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 .
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.
Allowable Subject Matter
Claim 38 is 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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 28 and 32 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. The original disclosure does not have “wherein the concave surface further comprises a shelf formed therein” and “the throttle member directly contacts and slidably engages the first surface of the second stator and the second access plate surface of the access plate”. Claims are rejected as best understood.
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 28 and 31-33 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.
Entire claim 28, “wherein the concave surface…therein”, unclear where in original disclosure to understand limitation.
Entire claim 31, “the first surface of the second stator is radially oriented, the second access plate surface of the access plate is radially oriented and is spaced in parallel opposition first surface of the second stator”, unclear what applicant means by this? It is noted that for examination purpose the first surface is parallel opposite of the second surface.
Entire claim 32, unclear what applicant is trying to claim in view of what is originally disclosed.
Claim 33, “the concave surface” and “the convex surface”, unclear what relationship is supposed to be thereof.
Claim 30 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: the structure of the first stator and the second stator that form semispherical interface. Claims are rejected as best understood.
Claims 25-26 and 36 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: inlet ports of stator members associated with radial channels of the throttle member. Claims 25-26 are rejected as best understood.
Claim Rejections - 35 USC § 102
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.
Claim(s) 21, 31-32, 37 and 41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parker (US. 2985473).
Parker discloses an annular seal assembly, comprising a first stator (e.g. 15), a second stator (e.g. 10 and 12) positioned within the first stator (e.g. the second stator is positioned within the outer diameter of 15), the second stator comprising a first surface (e.g. 10 having first surface that is contacted by 24) facing axially inward, a second surface (e.g. outer diameter of 20 facing a second surface of 10) facing radially inward, and an axially oriented shelf (e.g. shelf having threads) comprising an underside facing (e.g. threads of 10 connecting threads of 12) away from the first stator, an access plate (e.g. 12) comprising a first access plate surface (e.g. surface of 12 having the threads) facing radially outward, the first access plate surface engaged with the underside of the axially oriented shelf of the second stator (e.g. threaded connection between 10 and 12), a second access plate surface (e.g. second surface contacted by 28) facing axially inward, wherein the second access plate surface and the first surface of the second stator define a pair of opposing sides that form an internal channel (e.g. internal channel having 20), a throttle member (e.g. 20) positioned at least partially within the internal channel and adjacent the second access plate surface, such that the throttle member is radially translatable (e.g. that is the case since the shaft 18 is angularly moved with would result in moving of the throttle member in radial direction) in the internal channel relative to the second stator, 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. recess having 24 or 28) and at least one O-ring (e.g. 24 or 28) seated within the annular recess. Regarding claim 31: Wherein the first surface of the second stator is radially oriented, the second access plate surface of the access plate is radially oriented and is parallel opposition to the first surface of the second stator (e.g. the surfaces that are contacted by 24 and 28). Regarding claim 32: The throttle member directly contacts and slidably engages the first surface of the second stator and the second access plate surface of the access plate (e.g. that is the case via O-rings 24 and 28). Regarding claim 37: The first stator engaged with a housing (e.g. ship housing having bulk head plate 15), the first stator being positioned over at least a portion of a periphery of a shaft (e.g. see figures) and the second stator positioned over the at least a portion of the periphery of the shaft (e.g. see figures). Regarding claim 41: Wherein the first access plate surface of the access plate is a threaded outer surface (e.g. threads of 12), the underside of the axially oriented shelf is a threaded inner surface (e.g. threads of 10) configured to engage the threaded outer surface of the access plate (e.g. threaded engagement between 10 and 12) and the threaded outer surface and the threaded inner surface are configured to cause the access plate to move axially relative to the second stator, in response to relative rotation of the access plate with respect to the second stator, so as to adjust an amount of compression of the at least one O-ring against the throttle member (e.g. that is the case since the first access plate can be tighten by the threads of 12).
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, 23-24 and 27-35, are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al (US. 5192083) in view of Whal et al (US. 3190661).
Jones discloses an annular seal assembly, comprising a first stator (e.g. 1st S), a second stator (e.g. 2nd S) positioned within the first stator (e.g. the second stator is positioned within the 2nd S, see figure below), the second stator comprising a first surface (e.g. surface) facing axially inward, a second surface (e.g. inner diameter facing 13b) facing radially inward, and an axially oriented shelf (e.g. shelf) comprising an underside facing (e.g. underside of the shelf receiving 16) away from the first stator, an access plate (e.g. 16) comprising a first access plate surface (e.g. 1st APS) facing radially outward, the first access plate surface engaged with the underside of the axially oriented shelf of the second stator (e.g. see figure below and figures), a second access plate surface (e.g. 2nd APS) facing axially inward, wherein the second access plate surface and the first surface of the second stator define a pair of opposing sides that form an internal channel (e.g. internal channel T), a throttle member (e.g. T) positioned at least partially within the internal channel and adjacent the second access plate surface, such that the throttle member is radially translatable (e.g. that is the case do to pressure between the inner surface of the throttle member and the outer surface of the shaft) in the internal channel relative to the second stator and an end surface of the throttle member is in contact with the first surface (e.g. see 36). Regarding claim 23: Wherein the first stator comprises an exterior surface facing radially outward (e.g. exterior surface of 1st S), a concave surface (e.g. inner surface of 1st S), a stator inlet (e.g. see port aligned with 29 and 30) extending from the exterior surface of the first stator to the concave surface of the first stator (e.g. see figures). Regarding claim 24: Wherein the second stator comprises a third surface facing radially outward (e.g. outer diameter surface of 2nd S that is received by the first stator 1st S), a stator inlet (e.g. see port in 44) extending from the third surface of the second stator to the internal channel (e.g. see figures). Regarding claim 27: Wherein the first stator comprises a concave surface (e.g. concave surface of an inner surface of 1st S) formed on a first stator portion facing radially inward (e.g. figure below), the second stator comprises a convex formed on a second stator portion (e.g. convex surface of an outer surface of 2nd S) facing radially outward, 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 figure below). Regarding claim 28: Wherein the concave surface further comprises a shelf formed therein (e.g. shelf receiving the 2nd S). Regarding claim 29: Wherein the convex surface further comprises a convex surface shelf (e.g. see convex and concave surface in figure below from one end to other end). Regarding claim 30: Wherein the second stator is movable with respect to the stator about a semispherical interface (e.g. this is the case while assembling the first stator and the second stator), such that a longitudinal axis of the second stator maybe misaligned with respect to a longitudinal axis of the first stator (e.g. that would be the case when convex surface contacts concave surface). Regarding claim 31: Wherein the first surface of the second stator is radially oriented, the second access plate surface of the access plate is radially oriented and is spaced in parallel opposition to the first surface of the second stator (e.g. see 2nd APS and surface in figure below). Regarding claim 32: Wherein the throttle member directly contacts and slidably engages the first surface of the second stator and the second access plate of the access plate (e.g. see 36). Regarding claim 33: see rejection of claims above. Regarding claim 34: See rejection of claims above. Regarding claim 35: see rejection of claims above.
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Jones discloses the invention as claimed above but fails to disclose 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 and at least one O-ring seated within the annular recess. Wahl discloses a seal assembly having a throttle member (e.g. floating members 16 and 17) inside a stator (33, 24 and 32), the stator having a first surface (e.g. 35), the stator having a second surface (e.g. 34), the first surface and the second surface form opposite sides that from an internal channel (e.g. channel having the throttle member), the throttle member having a first throttle surface (e.g. 37), the throttle member having a second throttle surface (e.g. 36), 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. recess having 38 or 39) and at least one O-ring (e.g. 38 or 39) seated within the annular recess. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the surfaces of the throttle member or the second stator of Jones to have annular recess with an O-ring as taught by Wahl with reasonable expectation of success to center the throttle member and permits a greater manufacturing tolerance (e.g. column 2, lines 60-70 of Wahl).
Claim(s) 21, 25-26, 33 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Orlowski et al (US. 7090403) in view of Parker.
Orlowski discloses an annular seal assembly, comprising a first stator (e.g. 19), a second stator (e.g. 18) positioned within the first stator (e.g. the second stator is positioned within the first stator), the second stator comprising a first surface (e.g. 1st surface) facing axially inward, a second surface (e.g. surface) facing radially inward, and an axially oriented shelf (e.g. shelf), an access plate (e.g. AP) comprising a first access plate surface (e.g. surface contacting the shelf), the first access plate surface engaged with the axially oriented shelf of the second stator (e.g. see figure below and figures), a second access plate surface (e.g. APS) facing axially inward, wherein the second access plate surface and the first surface of the second stator define a pair of opposing sides that form an internal channel (e.g. internal channel 102), a throttle member (e.g. 30) positioned at least partially within the internal channel and adjacent the second access plate surface, such that the throttle member is radially translatable (e.g. that is as stated and also the groove having 101 with clearance) in the internal channel relative to the second stator, 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. recess having O-ring 61) and an O-ring (e.g. O-ring 61 seated in the access plate) seated within the annular recess. Regarding claim 25: Wherein the throttle member comprises a surface facing radially outward and the throttle member defines a radial channel (e.g. radial channel 40a in 30) extending from the surface of the throttle member (figures). Regarding claim 26: Wherein the throttle member defines a plurality of radial channels equally distributed around a periphery of the throttle member (e.g. plurality of 40a). Regarding claim 33: The first stator having a concave surface formed on a portion thereof facing radially inward (e.g. that is the case since the first stator is circumferential which would create concave in front view), the second stator having a convex surface formed on a portion thereof facing radially outward (e.g. this is the case since the second stator is circumferential which would create convex in front view).
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Orlowski discloses the invention as claimed above but fails to disclose the axially oriented shelf being radially inward and the access plate having a surface that is radially outward and contacting the axially oriented shelf. Parker discloses to make a stator by having two pieces, the first piece is an L-shape and the second piece is a plate that is received in a portion of the L-shape (e.g. in short access plate 12 having axially outward threads that connect to axially inward threads of 10). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the access plate and the second stator of Orlowski to have axially outward threads connect to axially inward threads as taught by Parker with reasonable expectation of success to create proper space to accommodate throttle member and different O-rings (e.g. change in size and pressure on O-ring is done by the amount of threads are tighten, inherent do to threads on two members, also see Parker “floating seal carried by two threadedly adjustable members” and figure 1). It is noted that (claim 42) the combination of Orlowski and Parker teach a relative axial position of the access plate with respect to the second stator is adjustable via one or more fasteners to adjust an amount of compression of the at least one O-ring against the throttle member (this is achieved by the internal and external threads and/or screws in figures 2-3 taught by Parker and applied to Orlowski).
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675
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