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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it exceeds 150 words (167 words). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 38 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 38 mentions “an axis of the motor shaft”, wherein it is unclear if this is the same axis of the motor shaft mentioned in parent claim 36. For the purposes of examination, this limitation will be interpreted as “the axis of the motor shaft” in order to establish antecedent basis.
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) 36-37 and 39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Quintarelli et al. (herein Quintarelli) (US 2017/0350388). Regarding Claim 36:In Figures 1-14, Quintarelli discloses a pump (peristaltic dosing pump, see paragraph [0045]) comprising: a pump head (200) comprising at least a first interface portion (hub 250 of the rotor housed within the head 200); a body housing (100); a motor (130) disposed within the body housing (as seen in Figure 2); and a motor shaft (shaft connected to pinion 135, see Figure 3b, henceforth referred to as 135) extending from the motor (as seen in Figure 3b), the motor shaft (135) defining an axis in a direction (axis extending from 135 in an axial direction shown in Figure 2, henceforth referred to as MA), the body housing (100) comprising at least a second interface portion (127), the first interface portion and the second interface portion configured to face one another in the direction of the axis of the motor shaft (as seen in Figure 13 and mentioned in paragraph [0053]: “the (fourth) secondary pinion 127 of which is in turn configured to be mechanically connected to the hub of the rotor housed within the head 200, when the latter is coupled to the housing 100, so that the rotor is set in rotation when the electric motor is operated.” This clearly shows that the first interface portion and the second interface portion face each other in the axial direction which matches the axial direction of the motor axis MA); wherein, the pump head (100) is (1) mountable in a first position (first position shown in Figures 13a-b, henceforth referred to as FP) with the first interface portion transverse to the motor shaft (as evident from the Figures the first interface portion 250 would be transverse to the motor shaft as viewed in one horizontal plate perpendicular to the shaft) and (2) mountable in a second position (second position shown in Figures 13c-d, henceforth referred to as SP) with the first interface portion transverse to the motor shaft (as mentioned above), wherein the second position (SP) is angularly rotated with respect to the axis of the motor shaft relative to the first position (as evident from Figures 13b and 13d, the pump head is rotated by 90° between the first and second positions. Also mentioned in paragraphs [0065]-[0066]).Regarding Claim 37:In Figures 1-14, Quintarelli discloses the pump, wherein the second position is angularly rotated about 90° with respect to the axis of the motor shaft relative to the first position (as evident from Figures 13b and 13d, the pump head is rotated by 90° clockwise between the first and second positions. Also mentioned in paragraphs [0065]-[0066]).Regarding Claim 39:In Figures 1-14, Quintarelli discloses the pump, wherein the pump is a peristaltic pump (peristaltic dosing pump, see paragraph [0045]).
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(s) 32-33, 35 and 40-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quintarelli et al. (herein Quintarelli) (US 2017/0350388) as evidenced by Beaudry et al. (herein Beaudry) (US 2022/0178366). Regarding Claims 32 and 40:In Figures 1-14, Quintarelli discloses a pump (peristaltic dosing pump, see paragraph [0045]) comprising: a pump head (200) comprising at least a first interface portion (hub 250 of the rotor housed within the head 200); a body housing (100); a motor (130) disposed within the body housing (as seen in Figure 2); and a motor shaft (shaft connected to pinion 135, see Figure 3b, henceforth referred to as 135) extending from the motor (as seen in Figure 3b), the motor shaft (135) defining an axis in a direction (axis extending from 135 in an axial direction shown in Figure 2, henceforth referred to as MA), the body housing (100) comprising at least a second interface portion (127), the first interface portion and the second interface portion configured to face one another in the direction of the axis of the motor shaft (as seen in Figure 13 and mentioned in paragraph [0053]: “the (fourth) secondary pinion 127 of which is in turn configured to be mechanically connected to the hub of the rotor housed within the head 200, when the latter is coupled to the housing 100, so that the rotor is set in rotation when the electric motor is operated.” This clearly shows that the first interface portion and the second interface portion face each other in the axial direction which matches the axial direction of the motor axis MA); wherein, the pump head (100) is (1) mountable in a first position (first position shown in Figures 13a-b, henceforth referred to as FP) with the first interface portion transverse to the axis of the motor shaft (as evident from the Figures the first interface portion 250 would be transverse to the motor shaft as viewed in one horizontal plate perpendicular to the shaft) and (2) mountable in a second position (second position shown in Figures 13c-d, henceforth referred to as SP) with the first interface portion transverse to the axis of the motor shaft (as mentioned above), wherein the second position (SP) is angularly rotated with respect to the axis of the motor shaft relative to the first position (as evident from Figures 13b and 13d, the pump head is rotated by 90° between the first and second positions. Also mentioned in paragraphs [0065]-[0066]); and pump electronics configured to operate the motor (for instance trimmers for adjusting the speed of the motor located on the printed circuit board within 100, see paragraph [0051] and other electronics mounted on the PCB to control the motor, see Figure 9 and paragraphs [0055] and [0069]), wherein the pump electronics are disposed within the pump (see paragraph [0051]) (per claims 32 and 40). Quintarelli is silent regarding whether the pump electronics are configured to operate the motor in a maintenance mode when the first interface portion does not contact the at least a second interface portion (per claims 32 and 40).However, it is evident from Quintarelli’s disclosure that the pump head (200) can be detached from the body housing (100) and the motor can still be operated in this condition (since all the motor components are housed separately in the body housing). Quintarelli also discloses that the motor speed can be adjusted by trimmers (163) located on a PCB (see paragraphs [0051] and [0069]). Furthermore, as mentioned in paragraph [0057], Quintarelli discloses that the pump is designed for simplifying assembling, installation and maintenance operations. Additionally, Beaudry discloses that a pump head (102) can be easily removed from a motor (104) for inspection of the motor during a maintenance operation such that if the motor fails inspection or the pump head fails inspection, they can be easily replaced (see paragraphs [0011] and [0069]). It is also extremely well known in the art that during motor inspection it has to be operated to ensure that it is functioning satisfactorily.Hence, based on common knowledge in the art and the evidence provided by Beaudry, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have configured the pump electronics to operate the motor in a maintenance mode when the first interface portion does not contact the at least a second interface portion (i.e., when the pump head 200 is decoupled from the body housing 100), such that the motor could be inspected for faults (as evidenced by Beaudry) by operating it in this decoupled inspection mode (i.e., maintenance mode), and could be replaced easily if a fault was discovered, thereby improving the ease of maintenance. Note: The phrase “maintenance mode” is interpreted as any operation of the motor during a maintenance operation such as motor inspection. Regarding Claims 33 and 41:Quintarelli as modified is silent regarding whether the pump electronics are configured to operate the motor at a higher rate of speed than the maintenance mode when the at least a first interface portion contacts the at least a second interface portion (per claims 33 and 38).Quintarelli discloses trimmers (163) located on a PCB to adjust the speed of the motor as desired (see paragraphs [0051] and [0069]) .One of ordinary skill in the art would realize that in the maintenance mode wherein the motor was being inspected (as mentioned in the rejection of claim 32), the speed of the motor could be adjusted to be slower than in a regular mode when the pump head was coupled to the body housing thereby ensuring contact between the first interface portion and the second interface portion. Doing so would be obvious to try and would yield predictable results such as ensuring the safety of the operator during maintenance by rotating the motor at a slower speed than during normal operation and further ensuring that the movement of the motor could be easily monitoring visually including any potential problems with Quintarelli’s reduction gears. Regarding Claim 35:In Figures 1-14, Quintarelli discloses the pump, wherein the pump is a peristaltic pump (peristaltic dosing pump, see paragraph [0045]).
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quintarelli et al. (herein Quintarelli) (US 2017/0350388).
Regarding Claim 35:In Figures 1-14, Quintarelli discloses the pump, wherein the at least a first interface portion (the first interface portion can include the outer walls of the pump head 200) and the at least a second interface portion (the second interface portion can include the outer walls of the body housing 100 that contacts and interfaces with outer walls forming the first interface portion as seen in Figure 13b) each comprise sections disposed about the axis (MA) of the motor shaft (as evident from Figure 13b, each of these first and second interfaces portions comprise walls that form sections disposed around the motor axis MA).Quintarelli fails to disclose that the first and second interface portions have two arcuate portions. It would have been an obvious matter of design choice to change the shape of the first and second interface portions to have two arcuate sections each (for instance by rounding the corner of each edge interface between two adjacent walls of each of the pump head and the body housing, thereby preventing sharp edge conners, wherein each rounded edge would be an arcuate section ensuring that each of the first interface portion and the second interface portion would have at least two (four) arcuate sections), since such a modification would have involved a mere change in the shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. Doing so would also be obvious to try since it would yield predictable results such as preventing sharp edges at the corners of the pump, thereby ensuring safety of the operators by providing smooth rounded handling edges.
Allowable Subject Matter
Claims 34 and 42 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.
Claims 34 and 42 each recite: the at least a first interface portion and the at least a second interface portion each comprise a conductive section disposed with respect to the axis of the motor shaft so as to span an angle of at least 45 degrees with respect to the motor shaft when the pump head is mounted to the body housing.
Quintarelli discloses no such conduction sections and there would be no reasonable motivation to add such conductive sections to span the claimed angle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20100008793 – Safety switch to detect pump head position. US 6358224 – Pump head coupled to motor. US 20120224987 – Pump head with variable position.US 20090056123 – Pump head rotatable 360° with respect to motor. See appended PTO-892 for more relevant prior art related to pump heads and/or peristaltic pumps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINICK L PLAKKOOTTAM whose telephone number is (571)270-7571. The examiner can normally be reached Monday - Friday 12 pm -8 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746
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