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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 12, 2026 has been entered.
Information Disclosure Statement
The IDS filed February 13, 2026 includes a citation of a US PGPub document that is the publication of the instant application, since this is not prior art the document has been crossed off the IDS.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: recrystallization temperature needs antecedent basis in the disclosure.
Claim Objections
Claim 7 is objected to because of the following informalities:
In light of the multiple additions to claim 1 over the course of prosecution claim 7 now includes multiple redundant recitations related to machining the lateral surface and lubricating the assembly. These recitations should be removed from the claim, however this would only leave the requirement for the outer surface to be machined which would make claims 5 and 7 duplicate of each other. Therefore it is suggested that claim 7 be canceled.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
Claim(s) 3-5, 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter, USP 2,626,841, in view of Navarro, EP2905445, and further in view of Patterson, USP 3,371,398.
Regarding claim 3, Potter discloses a method for manufacturing a spherical bearing comprising: a step of positioning an outer ring (F, in the form of blank K) on an inner ring (A, see figure 4), the outer and inner rings respectively comprising an inner surface and an outer surface that are in contact with one another (see figure 4 showing the initial arrangement prior to the actual swaging step); and a step of swaging the outer ring onto the inner ring (pressing of the dies N and O), the outer surface (D) of the inner ring (A) being used as the die which imparts its shape to the inner surface of the outer ring (A is placed within the cavity of dies N and O to function as an inner die) by plastic deformation (presses and bends the outer ring), the swaging being carried out at a temperature below a recrystallization temperature of the outer ring [cold worked, in the remarks Applicant states that cold swagging means swaging that is carried out at a temperature below the recrystallization temperature] (the die pressing process is a known cold working process, see alternative rejection below), a step of lubricating the inner surface of the outer ring and the outer surface of the inner ring after the completion of the step of swaging (the outer ring includes feed duct J to apply lubricant to the finished product, thus at any point after swaging lubricant can be applied to the surfaces) and after the swaging step, a step of machining a plurality lateral faces of the swaged outer ring (as shown in figures 5 and 6, after coming out of the die the assembly is worked or machined to make the curved outer surface flat, see also column 3, line 53-column 4, line 9 discussing final shaping and trimming of the outer ring element, this trimming extends up to the dashed line in figure 5 which includes a portion of the lateral faces).
Potter does not disclose that the material of the outer ring is configured to withstand temperatures above three hundred degrees Celsius (Applicant defines these materials in the specification as an alloy having the formula NiCr19Fe18Nb or an alloy having the formula X6NiCrTiMoVB25-15-2, this recitation is defining the property of the material, the same material would protect the ring up to the same temperature level).
Navarro teaches that the outer ring of a spherical bearing can be made of an alloy having the formula NiCr19Fe18Nb or an alloy having the formula X6NiCrTiMoVB25-15-2 (based on the disclosure of the instant application NiCr19Fe18Nb is also known as Inconel® 718 and X6NiCrTiMoVB25-15-2 is also known as A286, these are the same materials listed as possible materials for the outer ring 214 in Navarro, see paragraph 0023) to enable the outer ring to withstand temperatures above three hundred degrees Celsius.
It would have been obvious to one having ordinary skill in the art at the time of effective filing to modify Potter and make the outer ring out of any previously known bearing material, including a material having the formula NiCr19Fe18Nb or X6NiCrTiMoVB25-15-2, to withstand temperatures above 300 degrees Celsius, as taught by Navarro, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Potter does not disclose that the outer ring extends an equal axial distance as the inner ring (equal in length).
Patterson discloses that, prior to the filing by Applicant, that an inner ring and an outer ring of a spherical bearing arrangement can be swaged and have a common axial length (see figure 1, elements 10 and 13).
It would have been obvious to one having ordinary skill in the art at the time of effective filing to modify Potter and configure the two rings of the bearing to have the same length, as taught by Patterson, for the predictable result of limiting the overall length of the bearing by preventing unnecessary protrusion of the inner ring from the outer ring. Furthermore, there is no criticality in the disclosure the relative lengths of the parts, regardless if the parts are different lengths or the same the bearing performs the same function and thus the required modification to Potter is simply a mere change in size of a component (extending the outer ring or reducing the length of the inner ring). A change in size is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237 (CCPA 1955)) and in this case the relative size of the two parts has no bearing on the general functionality of the spherical bearing.
Potter, while disclosing applying a lubricant through passage J, does not disclose any specific type of lubricant and thus does not disclose that the lubricant comprises graphite.
It would have been obvious to one having ordinary skill in the art at the time of effective filing to modify Potter and use any known lubricant including one that comprises graphite, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 4, Potter discloses that the outer surface (D) of the inner ring is convex spherical so as to form a concave spherical inner surface (H) for the outer ring during the swaging step.
Regarding claim 5, Potter discloses that after the swaging step, a step of machining an outer surface of the swaged outer ring (as shown in figures 5 and 6, after coming out of the die the assembly is worked or machined to make the curved outer surface flat, see also column 3, line 53-column 4, line 9 discussing final shaping and trimming of the outer ring element).
Regarding claim 7, Potter discloses that after the swaging step, a step of machining an outer surface and/or lateral faces of the swaged outer ring (as shown in figures 5 and 6, after coming out of the die the assembly is worked or machined to make the curved outer surface flat, see also column 3, line 53-column 4, line 9 discussing final shaping and trimming of the outer ring element) and a step of lubricating the inner surface of the outer ring and the outer surface of the inner ring are carried out (the outer ring includes feed duct J to apply lubricant to the finished product, thus at any point after swaging lubricant can be applied to the surfaces).
Regarding claim 9, Potter discloses that prior to the positioning step, a step of manufacturing the outer ring and inner ring (inner ring A is first produced and positioned in the die, outer ring blank K is also first produced and then placed around A within the die).
IN THE ALTERNATIVE
Claim(s) 3-5, 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter, USP 2,626,841, in view of Teeple, USP 2,947,063, in view of Navarro, EP2905445, and further in view of Patterson, USP 3,371,398.
Regarding claim 3, Potter discloses a method for manufacturing a spherical bearing comprising: a step of positioning an outer ring (F, in the form of blank K) on an inner ring (A, see figure 4), the outer and inner rings respectively comprising an inner surface and an outer surface that are in contact with one another (see figure 4 showing the initial arrangement prior to the actual swaging step); and a step of swaging the outer ring onto the inner ring (pressing of the dies N and O), the outer surface (D) of the inner ring (A) being used as the die which imparts its shape to the inner surface of the outer ring (A is place within the cavity of dies N and O to function as an inner die) by plastic deformation (presses and bends the outer ring), and a step of lubricating the inner surface of the outer ring and the outer surface of the inner ring (the outer ring includes feed duct J to apply lubricant to the finished product, thus at any point after swaging lubricant can be applied to the surfaces) and after the swaging step, a step of machining a plurality lateral faces of the swaged outer ring (as shown in figures 5 and 6, after coming out of the die the assembly is worked or machined to make the curved outer surface flat, see also column 3, line 53-column 4, line 9 discussing final shaping and trimming of the outer ring element, this trimming extends up to the dashed line in figure 5 which includes a portion of the lateral faces).
Potter, while showing a die pressing process which is a cold working process, does not explicitly state that the swaging is carried out cold or in other words at a temperature below a recrystallization temperature of the outer ring.
Teeple disclose the same die pressing process but explicitly states that this is a cold working process (see column 3, lines 4-19) which is specifically done cold to avoid the negative impact from uneven heating (see column 1, lines 22-42) and by being performed cold is at a temperature below a recrystallization temperature of the outer ring.
It would have been obvious to one having ordinary skill in the art at the time of effective filing to modify Potter and carry out the die pressing process in a cold state or at a temperature below a recrystallization temperature, as taught by Teeple, for the purpose of avoiding the negative impacts of uneven heating if the process were to be carried out as a hot working process.
Potter does not disclose that the material of the outer ring is configured to withstand temperatures above three hundred degrees Celsius (Applicant defines these materials in the specification as an alloy having the formula NiCr19Fe18Nb or an alloy having the formula X6NiCrTiMoVB25-15-2, this recitation is defining the property of the material, the same material would protect the ring to up to the same temperature level).
Navarro teaches that the outer ring of a spherical bearing can be made of an alloy having the formula NiCr19Fe18Nb or an alloy having the formula X6NiCrTiMoVB25-15-2 (based on the disclosure of the instant application NiCr19Fe18Nb is also known as Inconel® 718 and X6NiCrTiMoVB25-15-2 is also known as A286, these are the same materials listed as possible materials for the outer ring 214 in Navarro, see paragraph 0023) to enable the outer ring to withstand temperatures above three hundred degrees Celsius.
It would have been obvious to one having ordinary skill in the art at the time of effective filing to modify Potter and make the outer ring out of any previously known bearing material, including a material having the formula NiCr19Fe18Nb or X6NiCrTiMoVB25-15-2, to withstand temperatures above 300 degrees Celsius, as taught by Navarro, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Potter does not disclose that the outer ring extends an equal axial distance as the inner ring (equal in length).
Patterson discloses that, prior to the filing by Applicant, that an inner ring and an outer ring of a spherical bearing arrangement can be swaged and have a common axial length (see figure 1, elements 10 and 13).
It would have been obvious to one having ordinary skill in the art at the time of effective filing to modify Potter and configure the two rings of the bearing to have the same length, as taught by Patterson, for the predictable result of limiting the overall length of the bearing by preventing unnecessary protrusion of the inner ring from the outer ring. Furthermore, there is no criticality in the disclosure the relative lengths of the parts, regardless if the parts are different lengths or the same the bearing performs the same function and thus the required modification to Potter is simply a mere change in size of a component (extending the outer ring or reducing the length of the inner ring). A change in size is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237 (CCPA 1955)) and in this case the relative size of the two parts has no bearing on the general functionality of the spherical bearing.
Potter, while disclosing applying a lubricant through passage J, does not disclose any specific type of lubricant and thus does not disclose that the lubricant comprises graphite.
It would have been obvious to one having ordinary skill in the art at the time of effective filing to modify Potter and use any known lubricant including one that comprises graphite, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 4, Potter discloses that the outer surface (D) of the inner ring is convex spherical so as to form a concave spherical inner surface (H) for the outer ring during the swaging step.
Regarding claim 5, Potter discloses that after the swaging step, a step of machining an outer surface of the swaged outer ring (as shown in figures 5 and 6, after coming out of the die the assembly is worked or machined to make the curved outer surface flat, see also column 3, line 53-column 4, line 9 discussing final shaping and trimming of the outer ring element).
Regarding claim 7, Potter discloses that after the swaging step, a step of machining an outer surface and/or lateral faces of the swaged outer ring (as shown in figures 5 and 6, after coming out of the die the assembly is worked or machined to make the curved outer surface flat, see also column 3, line 53-column 4, line 9 discussing final shaping and trimming of the outer ring element) and a step of lubricating the inner surface of the outer ring and the outer surface of the inner ring are carried out (the outer ring includes feed duct J to apply lubricant to the finished product, thus at any point after swaging lubricant can be applied to the surfaces).
Regarding claim 9, Potter discloses that prior to the positioning step, a step of manufacturing the outer ring and inner ring (inner ring A is first produced and positioned in the die, outer ring blank K is also first produced and then placed around A within the die).
Response to Arguments
Applicant's arguments filed February 12, 2026 have been fully considered but they are not persuasive.
Applicant argues that Potter does not disclose the machining step added to claim 3.
Potter shows in figure 5 where the machining step of the outer surface continues to, this is indicated by the dashed line which is clearly radially inside the corner between the radially outer surface and the lateral face. Because of this the machining process that produces the final shape as shown in figure 5 flattens the outer surface will also slightly reducing the lateral surface. It is further noted that within the specification of the instant application no specific machining step is disclosed and thus it cannot be said that the claim or disclosure as originally filed was limited to any specific machining process done only to the lateral surface which Applicant appears to be arguing that the claim covers. Instead the claim must be treated broadly and any machining process that would alter the final shape or dimension of the lateral surfaces, even if that machining is not directly cutting or working on the face of the lateral surfaces itself would read on the claim limitation. Because of the lack of any specificity in the claim or the original disclosure in the instant application the disclosure of Potter which includes flattening up to and including the corner between the outer surface and the lateral surface would be a machining process that ultimately machines or alters the lateral surfaces as the slight reduction in the size of the lateral surface is a change to that surface done by machining.
Conclusion
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/JAMES PILKINGTON/Primary Examiner, Art Unit 3617