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 because figs 1-9 appear to be photographic / computer generated representations rather than line drawings. As set forth in MPEP § 1825, the PCT makes no provision for photographs. While photographs may be allowed where it is impossible to present in a drawing what is to be shown (e.g., crystalline structures), that is not the case in this instance. Furthermore, each of figures 1-11 fails to comply with the provisions of PCT Rule 11.13 in at least one aspect.
All drawings fail to comply with at least
11.13(a): Not executed in black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes; figs. 1-9 are shaded graphics rather than line drawings, and figs 10 & 11, while line drawings, the lines uses are not sufficiently dense, dark, thick and well-defined;
(b): Cross-sections are not indicated by oblique hatching as required;
(c): The graphical execution is not of a sufficiently distinct execution to enable features to be distinguished without difficulty at 2/3 reduction.
Additionally, 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 plug without through holes of claim 5 must be shown or the feature canceled from the claim. 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.
Claim 5 and 23 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claims contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 5 discloses a plug seal, lower and upper retainer without through holes, and yet also discloses the seal assembly being able to allow for passage of energy cables or tubes. The specification describes a method of passing a cable through a plug seal with holes, as well as plug seals without holes that do not have cables passing through them, but does not describe a method for one skilled in the art to pass cables through a plug seal without holes, as disclosed by the claim. Therefore, the applicant has not provided any direction for this feature. Additionally, there is a lack of working examples of passing a cable through a plug seal without holes in the art, as in order for cables to pass through an object, the object must have a cavity for the cable to reside within, thus creating a hole. Claim 23 depends on claim 5, and is thus also rejected.
Claims 5 and 23 are also 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 5 discloses a plug seal, lower and upper retainer without through holes (page 5, last line), and yet also discloses the seal assembly being able to allow for passage of energy cables or tubes (page 5, lines 16-17). The specification describes a method of passing a cable through a plug seal with holes, as well as plug seals without holes that do not have cables passing through them, but does not describe a method for one skilled in the art to pass cables through a plug seal without holes, as disclosed by the claim. Claim 23 depends on claim 5, and is thus also rejected.
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 5,23 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.
Regarding claim 5, the claim discloses a plug seal, lower and upper retainer without through holes, and yet also discloses the seal assembly being able to allow for passage of energy cables or tubes. It is unclear how both statements can be true simultaneously, since the lack of through holes would prevent passage through the seal. Claim 23 depends on claim 5, and is therefore also rejected.
Allowable Subject Matter
Claims 1-4,6-22 allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the closest prior art is Tovar (US 10431923 B2), which discloses an isolating seal assembly for hermetically isolating two areas having different atmospheres (abstract, Tovar), wherein the isolation is total or partial in order to allow for the passage of energy cables or tubes (abstract, Tovar), the isolating seal assembly comprising:
A plug seal having at least one through hole configured to be traversed by a cable or a tube (fig 1, seal 5, Tovar)
A lower retainer (fig 1, part 7, Tovar) and an upper retainer (fig 1, part 2, Tovar), wherein each of said lower retainer and said upper retainer includes a number of through holes equal to the number of through holes of the plug seal (fig 1, parts 2 and 7 have one hole, same as plug 5, Tovar)
A receiver bushing configured to receive the lower retainer, the plug seal, and the upper retainer (fig 1, receiver 8, Tovar), wherein the plug seal is configured to be disposed between the lower retainer and the upper retainer (fig 1, plug 5 is between lower retainer 7 and upper retainer 2, Tovar)
A closing cap configured to engage and close a section of the receiver bushing (fig 1, cap 1, Tovar).
However, Tovar does not disclose or reasonably suggest in usable combination a pusher configured to be temporarily part of the isolating seal assembly, when considered in further combination with the additional limitations of the claim.
Furthermore, the prior art of record does not provide a motivation for adding a temporary pusher to the sealing assembly of Tovar, as required by the claim with all of the limitations of independent claims included. The pusher tool slides an outer jacket around an inner plug member, and since the pistons 4 and 6 surrounding plug seal 5 of Tovar attach mostly to the ends of plug seal 5, as shown in fig 5, there is no motivation to add a tool that preforms an unneeded action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stamm (US 4728296 A) discloses an electrical connector with rubber plug seal and surrounding jacket.
Kuhn (US 5433487 A) discloses a dual ended wall penetrating cable sleeve.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAOTIAN LU whose telephone number is (571)272-0444. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Rinehart can be reached at (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.L./Examiner, Art Unit 3753
/KENNETH RINEHART/ Supervisory Patent Examiner, Art Unit 3753