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 .
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 “first position X is located further inward in a radial direction than the second position Y” of claim 2 together with the “first position X is located further outward in the radial direction than the second position Y” 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 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.
Claims 3-5 is 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 3 recites “the first position X is located further outward in the radial direction than the second position Y”. Claim 2 previously recited “the first position X is located further inward in a radial direction than the second position Y”. The limitations are mutually exclusive. How can the first position be both further outward and inward of the second position?
Claim 5 recites “a sealing lip”. Claim 4 previously recited “at last one sealing lip”. It is unclear if the lip of claim 5 is the same element as that of claim 4 of if they are different elements.
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.
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stahl DE 102020114438.
Re clm 1, Stahl discloses a vehicular wheel bearing (Fig. 1) for rotatably mounting and supporting a vehicular wheel on a vehicle body, the vehicular wheel bearing comprising: a rotating element (6) which rotates together with the vehicular wheel; a non-rotating element (3,4) mounted and fixed to the vehicle body; a plurality of rolling elements (8 and 9) disposed between the rotating element and the non-rotating element; and a sealing device (2) installed between the rotating element and the non-rotating element to prevent an inflow of external foreign substances, wherein the sealing device comprises a first member (10) mounted to either the rotating element or the non-rotating element of the wheel bearing; a second member (15) mounted to the other one of the rotating element and the non-rotating element of the wheel bearing; and a negative pressure prevention member (20, Fig. 2-3) attached to the first member, the first member of the sealing device (500) comprises a through hole (hole in 12 into which 20 is fit) which communicates with a sealing space portion S2 (18) formed inside the sealing device, the negative pressure prevention member comprises an internal pressure discharging portion P which communicates a bearing space portion S1 (7), in which the rolling elements are located, with the sealing space portion S2, and the inner pressure discharge portion P is configured to communicate with the bearing space portion S1 at a first position X (16, Fig. 2) and to communicate with the sealing space portion S2 (at 17) via the through hole at a second position Y apart from the first position X.
Re clm 9, Stahl discloses a vehicular wheel bearing (Fig. 1) for rotatably mounting and supporting a vehicular wheel to a vehicle body, the vehicular wheel bearing comprising: a rotating element (6) which rotates together with the vehicular wheel; a non-rotating element (3,4) mounted and fixed to the vehicle body; a plurality of rolling elements (8 and 9) disposed between the rotating element and the non-rotating element; and a sealing device (2) installed between the rotating element and the non-rotating element to prevent an inflow of external foreign substances, wherein the sealing device comprises a first member (10, Fig. 2-3) mounted to either the rotating element or the non-rotating element of the wheel bearing; and a second member (15) mounted to the other one of the rotating element and the non-rotating element of the wheel bearing, the first member of the sealing device comprises an internal pressure discharging portion P (19) which communicates a sealing space portion S2 (18) formed inside the sealing device with a bearing space portion S1 (7) in which the rolling elements are located, and the internal pressure discharging portion P is configured to communicate with the bearing space portion S1 at a first position X and to communicate with the sealing space portion S2 at a second position Y apart from the first position X (positions are different both circumferentially and axially).
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.
Claims 1-2, 6, 9-10 and 14 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Kaiser DE 102016206013 or, in the alternative, under 35 U.S.C. 103 as obvious over Stahl DE 102020114438.
Re clm 1, Kaiser discloses a vehicular wheel bearing ([0005]) for rotatably mounting and supporting a vehicular wheel on a vehicle body, the vehicular wheel bearing comprising: a rotating element (element to which 6 is mounted, not shown) which rotates together with the vehicular wheel; a non-rotating element (3) mounted and fixed to the vehicle body; a plurality of rolling elements ([0005]) disposed between the rotating element and the non-rotating element; and a sealing device (1) installed between the rotating element and the non-rotating element to prevent an inflow of external foreign substances, wherein the sealing device comprises a first member (2) mounted to either the rotating element or the non-rotating element of the wheel bearing; a second member (6) mounted to the other one of the rotating element and the non-rotating element of the wheel bearing; and a negative pressure prevention member (4 and 16) attached to the first member, the first member of the sealing device comprises a through hole (13 and/or 14) which communicates with a sealing space portion S2 (space between 2 and 6) formed inside the sealing device, the negative pressure prevention member comprises an internal pressure discharging portion P which communicates a bearing space portion S1 (on left side of 2), Fig. 3) in which the rolling elements are located, with the sealing space portion S2, and the inner pressure discharge portion P is configured to communicate with the bearing space portion S1 at a first position X and to communicate with the sealing space portion S2 via the through hole at a second position Y apart from the first position X (as shown by Fig. 3).
Although it is the examiner’s opinion that Kaiser discloses a rotating element which rotates together with the vehicular wheel; a non-rotating element mounted and fixed to the vehicle body since these are parts that are required for a wheel bearing, Kaiser does not explicitly disclose all these elements.
Stahl teaches a similar sealing arrangement in a wheel bearing comprising a vehicular wheel bearing (Fig. 1) for rotatably mounting and supporting a vehicular wheel on a vehicle body, the vehicular wheel bearing comprising: a rotating element (6) which rotates together with the vehicular wheel; a non-rotating element (3,4) mounted and fixed to the vehicle body; a plurality of rolling elements (8 and 9) disposed between the rotating element and the non-rotating element; and a sealing device (2) installed between the rotating element and the non-rotating element to prevent an inflow of external foreign substances.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the sealing arrangement of Kaiser into any well-known vehicle wheel bearing and provide a rotating element which rotates together with the vehicular wheel; a non-rotating element mounted and fixed to the vehicle body to achieve the predictable result of providing the benefits of the sealing arrangement of Kaiser into any well-known vehicular wheel bearing assembly.
Re clm 2 and 10, Kaiser further discloses the first position X (15) is located further inward in a radial direction than the second position Y (14).
Re clm 6, Kaiser further discloses the internal pressure discharging portion P is formed as a recessed structure in one axial end surface of the negative pressure prevention member (recesses of element 4 are formed or right axial face of 4).
Re clm 9, Kaiser discloses a vehicular wheel bearing ([0005]) for rotatably mounting and supporting a vehicular wheel to a vehicle body, the vehicular wheel bearing comprising: a rotating element (element onto which 6 is mounted, now shown) which rotates together with the vehicular wheel; a non-rotating element (3) mounted and fixed to the vehicle body; a plurality of rolling elements ([0005]) disposed between the rotating element and the non-rotating element; and a sealing device (1) installed between the rotating element and the non-rotating element to prevent an inflow of external foreign substances, wherein the sealing device comprises a first member (2 and 4) mounted to either the rotating element or the non-rotating element of the wheel bearing; and a second member (6) mounted to the other one of the rotating element and the non-rotating element of the wheel bearing, the first member of the sealing device comprises an internal pressure discharging portion P (cavity formed by and between 14 and 15) which communicates a sealing space portion S2 (between 2 and 6) formed inside the sealing device with a bearing space portion S1 (to left of 4) in which the rolling elements are located, and the internal pressure discharging portion P is configured to communicate with the bearing space portion S1 at a first position X (15) and to communicate with the sealing space portion S2 at a second position Y (14) apart from the first position X.
Although it is the examiner’s opinion that Kaiser discloses a rotating element which rotates together with the vehicular wheel; a non-rotating element mounted and fixed to the vehicle body since these are parts that are required for a wheel bearing, Kaiser does not explicitly disclose all these elements.
Stahl teaches a similar sealing arrangement in a wheel bearing comprising a vehicular wheel bearing (Fig. 1) for rotatably mounting and supporting a vehicular wheel on a vehicle body, the vehicular wheel bearing comprising: a rotating element (6) which rotates together with the vehicular wheel; a non-rotating element (3,4) mounted and fixed to the vehicle body; a plurality of rolling elements (8 and 9) disposed between the rotating element and the non-rotating element; and a sealing device (2) installed between the rotating element and the non-rotating element to prevent an inflow of external foreign substances.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the sealing arrangement of Kaiser into any well-known vehicle wheel bearing and provide a rotating element which rotates together with the vehicular wheel; a non-rotating element mounted and fixed to the vehicle body to achieve the predictable result of providing the benefits of the sealing arrangement of Kaiser into any well-known vehicular wheel bearing assembly.
Re clm 14, Kaiser further discloses the internal pressure discharging portion P is formed as a recess structure (cavity formed in 4 between 14 and 15) on one axial end surface of a frame (4) of the first member (2 and 4) of the sealing device.
Claims 3-5, 7-8, 11-13 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kaiser DE 102016206013 or Kaiser DE 102016206013 in view of Stahl DE 102020114438 as applied to claims 2, 6 and 9 and 14 above, and further in view of Jauernig DE 102005055037.
Kaiser or Kaiser in view of Stahl discloses all the claimed subject matter as described above.
Re clm 3 and 11, Kaiser discloses the first position X is located further inward in a radial direction than the second position Y and therefore does not disclose the first position X is located further outward in the radial direction than the second position Y.
Jauernig teaches a similar venting labyrinth comprising the first position X (35, Fig. 8) is located further outward in the radial direction than the second position Y (lowest 63).
It would have been obvious to one of ordinary skill in the art to modify Kaiser and provide the first position X is located further outward in the radial direction than the second position Y, since it has been held that rearranging the parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Re clm 4 and 12, Kaiser further discloses at least one sealing lip is provided on radially outer and radially inner sides of the second position Y, respectively (5 is located radially inner of 14; top of 6 that forms labyrinth with 2 is a lip which is radially outward of 14).
Re clm 5 and 13, Kaiser further discloses a sealing lip (upper horizontal portion of 6) located on the radially outer side of the second position Y is a non-contact sealing lip.
Re clm 7 and 15, Kaiser does not disclose the internal pressure discharging portion P comprises a plurality of segments extending in different directions to form a labyrinth structure.
Jauernig teaches a similar venting seal comprising a plurality of segments (arcs and radial paths, Fig. 9) extending in different directions to form a labyrinth structure. Labyrinth structures are well-known in bearing seals to prevent debris from passing through the labyrinth.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the vent path of Kaiser and provide the internal pressure discharging portion P comprises a plurality of segments extending in different directions to form a labyrinth structure for the purpose of preventing debris from pass through the discharging portion.
Re clm 8 and 16, Kaiser does not disclose a plurality of the internal pressure discharging portions P are provided in the negative pressure prevention member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kaiser and provide a plurality of the internal pressure discharging portions P are provided in the negative pressure prevention member, since it held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP §2144.04(VI)(B). This ensures redundancy in the venting of the bearing, incase one venting path becomes blocked.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN B WAITS whose telephone number is (571)270-3664. The examiner can normally be reached Monday-Thursday from 6-4 EST.
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/ALAN B WAITS/Primary Examiner, Art Unit 3617