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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement submitted on 11/12/2024 has been considered by the examiner.
Claim Objections
Claim 12 is objected to because of the following informalities:
Claim 12, line 4 and 6, “prominence extension (G)” should read –protuberance extension (G)—to remedy a typographical error and to be consistent with the specification and the rest of the claim language.
Claim 13, last line, “prominence extension (G)” should read –protuberance extension (G)—to remedy a typographical error and to be consistent with the specification and the rest of the claim language.
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 17-20 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 19 recites “a primary gasket (1) according to any one of the preceding claims”, however, claim 19 does not depend from another claim. It is unclear whether what specification limitations this requires. This recitation may be intended to make claim 19 a multiple dependent claim, however, the fee worksheet does not reflect a multiple dependent claim present. The preceding claims also recite additional structure that makes the recitations in claim 19 confusing, such as the cylinder assembly structures recited in claim 11 that raise issues with the cylinder assembly structures already recited in claim 19. For examination purposes, claim 19 will be treated as an independent claim to be consistent with the fee worksheet and claims worksheet dated 07/02/2025 as seen in the file wrapper.
Claim 17 and 18 recite the term “substantially”. It is unclear what would or would not meet the limitations paired with “substantially” because the specification does not provide any standard that further defines the metes and bounds of the “substantially” term.
Claim 20 is indefinite because it depends from indefinite claim 19.
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) 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aoki et al. (US 8578710), hereinafter ‘Aoki’.
Regarding claim 19, Aoki renders obvious a cylinder assembly (Fig. 1) for a braking system, comprising - a cylinder wherein said cylinder comprises a cylinder wall, which internally delimits a floating housing, wherein said cylinder wall delimits a pressure chamber fluidically connectable to a braking device, wherein said cylinder wall delimits a primary gasket housing and a secondary gasket housing), wherein the primary gasket housing and axially delimited by a first radial housing wall and a second radial housing wall connected to said axial housing wall,
wherein said cylinder defines a supply conduit fluidically connectable to a reservoir and/or fluid feeding valve, wherein said supply conduit leads into a supply opening on said cylinder wall between said primary gasket housing and said secondary gasket housing, - a float, wherein the float is slidingly accommodated in a sealing manner in the float housing to pressurize the fluid in a pressure chamber fluidically connectable to a braking device (Col. 7 lines 14-21),
wherein said primary gasket is accommodated in said primary gasket housing with axial clearance between said first radial housing wall and said second radial housing wall (see annotated Aoki Fig. 1’, all limitations are either annotated or apparent from the Figures), wherein said primary gasket when it abuts against said first radial housing wall is configured to form a seal with said float, said primary housing axial wall fluidically isolating the pressure chamber and supply conduit (Col. 7 lines 64-67, Col. 8 lines 1-10), and
wherein said primary gasket when it abuts against said second radial wall is configured to form a seal with said float preventing the formation of a seal with said primary housing axial wall to fluidically connect the supply conduit and the pressure chamber to increase the fluid pressure in the pressure chamber,
- a secondary gasket accommodated in the secondary gasket housing to form a static and dynamic seal with said floating and said cylinder wall (Col. 7 lines 22-33)
(see annotated Aoki Fig. 1’, all limitations are either annotated or apparent from the Figures)
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20. A cylinder assembly according to claim 19 wherein said cylinder assembly is a master cylinder or is an actuator for BBW applications (see Aoki Col. 1 lines 6-12).
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) 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 4781024) in view of Aoki et al. (US 8578710), hereinafter ‘Aoki’.
Nakamura discloses:
11. A primary gasket for a cylinder assembly,
wherein said cylinder assembly comprises a cylinder 11 and a float 13 slidingly housed in a float housing delimited by a cylinder wall 12 of said cylinder for pressurizing a fluid, wherein the primary gasket comprises an annular body 22, which extends circumferentially at least along a circumferential direction about an axial direction, wherein said primary gasket defines a radial direction perpendicular to said axial direction and said circumferential direction (apparent from the Figures),
wherein said annular body is configured to be accommodated in a primary gasket housing (see Fig. 2) defined in said cylinder wall, in which the primary gasket housing is delimited radially by an axial housing wall and axially by a first radial housing wall 21 and a second radial housing wall 23
wherein said annular body comprises an inner lip 22c, a central lip 22d, an outer lip 22b, and a back portion 22a, wherein the back portion comprises a back abutment surface configured to abut against the first radial housing wall 23 of said primary gasket housing, wherein the inner lip, central lip, and outer lip extend axially from the back portion, on the side opposite the back abutment surface, radially spaced apart from one another, wherein the inner lip is configured to form a seal with said float (see Fig. 2, 22c is in sealing contact with float 13b), wherein the outer lip is configured to form a seal with said axial housing wall (Col. 4 lines 47-68 ), wherein the central lip comprises an annular root 22d, which extends axially between said back portion and a root edge, wherein the central lip comprises a plurality of protuberances 22e, wherein each protuberance protrudes axially from said root edge, wherein said plurality of protuberances and said root edge define a plurality of discharges, wherein each discharge is delimited by each protuberance and one of its first neighboring protuberances of said plurality of protuberances and by a free portion of the edge of said root edge (see Figs. 2-4,), which extends between each protuberance and its first neighboring protuberance, wherein each protuberance extends circumferentially by one protuberance extension, wherein each discharge extends circumferentially by one discharge extension, wherein a sum of each discharge extension is greater than the sum of each protuberance extension (apparent from Fig. 4).
Nakamura does not disclose wherein a primary gasket housing defined in said cylinder wall, in which the primary gasket housing is delimited radially by an axial housing wall and axially by a first radial housing wall and a second radial housing wall is connected in an undercut manner to said axial housing wall.
However, Aoki discloses a cylinder assembly similar to Nakamura and the present application and therefore constitutes analogous art. Aoki teaches a primary gasket housing defined in said cylinder wall, in which the primary gasket housing is delimited radially by an axial housing wall and axially by a first radial housing wall and a second radial housing wall is connected in an undercut manner to said axial housing wall (see Aoki Fig. 1(a) and 1(b), the radial housing walls 20b and 20c are connected via 20a in an undercut manner to said axial housing wall 3).
It is obvious to combine prior art elements according to known methods to yield predictable results. See MPEP 2143(A). The MPEP states the prior art must: (1) teach each claimed element (a method or apparatus that will be modified), (2) show that one of ordinary skill in the art could have combined the elements by known methods and that the combination doesn’t change the function of the elements, and (3) show that one of ordinary skill would have recognized that applying the known technique to the base device would yield predictable results. See MPEP 2143(A).
In this case, Nakamura teaches all elements except a primary gasket housing defined in said cylinder wall, in which the primary gasket housing is delimited radially by an axial housing wall and axially by a first radial housing wall and a second radial housing wall is connected in an undercut manner to said axial housing wall. Aoki teaches a primary gasket housing defined in said cylinder wall, in which the primary gasket housing is delimited radially by an axial housing wall and axially by a first radial housing wall and a second radial housing wall is connected in an undercut manner to said axial housing wall, which has the function of accommodating a primary gasket. When combined into Nakamura at the location of the current primary gasket and primary gasket housing, it maintains its function of accommodating a primary gasket within the cylinder assembly. One of ordinary skill would expect predictable results because both references pertain to cylinder assemblies that function in the same manner in the environment of master cylinders.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the * because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
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The combination of Nakamura and Aoki further renders obvious:
12. A primary gasket according to claim 11, comprising at least one of the following features or a combination thereof: wherein the sum of each discharge extension is at least two times greater than the sum of each prominence extension (apparent from Fig. 4, more than 3 protuberances can be circumferentially positioned between each neighboring protuberance, which indicates that the discharge extension that exists between the neighboring protuberances is at least greater than 3 times the sum of each protuberance extension), and/or wherein the sum of each discharge extension is at least three times greater than the sum of each prominence extension (apparent from Fig. 4, more than 3 protuberances can be circumferentially positioned between each neighboring protuberance, which indicates that the discharge extension that exists between the neighboring protuberances is at least greater than 3 times the sum of each protuberance extension), and/or wherein said protuberances of said plurality of protuberances are circumferentially equidistant from one another along said discharge extension (apparent From Fig. 4), and/or wherein each protuberance and each first neighboring protuberance extend circumferentially with said protuberance extension (as best understood, this is also apparent from Fig. 4).
13. A primary gasket according to claim 12, comprising at least one of the following features or a combination thereof: wherein said discharge extension is equal to at least said protuberance extension and/or wherein said discharge extension is equal to at least twice said protuberance extension, and/or wherein said discharge extension is comprised between at least three times said prominence extension and at least five times said prominence extension (apparent from Fig. 4, more than 3 protuberances can be circumferentially positioned between each neighboring protuberance, which indicates that the discharge extension that exists between the neighboring protuberances is at least greater than 3 times the sum of each protuberance extension).
14. A primary gasket according to claim 11, comprising at least one of the following features or a combination thereof: wherein each protuberance comprises a protuberance body 22e, which protrudes from said annular root 22d, and a protuberance head (tip of 22e that contacts the radial wall) connected to said protuberance body, wherein said protuberance head is configured to abut against said second radial housing wall, preventing said root edge from abutting against with said second radial housing wall allowing a passage of fluid through said plurality of discharges (see Fig. 2, 22e prevents 22d from abutting the second radial housing wall 21), and/or wherein said annular root has axially a root extension between said back portion and said root edge, wherein each protuberance has axially a protuberance axial extension between said root edge and a protuberance end, wherein the axial root extension is comprised between two times the axial protuberance extension and six times the axial protuberance extension (see Fig. 2, 3).
15. A primary gasket according to claim 14, comprising at least one of the following features or a combination thereof: wherein said protuberance body and/or each protuberance body has a cylindrical and/or prismatic shape (see cylindrical body 22e in Fig. 2-4), and/or wherein said protuberance head is made in one piece with said protuberance body (apparent from Figures, 22 is one piece with the protuberance 22e).
16. A primary gasket according to claim 15, wherein said protuberance head and/or protuberance head has a cylindrical shape, wherein said protuberance head (apparent from Figures, see 22e)
17. A primary gasket according to claim 16, wherein each discharge of said plurality of discharges has a substantially U-shaped profile, and/or wherein said root edge is an annular edge (apparent from Figures, Fig. 2 and 3 show a U-shaped profile between the lips, root edge of 22d is an annular edge).
18. A primary gasket according to claim 11, comprising at least one of the following features or a combination thereof: wherein the inner lip, outer lip, and annular root have substantially the same axial dimension in the axial direction (see Fig. 2-3, all lips have substantially the same axial dimension), and/or wherein there are from 10 to 90 of said plurality of protuberances, preferably from 20 to 60 protuberances, even more preferably 30 protuberances.
Claim 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoki in view of Nakamura.
Regarding claim 19, Aoki discloses all of claim 19 except for the limitation of “a primary gasket according to any one of the preceding claims”.
However, Nakamura discloses the primary gasket according to claim 11. See claim 11 rejection above.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Aoki by simply substituting its annular seal 20 the annular seal 22 of Nakamura to yield only the expected result of a functioning primary gasket that operates in the same manner as originally disclosed by Aoki. Both seals have three lips, an inner lip that seals against a float, an outer lip that seals against the cylinder wall, and a middle lip that provides a discharge extension passage. Since both seals are similar in structure and function, the seal of Nakamura can be expected to function as originally disclosed by Aoki.
Regarding claims 11-18, see rejections under Nakamura. The primary gasket 22 of Nakamura replaces the primary gasket 21 of Aoki and thus reads on the same limitations in the same manner as previously discussed.
Regarding claim 20, see claim rejection under Aoki above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Owada et al. (US 10351114), Lhuillier et al. (US 9239110), Mouri et al. (US 2006/0064978), Owada (US 11148649), Bernadat et al. (US 8590304), Matsumura et al. (US 10183657) all disclose pertinent seals used with master cylinders
Schonlau et al. (US 5121686) discloses obvious equivalence between an undercut within the cylinder housing and using an assembly of components for a primary gasket housing
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dustin T Nguyen whose telephone number is ()270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm.
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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 July 24, 2025
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