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 .
Information Disclosure Statement
The IDS files 6/18/24 includes a typographical error in the reference number for the first foreign document citation, this reference has been crossed off the IDS but cited in the attached PTO-892, no additional action is need by applicant.
Drawings
The drawings are objected to because figures 1 and 12 are showing at least part of the device in cross section, cross sectional views require hatching, see 37 CFR 1.84(h)(3) and figure 5b, the indication of the angle is grey and faded and not legible, the angle and the lines indicating the angle must be black and sufficiently dense and dark, see 37 CFR 1.84(l).
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 embodiments of the “springy” conductive material being a spring, a flexible tap and pogo pins (claim 7) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawing illustrating the invention is figure 14, the conductive element only being schematically illustrated and thus the specific elements listed and how the different types of elements listed are positioned and used to bridge the space through the housing is not shown.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Figures 2, 14 and 15 appear as colored photographs, however if these are not then the imagines at the very least include solid shading, solid shading/solid black areas are not permitted, see 37 CFR 1.84(m).
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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
In this case “the present invention relates to” is an implied phrase that should be avoided.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The specification states that figure 1 shows “a bearing housing 1” (page 4, line 5) however reference character 1 is not used in figure 1 or any other figure it is said to be in (figures 2-5) until figure 6a. If the specification states a reference character is in a figure the drawing should be amended to include that reference character or the specification amended accordingly.
Beginning on page 3 is the “description of the figures” which includes a detailed explanation of each figure, however this should be a summary of the respective figures and the detailed description, including the reference characters should be in the “detailed description portion of the invention”. See the specification content below:
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
Claim Objections
Claims 3, 6, 9 and 11 are objected to because of the following informalities:
Regarding claim 3, the parenthesis around the “when” recitations should be removed. The claims repeatedly use “when” recitation to define how the device is intended to function or be used and avoid positively claiming more than just the housing element, however this is the only claim that places the “when” clause is parenthesis. To be consistent with the rest of the claims the parenthesis need to be removed.
Regarding claim 6, line 2, “wherein at” should be - -wherein the at- -.
Regarding claim 9, line 2, “wherein at” should be - -wherein the at- -.
Regarding claim 11, line 2, “body” should be deleted as the shield is a subcomponent of the housing as a whole that works with the body (later recited in the claim).
Appropriate correction is required.
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 1-13 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.
Claim 1 recites the limitation "the inside" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 4, the metes and bounds of “the bearing when inserted…” and “or the shaft when inserted” are unclear. These recitation are separated from the first using a semicolon, this segments the claim into three distinct clauses with the latter two not having any clear limitation or meaning recited therein. In other words, the claim reads as if it includes three distinct clauses only one of which is complete. The intent by Applicant is for the bearing and the shaft to be alternate options to the bearing housing but the current construction does not read as if this is the case, the semicolons should be changed to commas. However, the claims as a whole rely heavy on the use of “when” so as to not positively claim the bearing, yet Applicant attempts to make multiple comparisons of the device (housing) to structures which are not positively required and thus none of these recitations act to provide any further meaningful limitation to the claims. If Applicant wants these to be positive recitations the preamble should recite “A bearing assembly” and all occurrences of “when” be removed.
Regarding claim 5, the metes and bounds of “provided in a non-conductive material” are unclear. Is Applicant attempting to state that the housing body is made of a non-conductive material or is it meant to be encapsulated by some other material? What structure is required for a part to be considered “provided in” a material? It is believed based on the disclosure that the intent is for the claim to define the material that the body is made from (‘is a non-conductive material’) and the claim is being treated as such.
Claims 7, 8 and 13 use the phrase “may be” and it is unclear if what follows is intended to be a positive limitation of the claim or optional. If optional how are the recitations of either claim further limiting? The claims need to be drafted in a manner that avoids the use of phrases that would appear to suggest a feature that is required to provide a further limiting feature from being optional.
The term “springy” in claim 7 is a relative term which renders the claim indefinite. The term “springy” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What materials are considered springy? Or is this meant to not limit the claim to a subset of materials but rather a structure? If so what structure is this recitation limited to as the examples that follow are not positively recited, see additional rejection below.
Regarding claim 7, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d), in this case “preferably” is functioning the same as “for example”.
Regarding claim 7, the phrases "or the like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claim 8 recites the limitation "the electrically conductive material" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 8 should depend from claim 6, not claim 1.
Regarding claim 8, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d), in this case “preferably” is functioning the same as “for example”. However, in this case it is also unclear, if what follows “preferably” was positively recited, how the recitation would be further limiting as both before and after the phrase “preferably” the recitations are stating that the material would be a conductive metal.
Claim 12 recites the limitation "the one or more bearing housing feet" in line 4. There is insufficient antecedent basis for this limitation in the claim. The housing feet are first recited in claim 10 from which claim 12 does not depend.
Regarding claim 13, it is unclear what is structurally required to define a “surface” that is “capable of receiving the static electricity”. What structure is required for a surface to be able to do this? Does this require some special feature or can any surface of any conductive element do this?
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) 1-10 and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riebling, DE 202006018877.
Regarding claim 1, Riebling discloses a bearing house (1) comprising a bearing house body (3) for holding a bearing (4), and at least one conducting element (2/13) providing an electrical connection between the inside of the bearing house body (1) and an outside material (14 or terminal connected to 14, see attached translation).
Regarding claim 2, Riebling discloses that the electrical connection is configured to transfer static electricity through the bearing, when the bearing is inserted into the bearing house, through the at least one conducting element to the outside material (the claim is defining what the electrical connection is for, transferring static electricity, using “configured to” language but is ultimately not limiting the claim to any particular structure, the arrangement of Riebling includes metal plate 2 and screws 13 which form a conductive path between the bearing and the terminal element 14 this can be configured to allow input of an electrical charge or allow for the removal of static electricity (form a grounding feature) as the configured to recitation of the claim is not structurally limiting but is only defining the function, the structure of Riebling can perform the function).
Regarding claim 3, Riebling discloses that the electrical connection is configured to transfer static electricity from a rotatable shaft (when inserted into the bearing house), through the bearing (when the bearing is inserted into the bearing house), and through the at least one conducting element to the outside material (in a bearing the moving of the parts generates static electricity, the static electricity is transferred through all elements in contact along the path to any grounding element, this includes through the shaft, the bearing and the plate and screw of Riebling, like with claim 2 above the claim is not defining any particular structure but rather that the parts “are configured” to perform a function, the parts of Riebling can perform this function).
Regarding claim 4, Riebling discloses that the outside material is a material different from the bearing house (14 is disclosed as a spring plate that is electrically conductive, or in other words metal or metallic like element, and the housing is disclosed as plastic, see the fourth claim in the attached translation); the bearing when inserted into the bearing house; or the shaft when inserted into the bearing and the bearing house.
Regarding claim 5, as best understood, Riebling discloses that the bearing house body (3) is provided in [made of] a non-conductive material (Riebling discloses that 3 can be plastic or wood, both of which are non-conductive materials).
Regarding claim 6, Riebling discloses that [the] at least one conducting element (2/13) comprises an electrically conductive material (2 can be made of aluminum, steel or copper, all of which are conductive, see claims in attached translation, the screws 13 are also disclosed as being electrically connected with the plate 2 used to bridge the space between 2 and 14 making it a conductive element between 2 and 14).
Regarding claim 7, as best understood, Riebling discloses that the electrically conductive material “may be” a springy conducting material, preferably, the springy conducting material may be in the form of a spring (e.g. a spiral spring or plate spring), a flexible tap, pogo pins or the like (the metes and bonds of “springy” are unclear as noted above, 2 is disclosed as a metal plate would include some flexibility, specifically in the limited thickness range the part would have to be to fit in a bearing and thus as best understood could be considered “springy”).
Regarding claim 8, as best understood, Riebling discloses that the electrically conductive material “may be” made of a metal material, preferably an electrically conductive metal material (2 can be made of aluminum, steel or copper, all of which are conductive metals).
Regarding claim 9, Riebling discloses that [the] at least one conducting element (2) is in physical contact with the bearing (4) when the bearing is inserted into the bearing house (see figure showing both bearings touching the sides of 2).
Regarding claim 10, Riebling discloses that the electrical connection is connected to one or more bearing house feet and/or one or more attachment means (14 can be viewed as an attachment means, or alternatively the screw can be viewed as a separate element to the conductive member 2, as the claims do not structurally define what the parts are) providing an electrically connection from the inside of the bearing house body to the outside material.
Regarding claim 12, Riebling discloses that the bearing house body is provided with at least one hole between the inside of the bearing house body and the outside material (the hole is the region of the housing body that holds 2 and 13, this corresponds to the hole 53 in the instant application that holds the conductive element), or the inside of the bearing house body and the one or more bearing house feet and/or one or more attachment means.
Regarding claim 13, Riebling discloses that the outside material (14) “may be” any material or surface capable of receiving the static electricity created in the bearing (14 transfers the electrical charge to the terminal and is thus conductive and capable of receiving static electricity).
Claim(s) 1-7, 9-10 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mola, USP 9,261,143.
Regarding claim 1, Mola discloses a bearing house comprising a bearing house body (40/50) for holding a bearing (20), and at least one conducting element (70) providing an electrical connection between the inside of the bearing house body (40/50) and an outside material (bolt 91 or grounding wire 92).
Regarding claim 2, Mola discloses that the electrical connection is configured to transfer static electricity through the bearing, when the bearing is inserted into the bearing house, through the at least one conducting element (70) to the outside material (see column 2, lines 21-41).
Regarding claim 3, Mola discloses that the electrical connection is configured to transfer static electricity from a rotatable shaft (15) (when inserted into the bearing house), through the bearing (20) (when the bearing is inserted into the bearing house), and through the at least one conducting element (70) to the outside material (91/92, see column 2, lines 21-41).
Regarding claim 4, Mola discloses that the outside material is a material different from the bearing house (91 and 92 are bolts and ground wires with 91 being specifically discloses as a conductive material and 50 is a plastic material, see column 2, lines 36-41 and column 2 lines 65 and 66); the bearing when inserted into the bearing house; or the shaft when inserted into the bearing and the bearing house.
Regarding claim 5, as best understood, Mola discloses that the bearing house body (40/50) is provided in [made of] a non-conductive material ( 50 is plastic see column 2, lines 36-41).
Regarding claim 6, Mola discloses that [the] at least one conducting element (70) comprises an electrically conductive material (see column 2, lines 36-47).
Regarding claim 7, as best understood, Mola discloses that the electrically conductive material “may be” a springy conducting material, preferably, the springy conducting material may be in the form of a spring (e.g. a spiral spring or plate spring), a flexible tap, pogo pins or the like (the metes and bonds of “springy” are unclear as noted above, all elements have some degree of flexibility and can be considered “springy”).
Regarding claim 9, Mola discloses that [the] at least one conducting element (70) is in physical contact with the bearing (20) when the bearing is inserted into the bearing house (see figure 3 showing 70 directly contacting the outer ring of the bearing).
Regarding claim 10, Mola discloses that the electrical connection is connected to one or more bearing house feet and/or one or more attachment means (the cavity in 50 that holds 70 and/or the bolt can be viewed as attachment means separate from the conductive element as the claims do not structurally define what the parts are) providing an electrically connection from the inside of the bearing house body to the outside material.
Regarding claim 13, Mola discloses that the outside material (91 and/or 92) may be any material or surface capable of receiving the static electricity created in the bearing (91/92 are materials that are conductive in order to ground the assembly).
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riebling, DE 202006018877, in view of Klerk, WO2021/151985.
Regarding claim 11, Riebling does not disclose that the bearing house
Klerk teaches a bearing housing configuration that includes a shield (4) forming a shaft insertion (6) for inserting a shaft into the bearing house wherein the shield is formed with a spherical outer surface (4a) which is movable in contact with the bearing house body and the shield rests on the bearing when installed in the bearing house body (see claim 6 and figures 10-13) for the purpose of providing a water proof bearing housing that allows for increase angular movements of the shaft (see bottom of page 2).
It would have been obvious to one having ordinary skill in the art at the time of effective filing to modify Riebling and use any previously known housing configuration, including one that includes a shield forming a shaft insertion for inserting a shaft into the bearing house wherein the shield is formed with a spherical outer surface which is movable in contact with the bearing house body and the shield rests on the bearing when installed in the bearing house body, as taught by Klerk, for the purpose of providing a water proof bearing housing that allows for increase angular movements of the shaft.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mola, USP 9,261,143.
Mola, while disclosing conductive elements, does not disclose that the electrically conductive material may be made of a metal material, preferably an electrically conductive metal material.
It would have been obvious to one having ordinary skill in the art at the time of effective filing to modify Mola and make the conductive elements out of any previously known conductive material, including metal, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
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