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.
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 1-4 and 6 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.
In claim 1, there are two occurrences of “a cross-sectional shape” for the metal material (see line 7 and line 10 of claim 1). Claim 1 fails to describe which cross-sectional shape/how the cross-sectional shape is taken.
Does claim 1 require two different cross-sectional views of the metal material of the annular packing material ? OR, does it require a cross-sectional view of the metal material of the annular packing material having two features to the shape of the metal material ?
Applicant’s attention is directed to FIG. 20-FIG. 28 of the instant application. Each figure illustrates “a longitudinal cross-sectional view of an annular packing material”. FIG. 28 illustrates in the longitudinal cross-sectional view of the annular packing material, a shape of the metal material 42a, 52a having an overall substantially D-shape and having a ring shape forming a closed space 42d, 52d over the entire circumference of the annular packing material in the longitudinal cross-sectional view.
The metes and bounds of claim 1 is indefinite because it is unclear if it is intended to read on ALL embodiments illustrated in FIG. 20-FIG. 28 OR intended to exclude FIG. 20-FIG. 27 and read on FIG. 28. Clarification is requested.
The remaining claims are rejected because they are dependent claims of independent claim 1.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection presented in this office action.
Prior Art of Interest
CN 106953108 A teaches a sealing ring structure comprising a first sealing member and a second sealing member (FIG. 1 and FIG. 2).
Conclusion
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 KENDRA LY whose telephone number is (571)270-7060. The examiner can normally be reached Monday-Friday, 8:00-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn B Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENDRA LY/Primary Examiner, Art Unit 1749
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