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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “configured to sealably contain” in claim 5. “Configured to sealably contain” does not limit the claim to any particular structure and the specification does not disclose what Applicant considers as a required to perform the function. The 35 U.S.C. 112(b) rejection further discloses the issues with the language.
“Configured to maintain a seal” in claim 18. The seal seems like a generic seal, so unless it is explained what structure of the seal that performs this function, this does not limit the claim to any particular structure. Does this function require more structure or a specific arrangement? If so, what?
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-20 are 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.
In claim 1, the preamble is “for a track system” that’s intended use but then the body of the claim is “operatively connected to a first rotary part of the track system” which would mean the assembly, but if that’s the case then the preamble doesn’t match the body of the claim since the preamble is “a rotary bearing assembly” not a track system. The metes and bounds are unclear, do you just need a bearing or do you need a track system? If someone makes the same part but doesn’t install it in a track system, would they be infringing? Is the track system meant to be intended use? If so, then other passive language like “for attaching to” should be used in the body of the claim, if not then the preamble should set the invention as “a track system comprising a rotary bearing assembly, the rotary bearing assembly comprising”.
In claim 5, “configured to sealaby contain” is unclear as the case is attempting to define the function without setting forth any structure so it is unclear what it needs to be “configured to sealably contain” anything. Does this need seals? If the structure is already recited that is needed then it is unclear what this is actually requiring in the terms of further limiting. If the dependent claim just defines what it does but all the structure is already recited that does the function, the claim doesn’t offer any further narrowing limitation.
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) 1-8, 13-18, and 20, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwanami (US 20210285550 A1).
Regarding claim 1, as best understood, Iwanami discloses (in figs. 1-2 and annotated fig. 7) a rotary bearing assembly for a track system, comprising:
a sealed bearing housing (SBH), including:
an interior cylindrical body (ICB and 51A) operatively connected to a first rotary part (13c in fig. 2) of the track system (fig. 1),
the first rotary part (13C) being disposed concentrically about a rotational axis of the sealed bearing housing (SBH);
an exterior cylindrical body (ECB and 52) circumferentially surrounding the interior cylindrical body (ICB and 51A);
and a bearing chamber (BC) disposed between the interior and exterior cylindrical bodies (ICB and 51A, ECB and 52) and configured to sealably include at least one rotatable element (19) and a first lubricating agent (L and para. [0044] discloses the lubricant oil for the bearing 19 and the like is filled in the rotation-side housing 15, and this lubricant oil L is sealed in the rotation-side housing 15 by the floating seal 27);
and a protective flanged seal structure (27 and 54) connected to the sealed bearing housing (SBH),
the protective flanged seal structure (27 and 54) including a sealing element (31) configured to resiliently contact at least one of:
a second rotary part (21 via 52) of the track system to shield the sealed bearing housing (SBH) from exposure to debris or moisture,
the second rotary part (21) being disposed concentrically about a rotational axis of the sealed bearing housing (SBH);
and the interior cylindrical body (ICB and 51A) or the exterior cylindrical body (ECB and 52).
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Regarding claim 2, Iwanami discloses the bearing assembly of claim 1, wherein the interior cylindrical body (ICB and 51A) has an interior side wall (ISW) and the exterior cylindrical body (ECB and 52) has an exterior side wall (ESW), the protective flanged seal structure (27) having an attachment surface (29) on one end thereof that is circumferentially attached to one of the interior side wall (ISW) or the exterior side wall.
Regarding claim 3, Iwanami discloses the bearing assembly of claim 1, wherein the first rotary part (13c) comprises one of a vehicle axle connector (23, the term does not have any specific meaning and could include any part connected to the axle assembly) and a wheel axle and the second rotary part (21) comprises another of the vehicle axle connector and the wheel axle (21).
Regarding claim 4, Iwanami discloses the bearing assembly of claim 1, wherein the protective flanged seal structure (27 and 54) is configured to provide an auxiliary chamber (53) between the protective flanged seal member (27) and one of the interior cylindrical body and the exterior cylindrical body (ECB and 52).
Regarding claim 5, Iwanami discloses the bearing assembly of claim 4, wherein the auxiliary chamber (53) is further configured to sealably contain a second lubricating agent (G).
Regarding claim 6, Iwanami discloses the bearing assembly of claim 5, wherein the protective flanged seal structure (27 and 54) comprises a fluid inlet structure (57) for facilitating insertion of the second lubricating agent (G) into the auxiliary chamber (53).
Regarding claim 7, Iwanami discloses the bearing assembly of claim 6, wherein the fluid inlet structure (57) is in fluid communication with the auxiliary chamber (53).
Regarding claim 8, Iwanami discloses the bearing assembly of claim 5, wherein the sealed bearing housing (SBH) includes a seal (30) for preventing mixture of the second lubricating agent (G) disposed in the auxiliary chamber (53) with the first lubricating agent (L) disposed in the bearing chamber (BC).
Regarding claim 13, Iwanami discloses the bearing assembly of claim 1, wherein the protective flange seal structure (27) includes a flange segment (FS).
Regarding claim 14, Iwanami discloses the bearing of claim 13, wherein the sealing element (31) is connected to the flange segment (FS).
Regarding claim 15, Iwanami discloses the bearing assembly of claim 1, wherein the sealing element (31) is connected to one of the interior cylindrical body and the exterior cylindrical body (ECB and 52).
Regarding claim 16, Iwanami discloses the bearing assembly of claim 15, wherein the protective flanged seal structure (27) is removable from the sealed bearing housing (SBH, the protective flange seal structure is removable from the housing because any components can be removable).
Regarding claim 17, Iwanami discloses the bearing assembly of claim 1, wherein the protective flanged seal structure (27 and 54) is integral with one of the interior cylindrical body (ICB and 51A) and the exterior cylindrical body (ECB and 52) of the sealed bearing housing (SBH, in an assembled product, all parts are integrated into one piece, which would make them integral).
Regarding claim 18, Iwanami discloses the bearing assembly of claim 1, wherein the sealing element (31) is configured to maintain a seal during variation of one of an internal pressure and an external pressure of the rotary bearing assembly (para. [0066] discloses that the acting pressure that affects the sealing performance of the seals 30 and 31 can be suppressed even with the accumulation of foreign substances in the periphery of the floating seal 27, which would maintain sealing performances).
Regarding claim 20, Iwanami discloses (in annotated fig. 7) a protective flanged seal structure (27), comprising: an attachment portion (29) having a flange segment (FS), the attachment portion (29) being connected to a sealed bearing housing (SBH) of a track system; an auxiliary chamber (53) defined in part by the flange segment (FS); a sealing element (30, 31) disposed in the auxiliary chamber (53); a lubricating agent (G) disposed in the auxiliary chamber (53), and being sealed therein by the sealing element (30, 31), wherein the protective flanged seal structure (27) is configured to shield the sealed bearing housing (SBH) from exposure to debris or moisture.
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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwanami (US 20210285550 A1) in view of Kawamura (US 20170152891 A1).
Regarding claim 19, Iwanami discloses the bearing assembly of claim 1 but does not disclose the first lubricating agent is an organic oil.
Kawamura teaches the first lubricating agent is an organic oil (para. [0064] lists various organic oil like mineral oil).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first lubrication agent be an organic oil for the purpose of environmental safety and biodegradability. It has also 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. In re Leshin, 125 USPQ 416.
Alternative rejection #1
Claim(s) 1 and 9-12, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sitzes (US 20220112920 A1).
Regarding claim 1, as best understood, Sitzes discloses (in annotated fig. 2 and fig. 3) a rotary bearing assembly (fig. 3) for a track system (fig. 2, as stated in the 35 U.S.C. 112(b) rejection, the metes and bounds are unclear if a bearing assembly or if a track system is the intended use, so the full bearing assembly is shown), comprising:
a sealed bearing housing (3), including:
an interior cylindrical body (30) operatively connected to a first rotary part (FRP) of the track system (fig. 2),
the first rotary part (FRP) being disposed concentrically about a rotational axis (A) of the sealed bearing housing (3);
an exterior cylindrical body (16) circumferentially surrounding the interior cylindrical body (30);
and a bearing chamber (42) disposed between the interior and exterior cylindrical bodies (30, 16) and configured to sealably include at least one rotatable element (48) and a first lubricating agent (para. [0040] discloses grease is within space 42);
and a protective flanged seal structure (58) connected to the sealed bearing housing (3),
the protective flanged seal structure (58) including a sealing element (88, 90) configured to resiliently contact at least one of:
a second rotary part (wheel (not illustrated) via 16, the wheel is a form of deflect that can block debris from getting directly to the bearing and thus functions as a shield) of the track system (fig. 2) to shield the sealed bearing housing (3) from exposure to debris or moisture,
the second rotary part (wheel) being disposed concentrically about a rotational axis of the sealed bearing housing (3);
and the interior cylindrical body (30) or the exterior cylindrical body (16).
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Regarding claim 9, Sitzes discloses the bearing assembly of claim 1, wherein in response to movement of the interior cylindrical body (30) relative to the exterior cylindrical body (16) about the rotational axis (A), the sealing element (88) includes one or more resilient lips (108, 110 and 112) configured to maintain resilient contact with the at least one of a non-rotary part, the second rotary part, the interior cylindrical body (30) or the exterior cylindrical body.
Regarding claim 10, Sitzes discloses the bearing assembly of claim 9, wherein the one or more resilient lips (108, 110 and 112) extend in at least one of an axial direction and a radial direction (108 extends in the radial direction and 110 and 112 extends in the axial direction).
Regarding claim 11, Sitzes discloses the bearing assembly of claim 9, wherein the one or more resilient lips (108) extend radially, and have slanted profiles.
Regarding claim 12, Sitzes discloses the bearing assembly of claim 11, wherein the slanted profiles are oriented away or toward the sealed bearing housing (3, 108 is orientated toward the sealed bearing housing).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIMEE T NGUYEN whose telephone number is (571)272-5250. The examiner can normally be reached M-F 10-7 EST.
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/AIMEE TRAN NGUYEN/Examiner, Art Unit 3617
/JOHN OLSZEWSKI/Supervisory Patent Examiner, Art Unit 3617
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