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:
“wherein the second end portion is offset from the first end portion when the annular boot keeper rests on the annular boot keeper compression surface”.
Applicant should identify with an element number, the first and second end portions of the elastomeric boot 4 in the drawings.
“wherein the primary cavity has a channel to accommodate a retaining ring that presses against a boot keeper to retain the elastomeric boot in position.”
Applicant should identify with an element number, the channel that accommodates retaining ring 9 in the drawings.
“wherein the primary gland body comprises a sealing surface that contacts a stuffing box bore shoulder mating surface”
Applicant should identify with an element number the sealing surface of the primary gland body 2.
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "31" – Fig 2 and "31" – Fig 5 have both been used to designate the claimed O-ring cavity but point to different structure in Figure 2 & Figure 5, thus the drawings are objected to. The examiner notes that Fig. 5 is the correct illustration of the claimed O-ring cavity as it is formed in sealing surface 42 of gland body 2.
The drawings are objected to because:
Figure 2, Figure 3, Figure 4 and Figures 5-6 do not illustrate the different parts in each respective figure with different cross hatching for each part, thus it is unclear where one part ends and an adjacent part begins. In particular in Figures 2-4, 6 and to some extent Figure 5 it is not clear where the L-shaped annular boot keeper 5 ends and the annular boot keeper compression ring 6 begins. Additionally it is noted that Figures 10A and 10B illustrate the L-shaped annular boot keeper 5, & Figures 11A and 11B illustrate the annular boot keeper compression ring 6 which are both shown in Figures 2-6.
Also in Figure 3 the structure of elements 34, 39, 9, 12, and 53 each have the same cross hatching making it unclear where one part ends and an adjacent part begins.
Additionally in Figure 2 the illustrated structure of the claimed: bolt hole, bolt circle, inner chamber, and stuffing box bore should each be identified with an element number.
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.
Additionally, the examiner notes that the inner chamber recited in the claims corresponds to the entire space located inside gland body 2, given the special definition of the word “chamber” set forth at ¶0128 on Page 11 of the SPEC in the instant application and the “inner chamber” is claimed as being part of the structure of the gland body.
Specification
The disclosure is objected to because of the following informalities:
¶0107 currently states: “Fig. 13B and (b) B a side-sectional view of a rotary high-pressure lip seal of the invention in its first preferred embodiment;” should be amended to state: --Fig. 13B [[and (b) B]] is a side-sectional view of a rotary high-pressure lip seal of the invention in its first preferred embodiment;--.
The SPEC uses reference character “26” to designate both exemplary stuffing-box bore shoulder and stuffing-box bore-shoulder mating surface (¶0044, ¶0121, ¶0122).
The SPEC uses reference character “27” to designate: exemplary pump drive shaft, annular sleeve mating surface, and exemplary pump-drive shaft annular, shaft-sleeve mating-surface (¶0045, ¶0121).
The SPEC uses reference character “32” to designate: atmosphere-side alignment bushing, radial interface, and atmosphere-side alignment bushing radial-interface (¶0050, ¶0129).
The SPEC uses reference character “33” to designate: primary gland body, anti-rotational, shoulder-bolt cavity, and primary gland-body, anti-rotational, shoulder-bolt cavity (¶0051, ¶0131).
The SPEC uses reference character “34” to designate: annular boot-keeper, anti-rotational, shoulder-bolt cavity, and annular boot-keeper anti-rotational shoulder bolt (¶0052, ¶0131).
The SPEC uses reference character “36” to designate both primary shaft sleeve and annular receptacle (radial labyrinth cavity) (¶0054, ¶0132, ¶0134).
The SPEC uses reference character “38” to designate: primary shaft-sleeve, compression sealing-surface, and primary shaft-sleeve compression sealing-surface (¶0056, ¶0132).
The SPEC uses reference character “39” to designate: annular boot-keeper, anti-rotational, shoulder bolt cavity, and annular boot-keeper, anti-rotational, shoulder-bolt cavity (¶0057, ¶0131).
The SPEC uses reference character “40” to designate: primary gland body, bore-fitting surface, and primary gland-body, bore-fitting surface (¶0058, ¶0120).
The SPEC uses reference character “41” to designate: primary shaft-sleeve, impellor mating-surface, and primary shaft-sleeve, impellor, mating surface (¶0059, ¶0125).
The SPEC uses reference character “43” to designate: lantern-ring, grease feedthrough ports, and lantern-ring grease feedthrough-ports (¶0061, ¶0133).
The SPEC uses reference character “44” to designate: process-side alignment bushing, internal, mating-surface, and process-side alignment-bushing internal mating-surface (¶0062, ¶0127).
The SPEC uses reference character “46” been used to designate: annular boot-keeper compression-ring, inner mating surface, and annular boot-keeper compression ring inner mating surface (¶0064, ¶0131).
The SPEC uses reference character “48” to designate: annular boot-keeper, compression-surface, and annular boot-keeper compression surface (¶0065, ¶0131).
The SPEC uses reference character “49” to designate: annular boot-keeper, compression-ring, axial O-ring, and annular boot-keeper compression-ring, axial O-ring (¶0066, ¶0131).
The SPEC uses reference character “52” to designate: atmosphere-side alignment-bushing, axial, compression-surface, and atmosphere-side alignment-bushing axial compression-surface (¶0069, ¶0129).
The SPEC uses reference character “53” to designate: waterless-gland assembly, process-side slurry-throat, and waterless-gland assembly process-side slurry throat (¶0070, ¶0134).
The SPEC uses reference character “60” to designate: lantern-ring, radial grease-cavity, and lantern-ring, radial grease-cavity (¶0076, ¶0133).
The SPEC uses reference character “62” to designate: primary shaft-sleeve, pump-shaft clearance-cavity, and primary shaft-sleeve, pump-shaft clearance cavity (¶0078, ¶0121).
The SPEC uses reference character “63” to designate: pump-shaft mating-surface, of the primary shaft-sleeve, and primary shaft-sleeve, pump shaft, mating-surface (¶0079, ¶0121).
The SPEC uses reference character “66” to designate: primary gland-body, counter-bore, and primary gland-body counter-bore (¶0081, ¶0131).
The SPEC uses reference character “67” to designate: annular boot-keeper compression-ring, locating-shoulder, and annular boot-keeper compression-ring locating-shoulder (¶0082, ¶0131).
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 9-16 & 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12085087. Although the claims at issue are not identical, they are not patentably distinct from each other because the elastomeric boot of the conflicting patent inherently has a length and thickness. And there is inherently some relationship between the length and the thickness of the elastomeric boot in USPN 12085087. Since the multiple recited in claim 9 of the instant application, has no quantifying adjectives it follows that the length of the elastomeric boot in USPN 12085087 is inherently SOME multiple of the thickness of the elastomeric boot in USPN 12085087, which corresponds to the relationship between the length and the thickness.
Additionally, the limitations of claims 10-16 & 19-20 correspond to the claims in USPN 12085087 as described in the table below.
18764736
USPN 12085087
Claim 9
Claim 1 as explained above
Claim 10
Claim 1
Claim 11
Claim 2
Claim 12
Claim 3
Claim 13
Claim 4
Claim 14
Claim 5
Claim 15
Claim 6
Claim 16
Claim 7
Claim 19
Claim 8
Claim 20
Claim 9
Appropriate correction is required.
Claim Objections
Claim 15 is objected to because of the following informalities:
Claim 15 Line 3 currently states:
“a hermetic seal between counter-bore and the boot-keeper compression ring.”.
Should be changed to state:
--a hermetic seal between the counter-bore and the boot-keeper compression ring.--.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 9, 11, 13-15, 17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Delaney USPN 6375414 in view of Ginther USPN 2670973, and Walker USPN 5112039.
Regarding Claim 9: Delaney USPN 6375414 discloses the limitations: A gland seal (the glad seal is defined by the sum of its parts and includes shaft seal 9 and element 42) configured to be accommodated within a stuffing box bore of a stuffing box (stuffing box bore = 11, stuffing bx = structure generally indicated by element 2 in Fig 2, as seen in Fig 1 & 2 element 9 and 42 are located within bore 11, Column 6 Line 64-Column 7 Line 21), the gland seal to seal a slurry (Column 6 Line 4-7) on a process side (i.e. side of pumping chamber 5 in Fig 1 & Fig 2) from passing along a rotating shaft (10, Fig 1-2) to an atmosphere side (i.e. side to the left of element 75 in Fig 1), the stuffing box comprising:
a primary gland body 74 having a primary cavity (circular opening within ring 74 that shaft 10 and element 35 pass through) and a flange (75, Fig 1, Column 8 Line 48-53) with at least one bolt hole (there is inherently a hole in flange 75 in order for stud 76 to pass through the flange so nut 77 can secure the stud on the far side of flange 75 as shown in Fig 2; the hole in the flange that stud 76 passes through is the claimed bolt hole);
a primary shaft sleeve (35,48) accommodated within the primary gland body (Fig 2), the primary shaft sleeve having an external surface (external surface = outer surface of element 48 which element 51 contacts in Fig 2) and a cylindrical internal shaft mating surface (= inner surface of sleeve 35 in Fig 2) to accommodate the rotating shaft (as seen in Fig 2);
a labyrinth housing extending from the external surface (i.e. radially extending L-shaped arm generally identified by element 38 in Fig 2) to define a radial labyrinth cavity (= annular recess 50 in Fig 2, Column 7 Line 27-29) that accommodates a first end portion (right end portion of element 51, Fig 2) of a boot (= ring seal 51);
wherein the boot has a length and a thickness and wherein the length is a multiple of the thickness (in Fig 2, the length of 51 appears to be equal to the thickness of 51 in Fig 2, thus the length is a multiple of 1 of the thickness; the examiner notes that every number is a multiple of 1, thus the prior art addresses the claim language as written; additionally or in the alternate there is inherently some relationship between the length and the thickness of the boot of Delaney; since the multiple recited in the claim has no quantifying adjectives it follows that the length of the boot in Delaney is inherently SOME multiple of the thickness of the boot, which corresponds to the relationship between the length and the thickness, thus the prior art addresses the claim language as written). Delaney USPN 6375414 is silent regarding the limitations: the stuffing box having at least one bolt circle, the bolt passing through the at !east one bolt hole and extending into the at least one bolt circle; and the bolt hole aligned with the at least one bolt circle. The prior art of Ginther USPN 2670973 which is directed to a shaft seal (title, abstract) like Delaney USPN 6375414, is noted.
However, Ginther USPN 2670973 does disclose the limitations: the stuffing box 3 having at least one bolt circle (i.e. tapped holes 27 in the outer end of element 3, Column 2 Line 8-14), the bolt 25 passing through the at !east one bolt hole (as seen in Fig 1 element 25 passes through an opening in element 21 to reach threaded holes 27; the opening in element 21 is the claimed bolt hole) and extending into the at least one bolt circle (as seen in Fig 1 element 25 extends into element 27); and the bolt hole aligned with the at least one bolt circle (as seen in Fig 1 the bolt hole in element 21 is aligned with the tapped hole 27 along the axis of element 25).
Hence it would have been obvious, to one of ordinary skill in the art to modify the stuffing box 2 of Delaney USPN 6375414 with the tapped holes 27 of Ginther USPN 2670973 in order to fasten the threaded studs to the stuffing box in a known manner.
Delaney USPN 6375414 is silent regarding the limitations: the boot (ring seal 51) is elastomeric. The prior art of Walker USPN 5112039 which is directed to a seal (title, abstract) like Delaney USPN 6375414, is noted.
However, Walker USPN 5112039 does disclose the limitations: an elastomeric annular seal 11 used with slurry (title).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to replace the unknown material for the boot 51 of Delaney USPN 6375414 with the elastomeric material of elastomeric annular seal 11 of Walker USPN 5112039 in order to use a material for the sealing boot 51 that is known to deform and completely fill the seal face carrier thereby preventing slurry particles from collecting in the seal face carrier (Column 2 Line 15-53).
Regarding Claim 11: Delaney USPN 6375414 discloses the limitations: further comprising an alignment bushing on a process side of the primary gland body (element 39 is equivalent to an alignment bushing as it radially locates element 35 of the sleeve inside element 2; additionally element 39 is located on a right side of gland body 74 which is the same side of element 74 as the process side / pumping chamber 5).
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Annotated Figure 2 of Delaney USPN 6375414 (Attached Figure A)
Regarding Claim 13: Delaney USPN 6375414 discloses the limitations: further comprising an axial adjustment cavity (see Annotated Figure 2 of Delaney USPN 6375414 (Attached Figure A) above) between a process side of the primary gland body (i.e. indicated process side of gland body 74 in Attached Figure A) and the primary shaft sleeve (the shaft sleeve in Attached Figure A corresponds to the claimed primary shaft sleeve; as seen in Attached Figure A the adjustment cavity is spatially located as claimed).
Regarding Claim 14: Delaney USPN 6375414 as modified by Walker USPN 5112039 discloses the limitations: further comprising an annular boot-keeper compression ring (Delaney – 39, element 39 is ring shaped, see Fig 2 and Column 7 Line 2-11, and Column 7 Line 27-45; additionally element 39 retains annular boot keeper 57) that compresses the elastomeric boot against an annular boot keeper (Delaney – element 39 forces sealing surface 52 of element 51 against sealing surface 58 of element 57; thus in the combination of prior art the compression ring 39 would compress the elastic boot against the annular boot keeper 57 as claimed).
Regarding Claim 15: Delaney USPN 6375414 discloses the limitations: wherein the primary cavity comprises a counter-bore (i.e. interface in element 35 which receives seal 49) and the annular boot-keeper compression ring 39 comprises (i.e. radially surrounds) a ring seal 49 that creates a seal between counter-bore and the boot-keeper compression ring (as seen in Fig 2 the ring seal 49 is spatially located so as to be radially between a radially inner surface of the counter-bore and a radial outer portion of compression ring 39).
Additionally Regarding Claim 15: Delaney USPN 6375414 as modified by Ginther USPN 2670973, and Walker USPN 5112039 discloses the claimed limitations except for: “(ring seal creates) a hermetic seal”. It would have been an obvious matter of design choice to --design ring seal 49 to create a hermetic seal--, since no stated problem is solved or unexpected results obtained in having a hermetic seal versus the design taught by Delaney USPN 6375414 as modified by Ginther USPN 2670973, and Walker USPN 5112039. Applicant has not disclosed why it is important/critical that a hermetic seal is created by the ring seal and has not demonstrated that this feature solves any stated problem or is for any particular purpose. Specifically, ¶0131 of the SPEC indicates that the seal prevents the passage of slurry from the process side (e.g. like the ring seal 49 taught by Delaney USPN 6375414). Thus, when ring seal 49 is designed to create a hermetic seal the ring seal 49 in the art of Delaney USPN 6375414 of Delaney USPN 6375414 as modified by Ginther USPN 2670973, and Walker USPN 5112039 will also meet Applicant’s disclosed functional limitation of preventing the passage of slurry from the process side.
Regarding Claim 17: Delaney USPN 6375414 discloses the limitations: A seal (the seal is defined by the sum of its parts) to prevent passage of a slurry (Column 6 Line 4-7) from a process side (i.e. side of pumping chamber 5 in Fig 1 & Fig 2) to an atmosphere side (i.e. side to the left of element 75 in Fig 1) of a rotating shaft (10, Fig 1-2), the seal comprising:
a stuffing box having a stuffing box bore (stuffing box bore = 11, stuffing bx = structure generally indicated by element 2 in Fig 2, as seen in Fig 1 & 2 element 9 and 42 are located within bore 11, Column 6 Line 64-Column 7 Line 21);
a primary gland body 74 having a primary cavity (circular opening within ring 74 that shaft 10 and element 35 pass through) and a flange (75, Fig 1, Column 8 Line 48-53) with at least one bolt hole (there is inherently a hole in flange 75 in order for stud 76 to pass through the flange so nut 77 can secure the stud on the far side of flange 75 as shown in Fig 2; the hole in the flange that stud 76 passes through is the claimed bolt hole);
a primary shaft sleeve (35,48) having a cylindrical internal shaft mating surface (= inner surface of sleeve 35 in Fig 2) to accommodate the rotating shaft (as seen in Fig 2) and an external surface (external surface = outer surface of element 48 which element 51 contacts in Fig 2);
a labyrinth housing extending from the external surface (i.e. radially extending L-shaped arm generally identified by element 38 in Fig 2) to define a radial labyrinth cavity (= annular recess 50 in Fig 2, Column 7 Line 27-29) that accommodates a radially collapsible boot (= ring seal 51; additionally, the claims do not recite any particular structure beside what is claimed and made obvious by the prior art of Delaney USPN 6375414 that would enable the radially collapsible function. Thus, because the structure of Delaney USPN 6375414 makes obvious the claimed structure, it is reasonable to conclude that it will also meet the functional limitation); and
wherein the primary gland body 74 is bored to fit the primary shaft sleeve (35,48) within the primary cavity (as seen in Fig 2). Delaney USPN 6375414 is silent regarding the limitations: the stuffing box having at least one bolt circle, the bolt passing through the at least one bolt hole and extending into the at least one bolt circle; and the bolt hole aligned with the at least one bolt circle. The prior art of Ginther USPN 2670973 which is directed to a shaft seal (title, abstract) like Delaney USPN 6375414, is noted.
However, Ginther USPN 2670973 does disclose the limitations: the stuffing box 3 having at least one bolt circle (i.e. tapped holes 27 in the outer end of element 3, Column 2 Line 8-14), the bolt 25 passing through the at least one bolt hole (as seen in Fig 1 element 25 passes through an opening in element 21 to reach threaded holes 27; the opening in element 21 is the claimed bolt hole) and extending into the at least one bolt circle (as seen in Fig 1 element 25 extends into element 27); and the bolt hole aligned with the at least one bolt circle (as seen in Fig 1 the bolt hole in element 21 is aligned with the tapped hole 27 along the axis of element 25).
Hence it would have been obvious, to one of ordinary skill in the art to modify the stuffing box 2 of Delaney USPN 6375414 with the tapped holes 27 of Ginther USPN 2670973 in order to fasten the threaded studs to the stuffing box in a known manner.
Delaney USPN 6375414 is silent regarding the limitations: the boot (ring seal 51) is elastomeric. The prior art of Walker USPN 5112039 which is directed to a seal (title, abstract) like Delaney USPN 6375414, is noted.
However, Walker USPN 5112039 does disclose the limitations: an elastomeric annular seal 11 used with slurry (title).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to replace the unknown material for the boot 51 of Delaney USPN 6375414 with the elastomeric material of elastomeric annular seal 11 of Walker USPN 5112039 in order to use a material for the sealing boot 51 that is known to deform and completely fill the seal face carrier thereby preventing slurry particles from collecting in the seal face carrier (Column 2 Line 15-53).
Regarding Claim 19: Delaney USPN 6375414 as modified by Walker USPN 5112039 discloses the limitations: further comprising a high-pressure lip seal (Delaney – 57; element 57 is a seal Column 8 Line 9-47, additionally the structure of element 57 in the art of Delaney is the same structure as lip seal 8 in Fig 4 & Fig 3 in the instant application, thus the prior art addresses the high-pressure lip seal language within the same confines as the instant application) that engages the external surface (Delaney – as seen in Fig 2) of the primary shaft sleeve (Delaney – 35,48) and creates a seal (Delaney – element 57 is a seal Column 8 Line 9-47, thus it creates a seal as claimed) between the atmosphere side (Delaney – side to the left of element 75 in Fig 1), and the elastomeric boot (Delaney – as seen in Fig the lip seal 57 of the prior art is spatially located between the atmosphere side and the boot 51 as claimed; thus the combination of prior art locates the seal spatially between the atmospheric side and the elastomeric boot as claimed).
Claim(s) 12 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Delaney USPN 6375414 in view of Ginther USPN 2670973, and Walker USPN 5112039 as applied to claims 9 and 17 above, and further in view of Agrama USPN 4386786.
Regarding Claims 12 & 18: Delaney USPN 6375414 as modified by Ginther USPN 2670973, and Walker USPN 5112039 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 9 & 17. Delaney USPN 6375414 does not disclose the limitations: a pressurized grease feedthrough in the primary gland body that feeds grease into the primary cavity.
However Agrama USPN 4386786 does disclose the limitations: a pressurized grease feedthrough (i.e. grease fitting 89 - Column 2 Line 14-21, Column 2 Line 61-68) in the primary gland body (in element 30, element 30 is equivalent to the claimed primary gland body) that feeds grease into the primary cavity (the primary cavity = the space inside element 30 where grease lip seal 14 is located; grease is supplied through the grease fitting 89 to lubricate the grease seal - Column 2 Line 61-68).
Hence it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the primary gland body 74 and the primary cavity of Delaney USPN 6375414 with the grease fitting 89 and grease lip seal 14 of Agrama USPN 4386786 in order to prevent leakage to the atmosphere of the pumped fluid (Column 2 Line 61-68).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Delaney USPN 6375414 in view of Ginther USPN 2670973, and Walker USPN 5112039 as applied to claim 19 above, and further in view of Vaudolon USPN 5647598.
Regarding Claim 20: Delaney USPN 6375414 as modified by Ginther USPN 2670973, and Walker USPN 5112039 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 19. Delaney USPN 6375414 does not disclose the limitations: wherein at least a portion of the external surface of the primary shaft sleeve is coated with a hard coating.
However Vaudolon USPN 5647598 does disclose the limitations: a portion of the external surface of the primary shaft sleeve (the external surface of the primary shaft sleeve = external surface of protective sleeve 40 in Fig 2; primary shaft = 18, Column 3 Line 1-8; as seen in Fig 2 the entire external surface has coating 66 on it, Column 4 Line 14-25) is coated with a hard coating (hard coating = 66, Column 4 Line 14-25; the coating is made from tungsten carbide which is known to be a hard material as it ranks around 9 on the Mohs scale).
Hence it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the external surface of the primary shaft sleeve (35,48) of Delaney USPN 6375414 with the tungsten carbide coating 66 taught by Vaudolon USPN 5647598 in order to extend the service life of the sleeve (e.g. the primary shaft sleeve) that protects the rotating shaft which extends through the sleeve (Column 1 Line 45-Column 2 Line 28).
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 1-8 are allowed.
Regarding claim 1: The prior art of record either alone or in combination does not teach or suggest the device recited in claim 1 including “an elastomeric boot having a first end portion that fits into the annular receptacle and a second end portion that fits into an annular boot keeper that rests on an annular boot keeper compression surface when the first end portion is fully inserted into the annular receptacle; wherein the second end portion is offset from the first end portion when the annular boot keeper rests on the annular boot keeper compression surface” in combination with all the other limitations of claim 1.
It is the Examiner’s opinion that modification of the available prior art in the claimed manner is neither contemplated nor foreseeable without the benefit of the disclosure of the instant invention. Accordingly, claims 2-8 are allowable based on their dependency on allowable claim 1.
Claims 10 and 16 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 AND a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) is filed.
Regarding claim 10: The prior art of record either alone or in combination does not teach or suggest the device recited in claim 10 including “wherein the primary cavity has a channel to accommodate a retaining ring that presses against a boot keeper to retain the elastomeric boot in position” in combination with all the limitations of claim 9.
It is the Examiner’s opinion that modification of the available prior art in the claimed manner is neither contemplated nor foreseeable without the benefit of the disclosure of the instant invention.
Regarding claim 16: The prior art of record either alone or in combination does not teach or suggest the device recited in claim 16 including “wherein the primary gland body comprises a sealing surface that contacts a stuffing box bore shoulder mating surface, and wherein the sealing surface has an O-ring cavity that accommodates a ring seal that creates a hermetic seal between the sealing surface and the stuffing box bore shoulder mating surface when the gland seal is installed” in combination with all the limitations of claim 9.
It is the Examiner’s opinion that modification of the available prior art in the claimed manner is neither contemplated nor foreseeable without the benefit of the disclosure of the instant invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Taltavall USPN 2802679 – discloses a mechanical seal for a pump moving heavy liquids with suspended solids.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S HERRMANN whose telephone number is (571)270-3291. The examiner can normally be reached 8:00 AM - 5:00 PM EST.
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/CHARLES G FREAY/Primary Examiner, Art Unit 3746
/JOSEPH S. HERRMANN/ Examiner, Art Unit 3746