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 .
It is noted that applicant has provided board claims that applicants own patents and prior that is provided in applications teach limitations. Applicant should review all non-final and final rejections of assignees own applications (e.g. in an interview examiner has provided all the applications).
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11543031. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 1-19 of patent teaches limitation of claims 21-40 (applicant should compare claims of patent and current application).
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12000484. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 1-17 teach limitation of claims 21-40 (applicant should compare claims of patent and current application).
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: applicant should compare to added limitation to claims which should be provided in the specification.
Claim Rejections - 35 USC § 112
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 31-32 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 21 defines the axial interior surface of the second stator, the axial interior surface of the access plate and then in claim 31, claim is stating the second stator further comprises a radially oriented interior stator surface, the access plate further comprises a radially oriented interior access plate surface that is spaced in parallel opposite to the radially oriented interior surface and the pair of opposing sides of the internal channel comprises the radially oriented interior stator surface and the radially oriented access plate surface. This also applies to claim 32.
Based on the above how does one have axial interior surfaces that form the internal channel and now radial surfaces also form the internal channel?
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.
Claim(s) 21, 27-33, 37-38, 40 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Jonsson et al (US. 5636849A) in view of Forrest (US. 8939646B2).
Jonsson et al discloses an annular seal assembly, comprising a first stator (e.g. 1st), a second stator (e.g. 2nd) positioned within the first stator, the second stator comprising a radially interior surface (e.g. interior surface having 53) and an axially oriented shelf (e.g. S) comprising an underside facing away from the first stator, an access plate (e.g. P) comprising a radially exterior surface (e.g. RS) engaged with the underside of the axially oriented shelf of the second stator, an axially interior surface of the access plate and the axially interior surface of the second stator define a pair of opposing sides that form an internal channel (e.g. channel having 53), a throttle member (e.g. 53) positioned at least partially within the internal channel, such that the throttle member is slidably movable in the internal channel relative to the second stator (e.g. this is case as 53 is slidably displaceable), wherein one or more of the throttle member and at least one opposing side of the pair of opposing sides that form the internal channel defines an annular recess (e.g. R) and at least one O-ring (O-ring) seated within the annular recess. The second stator comprising an axially interior surface (e.g. surface having the O-ring). The access plate comprising the axially interior surface and wherein the axially interior surface of the access plate and the axially interior surface of the second stator define the pair of opposite sides that form the internal channel (e.g. the channel having 53). The throttle member (53) positioned at least partially within the internal channel and adjacent the axially interior surface of the access plate.
Wherein the first stator comprises a radially exterior surface and a concave surface (e.g. 37). Wherein the second stator comprises a radially exterior surface and a convex surface (e.g. 36).
Wherein the throttle member defines an radially exterior surface (e.g. outer surface of 53).
Regarding claim 27: Wherein the first stator comprises a concave surface formed on a radially interior portion thereof and the second stator comprises a convex surface formed on a radially exterior portion thereof (e.g. 36 and 37), the concave surface of the first stator and the convex surface of the second stator forming a semispherical interface (e.g. semispherical interface between 36 and 37) between the first stator and the second stator.
Regarding claim 28: Wherein the concave surface further comprises a shelf formed therein (e.g. inside or bottom part of concave surface between 50).
Regarding claim 29: Wherein the convex surface comprises a convex shelf (e.g. top part of convex surface between 50).
Regarding claim 30: Wherein the second stator is movable with respect to the first stator about a semispherical interface (e.g. 36 and 37 of the first and second stator), such that a longitudinal axis of the second stator may be misaligned with respect to a longitudinal axis of the first stator.
Regarding claim 31: Wherein the second stator comprises a radially oriented interior stator surface, the access plate further comprises radially oriented interior access place surface that is spaced in parallel opposite to the radially oriented interior stator surface and the pair of the opposing sides of the internal channel comprises the radially oriented interior stator surface and the radially oriented access plate surface (e.g. see figure below).
Regarding claim 32: Wherein the throttle member directly contacts and slidably engages the pair of opposing sides of the internal channel (e.g. rejected as best understood in view of o-rings that are between side wall and the throttle member). Examiner has provided sidewalls which can be other ring elements and/or just wall having the recess with O-ring.
Regarding claim 33: Jonsson discloses a seal assembly, comprising an annular stator (e.g. 1st) having a concave surface (e.g. 37) formed on a radially interior portion thereof, a second stator positioned within the annular stator (e.g. see figure below), the second stator comprising a convex surface (e.g. 36) formed on a radially exterior portion thereof, an axially extending surface (e.g. surface having recess R with O-ring), an access plate (e.g. P) comprising a radially exterior surface that is engaged with the axially extending surface of the second stator to define an internal channel (e.g. internal channel having 53), wherein the radially exterior surface of the access plate is radially interior of the axially extending surface of the second stator (see rejection of claim 21), a throttle member at least partially positioned within the internal channel, the throttle member being sildable movable in the internal channel relative to the second stator, wherein one or more of the throttle member and at least one opposing side of a pair of opposing sides of the internal channel defines an annular recess and at least one O-ring seated within the annular recess (e.g. see rejection of claim 21).
Regarding claim 37: Jonsson discloses an annular seal assembly, comprising a first stator engaged with a housing (e.g. housing having the first stator or annular stator) having a shaft extending from and rotatable with respect to the housing, the first stator being positioned over at least a portion of a periphery of the shaft (e.g. see figure below), a second stator positioned within the first stator and over the at least a portion of the periphery of the shaft, the second stator being formed with an internal channel on a radially interior surface thereof, an access plate (e.g. P) engaged with an axially oriented surface of the second stator, the internal channel being defined by the access plate and the second stator, a throttle member (e.g. 53) positioned at least partially within the internal channel, such that the throttle member is radially movable in the internal channel relative to the second stator, wherein one or more of the throttle member and at least one opposing side of a pair of opposing sides of the internal channel defines an annular recess, at least one O-ring ]seated within the annular recess and wherein a relative axial position of the access plate with respect to the second stator is adjustable, via a threaded coupling (e.g. bolts not shown that attach 35A to 35B, evidence provided by reference US 8267635) between the access plate and the second stator, to adjust an amount of compression of the at least one O-ring against the throttle member (e.g. element 35 pushes all elements in the internal channel to an end wall having O-ring). See rejection of claim 21 which has the added limitations.
Regarding claim 38: Wherein the first stator comprises a concave surface formed on a radially interior portion thereof and the second stator comprises a convex surface formed on a radially exterior portion thereof, the concave surface of the first stator and the convex surface of the second stator forming a semispherical interface between the first stator and the second stator (see rejection of claims above).
Regarding claim 40: Wherein the throttle member defines a radial channel (e.g. C extending from radial exterior surface of the throttle member) extending from a radial exterior surface of the throttle member (e.g. figure below).
Regarding claim 42: see rejection of claim 37.
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Jonsson discloses the invention as claimed above but fails to disclose that the throttle movable in radially direction. Forrest discloses a seal arrangement, a housing (e.g. 630), a shaft (e.g. 620), plurality of packing seals (e.g. 612-614), a throttle member (e.g. 300, figures 3a-3b) that is of flexible material that is movable in radial direction (e.g. “the diameter of the inner surface 302 is slightly larger than the diameter of a shaft and the outer surface 301 is slightly smaller than a diameter of a seal cavity.”, this provides the movable in radial direction) and the throttle member having plurality of radial channels (e.g. 305) extending from a radial exterior surface at equal distributed around a periphery of the throttle member (e.g. see figure 3A-3B). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the throttle member of Jonsson to be radially movable and also to provide lubrication to inner surface of throttle via radial channels as taught by Forrest with reasonable expectation of success, to provide lubrication between throttle member and the shaft (e.g. see description of 301 in Forrest).
Claim(s) 23-26 and 34-36 are rejected under 35 U.S.C. 103 as being unpatentable over Jonsson and Forrest and further in view of Hoehle et al (US.20160245410A1) or many other patents and/or publications of Assignee.
Jonsson discloses the invention as claimed above but fails to disclose a first stator inlet from a radially exterior surface to the concave surface, a second stator inlet extending from a radially exterior surface to the internal channel and the throttle member having plurality of radial channels extending from the radially exterior surface at equally distributed around a periphery of the throttle member. Hoehle teaches many embodiments of seal assemblies with a first member having a first port (e.g. 9) extending from exterior to interior thereof (e.g. channel 9, figure 12), a second member inside the first member having a second port (e.g. 29 and 27) extending from exterior to interior thereof and a third member inside the second member with a plurality of third ports (e.g. 28) extending from exterior to interior thereof which are equally distributed around a periphery of the third member (e.g. applicant should review all patents to assignee and this entire document). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the seal assembly of Jonsson to have fluid ports that extend from exterior to interior (e.g. first port of Hoehle to be on the 1st stator, second port to be on the 2nd stator and plurality of third ports to be on the throttle member) as taught by Hoehle with reasonable expectation of success that provides lubrication and/or venting of the shaft seal assembly (e.g. see description of all ports or bores in Hoehle).
Claim(s) 41 is rejected under 35 U.S.C. 103 as being unpatentable over Jonsson and Forrest in view of Parker (US. 2985473).
Jonsson discloses the invention as claimed above but fails to disclose the radial exterior surface is a threaded outer surface and the radially interior surface is a threaded inner surface. Parker discloses a seal assembly with two elements that are mounted by a bolt or screws (e.g. figure 3 of Parker) similar to Jonsson and also teaches in another embodiment two elements that are connected by internal and external threads on outer and inner surfaces, respectively (e.g. figures 1 and 4 of Parker). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have one type of mounting type such as bolts of Jonsson to be replaced by another mounting type such as threads as taught by Parker with reasonable expectation of success to hold two elements together and having one type of mounting be replaced another type of mounting is considered to be art equivalent (e.g. see figures 1, 3 and 4 of Parker).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant has claimed the invention so broadly that own art issued in many patents reads on the claims (see own patents on form 1449 and 892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL A PATEL whose telephone number is (571)272-7060. The examiner can normally be reached 7:00 am to 4:00pm.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675