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 .
Election/Restrictions
Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected specie, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/12/2026.
Applicant's election with traverse of species in the reply filed on 3/12/2026 is acknowledged. The traversal is on the ground(s) that no burden would be added to examiner to search all species is not persuasive, since even if the search were common, one must perform different searches to details for each species and also provide sufficient 103 or 102 rejection that are different for species (this would be undue burden to the examiner). Furthermore the foreign office has already provided many references to all original claims which may provide clarity that the claims are not patentable in view of prior art.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-3 and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hunter et al (US.20160201811A1).
Hunter discloses a sealing device to be assembled between a housing (e.g. 12) being cylindrical and a rotor located inside the housing coaxially with the housing and rotatable about an axis (e.g. figure 4), the sealing device comprising a first seal (e.g. sleeve 18) including a body (e.g. body of 18) to extend along an outer periphery of the rotor (e.g. rotor 26), the first seal including a port (e.g. port having circumferential groove 72, see figure 3) through the body in a radial direction of the body, and a groove (e.g. groove 72) on an outer circumferential surface of the body and surrounding the port (e.g. figure 3) when the outer circumferential surface is viewed in the radial direction, the groove including a groove bottom parallel (e.g. bottom wall of groove 72) to the outer circumferential surface (e.g. see figure 4 showing the groove 72 having a second seal 76) and a second seal (e.g. seal in groove 72, see paragraph 0047) attachable to the groove to be in contact with the groove bottom, the second seal seals a gap between the housing and the first seal (e.g. figure 4), the second seal including a bend (e.g. U-shape seal in figure with a bend B, see figure below) bendable during assembly.
Regarding claim 2: Wherein the second seal further has a space (e.g. S, figure below) defined adjacent to the bend in a sectional view, and the space is closer to a center of the second seal than the bend in the sectional view (e.g. see figure below).
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Regarding claim 3: Wherein the bend is bendable in response to a relative movement of the housing in an axial direction from outside to inside during assembly (e.g. that would be the case when housing is placed over 18 in figure 3).
Regarding claim 12: see rejection of claim 1 and further the second seal being bendable during assembly.
Regarding claim 13: The second seal is bendable in a direction intersecting with the radial direction during assembly (e.g. the seal is bendable in both radial and axial direction, since an inner bend of the second seal bends inwardly by the housing when 18 is placed in the housing, see entire reference).
Regarding claim 14-15: Hunter discloses the sealing structure comprising a housing (12), a rotor (26) located inside the housing coaxially with the housing and rotatable about an axis and the sealing device of claim 1 is provided on an outer circumferential of the rotor. See rejection of claim 1 above. The second seal attached to the groove and in contact with the groove bottom (see figure above of Hunter). The second seal being bent to seal the gap between the housing and the first seal (e.g. see figures and rejection of claim 1).
Regarding claim 16: The second seal is bent in a direction intersecting with the radial direction to seal a gap between the housing and the first seal (e.g. that is when housing is placed over 18 in figure 3).
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) 4-8, 10-11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hunter in view of Onda (JP200417688A).
Regarding claims 4-8: Hunter discloses the invention as claimed above but fails to disclose that the second seal has an opening extending in a direction in which the second seal extends, and the opening is recessed on the second seal, the bend is bendable to narrow the opening during assembly, the second seal has a V-shape cross-section, the opening is open toward the opening, the second seal has two opening ends across the opening and the two opening ends are arranged in the axial direction (e.g. in short, the second seal is a general V-shape and bottom of the V-shape contacts the bottom of the groove and the opening of the V-shape seal faces the housing). Onda teaches a rotational member having radial ports (e.g. 25e and 25f), the rotational member having a groove (e.g. 25k), a seal member (28) having a V-shape, the seal member having bends (e.g. 28b and 28a) which face a housing having the rotational member (e.g. see figures), the bends face the housing, an opening (e.g. opening between 28a and 28b facing the housing) having two openings ends (e.g. opening ends adjacent to 28a and 28b), the bend is bendable to narrow the opening during assembly (e.g. this is the case when 25 is placed in housing or when housing is placed over 25 axially). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the second seal of Hunter be a V-shape seal with bends that extends toward the housing as taught by Onda with reasonable expectation of success to provide proper sealing, tightness and limit sliding resistance of the rotating member (e.g. see problems to be solved in Onda) and also to prevent the occurrence of stagnation (e.g. see paragraph 0005 in Onda, see IDS filed by applicant for the reference of Onda). It is noted that Onda also states that the V-shape seal is bend when assembly with the housing (see abstract of Onda).
Regarding claim 10: The combination of Hunter and Onda teach the groove has a clearance between the groove and the bend (e.g. this is the case since the seal is a V-shape and tapered section of the V-shape in figure 8 in Onda are arranged to groove bottom and this would provide clearance between the bends and the groove).
Regarding claim 11: The combination of Hunter and Onda teach that the second seal including includes the bend bendable in a direction intersecting with the radial direction during assembly (e.g. orientation of the V-shape seal where the opening is facing the housing teaches the bends of the second seal to bend when assembled with the housing, see abstract of Onda).
Regarding claim 19: The combination of Hunter and Onda teach the bend is bendable in response to a relative movement of the housing in an axial direction from outside to inside during assembly (e.g. this is the case since the orientation of the V-shape is to the bottom and the bend face the housing, see Onda).
Regarding claim 20: See rejection of claims 4-8 above (e.g. the bends face the housing and the opening is between the bends).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant should review all office actions by foreign office and also references on form 892. No claims are allowable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL A PATEL whose telephone number is (571)272-7060. The examiner can normally be reached 7:00 am to 4:00pm.
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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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/VISHAL A PATEL/Primary Examiner, Art Unit 3675
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