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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “retainer configured to receive and form a snap fit seal with an elastic ring connected to the joint” of claim 1; the “static sealing lip being configured to contact with a surface of the joint to create a static seal” of claim 3 and 5; the “static sealing lip extends axially outwardly from the hook” of claim 7; the “cylindrical secondary portion surrounds…a flange of the flanged hub” of claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “a retainer configured to receive and form a snap fit seal with an elastic ring connected to the joint”. Applicant has not disclosed how this snap fit is formed with an elastic ring connected to the joint. A snap fit requires specific geometry from both mating elements. Applicant has not disclosed any structure or geometry from any structure that mates with the retainer. As such, Applicant is attempting to define a mating connection by only describing one half of the mating structure. It is clear that the “snap fit” requires definite structure from both halves of the mating structure. For example, even Applicant’s own shape of 51 in Fig. 2 can be or not be a snap fitting depending on the specific structure of the undisclosed and undescribed elastic ring even though the shape of the retainer has not changed.
Claim 3 recites “a hook configured to block axial movement of the elastic ring of the joint in the axially inward direction”. As noted above, Applicant has failed to describe or show the structure which engages with the hook of the claims, thus Applicant has not described or shown how the hook is “configured to block axial movement of the elastic ring of the joint in the axially inward direction”. Would any “hook” shaped structure or projection provide the requisite function?
Claim 10 recites “the cylindrical secondary portion surrounds…a flange of the flanged hub”. The only flange disclosed in the specification is element 25 in Fig. 1. Applicant has not described how the cylindrical secondary portion 42 is capable of surrounding the flange 25.
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 1-13 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 “a retainer configured to receive and form a snap fit seal with an elastic ring connected to the joint”. It is unclear how the retainer by itself forms a snap fit seal. It is unclear what structural limitation, if any, is required by the retainer and/or the elastic ring to provide the recited function.
Claim 3 recites “the elastomeric element comprises: a hook configured to block axial movement of the elastic ring of the joint in the axially inward direction”. It is unclear how the hook by itself performs the recited function. It is further unclear what structural limitation, if any, is required by the hook.
Claim 4 recites “the support portion is frustoconical supports the hook”. The limitation is grammatically incorrect rending the claim indefinite.
Claim 10 recites “the cylindrical secondary portion surrounds…a flange of the flanged hub”. The only flange disclosed in the specification is element 25 in Fig. 1. It is unclear how the cylindrical secondary portion 42 is capable of surrounding the flange 25.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Niebling EP 2043880.
Re clm 1, Niebling discloses a hub-bearing unit (Fig. 1 and 1a) having an axis of rotation and comprising: a radially outer ring (10) configured to be stationary; a flanged hub (2) inside the radially outer ring and configured to rotate relative to the axis and relative to the radially outer ring; a radially inner ring (15) mounted on the flanged hub in axial abutment with a shoulder of the flanged hub; a front toothing (3,4) configured to receive a driving torque from a joint (5); and a retainer (for example, 36-39 and 41) configured to receive and form a snap fit seal with an elastic ring connected to the joint (retainer is at least capable of performing the function), the retainer being mounted on a radially outer cylindrical surface (top right surface of 15 onto which 36 sits) of the radially inner ring and comprising a shaped metal insert (at least 37-39) and an elastomeric element (41) vulcanized onto the metal insert (vulcanization, [0014]; formed on the end, [0034]; adhesively bonded or connected to the end in another suitable manner, [0041]).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Happ U.S. 2017/0082146.
Re clm 1, Happ discloses a hub-bearing unit (Fig. 1) having an axis of rotation and comprising: a radially outer ring (5) configured to be stationary; a flanged hub (3) inside the radially outer ring and configured to rotate relative to the axis and relative to the radially outer ring; a radially inner ring (6) mounted on the flanged hub in axial abutment with a shoulder of the flanged hub; a front toothing (7) configured to receive a driving torque from a joint (2); and a retainer (8 and 9, Fig. 2) configured to receive and form a snap fit seal with an elastic ring connected to the joint (at least capable of performing the function), the retainer being mounted on a radially outer cylindrical surface of the radially inner ring (at 15a) and comprising a shaped metal insert (8) and an elastomeric element (9) vulcanized ([0018]) onto the metal insert.
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.
Claims 2 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Happ U.S. 2017/0082146 as applied to claim 1 above, and further in view of Duch U.S. 2016/0152072.
Happ discloses all the claimed subject matter as described above.
Re clm 2, Happ further discloses the metal insert comprises: a cylindrical assembly portion (15a, Fig. 2) fit onto the radially outer surface of the radially inner ring, the cylindrical assembly portion having an axially outer end and an axially inner end, an annular abutment portion (16) extending radially inward from the axial inner end of the assembly portion and abutting against an axially facing annular surface of the inner ring, a cylindrical secondary portion (15b) projecting axially inward from a radially inner end of the abutment portion, and a support portion (at least right end of 15b) at the axially inner end of the cylindrical secondary portion.
Happ is silent as to the fastening means between the cylindrical assembly portion and the inner ring and does not disclose that the cylindrical assembly portion is press fit onto the radially outer surface of the radially inner ring.
Duch teaches a similar wheel hub comprising the cylindrical assembly portion (42/43, Fig. 2) is press fit (coupled with interference; [0042]) onto the radially outer surface of the radially inner ring (at 10).
Since both Happ and Duch disclose wheel hub units with seals, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the unknown attachment means of Happ with the attachment means of Duch and provide the cylindrical assembly portion is press fit onto the radially outer surface of the radially inner ring to achieve the predictable result of attaching the seal to the wheel hub unit.
Re clm 8, Happ further discloses the assembly portion has a radially inner cylindrical surface (bottom of 15a) in contact with the radially outer surface of the radially inner ring (6) and has a radially outer cylindrical surface (top of 15a).
Re clm 9, Happ further discloses the insert is made of metal ([0017]).
Claims 3-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Happ U.S. 2017/0082146 in view of Duch U.S. 2016/0152072 as applied to claim 2 above, and further in view of Duch U.S. 2014/0376848.
Happ in view of Duch ‘072 discloses all the claimed subject matter as described above.
Re clm 3, Happ does not disclose the elastomeric element comprises: a hook configured to block axial movement of the elastic ring of the joint in the axially inward direction; and a static sealing lip extending axially inwards and radially outwards from the support portion and being configured to contact with a surface of the joint to create a static seal.
Duch ‘848 teaches a wheel hub unit comprising the elastomeric element (35) comprises: a hook (48) configured to block axial movement of the elastic ring of the joint in the axially inward direction (48 is capable of blocking elements since 48 extends radially above 35 and 46); and a static sealing lip (47) extending axially inwards and radially outwards from the support portion and being configured to contact with a surface (29) of the joint to create a static seal.
Since both Happ and Duch ‘848 disclose sealing elements of wheel hubs, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the sealing element geometry of Happ with that of Duch ‘848 and provide the elastomeric element comprises: a hook configured to block axial movement of the elastic ring of the joint in the axially inward direction; and a static sealing lip extending axially inwards and radially outwards from the support portion and being configured to contact with a surface of the joint to create a static seal to achieve the predictable result of providing static sealing of the wheel hub unit.
Re clm 4, the improvement of Duch ‘848 further discloses the support portion is frustoconical (between 46 and 37) supports the hook.
Re clm 5, Happ does not disclose the elastomeric element comprises: a static sealing lip extending axially inwards and radially outwards from the support portion and being configured to contact with a surface of the joint to create a static seal.
Duch ‘848 teaches a wheel hub unit comprising the elastomeric element (35) comprises: a static sealing lip (48) extending axially inwards and radially outwards from the support portion.
Since both Happ and Duch ‘848 disclose sealing elements of wheel hubs, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the sealing element geometry of Happ with that of Duch ‘848 and provide the elastomeric element comprises: a static sealing lip extending axially inwards and radially outwards from the support portion and being configured to contact with a surface of the joint to create a static seal to achieve the predictable result of providing static sealing of the wheel hub unit.
The structure of Duch ‘848 is at least capable of being configured to contact with a surface of the joint to create a static seal.
Re clm 6, Duch ‘848 further discloses the support portion (around numeral 37) is annular and supports the static sealing lip.
Re clm 7, Duch ‘848 further discloses the static sealing lip extends axially inwardly or axially outwardly from the hook (shown in Fig).
Re clm 10, as best understood, Duch ‘848 further discloses the cylindrical secondary portion (46) surrounds and is radially spaced from a flange (7) of the flanged hub (5).
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
