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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/13/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Franksson et al. (US 2019/0211907) in view of Seibel et al. (US 8506271).
In claim 12, Franksson teaches (Fig. 1-4) a linear actuator, comprising: an outer housing (8, 22); an inner arm (23) disposed within and extending outside of the outer housing (8, 22), the inner arm (23) and outer housing (8, 22) defining an effective length; an electric motor (17) disposed within the outer housing (8,22), the electric motor (17) configured to axially move the inner arm (23) so as to selectively vary the effective length; and a buffer (45) arranged between the outer housing and the inner arm.
Franksson does not teach a seal arranged between the outer housing and the inner arm, the seal configured to prevent passage of fluid and particle contamination between the outer housing and the inner arm, the seal comprising: a first seal configured to slidably and sealingly engage the inner arm, the first seal fixed to the outer housing; and a second seal configured to slidably and sealingly engage the inner arm, and an entirety of the second seal configured to float radially relative to the outer housing.
However, Seibel teaches an actuator (Fig. 7) having a seal (614) arranged between the outer housing (624) and the inner arm (684), the seal configured to prevent passage of fluid and particle contamination between the outer housing (624) and the inner arm (684), the seal comprising: a first seal (642) configured to slidably and sealingly engage the inner arm (684), the first seal (642) fixed to the outer housing (624); and a second seal (640) configured to slidably and sealingly engage the inner arm (684), and an entirety of the second seal (640) configured to float radially relative to the outer housing (624).
Therefore in view of Seibel, it would have been obvious to one of ordinary skill in the art before the effective filing date to have arrived at the claimed invention, in order to prevent complete axial separation of the actuator arm (Seibel; Col 1).
Allowable Subject Matter
Claims 1-11 and 20 are allowed.
Claims 13-19 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.
The following is an examiner’s statement of reasons for allowance:
The cited prior art taken singularly or in combination fails to anticipate or fairly suggest the limitation of the independent claim(s), in such a manner that a rejection under 35 U.S.C. 102 or 103 would be proper. The prior art fails to teach a combination of all the features as presented in the independent claim(s) with the allowable feature being:
Claim 1: “ a felt ring arranged axially between the first lip seal and the second lip seal.”.
Claim 20: “and a spring element separate from the first lip seal and the second lip seal, the spring element configured to springably support a second side of the second lip seal.”
Claim 13: “and a spring element separate from the first lip seal and the second lip seal, the spring element configured to springably support a second side of the second lip seal.”
Seibel et al. (US 8506271; IDS) has been cited as prior art most closely related to the claimed invention.
Seibel teaches an actuator, comprising : an outer housing; an inner arm disposed within the outer housing so as to be reciprocatingly movable relative to the outer housing; a seal arranged radially between the outer housing and the inner arm so as to prevent passage of fluid and particle contamination between the outer housing and the inner arm, the seal comprising: a first lip seal configured to sealingly engage the inner arm; and a second lip seal configured to sealingly engage the inner arm.
The examiner found no prior art satisfies all above conditions by itself or as combined during the prosecution period.
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gheradi et al. (US 2019/0352978) teaches an actuator assembly with integrated torque turn monitoring.
Lawlor et al. (US 2020/0056689) teaches a linear drive actuator that includes a linear drive mechanism that includes a hollow, threaded roller screw shaft with a thrust bearing formed on one end and a roller screw nut mounted on the opposite end moves axially over the shaft when the shaft is rotated.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RASHAD H JOHNSON whose telephone number is (571)272-1231. The examiner can normally be reached 9:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koehler can be reached at 571-272-3560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RASHAD H. JOHNSON
Examiner
Art Unit 2834
/RASHAD H JOHNSON/Examiner, Art Unit 2834