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 .
Drawings
The amendment filed 30 July 2025 are objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Applicant’s amendments to Figure 5 and 6 are considered new matter. Applicant has now formed the wire which was previously a loop as a single wire. There is no support for this in the Application as originally filed.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Based on Applicant’s arguments that the invention comprises a single solid wire, Applicant has not explained how the sensor is able to detect wear as required by claim 1. For example, a U-shaped loop (such as what was previously shown in Fig. 5 of the invention, or in other cited prior art) forms a circuit either before wear occurs and wear causes the circuit to be broken or the U-shaped circuit is worn away until there are two wires which contact the inner bearing member to complete the circuit. In either case, a circuit is required. In Applicant’s case, if there is only a single wire, then how is the circuit completed for the senser to detect the wear? Applicant has not described how a single, “solid wire” can form a wear sensor. One of ordinary skill in the art would not understand how Applicant’s single wire sensor would operate.
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.
Claims 1 and 4-12 are rejected under 35 U.S.C. 103 as being unpatentable over Schindler EP 2550197 in view of Jansa U.S. 2019/0145462.
Re clm 1, Schindler discloses a guide device comprising: a metal component (210, Fig. 4; bronze in [0014]) provided with a friction surface (surface of 210 facing 220) intended to receive a mating part (220) in sliding frictional contact; a detection system (4, 43 and 44, Fig. 6) of a wear of the friction surface or of a clearance between the friction surface and the mating part, the detection system comprising one or more sensors (43); each sensor comprising at least one conductive wire (for example, 44) having one end (left end) disposed at a given depth below the friction surface and within a cylindrical envelope (4; [0039]) housed in an orifice (bore 211, Fig. 4) passing through the metal component between the friction surface and an outer surface, the conductive wire having a length extending away from the outer surface toward the friction surface such that a first end of the conductive wire is located at a given depth below the friction surface (as shown in Fig. 6).
Schindler does not disclose a wireless communication system connected to the detection system and configured to transmit information relating to wear or clearance out of the guide device.
Jansa teaches a plain bearing with wear sensor comprising a wireless communication system (10; [0087]-[0088]) connected to the detection system and configured to transmit information relating to wear or clearance out of the guide device for the purpose of providing wireless monitoring of the bearing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Schindler and provide a wireless communication system connected to the detection system and configured to transmit information relating to wear or clearance out of the guide device for the purpose of providing wireless monitoring of the bearing.
Schindler discloses during wear, the conductive layers 43 are closed in an electrical manner. This would also be the case when the left end of 44 contacts the shaft 110, thus providing the detection system triggering when the mating part (11) contacts the first end of the conductive wire (left end 44).
Re clm 4, Schindler further discloses the detection system is configured for the detection of wear of the friction surface over an angular range of at least 30 about a central axis of the metal component (at least 90° due to multiple sensors).
Re clm 5, Schindler further discloses the detection system comprises a single sensor which ensures the detection of wear of the friction surface over an angular range of at least 3° (based on relative size of radius of bearing 220 to the radius of the pin 4).
Assuming Schindler does not disclose the range:
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Schindler and provide a single sensor which ensures the detection of wear of the friction surface over an angular range of at least 3°, since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP §2144.04 (IV)(A).
Re clm 6, Schindler further discloses the detection system comprises a plurality of sensors which are distributed about the central axis of the metal component and which ensure the detection of wear over at least an angular range of 60° ()due to multiple sensors at 90° intervals).
Re clm 7, Schindler further discloses the metal component is formed by an annular bush (Fig. 4; bronze in [0014]).
Although Schindler discloses the wear pins can be provided at characteristic points, Schindler does not disclose the sensor or sensors are disposed exclusively on one longitudinal side or on two longitudinal sides of the metal component, each longitudinal side being defined over at most two fifths of the length of the annular bush.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Schindler and provide the sensor or sensors are disposed exclusively on one longitudinal side or on two longitudinal sides of the metal component, each longitudinal side being defined over at most two fifths of the length of the annular bush, since it has been held that rearranging the parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Appropriate sensor placement is obvious to one of ordinary skill in the art. Depending on the application and operating conditions of the bearing, wear can occur in different locations. Determining the appropriate location for wear sensors depending on the bearing application would be obvious to one of ordinary skill in the art.
Re clm 8 and 9¸ Schindler further discloses the metal component is formed by an annular bush (Fig. 4; bronze in [0014]).
Schindler does not disclose the thickness of the metal component and thus does not disclose the annular bush having a radial thickness of at least 5 millimeters [clm 8] or a radial thickness of at most 15 millimeters [clm 9].
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Schindler and provide the annular bush having a radial thickness of at least 5 millimeters or a radial thickness of at most 15 millimeters, since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP §2144.04 (IV)(A). Furthermore, providing the appropriate thickness balances the weight of the bearing with the strength/life of the bearing.
Re clm 10, Schindler further discloses a mechanical system, comprising at least one guide device as claimed in claim 1, and a mating part (220) mounted in sliding frictional contact with the friction surface ([0034]).
Re clm 11, Schindler further discloses the detection system comprises a plurality of sensors ([0019]) which are distributed about the central axis of the metal component.
Although Schindler discloses the wear pins can be provided at characteristic points, Schindler does not explicitly state the wear pins ensure the detection of wear over an angular range of 360°.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Schindler and provide the sensor or sensors are disposed to ensure the detection of wear over an angular range of 360°, since it has been held that rearranging the parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Appropriate sensor placement is obvious to one of ordinary skill in the art. Depending on the application and operating conditions of the bearing, wear can occur in different locations. Determining the appropriate location for wear sensors depending on the bearing application would be obvious to one of ordinary skill in the art.
Re clm 12, Schindler further discloses the mating part is mounted in sliding frictional contact with oscillation with the frictional surface (rudders move in oscillatory motion).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Schindler EP 2550197 in view of Jansa U.S. 2019/0145462 as applied to claim 1 above, and further in view of Yamamoto U.S. 2004/0042689.
Schindler in view of Jansa discloses all the claimed subject matter as described above.
Re clm 2, Schindler does not disclose a lubricant disposed on the friction surface.
Yamamoto teaches a lubricant disposed on the friction surface (oil; [0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Schindler and provide a lubricant disposed on the friction surface for the purpose of decreasing friction between the relatively moving surfaces.
Re clm 3, Schindler does not disclose the friction surface comprises workings acting as a reservoir for lubricant.
Yamamoto teaches a radial plain bearing comprising the friction surface comprises workings (5 and 6, Fig. 6) acting as a reservoir for lubricant for the purpose of holding and supplying lubricant between the relatively moving surfaces to reduce friction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Schindler and provide the friction surface comprises workings acting as a reservoir for lubricant for the purpose of holding and supplying lubricant between the relatively moving surfaces to reduce friction.
Response to Arguments
Applicant's arguments filed 30 July 2025 have been fully considered but they are not persuasive.
112(a)
Applicant argues that “when the friction surface (22) becomes sufficiently worn, the first end of the lowest wire (35) will contact the axel (2) that is in metal frictional contact with the metal component (20), thereby completing the circuit, and thereby indicating wear to that particular depth. A person of ordinary skill in the art would understand how this works.”
Applicant has now shown or disclosed a circuit. Applicant has not addressed the fundamental issues of the 112(a) rejection by merely stating “a person of ordinary skill in the art would understand how this works”. Applicant has not explained how a single wire between two separated elements “completes a circuit”. A circuit requires a closed loop. Applicant has not described, disclosed or even suggested a closed loop or a ‘completed circuit’. There are only two possible ways in which this device can work. Either i) the device starts with a closed loop formed by a wire and the wire is worn away opening the circuit or closed loop or ii) an incomplete circuit or loop is formed until the wire or conductive element contacts a conductive shaft, thus completing the circuit. Applicant has not clearly disclosed either. Is the shaft connected to the conductive strip 31 through some unshown/undisclosed circuit (Circuit A, Fig. below)? Or does the metal component itself form part of and complete the circuit (Circuit B)? Neither the specification nor drawings make clear exactly how this feature works.
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If Applicant’s device is that of Circuit B, it should be stated as such on the record, in the drawings and in the specification. Applicant should then also include this feature in the claim by reciting that the conductive wire, conductive strip, metal component and mating part form a closed circuit when the mating part contacts the first end of the conductive wire. This feature is not found in the prior art of record.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ALAN B WAITS/Primary Examiner, Art Unit 3617