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 because the shading of the drawings is not consistent with MPEP §608.02(V)(m). Specifically, Figures 1 and 4 have solid black sections. Figure 1 also has improper shading.
The drawings are objected to because the character of the lines, numbers, and letters are not sufficiently dense and dark, uniformly thick and well-defined as required by MPEP §608.02(V)(l). Figures 1-4 have poor line quality. Various elements of Fig. 2 are difficult or impossible to see.
The examiner points out that the USPTO website has guidelines on how to submit drawing images for the best results. See https://www.uspto.gov/patents-application-process/applying-online/efs-web-pdf-guidelines. Specifically, see the section which states:
It is recommended to use images saved in a lossless format (e.g., TIFF, PNG, GIF, BMP). It is strongly recommended that the PDF creation software does not downsample images during the PDF creation process, as this could degrade the quality of the image.
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 Objections
Claim 9 is objected to because of the following informalities:
Claim 9 recites “a Rockwell hardness” which should be --the Rockwell hardness-- since the term was previously recited in claim 8.
Appropriate correction is required.
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 10-11 and 13-16 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.
Claim 10 recites “lubricant is attached to the inner raceway”. The specification does not disclose how the lubricant is attached or even what the lubricant is. For example, is the lubricant a solid lubricant film? A grease film?
Claim 11 recites “an oxidation-resistant material”. The specification is silent as to what materials would be considered “an oxidation-resistant material”.
Claim 13 recites “a rotational speed of the bearing during operation is ≤ 14,000 rpm, and an operating temperature of the bearing is ≤ 250 °C.” Claim 14 recites “the operating temperature of the bearing is less than or equal to 200 °C”. Claim 15 recites “a rotational speed of the bearing during operation is ≤ 5 rpm, and an operating temperature range of the bearing is 140±5 °C.” and Claim 16 recites “the rotational speed of the bearing during operation is ≤ 0.5 rpm.” The specification is silent as to what structure/features allow for these functions. The claim limitations are considered unlimited function claim limitations. See MPEP §2173.05(g). Do all bearings that meet the structural limitations of claim 1 provide these functions? If so, then how does the recitation further limit the claims? If not, Applicant has failed to disclose how the function is provided.
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 1-16 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 “a relative groove curvature Ri” and “a relative groove curvature Re”. It is unclear to what element/feature the curvatures are relative. Applicant should define the variables in the claim. For example, --a relative groove curvature Ri of the inner raceway is defined as an inner raceway radius divided by the diameter of the roller--.
Claim 1 recites “a radial play Gr”. Applicant has not defined how the radial play is calculated. The specification defines the radial play as Gr = de-Di-2xDw. This should be provided in the claim.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended 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.
Braun U.S. 2016/0273584 is the closest prior art reference. Although Braun discloses the relative groove curvatures of the claim, Braun is silent as to the radial play. The specification makes clear that both variables are critical for preventing wear and sticking of the bearing. There would be no motivation to modify any of the prior art references to reach the claimed invention without impermissible hindsight reconstruction.
Conclusion
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.
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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