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 .
Election/Restrictions
Claims 11-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 26 September 2025.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshioka JP 2004-169848.
Re clm 1, Yoshioka discloses a super-precision rolling bearing (Fig. 1)) comprising: a first ring (13) having a first raceway, a second ring (11) having a second raceway, and a plurality of rolling elements (15) arranged between the first and second raceways, wherein the first ring and/or the second ring is made of a hardened and tempered nitriding steel core ([0019] and [0020]) having a first predetermined hardness (HV 300 or more; [0020]) and a nitrided surface layer coating ([0020]) at least the first raceway and containing nitrides in an amount to give the nitrided steel layer a second predetermined hardness (HV 700 or more; [0018]) greater than the first predetermined hardness.
Re clm 2, Yoshioka further discloses the first predetermined hardness is between 34 and 41 HRC (HV 300 or more is 31 HRC or more) and the second predetermined hardness is between 64 and 66 HRC (HV 700 or more is 59 HRC or more which includes the range claimed).
Re clm 3, Yoshioka further discloses the first predetermined hardness is between 34 and 41 HRC (HV 300 or more is 31 HRC or more which includes the claimed range) and the second predetermined hardness is greater than 64 HRC (HV 700 or more is 59 HRC or more which includes the range claimed).
Re clm 4, Yoshioka further discloses the first ring and/or the second ring comprises the first ring and the second ring (‘at least one of’; [0009]).
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 1-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Carrerot U.S. 2004/0071379 in view of Yoshioka JP 2004-169848.
Re clm 1, Carrerot discloses a super-precision rolling bearing (Fig. 2) comprising: a first ring (9) having a first raceway, a second ring (2) having a second raceway, and a plurality of rolling elements (3) arranged between the first and second raceways, wherein the first ring and/or the second ring is made of a hardened nitriding steel core ([0018]; 32CDV13 column of Table on page 5) having a first predetermined hardness (HRC 40; Table on page 5) and a nitrided surface layer coating ([0069]) at least the first raceway and containing nitrides in an amount to give the nitrided steel layer a second predetermined hardness (more than 63 HRC; Table on page 5) greater than the first predetermined hardness.
Carrerot is silent as to the process for forming the core and does not disclose the hardened nitriding steel core is tempered.
Yoshioka teaches providing a nitriding steel core that has been hardened and tempered for the purpose of using the bearing under high temperature and high load conditions ([0019]-[0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the steel of Yoshioka and provide the steel is hardened and tempered for the purpose of using the bearing under high temperature and high load conditions.
Re clm 2, Carrerot further discloses the first predetermined hardness is between 34 and 41 HRC (40 HRC, Table on page 5) and the second predetermined hardness is between 64 and 66 HRC (> 63 HRC, Table on page 5).
Re clm 3, Carrerot further discloses the first predetermined hardness is between 34 and 41 HRC (40 HRC, Table on page 5) and the second predetermined hardness is greater than 64 HRC (> 63 HRC, Table on page 5).
Re clm 4, Carrerot further discloses the first ring and/or the second ring comprises the first ring and the second ring ([0034]).
Re clm 6, Carrerot further discloses the nitrided surface layer is composed exclusively or almost exclusively of metal nitrides ([0069]).
Re clm 7, Carrerot further discloses the nitriding steel satisfies the specifications of AMS 6481, however, Carrerot does not disclose the nitriding steel satisfies the specification of AMS 6481E (2022).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a nitriding steel satisfying an updated standard, since it is impossible for Carrerot to provide a standard for the steel which was not yet determined.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara U.S. 6,290,398 in view of Yoshioka JP 2004-169848.
Re clm 1, Fujiwara discloses a super-precision rolling bearing (Fig. 1) comprising: a first ring (2) having a first raceway, a second ring (3) having a second raceway, and a plurality of rolling elements (4) arranged between the first and second raceways, wherein the first ring and/or the second ring is made of a nitriding steel core (col. 2: lines 17-23) and a nitrided surface layer coating (6; col. 3: lines 56-64) at least the first raceway and containing nitrides in an amount to give the nitrided steel layer a second predetermined hardness (object 3 with a surface hardness of over Hv 1000; Fig. 3).
Fujiwara is silent as to the preparation of the nitriding steel before nitriding and does not disclose a hardened and tempered nitriding steel core in which a first hardness of the nitride steel layer is greater than the second hardness of the nitriding steel core.
Yoshioka teaches providing a nitriding steel core that has been hardened and tempered for the purpose of using the bearing under high temperature and high load conditions ([0019]-[0020]; Hv 300 or more).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the steel of Fujiwara and provide the steel is hardened and tempered for the purpose of using the bearing under high temperature and high load conditions.
Re clm 2, Fujiwara further discloses the second predetermined hardness is between 64 and 66 HRC (object 3 with a surface hardness between Hv 900 and Hv 1000; Fig. 3).
The improvement of Yoshioka further discloses the first predetermined hardness is between 34 and 41 HRC ([0020]; Hv 300 or more).
Re clm 3, Fujiwara further discloses the second predetermined hardness is greater than 64 HRC (object 3 with a surface hardness between Hv 900 and Hv 1000; Fig. 3).
The improvement of Yoshioka further discloses the first predetermined hardness is between 34 and 41 HRC ([0020]; Hv 300 or more).
Re clm 4, Fujiwara further discloses the first ring and/or the second ring comprises the first ring and the second ring (Fig. 1).
Re clm 5, Fujiwara further discloses the nitrided surface layer completely surrounds and covers the core and has a depth, measured perpendicular to the nitrided surface of at least 0.4 mm (claim 8).
Re clm 6, Fujiwara further discloses the nitrided surface layer is composed exclusively or almost exclusively of metal nitrides (col. 4: lines 47-51; col. 5: lines 28-31 which states the steel was nitrided under the same temperature for the same amount of time as the invention).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara U.S. 6,290,398 in view of Yoshioka JP 2004-169848 as applied to claim 2 above, and further in view of Carrerot U.S. 2004/0071379.
Fujiwara in view of Yoshioka discloses all the claimed subject matter as described above.
Re clm 7, Fujiwara does not disclose the nitriding steel satisfies the specifications of AMS6481E (2022).
Carrerot teaches a nitriding steel for bearings which satisfies the specifications of AMS 6481.
Since both Fujiwara and Carrerot disclose nitriding steels, it would have been obvious to one of ordinary skill in the art at the time of the invention to substitute the nitriding steel of Fujiwara with the nitriding steel of Carrerot, since it has been held that the selection of a known material based on its suitability for its intended purpose would have been obvious to one of ordinary skill in the art. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Carrerot does not disclose the nitriding steel satisfies the specification of AMS 6481E (2022).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a nitriding steel satisfying an updated standard, since it is impossible for Carrerot to provide a standard for the steel which was not yet determined.
Claims 7-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara U.S. 6,290,398 in view of Yoshioka JP 2004-169848 as applied to claim 2 above, and further in view of Blass DE 102019117288.
Fujiwara in view of Yoshioka discloses all the claimed subject matter as described above.
Re clm 7 and 8, Fujiwara does not disclose the nitriding steel satisfies the specifications of AMS6481E (2022) [clm 7] and the nitriding steel is 32CrMoV13 [clm 8].
Blass discloses a bearing made of the nitriding steel 32CrMoV13.
It would have been obvious to one of ordinary skill in the art at the time of the invention to substitute the nitriding steel of Fujiwara with the 32CrMoV13 of Blass, since it has been held that the selection of a known material based on its suitability for its intended purpose would have been obvious to one of ordinary skill in the art. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
The steel 32CrMoV13 satisfies AMS6481E (2022).
Re clm 10, Fujiwara in view of Blass above further discloses the nitrided surface layer has a carbon content of between 0.14% and 0.21% by weight and a nitrogen content of not more than 0.3% by weight. Since Blass discloses the same nitriding steel and Fujiwara discloses the same nitriding process, the nitride surface layer must also be the same.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara U.S. 6,290,398 in view of Yoshioka JP 2004-169848 as applied to claim 2 above, and further in view of Kerrigan U.S. 2020/0010940.
Fujiwara in view of Yoshioka discloses all the claimed subject matter as described above.
Re clm 9, Fujiwara does not disclose the core is substantially free of ferrite and/or pearlite.
Kerrigan teaches the amount of ferrite as a result effective variable ([0007]), since ferrite can compromise the toughness cracking resistance of bearing rings.
It would have been obvious to one of ordinary skill in the art to modify Fujiwara and provide a core that is substantially free of ferrite, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144.05(II)(A).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara U.S. 6,290,398 in view of Yoshioka JP 2004-169848 as applied to claim 2 above, and further in view of Birky U.S. 2016/0130692.
Fujiwara in view of Yoshioka discloses all the claimed subject matter as described above.
Re clm 9, although Yoshioka teaches hardening and tempering the steel core, Yoshioka is silent as to the specifics of the hardening and tempering and thus does not disclose the core is substantially free of ferrite and/or pearlite.
Birky teaches hardening, quenching and tempering steel for the purpose of providing complete transformation of ferrite and pearlite to martensite ([0043]). It is well known that ferrite and pearlite increase brittleness in steel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Fujiwara in view of Yoshioka and provide hardening, quenching and tempering steel for the purpose of providing complete transformation of ferrite and pearlite to martensite which reduces the brittleness of the steel.
Conclusion
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/ALAN B WAITS/ Primary Examiner, Art Unit 3617