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 on 3/20/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that Hambarde is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Hambarde teaches a seal which is non-contact or labyrinth seal between rotating 110 and stationary 120 components or bodies. The reference of Hambarde is in the same filed of endeavor which is non-contact or labyrinth seal between rotating and stationary components or bodies. Furthermore Hambarde also teaches in figure 5 where non-contact seal or labyrinth seal having gaps between two teeth or ends of teeth which from the gaps which are shown as widths (520 and 550) and depth (difference between 530 and 540). Furthermore Hambarde also teaches in figure 6 where non-contact seal or labyrinth seal having gaps between two teeth or ends of teeth which form the gaps which are shown as which varying widths (620 and 650) and depth (difference between 630 and 640). This is why the reference of Hambarde is considered to be art equivalent. The reasoning clearly provides support for prima facie case for obviousness rejection under 35 USC 103.
Applicants’ argument that Hambarde is directed to vehicle gear box sealing arrangement designed for severe-duty mud/water ingress environments is correct but the references clearly states that Hambarde teaches a labyrinth seal which is a non-contact seal as shown in figures 5-6. It is further noted that applicant has incorrectly viewed the reference of Hambarde, the reference states labyrinth seal (e.g. see abstract) created by gaps (520, 550, 620, 650, difference between 530 and 540 and difference between 640 and 630). It is further noted that the seal arrangement of first cassette seal and mechanical seal are well known (see prior art in Hambarde) which is why the reference of Hambarde does not provide structure in great detail and the reference of Hambarde improves on labyrinth seal.
Applicants’ argument with reference to Grover, Laroche is not persuasive since the reference are evidence references.
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) 1-6 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Rhode (US. 5244216) in view of Hambarde (US20240200646A1).
Rhode discloses a seal that provides non-contact dynamic seal (e.g. figure 9) sealing of a radial gap (e.g. gap between 103 and 105) between an inward internal body (e.g. 105) and an external body (e.g. 103), the internal body being radially inward and the external body being radially outward and surrounding the internal body in a circumferential direction (e.g. figure 9), the internal body and the external body being rotatable relative to one another about an axis of rotation (e.g. central axis of 105), wherein the seal has an internal sealing body (e.g. body having 106) providable on the internal body and an external sealing body (e.g. body having 112) providable on the external body and having a receiving space for receiving the internal sealing body (e.g. see 103 receiving 105), wherein the internal sealing body has a conical basic shape and is tapered from a first side in the axial direction to a second side in a step-wise manner (e.g. steps in 105 having 160) to define steps on the internal sealing body, wherein each step among the steps (e.g. the steps forming 160) of the internal sealing body is a radial external surface (e.g. RES, figure below) and an axial external surface (e.g. AES, figure below), wherein the external sealing body has a conical basic shape corresponding to the internal sealing body (e.g. see figure 9) that defines the receiving space, and is tapered from the first side in the axial direction to the second side in a step-wise manner (e.g. figure below) to define steps of the external sealing body, wherein each step among the steps of the external sealing body is defined by a radial internal surface (e.g. RIS) and an axial internal surface (e.g. AIS), wherein each step of the internal sealing body is associated with an adjacent step of the external body to form a pair of steps (e.g. see figure below), and the steps of the pair are offset (e.g. offset of steps shown in figure below) from one another in the axial direction such that, for each said pair among a plurality of pairs defined by the internal sealing body and the external sealing body, wherein the radial external surface of the step of the internal sealing body is associated with each of the radial internal surface (e.g. see each step in figure 9 defining RES, AIS, AES and RIS) of the step of the external sealing body, and are partially directly adjacent to one another in a non-contact manner to form a radial sealing gap (e.g. gap c), and wherein the axial external surface of the step of the internal sealing body is associated with the internal surface of the step of the external sealing body and is spaced apart in the axial direction (e.g. see figure 9 below, AES and AIS) to form a swirl chamber (e.g. 160) for receiving a fluid therebetween, wherein the plurality of pair of steps has a swirl chambers comprising the swirl chamber of each pair and has radial sealing gaps comprising the radial sealing gap of each pair (see plurality of steps and plurality of radial gaps in figure below), the swirl chambers being connected to one another via the radial sealing gaps (e.g. gaps C), each radial sealing gap forming a restrictors for the fluid (e.g. the gaps C are restrictors since the gaps C are narrower than gaps between RES and RIS), wherein the swirl chambers have a swirl width (e.g. width along the RIS, figure below) in the axial direction and a swirl chamber depth (e.g. height defined by part of AES) in the radial direction, and wherein the radial sealing gaps each have a restrictor width (e.g. width similar to applicants, see width of gaps G) in the axial direction and have a respective restrictor depth (e.g. depth between RES and top or AES) in the radial direction. Wherein the swirl chambers and the radial sealing gaps are formed to produce a predetermined axial force at the internal sealing body by the fluid at a predetermined rotation of the internal body towards the external body (e.g. this is the case since Rohde teaches relative rotational member having the cambers, the radial gaps, the axial gaps which communicate with process fluid to form labyrinth or non-contact sealing, see entire document). Regarding claim 2, wherein a radial recess is provided from the radial external surface of each step of the internal sealing body among the plurality of steps, a depth of the radial recess extending the swirl chamber of each step of the internal sealing body in the radial direction (e.g. see recess forming RIS). Regarding claim 3, wherein, for each said pair among the plurality of pairs, the radial recess of the step of the internal sealing body is delimited in the axial direction towards the first side by the axial external surface of the step of the external sealing body (e.g. see figure below and AIS) or flush therewith and/or is delimited towards the second side by the axial internal surface or flush therewith (e.g. see figure 9 defining recess similar to recess of applicants figure 4). Regarding claim 4, wherein the radial recess (e.g. RECESS, figure 9 below) divides the radial external surface of the internal sealing body in the axial direction into a first portion defined by the radial recess with a first axial width and a second portion free from the radial recess with a second axial width (e.g. width at the end of AES defining the gap G and also compare figure 9 of Rhode to applicants figure 4). Regarding claim 5, wherein the swirl chambers are rectangular in the basic shape of their cross-section (e.g. see cross section of swirl chambers having 160 which is rectangular). Regarding claim 6, wherein the internal sealing body is unitary and/or wherein the external sealing body is unitary (e.g. see entire document). Wherein the swirl chambers and the radial sealing gaps are formed to produce a predetermined axial force at the internal sealing body by the fluid at a predetermined rotation of the internal body towards the external body (e.g. this would be the case since structure of the radial sealing gaps and the swirl chambers are taught by Rhode which are capable of communicate with fluid). Regarding claim 8, Rhode discloses a device, in particular a centrifugal compressor (e.g. see Background of the invention in Rhode), having a housing (e.g. housing 103) and an impeller (e.g. rotor 105 of an impeller not shown but well known to one skilled in the art that compressor would have the impeller) mounted in the housing rotatably about an axis of rotation, wherein the impeller is integrally formed as the internal body rotatable about the axis of rotation or fixed to a shaft which is formed as the internal body rotatable about the axis of rotation, wherein the housing is integrally formed as the external body surrounding the internal body in the circumferential direction or receives the external body, wherein a radial gap (e.g. gap between 103 and 105) formed between the internal body and the external body is sealed by the non-contact dynamic seal according to claims above. Regarding claim 9, wherein the internal sealing body is fixed to the internal body or the internal body is integrally formed as the internal sealing body, and/or wherein the external sealing body is fixed to the external body or external body is integrally formed as the external sealing body (e.g. see structure of 103 and 105). Regarding claim 10, wherein the swirl chambers and the radial sealing gaps are formed to produce the predetermined axial force for compensation and/or for reduction of opposing axial forces acting on the internal sealing body and/or the impeller at the internal sealing body by the fluid at a predetermined rotation and/or at the predetermined operating point of the impeller (e.g. this would be the case since structure of the radial sealing gaps and the swirl chambers are taught by Rhode which are capable of communicate with fluid).
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Rhode discloses the invention as claimed above but fails to disclose the swirl chamber widths of the swirl chambers vary from one another and/or the swirl chamber depths of the swirl chambers vary from one another, and/or the restrictor depths of the sealing gaps vary from one another, and/or the restrictor widths of the sealing gap vary from one another.
Hambarde discloses non-contact dynamic seal having structures which form gaps (e.g. gaps of the labyrinth structure formed by end of 564 and 541) and/or swirl chambers (e.g. 560), where the gaps and/or swirl chambers having same or substantially same dimension (e.g. figure 5, dimensions 520 and 550 which are substantially same) and in another embodiment such as figure 6, the gaps and/or swirl chambers have different dimensions (e.g. figure 6, dimensions 620 and 650). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the radial sealing gaps and/or swirl chambers of Rhode to have different size or dimensions as taught by Hambarde with reasonable expectation of success which provides tortuous path which improves sealing (e.g. see description paragraph 0052 of figure 6 in Hambarde). It is further noted that to have size of sealing gaps and/or swirl chambers to vary is considered to be art equivalent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Examiner has provided further evidence by reference of Grover (US 20200217215A1) to have varying gaps (e.g. gap between 118a to gap between 110 and 102, figure 2) between relative members and evidence is also provided by reference of Laroche (US 20200063589A1) to have labyrinth seal with constant gaps between relatively rotating structures (figure 4) and in another embodiment of Laroche in figure 5 the gaps vary (see figure provided in conclusion).
Figure of Laroche varying gaps.
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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 nonprovisional extension fee (37 CFR 1.17(a)) 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 VISHAL A PATEL whose telephone number is (571)272-7060. The examiner can normally be reached 7:00 am to 4:00pm.
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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.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675
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