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 .
Status of the Claims
Claims 5 – 13 have been amended prior to examination.
Claims 1 – 4, and 14 remain in their original form.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "610" and "620" have both been used to designate “the second seal face,” in at least [0132] and [0133], and “715” and “725” have both been used to designate “the first rotor shaft.” 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “520” has been used to designate both “the retainer” and “the cushioning member” in at least [0120], “510” has been used to designate both “a first retainer” in [Abstract], “a seal face” in at least [0108], and “a first seal face” in at least [0133], and that “510” and “520” appear to be indicating the incorrect elements in at least Figure 6 where the element numbers for the seal face and the retainer appear to be switched. 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. 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.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show any of the pump structure as recited by claim 11 or as described in the specification. It is noted that the first and second shafts are the only identified pump structure listed in claim 11 which are shown in the figures, wherein they are only identified schematically in Figure 7 which fails to detail any of the remaining pump structure. Applicant appears to point to the pump apparatus of WO 2014/112885, in at least [0153] of their originally filed specification, as one in which the instant seal assembly may be used. It is unclear if Applicant intended to recite such an apparatus as Applicant’s Admitted Prior Art such that they are incorporating the structure, or if they merely intended to recite it as a structure which reads over the claimed “apparatus” as recited by claims 1 and 11. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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 7 is objected to because of the following informalities:
Claim 7 recites the limitation “wherein the seal face comprises a radial groove configured to receive the cushioning member,” this limitation should be recited as “wherein the seal face comprises a radial groove configured to receive the first cushioning member,” to maintain proper antecedent basis to the parent term in claim 1.
Appropriate correction is required.
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, 5, 6, 8, and 10 – 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,586,719, “Marsi.”
Regarding Claim 1: Marsi discloses a seal arrangement (As shown in at least Figures 1 – 4B) for an apparatus (It is noted that the recited apparatus is not positively recited and as such is not considered as being required by the claim) comprising: a housing (14); and, a rotatable component (12, 18) disposed within the housing (As shown in at least Figure 1; The shaft and the shaft sleeve are disclosed as rotatable components which are arranged within the housing 10); wherein the rotatable component is configured to rotate at a variable angular speed about a rotational axis (The shaft and the shaft sleeve are arranged such that they are capable of rotating at a varying angular speed about the central axis of the shaft, interpreted as the longitudinal axis of the shaft as shown in at least Figure 1), the seal arrangement comprising: a first seal assembly (20, 34, 42) configured to be disposed on the rotatable component of the apparatus and to rotate around the rotational axis, the first seal assembly comprising: a first retainer (42, 34); a first seal face (20); wherein: the first seal face is disposed within the first retainer (As shown in at least Figures 1 and 3); and, the first retainer is configured to provide a rotary driving force to the first seal face to thereby rotationally drive the first seal face (As described in at least Cl. 3, ln. 49, “Ring 20 is provided with annular flange 28, the inner defining surface 30 of which is received on flange 32 of adaptor 34. The rear of flange 28 is axially supported by O-ring 36 encircling adapter flange 32, to avoid undesirable effects of different radial deflections of ring 20 and flange 32 from operating conditions due to the difference in materials from which they are made.;” and Cl. 3, ln. 64, “Keys 44 provide a resilient driving connection between lock ring 42, flange 34, sleeve 18, and seal ring 20 and cushion the drive therebetween.”); a first cushioning member (36) disposed between the first seal face and the first retainer, wherein the first cushioning member is configured to dampen the rotary driving force provided by the first retainer to the first seal face (Cl. 3, ln. 51, “The rear of flange 28 is axially supported by O-ring 36 encircling adapter flange 32, to avoid undesirable effects of different radial deflections of ring 20 and flange 32 from operating conditions due to the difference in materials from which they are made.”); a second seal assembly (22, 58, 82) configured to be disposed on the housing: a second retainer (58, 82); a second seal face (22); wherein: the second seal face configured to be disposed within the second retainer (As shown in at least Figure 1); wherein the first seal face is disposed in contact with the second seal face to thereby seal against egress of fluid between the first seal face and the second seal face (As shown in at least Figure 1 and as further discussed in at least Cl. 3, ln. 45, “Seal rings 20, 22 have relatively rotating, opposed, and lapped faces 24, 26 across which the flow of high pressure fluid in housing 16 to lower pressure zone (at the left of FIG. 1) is substantially prevented.”).
Regarding Claim 2: Marsi discloses the seal arrangement of claim 1; Marsi further discloses wherein: the first seal face comprises a radially outward facing circumferential surface (As shown in at least Figures 1 – 3; The radially outward surface of first seal face 20 which is shown at the interface of flats 48) comprising first seal face surface features (The surface features of the radially outward facing circumferential surface defined by flats 48 as discussed in at least Cl. 4, ln. 3, “elastomeric keys 44 exert radially inwardly directed forces on the flats 48 of the seal ring 20”); and, the first retainer comprises a radially inward facing circumferential surface comprising first retainer surface features (As shown in at least Figures 1 – 3; The radially inward facing surface which is opposed to the radially outward facing surface of the corresponding seal face, as indicated by at least surface 50); wherein the first seal face surface features correspond to the first retainer surface features to thereby permit torque to be transferred from the first retainer to the first seal face (As shown in at least Figures 1 and 3 and as further discussed in at least Cl. 3, ln. 60 – Cl. 4, ln. 2).
Regarding Claim 3: Marsi discloses the seal arrangement of claim 2; Marsi further discloses wherein: the first seal face surface features comprise: a plurality of flat portions; and, a plurality of curved portions (As shown in at least Figures 1 and 3; The first seal face comprises a plurality of surface features of different shapes and orientations, the disclosed surface features can broadly be interpreted as comprising a plurality of flat and curved portions); and, the first retainer surface features comprise: a plurality of flat portions; and, a plurality of curved portions (As shown in at least Figures 1 and 3; The first retainer surface comprises a plurality of surface features of different shapes and orientations, the disclosed surface features can broadly be interpreted as comprising a plurality of flat and curved portions); wherein each of the flat portions on the first retainer correspond to a respective flat portion on the first seal face (Such as the corresponding flat portions, arranged in the radial direction, which are shown facing one another), and each of the curved portions on the first retainer correspond to a respective curved portion on the first seal face (Such as the corresponding circumferential features, arranged in the circumferential direction, which are shown facing one another in a nesting fashion).
Regarding Claim 5: Marsi discloses the seal arrangement of claim 1; Marsi further discloses wherein the seal face is configured to provide a selected amount of compression of the cushioning member (As shown in at least Figures 1 and 3; The seal face is arranged such that it will provide compression to the cushioning member and that such compression force will be at an amount provided by the arrangement as intended by Marsi).
Regarding Claim 6: Marsi discloses the seal arrangement of claim 1; Marsi further discloses wherein the retainer is configured to provide a selected amount of compression of the cushioning member (As shown in at least Figures 1 and 3; The retainer is arranged such that it will provide compression to the cushioning member and that such compression force will be at an amount provided by the arrangement as intended by Marsi).
Regarding Claim 8: Marsi discloses the seal arrangement of claim 1; Marsi further discloses wherein: the cushioning member is a unitary element, for example, wherein the unitary element is an O-ring (The cushioning member is disclosed as an O-ring in at least Cl. 3, ln. 51, “The rear of flange 28 is axially supported by O-ring 36 encircling adapter flange 32, to avoid undesirable effects of different radial deflections of ring 20 and flange 32 from operating conditions due to the difference in materials from which they are made.”).
Regarding Claim 10: Marsi discloses the seal arrangement of claim 1; Marsi further discloses wherein: at least one of: the first seal face; and, the second seal face; is movable in an axial direction (As shown in at least Figure 1; At least the second seal face 22 is shown as being arranged such that it is movable in the axial direction of the shaft).
Regarding Claim 11: Marsi discloses the seal arrangement of claim 1; Marsi further discloses a seal capable of use with a CR downhole pump as recited by claim 11. It is noted that the majority of claim 11 is directed towards structure which is recited only in the preamble of claim 1 (i.e. “an apparatus”) such that the recited structure is interpreted as not being required by the claims. It is further noted that the majority of the structure recited by claim 11 is not shown by the drawings and as such the claim is objected to under 37 CFR 1.83(a) as discussed under the aforesaid Drawings heading herein in at least ¶6. It is noted that claim 11 recites the limitation “wherein, the first retainer of the first seal assembly is connected to the first shaft and the second retainer of the second seal assembly is connected to the housing to provide a seal to thereby prevent egress of process fluid from the pump along the shaft” which is not viewed as structure only recited by the preamble, and that such structure is taught by Marsi as the first retainer of the first seal assembly is connected to the shaft 12 through at least the use of cap screws 38 and the second retainer is connected to the housing through at least cap screws 84.
Regarding Claim 12: Marsi discloses the seal arrangement of claim 1; Marsi further discloses the use of the seal arrangement of claim 1 with a concentric reciprocating, CR, pump. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. (MPEP 2114 (II))
Claim(s) 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11,280,335, “Krampe.”
Regarding Claim 14: Krampe discloses the use of a drive face seal arrangement in a variable angular speed pump, wherein the drive face seal arrangement comprises a plurality of drive face seals configured to provide a seal between a plurality of rotors of the pump and a stationary casing (As shown in at least Figures 4, 7, and 8; As discussed in at least Cl. 15, ln. 19 – Cl. 17, ln. 61).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4,586,719, “Marsi.”
Regarding Claim 7: Marsi discloses the seal arrangement of claim 1; Marsi further discloses the first cushioning member arranged in a radial groove of the first retainer (As shown in at least Figure 1) such that Marsi fails to explicitly disclose the opposite arrangement, as claimed, wherein the seal face comprises a radial groove configured to receive the cushioning member. However, it would have been obvious to one of ordinary skill in the art to have rearranged the radial groove such that the groove is arranged on the seal face and not the first retainer as the cushioning member would be equally restrained in location by a groove on either element, and as the relocation of the groove from one element to another, in a mirror image manner, amounts to a simple rearrangement of parts. Such a rearrangement would have been obvious since, an express suggestion to rearrange the parts which would not have modified operation of the device is not necessary to render such substitution obvious (MPEP 2144.04(VI)(C)).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4,586,719, “Marsi,” in view of US 2008,0093806, “Takahashi.”
Regarding Claim 9: Marsi discloses the seal arrangement of claim 1; however, Marsi is silent as to the material used for the O-ring and as such fails to explicitly disclose wherein: the cushioning member comprises any of: nitrile; chloroprene; ethylene; propylene; fluorocarbon; perfluoroelastomer; and, polytetrafluoroethylene.
Takahashi teaches a rotating sealing arrangement (Figures 1 – 6) similarly arranged to that of Mari, and further teaches the use of a cushioning member (5A) in the form of an O-ring, wherein the O-ring comprises any of: nitrile; chloroprene; ethylene; propylene; fluorocarbon; perfluoroelastomer; and, polytetrafluoroethylene ([0035], “Material for the O-ring 5A may be Fluoride Rubber, Nitrile Rubber, H-NBR, EPDM, Perfluoroelastomer or the like.”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have utilized the material of the cushioning member of Takahashi in the formation of the cushioning member of Marsi, as such a material would have allowed for the O-ring to effectively functioned as the cushioning member in a manner well known in the art and as further taught by Takahashi. It if noted that such a material change is viewed as a simple design choice and that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. (MPEP 2144.07)
Allowable Subject Matter
Claims 4 and 13 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. Marsi teaches the structure of the seal arrangement of the independent claim; however, Marsi fails to explicitly disclose an arrangement “wherein: the cushioning member is compressed by the first seal assembly so that the compression of the cushioning member on the flat portions is a function of the position along the flat portion,” and further fails to disclose the use of the seal arrangement of the independent claim in a manner which is consistent wit the claimed method steps of claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10,670,149 – Rotary shaft seal comprising a cushioning member
US 7,240,904 – Rotary shaft seal comprising a cushioning member
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/BENJAMIN DOYLE/Examiner, Art Unit 3746 2026.01.24
/MARK A LAURENZI/Supervisory Patent Examiner, Art Unit 3746 2/9/2026