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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cohen-Zada (WO 2009/098684).
Regarding claim 1, Cohen-Zada discloses a seal for a rotary shaft 214 Fig. 2 comprising: a sleeve 216 configured to surround the rotary shaft; a housing 218 surrounding the sleeve; a stuffing box 212 between the housing and the sleeve, the stuffing box being configured to be at least partially filled with a sealant material 222; and at least one sealing ring 207 bounding the stuffing box; wherein pressure applied to sealant material in the stuffing box is transferred to at least one sealing ring in a radially inward direction. Regarding claim 2, Cohen-Zada discloses an injection tube (tube having 222) configured to apply pressure to sealant 222 in the stuffing box 212.
Regarding claim 3, Cohen-Zada discloses wherein the injection tube is configured for attachment to a source 28 of pressure. Regarding claim 4, Cohen-Zada discloses wherein the source of pressure is an injector 28.
Regarding claim 5, Cohen-Zada discloses a device 215 for preventing rotation of sealant in the stuffing box. Regarding claim 6, Cohen-Zada discloses wherein the device 215 for preventing rotation of the sealant comprises one or more screws or pins (215a of Annotated Fig. 2, below) configured to terminate in the stuffing box 212.
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Regarding claim 7, Cohen-Zada discloses wherein at least one of the sealing rings 207 is immobilized by one more screws or barbs.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cohen-Zada in view of Cohen-Zada et al. US 2023/0175592)
Regarding claim 8, Cohen-Zada discloses the invention as claimed above but fails to explicitly disclose an air injection system configured to inject air into at least a portion of a gap between the housing and the sleeve. Cohen-Zada et al., a sealing system 100 for a rotary shaft Fig. 1, discloses the use of an air injection system 40 configured to inject air into at least a portion of a gap 24 between the housing 22 and the sleeve 1. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the sealing system of Cohen-Zada with an air injection system as taught by Cohen-Zada et al. in order to inject air into the working fluid thus adsorbing and diluting any gaseous debris in the working fluid that may be generated during rotation of the shaft. (Para. 0013 of Cohen-Zada et al.)
Response to Arguments
Applicant's arguments filed 10/28/25 have been fully considered but they are not persuasive. Applicant argues that the seal of the Cohen-Zada reference cannot include the pressure being in transferred to at least one sealing ring in a radially inward direction. This is not persuasive since the sleeve 216 varies in diameter in a sinusoidal manner along its length. This provides a greater surface area for sheath 216 sealant 228 adhesion therealong, thus providing the ability of the pressurized sealant to 228 to be transferred to at least one sealing ring in a radially inward direction. Moreover, “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). 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. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
Further structure should be claimed to further define the arrangement of the claimed structural elements within the assembly.
Applicant further argues that the Cohen-Zada reference does not teach a device for preventing rotation of sealant in the stuffing box. This is not persuasive since the Cohen-Zada reference discloses what is claimed by applicant as one or more screws or pins (215a of Annotated Fig. 2, above) configured to terminate in the stuffing box 212.
Further structure should be claimed to further define the arrangement of the claimed structural elements within the assembly.
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 EUGENE G BYRD whose telephone number is (571)270-1824. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at 5712727376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EUGENE G BYRD/Primary Examiner, Art Unit 3675
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