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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim 11 is 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 11, entire claim, claim 1 already call for limitation of “a conical shape” and unclear what applicant is trying to claim.
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 and 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saywell (US 2600434A).
Saywell discloses an apparatus for shielding a rotary interface to prevent ingress of abrasive media, the apparatus comprising a rotary housing (e.g. shaft) containing a rotating component (e.g. component 12 or 31), a stationary housing (e.g. device having bearing components 11, 12 and shaft) containing a stationary component (e.g. 11 or 30) configured to interface with the rotating component to provide rotational motion, wherein the rotary housing is configured to couple to the stationary housing and rotate with respect to the stationary housing when coupled (e.g. intended use but the bearings are capable of this, see MPEP 2113-2114) and a flat metallic ring (e.g. 16 or 34 or 47) that is installed between the rotary housing and the stationary housing (e.g. see figures) and wherein the installation of the flat metallic ring between the rotary housing and the stationary housing preloads the flat metallic ring into a conical shape (see conical shape of 16, 34 and 46 in figure 2, figure 4 and figure 6, respectively). The flat metallic ring having a thin coating (26).
Regarding claim 6: Wherein a seal shield (e.g. 19 or 37) is disposed between the stationary housing and the flexible metallic ring (e.g. see figures 2, 4 and 6).
Regarding claim 7: Wherein the rotary housing includes a first ring deforming feature (e.g. surface contacted by end of 19 or 34 or 46 to 12) and the stationary housing includes a second ring deforming feature (e.g. recess 17 and 19 or groove and 37), and wherein the first and second ring deforming features deform the metallic ring into the conical shape (e.g. see figures).
Regarding claim 8: Wherein the preload for deforming the metallic ring is applied using a two-point contact with the metallic ring along the circumference of the metallic ring, wherein a first contact is provided by the rotary housing and a second contact is provided by the stationary housing (see figures 1-2, 4 and 6 and rejection of claim 7).
Regarding claim 9: Wherein the first ring deforming feature is a chamfer (e.g. see angle surface on 12 or angle surface on 39 or angle surface of 51) and the second ring deforming feature is a lip or shoulder (e.g. see shoulder in figure 1, see lip in figures 4 and 6).
Regarding claim 10: Wherein the metallic ring includes an inner diameter and an outer diameter on opposite sides of the metallic ring, and wherein the metallic ring bends from the second ring deforming feature on the inner diameter and the first ring deforming feature on the outer diameter (e.g. see figure 1, 4 and 6). It is noted that applicant should review all figures.
Regarding claim 11:Wherein the metallic ring is preloaded onto a flat annular surface of the stationary housing (e.g. flat surface of shoulder 18) and onto a shoulder or lip of the rotary housing (e.g. lip having tapered or chamfered surface on 12), the annular surface and shoulder for reacting the preload of the metallic.
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) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Saywell in view of Ostrowski (US. 5947479).
Saywell discloses the invention as claimed above but fails to disclose the metallic ring is stainless steel. Ostrowski discloses an element between 1st and 2nd component which is made of stainless steel. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the metallic ring of Saywell be made of stainless steel as taught by Ostrowski with reasonable expectation of success to provide material that is resistant to corrosion (e.g. inherent property of stainless steel).
Claim(s) 3 are rejected under 35 U.S.C. 103 as being unpatentable over Saywell in view of Mindock III (US. 20130094957A1).
Saywell discloses the invention as claimed above but fails to disclose wherein the metallic ring is dry film lubricated. Mindock discloses a metallic member with dry lubricant coating (e.g. back surface of 31). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the coating of Saywell be a dry film lubricant such as molybdenum disulphide as taught by Mindock with reasonable expectation of success to provide low or anti friction coating when a rotational element is contacted (e.g. paragraph 0026).
Claim(s) 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Saywell in view of Harrison (US. 5493951).
Saywell discloses the invention as claimed above but fails to disclose wherein the metallic ring is dry film lubricated, wherein the metallic ring is dry film lubricated by applying a dry film lubricant on all sliding surfaces of the metallic ring and wherein the dry film lubricant is Molybdenum disulphide with an inorganic binder. Harrison discloses a metallic member with dry lubricant coating (e.g. metallic member 25 having molybdenum disulfide dispersed in paraffin wax, column 3 lines 62-64). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the coating of Saywell be a dry film lubricant such as molybdenum disulphide as taught by Harrison with reasonable expectation of success to provide low or anti friction coating when a rotational element is contacted (e.g. inherent property to provide lubrication between two relatively contacting elements, see description of 25, column 3, lines 50-64).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. It is further noted that one can use a conical washer or flat washer that changes shape as shown by Letts (US. 2613996). The reference of Bingham also teaches to have a conical element 52, Lynn (US. 4253711) teaches metallic element 32, Dutil (US. 6575860) also teaches a conical shape element 78 and Lynn (4055369).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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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/VISHAL A PATEL/Primary Examiner, Art Unit 3675