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 Objections
Claim 22 is objected to because of the following informalities: “define” should read “defines”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-9 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Voitik (US 3,511,511).
With regard to claim 1, Voitik discloses a shaft sealing assembly (including 10 and 11) of an electric toothbrush (Examiner notes this is interpreted as an intended use limitation in the preamble that is given little patentable weight, as the device of Voitik can be used in such a device it anticipates such an intended use), comprising: a center shaft (11); and a movable sealing assembly (10, which is considered a movable sealing assembly in that the seal is a dynamic seal as detailed in col. 1 lines 26-33, etc.), comprising a fixation seat (including 15 and 16) and a movable sealing member (20); wherein, the fixation seat defines a sleeving hole (as seen in Fig. 1 the hole through the middle thereof), an inner circumferential surface of the sleeving hole defines an annular sealing slot (as seen in Fig. 1 at 60), the sealing slot has a front wall surface (17) and a rear wall surface (18) opposite to the front wall surface in an axial direction (as seen in Fig. 1 the left-right direction); the movable sealing member is made of flexible material (rubber as disclosed in col. 1, lines 66-70, etc.), the movable sealing member is received in the sleeving hole (as seen in Fig. 1) and extends into the sealing slot (as seen in Fig. 1), the movable sealing member defines a fixation shaft hole (i.e. the hole through the middle thereof as seen in Fig. 1) which is sealed to and fixedly sleeves the center shaft (as seen in Fig. 1, described in col. 1 lines 26-33, etc.), the movable sealing member is sealed to and rotatably mated to the front wall surface and the rear wall surface (as seen in Fig. 1 at 28 and 27 (respectively)).
With regard to claim 2, Voitik discloses that a gap (i.e. defined at space 60) is defined between an outer circumferential surface of the movable sealing member (i.e. the radial outermost portion(s) thereof as seen in Fig. 1) and the inner circumferential surface of the sealing slot (i.e. the inner cylindrical portion of the outer region of 16), the movable sealing member and the fixation seat cooperatively enclose a sealing compartment (i.e. space 60) located in an inner cavity of the sealing slot (as seen in Fig. 1).
With regard to claim 3, Voitik discloses that the movable sealing assembly further comprises an oily sealing material filled in the sealing compartment (i.e. grease as disclosed in col. 3, lines 1-3), the oily sealing material forms an oil sealing interface between the movable sealing member and the front wall surface and an oil sealing interface between the movable sealing member and the rear wall surface (i.e. as the space 60 is at least substantially full, as disclosed in col. 3, lines 103, it would provide such oil sealing interfaces as it would contact each of these parts).
With regard to claim 4, Voitik discloses that a front end face (i.e. the right-hand face as seen in Fig. 1) of the movable sealing member is arranged with a front annular projection (27) at a periphery of the fixation shaft hole (i.e. as it is at an axial end thereof as seen in Fig. 1, etc.), the front annular projection is sealed to and rotatably mated with the front wall surface (as seen in Fig. 1, etc.); a rear end face (i.e. the left-hand face as seen in Fig. 1) of the movable sealing member is arranged with a rear annular projection (28) at another periphery of the fixation shaft hole (i.e. as it is at an axial end thereof as seen in Fig. 1, etc.), the rear annular projection is sealed to and rotatably mated with the rear wall surface (as seen in Fig. 1, etc.).
With regard to claim 5, Voitik discloses that each of the front wall surface and the rear wall surface is a highly smooth surface (as shown in Fig. 1 they are at least relatively smooth surfaces and thus considered highly smooth at least in comparison to other rough surfaces (e.g. surfaces where the same views as in Fig. 1 would show surface imperfections). Additionally as Applicant’s para. [0091] discloses that smooth surfaces are considered to be highly-smooth surfaces, and as no specific roughness values are discloses Examiner interpretation is the broadest reasonable interpretation of such), a friction coefficient of each of the front wall surface and the rear wall surface is less than a friction coefficient of an outer surface of the fixation seat (as detailed in col. 3, lines 1-3 as they are lubricated surfaces they would have a lower coefficient of friction. Additionally/alternatively Examiner notes that as Applicant has not specified how the coefficients of friction are measured (and not even specified they are measured under the same conditioner), as coefficients of friction are highly variable depending on the testing methodology, these limitations are not very limiting as there is necessarily some manner in which they could be measured where such is the case).
With regard to claim 6, Voitik discloses that the movable sealing member is axially pre-compressed to the front wall surface and the rear wall surface (Examiner notes that this considered either a product-by-process limitation or possible an intended use limitation/capability of the sealing member and thus is given little patentable weight and as it is capable of such (e.g. it can be axially compressed prior to insertion into the hole/slot or is can be compressed in the process of insertion) it anticipates such).
With regard to claim 7, Voitik discloses that the movable sealing assembly further comprises an annular clamp (30 and/or one or more of 40-42), the annular clamp sleeves an outer circumferential surface of the movable sealing member (as seen in Fig. 1), the annular clamp and the movable sealing member fit tightly to each other in a radial direction (as seen in Fig. 1).
With regard to claim 8, Voitik discloses that the outer circumferential surface of the movable sealing member defines an annular limiting slot (i.e. between the conical surfaces contacting 30 as seen in Fig. 1, and/or between 22 and 21 as seen in Fig. 1), the annular clamp is received in the annular limiting slot (as seen in Fig. 1).
With regard to claim 9, Voitik discloses that the annular clamp is a coiled spring (i.e. 30 is disclose as a garter spring), a front end and a rear end of the annular clamp respectively resiliently abut against two walls of the limit slot (as seen in Figs. 1, etc.) that face opposite to each other in the axial direction (as seen in Figs. 1, etc.).
With regard to claim 11, Voitik discloses that the fixation seat comprises a base (16) and a front cover (15) fixedly connected to the base (as seen in Fig. 1), the base and the front cover cooperatively enclose the sleeving slot and the sealing slot (as seen in Fig. 1, and in light of the above 112(b) rejection), the sleeving slot comprises a rear opening defined in the base (i.e. the rear opening thereof receiving shaft 11) and a front opening defined in the front cover (i.e. the front opening thereof receiving shaft 11), the front wall surface of the sealing slot is formed on the front cover (as seen in Fig. 1), and the rear wall surface of the sealing slot is formed on the base (as seen in Fig. 1).
With regard to claim 12, Voitik discloses that the base comprises a sealing cylinder (i.e. the cylindrical/axially extending portion shown contacting the member comprising 12/12a in Fig. 1), an inner periphery of the sealing slot is formed on the sealing cylinder (as seen in Fig. 1), an inner wall surface of a front end of the sealing cylinder defines an annular slot (as seen in Fig. 1); the front cover comprises a cover plate (i.e. the body of 15) and an inner stopping port (i.e. the gap under 15), the cover plate covers an opening at a front side of the sealing cylinder (as seen in Fig. 1), the inner stopping port is annular (as seen in Fig. 1) and protrudes from a rear side of cover plate (i.e. as seen in Fig. 1 as it protrudes axially from each side of the cover plate), the inner stopping port is mated to be embedded in the annular slot (as seen in Fig. 1 as it (and the rest of the front cover are positioned/embedded therein).
With regard to claim 13, Voitik discloses that the movable sealing member is made of rubber or silicone, the base and the front cover are both made of plastic, a rear end surface of the inner stopping port is ultrasonically welded to an inner wall surface of the annular slot; and/or (Examiner notes this requires only the preceding or the following limitations for anticipation) an outer circumferential surface of the inner stopping port is arranged with an outer limiting plane (i.e. the inner stopping port has an outer limiting plane at the outer circumference of 15), an inner circumferential surface of the annular slot (i.e. an inner circumference of the joint between 15 and 16) is arranged with an inner limiting plane that is adapted and attached to the outer limiting plane (as seen in Fig. 1).
With regard to claim 14, Voitik discloses that the base further comprises a positioning projection disposed on a front end face of the sealing cylinder (i.e. the projecting portion where the joint between 15 and 16 is, as seen in Fig. 1), an outer edge of the front cover defines a positioning slot that is mated to the positioning projection (as seen in Fig. 1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Voitik (US 3,511,511).
With regard to claim 10, Voitik discloses that there is an interference amount between the movable sealing member and the fixation seat, in the axial direction, but fails to specify exactly how much interference there is and thus fails to explicitly disclose that it is in a range of [0.1%, 0.5%]. However it would have been considered obvious, to one of ordinary skill in the art, at the time of filing, to have made the interference amount in a range of [0.1%, 0.5%] as it is not considered inventive to discover the optimum or workable ranges by routine experimentation absent some showing of criticality. See In re Aller, 105 USPQ 233, 235 (CCPA 1955). Such a modification would have merely provided the expected benefits of providing a stronger seal (i.e. via more interference leading to greater contact pressure) or providing for easier installation and/or lower friction (i.e. via less interference leading to lower insertion force and lower contact pressure).
Claims 16-18 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over CN 110037820 (hereinafter CN ‘820) in view of Voitik (US 3,511,511).
With regard to claim 16, CN ‘820 discloses a front end waterproof assembly (as seen in Figs. 1-7, 14, etc.), the front end waterproof assembly comprising: a housing (20), defining a cavity (i.e. the space therein as seen in Figs. 7, 14, etc.), wherein, a front end face (i.e. an axial face of 20 as seen in Figs. 7, 14, etc.) of the housing defines a sealing hole (i.e. the hole in 20 for the shaft as seen in Figs. 7, 14, etc.) communicated to the cavity (as seen in Figs, 7, 14, etc.); a static sealing member (24), received in and mated with the sealing hole (as seen in Figs. 7, 14, etc.), wherein the static sealing member defines a movable shaft hole (i.e. the bore 240 therein) communicated with the cavity (as seen in Figs. 7, 14, etc.); wherein, the center shaft (21) extends through the movable shaft hole and extends out of the housing (as seen in Figs. 7, 14, etc.), the center shaft is sealed to and rotatably mated with the movable shaft hole (as seen in Figs. 7, 14, etc.).
CN ‘820 fails to disclose the shaft sealing assembly of claim 1, and the movable sealing assembly is received in the cavity and is disposed at a rear side of the static sealing member, the fixation seat is fixedly disposed relative to the housing.
Voitik discloses a shaft sealing assembly (i.e. the sealing assembly of claim 1, including 10 and 11) of a handheld device (Examiner notes this is interpreted as an intended use limitation in the preamble that is given little patentable weight, as the device of Voitik can be used in such a device (e.g. especially as many devices are considered handheld even though they are relatively large) it anticipates such an intended use), comprising: a center shaft (11); and a movable sealing assembly (10, which is considered a movable sealing assembly in that the seal is a dynamic seal as detailed in col. 1 lines 26-33, etc.), comprising a fixation seat (including 15 and 16) and a movable sealing member (20); wherein, the fixation seat defines a sleeving hole (as seen in Fig. 1 the hole through the middle thereof), an inner circumferential surface of the sleeving hole defines an annular sealing slot (as seen in Fig. 1 at 60), the sealing slot has a front wall surface (17) and a rear wall surface (18) opposite to the front wall surface in an axial direction (as seen in Fig. 1 the left-right direction); the movable sealing member is made of flexible material (rubber as disclosed in col. 1, lines 66-70, etc.), the movable sealing member is received in the sleeving hole (as seen in Fig. 1) and extends into the sealing slot (as seen in Fig. 1), the movable sealing member defines a fixation shaft hole (i.e. the hole through the middle thereof as seen in Fig. 1) which is sealed to and fixedly sleeves the center shaft (as seen in Fig. 1, described in col. 1 lines 26-33, etc.), the movable sealing member is sealed to and rotatably mated to the front wall surface and the rear wall surface (as seen in Fig. 1 at 28 and 27 (respectively)).
It would have been considered obvious to one having ordinary skill in the art, at the time the invention was made, to have added a seal as disclosed in Voitik to the front end waterproof assembly of CN ‘820 (e.g. to the left of the static sealing member and contacting such), such that the combination has the shaft sealing assembly of claim 1, and the movable sealing assembly is received in the cavity and is disposed at a rear side of the static sealing member, the fixation seat is fixedly disposed relative to the housing. Such a modification would provide the expected result of additional low friction sealing to the front end waterproof assembly of CN ‘820.
With regard to claim 17, the combination discloses that the static sealing member has an annular sealing surface that faces rearwardly (e.g. 244 in CN ‘820), the annular sealing surface is formed at an outer periphery of the movable shaft hole (e.g. as seen in Figs. 7, 14, etc. of CN ‘820); a front side (i.e. the axial left-side as seen in Voitik Fig. 1) of the fixation seat seals to and is attached to the annular sealing surface (as detailed in the combination above).
With regard to claim 18, the combination discloses that the fixation seat and the static sealing member are tightly fitted to each other in the axial direction (as would be seen in the combinations of CN ‘820 Fig. 14 in combination with Fig. 1 of Voitik and in view of the above combination, the contact therebetween would provide at least some amount of relatively tight fitting).
With regard to claim 20, the combination (CN ‘820) discloses a host device of a handheld device (as seen in Figs. 1, etc.), comprising a handle (2) and a motor (as disclosed in Examiner provided machine translation (see para. 1-2 of the “Background”, etc.), a center shaft (21) is a portion of a rotor of the motor (as disclosed in Examiner provided machine translation (see para. 1-2 of the “Background”, etc.).
CN ‘820 fails to disclose the shaft sealing assembly of claim 1, and the fixation seat is fixedly disposed relative to the handle.
Voitik discloses a shaft sealing assembly (i.e. the sealing assembly of claim 1, including 10 and 11) of a handheld device (Examiner notes this is interpreted as an intended use limitation in the preamble that is given little patentable weight, as the device of Voitik can be used in such a device (e.g. especially as many devices are considered handheld even though they are relatively large) it anticipates such an intended use), comprising: a center shaft (11); and a movable sealing assembly (10, which is considered a movable sealing assembly in that the seal is a dynamic seal as detailed in col. 1 lines 26-33, etc.), comprising a fixation seat (including 15 and 16) and a movable sealing member (20); wherein, the fixation seat defines a sleeving hole (as seen in Fig. 1 the hole through the middle thereof), an inner circumferential surface of the sleeving hole defines an annular sealing slot (as seen in Fig. 1 at 60), the sealing slot has a front wall surface (17) and a rear wall surface (18) opposite to the front wall surface in an axial direction (as seen in Fig. 1 the left-right direction); the movable sealing member is made of flexible material (rubber as disclosed in col. 1, lines 66-70, etc.), the movable sealing member is received in the sleeving hole (as seen in Fig. 1) and extends into the sealing slot (as seen in Fig. 1), the movable sealing member defines a fixation shaft hole (i.e. the hole through the middle thereof as seen in Fig. 1) which is sealed to and fixedly sleeves the center shaft (as seen in Fig. 1, described in col. 1 lines 26-33, etc.), the movable sealing member is sealed to and rotatably mated to the front wall surface and the rear wall surface (as seen in Fig. 1 at 28 and 27 (respectively)).
It would have been considered obvious to one having ordinary skill in the art, at the time the invention was made, to have added a seal as disclosed in Voitik to the host device of a handheld device of CN ‘820 (e.g. with the fixation seat statically attached to the handle), such that the combination has the shaft sealing assembly of claim 1, and the fixation seat is fixedly disposed relative to the handle. Such a modification would provide the expected result of additional low friction dynamic sealing to the host device of CN ‘820.
With regard to claim 21, the combination (CN ‘820) discloses a host device of a handheld device (as seen in Figs. 1, etc.), comprising a handle (2) and a motor (as disclosed in Examiner provided machine translation (see para. 1-2 of the “Background”, etc.), wherein the host device further comprises a front end waterproof assembly for the handheld device according to claim 16 (as disclosed in the rejection of claim 16 above), the motor is disposed in the cavity of the housing (as disclosed in Examiner provided machine translation (see para. 1-2 of the “Background”, etc.), the center shaft (21) is a portion of a rotor of the motor (as seen in Figs. 3, etc. and as disclosed in Examiner provided machine translation (see para. 1-2 of the “Background”, etc.).
Claim 22 rejected under 35 U.S.C. 103 as being unpatentable over CN 110037820 (hereinafter CN ‘820) in view of Voitik (US 3,511,511) and further in view of CN 211485028 (hereinafter CN ‘028).
With regard to claim 22, the combination fails to disclose an inner wall surface of the movable shaft hole defines a plurality of annular projections that form foldings.
CN ‘028 discloses a similar front end water proof assembly (see Figs. 8-10, etc.) comprising an inner wall surface (i.e. the wall surface defining the hole in 42) of the movable shaft hole (i.e. the hole in 42) defines a plurality of annular projections (as labeled in Examiner annotated Fig. 8 below) that form foldings (as seen in Fig. 8 and in so much as per Applicant’s specification any annular protrusion counts a Is a “folding”).
It would have been considered obvious to one having ordinary skill in the art, at the time the invention was filed, to have modified the device of the prior combination such that an inner wall surface of the movable shaft hole defines a plurality of annular projections that form foldings as taught by CN ‘028. Such a modification would provide the expected and well-known in the sealing art benefit of increased contact pressure on the shaft the projections and thus better sealing.
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Allowable Subject Matter
Claim 23 is allowed.
Claims 15 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments with respect to claim 1-21 have been considered but are moot in view of the new ground(s) of rejection. In so much as they may apply to the current grounds of rejection above, Applicant’s arguments filed 23 January 2026 have bene full considered but are not persuasive.
Specifically Applicant’s only argument directed to the prior grounds of rejection is that Voitik fails to disclose an electric toothbrush, however Examiner notes that Applicant only recited such in the new intended use limitation in the preamble. As detailed above such does not require an electric toothbrush for infringement to occur as Applicant is merely claiming a sealing assembly that can be used with such, such that Voitik anticipates such. Further more Examiner notes that even were Applicant to claim an electric toothbrush an election by original presentation may be necessitated and such would be still be obvious over the above combination.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 NICHOLAS L FOSTER whose telephone number is (571)270-5354. The examiner can normally be reached M-F 9am-5pm.
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/NICHOLAS L FOSTER/Primary Examiner, Art Unit 3675