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 .
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 12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Horling DE 10347253 in view of Wittmann DE 102020106339.
Re clm 12, Horling discloses a method comprising: providing a bearing (4-6, Fig. 3 and 7) having a first ring (5) and a second ring (4) rotatably disposed relative to the first ring and a plurality of rolling elements (6) in a bearing interior defined by the first ring and the second ring, providing a strip-shaped carrier blank (1, Fig. 1) having a first end and a second end (longitudinal ends of 1) and a first longitudinal edge extending from the first end to the second end and a second longitudinal edge extending from the first end to the second end (long edges that extend in longitudinal direction), bending the strip-shaped carrier blank around the first ring ([0024]) so that the first end abuts the second end ([0024]), and joining the first end to the second end by a material bond (weld seam 8, Fig. 4) and/or an interference fit (Fig. 5).
Horling does not disclose attaching a layer of electrically insulating material to the strip-shaped carrier blank, after the attaching, the layer of electrical insulation contacts the first ring.
Wittmann teaches a bearing comprising a carrier (12, Fig. 1) and attaching a layer of electrically insulating material to the carrier ([0024]), after the attaching, and the layer of electrical insulation contacts the first ring (shown in Fig. 1) for the purpose of insulating the bearing for use in applications such as electrical machines ([0003]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Horling and provide attaching a layer of electrically insulating material to the strip-shaped carrier blank at any step before Fig. 3 of Horling such as after the attaching such that the layer of electrical insulation contacts the first ring for the purpose of insulating the bearing for use in applications such as electrical machines.
Re clm 14, Horling further discloses the providing comprises punching or cutting the strip-shaped carrier blank from a sheet of material having a surface area greater than a surface area of the strip-shaped carrier blank ([0022]).
Re clm 15, while Horling further discloses sheet metal strip 1 has an elongate rectangular shape and can be separated from a plate- or web-shaped material, for example, by a punching process, Horling does not explicitly state that the sheet of material has a width greater than a width of the strip-shaped carrier blank and a length greater than a length of the strip-shaped carrier blank.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Horling and provide the sheet of material has a width greater than a width of the strip-shaped carrier blank and a length greater than a length of the strip-shaped carrier blank, 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 16, Horling in view of Wittmann does not disclose the exact timing of the attaching relative to the providing and thus does not disclose the attaching occurs before the providing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Horling in view of Wittmann and provide the attaching occurs before the providing since it has been held that the selection of ay order of performing process steps is prima facie obvious in the absence of new or unexpected results. In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930). See MPEP 2144.04(IV)(C).
Re clm 17, Horling further discloses including bending the first longitudinal edge to form a first flange (2, Fig. 2).
Re clm 18, Horling discloses a method comprising: providing a bearing ring (5, Fig. 3 and 7) having a radially inner surface and a radially outer surface, the radially inner surface including a raceway (groove in 5 on which balls 6 roll) configured to guide a plurality of rolling elements (6), providing a strip-shaped carrier blank (1, Fig. 1) having a first end and a second end (longitudinal ends of strip 1) and a first longitudinal edge extending from the first end to the second end and a second longitudinal edge extending from the first end to the second end (edges of 1 extending in longitudinal direction), bending the strip-shaped carrier blank around the bearing ring (Fig. 3; [0024]) so that the first end abuts the second end ([0024]), and joining the first end to the second end by a material bond (weld seam 8, Fig. 4) and/or an interference fit (Fig. 5).
Horling does not disclose attaching a layer of electrically insulating material to the strip-shaped carrier blank, after the attaching, the layer of electrical insulation contacts the first ring.
Wittmann teaches a bearing comprising a carrier (12, Fig. 1) and attaching a layer of electrically insulating material to the carrier ([0024]), after the attaching, and the layer of electrical insulation contacts the first ring (shown in Fig. 1) for the purpose of insulating the bearing for use in applications such as electrical machines ([0003]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Horling and provide attaching a layer of electrically insulating material to the strip-shaped carrier blank at any step before Fig. 3 of Horling such as after the attaching such that the layer of electrical insulation contacts the first ring for the purpose of insulating the bearing for use in applications such as electrical machines.
Re clm 19, Horling further discloses including, before the bending, folding the first longitudinal edge to form a first flange and folding the second longitudinal edge to form a second flange (Fig. 2).
Horling in view of Wittmann further discloses the layer of electrical insulation at least partially covers the first flange and the second flange (at 14, Fig. 1 of Wittmann).
Re clm 20, Horling further discloses the first flange and second flange are configured such that after the bending a minimum inner diameter of the flange is less than a maximum outer diameter of the bearing ring (shown in Fig. 3).
Response to Arguments
Applicant's arguments filed 08 December 2025 have been fully considered but they are not persuasive.
Applicant argues that Horling in view of Wittmann does not disclose coating the sleeve before the sleeve is bent around the bearing. Applicant takes the position that Wittmann teaches that the coating must be applied to the sleeve after the sleeve is formed and that Wittmann teaches nothing else. Nowhere does Wittmann make this assertion. The examiner notes that the arguments of counsel cannot take the place of factually supported objective evidence. See MPEP §2145. Furthermore, Applicant is attempting to argue the references individually. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The examiner notes that Wittmann actually teaches “applying the insulating layer…and then to join the outer ring and the sleeve” (last sentence of paragraph [0024]). Thus, Wittmann teaches applying the insulating layer before joining the outer ring and the sleeve.
In the instant case, it is clear that Horling discloses bending the sheet into a sleeve around the bearing. Put another way, the sheet is only formed into a sleeve as it is bent or wrapped around the bearing. This is further evident by Fig. 1-3 of Horling. There would be no way to insert the bearing after the sleeve of Horling was formed due to the axial flanges. It is also clear that Wittmann discloses applying the coating prior to the installation of the sleeve on the outer ring. Thus, one of ordinary skill in the art would recognize that the application of the coating of Wittmann to the sleeve of Horling must be before bending the sheet around the bearing to form the sleeve. The examiner notes it is impossible apply a coating to the sleeve between the sleeve and the bearing after the sheet has been bent around the bearing of Horling.
Applicant asserts that there is “nothing about the art of record suggests to incorporate electrically insulating material into a precursor of a sleeve”, however, this is inconsistent with the references as well as common sense. Once again, Horling teaches bending the sheet around the bearing. Wittmann teaches applying a coating before joining the sleeve to the bearing. Thus, the coating of Wittmann must be applied to Horling at a minimum of just before the sheet of Horling is wrapped (bent) around the bearing.
Based on the above, the previous rejection of the claims has been maintained as Applicant’s arguments have not been found persuasive.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN B WAITS whose telephone number is (571)270-3664. The examiner can normally be reached Monday-Thursday from 6-4 EST.
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/ALAN B WAITS/Primary Examiner, Art Unit 3617