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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “no part of the first portion of the electrically insulating insert contacts the second portion of the electrically insulating insert” of claim 13 and “connected to a second portion of the electrically insulating insert on a second axial side of the elastically deformable member by a connecting portion of the electrically insulating insert in the at least one gap” of claim 14 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. For examining purposes, the limitations of claims 13 and 14 will be construed as being taught by the prior art.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 12 is 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 12 recites the limitations "annular band of material" in 1 and “the groove” in line two. There is insufficient antecedent basis for this limitation in the claim. For examining purposes, the limitations of claim 12 will be construed as being taught by the prior art.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4-6, and 15 is/are rejected under 35 U.S.C. 102(a)(1 or (a)(2) as being anticipated by Marsh (US 3447846).
1. Marsh teaches:
A bearing device (figs 5, 7 & 8) comprising:
a bearing (figs 5, 7 & 8) including a first ring 10 and a second ring 12 configured to rotate relative to each other (this is an inherent function since the claim is not calling for a motor or other device that one of the rings would be attached to, MPEP 2112), the second ring having a first cylindrical surface (figs 5, 7 & 8) and a second cylindrical surface (figs 5, 7 & 8) radially spaced from the first cylindrical surface (figs 5, 7 & 8),
a bushing/assembly outer ring 30 having an axial length (figs 5, 7 & 8) and a first cylindrical surface (figs 5, 7 & 8) and a second cylindrical surface (figs 5, 7 & 8) radially spaced from the first cylindrical surface of the bushing (figs 5, 7 & 8),
an elastically deformable member/helical springs 50/ring 52 located radially between the second ring and the bushing (figs 5, 7 & 8), and
an electrically insulating insert/resilient layer 32 overmolded (the resilient layer encompasses the spring/ring on all sides, figs 5, 7 & 8) between and connecting the first cylindrical surface of the bushing and the second cylindrical surface of the second ring (figs 5, 7 & 8) and contacting the elastically deformable member (figs 5, 7 & 8),
wherein the elastically deformable member radially contacts the second ring (figs 5, 7 & 8) and/or the bushing and is radially compressed relative to a free state of the elastically deformable member (figs 5, 7 & 8).
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2. Marsh teaches:
The device according to claim 1, wherein the elastically deformable member is at least partially made of an elastically deformable material (since they are spring-like).
4. Marsh teaches:
The device according to claim 1, wherein the elastically deformable member contacts the second ring and the bushing (figs 5, 7 & 8).
5. Marsh teaches:
The device according to claim 4, wherein the elastically deformable member is entirely enclosed by the second ring, the bushing and the insulating insert (figs 5, 7 & 8).
6. Marsh teaches:
The device according to claim 1, wherein the elastically deformable member is annular (figs 5, 7 & 8).
15. Marsh teaches:
An electric motor comprising: a housing, a shaft, and at least one bearing device according to claim 1 mounted radially between the housing and the shaft (all of the pieces of structure mentioned in the claim are inherent due to Marsh’s bearing is to be used in a motor, MPEP 2112 and excerpt below).
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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.
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.
Claim(s) 3, 9-11, 13 & 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marsh in view of Nemoto (US 4163617).
3. Marsh has been discussed above, re claim 1; but does not teach that the elastically deformable member is at least partially made of an electrically insulating material.
Nemoto teaches that the elastically deformable member (of Marsh but in this example dish-shaped core 56) is at least partially made of an electrically insulating material/rubber member 57 to prolong the service life of the elastically deformable member and thus the entire bearing device.
As a result, it would have been obvious to a person having ordinary skill in the art prior to the invention of Marsh being effectively filed to modify it such that the elastically deformable member is at least partially made of an electrically insulating material, as taught by Nemoto so as to prolong the service life of the bearing.
9. Marsh in view of Nemoto teach:
The device according to claim 1, wherein the elastically deformable member (of Nemoto) comprises an elastomeric material (rubber is a subset of elastomeric material).
10. Marsh in view of Nemoto teach:
The bearing device according to claim 1, wherein the elastically deformable member (Marsh) comprises an electrically insulating annular band (of Marsh in view of Nemoto) of elastomeric material (of Nemoto) compressed between the second ring and the bushing (Marsh figs 5-11) and spaced axially inward from a first axial end of the bushing (Marsh figs 5-11) and axially inward from a second axial end of the bushing (Marsh figs 5-11).
11. Marsh teaches:
The bearing device according to claim 10, wherein the bushing includes a circumferential groove 46’ open toward the second ring (fig 6); but does not teach that a first portion of the annular band of material is mounted in the groove and a second portion of the annular band projects out of the groove.
However, A person having ordinary skill in the art can clearly see that the groove in the embodiment of fig 6 can be placed to hold the elastically deformable member 52 that a first portion of the annular band of material (of Marsh in view of Nemoto) is mounted in the groove (of Marsh) and a second portion of the annular band (of Marsh in view of Nemoto) projects out of the groove (of Marsh) to ensure that the member stays in place and in contact with the outer race to maintains maximum heat transfer (excerpt below).
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As a result, it would have been obvious to a person having ordinary skill in the art prior to the invention of Marsh being effectively filed to modify it such that a first portion of the annular band of material is mounted in the groove and a second portion of the annular band projects out of the groove, as suggested by Marsh so as to prolong the service life of the bearing.
13. Marsh teaches:
The bearing device according to claim 10, wherein the elastically deformable member comprises a continuous strip of material/ring 52 separating a first portion of the electrically insulating insert from a second portion of the electrically insulating insert (figs 10 & 11) such that no part of the first portion of the electrically insulating insert contacts the second portion of the electrically insulating insert (figs 10 & 11).
14. Marsh in view of Nemoto teach:
The bearing device according to claim 10, wherein the elastically deformable member (of Marsh) comprises a strip of material having at least one gap (between the tabs 52d, Marsh fig 11) and wherein a first portion of the electrically insulating insert (of Marsh) on a first axial side of the elastically deformable member (of Marsh) is connected to a second portion of the electrically insulating insert (of Marsh) on a second axial side of the elastically deformable member (of Marsh) by a connecting portion of the electrically insulating insert in the at least one gap (of Marsh).
Claim(s) 7, 8, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marsh.
7. Marsh teaches:
The device according to claim 1, wherein the surface of the second ring or the surface of the bushing includes a circumferential groove 46’ (fig 6); but does not teach that at least a portion of the elastically deformable member is located in the circumferential groove.
However, A person having ordinary skill in the art can clearly see that the groove in the embodiment of fig 6 can be placed to hold the elastically deformable member 52 to ensure that the member stays in place and in contact with the outer race to maintains maximum heat transfer (excerpt below).
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As a result, it would have been obvious to a person having ordinary skill in the art prior to the invention of Marsh being effectively filed to modify it such that at least a portion of the elastically deformable member is located in the circumferential groove, as suggested by Marsh so as to prolong the service life of the bearing.
8. Marsh teaches:
The device according to claim 7, wherein the elastically deformable member bears radially against a bottom of the groove (as discussed above).
12. Marsh teaches:
The bearing device according to claim 1, wherein an axial width of the first portion of the annular band of material is less than an axial width of the groove (please see 112 rejection above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRANCE L KENERLY whose telephone number is (571)270-7851. The examiner can normally be reached M-F 9am-5pm.
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, Christopher Koehler can be reached at 5712723560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERRANCE L KENERLY/Primary Examiner, Art Unit 2834
