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 because the lines and numbers are not black and well defined as required by 37 CFR 1.84(l), specifically the lines and numbers are grey and pixelated.
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.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 0013 “perforatedholes” should be - -perforated-holes- -.
Paragraph 0074 “perforated-hole730” should be - -perforated-hole 730- -.
Appropriate correction is required.
Claim Objections
Claims 1, 7, 10 and 11 are objected to because of the following informalities:
Claim 1, lines 10, “wherein a flange” should be - -wherein the flange- - since the flange is first set forth in line 8.
Claim 7, line 3, “structure has a” should read - -structure with a- -.
Claims 10 and 11, line 2, “thereof” should be - -of the needle- -.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 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.
Regarding claim 1, it is unclear how the elastic seal portion is “configured to close” the hole while also simultaneously allowing the bearing space to be in communication with the outside via the perforated hole. How can the seal portion do both functions of closing and allowing for communication at the same time? If a hole is always open it always allows for communication, if it is closed then it can’t communicate, the claim is claiming that both are possible without reciting how this is possible and thus the claim is unclear. Is the hole also elastic and pressure responsive between a closed and open condition or is the hole always open and thus the assembly is never actually closed? In other words if an insert is in a larger hole but the insert also has a hole it does not close the opening, it only restricts the size of the opening, is this what is occurring in Applicant’s case or does the hole deform between an open and closed position like what is common in the prior art?
Regarding claim 7, it is unclear how when a needle is inserted the assembly would have a through hole that is closed since the needle will provide a constantly opened path. When a needle is used the system can never be closed regardless of how many parts are inserted into the hole of the frame since there is always an opening. It is believed that the confusion might be the result of mixing embodiments, one that is just elastic and can deform based on pressure vs one that is designed to be always open. If electing to take the allowable subject matter below claim 1 would need to be amended to remove there reference to the hole being “closed”.
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.
Claim(s) 1-6 and 13-15, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Popa, USP 3,572,379.
Regarding claim 1, Popa discloses a sealing member (see figure 4) of a bearing device (see figures 1 and 8) configured to rotatably support a rotary element (11) relative to a non-rotary element (68) in a rotating device via rolling elements (66), the sealing member comprising: a frame (22) mounted on one of the rotary element and the non-rotary element (attached to 68); and an elastic sealing portion (45) attached to the frame (22), wherein the frame (22) comprises a press-fitting portion (at 25 shown in figure 1) extending in an axial direction and a flange portion (27) extending in a radial direction from the press-fitting portion (22 is a bent part with multiple inward extending flanges and axial portions, flange 27 extends radially inward relative all of the rest of the frame), wherein a [the] flange portion (27) of the frame (22) comprises a through-hole (52), wherein the elastic sealing portion (45) is configured to close the through-hole (via 51 and 54), and wherein at least one perforated-hole (formed by slits 55) is formed in the elastic sealing portion (45) configured to close the through-hole (52), and a bearing space in which the rolling elements are located is in communication with an outside via the at least one perforated-hole (when the slits/flaps open, see column 6, lines 14-20 which discloses that when forming the slits the opening cannot be so large that the edges remain apart after forming, by allowing the formed edges to touch forms the sealed condition that is only overridden when pressure or lubricant is exiting the bearing space, it is believed that this is the same that is occurring in the instant application that allows for the closed and open states claimed).
Regarding claim 2, Popa discloses that the elastic sealing portion (45) is inserted into the through-hole (52) to form a filling portion (51/54 form a filling portion similar to Applicant’s fill portion).
Regarding claim 3, Popa discloses that the at least one perforated-hole (55) is formed in the filling portion (51/54).
Regarding claim 4, Popa discloses that the at least one perforated-hole (55) comprises a plurality of perforated-holes (each hole has multiple slits 55 each slit can be considered a hole like in figure 6 of the instant application).
Regarding claim 5, Popa discloses that the plurality of perforated-holes (each slit segment 55) are formed to extend in different directions (they are arranged to from a cross shape, each arm extending from the center in a different direction).
Regarding claim 6, Popa discloses that the at least one perforated-hole (5) is formed to have a diameter of 1 mm or less (Popa discloses that the blade used to make the hole is 0.02-0.05 inches in thickness, thus the opening in the slit is within this range and on the low end this range includes 0.508mm, because of this the center of the slits which would form a cylindrical hole has a space within this same range).
Regarding claim 13, Popa discloses a bearing device (figures 1 and 8) comprising the sealing member of Claim 1.
Regarding claim 14, Popa discloses that the bearing device is a vehicular wheel bearing configured to rotatably support a vehicular wheel relative to a vehicle body (the bearing is part of a railcar axle, this is a form of a vehicle and the bearing supports the axle in which the wheel is attached to thus supporting the wheel relative to the vehicle body, see at least the abstract and columns 1 and 2 of the disclosure).
Regarding claim 15, Popa discloses that the sealing member is a sealing member provided on an inboard-side of the vehicular wheel bearing (the seal is duplicated on each side of the assembly and thus one seal is on the inboard side and one is on the outboard side).
Allowable Subject Matter
Claim 7 and all claims depending therefrom would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not teach nor render obvious the claimed combination where a needle is further inserted into the perforated hole that is within the filling portion of the elastic sealing portion, the fill portion being further positioned with a hole of the frame. In other words the claim combination requires the frame to have a hole, that elastic member has a fitting portion within the hole of the frame and then the needle is inserted into this fitting portion thus placing the needle within the hole of the frame as well, this is not disclosed or taught by the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 108999977 discloses a similar sealing device with and open and close perforation as that shown in Popa.
DE 102016207227 also discloses a similar seal used in a vehicle bearing assembly.
RU 2053420 discloses a similar seal with multiple, separate and distinct perforations.
USP 6,202,766 discloses a seal with a small needle punction at 52.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES PILKINGTON whose telephone number is (571)272-5052. The examiner can normally be reached Monday through Friday 7-3.
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/JAMES PILKINGTON/Primary Examiner, Art Unit 3617