DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 28 July 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10 line 17 recites: “…at angle…”. This should be corrected to - - at an angle - -.
Appropriate correction is required.
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) 1-2, 4-5, 7-10, 12-13, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over General Motors (FR 1408529 A).
Regarding claim 1, General Motors discloses a ball joint seal structure (see Fig. 1) comprising: a ferrule ring (66 in Fig. 2) interposed between a knuckle (42), which is connected to a stud (18) of a ball joint, and a small-diameter opening portion of a dust cover (opening of 46 and 60 shown in Fig. 2) that covers the stud (see Fig. 1),
wherein the ferrule ring includes an annular portion (66) having an aperture (see Fig. 1) configured for receipt of the stud (see Fig. 1), the annular portion configured to abut a surface (48) of the knuckle, and
wherein an outer circumferential edge (A in annotated Figure 2 below) of the annular portion is inclined away from the knuckle and toward the dust cover at an angle that is an obtuse angle relative to a surface of the annular portion that is opposite to a surface of the annular portion that is configured to abut the surface of the knuckle (see Fig. 1).
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Figure 1. Annotated Figure 2.
Regarding claim 2, General Motors discloses a ball joint seal structure (see Fig. 1) comprising:
a ball joint (see Fig. 1) that connects a knuckle (42) to a stud (18) and rockably and rotatably accommodates a ball head (14), which is provided on an end of the stud (see Fig. 1), in a socket (8);
a dust cover (46 and 60) that includes a large-diameter opening portion (opening of 46 at member 8) surrounding an accommodating area (52 in Fig. 1) of the socket that houses the ball head (see Fig. 1), and a small-diameter opening portion (opening of 46 and 60 in Fig. 2) surrounding the stud (see Fig. 1), and connects the large-diameter opening portion and the small-diameter opening portion by a membrane (see Fig. 1); and
a ferrule ring (66) interposed between the knuckle and the small-diameter opening portion of the dust cover (see Fig. 1),
wherein the ferrule ring includes:
an aperture configured for receipt of the stud (see Fig. 1),
an annular portion (B in annotated Figure 2 below) extending radially outward from the aperture and configured to be in contact with one surface (48) of the knuckle, the one surface being adjacent to the dust cover (see Fig. 1), and
an inclined portion (A in annotated Figure 2 above) that is provided on an outer circumference of the annular portion (see Fig. 2), and inclines away from the one surface of the knuckle and toward the dust cover at an angle that is an obtuse angle with respect to a surface of the annular portion that is opposite to a surface of the annular portion that is configured to be in contact with the one surface of the knuckle (see Fig. 1).
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Figure 2. Annotated Figure 2.
Regarding claim 4, General Motors discloses wherein the small-diameter opening portion (opening of 46 and 60 in Fig. 2) of the dust cover (46 and 60) includes a dust lip (76) having a diameter that is smaller than an inclined outer circumferential edge (A in annotated Figure 2 above) of the ferrule ring (see Fig. 1).
Regarding claim 5, General Motors discloses wherein the small-diameter opening portion (opening of 46 and 60 in Fig. 2) of the dust cover (46 and 60) includes a dust lip (76) in contact with the ferrule ring (66) on an inner circumferential side (see Fig. 2) relative to an inclined outer circumferential edge (A in annotated Figure 2 above) of the ferrule ring.
Regarding claim 7, General Motors discloses wherein the ferrule ring (66) includes a cylindrical portion (C in annotated Figure 2 below) that fits with the stud (18), and
the small-diameter opening portion (opening of 46 and 60 in Fig. 2) of the dust cover (46 and 60) includes a seal lip (76) in contact with an outer circumferential surface of the cylindrical portion (see Fig. 2).
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Figure 3. Annotated Figure 2.
Regarding claim 8, General Motors discloses wherein the ferrule ring (66) is an integrally molded product (see Fig. 2).
Applicant is reminded that "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Accordingly, the process limitation of “integrally molded product” is given limited patentable weight, all that is required of claim 8 is that the ferrule ring is capable of being an integrally molded product.
Regarding claim 9, General Motors discloses wherein an end (62) of the cylindrical portion (C in annotated Figure 2 above) caulks the small-diameter opening portion (opening of 46 and 60 in Fig. 2) of the dust cover (46 and 60).
Regarding claim 10, General Motors discloses a ferrule ring mounting method (see Fig. 1) comprising:
preparing a ferrule ring (66) to be interposed between a knuckle (42), which is connected to a stud (18) of a ball joint (see Fig. 1), and a small-diameter opening portion (opening of 46 and 60 in Fig. 2) of a dust cover (46 and 60) that covers the stud;
bending an outer circumferential edge (A in annotated Figure 2 above) of the ferrule ring at an angle with respect to an inner circumferential surface (74) thereof;
bending an inner circumferential edge (C in annotated Figure 2 above) of the ferrule ring at a right angle to form a cylindrical portion (see Fig. 2); and
bringing the ferrule ring into contact with a small-diameter opening portion of a dust cover of a ball joint (see Fig. 2), with a bent portion of an outer circumferential edge facing inward (see Fig. 2), and then caulking the small-diameter opening portion (see Fig. 1) by an end (62) of the cylindrical portion provided on the inner circumferential edge of the ferrule ring (see Fig. 2),
wherein the ferrule ring includes an annular portion (A-C in annotated Figure 2 above) having an aperture configured for receipt of the stud (see Fig. 2), the annular portion configured to abut a surface (48) of the knuckle (see Fig. 2), and
wherein the bending of the outer circumferential edge results in the annular portion being inclined away from the knuckle and toward the dust cover (see Fig. 1) at angle which is an obtuse angle (see Fig. 1) relative to a surface of the annular portion that is opposite to a surface of the annular portion that is configured to abut the surface of the knuckle (see Fig. 1).
Regarding claim 12, General Motors discloses wherein the small-diameter opening portion (opening of 46 and 60 in Fig. 2) of the dust cover (46 and 60) includes a dust lip (76) having a diameter that is smaller than an inclined outer circumferential edge (A in annotated Figure 2 above) of the ferrule ring (66).
Regarding claim 13, General Motors discloses wherein the small-diameter opening portion (opening of 46 and 60 in Fig. 2) of the dust cover (46 and 60) includes a dust lip (76) in contact with the ferrule ring (66) on an inner circumferential side (74) relative to an inclined outer circumferential edge (A in annotated Figure 2 above) of the ferrule ring.
Regarding claim 15, General Motors discloses wherein the ferrule ring (66) includes a cylindrical portion (C in annotated Figure 2 above) that fits with the stud (18), and
the small-diameter opening portion (opening of 46 and 60 in Fig. 2) of the dust cover (46 and 60) includes a seal lip (D in annotated Figure 2 below) in contact with an outer circumferential surface of the cylindrical portion (see Fig. 2).
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Figure 4. Annotated Figure 2.
Regarding claim 16, General Motors discloses wherein the ferrule ring (66) is an integrally molded product (see Fig. 2).
Applicant is reminded that "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Accordingly, the process limitation of “integrally molded product” is given limited patentable weight, all that is required of claim 16 is that the ferrule ring is capable of being an integrally molded product.
Regarding claim 17, General Motors discloses wherein an end (62) of the cylindrical portion (C in annotated Figure 2 above) caulks the small-diameter opening portion (opening of 46 and 60 in Fig. 2) of the dust cover (46 and 60).
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) 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over General Motors (FR 1408529 A) in view of ‘849 (JP 3663849 B2).
Regarding claim 3, General Motors discloses wherein the knuckle (42) includes:
a mounting hole (40, see Fig. 1) through which the stud (18) passes.
General Motors fails to disclose as claimed a cutout that communicates the mounting hole with an external space over an entire length in an axial direction; and
a fastener that narrows a gap in the cutout thereby to fix the stud passing through the mounting hole.
However, ‘849 teaches a ball joint seal structure that can include a solid knuckle (101 in Fig. 4) or a clamping knuckle (101 in Fig. 5) wherein the clamping knuckle (101 in Fig. 5) includes:
a cutout (101a in Fig. 5) that communicates the mounting hole with an external space over an entire length in an axial direction (see Fig. 5); and
a fastener (see Fig. 5) that narrows a gap in the cutout thereby to fix the stud passing through the mounting hole (see Fig. 5), in order to provide a knuckle that can accommodate a non-threaded stud such that the ball joint seal structure can be attached and operable when a non-threaded stud is provided on a ball joint.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the ball joint seal structure of General Motors, with ‘849, such that it comprises the clamping knuckle having a cut out and fastener of ‘849, in order to provide a knuckle that can accommodate a non-threaded stud such that the ball joint seal structure can be attached and operable when a non-threaded stud is provided on a ball joint.
Regarding claim 11, General Motors discloses wherein the knuckle (42) includes:
a mounting hole (40, see Fig. 1) through which the stud (18) passes.
General Motors fails to disclose as claimed a cutout that communicates the mounting hole with an external space over an entire length in an axial direction; and
a fastener that narrows a gap in the cutout thereby to fix the stud passing through the mounting hole.
However, ‘849 teaches a ball joint seal structure that can include a solid knuckle (101 in Fig. 4) or a clamping knuckle (101 in Fig. 5) wherein the clamping knuckle (101 in Fig. 5) includes:
a cutout (101a in Fig. 5) that communicates the mounting hole with an external space over an entire length in an axial direction (see Fig. 5); and
a fastener (see Fig. 5) that narrows a gap in the cutout thereby to fix the stud passing through the mounting hole (see Fig. 5), in order to provide a knuckle that can accommodate a non-threaded stud such that the ball joint seal structure can be attached and operable when a non-threaded stud is provided on a ball joint.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the ball joint seal structure of General Motors, with ‘849, such that it comprises the clamping knuckle having a cut out and fastener of ‘849, in order to provide a knuckle that can accommodate a non-threaded stud such that the ball joint seal structure can be attached and operable when a non-threaded stud is provided on a ball joint.
Claim(s) 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over General Motors (FR 1408529 A).
Regarding claim 6, General Motors discloses wherein the inclined outer circumferential edge (A in annotated Figure 2 above) of the ferrule ring (66) is inclined at an angle between 0 and 90 degrees (see Fig. 2), but fails to disclose as claimed that it is inclined at an angle of 5 degrees or more and below 90 degrees.
Applicant is reminded that it has been held that where the general conditions of a claim (i.e. inclined angle) are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the ball joint seal structure of General Motors, such that it comprises an inclined angle between 5 and 90 degrees, in order to allow the inclined outer circumferential edge to sufficiently contain the small diameter opening of the seal structure, as having an angle less than 5 degrees or greater than 90 degrees could negatively impact the fitment of the seal structure.
Regarding claim 14, General Motors discloses wherein the inclined outer circumferential edge (A in annotated Figure 2 above) of the ferrule ring (66) is inclined at an angle between 0 and 90 degrees (see Fig. 2), but fails to disclose as claimed that it is inclined at an angle of 5 degrees or more and below 90 degrees.
Applicant is reminded that it has been held that where the general conditions of a claim (i.e. inclined angle) are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the ball joint seal structure of General Motors, such that it comprises an inclined angle between 5 and 90 degrees, in order to allow the inclined outer circumferential edge to sufficiently contain the small diameter opening of the seal structure, as having an angle less than 5 degrees or greater than 90 degrees could negatively impact the fitment of the seal structure.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 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.
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 ZACHARY A HALL whose telephone number is (571)272-5907. The examiner can normally be reached Monday through Thursday 8:00am to 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZAH/Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678