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 filed 04/15/2026 have been fully considered but they are not persuasive.
Applicant argues that Burckhardt Col 2 Lines 57 – 65 does not disclose a retracted state of the seal of figure 5, but discloses installation of the seal of fig 2 which does not share the geometry of examiner annotated fig 5, with upper seal surface, the lower seal surface and the outer seal surface with folds.
Examiner notes that Burckhardt figs 2 and 3 disclose retraction and compression of the seal. Figure 5 with upper seal surface, the lower seal surface and the outer seal surface with folds, is also configured to disclose retraction and compression of the seal similar to figs 2 and 3 when the upper and lower annular seal surfaces (even with a different structure of upper and lower annular seal surfaces) are at a first distance from each other or compressed towards each other.
Applicant argues that Burckhardt does not disclose the deployable member and the seal member to be within the interior of the seal body, which the seal body is defined by the upper and the lower seal surfaces and the peripheral outer seal surface.
Examiner notes that Burckhardt discloses the deployable member and the seal member to be radially inside the interior of the seal body as seen in examiner annotated fig 5 below, which the seal body is defined by the upper and the lower seal surfaces and the peripheral outer seal surface.
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.
Claims 1 – 3, 5 – 11 and 13 - 15 are rejected under 35 U.S.C. 103 as being unpatentable over Burckhardt et al. (U.S. Patent # 3707852) alone.
Regarding Claim 1, Burckhardt discloses a seal (1, fig 5) for providing sealing between two mating parts of a system (6, 5), the seal comprising :
an annular seal body defining an upper ( as seen in examiner annotated fig 5 below) and a lower annular seal surface ( as seen in examiner annotated fig 5 below) and a peripheral outer seal surface ( as seen in examiner annotated fig 5 below) between the upper and lower seal surfaces ( as seen in examiner annotated fig 5 below), the upper and lower seal surfaces and the peripheral outer seal surface defining an interior of the seal body (interior of 1 defined by the surfaces as seen in examiner annotated fig 5 below); and
a deployable member ( as seen in examiner annotated fig 5 below) located within, and circumferentially around, the interior of the seal body ( as seen in examiner annotated fig 5 below), each deployable member being fixed, at a first end, to the interior of the seal body ( as seen in examiner annotated fig 5 below), and having a seal member mounted to an outer end opposite the first end ( as seen in examiner annotated fig 5 below), the deployable member configured to be located in retracted state within the interior of the seal body when the upper and lower annular seal surfaces are at a first distance from each other, and configured to deploy to extend the seal member out of the interior of the seal body as the upper and lower annular seal surfaces are compressed towards each other (Col 2 Lines 57 – 65: fig 3 similar to fig 5, deployable member configured to be located in retracted state within the interior of the seal body when the upper and lower annular seal surfaces are at a first distance from each other, and configured to deploy to extend the seal member out of the interior of the seal body as the upper and lower annular seal surfaces are compressed towards each other).
Burckhardt does not disclose a plurality of deployable members.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to comprise a plurality of deployable members, as it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art, to provide flexibility to the seal member during deployment of the seal member. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. See also, MPEP § 2144.05 which states: In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
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Regarding Claim 2, Burckhardt discloses the seal, further comprising a guide member ( as seen in examiner annotated fig 5 above) arranged around the inner periphery of the annular seal body at locations corresponding to locations of the deployable members in the interior ( as seen in examiner annotated fig 5 above), the guide member configured to provide a guide surface ( surface of the guide member as seen in examiner annotated fig 5 above) to the deployable member as it deploys, to position the seal member, when deployed, in a lower position relative to the annular seal body lower surface (Col 2 Lines 57 – 65: fig 3 similar to fig 5, the guide member configured to provide a guide surface to the deployable member as it deploys, to position the seal member, when deployed, in a lower position relative to the annular seal body lower surface).
Burckhardt does not disclose a plurality of guide members.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to comprise a plurality of guide members, as it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art, to guide the plurality of deployable members during deployment of the seal member. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. See also, MPEP § 2144.05 which states: In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding Claim 3, Burckhardt discloses the seal, wherein each deployable member comprises two or more relatively foldable or pivotable sections between the first end and the seal member (two foldable sections of deployable member as seen in examiner annotated fig 5 above).
Regarding Claim 5, Burckhardt discloses the seal, further comprising one or more ridges extending outwardly from the annular upper seal surface ( as seen in examiner annotated fig 5 above).
Regarding Claim 6, Burckhardt discloses the seal, wherein the peripheral outer seal surface comprises folds defining outwardly extending fold edges (edges of folds as seen in examiner annotated fig 5 above).
Regarding Claim 7, Burckhardt discloses the seal, wherein the seal is made of metal (guide member of the seal is made of metal).
Regarding Claim 8, Burckhardt discloses the seal.
Burckhardt does not disclose wherein the seal is made by 3D printing.
This recitation of the process step of 3D printing of the claimed invention does not result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. Since either process step(s) will result in the same product, the reference therefore is capable of meeting the claim limitations regarding the process step(s) rendering them unobvious and not patentably distinct.
Regarding Claim 9, Burckhardt discloses the seal, wherein the seal is 3D printed as a monolithic body ( 1 is monolithic).
Regarding Claim 10, Burckhardt discloses a method of sealing an interface between two mating parts (5, 6, fig 5), the method comprising locating a seal on one of the two component parts at the interface location (seal 1on shaft 5); bringing the other mating part into engagement with the one mating part with the seal therebetween (6 engages with 5 with 1 between them); bringing the mating parts into closer mating engagement causing compression of the annular seal body therebetween (compression of 1), compression of the annular seal body causing deployment of the deployable member such that the seal member locates, under tension, in a gap between the first and second mating parts to form a primary seal therebetween (compression of 1 causing deployment of deployable member with 2 under tension ), and wherein the peripheral outer seal surface in a compressed state forms a secondary seal between the mating parts (peripheral outer seal surface forming a secondary seal).
Regarding Claim 11, Burckhardt discloses the method, wherein the mating parts comprise mating parts of a gas or fluid system (Col 3, Lines 3 – 7 – liquid lubricant).
Regarding Claim 13, Burckhardt discloses the seal, wherein the peripheral outer seal surface has a first height in the retracted state and a second height less than the first height in response to the seal member being extended ( the peripheral outer seal surface has a first height in the retracted state, when shaft 5 and joint part 6 of fig 5 are not compressed and, a second height less than the first height in response to the seal member being extended, when shaft 5 and joint part 6 of fig 5 are compressed).
Regarding Claim 14, Burckhardt discloses the seal, wherein, in response to the peripheral outer seal being in the retracted state, the plurality of deployable members are contained radially within the annular seal of deployable members extend at least partially beyond the annular seal body in a radial direction (the plurality of deployable members are contained radially within the annular seal of deployable members extend at least partially beyond the annular seal body in a radial direction, deployable member extend partially radially beyond the seal body defined by the upper seal surface, lower seal surface and the peripheral outer seal surface as seen in examiner annotated fig 5 above).
Regarding Claim 15, Burckhardt discloses the seal, wherein the plurality of deployable members are configured to deploy radially inward to extend the seal member radially beyond the interior of the seal body as the upper and lower annular seal surfaces are compressed towards each other (deployable member extend partially radially beyond the seal body defined by the upper seal surface, lower seal surface and the peripheral outer seal surface as seen in examiner annotated fig 5 above during compression of the upper and the lower seal surfaces).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Burckhardt in view of Reiner (U.S. Patent # 20120219716).
Regarding Claim 4, Burckhardt discloses the seal.
Burckhardt does not disclose wherein the seal member has an inverted V- or an inverted Y- shape.
However, Reiner teaches wherein the seal member has an inverted V- or an inverted Y- shape (inverted V-shape of seal member 1 at 2 and 4, fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the seal member of Burckhardt with the shape of the seal member of Reiner with a reasonable expectation of success so that the seal member with the inverted V-shape protects the area between the two contact points (Reiner Para 0048).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Burckhardt in view of Wada et al. (U.S. Patent # 5183271).
Regarding Claim 12, Burckhardt discloses the method.
Burckhardt does not disclose wherein the mating parts engage via a threaded connection wherein the seal member extends, in the deployed state, into a start of the thread.
However, Wada teaches wherein the mating parts engage via a threaded connection wherein the seal member extends, in the deployed state, into a start of the thread (2 and 3 engage via a threaded connection 15 of seal 1, fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the seal member of Burckhardt with the threaded grooves as in Wada with a reasonable expectation of success so that the threaded grooves provide pumping function to the seal.
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 extension fee 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 L. SUSMITHA KONERU whose telephone number is (571) 270-5333. The examiner can normally be reached on Monday – Friday from 9 A.M.- 4 P.M.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached on 571.272.8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L. K./
Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675