DETAILED ACTION
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
2. Applicant’s election without traverse of Species I in the reply filed on July 9, 2026 is acknowledged.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 1-10 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 1, from which claims 2-10 depend, the term “an attachment feature” is indefinite because it is not clear what the metes and bounds of the term comprise. Examiner notes the term could be construed as means plus function claim which uses a nonce term “feature”. However, the term only appears in the Specification in para. [0035] to describe “means for holding the closure device in the region of an opening of a carrier component”, absent any further description. Later in the Specification, “means for holding the closure device” are described as comprising “both the holding arms 8 and the latching arms 15.” Should Applicant seek to employ a means plus function limitation in the claims, the term “means for holding the closure device” should be used. For purposes of this examination, the term “an attachment feature” will be construed simply as a feature to hold the closure device in the region of an opening of a carrier component.
Further regarding claim 1, it is not clear if the “at least one through opening forming a media passage” is the same opening as “an opening of a carrier component” that immediately precedes it in the claim. For purposes of this examination, these are treated as the same opening.
Regarding claim 2, it is not clear if the term “a media passageway” is to find proper antecedent basis with “a media passage” in claim 1.
Regarding claim 8, it is not clear if the term “one or more media passages” is to find proper antecedent basis with “a media passage” in claim 1.
Claim Rejections - 35 USC § 102
5. 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.
6. Claims 1, 7, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9,714,055 (Shimada).
Regarding claim 1, Shimada teaches a closure device for closing openings in carrier components in motor vehicles, the closure device comprising:
a base body (50) formed of a hard component, for at least partially disposing in an opening (21) of a carrier component (20) having at least one through opening (20; see rejection above under 35 U.S.C. 112(b)) forming a media passage, the base body having a flange section (portion of 50 located radially outwardly of leg portion 60 and radially inside flange portion 70) extending parallel to a surface of a component defining the opening (the identified section of 50 is parallel to 20 e.g. Fig. 15); and
a sealing element (40), the sealing element being formed of a heat-expandable material (EVA; col. 5, lines 25-29) see and being arranged on the base body to completely close the opening of the carrier component in an expanded state (col. 5, lines 22-24),
wherein the closure device comprises an attachment feature (61) configured to hold the closure device in a region of the opening of the carrier component (col. 8, lines 3-11).
Regarding claim 7, Shimada teaches an assembly comprising,
the carrier component (20) with the opening (21), and
the closure device according to claim 1 (see rejection of claim 1 above),
the closure device according to wherein the closure device is held in a pre-assembly position by the attachment feature spaced from an edge of the carrier component defining the opening so that a media passage is formed between the edge of the carrier component and the closure device, wherein a flange section of the closure device is arranged parallel to a surface of the carrier component (Examiner notes Fig. 10 showing the attachment feature 61 having an outer diameter larger than that of the opening, and thus the device will rest on the opening until inserted; further, col. 8, lines 3-11 describe how the edge of the opening bends the attachment feature 61 to reduce in diameter when the device is inserted into the opening, thus teaching the method of installing; this light resting on the edge is not sufficient to prevent passage of fluid under pressure high enough to counter the weight of the device itself), and
wherein a sealing element of the closure device made of a material expandable via heat is expanded in a final assembly position in such a way that the opening of the carrier component is completely sealed via the closure device (sealing element is formed of EVA in col. 5, lines 25-29, which is described by Applicant’s Speficiation has having the same property; see instant Spec. para. [0068]).
Regarding claim 9, Shimada teaches a method of sealingly closing the opening of the carrier component with the closure device according to claim 1, the method comprising:
arranging the closure device in a pre-assembly position in the region of the opening of the carrier component (Examiner notes Fig. 10 showing the attachment feature 61 having an outer diameter larger than that of the opening, and thus the device will rest on the opening until inserted; further, col. 8, lines 3-11 describe how the edge of the opening bends the attachment feature 61 to reduce in diameter when the device is inserted into the opening, thus teaching the method of installing),
wherein the closure device is held by the attachment feature at a distance from the carrier component such that a medium can flow through in the region between the component and the closure device or that a medium can flow through one or more passage openings of the media passage of the closure device (Examiner notes Fig. 10 showing the attachment feature 61 having an outer diameter larger than that of the opening, and thus the device will rest on the opening until inserted; further, col. 8, lines 3-11 describe how the edge of the opening bends the attachment feature 61 to reduce in diameter when the device is inserted into the opening; this light resting on the edge is not sufficient to prevent passage of fluid under pressure high enough to counter the weight of the device itself); and
arranging a flange section of the closure device spaced apart from and parallel to a surface of a component (Examiner notes the identified flange portion is spaced even in the inserted position shown in Fig. 10, and thus will be spaced in a pre-inserted position).
Regarding claim 10, the method further comprises:
heating a heat-expandable material of a sealing element of the closure device such that the closure device completely seals the opening of the carrier component in a final assembly position (see col. 5, lines 19-24); and
arranging the flange section of the closure device parallel to a surface of the carrier component, the flange section either bearing directly against a surface of the carrier component or being sealingly connected to a surface of the component via the sealing element at a distance therefrom (flange is sealed by way of the EVA seal at 42 in Fig. 10).
Allowable Subject Matter
7. Claims 2-6 and 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
8. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, the prior art fails to teach the base body comprises a tubular section, the flange section being formed on one end of the tubular section, and wherein the tubular section defines at least one central passageway opening of a media passageway. No such media passages are disclosed or suggested by Shimada.
Regarding claim 8, the prior art fails to teach the closure device has a base body with one or more media passages through which a medium can flow in the pre-assembly position. No such media passages are disclosed or suggested by Shimada.
No motivation could be found to modify the prior art in order to arrive at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N SMALLEY whose telephone number is (571)272-4547. The examiner can normally be reached M-F 9:00 am to 6:00 pm.
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, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES N SMALLEY/Examiner, Art Unit 3733
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