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 § 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(s) 1-3 and 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dimitry (US 3726178) in view of Baxi et al. (US 8186691).
Regarding claim 1, Dimitry discloses an attachment structure of a seal washer 10 Fig. 1 to be provided in a space between a fastening portion of a fixture 33 and a member 36 to be fastened, the fixture fixing the member to be fastened to an attachment member 36, the member to be fastened having an insertion hole 35 through which a shaft portion 34 of the fixture is inserted, the attachment structure sealing the space between the fastening portion 33 and the member to be fastened the seal washer 10 comprising an annular core member 11 and an inner seal portion 12 made of an elastic material and fixed to an end portion of the core member 11 on an inner peripheral side 20, and the core member comprising a core member body 11, wherein the inner seal portion 12 comprises an inner seal body to be fixed to an end portion of the core member on an inner peripheral side, and a convex portion 25 on a fixture side protruding from the inner seal body toward a fastening portion side further than a surface on the fastening portion side of the core member body, and wherein an entire of the convex portion on the fixture side is provided on an inner diameter side further than the end portion on the inner peripheral side of the core member body, and an outer diameter of the fastening portion is larger than the inner diameter of the core member wherein the shaft portion of the fixture to be inserted into the insertion hole and an inner peripheral surface of the insertion hole having a larger diameter than the inner diameter of the core member define an annular space, the convex portion elastically contacts the fastening portion to make elastic deformation accompanied with fastening of the fixture, and a part of the inner seal and portion enters the annular space capable of not contacting the inner peripheral surface of the insertion hole. However, Dimitry fails to explicitly disclose an outer seal portion made of an elastic material and fixed to an end portion of the core member on an outer peripheral side and wherein a diameter of the insertion hole 35 is larger than an inner diameter of the core member 11. Baxi et al., an attachment structure of a seal washer 20 Fig. 3, discloses the use of an outer seal portion 26 made of an elastic material and fixed to an end portion of a core member 22 on an outer peripheral side and a seal base 30 extending to an outer peripheral side from the core member body wherein the outer seal portion 58, 60 is provided on one of two surfaces of the seal base in thickness direction so as to protrude further than a surface of the core member body, the one surface facing the member to be fastened, and an inner diameter of the outer seal portion is larger than a diameter of the insertion hole 88. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Dimitry with an outer seal portion as taught by Baxi et al. in order to provide additional sealing against leakage past or through a primary sealing element.
Dimitry also fails to explicitly disclose the size of the insertion hole 35 of the member to be fastened. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)
Regarding claim 2, the combination discloses a fitting piece 27 protruding inward from an end face of the inner seal portion 12 on an inner peripheral side, wherein the fitting piece is thinner than the inner seal body 24 and a tip end of the fitting piece is fitted to a peripheral surface of the shaft portion 34 at least when the inner seal portion is not elastically deformed. Regarding claim 3, the combination discloses wherein the fitting piece 27 is intermittently formed (Fig. 5 of Baxi et al.) along a peripheral direction.
Regarding claims 4-6, the combination discloses wherein the shaft portion 34 comprises a screw groove and a tip end of the fitting piece 27 is fitted to the screw groove.
Regarding claims 13-18, the combination discloses seal washer 10 to be provided in a space between a fastening portion of a fixture 33 and a member 36 to be fastened, wherein the seal washer is used for the attachment structure.
Response to Arguments
Applicant's arguments filed 2/6/26 have been fully considered but they are not persuasive. Applicant argues that the Dimitri reference insertion hole is not larger than the inner diameter of the core member. This is not persuasive, since as discussed above, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Moreover, [A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUGENE G BYRD whose telephone number is (571)270-1824. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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/EUGENE G BYRD/Primary Examiner, Art Unit 3675