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 claims 2 - 21 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 § 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 2, 5 – 12, 14, 15, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nemoto et al. (U.S. Patent # 4121844) in view of Kopsie et al. (U.S. Patent # 9790983) and in further view of Bernhardt et al. (U.S. PG Pub # 20060182491).
Regarding Claim 2, Nemoto discloses a sealing member having a first end portion ( as seen in examiner annotated fig 1 below) and a second end portion ( as seen in examiner annotated fig 1 below) opposite the first end portion ( as seen in examiner annotated fig 1 below), the sealing member comprising:
a semi-flexible body (41 made of rubber which is semi-rigid) defining a first opening at the first end portion of the sealing member (first opening of 41 at the first end portion as seen in examiner annotated fig 1 below) and a second opening at the second end portion of the sealing member ( second opening at the second end portion as seen in examiner annotated fig 1 below);
a first ring fitted to the semi-flexible body at the first end portion of the sealing member ( as seen in examiner annotated fig 1 below), the first ring being made of material more rigid than material of the semi- flexible body (Col 3 Lines 57 – 58); and
a second ring fitted to the semi-flexible body at the second end portion of the sealing member ( as seen in examiner annotated fig 1 below), the second ring being made of material more rigid than material of the semi-flexible body (Col 4 Lines 1 – 4),
wherein a first diameter of the first ring is less than a second diameter of the second ring ( as seen in examiner annotated fig 1 below),
wherein the semi-flexible body has a flange that extends radially outward ( as seen in examiner annotated fig 1 below), away from a central longitudinal axis of the sealing member ( as seen in examiner annotated fig 1 below), at a second end portion of the semi-flexible body associated with the second end portion of the sealing member ( as seen in examiner annotated fig 1 below),
wherein the second ring has a bottom end surface, an upper end surface opposite the bottom end surface, a radially inward facing surface, and a radially outward facing surface opposite the radially inward facing surface ( bottom end surface, upper end surface, radially inward facing surface, and radially outward facing surface of second ring as seen in examiner annotated fig 1 below);
wherein the upper end surface of the second ring is covered by the semi-flexible body (upper end surface of the second ring is covered by the semi-flexible body of 41), and a first portion of the radially outward facing surface of the second ring is covered by the semi-flexible body (first portion of the radially outward facing surface of the second ring is covered by the semi-flexible body of 41),
wherein the bottom end surface of the second ring is free of any pressure relief grooves ( the bottom end surface of the second ring is free of any pressure relief grooves as seen in examiner annotated fig 1 below),
wherein the sealing member has a width thereof greater than a height thereof (width of sealing member greater than the height),
wherein the flange overlaps a portion of the second ring in a side elevational view of the sealing member (flange overlaps a portion of the second ring in a side elevational view of the sealing member as seen in examiner annotated fig 1 below).
Nemoto does not disclose wherein the second end portion of the sealing member includes a plurality of pressure relief grooves each extending in a radial direction relative to the central longitudinal axis of the sealing member,
wherein the radially outward facing surface of the second ring extends in a direction parallel to the central longitudinal axis of the sealing member from the upper end surface to the bottom end surface of the second ring.
However, Kopsie teaches wherein the second end portion of the sealing member includes a plurality of pressure relief grooves (grooves between 52, figs 8 and 9) each extending in a radial direction relative to the central longitudinal axis of the sealing member (52 extend radially relative to the central longitudinal axis of 50, fig 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the second end portion of the sealing member of Nemoto with the grooves of Kopsie with a reasonable expectation of success so that the teeth and the grooves between the teeth resist pull out of the sealing member (Kopsie Col 4 Lines 10 – 13).
Nemoto does not disclose wherein the radially outward facing surface of the second ring extends in a direction parallel to the central longitudinal axis of the sealing member from the upper end surface to the bottom end surface of the second ring.
However, Bernhardt teaches wherein the radially outward facing surface of the second ring (radial outer surface of 16, fig 2) extends in a direction parallel to the central longitudinal axis of the sealing member (radial outer surface of 16 parallel to the longitudinal axis of 8) from the upper end surface to the bottom end surface of the second ring ( radial outer surface of 16 parallel to the longitudinal axis of 8 from the upper end surface to the bottom end surface of the second ring 16, fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the second ring of the sealing member of Nemoto to be parallel to the longitudinal axis of the sealing member as in Bernhardt with a reasonable expectation of success so that the second ring is shaped such that it exactly matches the contours of the sealing member (Bernhardt Para 0028).
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Regarding Claim 5, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member, wherein the first ring and the second ring have cross-sectional shapes that are different from each other (Nemoto – first and second rings have different cross-sectional shapes).
Regarding Claim 6, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member, wherein a radially outward facing surface of the first ring extends in the direction parallel to the central longitudinal axis of the sealing member along its entire height ( Nemoto - radially outward facing surface of the first ring extends in the direction parallel to the central longitudinal axis of the sealing member along its entire height), and the upper surface of the second ring and an upper surface of the first ring extend in a direction perpendicular to the direction parallel to the central longitudinal axis along respective entire lengths thereof (Nemoto - upper surface of the first ring extend in a direction perpendicular to the direction parallel to the central longitudinal axis).
Nemoto does not disclose the upper surface of the second ring extend in a direction perpendicular to the direction parallel to the central longitudinal axis along the entire length.
However, Bernhardt teaches the upper surface of the second ring extend in a direction perpendicular to the direction parallel to the central longitudinal axis along the entire length (upper surface of 16, fig 2 extend in a direction perpendicular to the direction parallel to the central longitudinal axis along the entire length).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the upper surface of the second ring of the sealing member of Nemoto to be perpendicular to the direction parallel to the central longitudinal axis of the sealing member as in Bernhardt with a reasonable expectation of success so that the second ring is shaped such that it exactly matches the contours of the sealing member (Bernhardt Para 0028).
Regarding Claim 7, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member, wherein the second ring extends below the flange in a direction parallel to the central longitudinal axis of the sealing member (Nemoto - second ring extends below the flange in a direction parallel to the central longitudinal axis of the sealing member).
Regarding Claim 8, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing, wherein the flange has a thickness in a direction parallel to the central longitudinal axis of the sealing member greater than or equal to a length of the flange in the radially outward direction (Nemoto - flange has a thickness in a direction parallel to the central longitudinal axis of the sealing member greater than or equal to a length of the flange in the radially outward direction).
Regarding Claim 9, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member.
The combination of Nemoto, Kopsie and Bernhardt does not disclose wherein the flange has a length in the radially outward direction greater than a thickness of the flange in a direction parallel to the central longitudinal axis of the sealing member.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to contrive any number of desirable ranges for the ratio of the thickness and the length of the flange limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, to provide integral relationship with the second ring embedded inside the flange. In re Aller, 105 USPQ 233.
Regarding Claim 10, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member, wherein each of the semi-flexible body, the first ring, and the second ring is circular in an end plan view of the sealing member ( Nemoto – body of 40, first ring and second ring are annular).
Regarding Claim 11, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member, wherein a neck portion of semi-flexible body at the first end portion of the sealing member has a plurality of beads (Nemoto 44a) on an inner diameter thereof (Nemoto fig 1), and the plurality of beads are spaced from each other in a direction parallel to a longitudinal axis of the sealing member (Nemoto 44a spaced in a direction parallel to a longitudinal axis of the sealing member).
Regarding Claim 12, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member, wherein the flange extends around an entirety of a circumference of the sealing member at the second end portion of the sealing member (Nemoto – flange is annular and extends around an entirety of a circumference of the sealing member at the second end portion of the sealing member).
Regarding Claim 14, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member, wherein the bottom end surface of the second ring is free of any pressure relief grooves (Nemoto - the bottom end surface of the second ring is free of any pressure relief grooves).
Regarding Claim 15, Nemoto discloses a joint assembly (fig 1) comprising: a pivot (12) configured to pivot relative to a rotational axis ( 12 pivots around 14); a boss (60, fig 6 same as fig 1); and a sealing member having a first end portion coupled to the boss ( as seen in examiner annotated fig 1 below) and a second end portion ( as seen in examiner annotated fig 1 below) opposite the first end portion coupled to the pivot ( as seen in examiner annotated fig 1 below),
wherein the sealing member includes: a semi-flexible body (41 made of rubber) defining a first opening at the first end portion of the sealing member ( first opening of 41 at the first end portion ( as seen in examiner annotated fig 1 below) and a second opening at the second end portion of the sealing member ( second opening of 41 at the second end portion ( as seen in examiner annotated fig 1 below);
a first ring fitted to the semi-flexible body at the first end portion of the sealing member ( as seen in examiner annotated fig 1 below), the first ring being made of material more rigid than material of the semi- flexible body (Col 3 Lines 57 – 58); and
a second ring fitted to the semi-flexible body at the second end portion of the sealing member ( as seen in examiner annotated fig 1 below), the second ring being made of material more rigid than material of the semi-flexible body (Col 4 Lines 1 – 4),
wherein a first diameter of the first ring is less than a second diameter of the second ring ( as seen in examiner annotated fig 1 below),
wherein the semi-flexible body has a flange that extends radially outward ( as seen in examiner annotated fig 1 below), away from a central longitudinal axis of the sealing member, at a second end portion of the semi-flexible body associated with the second end portion of the sealing member ( as seen in examiner annotated fig 1 below),
wherein the second ring has a bottom end surface, an upper end surface opposite the bottom end surface, a radially inward facing surface, and a radially outward facing surface opposite the radially inward facing surface ( as seen in examiner annotated fig 1 below),
wherein the upper end surface of the second ring is covered by the semi-flexible body (upper end surface of the second ring is covered by the semi-flexible body of 41), and a first portion of the radially outward facing surface of the second ring is covered by the semi-flexible body (first portion of the radially outward facing surface of the second ring is covered by the semi-flexible body of 41),
wherein the bottom end surface of the second ring is free of any pressure relief grooves ( the bottom end surface of the second ring is free of any pressure relief grooves as seen in examiner annotated fig 1 below),
wherein the sealing member has a width thereof greater than a height thereof (width of sealing member greater than the height),
wherein the flange overlaps a portion of the second ring in a side elevational view of the sealing member (flange overlaps a portion of the second ring in a side elevational view of the sealing member as seen in examiner annotated fig 1 below).
Nemoto does not disclose wherein the radially outward facing surface of the second ring extends in a direction parallel to the central longitudinal axis of the sealing member from the upper end surface to the bottom end surface of the second ring.
However, Bernhardt teaches wherein the radially outward facing surface of the second ring (radial outer surface of 16, fig 2) extends in a direction parallel to the central longitudinal axis of the sealing member (radial outer surface of 16 parallel to the longitudinal axis of 8) from the upper end surface to the bottom end surface of the second ring ( radial outer surface of 16 parallel to the longitudinal axis of 8 from the upper end surface to the bottom end surface of the second ring 16, fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the second ring of the sealing member of Nemoto to be parallel to the longitudinal axis of the sealing member as in Bernhardt with a reasonable expectation of success so that the second ring is shaped such that it exactly matches the contours of the sealing member (Bernhardt Para 0028).
Regarding Claim 17, the combination of Nemoto, Kopsie and Bernhardt discloses the joint assembly, wherein a radially outward facing surface of the first ring extends in the direction parallel to the central longitudinal axis of the sealing member along its entire height, and the upper surface of the second ring and an upper surface of the first ring extend in a direction perpendicular to the direction parallel to the central longitudinal axis along respective entire lengths thereof ( See rejection to Claim 6).
Regarding Claim 19, Nemoto discloses a sealing member having a first end portion ( as seen in examiner annotated fig 1 below) and a second end portion ( as seen in examiner annotated fig 1 below) opposite the first end portion ( as seen in examiner annotated fig 1 below), the sealing member comprising:
a semi-flexible body ( 41 made of rubber) defining a first opening at the first end portion of the sealing member ( first opening of 41 at the first end portion as seen in examiner annotated fig 1 below) and a second opening at the second end portion of the sealing member (second opening of 41 at the second end portion as seen in examiner annotated fig 1 below);
a first ring fitted to the semi-flexible body at the first end portion of the sealing member ( as seen in examiner annotated fig 1 below), the first ring being made of material more rigid than material of the semi- flexible body (Col 3 Lines 57 – 58); and
a second ring fitted to the semi-flexible body at the second end portion of the sealing member ( as seen in examiner annotated fig 1 below), the second ring being made of material more rigid than material of the semi-flexible body (Col 4Lines 1 – 4),
wherein a first diameter of the first ring is less than a second diameter of the second ring ( as seen in examiner annotated fig 1 below),
wherein the semi-flexible body has a flange that extends radially outward ( as seen in examiner annotated fig 1 below), away from a central longitudinal axis of the sealing member, at a second end portion of the semi-flexible body associated with the second end portion of the sealing member ( as seen in examiner annotated fig 1 below),
wherein the second ring has a bottom end surface, an upper end surface opposite the bottom end surface, a radially inward facing surface, and a radially outward facing surface opposite the radially inward facing surface ( as seen in examiner annotated fig 1 below),
wherein the bottom end surface of the second ring forms a bottom most portion of the sealing member ( as seen in examiner annotated fig 1 below),
wherein the upper end surface of the second ring is covered by the semi-flexible body ( as seen in examiner annotated fig 1 below), and a first portion of the radially outward facing surface of the second ring is covered by the semi-flexible body ( as seen in examiner annotated fig 1 below),
wherein the bottom end surface of the second ring is free of any pressure relief grooves ( as seen in examiner annotated fig 1 below),
wherein the flange overlaps a portion of the second ring in a side elevational view of the sealing member ( as seen in examiner annotated fig 1 below), and
Nemoto does not disclose wherein the radially outward facing surface of the second ring extends in a direction parallel to the central longitudinal axis of the sealing member from the upper end surface to the bottom end surface of the second ring.
However, Bernhardt teaches wherein the radially outward facing surface of the second ring (radial outer surface of 16, fig 2) extends in a direction parallel to the central longitudinal axis of the sealing member (radial outer surface of 16 parallel to the longitudinal axis of 8) from the upper end surface to the bottom end surface of the second ring ( radial outer surface of 16 parallel to the longitudinal axis of 8 from the upper end surface to the bottom end surface of the second ring 16, fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the second ring of the sealing member of Nemoto to be parallel to the longitudinal axis of the sealing member as in Bernhardt with a reasonable expectation of success so that the second ring is shaped such that it exactly matches the contours of the sealing member (Bernhardt Para 0028).
Nemoto does not disclose wherein the second end portion of the sealing member includes a plurality of pressure relief grooves each extending in a radial direction relative to the central longitudinal axis of the sealing member,
wherein the radially outward facing surface of the second ring extends in a direction parallel to the central longitudinal axis of the sealing member from the upper end surface to the bottom end surface of the second ring.
However, Kopsie teaches wherein the second end portion of the sealing member includes a plurality of pressure relief grooves (grooves between 52, figs 8 and 9) each extending in a radial direction relative to the central longitudinal axis of the sealing member (52 extend radially relative to the central longitudinal axis of 50, fig 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the second end portion of the sealing member of Nemoto with the grooves of Kopsie with a reasonable expectation of success so that the teeth and the grooves between the teeth resist pull out of the sealing member (Kopsie Col 4 Lines 10 – 13).
Allowable Subject Matter
Claims 3, 4, 13, 16, 18, 20 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: The prior art does not disclose or fairly suggest the sealing member as claimed in independent claims of the application. The examiner can find no motivation to combine or modify the reference without the use of impermissible hindsight.
Regarding Claim 3, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member.
The prior art does not disclose wherein a second portion of the radially outward facing surface of the second ring, which is different from the first portion of the radially outward facing surface, is uncovered by the semi-flexible body.
Regarding Claim 4, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member.
The prior art does not disclose wherein the bottom end surface of the second ring is entirely below the flange in a direction parallel to the central longitudinal axis of the sealing member.
Regarding Claim 13, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member, wherein the upper end surface of the second ring is entirely covered by the semi-flexible body (Nemoto - the upper end surface of the second ring is entirely covered by the semi-flexible body).
The prior art does not disclose no portions of the bottom end surface and the radially inward facing surface are covered by the semi-flexible body,
a bottom portion of the radially outward facing surface is not covered by the semi- flexible body and the bottom end surface of the second ring forms a bottom most portion of the sealing member.
Regarding Claim 16, the combination of Nemoto, Kopsie and Bernhardt discloses the joint assembly.
The prior art does not disclose wherein a second portion of the radially outward facing surface of the second ring, which is different from the first portion of the radially outward facing surface, is uncovered by the semi- flexible body
no portions of the bottom end surface and the radially inward facing surface are covered by the semi-flexible body, a bottom portion of the radially outward facing surface is not covered by the semi- flexible body, and
the bottom end surface of the second ring forms a bottom most portion of the sealing member.
Regarding Claim 18, the combination of Nemoto, Kopsie and Bernhardt discloses the joint assembly, wherein the bottom end surface of the second ring is free of any pressure relief grooves ( the bottom end surface of the second ring is free of any pressure relief grooves as seen in examiner annotated Nemoto fig 1 below).
The prior art does not disclose wherein the bottom end surface of the second ring is entirely below the flange in a direction parallel to the longitudinal axis of the sealing member, the second ring extends below the flange in a direction parallel to the central longitudinal axis of the sealing member.
Regarding Claim 20, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member, wherein, a radially outward facing surface of the first ring extends in the direction parallel to the central longitudinal axis of the sealing member along its entire height (as seen in examiner annotated Nemoto fig 1 below).
the upper surface of the first ring extend in a direction perpendicular to the direction parallel to the central longitudinal axis along respective entire lengths thereof (Nemoto - upper surface of the first ring extend in a direction perpendicular to the direction parallel to the central longitudinal axis).
Nemoto does not disclose the upper surface of the second ring extend in a direction perpendicular to the direction parallel to the central longitudinal axis along the entire length.
However, Bernhardt teaches the upper surface of the second ring extend in a direction perpendicular to the direction parallel to the central longitudinal axis along the entire length (upper surface of 16, fig 2 extend in a direction perpendicular to the direction parallel to the central longitudinal axis along the entire length).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the upper surface of the second ring of the sealing member of Nemoto to be perpendicular to the direction parallel to the central longitudinal axis of the sealing member as in Bernhardt with a reasonable expectation of success so that the second ring is shaped such that it exactly matches the contours of the sealing member (Bernhardt Para 0028).
The prior art does not disclose wherein a second portion of the radially outward facing surface of the second ring, which is different from the first portion of the radially outward facing surface, is uncovered by the semi- flexible body, the bottom end surface of the second ring is entirely below the flange in a direction parallel to the central longitudinal axis of the sealing member.
Regarding Claim 21, the combination of Nemoto, Kopsie and Bernhardt discloses the sealing member, wherein the upper end surface of the second ring is entirely covered by the semi-flexible body (as seen in examiner annotated Nemoto fig 1 below).
The prior art does not disclose no portions of the bottom end surface and the radially inward facing surface are covered by the semi-flexible body, a bottom portion of the radially outward facing surface is not covered by the semi- flexible body, and the bottom end surface of the second ring is free of any pressure relief grooves (as seen in examiner annotated Nemoto fig 1 below).
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Conclusion
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 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 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.
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 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.S.K/Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
Prosecution Insights