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 .
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.
Claims 5, 22 and 28 are 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.
Regarding claim 5, in addressing the previous rejection Applicant removed the quantifying terms that were used to define the “progressively varying curvature”. However, the issue with claim 5 was that the shape that the claim required was unclear. “Progressively varying curvature” was previously defined by the terms removed from the claim, while the terms defining the curvature were also unclear, the more generic term would also be unclear and indefinite. In other words, the whole claim was indefinite since what shapes the claim was limited to was unknown. The reference to the specific descriptions of the shapes previously set forth in the claim was to explain how the recitations being used to quantify “progressively varying curvature” where unclear, removing these from the claim results in there being no definition or quantifying meaning for “progressively varying curvature”. Because of this the shape defined by the claim is still unclear, unknown and indefinite.
Claims 22 and 28 recite the same recitation as claim 5 and are indefinite for the same reason.
Claims 22 and 28 recites the limitation "the rounded edges" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Claims 22 and 28 should depend from claim 21 and claim 27 respectively.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The amendment to claim 1 captured the allowable subject matter defining specific aspects of invention being made out of a specific material combination, dependent claim 2 is defining the materials based on a function which covers material other than the specific combination set forth in claim 1. Because of this claim 2, at the very least, does not provide a further limiting feature as this would be the property of the materials listed in claim 1 or could be broadening the range of materials set forth in claim 1 and is thus be an improper dependent claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1, 3, 4, 6, 9, 11, 13, 14, 15, 20-21, 23-27 and 39-31 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, amended to include the previously indicated allowable subject matter of claim 8, the prior art of record does not disclose the structural features of claim 1 with the blocks and races both being made of ceramic with the rolling element being made of steel. The prior art of record does not each nor render obvious this specific combination of materials recited by the claim.
Regarding claim 20, previous claim 13, the prior art of record does not disclose the combination of features of the claim with the rolling elements specifically being spherical and the blocks being diamond in a cross-section, as defined by the claim, along a radial plane.
Regarding claim 26, previous claim 14, the prior art of record does not disclose the combination of features of the claim with the rolling elements specifically being tapered roller elements and the support faces (surfaces that contact raceways) have a frustoconical shape.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed January 26, 2026 have been fully considered but they are not persuasive.
With regards to the remain issue with claim 5, Applicant makes no specific argument regarding the prior rejection. As explained above the amendment does not fully resolve the issue as previously raised which was direct to the shape, as defined in the claim as a whole, being unclear.
All other issues raised above have been necessitated by Applicant’s amendment.
Conclusion
THIS ACTION IS MADE FINAL. 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 JAMES PILKINGTON whose telephone number is (571)272-5052. The examiner can normally be reached Monday through Friday 7-3.
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/JAMES PILKINGTON/Primary Examiner, Art Unit 3617