DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein the second sealed portion is radially and axially disposed between the third auxiliary lip and the dustproof ring” (limitation added to claims 1 and 20, see last two lines of claims) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Please see 112 1st paragraph rejection below.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-4, 6, 8, 10-15, 17, 19 and 20 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 limitation the second seal portion is radially and axially disposed between the third auxiliary lip and the dustproof ring is not provided in the original disclosure. No embodiments in the original disclosure teach this. Nowhere in the original disclosure it is stated that the second seal portion is radially between the third auxiliary lip and dustproof ring. Nowhere where in the original disclosure it is stated that the second seal portion is axially between the third auxiliary lip and the dustproof ring (limitation added to claims 1 and 20, see last two lines of claims).
It is further noted that applicant has stated that an outer peripheral surface of the dustproof ring is substantially flush with that of the second sealed portion, but the present application is not limited thereto. The outer peripheral surface of the dustproof ring may be located radially inside that of the second sealed portion (see entire specification and more specifically see specification page 9, iii).
Claims are rejected as best understood.
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.
Claim 1-4, 6, 8, 10-15, 17, 19 and 20 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.
Unclear what applicant mean by the limitation “wherein the second sealed portion is radially and axially disposed between the third auxiliary lip and the dustproof ring (e.g. last two lines of claims 1 and 20)?
Again claims are rejected as best understood.
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) 1-4, 6, 8, 10-15, 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant Admitted Prior Art figure 1B (referred to as AAPA) in view of Bowen (US3510138) and further in view of Seno et al (US. 20160003302A1).
AAPA (e.g. figure 1B) discloses a seal structure for an in-wheel electric motor drive system, the seal structure comprising a dustproof ring (e.g. 50) and a seal assembly (e.g. assembly having 502 and lips attached to 502), wherein the seal structure is annular and forms a seal between a first sealed portion (e.g. 90) of an output shaft and a second sealed portion (e.g. 10) of a housing in the in-wheel electric motor drive system (e.g. again in wheel electric motor drive system is intended and given little or no patentable weight), wherein the first sealed portion and the second sealed portion are opposite in a radial direction of the output shaft (e.g. see figure 2), wherein the second sealed portion is located radially outside the first sealed portion (e.g. see figure 2), the dustproof ring fixed to the first sealed portion (e.g. see figure below) and extends radially outwards (e.g. 50 attached to 90), wherein the dustproof ring and a portion of the seal assembly form a labyrinth seal structure (labyrinth seal formed by 502p and a part of the dustproof ring 50 facing 502p), the seal assembly comprising a frame (e.g. 502), a main lip (e.g. lip that contacts 90), a radial elastic member (e.g. spring on the main lip, see figure 1B), 1st auxiliary lip (e.g. lip contacting 501), an outer lip (e.g. lip facing 501 and not contacting 501) with a bend (e.g. bend of the outer lip), the mail lip contacting the first sealed portion, the 1st auxiliary lip contacting the dustproof ring, the outer lip facing the dustproof ring, the seal assembly is mounted to the second sealed portion and is fully located between the first sealed portion and the second seal portion (e.g. figure 2 shows this, the seal assembly is fully between 90 and 10), wherein the mail lip, 1st auxiliary lip and the outer lip are attached to the frame, wherein the main lip extends toward and contacts the first sealed portion (e.g. the main lip that contacts 90), wherein the radial elastic member is nested in the main lip from a radial outer side of the main lip to apply an elastic force that keeps the main lip in contact with the first sealed portion (e.g. figure 1B shows the main lip with the radial elastic member contacting 90), wherein the 1st auxiliary lip and the outer lip are arranged apart in the radial direction (e.g. see figure 1B), wherein the first auxiliary lip (e.g. lip contacting 501) extend from the frame toward and keep in contact with the dustproof ring (e.g. figure 1B shows this), the outer lip is located radially outside relative to the first auxiliary lip (e.g. figure 1B shows this) and wherein the outer lip extends from the frame toward and has an axial gap with the dustproof ring (e.g. gap between the outer lip and 501). Regarding claims 2 and 13, wherein the dustproof ring comprises a first axial portion (e.g. 1st axial portion mounted to 90), a radial portion (e.g. 501) and a second axial portion (e.g. 2nd portion facing 502p) that form a single piece (e.g. 50 is a single piece), the first axial portion extends in the axial direction and is fixed to the first sealed portion, the radial portion extends in the radial direction and is connected to the first axial portion and the second axial portion (see figure 1B), and the second axial portion extends from the radial portion toward the second sealed portion in the axial direction, wherein the second sealed portion is radially and axially disposed between the third auxiliary lip and the second axial portion (e.g. 502 is radially and axially between 90 and 10). Regarding claims 6 and 17, wherein at least a portion of the main lip (e.g. the main lip contacting 90, figure 1B) extends obliquely in a direction away from the dustproof ring while extending toward the radial inner side. Regarding claim 8, wherein at least a portion of the first auxiliary lip extend obliquely toward the radial outer side while extending toward the dustproof ring (e.g. the first auxiliary lip contacting 501, figure 1B). Regarding claim 10, wherein the third auxiliary lip has a structure that is bent toward the radial outer side (e.g. the outer lip having a bent that faces 501 and out-of-contact with 501). Regarding claim 12, wherein the seal assembly having a frame (e.g. 502) having an axial portion that is mounted to the second seal portion (10), a radial portion (e.g. radial portion facing 501) and the main lip, 1st auxiliary lip and outer lip attached to the radial portion (e.g. see figure 1B). Regarding claim 20: AAPA teaches an in-wheel electric motor drive system (e.g. figure 1A) comprising an output shaft, a housing, the seal structure between the first portion of the output shaft and the second portion of the housing.
Bowen disclose a sealing structure having a first sealed portion (e.g. 18), a second sealed portion (e.g. 13), a dustproof ring (e.g. 25) having a first portion (e.g. 26) that is mounted to the first sealed portion, a second portion (e.g. 28) that extends radially outwardly and a structure bent (e.g. 27) that extends toward the second sealed portion, the third portion extends beyond an inner peripheral surface of the second sealed portion, wherein the dustproof ring is further formed with the structure bent (e.g. 27) toward the second sealed portion, wherein the dustproof ring and the second sealed portion overlap and spaced apart in an axial direction and the radial direction of the output shaft to form a labyrinth seal structure (e.g. labyrinth seal created by gap 35), wherein the second sealed portion is radially and axially disposed between the third auxiliary lip and the dustproof ring (e.g. the second sealed portion having 13 is radially and axially disposed between the third auxiliary lip and the dustproof ring). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the dustproof ring of AAPA to have a structure bent that is radially and axially outward of the second sealed portion as taught by Bowen, with reasonable expectation of success to provide the dustproof ring that is smaller and extend over a second sealed portion to form a labyrinth gap (e.g. gap 35 is labyrinth since the elements forming the gap 35 are relatively rotating, see entire document of Bowen). Furthermore it is noted that Bowen also teaches an embodiment in figure 2 where a dustproof ring 58 and a seal assembly having a projection 61 form a labyrinth gap 62 that is similar to one in AAPA figure 1B, which concludes that having labyrinth seal formed by dustproof ring and the second sealed portion or the dustproof ring and the seal assembly is considered to be art equivalent.
In conclusion the teaching of Bowen would change AAPA invention in figure 1B shows the 2nd sealed portion to become shorter in axial length and the structure bent be placed over the second sealed portion.
AAPA discloses the invention as claimed above but fails to disclose the seal assembly comprises a second auxiliary lip, the second auxiliary lip is attached to the frame, wherein the second auxiliary lip extend from the frame toward and keep in contact with the dustproof ring,
wherein the third auxiliary lip is located radially outside relative to the first auxiliary lip and the second auxiliary lip. Seno discloses a seal assembly with a main lip, a first auxiliary lip, a second auxiliary lip, the first and second auxiliary lips are spaced apart in the radial direction, a dustproof ring and the first and second auxiliary lips contacting the dustproof ring (e.g. figure 2, mail lip 14, 1st auxiliary lip 12, 2nd auxiliary lip 13 and dustproof ring 17). Seno also teaches embodiment in figure 3 where a seal assembly with a main lip, a first auxiliary lip and a dustproof ring (figure 3, main lip 14, first auxiliary lip 13 and dustproof ring 17). 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 AAPA with a second auxiliary lip as taught by Seno with reasonable expectation of success, to provide plural seals (e.g. each seal lip 12 and 13 forms seals on the dustproof ring, see figure 2 and description of figure 2 of Seno). It is further note that to have one auxiliary lip or plurality of auxiliary lips is considered to be art equivalent (see figures 2 and 3 description of Seno).
Regarding claims 3 and 14: The combination of AAPA and Bowen teach a notch is formed on the radial outer side of the second sealed portion, and the second axial portion extends from the radial portion to the notch (e.g. Bowen teaches to have a notch and the second axial portion extends from the radial portion to the notch, notch 14 receiving the second axial portion 27).
Regarding claims 4 and 15: The combination of AAPA and Bowen teach wherein an outer peripheral surface of the dustproof ring is substantially flush with that of the second sealed portion; or the outer peripheral surface of the dustproof ring is located radially inside that of the second sealed portion (e.g. Bowen teaches 11 having outer diameter larger than outer diameter of 27).
Regarding claims 8 and 19: The combination of AAPA and Seno teach wherein at least a portion of the second auxiliary lip extend obliquely toward the radial outer side while extending toward the dustproof ring (e.g. Seno teaches a second auxiliary lip 12 contacting a dustproof ring 17c).
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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