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 .
Election/Restrictions
Claim 11 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected specie, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/12/2025.
This election/restriction is made final.
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 1-10 and 12 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.
Claim 1, “resting at least partially on a rotating component”, unclear how a radial shaft sealing ring can have component which the radial shaft seal ring is capable of sealing?
Claim 5, “the element is an electrically conductive element”, unclear what applicant is trying to claim since claim 1 has an element which is intended use and not positively claimed? Furthermore applicant has not provided claim 5 similar to claim 2 to positively claim the element (compare claim 2 and 5).
Claim 6, “extends from the support ring to an element of an electric motor”, unclear how a radial shaft sealing ring can have component which the element extends towards?
Claim 6, “entire claim”, unclear what applicant is trying to claim since claim 1 has an element which is intended use and not positively claimed? Furthermore applicant has not provided claim 6 similar to claim 2 to positively claim the element (see claim 2).
Claim 7, “entire claim”, unclear what applicant is trying to claim since claim 1 has an element which is intended use and not positively claimed? Furthermore applicant has not provided claim 7 similar to claim 2 to positively claim the element (see claim 2).
Claim 8, “entire claim”, unclear what applicant is trying to claim since claim 1 has an element which is intended use and not positively claimed? Furthermore applicant has not provided claim 8 similar to claim 2 to positively claim the element (see claim 2).
Claim 9, “entire claim”, unclear what applicant is trying to claim since claim 1 has an element which is intended use and not positively claimed? Furthermore applicant has not provided claim 9 similar to claim 2 to positively claim the element (see claim 2).
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) 1-2, 4-10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Victor (US. 2191873).
Victor (figure 3 below) discloses a radial shaft sealing ring comprising a metal support ring (e.g. 38) having a first surface (e.g. 1st), an elastomer part (e.g. 40) partially surrounding the support ring (e.g. see figure below) and including a sealing lip (e.g. SL) resting at least partially on a rotating component (e.g. intended use but the radial shaft sealing ring is capable of contacting a shaft, see entire reference), wherein the first surface of the support ring is free (e.g. see figure below, 1st not having elastomer part) of the elastomer part, faces an exterior space (e.g. ES) and is configured for attachment of an element to the support ring (e.g. an element is considered to be intended use and not positively claimed, see 892 form which shows an element is capable of being attached to a metal support ring).
Regarding claim 4: Wherein the support ring further has a second surface (e.g. 2nd, figure below and the first surface is 1st) free of the elastomer part and contactable with a stationary component (e.g. the second surface is considered use and the radial shaft sealing ring of Victor is capable of contacting a stationary component).
Regarding claim 5: The element is an electrically conductive element (e.g. the element is considered to be intended use and not positively claimed, US11493133 teaches a conductive element 14 connected to 09 which in cross-section shows metallic element or JPH0134782Y2 which examiner provided translation which shows in figure 1 a conductive element attached to support ring 2 which is metallic or DE102019110734 teaches conductive element 09 in figure 4 attached to support ring 08 which is metallic).
Regarding claim 6: Wherein the electrically conductive element extends from the support ring to an element of an electric motor (e.g. the element is considered to be intended use and not positively claimed, US11493133 teaches a conductive element 14 connected to 09 which in cross-section shows metallic element or JPH0134782Y2 which examiner provided translation which shows in figure 1 a conductive element attached to support ring 2 which is metallic or DE102019110734 teaches conductive element 09 in figure 4 attached to support ring 08 which is metallic).
Regarding claim 7: Wherein the electrically conductive element is formed of a flexible conductive material (e.g. the element is considered to be intended use and not positively claimed, US11493133 teaches a conductive element 14 is flexible or JPH0134782Y2 shows in figure 1 that the conductive element 7 is flexible or DE102019110734 teaches conductive element 09 which is flexible).
Regarding claim 8: Wherein the flexible conductive material is a conductive polymer and/or a metal (e.g. . the element is considered to be intended use and not positively claimed, US11493133 teaches a conductive element 14 is conductive material in polymer or elastomeric, see description of 14 or DE102019110734A1 teaches the electrically conductive fleece is made of carbon fibers or metallic fibers).
Regarding claim 9: Wherein the conductive polymer includes polyethylene, polyaniline, polyparaphenylene and/or polypyrrole (e.g. the element is considered to be intended use and not positively claimed, US11493133 teaches a conductive element 14 is conductive material in polymer or elastomeric, see description of 14 or DE102019110734A1 teaches the electrically conductive fleece is made of carbon fibers or metallic fibers).
Regarding claim 10: Wherein the support ring has a plurality of through-holes (e.g. holes having 42) and a separate portion (e.g. 42) of the elastomer part is disposed within each one of the through-holes.
Regarding claim 12: Wherein the sealing lip has sealing structures or a spring element (e.g. 44).
PNG
media_image1.png
310
405
media_image1.png
Greyscale
Regarding claim 2 (see figure 7): Victor discloses a radial shaft sealing ring comprising a metal support ring (e.g. 82) having a first surface (e.g. outer surface of 82 having 90), an elastomer part (e.g. 80) partially surrounding the support ring (e.g. back surface of 82 is surrounded by 80) and including a sealing lip (e.g. lip of 80 contacting shaft in figure 7) resting at least partially on a rotating shaft (e.g. see shaft in figure 7), wherein the first surface of the support ring is free of the elastomer part (e.g. the outer surface is free of the elastomer part), faces an exterior space (e.g. outer surface of 82 is toward the exterior space relative to inner space which is at the shaft, figure 7) and is configured for attachment of an element to the support ring (e.g. 90 is attached on the outer surface of 82). Wherein the radial shaft sealing ring further comprises the element fastened to the support ring (e.g. 90 is fastened to the outer surface, see figure 7).
Examiner has provided alternate rejection when and if applicant positively claims the element of claim 1 in claims 5-9.
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) 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Victor in view of Stohr et al (US.11493133B2).
Victor discloses the invention as claimed above but fails to disclose the radial shaft sealing ring further comprises the element fastened to the support ring and wherein the element is fastened by glue to the support ring. Stohr teaches a radial shaft seal having a support ring (09), an elastomeric portion (e.g. 08) attached to the support ring, the support ring having a surface (e.g. surface contacted by 14) free of the elastomeric portion, the surface having a conductive element (e.g. 14) fastened thereto via glue (Stohr states, “The integrally bonded connection can be realized as an adhesive connection or by vulcanizing the conductive element 14”, see column 4, line 30-50) and the conductive element is made of elastomeric or polymeric material with conductive material (Stohr states, “The conductive element 14 consists of an electrically conductive fiber fabric embedded in an elastomer matrix. The electrically conductive fiber fabric can be made, for example, of carbon fibers, derivatives of carbon fibers, metallic fibers or filled polymer fibers.”, see column 4, line 30-50). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the radial shaft seal of Victor to have a conductive element attached to the 1st surface free of elastomer as taught by Stohr with reasonable expectation of success to provide grounding (e.g. inherent function of conductive element and further see description of 14 in Stohr).
Claim(s) 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Victor and Stohr. Alternate rejection of claims 5-9 when applicant positively claims the element.
Victor discloses the invention as claimed above but fails to disclose the radial shaft sealing ring further comprises the element is an electrically conductive element that is flexible conductive element which is a conductive polymer and/or metal that is fastened to the support ring and wherein the element is fastened by glue to the support ring. Stohr teaches a radial shaft seal having a support ring (09), an elastomeric portion (e.g. 08) attached to the support ring, the support ring having a surface (e.g. surface contacted by 14) free of the elastomeric portion, the surface having a conductive element (e.g. 14) fastened thereto via glue (Stohr states, “The integrally bonded connection can be realized as an adhesive connection or by vulcanizing the conductive element 14”, see column 4, line 30-50) and the conductive element is made of elastomeric or polymeric material with conductive material (Stohr states, “The conductive element 14 consists of an electrically conductive fiber fabric embedded in an elastomer matrix. The electrically conductive fiber fabric can be made, for example, of carbon fibers, derivatives of carbon fibers, metallic fibers or filled polymer fibers.”, see column 4, line 30-50). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the radial shaft seal of Victor to have a conductive element attached to the 1st surface free of elastomer as taught by Stohr with reasonable expectation of success to provide grounding (e.g. inherent function of conductive element and further see description of 14 in Stohr).
Regarding claim 9: Victor and Stohr discloses the claimed invention except for the conductive polymer stated in claim 9. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide polymer as stated in claim 9 with reasonable expectation of success to withstand environmental conditions (e.g. high heat or salt water or etc). Furthermore since 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. In re Leshin, 125 USPQ 416. See US20220186835, US20220235863 paragraph 0037 and further noted that polyaniline is a conductive polymer which is well known in the art of grounding elements.
Conclusion
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.
Examiner interviews are available via telephone, in-person, 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, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VISHAL A PATEL/Primary Examiner, Art Unit 3675