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. 6A 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 a partial length of 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 a partial length of 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. (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.
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.
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. 6A 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. 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 with respect to claim(s) 1-20 have been considered but are moot because the new ground(s) of rejection.
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 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
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