DETAILED ACTION
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.
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 “an axial end of the second sealed portion is radially and axially disposed between the third auxiliary lip and the second axial portion” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claims 1, 3-4, 6, 8, 10-12, 14-15, 17 and 19-20 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. It is unclear how “an axial end of the second sealed portion is radially and axially disposed between the third auxiliary lip and the second axial portion”? It is noted that portions of the axial end of the second sealed portion are radially axially outside and/or inside of portions of the third auxiliary lip and the second axial portion. See annotated figure below.
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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, 3-4, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen et al (US. 3510138) in view of Harda (US. 20170335890) and further in view of Seno et al (US20160003302A1).
Bowen discloses a seal structure for an in-wheel electric motor drive system (e.g. again intended use but the seal structure of Bowen is capable of being used similar way as shown in Applicant Admitted Prior Art figures 1A-2B), the seal structure comprising a dustproof ring (e.g. 25) and a seal assembly, wherein the seal structure is annular and forms a seal between a first sealed portion (e.g. portion 10 having 26) of an output shaft (e.g. 10) and a second sealed portion (e.g. portion of housing 11 having 12, 15, 21, 16, 18 and etc) of a housing (e.g. 11) in the in-wheel electric motor drive system, wherein the first sealed portion and the second sealed portion are opposite in a radial direction of the output shaft (e.g. figure 1), wherein the second sealed portion is located radially outside the first sealed portion (e.g. see figure 1), wherein the dustproof ring is fixed to the first sealed portion and extends radially outwards (e.g. see figure 1), wherein the dustproof ring extends beyond an inner peripheral surface (e.g. surface contacted by a frame having 15) of the second sealed portion, wherein the dustproof ring is further formed with a structure bent (e.g. bend between 27 and 28) toward the second sealed portion, wherein the dustproof ring and the second sealed portion overlap and are spaced apart in an axial direction and the radial direction of the output shaft to form a labyrinth seal structure (e.g. gap or clearance 35 that forms a labyrinth seal structure), wherein the seal assembly is fixed to the second sealed portion (e.g. figure 1) and is fully located between the first sealed portion and the second sealed portion (e.g. figure 1), wherein the seal assembly comprises a frame (e.g. frame having 15 and 33), a main lip (e.g. 16), a radial elastic member (e.g. 21), a secondary lip (e.g. 18), wherein the main lip (e.g. 16) and the second lip (e.g. 18) are attached to the frame, wherein the main lip extends toward and contacts the first sealed portion (e.g. see figure 1), wherein the radial elastic member (e.g. 21) 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. see figure 1), wherein the dustproof ring comprises a first axial portion (e.g. 26), a radial portion (e.g. 28), and a second axial portion (e.g. 27) that form a single piece (e.g. see figure 1), the first axial portion extends in the axial direction (e.g. figure 1 shows this) and is fixed to the first sealed portion (e.g. shown in figure 1), the radial portion (e.g. 28) extends in the radial direction and is connected to the first axial portion (e.g. figure 1 shows this) and the second axial portion (e.g. 27), and the second axial portion extends from the radial portion toward the second sealed portion in the axial direction (e.g. figure 1 shows this), wherein an axial end (e.g. end of 27) of the second sealed portion is radially and axially disposed between the main lip, the secondary lip and the second axial portion (e.g. see figure 1). Regarding claim 3: Wherein a notch (e.g. notch having surface 14) is formed on the radial outer side of the second sealed portion (e.g. see figure 1), the second axial portion extends from the radial portion to the notch (e.g. figure 1 shows this) and wherein the notch is axially offset from the frame (e.g. figure 1 shows this). Regarding claim 4: Wherein an outer peripheral surface of the dustproof ring is substantially flush with that of the second sealed portion or the outer peripheral surface (e.g. outer surface of 27) of the dustproof ring is located radially inside that of the second sealed portion (e.g. again this is shown in figure 1). Regarding claim 6: Wherein at least a portion of the main lip extends obliquely in a direction away from the dustproof ring (e.g. the main lip 16 extends away from the dustproof ring 25) while extending toward the radial inner side. Regarding claim 8: Wherein at least a portion of the secondary lip extends toward the dustproof ring.
Bowen discloses the invention as claimed above but fails to disclose the main lip to contact the first sealed portion. Harada discloses a seal assembly having a main lip (e.g. 21c) that contact a first seal portion (e.g. outer surface of 55), a dustproof ring having a first portion (31) and the dustproof ring fixed to the first sealed portion (e.g. figure 2). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine configure the dustproof ring of Bowen to be different or shorter by the first axial portion of the dustproof ring so that the main lip contact the first sealed portion as taught by Harada with reasonable expectation of success to prevent grease from contacting the dustproof ring and also to escape a bearing system (e.g. see description of 21c in paragraph 0026 of Harada).
Bowen discloses the invention as claimed above but fails to disclose a first auxiliary lip, a second auxiliary lip, and a third auxiliary lip, wherein the main lip, the first auxiliary lip, the second auxiliary lip, and the third auxiliary lip are attached to the frame, wherein the first auxiliary lip and the second auxiliary lip are arranged apart in the radial direction, wherein the first auxiliary lip and 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 and wherein the third auxiliary lip extends from the frame toward and has an axial gap with the dustproof ring. Seno discloses a seal assembly having a main lip (e.g. 14), a first auxiliary lip (e.g. 13), a second auxiliary lip (e.g. 12), and a third auxiliary lip (e.g. 15), wherein the main lip, the first auxiliary lip, the second auxiliary lip, and the third auxiliary lip are attached to a frame (e.g. 9), wherein the first auxiliary lip and the second auxiliary lip are arranged apart in a radial direction (see figure 2), wherein the first auxiliary lip and the second auxiliary lip extend from the frame toward and keep in contact with a dustproof ring (e.g. 17), wherein the third auxiliary lip (e.g. 15) is located radially outside relative to the first auxiliary lip and the second auxiliary lip and wherein the third auxiliary lip (e.g. 15) extends from the frame toward and has an axial gap (e.g. 18d) with the dustproof ring. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to having the seal assembly of Bowen having a first auxiliary lip contacting the dustproof ring, a second auxiliary lip contacting the dustproof ring and a third auxiliary lip spaced away from the dustproof ring as taught by Seno with reasonable expectation of success to provide superior sealing between relative rotating members by prevent intrusion of muddy water more effectively (e.g. see paragraph 0021 of Seno).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bowen, Harada, Seno and further in view of Haepp (US. 20130127119). It is noted that for rejection of claim 10, Bowen teaches what is stated above, Harada teaches in short, the main lip to contact the first sealed portion and Seno teaches two auxiliary lips that contact the dustproof ring.
Bowen discloses the invention as claimed above in paragraph 0006 but fails to disclose the main lip to contact the first sealed portion. Bowen discloses the invention as claimed above but fails to disclose the main lip to contact the first sealed portion. Harada discloses a seal assembly having a main lip (e.g. 21c) that contact a first seal portion (e.g. outer surface of 55), a dustproof ring having a first portion (31) and the dustproof ring fixed to the first sealed portion (e.g. figure 2). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine configure the dustproof ring of Bowen to be different or shorter by the first axial portion of the dustproof ring so that the main lip contact the first sealed portion as taught by Harada with reasonable expectation of success to prevent grease from contacting the dustproof ring and also to escape a bearing system (e.g. see description of 21c in paragraph 0026 of Harada).
Bowen discloses the invention as claimed above but fails to disclose a first and second auxiliary lips that contact a dustproof ring. Seno discloses a seal assembly having a main lip (e.g. 14), a first auxiliary lip (e.g. 13) and a second auxiliary lip (e.g. 12) which are attached to a frame (e.g. 9), wherein the first auxiliary lip and the second auxiliary lip are arranged apart in a radial direction (see figure 2) and wherein the first auxiliary lip and the second auxiliary lip extend obliquely from the frame toward and keep in contact with a dustproof ring (e.g. 17). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to having the seal assembly of Bowen having a first auxiliary lip and a second auxiliary lip contact the dustproof ring as taught by Seno with reasonable expectation of success to provide superior sealing between relative rotating members by prevent intrusion of muddy water more effectively (e.g. see paragraph 0021 of Seno).
Bowen discloses the invention as claimed above but fails to disclose that a third auxiliary lip having a structure that is bend toward the radial outer side and forming a gap between the dustproof ring. Haepp discloses a seal assembly (e.g. figure 2) having a main lip (e.g. 15) and an auxiliary lip (e.g. lip forming 27) having a structure (e.g. 28) that is bend toward a radial outer side (e.g. figure 2) and spaced from a dustproof ring (e.g. ring having 43). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the seal assembly of Bowen to have a third auxiliary lip with a bent structure as taught by Haepp with reasonable expectation of success to provide a collection channel structure with a labyrinth seal (e.g. paragraph 0041 of Haepp in regards to 27).
Claim(s) 11-12, 14-15, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen, Harada, Seno and further in view of Applicant Admitted Prior Art figure 1B (referred to as AAPA).
Bowen discloses the invention as claimed above but fails to disclose the seal structure be in an in-wheel electric motor system having the output shaft and the housing. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to use the seal structure of claim 1 taught by rejection in paragraph 0006 above to be used in an electric motor drive system as taught by AAPA with reasonable expectation of success to seal an electric vehicle (e.g. inherent since improved seal structure in paragraph 0006 is used in an electric vehicle with an in-wheel electric motor drive system in figure 1B of AAPA).
Claim(s) 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen, Harada, Seno, Haepp and further in view of Applicant Admitted Prior Art figure 1B (referred to as AAPA).
Bowen discloses the invention as claimed above but fails to disclose the seal structure be in an in-wheel electric motor system having the output shaft and the housing. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to use the seal structure of claim 10 taught by rejection in paragraph 0007 above to be used in an electric motor drive system as taught by AAPA with reasonable expectation of success to seal an electric vehicle (e.g. inherent since improved seal structure in paragraph 0006 is used in an electric vehicle with an in-wheel electric motor drive system in figure 1B of AAPA).
Conclusion
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
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