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 is fastened in a structure surrounding the small-diameter section of the boot, whereby the boot is fastened to the outer ring.” No such band is disclosed or otherwise suggested in the application as originally filed. In the application as originally filed the band b that is fastened to the small diameter section 400b fastens the boot 400 to the shaft 500, not the outer ring 300. See Fig. 2.
Each of claims 8 & 10-11 recites that both a band b and a housing supporting portion 410 are at small diameter end of the boot 400. No such combination of features is disclosed or otherwise suggested in the application as originally filed.
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 is fastened in a structure surrounding the small-diameter section of the boot, whereby the boot is fastened to the outer ring.” No such band is disclosed or otherwise suggested in the disclosure where the band b is fastened to the small diameter section 400b so that the boot 400 is fastened to the shaft 500, not the outer ring 300 (see Fig. 2).
Each of claims 8 & 10-11 recites that both a band b and a housing supporting portion 410 are at small diameter end of the boot 400. No such combination of features is disclosed or otherwise suggested in the application as originally filed.
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;
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the nature of the invention;
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the state of the prior art;
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the level of one of ordinary skill;
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the level of predictability in the art;
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the amount of direction provided by the inventor; any
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existence of working examples; and the quantity of experimentation needed to make or use the invention based on the content of the disclosure.
Response to Arguments
Applicant's arguments filed March 16, 2026 have been fully considered but they are not persuasive.
With regard to claim 4, applicant argues the claim has been amended to recite features shown in Figs. 1 & 2. However, neither of those drawings shows the band b fastening the small diameter end 400b of the boot 400 to the outer ring 300 as recited in claim 4.
With regard to claims 8 & 10-11, applicant argues the claims have been amended to recite features shown in Figs. 4-7. However, none of those drawings shows the bearing seal unit assembled between the small diameter end 400b of the boot 400 and the driveshaft 500 by a band b as recited in each of claims 8 & 10-11 by virtue of their depending from claim 1.
Allowable Subject Matter
Claims 1, 3, 5-7, 9 & 12-17 are allowed.
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.
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.
/Greg Binda/Primary Examiner, Art Unit 3679
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