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 .
The amendment filed 9/11/24 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Amended claim 1 recites “the sealing ring member having a point of rotation in one of the inside diameter face or outside diameter face”. It is unclear as to where the point of rotation is and how the seal rotates about the point of rotation. Although the current disclosure mentions “rotation” in numerous instances, the current disclosure does not provide support for a point of rotation on an inside/outside diameter face.
Claims 2-11 are rejected for depending on a rejected claim.
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 1-11 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.
Amended claim 1 recites “the sealing ring member having a point of rotation in one of the inside diameter face or outside diameter face”. It is unclear as to where the point of rotation is and how the seal rotates about the point of rotation. Although the current disclosure mentions “rotation” in numerous instances, the current disclosure does not provide support for a point of rotation on an inside/outside diameter face. For the purposes of this examination, the examiner is interpreting the claim to be claiming that a seal is formed when the rotation occurs.
Claims 2-11 are rejected for depending on a rejected claim.
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.
Claim(s) 1-5, 10, and 11 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Embury (US Pub. No. 2017/0122055).
Regarding claim 1, the Embury reference, as best understood, discloses a sealing ring (30), comprising:
a sealing ring member (30) having an inside diameter face (face of 30 contacting 22), an outside diameter face (face of 30 contacting 12), a primary seal side face (e.g. right face of 30), and a gland side face (e.g. left face of 30), the sealing ring member having a point of rotation in one of the inside diameter face or outside diameter face (Fig. 1); and
a secondary seal (42) coupled to at least one of the inside diameter face, the outside diameter face, the primary seal side face or the gland side face (Fig. 1), the secondary seal configured to move into contact with a seal surface when an entirety of the sealing ring member rotates about eh point of rotation (Fig. 1, sealing occurs when the lip is rotated, if the lip does not rotate then neither the lip or secondary seal will be sealing).
Regarding claim 2, the Embury reference discloses the secondary seal is coupled to the inside diameter face (Fig. 1).
Regarding claim 3, the Embury reference discloses the primary seal side face has a ramp member (Figs. 1,2).
Regarding claim 4, the Embury reference discloses the ramp member is a lobe member having a centerpoint, and further wherein the centerpoint of the lobe member is positioned more proximate the inside diameter face than the outside diameter face (Fig. 2).
Regarding claim 5, the Embury reference discloses the gland side face slopes inward toward the seal side face as it moves from the inside diameter face to the outside diameter face (Fig. 2).
Regarding claim 10, the Embury reference discloses the inside diameter face slopes downward as it moves from the gland side face to the seal side face (Figs. 1,2).
Regarding claim 11, the Embury reference discloses the secondary seal is coupled to the inside diameter face (Fig. 1).
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 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Embury.
Regarding claims 6 and 7, the Embury reference discloses the invention substantially as claimed in claim 5.
However, the Embury reference fails to explicitly disclose the angles of the face slopes.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the slopes to have the claimed angles, 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 and in order to provide optimal sealing pressure. In re Aller, 105 USPQ 233.
Regarding claim 8, the Embury reference discloses the invention substantially as claimed in claim 2.
However, the Embury reference fails to explicitly disclose the outside diameter face slopes upward as it moves from the gland side face to the seal side face.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the outside diameter face to have a slope, a change in the shape of a prior art device is a design consideration within the skill of the art and in order to provide more sealing pressure. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 9, the Embury reference discloses the invention substantially as claimed in claim 8.
However, the Embury reference fails to explicitly disclose the angles of the face slope.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the slope to have the claimed angles, 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 and in order to provide optimal sealing pressure. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant's arguments filed 9/11/24 have been fully considered but they are not persuasive because of the 112 rejections above.
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 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILBERT Y LEE whose telephone number is (571)272-5894. The examiner can normally be reached Monday-Friday 8am-430pm.
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/GILBERT Y LEE/Primary Examiner, Art Unit 3675