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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but moot in view of new rejections provided below.
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 1-7 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, “the radial-direction clearance forming an annular zigzag channel”, unclear how this is possible in view of applicant claiming “at least one first protrusion protruding…seal structure”? With the broad claiming of at least one first protrusion and at least one second protrusion, unclear how this would create the radial direction clearance forming an annular zigzag channel?
Claim 3, lines 2-4, “each …which are engaged with each other”, unclear how the invention has first and second protrusions which are engaged with each other and also provide the radial direction clearance forming an annular zigzag channel? Claims are examined as best understood.
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) 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al (JP2006052922A) in view of Taylor et al (US. 9133940A).
Kobayashi discloses an air treating device comprising a casing (e.g. 3), an air conditioning rotating body (e.g. figures) including a rotor (e.g. 2), a first labyrinth seal structure (e.g. 1st labyrinth having 3a), a second labyrinth seal structure (e.g. 2nd labyrinth having 3b and see figure below, labyrinth as a gap between two elements that are relatively rotating), the rotor having a cylindrical shape and being housed in the casing so as to freely rotatable, the air conditioning rotating body being configured to treat air passing through the rotor in an axial direction (e.g. again intended use and the treating device of Kobayashi is capable of this), the casing including an upper plate (e.g. 3a) and a lower plate (3b) that face each other in the axial direction with the air conditioning rotating body interposed there-between (e.g. figure below),
the first labyrinth seal structure (e.g. 1st, figure below) being provided between an outer circumferential portion of the rotor and the upper plate of the casing (e.g. see figure below), the second labyrinth seal structure (e.g. 2nd, figure below) being provided between the outer circumferential portion of the rotor and the lower plate of the casing (e.g. see figure below), each of the first labyrinth seal structure and the second labyrinth seal structure including at least one first protrusion (e.g. 1P of 1st and 2nd, figure below) in the axial direction from the rotor toward the casing and at least one second protrusion protruding (e.g. 2P of 1st and 2nd, figure below) in the axial direction from the casing toward the rotor (e.g. figures 8-9 and see figure below), a radial direction clearance (e.g. RC) existing between the at least one first protrusion and the at least one second protrusion of each of the first labyrinth seal structure and the second labyrinth seal structure (see figure below). Wherein each of the first the labyrinth seal structure and the second labyrinth seal structure includes a plurality of engagement structures (e.g. engagement structures of 34b) and the plurality of engagement structure includes a plurality of the elastic elements (e.g. 34b) inclined at different angles relative to the axial direction (e.g. see figures). Wherein the plurality of elastic elements are further apart from each other at ends of the elastic elements (e.g. that is the case as seen in figure 9 below).
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Kobayashi discloses the invention as claimed above but fails to disclose plurality of 1st protrusions and plurality of 2nd protrusion that define the radial direction clearance forming an annular zigzag channel. Taylor discloses 1st labyrinth seal defined by plurality of 1st protrusions (e.g. 26 that are show as inelastic, figure 5a-5b) and plurality of 2nd protrusions (e.g. 32 that are elastic, see figures 5a-5b), the plurality of 1st and 2nd protrusions define radial direction clearance forming an annular zigzag channel (e.g. see dotted line shown by 41 in figure 5a), the plurality of 1st protrusions and the plurality of 2nd protrusion, which engage with each other, the plurality of first protrusions or the plurality of second protrusions are a plurality of elastic elements inclined at different angles relative to the axial direction (e.g. angle of 32 which are elastic elements), the plurality of elastic elements are further apart from each other toward ends of the elastic elements (e.g. see figures 5a-5b). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have each of the 1st and 2nd labyrinth seal of Kobayashi to have plurality of 1st protrusions and plurality of 2nd protrusions which are inclined and elastic to form labyrinth seal with radial direction clearance that is zigzag as taught by Taylor, with reasonable expectation of success to provide seal during operation of machine under varying temperature (e.g. see description of figures 5a-5b in Taylor). In conclusion each labyrinth of Kobayashi (1st and 2nd in figure above of Kobayashi) will have plurality of protrusions forming labyrinth seal as taught Taylor.
The combination of Kobayashi and Taylor teach that the at least one first protrusion and/or the at least one second protrusion is an elastic element (e.g. Taylor teaches how 32 are flexible or elastic relative to 26). This also teaches the limitation of claims 6-7, where 32 are elastic protrusions and 26 are inelastic protrusion relative to 32.
The combination of Kobayashi and Taylor teach the limitation that wherein each of the first the labyrinth seal structure and the second labyrinth seal structure is formed by the at least one first protrusion and the at least one second protrusion, which are engaged with each other (e.g. see teaching by Taylor), the at least one first protrusion includes a plurality of first protrusions or the at least one second protrusion includes a plurality of second protrusions and the plurality of first protrusions or the plurality of second protrusions are a plurality of the elastic elements inclined at different angles relative to the axial direction (e.g. see angle of 32).
The combination of Kobayashi and Taylor teach the limitation of claim 4.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL A PATEL whose telephone number is (571)272-7060. The examiner can normally be reached 7:00 am to 4:00pm.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675