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 .
Election/Restrictions
Applicant’s election of species of Fig. 2, claims 1-7 and 18-24, in the reply filed on 8/27/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 8-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/27/2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: #212. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Specification
The disclosure is objected to because of the following informalities: Paragraph [0038] recites the elastomeric material may be “EPDM”, “TPE”, “TPR”, “TPS” or “SEBS” but does not state what these abbreviations stand for. Thus, the Specification should be corrected to clarify what they stand for. Appropriate correction is required.
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 18 is 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.
The recitations “TPE”, “TPR” and “TPS” in claim 18 are deemed indefinite because it is unclear what they stand for. Appropriate correction is requested.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6-7 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6 recites “wherein the hinge is defined by a minimal thickness of the seal lip less than a nominal thickness of a remainder of the seal lip” which is the same limitation as recited in claim 5 from which it depends from. Thus, claim 6 fails to further limit the subject matter of claim 5. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 7 is also rejected under 35 U.S.C. 112(d), since it depends from rejected claim 6.
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, 4-6, 18-20 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sultan et al. (US 2006/0082189) [hereinafter Sultan].
With regard to claim 1, Sultan discloses a seal lip assembly having improved sealing force properties (Figs. 3-6), the seal lip assembly comprising a base (42), and a seal lip (80) having a proximal, first end (82) connected to the base and a distal, second end (84) extending outwardly from the base, and a hinge (86) provided in the seal lip between the first and second ends allow the second end to angularly rotate relative to the base (Fig. 6; paragraph [0022]), wherein the base and seal lip are made from a single elastomeric material (paragraphs [0021-0022]).
Regarding claim 2, Sultan discloses the seal lip having a durometer ranging from approximately 75-100 Shore A, which overlaps with the claimed range from approximately 55-80 Shore A (paragraph [0021]).
Regarding claim 4, Sultan discloses the seal lip (Figs. 3-5, lip 80) having a lip thickness that is substantially constant between the hinge (86) and the second end (84).
Regarding claims 5-6, Sultan discloses the hinge (86) being defined by a minimal thickness of the seal lip less than a nominal thickness of a remainder of the seal lip (Figs. 3-5, lip 80).
Regarding claim 18, Sultan discloses the elastomeric material of the seal lip being either EPDM or TPV (paragraph [0021]).
Regarding claims 19-20, Sultan discloses the seal lip being part of an automotive seal, which is one of a close-out seal, water management seal, margin seal or door gap seal (paragraph [0022]).
Regarding claim 24, Sultan discloses the hinge having a radius at a bottom thereof (Figs. 3-5, hinge 86).
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 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Sultan, as applied to claim 1 above, and in view of Hiroe et al. (US 2019/0084209) [hereinafter Hiroe].
Sultan discloses the seal lip assembly as claimed above, but fails to teach the elastomeric material being foamed by a chemical blowing agent wherein the chemical blowing agent is one of azodicarbonamide, sulfonyl hydrazide or sodium bicarbonate, or being foamed by a mechanical blowing agent which includes solvent filled microcapsules.
Hiroe teaches a vehicle weather seal made from an elastomeric material wherein the elastomeric material is foamed by a chemical blowing agent wherein the chemical blowing agent is one of azodicarbonamide, sulfonyl hydrazide or sodium bicarbonate, or foamed by a mechanical blowing agent which includes solvent filled microspheres for the purpose of forming a softer and more flexible elastomeric material (paragraph [0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elastomeric material in Sultan to include a chemical blowing agent wherein the chemical blowing agent is one of azodicarbonamide, sulfonyl hydrazide or sodium bicarbonate, or include a mechanical blowing agent which includes solvent filled microspheres as suggested by Hiroe in order to form a softer and more flexible elastomeric material, if so desired.
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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, Frank Vineis can be reached at 571-270-1547. 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.
CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/Primary Examiner, Art Unit 1781