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 .
Information Disclosure Statement
The information disclosure statements (IDS) have been considered by the examiner.
It should be noted that the lined through references fall under one of the following categories:
A US application itself does Not constitute prior art, unless it has a corresponding US Publication thereof, in which case, the US Publication should be cited as a reference;
The reference is completely unrelated to the claimed invention.
Drawings
The drawings are objected to because reference character “26” does NOT denote a “drive flange” in Figure 1.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "22" and "32" have both been used to designate the same element in Figure 1.
Reference characters "28" and "28A" have both been used to designate the same element in Figure 2.
Reference characters "34" and "80" have both been used to designate the same element in Figure 2.
Reference characters "140" and "142" have both been used to designate the same element in Figure 4.
Reference characters "149" and "148" have both been used to designate the same element in Figure 4.
Reference characters "162" and "210" have both been used to designate the same element in Figure 4.
Reference characters "591" and "593" have both been used to designate the same element in Figure 10.
Reference characters "1760" and "1860" have both been used to designate the same element in Figures 25 and 27.
Reference characters "1756" and "1860" have both been used to designate the same element in Figures 23 and 27.
Reference characters "1760","1860", and "1756" have all been used to designate the same element in Figure 32.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “80” has been used to designate both a direction and a passageway in Figure 2.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 449, 634, 1893, and 1765.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 1710 and 2086.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: In paragraph [0048], both reference characters “14” and “104” are used to denote the “spindle”.
Appropriate correction is required.
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 1-35 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.
Claims 1 and 6 are indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to be mounted”, due to the fact that this phrase fails to set forth any actual physical structure of the invention.
Claims 4 and 14 are indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to engage”, due to the fact that this phrase fails to set forth any actual physical structure of the invention.
Claims 7 and 32 are indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to shift”, due to the fact that this phrase fails to set forth any actual physical structure of the invention.
Claim 15 indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to direct”, due to the fact that this phrase fails to set forth any actual physical structure of the invention.
Claim 18 is indefinite due to the fact that it is unclear what is actually being claimed by the phrase “associated with” in line 5. This phrase fails to set forth any actual physical structure of the invention.
Claim 29 indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to be connected”, due to the fact that this phrase fails to set forth any actual physical structure of the invention.
The term “tightly” in claims 5, 8, 28, and 35 is a relative term which renders the claims indefinite. The term “tightly” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. No quantitative or qualitative limitations have been set forth in the claims to clearly define this term.
The term “firmly” in claim 17 is a relative term which renders the claim indefinite. The term “firmly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. No quantitative or qualitative limitations have been set forth in the claims to clearly define this term.
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)(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.
Claim(s) 1-3, 6-8, 11, and 14-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Furtado (11,254,170).
Per claim 1, Furtado shows a rotary union for a wheel end system including a wheel hub 258 with a passageway 260. The rotary union includes a pressurized air receiver 254 mounted on a spindle 214 and including an air inlet, and a rotatable pressurized air distributor mounted to the hub 258. An air outlet of the air distributor directs pressurized air to the passageway 260 of the hub 258. A seal 272 of the air receiver and distributor is axially spaced from the air inlet along the spindle 214. The seal 272 is shiftable from a disengaged configuration to an engaged configuration to allow pressurized air to flow from the inlet to the outlet.
Per claim 2, the air receiver includes a passageway 257 connecting the seal 272 and the air inlet. The passageway 257 being oriented along the spindle 214.
Per claim 3, the air receiver 254 is an annular body that includes the air inlet and a central opening for receiving the spindle 214.
Per claim 6, the seal 272 is a bearing seal assembly with a stationary sleeve 508 of the air receiver 254, a rotatable sleeve 504 of the wheel hub 258; such that a sealing member 506 of the rotatable sleeve 504 engages a surface of the stationary sleeve 508 as the sleeves rotate relative to one another (see Figures 5A and 5B).
Per claims 7-8 and 16, the seal (specifically member 506) shifts from the disengaged configuration (Figure 5A) to the engaged configuration (Figure 5B) upon the air inlet receiving pressurized air.
Per claim 11, the seal is a lip seal.
Per claim 14, the wheel hub 258 is a unitary one-piece body with a central opening and annular inner surface extending thereabout. The air distributor includes a radially outer portion engaging the inner surface.
Per claim 15, the air receiver 254 directs the pressurized air along a path 257 outside of and along the spindle 214 between the hub 258 and the spindle 214.
Allowable Subject Matter
Claims 4-5, 9-10, 12-13, and 18-35 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references show rotary unions with seal assemblies between stationary and rotating elements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R BELLINGER whose telephone number is (571)272-6680. The examiner can normally be reached M-F 9-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON R BELLINGER/ Primary Examiner, Art Unit 3615