” (line 2), but then recites other limitations that are part of the pumping station (the overall assembly). Listing the pumping station alongside its own sub-components as items connected to one another renders the claim indefinite because a person of ordinary skill cannot determine what structure the pumping station refers in this context.
Claim 8 recites the limitation "the end position" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the volume stream" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 4-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gruen (DE 9315773).
Regarding claim 1, Gruen discloses a pumping station for a tank pump, preferably for use in the foods industry, chemical industry and/or pharmaceutical industry (intended use), comprising a pump tube (6) in which a rotor shaft (66) is accommodated for connecting a rotor (100, 101, 102) that is connected to the rotor shaft to a drive unit (2), wherein the rotor shaft is a tubular hollow shaft (66) that has been produced from a shaft tube (Figures 2, 4, 5; Paragraph 50), which is closed off on both sides by end-position connection pieces (67 and 106) composed of a solid material, characterized in that wherein on the basis of this both-sided closure, the hollow shaft is sealed and secured to prevent penetration of a conveyed medium (closing end position connection pieces seal both ends of the hollow shaft; Paragraph 48), wherein the end-position connection pieces of the hollow shaft are welded onto the shaft tube (Paragraph 68), and the end-position connection pieces have a base surface, at the ends facing the shaft tube, that agrees with the shaft tube or is slightly recessed (as shown in Figures 4, 5, 5A, the element 67 and 106 have base surfaces that match the profile of the hollow drive shaft and providing a flush or slightly recessed transition), wherein the transitions between the shaft tube and the connection pieces are smoothed in such a manner that a smooth, transition-free surface is formed (see Figures, 4, 5, 5a and paragraphs 31 and 68: no demarcations indicating anything but smooth transition, and utilized in chemical industry).
Regarding claim 2, Gruen discloses the pumping station according to claim 1 above. Gruen further discloses the end-position connection pieces of the hollow shaft or the shaft tube are configured to be round in cross-section (Figures 4-5).
Regarding claim 4, Gruen discloses the pumping station according to claim 1 above. Gruen further discloses the pumping station, the pump tube, the rotor, as well as the hollow shaft are connected to one another in a releasable manner (Paragraphs 30 and 59 describe the utilization of locking ring and locking bodies which provides a tool-free manually releasable quick-release connection).
Regarding claim 5, Gruen discloses the pumping station according to claim 1 above. Gruen further discloses the hollow shaft is mounted in a holding element (96) on the rotor side, so as to rotate.
Regarding claim 6, Gruen discloses the pumping station according to claim 5 above. Gruen further discloses the holding element is a bearing that forms a cylinder that is flattened on at least one side, which wherein the cylinder has a central passage opening to accommodate the hollow shaft (element 96 is a bearing star forming a cylindrical shape with a central passage opening for the shaft and adjacent media passages 98).
Regarding claim 7, Gruen discloses the pumping station according to claim 5 above. Gruen further discloses the holding element is accommodated on the hollow shaft so as not to rotate, and that wherein in the pump tube which prevents further rotation of the holding element in the assembled state (Paragraphs 52 and 65; holding element 96 with stop 22).
Regarding claim 8, Gruen discloses the pumping station according to claim 1 above. Gruen further discloses at least one of the hollow shaft, the rotor and a pump foot arranged on the pump tube in the end position are produced from a stainless steel (Paragraph 87).
Regarding claim 9, Gruen discloses the pumping station according to claim 8 above. Gruen further discloses seals are assigned to the pump tube, wherein the seals are produced from a chemical-resistant material (O-ring seals 50, 56, 62; Paragraphs 45-48; such O-rings are produced from a chemical-resistant material).
Regarding claim 10, Gruen discloses the pumping station according to claim 1 above. Gruen further discloses the transition between pump tube and the hollow shaft is sealed off by a sliding-ring seal (58), and the sliding-ring seal is held in its position in the pump tube, relative to the hollow shaft, by a steel spring (60).
Regarding claim 11, Gruen discloses the pumping station according to claim 1 above. Gruen further discloses all the contours within the pump tube (2) have smooth surfaces and smooth connection transitions (Figures 2 and 4 show the internal cross-sections of the pump tube with smooth internal contours and connection transitions between the bearing stars, seals, and shaft surfaces).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gruen (DE 9315773) in view of Gschwender (US 4530641).
Gruen disclose the pumping station according to claim 1 above.
Gruen fails to teach the end-position connection pieces of the hollow shaft are formed to be identical, and the hollow shaft has mirror symmetry.
Gschwender teaches a barrel pump hollow shaft with the same type of connection piece at both ends: “The drive shaft 9 consists of a hollow shaft with two tubes inside each other and an upper journal 2 as well as a lower journal 11 which are welded to the inner tube 8 of the hollow shaft”. This arrangement is shown in the Figures and the hollow shaft has the claimed mirror symmetry (Figure 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pumping station of Gruen such that the end-position connection pieces of the hollow shaft are formed to be identical, and the hollow shaft has mirror symmetry as taught by Gschwender for the purposes of simplifying manufacturing, reducing tooling requirements, and enabling interchangeable replacement components.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Gruen (DE 9315773) in view of Getze (US 20210292154).
Gruen disclose the pumping station according to claim 1 above.
Gruen fails to teach a through-flow counter for a precise amount determination of the volume stream is assigned either to the pump tube or to an outlet.
Getze teaches a through-flow counter for a barrel pump arrangement with an integrated through-flow counter using pressure sensors positioned in the pump pipe or outflow nozzle to determine the volume of conveyed medium (Paragraphs 7 and 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pumping station of Gruen such that a through-flow counter for a precise amount determination of the volume stream is assigned either to the pump tube or to an outlet as taught by Getze for the purposes of enabling volume determination of the conveyed medium for dosing and quality control.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN D SEABE whose telephone number is (571)272-4961. The examiner can normally be reached Monday-Friday, 9:00-5:30.
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/JUSTIN D SEABE/Primary Examiner, Art Unit 3745
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