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 .
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 4-7 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 4 recites that “a plurality of fasteners are extended through aligned ones of the fastener holes in the first plate and the second plate” in lines 5-6. However, it is unclear what exactly is meant by “extended through aligned ones of the fastener holes”. Are the fasteners aligned with the fastener holes? Are the holes aligned in relation to each other? Or in relation to the first and second plate? Further clarification is needed.
Claim 6 recites “the compressive force is sufficient to enable a lathe to reduce the outer diameter of the seal ring while clamped in the apparatus” in lines 1-2. It is unclear how exactly this compressive force “sufficient” so as to enable a lathe to reduce the outer diameter of the seal ring while clamped in the apparatus. How much compressive force is “sufficient”? Further clarification is needed.
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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 116214220 (hereafter—CN’220--).
;In regards to claim 1, CN’220 discloses a clamping apparatus capable of being used for reducing an outer diameter of an oversized seal ring having inclined inner edge surfaces culminating at a pointed leading end edge, wherein the clamping apparatus comprises: a first plate including a first peripheral angled surface; a second plate, the second plate including a second peripheral angled surface that is spaced a distance from the first peripheral angled surface, wherein the first and second peripheral angled surfaces define at least a portion of a wedge-shaped receiving cavity capable of receiving the inclined inner edges of the oversized seal ring; and the second plate being fastened to the first plate capable of providing a clamping force about the circumference of the oversized seal ring by virtue of the first and second peripheral angled surface, whereby the oversized seal ring capable of being securely held in position in order to reduce the outer diameter of the oversized seal ring. See annotated Figure 3 below.
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In regards to claim 2, CN’220 discloses the clamping apparatus of claim 1, CN’220 also discloses a stem extending from a central upper surface of the first plate. See annotated Figure 3 above.
In regards to claim 3, CN’220 discloses the clamping apparatus of claim 2, CN’220 also discloses that the second plate further includes a central opening sized to receive a portion of the stem therethrough; wherein by virtue of the stem, the central opening and the first and second peripheral surfaces, the oversized seal ring is capable of self-centering with respect to the first plate and the second plate. See annotated Figure 3 above.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 115383480 (hereafter—CN’480--).
In regards to claim 1, CN’480 discloses a clamping apparatus capable of being used for reducing an outer diameter of an oversized seal ring having inclined inner edge surfaces culminating at a pointed leading end edge, wherein the clamping apparatus comprises: a first plate (1-1) including a first peripheral angled surface (1-2); a second plate (2-1), the second plate including a second peripheral angled surface (2-2) that is spaced a distance from the first peripheral angled surface, wherein the first and second peripheral angled surfaces define at least a portion of a wedge-shaped receiving cavity that is capable of receiving the inclined inner edges of the oversized seal ring; and the second plate being fastened to the first plate so as to be capable of provide a clamping force about the circumference of the oversized seal ring by virtue of the first and second peripheral angled surfaces, whereby the oversized seal ring is capable of being securely held in position in order to reduce the outer diameter of the oversized seal ring. See Figures 1-2.
In regards to claim 2, CN’480 discloses the clamping apparatus of claim 1, CN’480 also discloses a stem (3, 3-1, 3-2, 3-3, 3-4, 3-5) extending from a central upper surface of the first plate. See Figures 1-2 and 4.
In regards to claim 3, CN’480 discloses the clamping apparatus of claim 2, CN’480 also discloses that the second plate further includes a central opening (where 3-2 assembles to portion 3-1) sized to receive a portion of the stem therethrough, wherein by virtue of the stem, the central opening and the first and second peripheral surfaces, the oversized seal ring is capable of self-centering with respect to the first plate and the second plate.
In regards to claim 4, CN’480 discloses the clamping apparatus of claim 3, CN’480 also discloses that the first plate and the second plate each include a plurality of fastener holes (holes where fasteners 4-1 are being disposed into as in Figures 1 and 2), and wherein a plurality of fasteners (4-1) are extended through aligned ones of the fastener holes in the first plate and the second plate so as to be capable of providing the clamping force. See Figures 1 and 2.
In regards to claim 5, CN’480 discloses the clamping apparatus of claim 4, CN’480 also discloses that the plurality of fasteners (4-1) are spaced circumferentially from one another so as to be capable of enabling a substantially constant compressive force to be induced to the circumference of the seal ring. See Figures 1 and 2.
In regards to claim 6, CN’480 discloses the clamping apparatus of claim 5, CN’480 also discloses that the compressive force is sufficient so as to be capable of enabling a lathe to reduce the outer diameter of the seal ring while clamped in the apparatus.
In regards to claim 7, CN’480 discloses the clamping apparatus of claim 5, CN’480 also discloses that the stem (via 3-5) is capable of being rotatable with respect to the lathe.
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) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 116214220 (hereafter—CN’220--) as applied to claim 3 above, in view of CN 115383480 (hereafter—CN’480--).
In regards to claim 4, CN’220 discloses the clamping apparatus of claim 3, CN’220 also discloses that the first plate and the second plate each include a fastening hole (where fastener 1 is being inserted into) and, wherein a fastener (1) is extended through aligned hole in the first and second plate so as to be capable of providing the clamping force.
However, CN’220 fails to disclose a plurality of fastening holes and a plurality of fasteners.
CN’480 teaches that it is well known in the art to have a plurality of circumferentially spaced apart fastening holes and fasteners extending through and being defined in each of the first and second plates.
Accordingly, it would have been obvious to a person having ordinary skill in the art at the time Applicant’s invention was filed to duplicate the fastening mechanism of CN’220 so as to include a plurality of fastening mechanisms based on the teachings of CN’480 as it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
In regards to claim 5, CN’220 as modified discloses the clamping apparatus of claim 4, CN’220 as modified also discloses that the plurality of fasteners (modified CN’220) are spaced circumferentially from one another (modified CN’220) so as to be capable of enabling a substantially constant compressive force to be induced to the circumference of the seal ring.
In regards to claim 6, CN’220 as modified discloses the clamping apparatus of claim 5, CN’220 as modified also discloses that the compressible force is sufficient so as to be capable of enabling a lathe to reduce the outer diameter of the seal ring while being clamped in the apparatus.
In regards to claim 7, CN’220 as modified discloses the clamping apparatus of claim 5, CN’220 as modified also discloses that the stem (of CN’220) is capable of being rotatable with respect to the lathe.
Response to Arguments
Applicant's arguments filed 04/27/2026 have been fully considered but they are not persuasive.
Applicant argues in page 6 of the Remarks, that the “ring” on CN’220, is “dis-similar shape from the seal ring of claim 1”. However, the scope of the claimed invention is to a clamping structure capable of clamping a seal ring having an oversized shape, and not to the actual structure of the seal ring. Thus, it has been noted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since as set forth in the rejection above, CN’220’s discloses the structural limitations of a clamping structure having a first plate including a first peripheral angled surface; a second plate including a second peripheral angled surface that is spaced a distance from the first peripheral angled surface, the first and second peripheral angled surfaces defining at least a portion of a wedge-shaped receiving cavity; and the second plate being fastened to the first plate (see annotated Figure 3 in the rejection above); then the clamping structure is capable of capable of being used for reducing an outer diameter of an oversized seal ring having inclined inner edge surfaces culminating at a pointed leading end edge, due to the wedge-shaped cavity defined by first and second peripheral angled surface as set forth above.
Applicant argues in page 6 of the Remarks, CN’480 does not anticipate the claimed invention as set forth in claim 1, because in CN’480 there is no disclosure “of an oversized ring or any reduction of a diameter of a seal ring with a clamping apparatus”. However, the scope of the claimed invention is to a clamping structure capable of clamping a seal ring having an oversized shape, and not to the actual structure of the seal ring or to the reduction of a diameter of the seal ring. Thus, it has been noted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since as set forth in the rejection above, CN’480’s discloses the structural limitations of a clamping structure having a first plate (1-1) including a first peripheral angled surface (1-2); a second plate (2-1) including a second peripheral angled surface (2-2) that is spaced a distance from the first peripheral angled surface, the first and second peripheral angled surfaces defining at least a portion of a wedge-shaped receiving cavity; and the second plate being fastened to the first plate; then the clamping structure is capable of capable of being used for reducing an outer diameter of an oversized seal ring having inclined inner edge surfaces culminating at a pointed leading end edge, due to the wedge-shaped cavity defined by first and second peripheral angled surface as set forth above.
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 NICOLE N RAMOS whose telephone number is (571)272-5134. The examiner can normally be reached Mon-Thu 7:00 am -5:00 pm.
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/NICOLE N RAMOS/Primary Examiner, Art Unit 3722
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