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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 5, 11, 15, and 21 are objected to because of the following informalities:
Claim 5 recites “the second media channel” and should be “the second media inlet channel”.
Claim 11 recites “channels-channel” and should be “
Claim 15 recites “upon of pressurization” and should be “upon
Claim 21 recites “a second connection part” and should be “a second connection port”.
Claim Rejections - 35 USC § 112
Claims 5-6, 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.
Claim 5 recites “such that fluid media…through the second media channel” which is unclear if “fluid media” is the same or different from “the second fluid medium” of claim 1 and is unclear if “the second media channel” is the same or different from “the second media inlet channel” of claim 1. For examination purposes, the limitation will be interpreted as “such that the second fluid medium inlet channel”.
Claim 11 recites “the third media inlet channel extends axially and opens axially into the working space” which is unclear if the limitation was intended to introduce more than what was previously recited in claim 10 or not. For examination purposes, the limitation will be interpreted as not included in claim 11 since it appears redundant.
All dependent claims of these claims are rejected under 112th second paragraph by virtue of their dependency. Thus, claim 6 is rejected under 112th second paragraph.
Claim Interpretation
Claims 1 and 21 recite “a balance ratio” absent claiming the variables that define the balance ratio and “a balance ratio” is not a known term in the art. A person of ordinary skill in the art, in light of applicant’s specification, would reasonably define “a balance ratio” as the following equations defined in paragraphs [0134] and [0139]:
B
=
F
H
F
=
D
1
2
-
D
3
2
D
2
2
-
D
3
2
B
'
=
F
'
H
F
=
D
1
'
2
-
D
3
2
D
2
2
-
D
3
2
Therefore, for examination purposes, “a balance ratio”, “a first balance ratio”, and “a second balance ratio” will require the equations above as described in paragraphs [0134] and [0139] of the applicant’s specification.
Claim Rejections - 35 USC § 103
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-9, 14, 17, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kubala (US 5,669,636) in view of OTT Jakob Spanntechnik GmbH (DE 102008036051 B3, hereinafter “Jakob”).
In regard to claim 1, Kubala discloses a multimedia-compatible rotary union (Figs. 1 and 6 shows a multimedia-compatible rotary union) for transferring different fluid media, having different viscosities (Figs. 1 and 6, there are at least two different supply sources at 11 and 11’ which provide different fluid media of different viscosities such as air and liquid coolant as disclosed in 5:33-67 and 6:9-22), from a stationary machine part (Figs. 1 and 6, the rotary union allows transferring from at least a stationary machine part such as in machine tools as disclosed in 1:13-20) to a rotating machine part (Figs. 1 and 6, the rotary union allows transferring from 11 or 11’ to a rotating machine part such as the spindle at 13), comprising:
a stationary housing part (Fig. 6, at 16) for installation in the stationary machine part (Fig. 6, 16 is for installation in the stationary machine part such as in machine tools as previously mentioned above), and comprising a working space (Fig. 6, the junction between 28a and 28b define at least a working space where either source of fluids from 11 or 11’ can meet),
a rotor (Fig. 6, rotor 18) for connection to the rotating machine part (Figs. 1 and 6, 18 is for connection to the spindle at 13) and having a fluid channel for establishing a fluidic connection to the working space of the stationary housing part (Fig. 6, 18 has a longitudinal bore which defines a fluid channel for establishing a fluidic connecting to the working space),
a mechanical seal (Fig. 6, seal assembly 32 defines a mechanical seal) between the stationary housing part and the rotor (Fig. 6, 32 is between 18 and 16), wherein the mechanical seal comprises a rotor seal ring (Fig. 6, rotor seal ring 36) that rotates together with the rotor (Fig. 6, 36 is a rotating seal member with 18), and a stator seal ring (Fig. 6, stator seal ring 38), wherein the stator seal ring or the rotor seal ring is fastened to an axially movable seal ring carrier (Fig. 6, seal ring carrier 40 which 36 is fastened to 40 by contact with 38 and 38 is directly fastened to 40), and the mechanical seal can open and close by axial movement of the seal ring carrier (Fig. 6, 36 can open and close between 36 and 38 similar to the applicant’s invention),
wherein the stationary housing part comprises at least a first media inlet channel for introducing a first fluid medium into the stationary housing part and a second media inlet channel for introducing a second fluid medium into the stationary housing part (See image below, indicated first media inlet channel has a first fluid medium that flows from the source 11 toward the working space and indicated second media inlet channel has a second fluid medium that flows from source 11’ toward the working space) for introducing a fluid medium into the stationary housing part (See image below, as previously mentioned, 11 and 11’ provide air and liquid coolant into 16), wherein the first and second media inlet channels open into the working space (See image below, the first and second media inlet channels open into the working space since it is a junction where both fluid can flow to and into the port at 44), and wherein the first fluid medium is introducible into the rotary union, under pressurization, via the first media inlet channel into the working space or the second fluid medium is introducible into the rotary union, under pressurization, via the second media inlet channel into the working space (See image below, under pressurization, the fluid medium from 11 or 11’ can be introduced into the rotary union and in 9:60-67 to 10:1-28 discloses at least the check valves 28a and 28b allow pressurization of liquid coolant can flow through check valve 28b while check valve 28a is closed allowing flow through 43 and through 44), and
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wherein the mechanical seal, upon the pressurization of the first media inlet channel with the first fluid medium has a first balance ratio (Fig. 6 and see image below, when the first media inlet channel is pressurized with a first fluid medium of air, it has a first balance ratio based on D1 similar to the applicant’s invention), and upon the pressurization of the second media inlet channel with the second fluid medium has a second balance ratio (Fig. 6 and see image below, when the second media inlet channel is pressurized with a second fluid medium of liquid coolant, it has a second balance ratio based on D1’ similar to the applicant’s invention since the diameter D1’ of seal carrier 40 is pressurized through the port 43).
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Kubala does not expressly disclose the first media inlet channel having a first connection portion for introducing the first fluid medium into the stationary housing part and the second media inlet channel having a second connection port for introducing the second fluid medium into the stationary housing part; and wherein the first and second media inlet channels extend within the stationary housing part from the first and second connection ports, respectively, to the working space and opens into the working space.
Therefore, the difference between Kubala and claim 1 of the applicant’s invention is the location of the working space and the first media inlet channel and the second media inlet channel. Fig. 6 and the attached image above for Kubala shows the first and second media inlet channels are not directly part of the stationary housing part and in Fig. 1 of applicant’s invention, the first and second media inlet channels are formed as radial ports of the stationary housing part.
However, in the related field of rotary unions, Jakob teaches a stationary housing part having ports for first and second fluid media inlet channels that extend radially from the stationary housing part that meets at a working space (Fig. 1, first and second fluid media inlet channels at 23 and 26 that extend radially from a stationary housing part that meets at a working space near 27 and 28).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the separate channels 28 and 28’ and the valves 28a and 28b of Kubala to be integrally connected to ports on the stationary housing part that meet at the working space at 44 with a reasonable expectation of success in order to have the advantage of a more efficient design and a known and reliable design of inlet channels that meet a working space of a stationary housing part as taught by Jakob. See MPEP 2143(I)(G) with regard to a motivation to combine references may be implicit and when the ‘improvement’ is technology-independent and the combination of references results in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient. In this case, the orientation of Jakob also provides more efficient spacing in the axial direction by having radially ports instead of separate conduits and valves that extend axially into the port at 44 of Kubala.
Furthermore, the crux of the applicant’s invention of claim 1 appears to be a stationary housing part capable of having two different fluid flow through and not the orientation of how the two different fluids can flow to the stationary housing part. A person of ordinary skill in the art would reasonably consider either the design of Kubala or Jakob to include directly or indirectly inlet channels to the stationary housing part.
In regard to claim 2, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, and Kubala further discloses wherein the mechanical seal is switchable between the first and second balance ratio (See claim 1 above, as previously mentioned, the balance ratio is switchable depending on the user if air or liquid coolant is desired to flow through the rotary union).
In regard to claim 3, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 2, and Kubala further discloses wherein switching between the first and second balance ratio takes place hydraulically at the second media inlet channel in the stationary housing part, in such a way that the mechanical seal, when there is no pressure at the second media inlet channel, has the first balance ratio (See claim 1 above, when there is no pressure at the second media inlet channel in the stationary housing part, then the user can allow air to pass through the working space while the check valve 28b is closed in order to have the first balance ratio), and upon pressurization of the second media inlet channel with the second fluid medium has the second balance ratio (See claim 1 above, upon pressurizing the second media inlet channel, the liquid coolant passes through the working space while check valve 28a closes and passes through port 43 in order to have the second balance ratio).
In regard to claim 4, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 2, and Kubala further discloses wherein the seal ring carrier, with the stator seal ring fastened thereon, forms an axially movable seal ring assembly (Fig. 6, 38 is fastened to 40 which forms an axially movable seal ring assembly similar to the applicant’s invention), and wherein the switching from the first to the second balance ratio takes place hydraulically, by pressurization of the seal ring carrier with the second fluid medium (Fig. 6, as previously mentioned, pressurizing with the second fluid medium through the second media inlet channel allows a switch to the second balance ratio).
In regard to claim 5, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, and Jakob further discloses wherein the stationary housing part comprises a control channel (Fig. 1 control channel is from 37 to 41), and, at a point within the stationary housing part (Fig. 1, 37 is within the stationary housing part), the control channel branches off from the second media inlet channel (Fig. 1, 23 defines the second media inlet channel and at 41 the control channel branches off from 23) and extends within the stationary housing part from the second media inlet channel to the seal ring carrier (Fig. 1, from 41 to 37 extends within the stationary housing part from 23 to a seal ring carrier. This is similar to Kubala in Fig. 6 such that there is a control channel at 43 to pressurize the seal carrier) such that the second fluid medium introduced in the second connection port flows through the second media inlet channel (Fig. 1, the second fluid medium that is introduced in the second connection port of 23 is also flowing through the second media inlet channel) to the working space (Fig. 1, second fluid medium through 23 enters the working space) and to the control channel and further through the control channel to the seal ring carrier (Fig. 1, the same second fluid medium enters 41 and further through 37 to the seal ring carrier. See claim 1 above for the same reasons to combine Kubala and Jakob.).
In regard to claim 6, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 5, and Jakob further discloses wherein the second media inlet channel comprises an integrated check valve within the stationary housing part (Fig. 1, check valve at 29 of a second media inlet channel at 23 within a stationary housing part), and the control channel branches off at a point within the stationary housing part upstream of the check valve and leads to the seal ring carrier (Fig. 1, 37 is at least upstream of the check valve at 29 which leads to the seal ring carrier. See claim 1 above for the same reasons to combine Kubala and Jakob.).
In regard to claim 7, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, and Jakob further discloses wherein at a point within the stationary housing part a control channel branches off from the second media inlet channel (See claim 5 above for the same reasons), and wherein the first media inlet channel does not comprise a control channel (Fig. 1, first media inlet channel at 26 does not comprise a control channel like that of 23), such that upon pressurization of the second media inlet channel and the control channel, a different balance ratio is effective compared with the first media inlet channel (Fig. 1, upon pressurization of the second media inlet channel at 23 and the control channel at 37, a different balance ratio is effective compared with the first media inlet channel at 26. See claim 1 above for the same reasons to combine Kubala and Jakob.).
In regard to claim 8, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, and Jakob further discloses wherein the stationary housing part comprises a control channel within the stationary housing part which, at a point within the stationary housing part, branches off from the second media inlet channel (See claim 5 above for the same limitation) and leads to an outside diameter of the seal ring carrier, in order to apply hydraulic pressure to the outside diameter of the seal ring carrier by the second fluid medium (Fig. 1, at 37 leads to an outside diameter of a seal ring carrier in order to apply hydraulic pressure to the outside diameter of the seal ring carrier by the second fluid medium) which is introduced in a pressurized manner into the second media inlet channel (Fig. 1, second fluid medium at 23 is pressurized into the second media inlet channel at 23. See claim 1 above for the same reasons to combine Kubala and Jakob.).
In regard to claim 9, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, and Kubala further discloses wherein the seal ring carrier comprises a first axial region having the first effective diameter (See image above for claim 1, at “D1” defines a first axial region having the first effective diameter “D1”), and a second axial region having the second effective diameter (See image above for claim 1, at “D1’” defines a second axial region having the second effective diameter “D1’”), wherein the first effective diameter corresponds to the first balance ratio and the second effective diameter corresponds to the second balance ratio (See image above for claim 1, “D1” corresponds to the first balance ratio and “D1’” corresponds to the second balance ratio), and wherein a control channel is included within the stationary housing part (Fig. 6, a control channel from 28’ to 43 and 43 is within the stationary housing part), which leads to the second axial region (Fig. 6, the control channel leads to the second axial region of 40 at D1’), wherein the second balance ratio is brought about in that the second effective diameter of the seal ring carrier is pressurized with the second fluid medium via the control channel (Fig. 6, the second balance ratio is achieved when D1’ is pressurized similar to the applicant’s invention).
In regard to claim 14, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, but do not expressly disclose wherein at least one of:
the first balance ratio of the mechanical seal having a value in the range from approximately 0.45 to 0.6, and
the second balance ratio of the mechanical seal having a value of greater than approximately 0.6.
While Kubala in view of Jakob do not expressly disclose the first balance ratio of the mechanical seal having a value in the range from approximately 0.45 to 0.6 and/or the second balance ratio of the mechanical seal having a value of greater than approximately 0.6; the balance ratios 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. See MPEP 2144.05(II).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Kubala in view of Jakob to have the first balance ratio of the mechanical seal having a value in the range from approximately 0.45 to 0.6 and/or the second balance ratio of the mechanical seal having a value of greater than approximately 0.6, as the balance ratios may be optimized to the desired operational parameters through the use of routine experimentation to have the advantage of a strong and reliable seal in the rotary union and a desired functionality of the rotary union with different fluids. 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.
Additionally, the applicant’s specification lacks any description of the performance outside the claimed range values and lacks any description of non-obvious or unexpected results of the claimed range values. Therefore, the claimed values are arbitrary and lacks criticality. The crux of applicant’s invention with regard to the balance ratios is that there is pressurization on an outside diameter of the seal carrier which has at least two different outside diameters.
In regard to claim 17, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, and Kubala further discloses wherein at least one of the rotor seal ring and the stator seal ring, of the mechanical seal is a silicon carbide seal ring (In 6:49-67 discloses 36 and 38 can be made of silicon carbide).
In regard to claim 21, Kubala and Jakob disclose a multimedia-compatible rotary union for transferring different fluid media, having different viscosities, from a stationary machine part to a rotating machine part, comprising:
a stationary housing part for installation in the stationary machine part, and comprising a working space,
a rotor for connection to the rotating machine part and having a fluid channel for establishing a fluidic connection to the working space of the stationary housing part,
a mechanical seal between the stationary housing part and the rotor, wherein the mechanical seal comprises a rotor seal ring that rotates together with the rotor, and a stator seal ring, wherein the stator seal ring or the rotor seal ring is fastened to an axially movable seal ring carrier, and the mechanical seal can open and close by axial movement of the seal ring carrier,
wherein the stationary housing part comprises at least a first media inlet channel for introducing a first fluid medium into the stationary housing part and a second media inlet channel for introducing a second fluid medium into the stationary housing part for introducing a fluid medium into the stationary housing part, wherein the first and second media inlet channels open into the working space, and wherein the first fluid medium is introducible into the rotary union, under pressurization, via the first media inlet channel into the working space or the second fluid medium is introducible into the rotary union, under pressurization, via the second media inlet channel into the working space (See claim 1 above that requires the same features of “A multimedia-compatible rotary union…the working space”), and
wherein a balance ratio switching device is included, by which the mechanical seal is switchable between a first and second balance ratio (See claim 1 above for the same reasons, the balance ratio switching device can be defined by the parts that allow a first and second balance ratio).
Claims 10-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kubala (US 5,669,636) in view of Jakob (DE 102008036051 B3) and further in view of Mendez (US 2022/0252180 A1).
In regard to claim 10, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, but do not expressly disclose comprising a third media inlet channel for introducing a third fluid medium into the stationary housing part, wherein the third media inlet channel opens into the working space, and wherein the third fluid medium is introducible into the rotary union, under pressurization, alternately via the first, the second, or the third media inlet channel, respectively.
In the related field of pipe joints with valves, Mendez teaches a fitting (Fig. 11 shows a three-way port fitting and Fig. 12 shows a four-way port fitting) having at least a three-way port with at least one check valve (Figs. 11 and 12, at least one of the ports has a check valve as disclosed in [0123]) in order to have the advantage of improving piping and fluid components that reduce the number of connections and potential leak paths and reduce the costs and complexity of fluid circuits (In [0008] discloses the advantage of the fitting).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the working space of Kubala in view of Jakob to include a third media inlet channel that extends axially and opens axially into the working space with a reasonable expectation of success in order to have the advantage of improving piping and fluid components that reduce the number of connections and potential leak paths and reduce the costs and complexity of fluid circuits as taught by Mendez.
Additionally, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP § 2144.04(VI)(B). In this case, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the working space of Kubala in view of Jakob to include an additional third media inlet channel of the same type of fluid from source 11 or source 11’ in order to have at least the advantage of additional air or liquid coolant and redundancy to increase reliability in case one of the lines fail or undergo maintenance.
In regard to claim 11, Kubala, Jakob, and Mendez disclose the multimedia-compatible rotary union according to claim 10, and Jakob further discloses at least two media inlet channels extend radially and opens radially into a working space (Fig. 1, medial inlet channels 25 and 26 which extend radially into a working space between 27 and 28). This configuration matches what is schematically shown in Fig. 6 of Kubala such that the working space in Kubala is between two check valves 28a and 28b. See claim 10 above for the same reasons to combine Kubala, Jakob and Mendez.
See the following of an overlay of how the rotary union of Kubala in view of Jakob and Mendez would reasonably suggest.
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Additionally, it has been held that matters relating to positioning of parts were held unpatentable if the different positions would not have modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). See MPEP § 2144.04(VI)(C). In this case, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first, second, and third media inlet channels Kubala in view of Jakob and Mendez to include at least two of the first and second media inlet channels extend radially and open radially into the working space and the third media inlet channel extends axially and opens axially into the working space because the different positions of the inlet channels would not have modified the operation of the rotary union. The crux of applicant’s invention is not the orientation of the media inlet channels and is instead the amount so that different fluids can be introduced within the rotary union. Kubala already discloses two different fluids being introduced into the rotary union and only shows schematically in Fig. 6 of how the different fluids are connected to the rotary union. Adding additional fluid channels are within a person of ordinary skill in the art.
In regard to claim 12, Kubala, Jakob, and Mendez disclose the multimedia-compatible rotary union according to claim 10, and Kubala further discloses wherein at least one of the following features are fulfilled:
at least one of the first and second media inlet channels comprises an integrated check valve (Fig. 6, check valves 28a and 28b), and
the first and second media inlet channels each comprise an integrated check valve (Fig. 6, check valves 28a and 28b).
In regard to claim 13, Kubala, Jakob, and Mendez disclose the multimedia-compatible rotary union according to claim 10, and Kubala further discloses wherein at least one of the following features are fulfilled:
at least one of the first and third media inlet channels is arranged so as to bring about the first balance ratio of the mechanical seal upon pressurization, wherein the first balance ratio is suitable for gaseous media (Fig. 6, the first media inlet channel provides the first balance ratio and suitable for gaseous media such as air as previously mentioned above for claim 1), and
at least one of the first, second, and third media inlet channels is arranged so as to bring about one of the first or the second balance ratio upon pressurization with a cooling lubricant, wherein one of the first or second balance ratio is suitable for the cooling lubricant (Fig. 6, the second media inlet channel provides the second balance ratio and suitable for liquid coolant as previously mentioned above for claim 1).
In regard to claim 16, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, and Kubala, Jakob, and Mendez further disclose further comprising a third axial media inlet channel (See claim 10 above for the same reasons), wherein the second media inlet channel extends radial (See claim 11 above for the same reasons with regard to orientation and arrangement of the media inlet channels) and wherein the balance ratio upon pressurization of the radial second media inlet channel and the balance ratio upon pressurization of the third axial media inlet channel are different (See claim 10 above for the same reasons, only the second media inlet channel would have the second balance ratio since it includes an additional pathway to the seal carrier 40).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kubala (US 5,669,636) in view of Jakob (DE 102008036051 B3) and Mendez (US 2022/0252180 A1) and further in view of Burrus et al. (US 2011/0126909 A1, hereinafter “Burrus”)
Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, and Kubala, Jakob, and Mendez further disclose further comprising a third axial media inlet channel (See claim 10 above for the same reasons to have a third media inlet channel), and,
upon pressurization of the first media inlet channel with the first fluid medium with a gaseous medium, the first balance ratio is present (See claim 13 above for the same reasons),
upon pressurization of the second media inlet channel with the second fluid medium with a cooling lubricant, the second balance ratio is present (See claim 13 above for the same reasons), and
upon pressurization of the third axial media inlet channel with a third fluid medium with air, the first balance ratio is present (See claim 10 above for the same reasons).
Kubala, Jakob, and Mendez only disclose air for providing the first balance ratio and do not expressly disclose aerosol.
In the related field of rotary unions, Burrus teaches aerosol as an equivalent gas to air which provides better thermal control when machining very hard materials (Fig. 1A shows a rotary union and in [0005] discloses air or aerosol provides better thermal control when machining very hard materials).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the air of Kubala in view of Jakob and Mendez for aerosol with a reasonable expectation of success in order to have the advantage of a known gas that also provides better thermal control when machining very hard materials as taught by Burrus. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kubala (US 5,669,636) in view of Jakob (DE 102008036051 B3) and further in view of Kubala (US 2004/0119280 A1, hereinafter “Kubala ‘280”)
Kubala and Jakob discloses the multimedia-compatible rotary union according to claim 1, and Kubala further discloses wherein a control channel leads to an outside diameter of the seal ring carrier (Fig. 6, control channel at 28’ to 43 which leads to an outside diameter of 40), wherein the seal ring carrier is sealed by a secondary seal in the stationary housing part (Fig. 6, at 33 and 34 define a secondary seal), and the secondary seal comprises a first secondary sealing ring (Fig. 6, at 34) and a second secondary sealing ring (Fig. 6, at 33) which are arranged on axially opposing sides of the control channel (Fig. 6, 33 and 34 are on axially opposing sides of the control channel), and
Kubala in view of Jakob do not expressly disclose the second secondary sealing ring being an elastomer ring having a U-shaped cross section.
In the related field of rotary unions and the same inventor, Kubala ‘280 teaches a rotary union (Fig. 1 shows a rotary union) having an elastomer ring having a U-shaped cross-section (Fig. 3, elastomer ring 30 which has a U-shape cross-section and in [0022] describes the elastomer ring 30) in order to have at least the advantage of creating a micro pop-off separation when the rotary union is depressurized (In [0022-0025] discloses the advantages of the U-shaped elastomer ring 30).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the O-ring of the second secondary sealing ring of Kubala in view of Jakob for the U-shaped elastomer ring of Kubala ‘280 with a reasonable expectation of success in order to have the advantage of creating a micro pop-off separation when the rotary union is depressurized as taught by Kubala ‘280. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kubala (US 5,669,636) in view of Jakob (DE 102008036051 B3) and further in view of FLITNEY, Robert K. “Seals and Sealing Handbook”, 3 August 2007; pages 27-28, as listed on the IDS filed on 11/09/2023 (Hereinafter “Robert”).
In regard to claim 18, Kubala and Jakob disclose the multimedia-compatible rotary union according to claim 1, and Kubala further discloses wherein a control channel leads to an outside diameter of the seal ring carrier (Fig. 6, control channel at 28’ to 43 which leads to an outside diameter of 40), wherein the seal ring carrier is sealed by a secondary seal in the stationary housing part (Fig. 6, at 33 and 34 define a secondary seal), and the secondary seal comprises a first secondary sealing ring (Fig. 6, at 34) and a second secondary sealing ring (Fig. 6, at 33) which are arranged on axially opposing sides of the control channel (Fig. 6, 33 and 34 are on axially opposing sides of the control channel), and
Kubala in view of Jakob do not expressly disclose the first secondary sealing ring being quad ring.
In the related field of seals, Robert teaches an X-ring, which has the same cross-sectional shape as applicant’s quad ring shown in Fig. 21, provides at least advantages over O-rings such that X-rings are at least resistant to spiral twisting with cyclic pressure (See pages 3-4 of Robert that discloses the advantages of X-rings over O-rings).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the O-ring of the first secondary sealing ring of Kubala in view of Jakob for the quad ring of Robert with a reasonable expectation of success in order to have the advantage of at least resistant to spiral twisting with cyclic pressure as taught by Robert. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
In regard to claim 19, Kubala, Jakob, and Robert disclose the multimedia-compatible rotary union according to claim 18, wherein the quad ring is preloaded on the seal ring carrier and is axially movable, relative to the stationary housing part, at an outside diameter of the seal ring carrier (Fig. 6 of Kubala, seal at 34 is at least pre-loaded on 40 and is axially movable relative to 16 at an outside diameter of 40. See claim 18 above for the same reasons to replace the O-ring at 34 for a quad ring.).
In regard to claim 20, Kubala, Jakob, and Robert disclose the multimedia-compatible rotary union according to claim 18, wherein the stationary housing part comprises a peripheral groove for the quad ring (Fig. 6 of Kubala, groove at 34), in which the quad ring is accommodated, wherein the quad ring has axial clearance, for axial mobility, in the groove (Fig. 6, groove at 34 has axial clearance for axial mobility to allow the seal 34 to move axially within the groove. See claim 18 above for the same reasons to substitute the O-ring for a quad ring.).
Response to Arguments
Applicant's arguments filed 07/15/2025 have been fully considered but they are not persuasive.
In response to applicant’s arguments that the Examiner’s interpretation of the term “balance ratio” as limited to the equation in applicant’s specification in paragraphs [0134] and [0139] improperly reads subject matter from the specification into the claims, however, the Examiner respectfully disagree because a balance ratio is a not a known term in the art and that the equation is in agreement with applicant’s argument such that it describes a ratio of a hydraulically or pneumatically loaded surface to a contact surface between the seal rings. If applicant believes a “balance ratio” is more or less than the equation in [0134] and [0139], then applicant must provide evidence of what is included in the claimed balance ratio under broadest reasonable interpretation. Therefore, applicant’s arguments are unpersuasive.
Applicant’s arguments with respect to claims 1 and 21 have been considered but are moot because the new ground of rejection does not rely on the same references applied in the prior rejection of record for all teaching or matter specifically challenged in the argument. See the updated rejection that includes the combination of Kubala in view of Jakob that discloses all the features of claims 1 and 21.
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 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 William S. Choi whose telephone number is (571)272-8223. The examiner can normally be reached Mon - Fri 9:30-5:30.
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/WILLIAM S. CHOI/Primary Examiner, Art Unit 3679