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 claims 1 and 3 - 11 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 3 – 4, 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hoover (DE 1962928) in view of Ohmori et al. (U.S. PG Pub # 20100247014).
Regarding Claim 1, Hoover discloses a sealing device (41, 42, 43, figs 1 and 2) for protecting a rolling bearing of a household appliance (41, 42, 43 configured to protect a rolling bearing of a household appliance), the sealing device exerting a static hydraulic sealing action between two mechanical elements arranged facing each other (41, 42, 43 seal between 26 and 23, fig 1) and spaced apart by a variable axial distance (axial distance between 26 and 23), the sealing device comprising: a substantially rigid annular support element including a radially outer sleeve portion ( as seen in examiner annotated fig 2 below); and an annular elastomeric element (elastic element 43) integrally formed with the annular support element (43 integral with the support element as seen in examiner annotated fig 2 below), having an axis of symmetry ( axis of 43) and including an elastically deformable, first annular sealing lip extending cantilevered from the outer sleeve portion of the support element (as seen in examiner annotated fig 2 below ), the first annular sealing lip having a first branch (as seen in examiner annotated fig 2 below ) projecting radially from the sleeve portion of the support element in a direction away from the axis of symmetry (as seen in examiner annotated fig 2 below ) and a second branch (as seen in examiner annotated fig 2 below ) extending from a free end of the first branch (as seen in examiner annotated fig 2 below ) in a direction both axially away from the support element (as seen in examiner annotated fig 2 below ) and radially toward the axis of symmetry (as seen in examiner annotated fig 2 below ), the first and second branches being arranged at an angle relative to each other so as to form in radial cross-section a V-shape oriented radially converging in a direction away from the axis of symmetry of the elastomeric annular element and constituting adjacent annular portions of the first sealing lip (V-shape of the first sealing lip as seen in examiner annotated fig 2 below ).
Hoover does not disclose wherein the first annular sealing lip includes an annular spur cantilevered from the first branch of the sealing lip so as to project axially from the free end of the first branch in a direction away from the second branch, the annular spur being located on a side of the first branch opposite to the second branch and at a vertex of the V-shape formed by the first and second branches, the annular spur being configured to form a fulcrum arranged between the first and second branches and designed to cooperate with the first element of the two facing mechanical elements during use of the sealing device so as to push a free end of the second branch, opposite to the first branch, so that the free end of the second branch engages with the second element of the two facing mechanical elements to push the second branch toward the axis of symmetry.
However, Ohmori teaches wherein the first annular sealing lip includes an annular spur (12a, fig 4 ) cantilevered from the first branch (12b) of the sealing lip (12) so as to project axially from the free end of the first branch in a direction away from the second branch (12a projects axially from the free end of 12b ), the annular spur being located on a side of the first branch opposite to the second branch (12a on the side of 12b opposite to 12d) and at a vertex of the V-shape formed by the first and second branches (12a at vertex of V-shape formed by 12b and 12d ), the annular spur being configured to form a fulcrum arranged between the first and second branches and designed to cooperate with the first element of the two facing mechanical elements during use of the sealing device so as to push a free end of the second branch, opposite to the first branch, so that the free end of the second branch engages with the second element of the two facing mechanical elements to push the second branch toward the axis of symmetry (spur 12a is configured to form a fulcrum arranged between the first and second branches and designed to cooperate with the first element of the two facing mechanical elements during use of the sealing device so as to push a free end of the second branch, opposite to the first branch, so that the free end of the second branch engages with the second element of the two facing mechanical elements to push the second branch toward the axis of symmetry).
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Regarding Claim 3, the combination of Hoover and Ohmori discloses the sealing device according to claim 2, wherein a radial thickness of the annular spur is less than a radial thickness of each one of the first and second branches of the first annular sealing lip (radial thickness of the annular spur is less than a radial thickness of each one of the first and second branches of the first annular sealing lip as seen in examiner annotated fig 2 above ).
Regarding Claim 4, the combination of Hoover and Ohmori discloses the sealing device, wherein the second branch of the first annular sealing lip bounded radially by an inner conical surface (as seen in examiner annotated fig 2 above ) and an outer conical surface (as seen in examiner annotated fig 2 above), the inner and outer conical surfaces being substantially parallel (substantially parallel surfaces as seen in examiner annotated fig 2 above), and has a taper (as seen in examiner annotated fig 2 above) directed on the opposite side to the annular support element (as seen in examiner annotated fig 2 above).
Regarding Claim 6, the combination of Hoover and Ohmori discloses the sealing device, wherein the first branch of the first annular sealing lip has a radial length, and a radial length of the second branch of the first annular sealing lip.
The combination of Hoover and Ohmori does not disclose wherein the first branch of the first annular sealing lip has a radial length less than a radial length of the second branch of the first annular sealing lip.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to contrive any number of desirable ranges for the radial lengths of the first branch and the second branch of the first annular sealing lip limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, to increase flexibility of the V-shape formed by the first and second branches of the first annular sealing lip. In re Aller, 105 USPQ 233.
Regarding Claim 7, the combination of Hoover and Ohmori discloses the sealing device, wherein a hinge point (as seen in examiner annotated fig 2 above) is formed at a root end of the first branch of the first annular sealing lip adjacent to the support element (as seen in examiner annotated fig 2 above) and configured to enable rotation of the first branch with respect to the support element ( hinge point configured to enable rotation of the first branch with respect to the support element as seen in examiner annotated fig 2 above) and another hinge point (as seen in examiner annotated fig 2 above) is formed at the free end of the first branch distal from the support element and configured to enable rotation of the second branch with respect to the first branch element ( hinge point configured to enable rotation of the second branch with respect to the first branch element as seen in examiner annotated fig 2 above) such that the V-shape formed by the first and second branches opens or closes depending on the axial distance between the two mechanical elements (V-shape formed by the first and second branches configured to open or close depending on the axial distance between the two mechanical elements as seen in examiner annotated fig 2 above).
Regarding Claim 10, the combination of Hoover and Ohmori discloses a household appliance ( Para 0003 – washing machine) comprising: a housing having a front face (front face of 23 as seen in examiner annotated fig 2 above), a rotating axle ( 17) supported by a rolling bearing (19) arranged within the housing (23), a stationary annular plate (31) for protecting the rolling bearing (31 configured to protect the rolling bearing), arranged facing the front face of the housing (as seen in examiner annotated fig 2 above) and being spaced from the front face by a variable axial distance (distance between 31 and front face of 23), and a sealing device (41, 42 and 43) inserted integrally inside the housing (as seen in examiner annotated fig 2 above) and configured to provide a static hydraulic seal between the annular plate and the front face of the housing (as seen in examiner annotated fig 2 above), the sealing device being provided with a plurality of lips on a radial inner side of the sealing device ( radial lips of 51 and 52) for ensuring both a radial dynamic hydraulic seal (radial seal formed by 51 and 52) and an axial dynamic hydraulic seal (axial seal formed by 43).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hoover in view of Miyagawa et al. (U.S. PG Pub # 20070201782).
Regarding Claim 11, Hoover discloses a sealing device (41, 42, 43, figs 1 and 2) for protecting a rolling bearing of a household appliance (41, 42 and 43 configured to protect a rolling bearing of a household appliance), the sealing device exerting a static hydraulic sealing action between two mechanical elements arranged facing each other (41, 42, 43 seal between 26 and 23, fig 1) and spaced apart by a variable axial distance (axial distance between 26 and 23), the sealing device comprising:
a substantially rigid annular support element including a radially outer sleeve portion ( as seen in examiner annotated fig 2 above); and
an annular elastomeric element ( elastic element 43) integrally formed with the annular support element (43 integral with the support element as seen in examiner annotated fig 2 above), having an axis of symmetry (axis of 43) and including an elastically deformable, first annular sealing lip extending cantilevered from the outer sleeve portion of the support element, the first annular sealing lip having a first branch projecting radially from the sleeve portion of the support element in a direction away from the axis of symmetry ( as seen in examiner annotated fig 2 above ) and a second branch extending from a free end of the first branch in a direction both axially away from the support element and radially toward the axis of symmetry (as seen in examiner annotated fig 2 above), the first and second branches being arranged at an angle relative to each other so as to form in radial cross-section a V-shape oriented radially converging in a direction away from the axis of symmetry of the elastomeric annular element and constituting adjacent annular portions of the first sealing lip (as seen in examiner annotated fig 2 above).
Hoover does not disclose wherein the annular elastomeric element includes an annular projection extending axially cantilevered from a side of the elastomeric element opposite to the support element and located radially within the second branch of the first annular sealing lip, the annular projection extending axially away from the support element as far as a point substantially flush with or slightly beyond a free end of the second branch.
However, Miyagawa teaches wherein the annular elastomeric element includes an annular projection (as seen in examiner annotated fig 5 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the annular projection of Miyagawa with the second branch of the first annular sealing lip of Hoover with a reasonable expectation of success so that the annular projection allows the free end of the second branch to be brought into contact with the stationary annular plate at an extremely narrow area and the other portions of the second branch can be separated sufficiently from the stationary annular plate (Miyagawa Para 0101).
The combination of Hoover and Miyagawa discloses an annular projection extending axially cantilevered from a side of the elastomeric element opposite to the support element and located radially within the second branch of the first annular sealing lip, the annular projection extending axially away from the support element as far as a point substantially flush with or slightly beyond a free end of the second branch (an annular projection of Miyagawa extending axially cantilevered from a side of the elastomeric element of Hoover opposite to the support element of Hoover and located radially within the second branch of the first annular sealing lip of Hoover, the annular projection of Miyagawa extending axially away from the support element of Hoover as far as a point substantially flush with or slightly beyond a free end of the second branch of Hoover).
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Claims 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hoover in view of Ohmori and in further view of Miyagawa et al. (U.S. PG Pub # 20070201782).
Regarding Claim 5, the combination of Hoover and Ohmori discloses the sealing device, wherein the second branch of the first annular sealing lip has a free end arranged on a side opposite to the first branch of the sealing lip (as seen in examiner annotated fig 2 above).
The combination of Hoover and Ohmori does not disclose the free end formed as an annular projection bounded by two opposite annular surfaces inclined with respect to the axis of symmetry and forming an acute angle, the annular projection extending axially cantilevered from an outer face of the second branch, the outer face of the second branch being located on a side of the second branch opposite to the first branch of the first annular sealing lip.
However, Miyagawa teaches the free end formed as an annular projection (as seen in examiner annotated fig 5 above) bounded by two opposite annular surfaces (as seen in examiner annotated fig 5 above) inclined with respect to the axis of symmetry and forming an acute angle (acute angle formed between the annular surfaces as seen in examiner annotated fig 5 above).
It would have been obvious to one of ordinary skill int eh art before the effective filing date of the invention to combine the annular projection of Miyagawa with the second branch of the first annular sealing lip of Hoover with a reasonable expectation of success so that the annular projection allows the free end of the second branch to be brought into contact with the stationary annular plate at an extremely narrow area and the other portions of the second branch can be separated sufficiently from the stationary annular plate (Miyagawa Para 0101).
The combination of Hoover, Ohmori and Miyagawa discloses the annular projection extending axially cantilevered from an outer face of the second branch (projection of Miyagawa extending axially cantilevered from an outer face of the second branch of Hoover), the outer face of the second branch being located on a side of the second branch opposite to the first branch of the first annular sealing lip (outer face of the second branch being located on a side of the second branch opposite to the first branch of the first annular sealing lip as seen in examiner annotated Hoover fig 2 above).
Regarding Claim 8, the combination of Hoover and Ohmori discloses the sealing device.
The combination of Hoover and Ohmori does not disclose wherein the annular elastomeric element includes an annular projection extending axially cantilevered from a side of the elastomeric element opposite to the support element and located radially within the second branch of the first annular sealing lip, the annular projection extending axially away from the support element as far as a point substantially flush with or slightly beyond a free end of the second branch.
However, Miyagawa teaches wherein the annular elastomeric element includes an annular projection (as seen in examiner annotated fig 5 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the annular projection of Miyagawa with the second branch of the first annular sealing lip of Hoover with a reasonable expectation of success so that the annular projection allows the free end of the second branch to be brought into contact with the stationary annular plate at an extremely narrow area and the other portions of the second branch can be separated sufficiently from the stationary annular plate (Miyagawa Para 0101).
The combination of Hoover, Ohmori and Miyagawa discloses an annular projection extending axially cantilevered from a side of the elastomeric element opposite to the support element and located radially within the second branch of the first annular sealing lip, the annular projection extending axially away from the support element as far as a point substantially flush with or slightly beyond a free end of the second branch (an annular projection of Miyagawa extending axially cantilevered from a side of the elastomeric element of Hoover opposite to the support element of Hoover and located radially within the second branch of the first annular sealing lip of Hoover, the annular projection of Miyagawa extending axially away from the support element of Hoover as far as a point substantially flush with or slightly beyond a free end of the second branch of Hoover).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hoover in view of Ohmori and in further view of Sakano et al. (U.S. PG Pub # 20190277403).
Regarding Claim 9, the combination of Hoover and Ohmori discloses the sealing device.
The combination of Hoover and Ohmori does not disclose wherein an outer face of the second branch of the first annular sealing lip is provided with a plurality of annular reliefs arranged sequentially in an axial direction, each annular relief being bounded by opposite annular surfaces inclined with respect to the axis of symmetry so as to form an obtuse angle, each relief having a height equal to or less than a height of an annular projection formed at a free end of the second branch on a side opposite to the first branch of the first annular sealing lip.
However, Sakano teaches wherein an outer face of the second branch of the first annular sealing lip is provided with a plurality of annular reliefs (240, fig 41) arranged sequentially in an axial direction (240 in axial direction), each annular relief being bounded by opposite annular surfaces inclined with respect to the axis of symmetry so as to form an obtuse angle (obtuse angle between the opposite surfaces of 240, fig 41), each relief having a height equal to or less than a height of an annular projection formed at a free end of the second branch on a side opposite to the first branch of the first annular sealing lip (height of 241 less than projection at the free end of 21a, figs 40 and 41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the annular reliefs of Sakano with the second branch of the first annular sealing lip of Hoover with a reasonable expectation of success so that the reliefs provide pumping to the sealed fluid of the seal assembly (Sakano Para 0316).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to L. SUSMITHA KONERU whose telephone number is (571) 270-5333. The examiner can normally be reached on Monday – Friday from 9 A.M. – 4 P.M.
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/L.S.K/Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675