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 .
Drawings
The drawings are objected to because of the following reasons:
Each of the figures showing a cross-section (figures 1-3 and 5) do not have proper cross-hatching provided.
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.
Claims 1-20 are 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.
Re Clm 1: This claim recites “the at least one cooling channel having at least one component along the axis of rotation”. Examiner notes that it is unclear as to how the at least one component is along the axis of rotation, which is in the middle of the shaft. The cooling channel and any associated component would not be “along the axis”, rather parallel to the axis of rotation.
Re Clms 4, 10, 13, and 17: The phrases "preferably" and “in particular” render the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 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.
Claims 1-11 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 2949246, hereafter ‘246.
Re Clm 1 (as best understood): ‘246 discloses a rotary shaft device (see at least fig 3) comprising: a housing (22, 44, 68); a rotary shaft (10) surrounded by the housing, rotatably mounted relative to the housing about an axis of rotation, and having a geometry of revolution (cross-section) about said axis of rotation, the rotary shaft comprising a main body comprising a fluid receiving portion (left end of shaft 10); at least one rolling bearing (8) comprising rolling elements (16), and ensuring the rotatably mounting of the rotary shaft relative to the housing; a pressurization member (72) belonging to the rotary shaft, and secured in rotation to the main body of the rotary shaft, the pressurization member being radially disposed between the main body of the rotary shaft and the housing (see figs) and axially positioned at the fluid receiving portion of the main body of the rotary shaft (see figs, left side of shaft), the pressurization member and the main body of the rotary shaft defining between them a pressurization reservoir (volume/cavity containing lubricating cooling oil) configured to receive a volume of a cooling fluid; and at least one cooling channel (70) radially arranged between the main body of the rotary shaft and the at least one rolling bearing (see figs), and extending between a fluid inlet (left side of 70) and a fluid outlet (right side of 70), the at least one cooling channel having at least one component along the axis of rotation, and being in fluid communication, at the fluid inlet, with the pressurization reservoir (as best understood, see fig 3), the at least one cooling channel being configured to provide heat transfer between the rotary shaft, the at least one rolling bearing, and the cooling fluid, when the cooling fluid flows along the at least one cooling channel from the pressurization reservoir (throughout disclosure).
Re Clm 2: ‘246 discloses wherein the rotary shaft delimits the at least one cooling channel (as shown in fig 3) .
Re Clm 3: ‘246 discloses wherein the pressurization reservoir is configured to place the cooling fluid under overpressure relative to an ambient pressure, at the fluid inlet, when the cooling fluid is subjected to a centrifugal force caused by a rotational movement of the rotary shaft about the axis of rotation (“The rotation of the shaft carrying the annular element allows the oil to be centrifuged to the nozzles through the channels of the annular element and gives the oil sufficient speed to impact the rolling parts without bending the oil jet, ensuring good targeting of the rolling parts.”)
Re Clm 4 (as best understood): ‘246 discloses wherein the fluid receiving portion comprises a first part devoid of a cooling channel (left end of shaft is devoid of the cooling channel), the first part of the fluid receiving portion preferably having a frustoconical shape.
Re Clm 5: ‘246 discloses wherein at least one element, selected from the group comprising the pressurization member and the first part of the fluid receiving portion, comprises orientation fins configured to direct the cooling fluid toward the fluid inlet (radially inward directed flanges of oil scoop 72 reads on orientation fins, as it directed the cooling oil down the shaft).
Re Clm 6: ‘246 discloses wherein the at least one cooling channel is provided on an outer surface of the rotary shaft (channel 70 is provided on the outer radial surface of shaft 10).
Re Clm 7: ‘246 discloses wherein the pressurization member (72) comprises a proximal pressurization portion (right side of 72) configured to cover the rotary shaft on a second part of the fluid receiving portion (member 72 located radially outside of shaft 10), so as to externally close radially the at least one cooling channel (see fig 3).
Re Clm 8: ‘246 discloses wherein the pressurization member comprises a distal pressurization portion (far left portion of 72), distinct from the proximal pressurization portion, and having a geometry of revolution about the axis of rotation (see cross-section of 72), converging up to the proximal pressurization portion (left side converges to right side).
Re Clm 9: ‘246 discloses wherein the distal pressurization portion (far left portion of 72, including radially inward directed flange/tab) has a pressurization member thickness measured radially relative to the axis of rotation which progressively decreases as it axially approaches the proximal pressurization portion (right side tapered portion of 72).
Re Clm 10 (as best understood): ‘246 discloses wherein the at least one cooling channel has a cross-section of constant shape along the at least one cooling channel (see fig 3), in particular of rectangular shape.
Re Clm 11: ‘246 discloses wherein the at least one cooling channel extends axially in a straight line between the fluid inlet and the fluid outlet where the cooling fluid exits the at least one cooling channel (see fig 3).
Re Clm 13 (as best understood): ‘246 discloses wherein the cooling fluid comprises a lubrication oil (as disclosed throughout specification), preferably having a viscosity comprised between 5 cSt and 45 cSt, and more particularly equal to 15 cSt, at temperatures between 30 and 800C, and more particularly between 400C and 50C.
Re Clm 14: ‘246 discloses wherein the at least one rolling bearing comprises: an inner ring (14) secured to the outer surface of the rotary shaft; an outer ring (12) radially offset relative to the inner ring and secured to the housing; rolling elements (16) interposed between the inner and outer rings and mounted in a rolling manner on both the inner and outer rings; and a cage (18) placed between the inner and outer rings, and maintaining a regular space between the rolling elements.
Re Clm 15: ‘246 discloses wherein the inner ring at least partially covers the at least one cooling channel (see fig 3).
Re Clm 16: ‘246 discloses wherein the at least one cooling channel (70) is open radially towards the inner ring of the at least one rolling bearing, such that the cooling fluid passing through the at least one cooling channel is in direct contact with the inner ring (see fig 3).
Re Clms 17 (as best understood) and 18: ‘246 discloses a turbocharger (as disclosed) capable of compressing a fluid, in particular a refrigerant, the turbocharger comprising the rotary shaft device according to claim 1 (as rejected above), the cooling fluid comprises the refrigerant (cooling oil).
Re Clm 19: ‘246 discloses a spindle or electro-spindle suitable for equipping a machine tool (as shown in fig 3), the spindle or the electro-spindle comprising the rotary shaft device according to claim 1 (as rejected above).
Re Clm 20: ‘246 discloses a pump (centrifugal pump) for circulating fluid, the pump comprising the rotary shaft device according to claim 1 (as rejected above).
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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over FR 2949246, hereafter ‘246.
Re Clm 12: ‘246 discloses wherein the housing comprises a cylindrical lateral wall (the cylindrical outer radial wall of 68) and a distal end wall (right-facing end wall of 68) extending from the cylindrical lateral wall radially inward of the cylindrical lateral wall. ‘246 fails to disclose wherein the distal end wall defining, with the pressurization member, an access conduit configured to allow introduction of the cooling fluid into the pressurization reservoir. Examiner notes ‘246 shows the access conduit formed in the cylindrical wall of the housing. Examiner notes, however, that it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have relocated and provided the access conduit on the distal end wall of the housing, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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, Amber Anderson can be reached at (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678
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