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 .
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.
Claims 1-10 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.
Claim 1 recites “the recessed part”. There is a lack of antecedent basis for this limitation in the claim. If Applicant is referring to the “annular radial portion at least partially recessed”, then Applicant should avoid using different terms for the same feature/structure in the claims.
Claim 5 recites “the recessed annular radial portion”. It is unclear if this is the “annular radial portion at least partially recessed” of claim 1 or if it is a new and separate element. If it is the same as the limitation of claim 1, it is unclear if “the recessed annular radial portion” is merely “the recessed part” of the annular radial portion or if it is the entire annular radial portion. Claim 7 also recites these elements.
Claim 7 recites “and providing the annular recessed radial portion of the lower support cap”. It is unclear which element “provides” the limitation above. For example, does the lower support cap, the annular radial portion and/or the shoulder provide the limitation?
Claim 8 recites “a large-diameter edge”. The term “large” is a relative term which renders the claim indefinite. The term “large” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claims 1-2 and 4-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Montboeuf U.S. 2019/0184781.
Re clm 1, Montboeuf discloses a suspension bearing unit (Fig. 1) comprising: a lower support cap (30) including an annular radial portion (at 35, Fig. 2-3) at least partially recessed so as to define a plurality of ribs (35C) spaced apart from each other in the circumferential direction; an upper bearing cap (40); at least one bearing (20) arranged between the lower support cap and the upper bearing cap; and a gasket (50) including a heel (51), the heel being overmolded on the recessed part of the annular radial portion and on the ribs of the lower support cap, and a sealing portion (53) supported by the heel and extending toward the upper bearing cap, the sealing portion having a distal end forming a dynamic annular seal with the upper bearing cap (shown in Fig. 1).
Re clm 5, Montboeuf further discloses the recessed annular radial portion forms a groove with a bottom (either 35C or 35B), each rib extending from the bottom of the groove (shown in Fig. 2-3).
Re clm 6, Montboeuf further discloses each rib is spaced a distance apart from a radially inner edge (for example, top corner of 35A is spaced axially from ribs) of the recessed annular radial portion (as shown in Fig. 2-3).
Re clm 7, Montboeuf further discloses the lower support cap includes an annular radial portion (35C) and a shoulder (35A) extending from the radial portion toward the upper bearing cap and providing the annular recessed radial portion of the lower support cap.
Re clm 8, Montboeuf further discloses the recessed annular radial portion is spaced a distance apart from a large-diameter edge (top corner of 35A, spaced at least in the axial direction) of the shoulder of the lower support cap.
Re clm 9, Montboeuf further discloses the sealing portion of the gasket is spaced a distance apart from an annular outer skirt of the upper bearing cap (shown in Fig. 1-3).
Re clm 10, Montboeuf further discloses the distal end of the sealing portion of the gasket axially contacts the upper bearing cap (53, Fig. 1-2).
According to another interpretation of the art:
Re clm 1, Montboeuf discloses a suspension bearing unit (Fig. 1) comprising: a lower support cap (30) including an annular radial portion (at 36, Fig. 2-3) at least partially recessed so as to define a plurality of ribs (36C) spaced apart from each other in the circumferential direction; an upper bearing cap (40); at least one bearing (20) arranged between the lower support cap and the upper bearing cap; and a gasket (60) including a heel (61), the heel being overmolded on the recessed part of the annular radial portion and on the ribs of the lower support cap, and a sealing portion (62) supported by the heel and extending toward the upper bearing cap, the sealing portion having a distal end forming a dynamic annular seal with the upper bearing cap (shown in Fig. 1).
Re clm 2, Montboeuf further discloses the sealing portion of the gasket includes an intermediate portion (at 64) extending at least axially toward the upper bearing cap from the heel of the gasket and a distal portion extending at least radially inwardly from the intermediate portion.
Re clm 4, Montboeuf further discloses the intermediate portion of the sealing portion extends from a radially inner edge of the heel of the gasket and is spaced a distance apart from a radially outer edge of the heel of the gasket (as shown in Fig. 2).
Re clm 5, Montboeuf further discloses the recessed annular radial portion forms a groove with a bottom (either 36C or 36B), each rib extending from the bottom of the groove (shown in Fig. 2-3).
Re clm 6, Montboeuf further discloses each rib is spaced a distance apart from a radially inner edge of the recessed annular radial portion (as shown in Fig. 2-3).
Re clm 7, Montboeuf further discloses the lower support cap includes an annular radial portion (36BC) and a shoulder (36A) extending from the radial portion toward the upper bearing cap and providing the annular recessed radial portion of the lower support cap.
Re clm 8, Montboeuf further discloses the recessed annular radial portion is spaced a distance apart from a large-diameter edge (top corner of 36A, spaced at least in the axial direction) of the shoulder of the lower support cap.
Re clm 9, Montboeuf further discloses the sealing portion of the gasket is spaced a distance apart from an annular outer skirt of the upper bearing cap (shown in Fig. 1-3).
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN B WAITS whose telephone number is (571)270-3664. The examiner can normally be reached Monday-Thursday from 6-4 EST.
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/ALAN B WAITS/Primary Examiner, Art Unit 3617
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