Detailed Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
3. 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 1-11 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 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 1 lacks antecedent basis for “another machine part” in line 8, “radial inner peripheral side” in lines 9-10, “one or more, ring-shaped circumferential, annular grooves” in line 10-11, “the first groove flank” in line 13 and “the region” in line 18. Further, it is unclear to how many annular grooves are being claimed in that as seen in lines 10-11 of claim 1 one or more annular grooves are claimed, and then in line 13 “the annular groove” implies only a single annular groove is being claimed and then in line 14, "the annular grooves” implies only a plurality of annular grooves are being claimed, precluding only a single annular groove. Further, it is unclear as to whether the foreign particle detailed in line 17 is the same or different than the foreign particle detailed in lines 1 and 8.
Claim 9 recites the limitation "the operational use" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 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 10 lacks antecedent basis for “the holding structure” in line 4 and it is unclear to whether the holding structure relates to the holding section as detailed in claim 1. Further, the phrase “is arranged to be held” in lines 4-5 makes it unclear as to whether the impulse scraper of claim 1 is being claimed and that this phrase implies that the scraper of claim 1 could be held by one of the machine parts and the claim later recites components of the scraper of claim 1 and it is unclear to whether these components are to be considered part of the claimed invention. Further, claim 10 lacks antecedent basis for “the respective other machine part” in line 6. Further, in lines 5-6 it is unclear to what the scraper lip makes dynamic contact with. Further, in lines 7-11, specific elements of claim 1 are claimed and it is unclear to which machine part these elements of claim 1 are related to. For clarity it is recommended in lines 2-3 of claim 10 to change “which machine parts are arranged spaced apart, forming a bearing gap, wherein one of the two machine parts” to - -the first and second machine parts are spaced apart, forming a bearing gap therebetween, wherein one of the first and second machine parts- -.
Claim 11 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. Given the 112(b) rejections of claim 1 related to the number of annular grooves, if more than one annular grooves are being contemplated by claim 1 then “the annular groove” as detailed in lines 1-2 of claim 11 makes it unclear to how many annular grooves are being claimed. Further, it is unclear to what “this” refers to in line 3 of claim 11. Further, claim 11 lacks antecedent basis for “pressing” in line 3, “the lubricant” in lines 3-4 and “the direction” in line 4.
Allowable Subject Matter
4. Claims 1-11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following patents are cited to further show the state of the art with respect to machine scraping/sealing devices in general:
U.S. Pat. No. 4,461,486 to Tregonning – shows scraping device
U.S. Pat. No. 4,534,239 to Heimann – shows scraping device
U.S. Pat. No. 4,577,363 top Wyse – shows scraping device
U.S. Pat. No. 5,460,678 to Reinsma et al. – shows sealing device
U.S. Pat. No. 6,623,011 to Ueda et al. – shows scraping device
U.S. Pub. No. 2003/0178786 to Siegrist et al. – shows scraping device
U.S. Pat. No. 8,544,850 to Balsells et al. – shows sealing device
U.S. Pub. No. 2024/0044409 to Wilke et al. – shows sealing device
FR Pat. No. 1446327 to Benoit – shows scraping device
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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