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 Amendment
Amendment to claims of 06/24/2026 is acknowledged.
Claim objections in the Office action of 03/25/2026 are withdrawn.
Claim rejections under 35 USC § 112 in the Office action of 03/25/2026 are withdrawn.
Response to Arguments
Applicant's arguments filed 06/24/2026 have been fully considered but they are not persuasive.
(a) Applicant argues, on page 7, that the combination of Balsells ‘205 and Dahlhaus-Preussler does not teach the limitations of claim 1, and the combination is impermissible hindsight. Balsells discloses the claimed limitations, except for a washer having an outside diameter and an inside diameter defining an opening. Dahlhaus-Preussler teaches a seal system with a washer 2 having an outside diameter and an inside diameter defining an opening to receive the shaft 13 for effective sealing (abstract.) Balsells combined with features of Dahlhaus-Preussler teaches the claimed limitations. Applicant's argument is not persuasive.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In this case Balsells discloses a seal arrangement as claimed, and Dahlhaus-Preussler teaches a washer as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Balsells with a washer. Claim 1 is not an inventive concept. Applicant's argument is not persuasive.
(b) Applicant argues, on page 11, that the combination of Balsells ‘205, Dahlhaus-Preussler, and Balsells ‘890 does not teach the limitations of claim 12, and the combination is impermissible hindsight. Balsells discloses the claimed limitations, except for (a) a washer having an outside diameter and an inside diameter defining an opening, and (b) grease in spring cavity. Dahlhaus-Preussler teaches a seal system with a washer 2 having an outside diameter and an inside diameter defining an opening to receive the shaft 13 for effective sealing (abstract.) Balsells ‘890 teaches a seal system with grease in spring cavity to increase the life of seal (Col.3, L 52-58). Balsells combined with features of Dahlhaus-Preussler and Balsells ‘890 teaches the claimed limitations.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In this case Balsells discloses a seal arrangement as claimed, and Dahlhaus-Preussler teaches a washer as claimed. Balsells ‘890 teaches a seal system with grease in spring cavity. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Balsells ‘205 with a washer and grease. Claim 12 is not an inventive concept. Applicant's argument is not persuasive.
(c) Applicant argues, on page 14, that the combination of Balsells ‘205, Dahlhaus-Preussler, Lewis, and Wheelock does not teach claim 20 limitations, and the combination is impermissible hindsight. Balsells discloses the claimed limitations, except for (a) a washer having an outside diameter and an inside diameter defining an opening, and (b) grease in spring cavity. Dahlhaus-Preussler teaches a seal system with a washer 2 having an outside diameter and an inside diameter defining an opening to receive the shaft 13 for effective sealing (abstract.) Lewis teaches a wedge shape sealing washer 116 having an outside diameter and an inside diameter defining an opening providing an effective sealing. Wheelock teaches a retaining disc 20 to retain the ring 19 for effective sealing. Balsells modified with teachings of Dahlhaus-Preussler, Lewis, and Wheelock teaches the claimed limitations.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In this case Balsells ‘205 discloses a seal arrangement as claimed. Dahlhaus-Preussler teaches a washer as claimed. Lewis teaches a wedge shape sealing washer 116 as claimed. Wheelock teaches a retaining disc 20 as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Balsells ‘205 with a washer, a wedge shape sealing washer, and a retaining disc. Claim 20 is not an inventive concept. Applicant's argument is not persuasive.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
10. Claim(s) 1-2, 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Balsells, US 6,264,205) in view of D2 (Dahlhaus-Preussler et al., US Pub. App. 2018-0313449).
For claim 1, D1 discloses a seal system comprising:
a housing cylinder having a body, an interior surface defining a bore, a retaining end having a retaining wall at one end of the bore, and an insertion end at an opposite end of the bore (As shown below);
a first seal assembly located in the bore of the housing cylinder, the first seal assembly comprising a first seal element, a locking ring (shown as 1st locking ring) comprising a flange section, and a first energizer biasing against the locking ring and the first seal element (As shown below);
a second seal assembly comprising a second seal element (Shown below);
wherein the first seal element comprises a spring cavity formed by an inside flange, an outside flange, and a center channel section, and wherein the inside flange defining an opening having an inside diameter and having a free end pointing at the insertion end of the housing cylinder (As shown below. The space that accommodates the first energizer defines the spring cavity, and the space between the inside flange and flange of the first locking ring defines the center channel section. The free end of the inside flange is pointing toward the insertion end.);
wherein the second seal element comprises a spring cavity formed by an inside flange, an outside flange, and a center channel section, and wherein the inside flange defining an opening having an inside diameter and having a free end pointing at the retaining wall of the housing cylinder (As shown below. The space that accommodates the second energizer defines the spring cavity, and the space between the inside flange and flange of the second locking ring defines the center channel section. The free end of the inside flange is pointing toward the retaining wall.);
a washer in contact with the first seal element and the retaining wall, the washer comprising an outside perimeter and an inside perimeter defining a washer opening;
wherein the inside diameter of the first seal element and the inside diameter of the second seal element are sized and shaped to receive a shaft having a length and an outside diameter when the shaft projects through the openings of the first and second seal elements and the washer opening (As shown below); and wherein the washer opening of the washer and the openings of the first and second seal elements are smaller than the outside diameter of the shaft to form respective interference fit with the shaft.
D2 teaches a seal assembly with washer 2, 9 having an opening to accommodate the shaft 13, and washer contacts the shaft 13 and elastomer track 11 to provide effective sealing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a washer such that the washer is in contact with the first seal element and the retaining wall, the washer comprising an outside perimeter and an inside perimeter defining a washer opening, and the washer opening of the washer and the openings of the first and second seal elements are smaller than the outside diameter of the shaft to form respective interference fit with the shaft, as taught by D2 with a reasonable expectation of success of providing an effective sealing system.
D1 modified with features of D2 teaches the claimed limitations.
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For claim 2, the combination teaches the seal system of claim 1, but does not disclose wherein the washer is a first washer and further comprising a second washer spaced from the first washer, the second washer comprising an outside perimeter and an inside perimeter defining a washer opening configured to receive a shaft (D2 teaches two washers 2, 9 in Figure 3. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a first washer and a second washer spaced from the first washer, the second washer comprising an outside perimeter and an inside perimeter defining a washer opening configured to receive a shaft, as taught by D2 with a reasonable expectation of success of providing an effective sealing system.)
For claim 4, D1 discloses the seal system of claim 1, wherein part of the locking ring is located in the spring cavity of the first seal element and part of the locking ring is located in the spring cavity of the second seal element (As shown above.)
For claim 5, D1 discloses the seal system of claim 4, wherein the flange section contacts the interior surface of the housing cylinder (As shown above.)
For claim 6, D1 discloses the seal system of claim 1, wherein the locking ring is a first locking ring and further comprising a second locking ring, and wherein at least part of the second locking ring is located in the spring cavity of the second seal element (AS shown above.)
For claim 7, D1 discloses the seal system of clam 6, further comprising a canted coil spring biasing (490, 492 in Figure 31) against the second locking ring and the inside flange of the second seal element.
For claim 8, the combination teaches the seal system of claim 7, wherein the washer is a first washer and further comprising a second washer in contact with the second seal element (D2 teaches a seal assembly with washer 2, 9 having an opening to accommodate the shaft 13, and washer contacts the shaft 13 and elastomer track 11 to provide effective sealing. D1 modified with D2 teaches the claimed limitation the washer is a first washer and further comprising a second washer in contact with the second seal element.)
11. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Balsells, US 6,264,205) in view of D2 (Dahlhaus-Preussler et al., US Pub. App. 2018-0313449) and further in view of D3 (Wheelock, US 3,829,106).
For claim 3, D1 modified with D2 teaches the seal system of claim 2, but does not disclose further comprising a retaining disc having a surface pressed against the second washer.
D3 teaches a seal system with retaining ring 20 to locate and hold back the back-up ring 19 in chamber 13 to provide an effective sealing arrangement. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a retaining ring such that the retaining ring having a surface pressed against the second washer, as taught by D3 with a reasonable expectation of success of holding the components of seal assembly within the cylinder bore.
12. Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Balsells, US 6,264,205) in view of D2 (Dahlhaus-Preussler et al., US Pub. App. 2018-0313449) and further in view of D4 (Hocker et al., US 7,959,159).
For claim 9, the combination teaches the seal system of claim 2, but does not disclose wherein the first washer comprises a memory lip having a curved portion at the opening.
D4 teaches a seal assembly with memory sealing lip (Col. 1, L 30-35) to provide an effective sealing environment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the washer taught by the combination of D1 and D2, with a memory lip, such that the first washer comprises a memory lip having a curved portion at the opening in view of D4 with reasonable expectation of success of having an effective sealing environment.
For claim 10, the combination teaches the seal system of claim 9, but does not disclose wherein the second washer comprises a memory lip having a curved portion at the opening.
D4 teaches a seal assembly with memory sealing lip (Col. 1, L 30-35) to provide an effective sealing environment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the washer taught by the combination of D1 and D2, with a memory lip, such that the second washer comprises a memory lip having a curved portion at the opening in view of D4 with reasonable expectation of success of having an effective sealing environment.
13. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Balsells, US 6,264,205) in view of D2 (Dahlhaus-Preussler et al., US Pub. App. 2018-0313449) and D4 (Hocker et al., US 7,959,159), and further in view of D5 (Balsells, US 5,265,890).
For claim 11, the combination teaches the seal system of claim 10, but does not disclose further comprising grease disposed in the spring cavity of the first seal element.
D5 teaches a seal system with grease in the spring cavity to increase the usable life of the seal (Col. 3, L 52-58). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 to include grease such that the grease is disposed in the spring cavity of the first seal element, as taught by D5 with a reasonable expectation of success of increasing the usable life of the seal.
14. Claim(s) 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Balsells, US 6,264,205) in view of D2 (Dahlhaus-Preussler et al., US Pub. App. 2018-0313449) and D5 (Balsells, US 5,265,890).
For claim 12, D1 discloses a seal system comprising:
a housing cylinder having a body, an interior surface defining a bore, a retaining end having a retaining wall at one end of the bore, and an insertion end at an opposite end of the bore (As shown above);
a first seal assembly located in the bore of the housing cylinder, the first seal assembly comprising a first seal element, a locking ring (shown as 1st locking ring) comprising a flange section, and an energizer; wherein the first seal element comprising a first spring cavity formed by an inside flange, an outside flange, and a center channel section, and wherein the inside flange defining an first inside diameter (As shown above. The space that accommodates the first energizer defines the spring cavity, and the space between the inside flange and flange of the first locking ring defines the center channel section. The inside flange of the first seal element has a first inside diameter to accommodate the shaft.);
a second seal assembly located in the bore of the housing cylinder, the second seal assembly comprising a second seal element having a second spring cavity defined by an outside flange, a center channel section, and an inside flange, and wherein the inside flange defining a second inside diameter (As shown above. The space that accommodates the second energizer defines the spring cavity, and the space between the inside flange and flange of the second locking ring defines the center channel section. The inside flange of the second seal element has a second inside diameter to accommodate the shaft.);
a washer spaced from the retaining wall, the washer comprising an outside perimeter and an inside perimeter defining a washer opening; wherein the first inside diameter, the second inside diameter, and the washer opening are configured to receive a shaft having a length and an outside; and
service grease disposed in the first spring cavity.
D2 teaches a seal assembly with washer 2, 9 having an opening to accommodate the shaft 13, and washer contacts the shaft 13 and elastomer track 11 to provide effective sealing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a washer such that the washer spaced from the retaining wall, the washer comprising an outside perimeter and an inside perimeter defining a washer opening; wherein the first inside diameter, the second inside diameter, and the washer opening are configured to receive a shaft having a length and an outside, as taught by D2 with a reasonable expectation of success of providing an effective sealing system.
D5 teaches a seal system with grease in the spring cavity to increase the usable life of the seal (Col. 3, L 52-58). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 to include grease such that the grease is disposed in the first spring cavity, as taught by D5 with a reasonable expectation of success of increasing the usable life of the seal.
D1 modified with features of D2 and D5 teaches the claimed limitations.
For claim 13, the combination teaches the seal system of claim 12, wherein the washer opening, the first inside diameter, and the second inside diameter are smaller than the outside diameter of the shaft to form respective interference fit with the shaft when the shaft is located therein (D2 teaches, in Figure 3, washer 2 and 9 with the first inside diameter, and the second inside diameter are smaller than the outside diameter of the shaft. D1 modified with D2 teaches the claimed limitations.)
For claim 14, D1 discloses the seal system of claim 12, wherein the first seal element and the locking ring are mechanically engaged at the outside flange of the first seal element (As shown above, and Figure 31.)
For claim 15, Di discloses the seal system of claim 14, wherein the second seal element and the locking ring are mechanically engaged at the outside flange of the second seal element (As shown above, and Figure 31.)
For claim 16, D1 discloses the seal system of claim 14, wherein the locking ring is a first locking ring, and further comprising a second locking ring mechanically engaged at the outside flange of the second seal element (As shown above, and Figure 31.)
15. Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Balsells, US 6,264,205) in view of D2 (Dahlhaus-Preussler et al., US Pub. App. 2018-0313449) and D5 (Balsells, US 5,265,890), and further in view of D6 (Ryther et al., US Pub. App. 2019-0107204).
For claim 17, the combination teaches the seal system of claim 12, but does not disclose further comprising an excluder at an end of the center channel section of the first seal element, wherein the excluder is located adjacent an annular recess.
D6 teaches a seal system with excluder 80, 14 to prevent contaminants contacting the sealing lip 20 (Para. [0029].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with an excluder, such that the excluder at an end of the center channel section of the first seal element, wherein the excluder is located adjacent an annular recess, as taught D6 with a reasonable expectation of success of preventing contaminants contacting the seal assembly.
For claim 18, the combination teaches the seal system of claim 17, wherein the excluder has a fin-like cross-section having an inside diameter with a dimension that is smaller than the outside diameter of the shaft (D6 teaches an excluder with an inside diameter with a dimension that is smaller than the outside diameter of the shaft. D1 modified with D6 teaches the claimed limitations.)
16. Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Balsells, US 6,264,205) in view of D2 (Dahlhaus-Preussler et al., US Pub. App. 2018-0313449) and D5 (Balsells, US 5,265,890), and further in view of D4 (Hocker et al., US 7,959,159).
For claim 19, the combination teaches the seal system of claim 12, but does not disclose wherein the washer comprises a memory lip having a curved portion at the opening.
D4 teaches a seal assembly with memory sealing lip (Col. 1, L 30-35) to provide an effective sealing environment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the washer taught by the combination of D1 and D2, with a memory lip, such that the washer comprises a memory lip having a curved portion at the opening in view of D4 with reasonable expectation of success of having an effective sealing environment.
17. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Balsells, US 6,264,205) in view of D2 (Dahlhaus-Preussler et al., US Pub. App. 2018-0313449), D7 (Lewis, US Pub. App. 2010-0052259), and D3 (Wheelock, US 3,829,106).
For claim 20, D1 discloses a seal system comprising:
a cylinder having a body, an interior surface defining a bore, a retaining end having a retaining wall at one end of the bore, and an insertion end at an opposite end of the bore (As shown above);
a seal assembly located in the bore of the cylinder, the seal assembly comprising a seal element, a locking ring comprising a flange section, and an energizer (As shown above);
wherein the seal element comprises a spring cavity formed by an inside flange, an outside flange, and a center channel section, and wherein the inside flange defining an inside (As shown below. The space that accommodates the first energizer defines the spring cavity, and the space between the inside flange and flange of the first locking ring defines the center channel section.);
a wedge sealing washer located between the retaining wall and the seal assembly, the wedge sealing washer having a surface that is orthogonal to an axis of a shaft and a tapered surface that is angled to the axis of the shaft when mounted onto the shaft, the wedge sealing washer comprising an outside perimeter and an inside perimeter defining an opening; and
a sealing washer located between a retaining disc and the seal assembly, the sealing washer comprising an outside perimeter and an inside perimeter defining an opening.
D2 teaches a seal assembly with washer 2, 9 having an opening to accommodate the shaft 13, and washer has an outside perimeter and an inside perimeter defining an opening. The washer contacts the shaft 13 and elastomer track 11 to provide effective sealing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a washer such that the washer has an outside perimeter and an inside perimeter defining an opening, as taught by D2 with a reasonable expectation of success of providing an effective sealing system.
D7 teaches a wedge shaped sealing ring 116 (sealing washer) with a surface that is orthogonal to an axis of a shaft and a tapered surface that is angled to the axis of the shaft when mounted onto the shaft, the wedge sealing washer comprising an outside perimeter and an inside perimeter defining an opening. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a washer such that the washer is located between the retaining wall and the seal assembly, the wedge sealing washer having a surface that is orthogonal to an axis of a shaft and a tapered surface that is angled to the axis of the shaft when mounted onto the shaft, the wedge sealing washer comprising an outside perimeter and an inside perimeter defining an opening, as taught by D7 with a reasonable expectation of success of providing an effective sealing system.
D3 teaches a seal system with retaining ring 20 to locate and hold back the back-up ring 19 in chamber 13 to provide an effective sealing arrangement. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a retaining ring, as taught by D3 with a reasonable expectation of success of holding the components of seal assembly within the cylinder bore.
D1 modified with features of D2, D3, and D7 teaches the claimed limitations.
Conclusion
18. Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides examples of similar inventions. There are no suggestions in the prior art of record for combining any of the references to arrive at as claimed. A few of the prior art cited but not applied includes Cook (US 8,096,559); Schapel (US 7,464,750); and Bock (US 7,086,275).
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.
19. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
Examiner interviews are available via telephone, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KRISTINA FULTON can be reached at 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675
Prosecution Insights