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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 13 February 2026, 01 April 2024, and 12 march 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 Nok (JP 5,376,237 B2).
Regarding claim 1, Nok discloses a ball joint seal structure (see Fig. 4) comprising: a ferrule ring (9) interposed between a knuckle (5), which is connected to a stud of a ball joint (see Fig. 1), and a small-diameter opening portion of a dust cover (opening at 15 in Fig. 4) that covers the stud (see Fig. 1),
wherein an outer circumferential edge of the ferrule ring (92 in Fig. 4) is inclined toward the dust cover at an angle that is an obtuse angle (A in annotated Figure 4 below) relative to an inner circumferential surface of the ferrule ring.
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Figure 1. Annotated Figure 4.
Regarding claim 2, Nok discloses a ball joint seal structure (see Fig. 4) comprising:
a ball joint (see Fig. 1) that connects a knuckle (5) to a stud (4) and rockably and rotatably accommodates a ball head (2), which is provided on an end of the stud, in a socket (see Fig. 1);
a dust cover (6) that includes a large-diameter opening portion (opening of 6 at 8 in Fig. 1) surrounding an accommodating area of the socket (3) that houses the ball head (see Fig. 1), and a small-diameter opening portion (opening of 6 at 15 in Fig. 4) surrounding the stud (see Fig. 4), and connects the large-diameter opening portion and the small-diameter opening portion by a membrane (see Fig. 1); and
a ferrule ring (9) interposed between the knuckle and the small-diameter opening portion of the dust cover (see Fig. 4),
wherein the ferrule ring includes:
an annular portion (91 in Fig. 4) in contact with one surface of the knuckle (see Fig. 4), the one surface being adjacent to the dust cover (see Fig. 4), and
an inclined portion (92 in Fig. 4) that is provided on an outer circumference of the annular portion, and inclines toward the dust cover at an angle (B in annotated Figure 4 below) that is an obtuse angle with respect to the annular portion.
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Figure 2. Annotated Figure 4.
Regarding claim 4, Nok discloses wherein the small-diameter opening portion (opening of 6 at 15 in Fig. 4) of the dust cover includes a dust lip (15 in Fig. 4) having a diameter that is smaller than an inclined outer circumferential edge (911) of the ferrule ring (see Fig. 4).
Regarding claim 5, Nok discloses wherein the small-diameter opening portion (opening of 6 at 15 in Fig. 4) of the dust cover includes a dust lip (15 in Fig. 4) in contact with the ferrule ring on an inner circumferential side (9 in Fig. 4) relative to an inclined outer circumferential edge (92 in Fig. 4) of the ferrule ring (see Fig. 4).
Regarding claim 7, Nok discloses wherein the ferrule ring (9 in Fig. 4) includes a cylindrical portion (9 in Fig. 4) that fits with the stud (4), and
the small-diameter opening portion (opening of 6 at 15 in Fig. 4) of the dust cover (6) includes a seal lip (15 in Fig. 4) in contact with an outer circumferential surface of the cylindrical portion (see Fig. 4).
Regarding claim 8, Nok discloses wherein the ferrule ring (9) is an integrally molded product (see Fig. 4).
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, Nok discloses wherein an end (C in annotated Figure 4 below) of the cylindrical portion (9 in Fig. 4) caulks the small-diameter opening portion (opening of 6 at 15 in Fig. 4) of the dust cover (6 in Fig. 4).
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Figure 3. Annotated Figure 4.
Regarding claim 10, Nok discloses a ferrule ring mounting method comprising:
preparing a ferrule ring (9 in Fig. 4) to be interposed between a knuckle (5 in Fig. 4), which is connected to a stud of a ball joint (4), and a small-diameter opening portion of a dust cover (opening at 15 on dust cover 6 in Fig. 4) that covers the stud (see Fig. 4);
bending an outer circumferential edge (92 in Fig. 4) of the ferrule ring at an angle (B in annotated Figure 4 above) that is an obtuse angle with respect to an inner circumferential surface (91 in Fig. 4) thereof;
bending an inner circumferential edge (9 in Fig. 4) of the ferrule ring at a right angle to form a cylindrical portion (9 in Fig. 4, see Fig. 4); and
bringing the ferrule ring into contact with a small-diameter opening portion of a dust cover of a ball joint (see Fig. 4), with a bent portion of an outer circumferential edge facing inward (see Fig. 4), and then caulking (see Fig. 4) the small-diameter opening portion by an end of the cylindrical portion (C in annotated Figure 4 above) provided on the inner circumferential edge of the ferrule ring.
Regarding claim 12, Nok discloses wherein the small-diameter opening portion (opening of 6 at 15 in Fig. 4) of the dust cover includes a dust lip (15 in Fig. 4) having a diameter that is smaller than an inclined outer circumferential edge (911) of the ferrule ring (see Fig. 4).
Regarding claim 13, Nok discloses wherein the small-diameter opening portion (opening of 6 at 15 in Fig. 4) of the dust cover includes a dust lip (15 in Fig. 4) in contact with the ferrule ring (9 in Fig. 4) on an inner circumferential side (9 in Fig. 4) relative to an inclined outer circumferential edge (92 in Fig. 4) of the ferrule ring (see Fig. 4).
Regarding claim 15, Nok discloses wherein the ferrule ring (9 in Fig. 4) includes a cylindrical portion (9 in Fig. 4) that fits with the stud (4), and
the small-diameter opening portion (opening of 6 at 15 in Fig. 4) of the dust cover (6) includes a seal lip (15 in Fig. 4) in contact with an outer circumferential surface of the cylindrical portion (see Fig. 4).
Regarding claim 16, Nok discloses wherein the ferrule ring (9) is an integrally molded product (see Fig. 4).
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, Nok discloses wherein an end (C in annotated Figure 4 above) of the cylindrical portion (9 in Fig. 4) caulks the small-diameter opening portion (opening of 6 at 15 in Fig. 4) of the dust cover (6 in Fig. 4).
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 Nok (JP 5,376,237 B2) in view of ‘849 (JP 3663849 B2).
Regarding claim 3, Nok discloses the knuckle (5), but fails to disclose as claimed wherein the knuckle includes:
a mounting hole through which the stud passes;
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 mounting hole through which the stud passes (see Fig. 5);
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 Nok, 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, Nok discloses the knuckle (5), but fails to disclose as claimed wherein the knuckle includes:
a mounting hole through which the stud passes;
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 mounting hole through which the stud passes (see Fig. 5);
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 Nok, 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 Nok (JP 5,376,237 B2).
Regarding claim 6, Nok discloses wherein the inclined outer circumferential edge (92 in Fig. 4) of the ferrule ring (9) is inclined (α in Fig. 4) at an angle between 0 and 90 degrees, 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 Nok, 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 of the seal structure (15 in Fig. 4), as having an angle less than 5 degrees or greater than 90 degrees would not be sufficient for containing the seal structure.
Regarding claim 14, Nok discloses wherein the inclined outer circumferential edge (92 in Fig. 4) of the ferrule ring (9) is inclined (α in Fig. 4) at an angle between 0 and 90 degrees, 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 Nok, 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 of the seal structure (15 in Fig. 4), as having an angle less than 5 degrees or greater than 90 degrees would not be sufficient for containing the seal structure.
Conclusion
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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/ZAH/Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678