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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1,3,10,12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Durand(US 20050104312 A1).
Regarding claim 1, Durand discloses an axle assembly(fig 1) comprising: a hub bearing(19) in which an axle shaft(11) is inserted ; a knuckle(see fig below) including a shaft hole(fig 1) and a stopper(see fig attached), the shaft hole extending in a direction of an axis of the axle shaft and housing the hub bearing(fig 1), the stopper preventing the hub bearing from moving inward in the direction of the axis inside the shaft hole; and a cover(see fig below) that is attached to the knuckle and pushes the hub bearing against the stopper from an outer side in the direction of the axis(fig 1 the bearing can be seen pushed up against the stopper unable to move).
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Regarding claim 3, Durand discloses wherein the cover contacts the hub bearing from the outer side in the direction of the axis(fig 1), and a gap(see fig above) in the direction of the axis is defined between the cover and the knuckle.
Regarding claim 10, Durand discloses wherein the cover is a forging(para 0023).
Regarding claim 12, Durand discloses an off-road vehicle(para 0012) comprising: an axle shaft(11) extending in a direction of an axis; a hub bearing(19) in which the axle shaft is inserted; a knuckle(see fig above) including a shaft hole(fig 3) and a stopper(see annotated fig above), the shaft hole extending in the direction of the axis and housing the hub bearing(fig 3), the stopper preventing the hub bearing from moving inward in the direction of the axis inside the shaft hole(fig 3 the stopper can be seen positioned such that it prevents the bearing from being able t0 move); and a cover(see fig above) that is attached to the knuckle and pushes the hub bearing against the stopper from an outer side in the direction of the axis(fig 1 the bearing can be seen pushed up against the stopper unable to move).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 2,4,5,11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durand(US 20050104312 A1) in view of Sendal(US 20180135700 A1).
Regarding claim 2, Durand does not specify if the cover has an annular shape however Sendal discloses wherein the cover has an annular shape surrounding the axis(para 0004). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Durand such that the seal is annular shaped to surround and seal off the entirety of the gap.
Regarding claim 4, Durand does not specify a labyrinth gap. However, Sendal discloses a similar seal wherein a labyrinth gap(130, fig 3) extending while bending. The combination would result in the Labyrinth gap being between the cover and the knuckle. It would have been obvious to one of ordinary skill in the art to modify Durand such that the seal comprises a labyrinth gap as friction torque or sliding heat generation such as with a contact type seal does not occur(para 0011).
Regarding claim 5, the combination of Durant and Sendal discloses wherein the labyrinth gap(130; Sendal) is connected to the gap(C, fig 3), and located outward of the gap in a radial direction about the axis(fig 3).
Regarding claim 11, Durand discloses an axle assembly(fig 1) comprising: a hub bearing(19) in which an axle shaft(11) is inserted; a knuckle(see fig above) including a shaft hole(fig 1), the shaft hole extending in a direction of an axis of the axle shaft and housing the hub bearing; and a cover(see fig above) attached to an opening end of the shaft hole of the knuckle on an outer side in the direction of the axis(fig 3).
Durand does not specify if the cover has an annular shape however Sendal discloses wherein the cover has an annular shape surrounding the axis(para 0004). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Durand such that the seal is annular shaped to surround and seal off the entirety of the gap.
Claim(s) 6,7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durand(US 20050104312 A1) in view of Majerik(US 20140265147 A1).
Regarding claim 6, Durand does not disclose the knuckle including an opposed surface facing the cover in the direction of the Axis. However, Majerik discloses a similar apparatus(fig 18,19) wherein the knuckle(266) includes an opposed surface(36) facing the cover(50) in the direction of the axis(fig 18,19), and the gap is defined between the cover and the opposed surface(fig 1,7,18 portray the positioning of the opposed surface in relation to the cover and knuckle). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Durand such that the knuckle comprises an opposed surface facing the cover to provide additional mounting points (para 0030).
Regarding claim 7, Durand discloses wherein the hub bearing includes a contact surface(see fig below) which contacts the cover and on which a pressing force from the cover is exerted, and in regard to a position in the direction of the axis(para 0004), the contact surface is located outward of the opposed surface in the direction of the axis(fig 1).
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Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Durand(US 20050104312 A1) and Majerik(US 20140265147 A1) in view of Sendal(US 20180135700 A1).
Regarding claim 8, Durand does not specify a labyrinth gap. However, Sendal discloses a similar seal wherein a labyrinth gap(130, fig 3) extending while bending. The combination would result in the Labyrinth gap being between the cover and the knuckle. It would have been obvious to one of ordinary skill in the art to modify Durand such that the seal comprises a labyrinth gap as friction torque or sliding heat generation such as with a contact type seal does not occur(para 0011).
Allowable Subject Matter
Claim 9 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.
Regarding claim 9, the closes prior art on record is Durand(US 20050104312 A1). However, Durand does not show disclose or render obvious the combination of the invention of claim 8 further comprising wherein the knuckle includes a recess located outward of the opposed surface in the radial direction about the axis and recessed inward in the direction of the axis, the cover includes a projection projecting inward in the direction of the axis and entering the recess, and a space between the projection and the recess is the labyrinth gap.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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SHAMS . DHANANI
Examiner
Art Unit 3614
/JAMES A ENGLISH/Primary Examiner, Art Unit 3614
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