DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Election/Restrictions
Claims 4, 15, and 16 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05 August 2025.
Claim Rejections - 35 USC § 102
Claims 1-3, 5-7, 12-14, and 18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being
anticipated by Cis et al. (US 2015/0068653 hereinafter "Cis").
In regards to claim 1, Cis discloses a rotary joint assembly for a tire inflation system,
comprising:
an air seal (30a) for sealing an air passage (28a),
a lubricant seal (35a) for sealing the air seal from a lubricant, and
a leakage reception space (36a) delimited by the air seal and the lubricant seal and
fluidically isolated from the atmosphere, the air seal configured to leak air from the air passage
into the leakage reception space (see paragraph [0074]);
wherein the leakage reception space is not in fluidic communication with the atmosphere via a pressure control device that includes a valve (it is noted that no valve is being relied upon as part of the assembly of Cis and thus the limitation has been met regardless of any additional components not being relied upon).
In regards to claim 2, Cis further discloses a stationary portion (3) comprising a first
fluid line (9a) in fluidic communication with the air passage (shown in fig. 3).
In regards to claim 3, Cis further discloses the leakage reception space is delimited by
the stationary portion (shown in fig. 3).
In regards to claim 5, Cis further discloses a bushing (16).
In regards to claim 6, Cis further discloses the bushing is mounted on the stationary
portion (shown in fig. 2).
In regards to claim 7, Cis further discloses the leakage reception space is delimited by
the bushing (shown in fig. 2).\
In regards to claim 12, Cis further discloses at least one of the air seal and the lubricant
seal is in sliding sealing engagement with a bushing (shown in fig. 2).
In regards to claim 13, Cis further discloses a first bearing (6a) and a second bearing
(6b), wherein a bushing is disposed in between the first bearing and the second bearing (shown
in fig. 2).
In regards to claim 14, Cis further discloses a rotatable portion (5) comprising a second
fluid line (13a) in fluidic communication with the air passage.
In regards to claim 18, Cis further discloses the leakage reception space comprises
multiple compartments (36a, 36b), including a first compartment and a second compartment, and
wherein the first compartment and the second compartment are positioned along a radial
direction (shown in fig. 3).
Claim Rejections - 35 USC § 103
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Cis as applied to
claim 14 above.
In regards to claim 17, Cis further discloses the rotatable portion defines a rotation axis
(central axis) , and wherein along a radial direction perpendicular to the rotation axis an axial
extension of the leakage reception space varies (shown in fig. 2). While Cis does not expressly
disclose it varying by a factor of 2 or more, the dimensions of the space may be determined
through the use of routine experimentation during the engineering design process to optimize the
functionality of the device, suited to the intended use and desired parameters.
It would have been obvious before the effective filing date to one having ordinary skill in
the art to modify Cis to have the axial extension of the leakage reception space vary by a factor
of 2 or more, as the dimensions of the space may be optimized to the desired operational
parameters through the use of routine experimentation. A person of ordinary skill in the art undertaking such experimentation would have had a reasonable expectation of success and the
results would have been predictable.
It is further noted that In Gardner V. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit 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.
Allowable Subject Matter
Claims 8-11, 19, and 20 are allowed.
Response to Arguments
Applicant's arguments filed 25 March 2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments regarding the amended language of claim 1, see the updated rejection above which shows how this limitation is disclosed by Cis. It is noted that if applicant wishes to exclude additional components from being in the claimed invention then the preamble of the claim should be amended to recite “consisting of” or something similar.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T DRAGICEVICH whose telephone number is (571)270-0505. The examiner can normally be reached Monday-Friday 8:00 - 4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D. Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY T DRAGICEVICH/Primary Examiner, Art Unit 3679 04/21/2026
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