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 .
The amendment filed 1/20/26 has been entered.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1-10, 12-17, and 20-22 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. Amended claim 1 recites “such that particles of the electrically conductive additive material are interspersed in portions of the electrically non-conductive matrix material”. The current disclosure does not have support for this limitation.
Claims 2-10, 12-17, and 20-22 are rejected for depending on a rejected claim.
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, 2, 6, 7, 15, 17, 19, 20, and 22 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Stohr et al. (US Pub. No. 2021/0003220).
Regarding claim 1, the Stohr et al (hereinafter Stohr) reference discloses a sealing element (04) for sealing a first component (02) and a second component (03) that operate by relative motion to each other, the sealing element comprising:
an electrically non-conductive matrix material (Abstract); and
an electrically conductive additive material incorporated and dispersed into the electrically non-conductive matrix material (Para. [0022]);
wherein the electrically conductive additive material is incorporated and dispersed into the electrically non-conductive matrix material, cush that particles of the electrically conductive additive material are interspersed in portions of the electrically non-conductive matrix material (Para. [0022]) in an amount that renders the sealing element sufficiently conductive to shunt an electrical current between the first component and the second component (Para. [0022]).
Regarding claim 2, the Stohr reference discloses the electrically conductive additive material is incorporated and dispersed into the electrically non-conductive matrix material as at least one of particulates, fibers, or powder (Para. [0022]).
Regarding claim 6, the Stohr reference discloses the electrically conductive additive material includes carbon particulates or carbon fibers (Para. [0022]).
Regarding claim 7, the Stohr reference discloses the electrically conductive additive material includes a metallic filler formed as a powder or fibers of a metallic material (Para. [0022]).
Regarding claim 15, the Stohr reference discloses an assembly comprising:
a first component (02) and a second component (03), wherein the first component and the second component operate by relative motion to each other;
a drive system (e.g. system forcing rotation) that drives the relative motion of the first component and the second component;
at least one bearing structure (Claim 8) that supports the relative motion of the first component and the second component; and
a sealing assembly that includes the sealing element according to claim 1, wherein the sealing element is positioned and is sufficiently conductive to shunt an electrical current between the first component and the second component such that the electrical current flows externally from or around the at least one bearing structure (Fig. 1).
Regarding claim 17, the Stohr reference discloses the first component is a stationary component and the second component is a movable component that moves relative to the stationary component, or the first component and the second component both are movable components that move relative to each other (e.g. Fig. 1).
Regarding claim 19, the Stohr reference discloses an electric motor system (e.g. Para [0003]) that includes an electric motor and the drive system, and the drive system is driven by the electric motor to drive the relative motion of the first component and the second component.
Regarding claim 20, the Stohr reference discloses a motor assembly (Para. [0003]) comprising:
a stator (e.g. stator connected to 02);
a rotor (e.g. rotor connected to 03) that rotates relative to the stator;
an electric motor system (e.g. Para. [0003]) that includes an electric motor and a drive system that is driven by the electric motor and that drives the rotation of the rotor relative to the stator;
at least one motor bearing (Claim 8) that supports the rotation of the rotor relative to the stator; and
a sealing assembly that includes the sealing element according to claim 1,wherein the sealing element is positioned and is sufficiently conductive to shunt an eddy current between the rotor and the stator such that the eddy current flows externally from or around the motor bearing (Fig. 1).
Regarding claim 22, the Stohr reference discloses the electrically conductive additive material is incorporated and homogenously dispersed into the electrically non-conductive matrix material (Para. [0022]).
Claim Rejections - 35 USC § 103
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stohr.
Regarding claim 3, the Stohr reference discloses the invention substantially as claimed in claim 1.
However, the Stohr reference fails to explicitly disclose a percent composition of the electrically conductive additive material relative to an entire material composition of the sealing element is 10-65%.
It would have been obvious to one of ordinary skill in the art at the time of filing to use the claimed rage of additive material, 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 and in order to allow for optimal conductivity while still allowing for a proper seal. In re Aller, 105 USPQ 233.
Claim(s) 4, 5, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stohr in view of Hoff (US Pub. No. 2014/0319773).
Regarding claims 4 and 5, the Stohr reference discloses the invention substantially as claimed in claim 1.
However, the Stohr reference fails to explicitly disclose the electrically non-conductive matrix material includes Polytetrafluoroethylene (PTFE) or an elastomeric material, a thermoplastics material, or a polyurethane material.
The Hoff reference, an electrically conductive seal, discloses different materials used of the seal, including PTFE or elastomer (Para. [0028]).
It would have been obvious to one of ordinary skill in the art at the time of filing to use PTFE or elastomer in the Stohr reference in view of the teachings of the Hoff reference in order to provide optimal sealing and to provide chemical resistance.
Regarding claim 8, the modified Stohr reference discloses the invention substantially as claimed in claim 7.
However, the modified Stohr reference fails to explicitly disclose the metallic material includes one or more of bronze, stainless steel, copper, silver, or gold.
The Hoff reference discloses the use of copper or steel (Para. [0030]).
It would have been obvious to one of ordinary skill in the art at the time of filing to use copper or steel for the metallic material in the modified Stohr reference in order to provide optimal conductivity while still providing optimal sealing.
Claim(s) 9, 10, 12, 13, 14, 16, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stohr in view of Fedorovich (US Patent No. 6,024,362).
Regarding claim 9, the Stohr reference discloses the invention substantially as claimed in claim 1.
However, the Stohr reference fails to explicitly disclose an energizing member embedded within a portion of the sealing element that aids in energizing the sealing element.
The Fedorovich reference, a seal, discloses the addition of an energizing element (Claim 3).
It would have been obvious to one of ordinary skill in the art at the time of filing to provide an energizing element to the Stohr reference in view of the teachings of the Fedorovich reference in order to provide more constant loading (Fedorovich, Col. 5, Lines 34-37).
Regarding claim 10, the Stohr reference, as modified in claim 9, discloses the energizing member is a spring, and the spring is one of a cantilever spring, a coil spring, a canted coil spring, a helical spring, a garter spring, or an elastomeric spring (Fedorovich, Figs. 5,6).
Regarding claim 12, the Stohr reference discloses the invention substantially as claimed in claim 1.
However, the Stohr reference fails to explicitly disclose an energizing member that aids in energizing the sealing element.
The Fedorovich reference, a seal, discloses the addition of an energizing element (Claim 3).
It would have been obvious to one of ordinary skill in the art at the time of filing to provide an energizing element to the Stohr reference in view of the teachings of the Fedorovich reference in order to provide more constant loading (Fedorovich, Col. 5, Lines 34-37).
Regarding claim 13, the Stohr reference, as modified in claim 9, discloses a retention band (09) embedded within a second portion of the sealing element that aids in retaining the sealing element.
However, the modified Stohr reference fails to explicitly disclose a pair of retention bands.
It would have been obvious to one of ordinary skill in the art at the time of filing to provide a second band, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art and in order to ensure optimal sealing pressure. St. Regis Paper Col. V. Bemis Co., 193 USPQ 8.
Regarding claim 14, the Stohr reference discloses a sealing assembly comprising: a sealing element according to claim 1;
an outer case (02) positioned at least in part on a radially outward portion of the sealing element;
an inner washer (08) positioned at least in part on a radially inward portion of the sealing element; and
a gasket (09) located between the sealing element and the inner washer.
However, the Stohr reference fails to explicitly disclose an energizing member embedded within a first portion of the sealing element that aids in energizing the sealing element.
The Fedorovich reference, a seal, discloses the addition of an energizing element (Claim 3).
It would have been obvious to one of ordinary skill in the art at the time of filing to provide an energizing element to the Stohr reference in view of the teachings of the Fedorovich reference in order to provide more constant loading (Fedorovich, Col. 5, Lines 34-37).
Regarding claim 16, the Stohr reference, as modified in claim 9, discloses an assembly comprising:
a first component (02) and a second component (03), wherein the first component and the second component operate by relative motion to each other;
a drive system (e.g. system forcing rotation) that drives the relative motion of the first component and the second component;
at least one bearing structure (Claim 8) that supports the relative motion of the first component and the second component; and
a sealing assembly that includes the sealing element according to claim 1, wherein the sealing element is positioned and is sufficiently conductive to shunt an electrical current between the first component and the second component such that the electrical current flows externally from or around the at least one bearing structure (Fig. 1).
Regarding claim 20, the Stohr reference, as modified in claim 9, discloses a motor assembly (Para. [0003]) comprising:
a stator (e.g. stator connected to 02);
a rotor (e.g. rotor connected to 03) that rotates relative to the stator;
an electric motor system (e.g. Para. [0003]) that includes an electric motor and a drive system that is driven by the electric motor and that drives the rotation of the rotor relative to the stator;
at least one motor bearing (Claim 8) that supports the rotation of the rotor relative to the stator; and
a sealing assembly that includes the sealing element according to claim 1,wherein the sealing element is positioned and is sufficiently conductive to shunt an eddy current between the rotor and the stator such that the eddy current flows externally from or around the motor bearing (Fig. 1).
Response to Arguments
Applicant's arguments filed 1/20/26 have been fully considered but they are not persuasive.
With regards to the applicant’s argument of the amendment to claim 1, the argument is not persuasive because Para. [0022] of the Stohr reference discloses vulcanization, which means that the materials would be interspersed with each other.
Conclusion
THIS ACTION IS MADE FINAL. 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 GILBERT Y LEE whose telephone number is (571)272-5894. The examiner can normally be reached Monday-Friday 8am-430pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571)272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GILBERT Y LEE/Primary Examiner, Art Unit 3675
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