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 § 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.
Claims 1-5 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ono JP 2010-101363 in view of Morifuji JP 2015-17661, Maeda JP 2008-063603 and Schmidt GB 1202190.
Re clm 1, Ono discloses a follower bearing (Fig. 1) comprising: an inner member (12) including an outer circumferential surface that includes an annular first raceway surface (14) having a central axis; an outer ring (11) including an annular second raceway surface (13) facing the first raceway surface on an inner circumferential surface thereof; and a plurality of rolling elements (15) arranged on an annular raceway along the first and second raceway surfaces so as to contact the first and second raceway surfaces.
Although Ono discloses the inner member being made of metal, Ono does not disclose the inner member being composed of a steel containing not less than 0.12 mass% and not more than 0.39 mass% carbon, not less than 0.05 mass% and not more than 0.40 mass% silicon, not less than 0.55 mass% and not more than 0.95 mass% manganese, and not less than 0.60 mass% and not more than 1.25 mass% chromium, with the balance consisting of iron and unavoidable impurities and including a carburized layer.
Morifuji teaches a bearing member comprising a steel containing not less than 0.12 mass% and not more than 0.39 mass% carbon, not less than 0.05 mass% and not more than 0.40 mass% silicon, not less than 0.55 mass% and not more than 0.95 mass% manganese, and not less than 0.60 mass% and not more than 1.25 mass% chromium, with the balance consisting of iron and unavoidable impurities (lines 129-134) and including a carburized layer (lines 137-138).
It would have been obvious to one of ordinary skill in the art at the time of the invention to substitute the generic metal of Ono with that of a steel containing not less than 0.12 mass% and not more than 0.39 mass% carbon, not less than 0.05 mass% and not more than 0.40 mass% silicon, not less than 0.55 mass% and not more than 0.95 mass% manganese, and not less than 0.60 mass% and not more than 1.25 mass% chromium, with the balance consisting of iron and unavoidable impurities and including a carburized layer as taught by Morifuji, since it has been held that the selection of a known material based on its suitability for its intended purpose would have been obvious to one of ordinary skill in the art. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Ono in view of Morifuji does not disclose the carburized layer containing not less than 0.60 mass% and not more than 1.20 mass% carbon so as to constitute at least a part of a surface thereof, in the carburized layer, the grain size number of prior austenite grains as specified in JIS G 0551 being not less than 8.6.
Maeda teaches a bearing race comprising a surface layer containing not less than 0.60 mass% and not more than 1.20 mass% carbon so as to constitute at least a part of a surface thereof (lines 223-228) and the grain size number of prior austenite grains as specified in JIS G 0551 being not less than 8.6 (lines 434-438) for the purpose of providing the appropriate hardness for a bearing (lines 223-228) as well as improving the rolling fatigue life of the bearing (lines 434-438).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ono in view of Morifuji and provide the carburized layer containing not less than 0.60 mass% and not more than 1.20 mass% carbon so as to constitute at least a part of a surface thereof, in the carburized layer, the grain size number of prior austenite grains as specified in JIS G 0551 being not less than 8.6 for the purpose of providing the appropriate hardness for a bearing as well as improving the rolling fatigue life of the bearing.
Ono does not disclose the inner member includes an inner wall surface that defines a through hole including the central axis; a portion of the through hole with a smallest diameter having a diameter that is 40% or more of an outside diameter of a portion of the inner member with a smallest outside diameter.
Schmidt teaches a similar follower arrangement comprising the inner member includes an inner wall (inner wall of 22 through which bolt 29 passes, Fig. 2) surface that defines a through hole including the central axis; a portion of the through hole with a smallest diameter having a diameter that is 40% or more of an outside diameter of a portion of the inner member with a smallest outside diameter (as shown by right end of 23, Fig. 2).
Since both Ono and Schmidt disclose attachment means for follower type bearings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the integral bolt design of Ono with the separate inner member design of Schmidt and provide the inner member includes an inner wall surface that defines a through hole including the central axis; a portion of the through hole with a smallest diameter having a diameter that is 40% or more of an outside diameter of a portion of the inner member with a smallest outside diameter to achieve the predictable result of fastening the mechanism to a support. Furthermore, the design of Schmidt has the further advantage of being adjustable.
Re clm 2, Ono discloses a follower bearing (Fig. 1) comprising: an inner member (12) including an outer circumferential surface that includes an annular first raceway surface (14) having a central axis; an outer ring (11) including an annular second raceway surface (13) facing the first raceway surface on an inner circumferential surface thereof; and a plurality of rolling elements (15) arranged on an annular raceway along the first and second raceway surfaces so as to contact the first and second raceway surfaces.
Although Ono discloses the inner member being made of metal, Ono does not disclose the inner member being composed of a steel containing not less than 0.12 mass% and not more than 0.39 mass% carbon, not less than 0.05 mass% and not more than 0.40 mass% silicon, not less than 0.55 mass% and not more than 0.95 mass% manganese, and not less than 0.60 mass% and not more than 1.25 mass% chromium, with the balance consisting of iron and unavoidable impurities and including a carburized layer.
Morifuji teaches a bearing member comprising a steel containing not less than 0.12 mass% and not more than 0.39 mass% carbon, not less than 0.05 mass% and not more than 0.40 mass% silicon, not less than 0.55 mass% and not more than 0.95 mass% manganese, and not less than 0.60 mass% and not more than 1.25 mass% chromium, and not less than 0.15 mass% and not more than 0.35 mass% molybdenum, with the balance consisting of iron and unavoidable impurities (lines 129-134) and including a carburized layer (lines 137-138).
It would have been obvious to one of ordinary skill in the art at the time of the invention to substitute the generic metal of Ono with that of a steel containing not less than 0.12 mass% and not more than 0.39 mass% carbon, not less than 0.05 mass% and not more than 0.40 mass% silicon, not less than 0.55 mass% and not more than 0.95 mass% manganese, and not less than 0.60 mass% and not more than 1.25 mass% chromium, and not less than 0.15 mass% and not more than 0.35 mass% molybdenum with the balance consisting of iron and unavoidable impurities and including a carburized layer as taught by Morifuji, since it has been held that the selection of a known material based on its suitability for its intended purpose would have been obvious to one of ordinary skill in the art. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Ono in view of Morifuji does not disclose the carburized layer containing not less than 0.60 mass% and not more than 1.20 mass% carbon so as to constitute at least a part of a surface thereof, in the carburized layer, the grain size number of prior austenite grains as specified in JIS G 0551 being not less than 8.6.
Maeda teaches a bearing race comprising a surface layer containing not less than 0.60 mass% and not more than 1.20 mass% carbon so as to constitute at least a part of a surface thereof (lines 223-228) and the grain size number of prior austenite grains as specified in JIS G 0551 being not less than 8.6 (lines 434-438) for the purpose of providing the appropriate hardness for a bearing (lines 223-228) as well as improving the rolling fatigue life of the bearing (lines 434-438).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ono in view of Morifuji and provide the carburized layer containing not less than 0.60 mass% and not more than 1.20 mass% carbon so as to constitute at least a part of a surface thereof, in the carburized layer, the grain size number of prior austenite grains as specified in JIS G 0551 being not less than 8.6 for the purpose of providing the appropriate hardness for a bearing as well as improving the rolling fatigue life of the bearing.
Ono does not disclose the inner member includes an inner wall surface that defines a through hole including the central axis; a portion of the through hole with a smallest diameter having a diameter that is 40% or more of an outside diameter of a portion of the inner member with a smallest outside diameter.
Schmidt teaches a similar follower arrangement comprising the inner member includes an inner wall (inner wall of 22 through which bolt 29 passes, Fig. 2) surface that defines a through hole including the central axis; a portion of the through hole with a smallest diameter having a diameter that is 40% or more of an outside diameter of a portion of the inner member with a smallest outside diameter (as shown by right end of 23, Fig. 2).
Since both Ono and Schmidt disclose attachment means for follower type bearings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the integral bolt design of Ono with the separate inner member design of Schmidt and provide the inner member includes an inner wall surface that defines a through hole including the central axis; a portion of the through hole with a smallest diameter having a diameter that is 40% or more of an outside diameter of a portion of the inner member with a smallest outside diameter to achieve the predictable result of fastening the mechanism to a support. Furthermore, the design of Schmidt has the further advantage of being adjustable.
Re clm 3 and 8, the improvement of Maeda further discloses the surface of the inner member constituted by the carburized layer has a hardness of not less than 700 HV (lines 655-660).
Re clm 4 and 9, the improvement of Schmidt further discloses the inner member includes a large diameter portion including the first raceway surface on an outer circumferential surface thereof, and a small diameter portion having an outside diameter smaller than an outside diameter of the large diameter portion and connected to the large diameter portion at a first end portion which is an end portion in a direction along the central axis.
The improvement of Morifuji as well as Maeda discloses the hardening treatment requiring holding the element at a high temperature for multiple hours. Providing this treatment to the Schmidt’s modified inner raceway element of Ono would provide the carburized layer is arranged so as to include an outer circumferential surface corresponding to the first end portion in the small diameter portion.
Re clm 5 and 10, the improvement of Schmidt further discloses a fixing element (30); and a fastening element (bolt 29); the fixing element including a cylindrical portion (at 11) having a threaded groove on an inner circumferential surface thereof (at 33), and a plate-shaped portion (31) arranged at one end in an axial direction of the cylindrical portion and extending radially outward of the cylindrical portion, the fastening element including a body portion (shaft portion of bolt 29) having a thread on an outer circumferential surface thereof (at 33) that can be coupled with the threaded groove of the cylindrical portion, and a head portion (where numeral 29 points) connected to one end portion in a longitudinal direction of the body portion and having a larger outside diameter than the body portion, the follower bearing and the fixing element being capable of being fastened together by coupling between the threaded groove of the cylindrical portion inserted into the through hole and the thread of the body portion inserted into the through hole in a state where the plate-shaped portion of the fixing element is located on one side in a direction along the central axis as viewed from the through hole and where the head portion of the fastening element is located on another side in the direction along the central axis as viewed from the through hole (as shown by Fig. 2).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ono JP 2010-101363 in view of Morifuji JP 2015-17661, Hirakawa JP 2002-194438 and Schmidt GB 1202190.
Re clm 7, Ono discloses a method of producing an inner member of a follower bearing (Fig. 1), the inner member (12) including an outer circumferential surface that includes an annular first raceway surface (14) having a central axis.
Although Ono discloses the inner member being made of metal, Ono does not disclose the inner member being composed of a steel containing not less than 0.12 mass% and not more than 0.39 mass% carbon, not less than 0.05 mass% and not more than 0.40 mass% silicon, not less than 0.55 mass% and not more than 0.95 mass% manganese, and not less than 0.60 mass% and not more than 1.25 mass% chromium, with the balance consisting of iron and unavoidable impurities and including a carburized layer.
Morifuji teaches a bearing member comprising a steel containing not less than 0.12 mass% and not more than 0.39 mass% carbon, not less than 0.05 mass% and not more than 0.40 mass% silicon, not less than 0.55 mass% and not more than 0.95 mass% manganese, and not less than 0.60 mass% and not more than 1.25 mass% chromium, with the balance consisting of iron and unavoidable impurities (lines 129-134) and including a carburized layer (lines 137-138).
It would have been obvious to one of ordinary skill in the art at the time of the invention to substitute the generic metal of Ono with that of a steel containing not less than 0.12 mass% and not more than 0.39 mass% carbon, not less than 0.05 mass% and not more than 0.40 mass% silicon, not less than 0.55 mass% and not more than 0.95 mass% manganese, and not less than 0.60 mass% and not more than 1.25 mass% chromium, with the balance consisting of iron and unavoidable impurities and including a carburized layer as taught by Morifuji, since it has been held that the selection of a known material based on its suitability for its intended purpose would have been obvious to one of ordinary skill in the art. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07.
Ono in view of Morifuji does not disclose forming the carburized layer so as to constitute at least a part of a surface of the formed body by heating the formed body in a carburizing atmosphere to a temperature not lower than an Al point of the steel and not higher than 900°C; and quench hardening the formed body by cooling the formed body with the carburized layer formed from a temperature range not lower than the A1point of the steel to a temperature range not higher than an MS point.
Hirakawa teaches a method of producing a bearing race member comprising forming the carburized layer so as to constitute at least a part of a surface of the formed body by heating the formed body in a carburizing atmosphere to a temperature not lower than an Al point of the steel and not higher than 900°C ([0024]); and quench hardening the formed body by cooling the formed body with the carburized layer formed from a temperature range not lower than the A1point of the steel to a temperature range not higher than an MS point ([0024]) for the purpose of providing a longer service life and lower wear amount ([0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ono in view of Morifuji and provide forming the carburized layer so as to constitute at least a part of a surface of the formed body by heating the formed body in a carburizing atmosphere to a temperature not lower than an Al point of the steel and not higher than 900°C; and quench hardening the formed body by cooling the formed body with the carburized layer formed from a temperature range not lower than the A1point of the steel to a temperature range not higher than an MS point for the purpose of providing a longer service life and lower wear amount.
Ono does not disclose the inner member includes an inner wall surface that defines a through hole including the central axis; a portion of the through hole with a smallest diameter having a diameter that is 40% or more of an outside diameter of a portion of the inner member with a smallest outside diameter.
Schmidt teaches a similar follower arrangement comprising the inner member includes an inner wall (inner wall of 22 through which bolt 29 passes, Fig. 2) surface that defines a through hole including the central axis; a portion of the through hole with a smallest diameter having a diameter that is 40% or more of an outside diameter of a portion of the inner member with a smallest outside diameter (as shown by right end of 23, Fig. 2).
Since both Ono and Schmidt disclose attachment means for follower type bearings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the integral bolt design of Ono with the separate inner member design of Schmidt and provide the inner member includes an inner wall surface that defines a through hole including the central axis; a portion of the through hole with a smallest diameter having a diameter that is 40% or more of an outside diameter of a portion of the inner member with a smallest outside diameter to achieve the predictable result of fastening the mechanism to a support. Furthermore, the design of Schmidt has the further advantage of being adjustable.
Allowable Subject Matter
Claims 6 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALAN B WAITS/Primary Examiner, Art Unit 3617