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 each of the first recess closed ends lies on a respective first cylindrical surface and each of the second recess closed ends lies on a respective second cylindrical surface” of claim 1 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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-2, 5 and 9-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitation “wherein each of the first recess closed ends lies on a respective first cylindrical surface and each of the second recess closed ends lies on a respective second cylindrical surface” is not found in the specification as originally filed. The specification is silent as to a first and second cylindrical surface. The drawings do not show the first recess closed ends lying on a first cylindrical surface nor do they show the second recess closed ends lying on a second cylindrical surface. Still further, the drawings are not said to be to scale so the exact positions and locations of features of the drawings cannot be assumed. Thus, the limitations constitute new matter.
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 1-2, 5 and 9-10 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 recites “wherein each of the first recess closed ends lies on a respective first cylindrical surface and each of the second recess closed ends lies on a respective second cylindrical surface”. It is unclear what structure is required by the limitation. For example, must the entirety of the closed end be in the form of a cylinder or must only a portion (such as a single point) of the surface of the closed end be in contact/tangent with the cylinder? Since the drawings only show a single curved shaped of the closed end, it is unclear how this curve shaped can “lie on a respective cylindrical surface”. At best the curved end can only contact the cylinder at a single point. Still further, it is unclear if the “cylindrical surface” is an actual physical surface or an imaginary/theoretical surface.
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 1-2, 5 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee KR 101620784.
Re clm 1, Lee discloses a bearing cage (Fig. 1-4) comprising: a first ring element (120, Fig. 3-4) having a first diameter, a second ring element (110) having a second diameter, and a plurality of bridges (140) connecting the first ring element to the second ring element such that the first ring element and the second ring element and the plurality of bridges form a plurality of pockets (130) configured to receive at least one rolling body, wherein an outer edge region of the first ring element and/or an inner edge region of the first ring element includes at least one recess (122 and 123) configured to increase a radially flexibility of the first ring element, wherein the at least one recess comprises a first plurality of recesses (123s) extending radially inward into the first ring element from a radially outer side of the first ring element to a first recess closed end (radial bottom of 123s) and a second plurality of recesses (122s) extending radially outward into the first ring element from a radially inner side of the first ring element to a second recess closed end (radial top of 122s), wherein each of the first plurality of recesses extends axially through the first ring element and each of the second plurality of recesses extends axially through the first ring element, wherein each of the first recess closed ends lies on a respective first cylindrical surface (123s are shown identical in Fig. 3 and 4; 120 is shown as a circle, therefore at least a portion of the closed end of each 123 must lie on a common cylinder) and each of the second recess closed ends lies on a respective second cylindrical surface (123s are shown as identical in Fig. 3 and 4; 120 is shown as a circle, therefore at least a portion of the closed end of each 123 must lie on a common cylinder), and wherein a first axial end of a respective one of each of the first plurality of recesses and a first axial end of a respective one of each of the second plurality of recesses opens into each of the plurality of pockets (as shown by Fig. 3 and 4).
Re clm 2, Lee further discloses the first diameter is less than the second diameter (Fig. 3).
Re clm 5, Lee further discloses the first ring has a radial thickness, and wherein a radial depth of each of the first plurality of recesses is greater than one half of the radial thickness (as shown in Fig. 4), and a radial depth of each of the second plurality of recesses is greater than one half the radial thickness (as shown in Fig. 4).
Re clm 8, Lee discloses a bearing cage (Fig. 1-4) comprising: a first ring element (120, Fig. 3-4) having a first diameter, a second ring element (110) having a second diameter, and a plurality of bridges (140) connecting the first ring element to the second ring element such that the first ring element and the second ring element and the plurality of bridges form a plurality of pockets (130) configured to receive at least one rolling body, wherein an outer edge region of the first ring element and/or an inner edge region of the first ring element includes at least one recess (122 and 123) configured to increase a radially flexibility of the first ring element, the first diameter is less than the second diameter (Fig. 3), at least one recess comprises at least one first recess (122) and at least one second recess (123), wherein the at least one first recess is located in the inner edge region, and wherein the at least one second recess is located in the outer edge region, the outer edge region is a radially outer edge region and the inner edge region is a radially inner edge region, and wherein the at least one recess extends axially through the first ring element (Fig. 4), the at least one recess is U-shaped (Fig. 4).
Re clm 9, Lee further discloses at least one notch (one of 123 can be considered a notch) extending axially through the first ring element (shown in Fig. 3 and 4).
Claims 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tao CN 111022504.
Re clm 15, Tao discloses a bearing cage (Fig. 1-2) comprising: a first ring element (left side of Fig. 1) having a first diameter and a radial thickness and a radially outer surface and an axially outer surface, a second ring element (right side of Fig. 1) having a second diameter and a radially outer surface, a plurality of bridges (at 12) connecting the first ring element to the second ring element such that the first ring element and the second ring element and the plurality of bridges form a plurality of pockets configured to receive at least one rolling body, each of the plurality of bridges having a radially outer surface, a plurality of notches (13) each extending axially from the axially outer surface of the first ring element across the radially outer surface of the first ring element and into a radially outer surface of a respective one of the plurality of bridges, wherein a maximum depth of each of the plurality of notches is less than the radial thickness of the first ring element (shown in Fig. 1 and 2).
Re clm 16, Tao further discloses each of the plurality of notches has a V-shaped cross-section (truncated V shape).
Re clm 17 and 18, Tao further discloses each of the plurality of notches tapers in a direction from the axially outer surface of the first ring toward the second ring (notch 13 tapers in at least radial direction; Fig. 1-2, 5-6 and 9-10).
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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lee KR 101620784 as applied to claim 2 above, further in view of Tao CN 111022504.
Lee discloses all the claimed subject matter as described above.
Assuming the recess must be of a different design than the notch:
Re clm 9¸ Lee ’784 does not disclose at least one notch extending axially along the first ring element, a maximum radial depth of the at least one notch being less than a radial thickness of the first ring element.
Tao teaches at least one notch (13, Fig. 1-2) extending axially along the first ring element, a maximum radial depth of the at least one notch being less than a radial thickness of the first ring element (shown in Fig. 1) for the purpose of reducing the amount of plastic used as well as to make the wall thickness of the beam more uniform and more stably shrink.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lee ‘784 and provide at least one notch extending axially along the first ring element, a maximum radial depth of the at least one notch being less than a radial thickness of the first ring element for the purpose of reducing the amount of plastic used as well as to make the wall thickness of the beam more uniform and more stably shrink.
Re clm 10, the improvement of Tao further discloses the at leas tone notch extends into one of the plurality of bridges (shown in Fig. 1 and 2).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tao CN 111022504 as applied to claim 15 above, further in view of Herrmann U.S. 1,963,407.
Tao discloses all the claimed subject matter as described above.
Assuming the cross section of Tao is not V-shaped:
Re clm 16, although Tao discloses a plurality of shapes for the notches, Tao does not explicitly state that the plurality of notches has a V-shaped cross-section.
Herrmann teaches a cage with a notch having a V-shaped cross-section (Fig. 3-5, 7 and 9).
It would have been obvious to one of ordinary skill in the art to modify Tao and provide the notches with any well-known notch cross-section shape such as V-shaped cross-section, since it has been held that shape of a device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shape of the claimed device was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See MPEP §2144.04(IV)(B).
Re clm 17, Tao further discloses each of the plurality of notches tapers in a direction from the axially outer surface of the first ring toward the second ring (notch 13 tapers in at least radial direction; Fig. 1-2, 5-6 and 9-10).
Response to Arguments
Applicant's arguments filed 13 January 2026 have been fully considered but they are not persuasive.
Drawing Objections
The previous drawing objections have been overcome by the submission of the drawings on 13 January 2026. New drawing objections have been raised based on the newly amended claim language. See Drawing Objection above.
102 Rejection
Regarding claim 1, Applicant argues that Lee ‘784 does not disclose the closed ends of the recesses 122 and 123 do not lie on cylindrical surfaces as required by the newly amended claim language. This is incorrect for a few reasons. Firstly, the claim language is indefinite. Based on the broadest reasonable interpretation of the claim language, the claim is met if a portion (such as a single point) of the surface of the closed end tangentially overlaps a portion of an cylindrical surface. Secondly, the examiner notes that Applicant’s own drawings do not disclose this feature. The drawings only show recesses with arcuate/rounded ends; still further the drawings do not show if the closed end bottoms have the same radial dimensions from the first axial side to the second axial side. There is no way for these arcuate/rounded ends to form a cylindrical surface. At best, Applicant’s recesses can only contact an imaginary cylinder at a single point viewed in cross-section which is the bottom of the arcuate recess closed end. It is not clear based on the drawings that Applicant’s best case scenario is even disclosed.
Regarding claim 8, Applicant has put claim 8 into independent form. Applicant’s argument is that the shape of the recess of Lee ‘784 is not “U-shaped”. Applicant has not explained how Lee fails to disclose the feature and why the shape of Lee ‘784 cannot be considered “U-shaped”. The examiner notes that Merriam-Webster’s dictionary defines “U-shaped” as “having the shape of a capital U”. The examiner has provided various examples of a “capital U” below which closely match the shape of Lee ‘784:
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364
751
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535
462
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608
491
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Based on the definition of “U-shaped” and at least example 1, it is unclear how the reference fails to disclose a “U-shape”. See also Tao CN 111022504 which discloses a “U-shaped” notch. As illustrated by Tao, the term “U-shaped” is extremely broad.
Claims 15-18 are rejected by the Tao reference above.
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 ALAN B WAITS whose telephone number is (571)270-3664. The examiner can normally be reached Monday-Thursday from 6-4 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John R Olszewski can be reached at 571-272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAN B WAITS/Primary Examiner, Art Unit 3617
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