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 11/14/2025 have been fully considered but they are not persuasive. Applicants’ argument with regard to drawing is not persuasive since one cannot show figure of what is going to be formed and furthermore as stated before applicant is claiming a 1st receiving surface which is part of an upper surface and a 2nd receiving surface which is part of a lower surface, the references of Dewar and Pressler teach all the structural limitation of a barrel shape.
Applicants’ argument with regard to 112 rejection is not persuasive, see amended and/or new 112 rejection below.
Applicants’ argument that the reference of Dewar does not teach “a first…the entirety of the first side surface and the second side surface are structurally defined by the complete absence of mold joint lines, ejector marks, burrs, offset, and runner entry marks and wherein any structural reside attributable to material ingress during molding is restricted exclusively to said first runner vestige region and said second runner vestige region” , is not persuasive since Dewar teaches all structural limitation of claims, the side surfaces are smooth curved surfaces, see 1stR and 2ndR in figure below.
PNG
media_image1.png
532
409
media_image1.png
Greyscale
Applicants argument that neither Dewar nor Pressler teach “a structural runner receiving configuration on the flat upper/lower surface that is designed to prevent any material intrusion, burrs or imperfection on the side sealing surface not side surfaces that are expressly free of mold joint lines, ejector marks, burrs, offset, runner entry marks” as a result of the above configuration is not persuasive since Dewar and Pressler the upper and lower surfaces to be flat and side surfaces being smooth, which inherently teaches side surfaces free of mold joint lines, ejector marks, burrs, offset, runner entry marks. It is further noted that applicant argument is narrower than what is claimed (compare limitations stated in argument to limitations in claim).
Examiner has provided evidence reference (US 6667124) that one skilled in the art can form a gasket with different entry points of a mold (e.g. figures 1A-1D which provide entry points that open to side surface of gasket 10 and figures 3 which shows entry points that are on top and bottom surface of the gasket 10). If and when applicant wants to claim method which can only be done in a divisional application (the refences US6667124 teaches different entry points of a mold).
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 limitation added to claims 1 (“a first runner…region) and 3 (“the first runner…marks”) 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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1 and 3 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. The limitation of claim 1 “a first runner vestige region…lower surface”, unclear where this is defined in the original disclosure. Furthermore unclear how one claims limitation that do not exist or are removed or never made (“a first…surface” and “the entirety…absence…region”)? If is further noted that the original disclosure does provide support of first and second runner vestige regions. See limitations added to claim 1 and 3.
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.
Claim 1 and 3-4 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, added limitation that is underlined, “a first runner…region”, unclear how the gasket has limitations or structure that does not exist? As stated in the specification and/or original disclosure the first runner and second runner facing regions are part of the top and bottom surfaces and this is taught by the reference of Dewar. It is further noted that Dewar is absence of mold joint lines, ejector marks, burrs, offset and runner entry marks.
The reasoning above also applies to limitations in claim 3 with regard to the cavity type mold.
Claim 3, “wherein the first runner vestige region…entry marks”, unclear how this is possible when molding the gasket will form the upper and lower surfaces?
If is further noted that the original disclosure does provide support of first and second runner vestige regions
Claims 1 and 3-4 are rejected as best understood.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 3-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dewar (US. 6022816). Examiner has provided evidence reference 6667124, where one can provide a gasket with different molding methods, where burr can be formed on side or top or bottom surfaces.
Dewar discloses a barrel shaped sealing gasket (e.g. figure 1I) comprising an upper surface, a lower surface, wherein the upper surface is disposed opposite to the lower surface (e.g. see figure below, top and bottom surfaces) and a first side surface and a second side surface (e.g. curved surfaces, see figure below), wherein, in a cross-sectional view of the barrel shaped sealing gasket: the upper surface comprises a first end and a second end (e.g. 1 and 2), wherein the upper surface defines a first horizontal planar flat surface (e.g. surface between 1 and 2) between the first end and the second end, the lower surface comprises a third end and a fourth end (3 and 4), wherein the lower surface defines a second horizontal planar flat surface (e.g. surface between 3 and 4) between the third end and the fourth end, the upper surface and the lower surface are parallel to each other, each of the first side surface and the second side surface, with respect to a vertical plane of the barrel shaped sealing gasket, define a first radius (e.g. 1st R) of curvature and a second radius (e.g. 2nd R) of curvature respectively, the first radius of curvature being equal to the second radius of curvature, wherein the first radius of curvature is defined from the first end of the upper surface to the third end of the lower surface (e.g. see figure below) and the second radius of curvature is defined from the second end of the upper surface to the fourth end of the lower surface (e.g. see figure below), the first side surface comprises a fifth end (e.g. 5) and a sixth end (e.g. 6), wherein the first end of the upper surface is connected to the third end of the lower surface to define the first side surface, wherein the fifth end of the first side surface is connected to the first end of the upper surface to define a first edge (e.g. edge between 1 and 5), and the sixth end of the first side surface is connected to the third end of the lower surface to define a third edge (e.g. edge between 6 and 3), the second side surface comprises a seventh end (e.g. 7) and an eighth end (e.g. 8), wherein the second end of the upper surface is connected to the fourth end of the lower surface to define the second side surface (e.g. see figure below), the seventh end of the second side surface is connected to the second end of the upper surface to define a second edge (e.g. edge between 7 and 2) and the eighth end of the second side surface is connected to the fourth end of the lower surface to define a fourth edge (e.g. edge between 8 and 4) and the upper surface, the lower surface, the first side surface, the second side surface, the first edge, the second edge, the third edge and the fourth edge together define a barrel shape of the barrel shaped sealing gasket (e.g. see figure below).
Wherein the gasket further comprising a first runner vestige region structurally disposed on the first horizontal flat surface of the upper surface, a second runner vestige region structurally disposed on the second horizontal flat surface of the lower surface (e.g. that is the case since the surfaces of Dewar are absence of mold joints line, ejector marks, burrs, offset and runner entry marks), the entirety of the first side surface and the second side surface are structurally defined by the absence of mold joint lines, ejector marks, burrs, offset and runner entry marks and wherein any structural residue attributable to material ingress during molding is restricted exclusively to the first runner vestige region and the second runner vestige region (e.g. again method limitation given little or no patentable weight in an apparatus claim when the reference teaches all structural limitation of gasket as done by Dewar, see MPEP 2113-2114).
Regarding claim 3: Dewar discloses wherein the first runner vestige region and the second runner vestige region are permanent structural marks on the gasket, and the positioning of the permanent structural markers on the upper and lower surfaces establishes a structural integrity boundary such that the first and second side sealing surfaces remain structurally free of mold joint lines, ejector marks, burrs, offset, and runner entry marks (again method limitation given little or no patentable weight in an apparatus claim when the reference teaches all structural limitation of gasket as done by Dewar, see MPEP 2113-2114) such that the first and second side surfaces remain free of mold joint lines, ejector marks, burrs, offset and runner entry marks (this is the case since the 1st and 2nd side surfaces are smooth, see 1stR and 2ndR in figure below).
Regarding claim 4: Dewar discloses wherein the gasket’s barrel shaped structure and the defect free first and second side sealing surfaces enable sealing through stretching of the side surfaces, and wherein the gasket is formed from a flexible, high-impact resistant material that maintains its form under compression (e.g. this would be case depending on the amount of force is applied to the gasket, when a person skilled in the art applies a particular force the gasket is within elastic limit and the same person skilled in the art can apply an plastic force which would crush or break the gasket, this is considered to be method of using and given little patentable weight in an apparatus, see MPEP 2113-2114 and it is noted that applicant has not claimed any particular material). The barrel shape sealing gasket of Dewar is capable of stretching when a compression force is applied to top and lower surfaces of the gasket.
PNG
media_image2.png
537
521
media_image2.png
Greyscale
PNG
media_image3.png
511
384
media_image3.png
Greyscale
Claim(s) 1 and 3-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pressler (US. 6517080). Examiner has provided evidence reference 6667124, where one can provide a gasket with different molding methods, where burr can be formed on side or top or bottom surfaces.
Pressler discloses a barrel shaped sealing gasket (e.g. figure below) comprising an upper surface (e.g. 30), a lower surface (e.g. 32), wherein the upper surface is disposed opposite to the lower surface (e.g. see figure below, top and bottom surfaces) and a first side surface (e.g. 26) and a second side surface (e.g. e.g. 28), wherein, in a cross-sectional view of the barrel shaped sealing gasket: the upper surface comprises a first end and a second end (e.g. 1 and 2), wherein the upper surface defines a first horizontal planar flat surface (e.g. surface between 1 and 2) between the first end and the second end, the lower surface comprises a third end and a fourth end (3 and 4), wherein the lower surface defines a second horizontal planar flat surface (e.g. surface between 3 and 4) between the third end and the fourth end, the upper surface and the lower surface are parallel to each other, each of the first side surface and the second side surface, with respect to a vertical plane of the barrel shaped sealing gasket, define a first radius (e.g. radius of 26) of curvature and a second radius (e.g. radius of 28) of curvature respectively, the first radius of curvature being equal to the second radius of curvature, wherein the first radius of curvature is defined from the first end of the upper surface to the third end of the lower surface (e.g. see figure below) and the second radius of curvature is defined from the second end of the upper surface to the fourth end of the lower surface (e.g. see figure below), the first side surface comprises a fifth end (e.g. 5) and a sixth end (e.g. 6), wherein the first end of the upper surface is connected to the third end of the lower surface to define the first side surface, wherein the fifth end of the first side surface is connected to the first end of the upper surface to define a first edge (e.g. edge between 1 and 5), and the sixth end of the first side surface is connected to the third end of the lower surface to define a third edge (e.g. edge between 6 and 3), the second side surface comprises a seventh end (e.g. 7) and an eighth end (e.g. 8), wherein the second end of the upper surface is connected to the fourth end of the lower surface to define the second side surface (e.g. see figure below), the seventh end of the second side surface is connected to the second end of the upper surface to define a second edge (e.g. edge between 7 and 2) and the eighth end of the second side surface is connected to the fourth end of the lower surface to define a fourth edge (e.g. edge between 8 and 4) and the upper surface, the lower surface, the first side surface, the second side surface, the first edge, the second edge, the third edge and the fourth edge together define a barrel shape of the barrel shaped sealing gasket (e.g. see figure below).
Wherein the gasket further comprising a first runner vestige region structurally disposed on the first horizontal flat surface of the upper surface, a second runner vestige region structurally disposed on the second horizontal flat surface of the lower surface (e.g. that is the case since the surfaces of Pressler are absence of mold joints line, ejector marks, burrs, offset and runner entry marks), the entirety of the first side surface and the second side surface are structurally defined by the absence of mold joint lines, ejector marks, burrs, offset and runner entry marks and wherein any structural residue attributable to material ingress during molding is restricted exclusively to the first runner vestige region and the second runner vestige region (e.g. again method limitation given little or no patentable weight in an apparatus claim when the reference teaches all structural limitation of gasket as done by Pressler, see MPEP 2113-2114).
Regarding claim 3: Pressler discloses wherein the first runner vestige region and the second runner vestige region are permanent structural marks on the gasket, and the positioning of the permanent structural markers on the upper and lower surfaces establishes a structural integrity boundary such that the first and second side sealing surfaces remain structurally free of mold joint lines, ejector marks, burrs, offset, and runner entry marks (again method limitation given little or no patentable weight in an apparatus claim when the reference teaches all structural limitation of gasket as done by Pressler, see MPEP 2113-2114) such that the first and second side surfaces remain free of mold joint lines, ejector marks, burrs, offset and runner entry marks (this is the case since the 1st and 2nd side surfaces are smooth, see 26 and 28).
Regarding claim 4: Pressler discloses wherein the gasket’s barrel shaped structure and the defect free first and second side sealing surfaces enable sealing through stretching of the side surfaces (see gasket in uncompressed stated by the dotted lines and then the gasket shown in figure below), and wherein the gasket is formed from a flexible, high-impact resistant material that maintains its form under compression (e.g. see figure below showing two state of gasket one before compression and one after compression, this is considered to be method of using and given little patentable weight in an apparatus, see MPEP 2113-2114 and it is noted that applicant has not claimed any particular material). The barrel shape sealing gasket of Pressler is capable of stretching when a compression force is applied to top and lower surfaces of the gasket (see gasket shown in dotted line and then gasket in figure below).
PNG
media_image4.png
394
432
media_image4.png
Greyscale
PNG
media_image5.png
499
493
media_image5.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hilton (e.g. 2330425) teaches barrel shape sealing member 10 and Fallon (e.g. 4674756) teaches barrel shape gasket in figure 7.
It is noted when and if applicant claims are directed to structure that is created by first and second entry points of the mold, teaching by 6667124 shows that one can create a gasket with entry points on side surface to create structure burr on side surfaces of the gasket and also teaches in another embodiment teaches to have burr on top and bottom surfaces of the gasket (e.g. figures 1A-1D which provide entry points that open to side surface of gasket 10 and figures 3 which shows entry points that are on top and bottom surface of the gasket 10).
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.
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, Christine Mills can be reached on 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VISHAL A PATEL/Primary Examiner, Art Unit 3675
Prosecution Insights