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 claims 1, 3, 5 – 9, 21, 22, 25 and 26 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3 , 6, 9, 21, 22, 25 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over JP ‘452 (JPH0914452) in view of Bacino et al. (U.S. Patent # 5286568) and in further view of Bainard et al. (DE 2606127).
Regarding Claim 1, JP ‘452 discloses a sealing device (fig 1) for sealing an annular space between an inner- peripheral-side member and an outer-peripheral-side member (space between shaft S and housing), the sealing device comprising: a retaining ring made of metal (2 made of metal) and having an annular shape around an axis (annular shape of 2); a seal lip (11) having an annular shape around the axis and fixed, on an outer peripheral side, to a radially inner surface of the retaining ring (outer peripheral side of 11 fixed to inner radial surface of 2 through 3), the seal lip including a seal portion extending obliquely relative to the axis (11b obliquely to axis), the seal lip forming an end portion on an inner peripheral side ( as seen in examiner annotated fig 1 below), and the seal lip including a first inner peripheral surface on an inner peripheral side ( as seen in examiner annotated fig 1 below), the first inner peripheral surface contacting with the inner-peripheral-side member (11 contacts shaft); and an electroconductive lip (4) having electroconductivity (conductive filler in the material of lip 4), having an annular shape around the axis (fig 1), and fixed, on an outer peripheral side, to the radially inner surface of the retaining ring (outer radial surface of 4 fixed to inner radial surface of 2), the electroconductive lip including a contact point portion extending relative to the axis ( as seen in examiner annotated fig 1 below), the electroconductive lip forming an end portion on an inner peripheral side ( as seen in examiner annotated fig 1 below), and the electroconductive lip including a second inner peripheral surface on an inner peripheral side ( as seen in examiner annotated fig 1 below), the second inner peripheral surface contacting with the inner-peripheral- side member ( as seen in examiner annotated fig 1 below),wherein the seal lip and the electroconductive lip are spaced from each other in a direction of the axis, at least at the seal portion and the contact point portion ( as seen in examiner annotated fig 1 below),
the electroconductive lip is formed of a material consisting of electroconductive particles (4 contains a conductive filler),
the electroconductive lip has a greater electroconductivity than the seal lip (4 has greater electroconductivity than that of 11), and an inner peripheral end portion of the electroconductive lip is bent towards the seal lip (inner end portion of 4 bent towards 11),
an annular spacer ( 32) that extends radially inward from the cylindrical portion of the retaining ring (2) is positioned between the seal lip and the electroconductive lip ( as seen in examiner annotated fig 1 below),
the seal lip (11) and the electroconductive lip (4) are spaced from each other in a direction of the axis by the annular spacer (32).
JP ‘452 does not disclose the electroconductive lip including a contact point portion extending obliquely relative to the axis.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to contrive any number of desirable ranges for the angle limitation for the electroconductive lip disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, to provide sealing of the shaft, depending on the biasing force required by the spring in the groove of the seal lip. In re Aller, 105 USPQ 233.
JP ‘452 does not disclose the electroconductive lip is formed of a material consisting of PTFE.
However, Bacino teaches the seal material to be formed of a material consisting of PTFE ( Bacino Claim 1 – PTFE with electroconductive particles).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the seal material of the electroconductive lip of JP ‘452 to be electroconductive PTFE as in Bacino with a reasonable expectation of success so that the PTFE electro conductive seal material releases easily from metal surfaces when unclamped and permits easy removal or reuse.
The combination of JP ‘452 and Bacino discloses the electroconductive lip is formed of a material consisting of electroconductive particles and PTFE (lip of JP ‘452 with electroconductive PTFE of Bacino), the electroconductive lip has a greater electroconductivity than the seal lip (electroconductive lip 4 of JP ‘452 has a greater electroconductivity than the seal lip 11 of JP ‘452), and an inner peripheral end portion of the electroconductive lip is bent towards the seal lip (JP ‘452 fig 1).
JP ‘452 does not disclose wherein the retaining ring includes:
a cylindrical portion that extends along the axis:
a disk portion that extends radially inward from the cylindrical portion at a first end of the cylindrical portion; and
a support portion that extends radially inward from the cylindrical portion at an opposite second end of the cylindrical portion, and
wherein a pressing ring is positioned between the support portion and the seal lip, the pressing ring including an axial portion that extends along the cylindrical portion of the retaining ring and a radial portion that extends along and presses against the outer peripheral side of the seal lip,
and
the pressing ring presses the seal lip in a direction toward the annular spacer, which presses the annular spacer in a direction toward the electroconductive lip, which presses the electroconductive lip in a direction toward the disk portion of the retaining ring such that the electroconductive lip is fixed to each of the disk portion end the annular spacer without using an adhesive,
the disk portion is entirely in direct contact with the electroconductive lip,
the disk portion has a radial length larger than the annular spacer, and
the annular spacer has a radial length larger than the radial portion of the pressing ring.
However, Bainard teaches wherein the retaining ring includes:
a cylindrical portion that extends along the axis ( as seen in examiner annotated fig 1 below):
a disk portion that extends radially inward from the cylindrical portion at a first end of the cylindrical portion ( as seen in examiner annotated fig 1 below); and
a support portion that extends radially inward from the cylindrical portion at an opposite second end of the cylindrical portion ( as seen in examiner annotated fig 1 below), and
wherein a pressing ring ( as seen in examiner annotated fig 1 below) is positioned between the support portion and the seal lip (14, fig 1), the pressing ring including an axial portion that extends along the cylindrical portion of the retaining ring ( as seen in examiner annotated fig 1 below) and a radial portion that extends along and presses against the outer peripheral side of the seal lip ( as seen in examiner annotated fig 1 below),
the disk portion has a radial length larger than the annular spacer (radial length of 24 larger than that of 18), and
the annular spacer has a radial length larger than the radial portion of the pressing ring (radial length of 18 larger than that of 28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the retaining ring of JP ‘452 with that of Bainard and combine with the pressing ring of Bainard with a reasonable expectation of success so that the lips are retained against each other axially.
The combination of JP ‘452, Bacino and Bainard discloses
the pressing ring (Bainard pressing lip as seen in examiner annotated fig 1 below ) presses the seal lip (JP’452 - 11) in a direction toward the annular spacer (Bainard 18), which presses the annular spacer in a direction toward the electroconductive lip (JP’452 - 4), which presses the electroconductive lip (JP’452 – 4) in a direction toward the disk portion of the retaining ring (Bainard disk portion as seen in examiner annotated fig 1 below ) such that the electroconductive lip is fixed to each of the disk portion end the annular spacer without using an adhesive (Bainard structure does not use adhesive as it is tight fitted),
the disk portion is entirely in direct contact with the electroconductive lip (disk portion of Bainard entirely in direct contact with JP’452 – 4).
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Regarding Claim 3, JP ‘452, Bacino and Bainard discloses the sealing device wherein the seal lip includes a first fixed portion extending in a radial direction ( as seen in examiner annotated JP ‘452 fig 1 above), connected on an outer peripheral side of the seal portion ( as seen in examiner annotated JP ‘452 fig 1 above), and forming an end portion that is on an outer peripheral side and that is fixed to the retaining ring ( as seen in examiner annotated JP ‘452 fig 1 above), and the electroconductive lip includes a second fixed portion extending in the radial direction ( as seen in examiner annotated JP ‘452 fig 1 above), connected on an outer peripheral side of the contact point portion ( as seen in examiner annotated fig 1 above), and forming an end portion that is on an outer peripheral side and that is fixed to the retaining ring ( as seen in examiner annotated JP ‘452 fig 1 above).
Regarding Claim 6, the combination of JP ‘452, Bacino and Bainard discloses the sealing device wherein the seal portion and the contact point portion are inclined to a same side relative to the axis, and face each other in the direction of the axis (JP ‘452 11 and 4 inclined to the same side).
Regarding Claim 9, the combination of JP ‘452, Bacino and Bainard the sealing device wherein the seal lip is made of an elastic material (JP ‘452 rubber lip 11).
Regarding Claim 21, the combination of JP ‘452, Bacino and Bainard discloses the sealing device, wherein a width of a contact point portion of the electroconductive lip is larger than a width of the contact portion of the seal lip ( as seen in examiner annotated JP ‘452 fig 1 above).
Regarding Claim 22, the combination of JP ‘452, Bacino and Bainard discloses the sealing device, wherein the first fixed portion has a radial length shorter than a radial length of the second fixed portion ( as seen in examiner annotated JP ‘452 fig 1 above).
Regarding Claim 25, JP ‘452 discloses a sealing device (fig 1) for sealing an annular space between an inner- peripheral-side member and an outer-peripheral-side member (space between shaft S and housing), the sealing device comprising: a retaining ring made of metal (2 made of metal) and having an annular shape around an axis (annular shape of 2); a seal lip (11) having an annular shape around the axis and fixed, on an outer peripheral side, to a radially inner surface of the retaining ring (outer peripheral side of 11 fixed to inner radial surface of 2 through 3), the seal lip including a seal portion extending obliquely relative to the axis (11b obliquely to axis), the seal lip forming an end portion on an inner peripheral side ( as seen in examiner annotated fig 1 above), and the seal lip including a first inner peripheral surface on an inner peripheral side ( as seen in examiner annotated fig 1 above), the first inner peripheral surface contacting with the inner- peripheral-side member (11 contacts shaft); and an electroconductive lip having electroconductivity (conductive filler in the material of lip 4), having an annular shape around the axis (fig 1), and fixed, on an outer peripheral side, to the radially inner surface of the retaining ring (outer radial surface of 4 fixed to inner radial surface of 2), the electroconductive lip including a contact point portion extending relative to the axis ( as seen in examiner annotated fig 1 above), the electroconductive lip forming an end portion on an inner peripheral side ( as seen in examiner annotated fig 1 above), and the electroconductive lip including a second inner peripheral surface on an inner peripheral side ( as seen in examiner annotated fig 1 above), the second inner peripheral surface contacting with the inner-peripheral-side member ( as seen in examiner annotated fig 1 above), wherein the seal lip and the electroconductive lip are spaced from each other in a direction of the axis, at least at the seal portion and the contact point portion ( as seen in examiner annotated fig 1 above),
the electroconductive lip is formed of electroconductive material (4 contains a conductive filler),
the electroconductive lip has a greater electroconductivity than the seal lip (4 has greater electroconductivity than that of 11),
an inner peripheral end portion of the electroconductive lip is bent towards the seal lip (inner end portion of 4 bent towards 11),
the seal portion and the contact point portion are inclined to a same side relative to the axis, and face each other in the direction of the axis (JP ‘452 11 and 4 inclined to the same side),
an annular spacer ( 32) that extends radially inward from the cylindrical portion of the retaining ring (2) is positioned between the seal lip and the electroconductive lip ( as seen in examiner annotated fig 1 above),
the seal lip (11) and the electroconductive lip (4) are spaced from each other in a direction of the axis by the annular spacer (32).
JP ‘452 does not disclose the electroconductive lip including a contact point portion extending obliquely relative to the axis.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to contrive any number of desirable ranges for the angle limitation for the electroconductive lip disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, to provide sealing of the shaft, depending on the biasing force required by the spring in the groove of the seal lip. In re Aller, 105 USPQ 233.
JP ‘452 does not disclose the electroconductive lip is formed of electroconductive PTFE.
However, Bacino teaches the seal material to be formed of electroconductive PTFE ( Bacino Claim 1 – PTFE with electroconductive particles).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the seal material of the electroconductive lip of JP ‘452 to be electroconductive PTFE as in Bacino with a reasonable expectation of success so that the PTFE electro conductive seal material releases easily from metal surfaces when unclamped and permits easy removal or reuse.
The combination of JP ‘452 and Bacino discloses the electroconductive lip is formed of electroconductive PTFE (lip of JP ‘452 with electroconductive PTFE of Bacino), the electroconductive lip has a greater electroconductivity than the seal lip (electroconductive lip 4 of JP ‘452 has a greater electroconductivity than the seal lip 11 of JP ‘452), and an inner peripheral end portion of the electroconductive lip is bent towards the seal lip (JP ‘452 fig 1).
JP ‘452 does not disclose wherein the retaining ring includes:
a cylindrical portion that extends along the axis:
a disk portion that extends radially inward from the cylindrical portion at a first end of the cylindrical portion; and
a support portion that extends radially inward from the cylindrical portion at an opposite second end of the cylindrical portion, and
wherein a pressing ring is positioned between the support portion and the seal lip, the pressing ring including an axial portion that extends along the cylindrical portion of the retaining ring and a radial portion that extends along and presses against the outer peripheral side of the seal lip,
and
the pressing ring presses the seal lip in a direction toward the annular spacer, which presses the annular spacer in a direction toward the electroconductive lip, which presses the electroconductive lip in a direction toward the disk portion of the retaining ring such that electroconductive lip is fixed to each of the disk portion end the annular spacer without using an adhesive,
the disk portion is entirely in direct contact with the electroconductive lip,
the disk portion has a radial length larger than the annular spacer, and
the annular spacer has a radial length larger than the radial portion of the pressing ring.
However, Bainard teaches wherein the retaining ring includes:
a cylindrical portion that extends along the axis ( as seen in examiner annotated fig 1 above):
a disk portion that extends radially inward from the cylindrical portion at a first end of the cylindrical portion ( as seen in examiner annotated fig 1 above); and
a support portion that extends radially inward from the cylindrical portion at an opposite second end of the cylindrical portion ( as seen in examiner annotated fig 1 above), and
wherein a pressing ring ( as seen in examiner annotated fig 1 above) is positioned between the support portion and the seal lip (14, fig 1), the pressing ring including an axial portion that extends along the cylindrical portion of the retaining ring ( as seen in examiner annotated fig 1 above) and a radial portion that extends along and presses against the outer peripheral side of the seal lip ( as seen in examiner annotated fig 1 above),
the disk portion has a radial length larger than the annular spacer (radial length of 24 larger than that of 18), and
the annular spacer has a radial length larger than the radial portion of the pressing ring (radial length of 18 larger than that of 28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the retaining ring of JP ‘452 with that of Bainard and combine with the pressing ring of Bainard with a reasonable expectation of success so that the lips are retained against each other axially.
The combination of JP ‘452, Bacino and Bainard discloses
the pressing ring (Bainard pressing lip as seen in examiner annotated fig 1 above) presses the seal lip (JP’452 - 11) in a direction toward the annular spacer (Bainard 32), which presses the annular spacer in a direction toward the electroconductive lip (J’452 - 4), which presses the electroconductive lip (JP’452 – 4) in a direction toward the disk portion of the retaining ring (Bainard disk portion as seen in examiner annotated fig 2C above) such that the electroconductive lip is fixed to each of the disk portion end the annular spacer without using an adhesive (Bainard Para 0037 – adhesive free structure),
the disk portion is entirely in direct contact with the electroconductive lip (disk portion of Bainard entirely in direct contact with JP’452 – 4).
Regarding Claim 26, the combination of JP ‘452, Bacino and Bainard discloses the sealing device.
JP ‘452 does not disclose wherein each of the seal lip and the electroconductive lip have a uniform thickness along an entire length thereof.
However, Bainard teaches wherein each of the seal lip and the electroconductive lip have a uniform thickness along an entire length thereof (205a, 205b have uniform thickness along the entire length of the lips, fig 2C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the seal lip and the electroconductive lip of JP ‘452 to be uniformly thick as in Bainard with a reasonable expectation of success so that the lips are energized to seal against the shaft and governs the seal’s resistance to pressure.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over JP ‘452 in view Bacino and Bainard and in further view of WO (WO 2019131899).
Regarding Claim 5, JP ‘452 discloses the sealing device.
JP ‘452 does not disclose an electroconductive grease provided between the seal lip and the electroconductive lip.
However, WO teaches an electroconductive grease provided between the seal lip and the electroconductive lip (electroconductive grease G between the two seal lips 84, 85, fig 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the electroconductive grease of WO between the seal lips of JP ‘452 with a reasonable expectation of success so that the grease reduces the electrical resistance between the shaft and the casing.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over JP ‘452 in view of Bacino and Bainard and in further view of Wada (U.S. Patent # 5595697).
Regarding Claim 7, JP ‘452 discloses the sealing device.
JP ‘452 does not disclose wherein the seal portion includes a thread groove on the first inner peripheral surface.
However, Wada teaches wherein the seal portion includes a thread groove on the first inner peripheral surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the thread groove of Wada on the inner peripheral surface of JP ‘452 so that the thread groove provides pumping function of the sealing fluid (Wada Col 4 Lines 3 – 8).
Regarding Claim 8, the combination of JP ‘452, Bacino, Bainard and Wada discloses the sealing device wherein the thread groove generates a gas flow from an outer side of the seal lip to an inner side of the seal lip, accompanying rotation of the inner-peripheral-side member (Wada Col 4 Lines 3 – 8).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to L. SUSMITHA KONERU whose telephone number is (571) 270-5333. The examiner can normally be reached on Monday – Friday from 9 A.M. – 4 P.M.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Christine Mills can be reached on 571.272.8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.S.K/Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675