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
Applicant’s election without traverse of Group I in the reply filed on 12/23/2025 is acknowledged.
This election/restriction is made final.
Drawings
Figure 9-11 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 7 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 7, “100% or more”, unclear how one achieves more?
Claim 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: unclear how a mechanical packing sealing assembly is formed without any plurality of packing elements that seal the shaft to housing?
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lepique (DE965545, see IDS filed by applicant).
Lepique discloses a mechanical packing sealing assembly (e.g. figure) suitable for use with a fluid regulating device (e.g. intended use by the packing assembly of Lepique is capable of being used in fluid regulating device, see MPEP 2113-2114 with regard to intended use limitation) having a gland element (e.g. 2) and a stationary equipment (e.g. 3) having a recess (e.g. recess having inner diameter in 3) formed along an inner surface (e.g. inner surface), wherein the gland element is coupled to the stationary equipment by a plurality of fasteners (e.g. fasteners 4), comprising an axially movable pressure adjustment element (e.g. 1) having a main body (e.g. main body as shown in figure) that has a radially outwardly extending first flange element (e.g. 1st flange having holes that receives the fasteners 4) formed at a first end and a radially inwardly extending second flange element (e.g. 2nd flange facing arrow in figure) formed at an opposed second end and forming a piston area (e.g. piston area facing the arrow), wherein the first flange element has a plurality of fastener-receiving openings (e.g. the holes having the fasteners 4) formed therein that are sized and configured for seating the plurality of fastener (e.g. figure), and wherein the main body is sized and configured for seating within the recess formed in the stationary equipment (e.g. figure), a packing pressure adjustment element sized (e.g. 6) and configured for seating over one or more of the plurality of fasteners (e.g. figure) and configured to be positioned, when mounted over the fastener, between the first flange element and the stationary equipment (e.g. see figure), wherein the packing pressure adjustment element is axially movable along the fastener so as to selectively move the pressure adjustment element in the axial direction (e.g. nut 6 is axially adjustable), and a position locking element (e.g. 5) sized and configured for seating over one or more of the plurality of fasteners and configured to be positioned, when mounted over the fastener, between the first flange element and the gland element, and wherein the position pocking element is axially movable along the fastener and defines an axially outboard most position of the pressure adjustment element (e.g. see figure). Regarding claim 2: Wherein plurality of packing elements (e.g. 8a-8b) forming a packing assembly that are sized and configured for seating within the recess of the stationary equipment and about the pressure adjustment element.
The pressure adjustment element has an inner surface (e.g. inner surface having the packing elements) and an opposed outer surface (e.g. outer surface facing the stationary equipment). Wherein the second flange element is configured to selectively apply an axial force to a packing assembly when coupled to the main body, and wherein the pressure adjustment element is movable axially as a function of a pressure of a process fluid in the stationary equipment applied to the piston area (e.g. this is the case via 7 acting on 2 and pressure defined by arrow acting on the piston area). Wherein the gland element is configured to apply an axial pressure to the packing assembly in a first direction during use (e.g. force opposite the direction of the arrow in figure applied by the gland and 7), and wherein the second flange element is configured to selectively apply an axial force to the packing assembly in a second direction opposite to the first direction (e.g. force applied in second direction of which is the arrow). Wherein the second flange element is sized and configured for converting 100% or more of the pressure of the process fluid into the axial force applied to the packing assembly (e.g. this is the case as do to structures 7, 2, 5, 6, 4, 1, 3 and pressure defined by arrow).
Lepique further discloses sealing elements (e.g. 10) to be used to seal between the stationary equipment and the outer surface of the axially movable pressure adjustment element. The sealing elements received in grooves (e.g. grooves having 10) in the stationary equipment (3).
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) 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Lepique (DE965545, see IDS filed by applicant) in view of Kuc (US.4289317). When applicant provides proper limitation with regard to recess.
Lepique discloses the invention as claimed above but fails to disclose that the recess is formed on the inner surface with two diameters (e.g. 1st diameter facing the shaft and the 2nd diameter facing the pressure adjustment element), the outer surface has a groove formed therein at the second end of the main body that is sized and configured for seating a sealing element, the second end is formed in an outer surface of the second flange element. Kuc teaches a stationary equipment (e.g. 32) receiving an axially movable pressure adjustment element in a recess (e.g. recess having end of 38) formed on an inner surface (e.g. inner surface having 56 and end of 38), the axially movable pressure adjustment element having a first flange that extends outwardly and a second flange that extends inwardly and a recess (e.g. 72) formed in the second flange that is configured to receive a sealing element (e.g. 74). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the outer surface of Lepique to have a groove and a seal element as taught by Kuc with reasonable expectation of success, since changing one static seal to another would be considered to be art equivalent since the resultant is providing fluid tight seal as stated in Kuc and further more easy of manufacturing since the groove is placed on an element outer surface instead of inner surface of the stationary equipment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ellisor et al (US. 11421680, Ellisor teaches that seal 518 and groove 520 are as shown in figures but can also be reversed where the groove in placed on stationary equipment and the seal in the groove of the stationary equipment, see description of 520 and 518) or Mahoney et al (US20050230106) teach to have a groove on a sleeve outer surface to receive a sealing element.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675