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 § 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.
Claim(s) 1, 3, 4 and 7-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boskovski (US 20150267816).
Regarding claim 1, Boskovski discloses a rotary shaft seal 1 Fig. 1 comprising: an annular body 2 having an aperture 6 defining a central axis 10 and an inner surface 8; a shaft 100 disposed within the aperture of the annular body; and a sealing element 4 positioned at least partially between the shaft and the annular body, wherein the sealing element is configured to form a seal between the annular body and the shaft, wherein the sealing element has a U-shaped or a V-shaped cross-section comprising at least one lip element, wherein the at least one lip element of the sealing element is fixed by a fixation element 30 adjacent to a first flange 18 at an axial end of the shaft or the annular body along an inner surface of the at least one lip element, and wherein a cavity 22 exists between the at least one lip element and at least one of the shaft or the annular body.
Regarding claim 3, Boskovski discloses a method comprising: providing an annular body 2 having an aperture 6 defining a central axis 10 and an inner surface 8; providing a shaft 100; positioning a sealing element 4 at least partially between the shaft and the annular body, wherein the sealing element is configured to form a seal between the annular body and the shaft, wherein the sealing element has a U-shaped or a V-shaped cross-section comprising at least one lip element; and fixing the at least one lip element of the sealing element by a fixation element 30 adjacent to a first flange 18 at an axial end of the shaft or the annular body along an inner surface of the at least one lip element to at least one of the shaft or the annular body, wherein a cavity 22 exists between the at least one lip element and at least one of the shaft or the annular body.
Regarding claim 4, Boskovski discloses wherein the body 2 defines an aperture 6 coaxial with the central axis 10. Regarding claim 7, Boskovski discloses wherein the rotary shaft seal 1 is adapted to operate at temperatures within a range between about −275° C. and about 350° C., between about −250° C. and about 250° C., between about −100° C. and about 100° C., or between about −40° C. and about 20° C. (Para. 0083)
Regarding claim 8, Boskovski discloses wherein the fixation element 30 is a chemical fixation or a mechanical fixation.
Regarding claim 9, Boskovski discloses wherein the annular body 2 defines an outer member 12 having a first end and a second end, a first flange 14 disposed proximate the first end of the outer member and extending radially inward from the outer member, and a second flange 16 disposed proximate the second end of the outer member and extending radially inward from the outer member.
Regarding claim 10, Boskovski discloses wherein the first flange 14 extends a radial distance D1, as measured from the outer member, wherein the second flange 16 extends a radial distance D2, as measured from the outer member, and wherein D1 is no less than D2. Regarding claim 11, Boskovski discloses wherein the annular body 2 defines an annular cavity within the central axis 10 of the aperture 6 and extending outward from the central axis and into the annular body.
Regarding claim 12, Boskovski discloses wherein the sealing element 1 is disposed at least partially within the annular cavity.
Regarding claim 13, Boskovski discloses wherein the sealing element 1 defines a first axial end and a second axial end, a first flange 24 comprising a lip element and disposed proximate the first axial end of sealing element and extending at least partially radially inward, and a second flange 26 comprising a lip element and disposed proximate the second axial end of the sealing element and extending at least partially radially inward.
Regarding claim 14, Boskovski discloses wherein the first flange 24 extends a length, L1, as measured from the second axial end, wherein the second flange 26 extends a length, L2, as measured from the second axial end, and wherein L1 is no less than L2. Regarding claim 15, Boskovski discloses wherein the first flange 24 forms a relative angle, A1, with the outer member as measured in the undeformed state, and wherein A1 is greater than about 90 degrees, greater than about 100 degrees, greater than about 110 degrees, greater than about 120 degrees, greater than about 130 degrees, or greater than about 140 degrees.
Regarding claim 16, Boskovski discloses wherein the second flange 26 forms a relative angle, A2, with the outer member as measured in the undeformed state, and wherein A2 is at least about 90 degrees, at least about 100 degrees, at least about 110 degrees, at least about 120 degrees, at least about 130 degrees, or at least about 140 degrees.
Regarding claim 17, Boskovski discloses wherein the sealing element 1 comprises a generally V-shaped cross-section when viewed in a direction perpendicular to a plane extending radially from the central axis 10.
Regarding claim 18, Boskovski discloses wherein the sealing element 1 Fig. 2 comprises a first flange 24 and a second flange 26 having a relative angle, A3, as measured therebetween in the undeformed state, and wherein A3 is no less than about 20 degrees, no less than about 30 degrees, no less than about 40 degrees, no less than about 50 degrees, no less than about 60 degrees, no less than about 70 degrees, no less than about 80 degrees, or no less than about 90 degrees. Regarding claim 19, Boskovski discloses wherein the sealing element 1 Fig. 2 has a generally U-shaped cross-section when viewed in a direction perpendicular to a plane extending radially from the central axis 10.
Regarding claim 20, Boskovski discloses wherein the mechanical fixation 30 Fig. 6A comprises a biasing element biasing at least a portion of the sealing element 1 in a radial direction to fix the sealing element to the annular body 2, and wherein a length of the mechanical fixation is less than half of a length of a first flange L1 of the sealing element or a length of a second flange L2 of the sealing element.
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) 2, 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boskovski.
Regarding claims 2 and 5, Boskovski discloses the invention as claimed above but fails to explicitly disclose wherein a first lip element of the plurality of lips has an inner surface area, B1, on an interior side of the first lip, wherein a second lip of the plurality of lips has an inner surface area, B2, on an interior side of the second lip, and wherein B2/B1 is less than 0.95. Nevertheless, 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 surface area of the first and second lips to any number of ratios (i.e. less than 0.95 or 0.5-0.95) disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 6, Boskovski discloses the invention as claimed above but fails to explicitly disclose the shaft having a diameter of no greater than 120 mm, no greater than 100 mm, no greater than 75 mm, no greater than about 50 mm, no greater than about 15 mm, no greater than about 10 mm, no greater than about 9 mm, no greater than about 8 mm, no greater than about 7 mm, no greater than about 6 mm, or no greater than about 5 mm. Nevertheless, 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 shaft diameter to any number of ranges (i.e. no greater than 120 mm) disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant's arguments filed 3/10/26 have been fully considered but they are not persuasive. Applicant argues that Borkovski reference does not teach, disclose or suggest a rotary shaft seal wherein the at least one lip element of the sealing element is fixed by a fixation element adjacent to a first flange at an axial end of the shaft or the annular body along an inner surface of the at least one lip element. The Examiner respectfully disagrees. The Borkovski reference does in fact teach at least a mechanical fixation element 30 Fig. 1 which is provided to fix the sealing element against a rotating shaft. (Also see paragraph 0021).
Applicant further argues that the Boskovski reference does not recite every limitation of claim 2 and would not be rendered obvious by the cited
reference or over routine optimization of the workable ranges.
This is not persuasive since, although the Boskovski reference does not explicitly teach further limitation of “the surface area ratio being less than 0.95”. It would however have been an obvious design choice or engineering expedient for one of ordinary skill in the art to provide it with a surface area ratio being less than 0.95 in order to scale and otherwise optimize the disclosed structure to achieve its intended use in a particular environment of intended use benefitting from same wherein scaling seals to intended use is well known in the art and would not otherwise affect function of the invention.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at 5712727376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EUGENE G BYRD/Primary Examiner, Art Unit 3675
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