DETAILED ACTION
Drawings
The drawings are objected to because at Fig. 6 reference numerals 412 and 812 are transcribed. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because:
Paragraphs 16 & 63 include undefined acronym ABS.
In paragraph 49, outer race 210 is misnumbered.
In paragraphs 64-66, ABS sensor 310 is misnumbered.
In paragraph 94, maze forming portion 812 is misnumbered.
The abstract of the disclosure is objected to because it begins with a phrase that can be implied and because it is not written in clear narrative form. It is instead written in the form of a claim. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 Rejections - 35 USC § 112
Claims 4, 8 & 10-11 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.
Claim 4 recites the limitation, “the band [that assembles the bearing seal unit between the second of the boot and the driveshaft] is fastened in a structure surrounding the large-diameter section of the boot, whereby the boot is fastened to the outer ring.” No such band is disclosed or otherwise suggested in the specification.
Each of claims 8 & 10-11 recites the limitation, “a housing supporting portion [410] bending toward the inclined surface is formed on an inner surface of the end of the small-diameter section of the boot [400b]” (see Figs. 4-7). However, each of claims 8 & 10-11 depends from claim 1 which recites the limitation, “a bearing seal unit assembled between a small-diameter section [400a] at a second end of the boot and a driveshaft by a band [b] and configured to prevent inflow of foreign substances while restricting rotation of the boot” which reads exclusively on an embodiment that lacks housing supporting portion 410 (see Figs, 1-2). As such there is no description of a boot assembly that includes all the limitations of claims 8 & 10-11.
Claims 4, 8 & 10-11 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 4 recites the limitation, “the band [that assembles the bearing seal unit between the second of the boot and the driveshaft] is fastened in a structure surrounding the large-diameter section of the boot, whereby the boot is fastened to the outer ring.” No such band is disclosed or otherwise suggested in the specification. As such, it would not be possible for one of ordinary skill in the art to make or use the claimed invention without undue experimentation. In making this determination the examiner affirms that he has considered the breadth of the claims;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
the nature of the invention;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
the state of the prior art;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
the level of one of ordinary skill;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
the level of predictability in the art;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
the amount of direction provided by the inventor; any
PNG
media_image1.png
18
19
media_image1.png
Greyscale
existence of working examples; and the quantity of experimentation needed to make or use the invention based on the content of the disclosure.
Each of claims 8 & 10-11 recites the limitation, “a housing supporting portion [410] bending toward the inclined surface is formed on an inner surface of the end of the small-diameter section of the boot [400b]” (see Figs. 4-7). However, each of claims 8 & 10-11 depends from claim 1 which recites the limitation, “a bearing seal unit assembled between a small-diameter section [400a] at a second end of the boot and a driveshaft by a band [b] and configured to prevent inflow of foreign substances while restricting rotation of the boot” which reads exclusively on an embodiment that lacks housing supporting portion 410 (see Figs, 1-2). As such there is no description of a boot assembly that includes all the limitations of claims 8 & 10-11. As such, it would not be possible for one of ordinary skill in the art to make or use the claimed invention without undue experimentation. In making this determination the examiner affirms that he has considered the breadth of the claims;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
the nature of the invention;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
the state of the prior art;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
the level of one of ordinary skill;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
the level of predictability in the art;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
the amount of direction provided by the inventor; any
PNG
media_image1.png
18
19
media_image1.png
Greyscale
existence of working examples; and the quantity of experimentation needed to make or use the invention based on the content of the disclosure.
Claim 3 is 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. Claim3 includes undefined acronym ABS.
Claim Rejections - 35 USC § 102
Claims 1, 4-6 & 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krude. US 2003/0144061. At Fig. 1, Krude shows a boot assembly of a drive axle, comprising:
a wheel bearing (26) assembled to a wheel housing (12);
an outer ring (36) formed in a ring shape and having an outer part fixed to an outer race (31) of the wheel bearing;
a boot having a large-diameter section (43) at a first end assembled to an inner part of the outer ring; and
a bearing seal unit (37) assembled between a small-diameter section (41) at a second end of the boot and a driveshaft (14) by a band (42) and configured to prevent inflow of foreign substances while restricting rotation of the boot,
wherein an outer surface of the inner part of the outer ring is inserted in an inner surface of the large-diameter section of the boot; and a second band (45) is fastened in a structure surrounding the large-diameter section of the boot, whereby the boot is fastened to the outer ring,
wherein the bearing seal unit includes: a shaft bearing (49) assembled between the small-diameter section of the boot and the driveshaft; and a shaft seal (39) assembled between the small-diameter section of the boot and the driveshaft at a position closer to an end of the small-diameter section of the boot than the shaft bearing,
wherein a bearing housing (47) is forcibly assembled on an inner surface of the small-diameter section of the boot in a shape surrounding the shaft bearing and the shaft seal; and a boundary step is formed on an inner surface of the bearing housing at a boundary to the shaft bearing facing the shaft seal.
Allowable Subject Matter
Claims 2, 7 & 12-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Huff, Naka and Jeong each disclose a boot assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Greg Binda whose telephone number is (571)272-7077. The examiner can normally be reached 9:30-5:30 et.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Greg Binda/Primary Examiner, Art Unit 3679