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 .
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.
Claim(s) 1,3,4,6,7,8, and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murillo Y Pacifico (USP 2018/0009137).
1. A method for applying a seal (2) (Murillo Y Pacifico: joint 2; figs 1-3c) onto a plate (3) (Murillo Y Pacifico: plate 3; figs 1-3c), comprising the following steps:
providing a tool (4) (Murillo Y Pacifico: tool 4; figs 1-3c), comprising:
at least one support element (5) made of solid material comprising a recess (11) (Murillo Y Pacifico: supporting element 5 with recess 11; figs 1-3c),
a support element made (Murillo Y Pacifico: supporting element 6; figs 1-3c) of flexible material (6) comprising a first part (6a) (Murillo Y Pacifico: left portion of the head of the supporting element 6; figs 1-3c) and a second part (6b) (Murillo Y Pacifico: right portion of the head and leg of the supporting element 6; figs 1-3c) wherein said support element made of flexible material (6) being is arranged at least partially in said recess (11) (Murillo Y Pacifico: supporting element 6 is flexible and at least partially arranged within the recess 11; figs 1-3c), and
a means for exerting [[a]] pressure (13) in a compensation chamber (12) of said recess (11), wherein said compensation chamber (12) being is delimited at least partially by said second part (6b) of said support element made of flexible material (6) (Murillo Y Pacifico: means 13 feeds air into compensation chamber 12, which is delimited by the right portion and leg of the supporting element 6; figs 1-3c);
delimiting an edge of interest (10) on a portion of the plate (3) on which the seal (2) will is to be applied (Murillo Y Pacifico: para. 0060; figs 1-3c),
placing the plate (3) on the tool (4) such that the edge of interest rests at least on said support element made of flexible material (6) (Murillo Y Pacifico: para. 0060; figs 1-3c),
holding the plate on the tool (4) in a predetermined reference position (Murillo Y Pacifico: para. 0062-0065; figs 1-3c),
applying said seal (2) on the edge of interest (Murillo Y Pacifico: para. 0062-0065; figs 1-3c), and
removing the plate (3) and the seal (2) thereof applied from the tool (4) (Murillo Y Pacifico: para. 0070; figs 1-3c),
characterized in that wherein the first part (6a) of the support element made of flexible material (6) is a fixed part (6a) (Murillo Y Pacifico: a part of the left portion of the head of the supporting element 6 is against the vertical wall of the recess, thus it is fixed within the recess ; figs 1-3c); figs 1-3c) and the second part (6b) is a mobile part (Murillo Y Pacifico: right portion of the head and leg of the supporting element 6 moves because of the pressure exerted by the compensation means 13; figs 1-3c) of the support element made of flexible material(6) and
wherein the edge of interest (10) of the plate rests at least on said mobile part (6b) of said support element made of flexible material (6) and that the support element (6) made of flexible material is made in one piece and encompasses the edge of interest of the plate along a contour of the plate (Murillo Y Pacifico: plate 3 rests on the right portion of the supporting element 6, wherein the supporting element 6 is a single piece of flexible material; figs 1-3c).
Claim 3: Method The method according to the method according to characterized in that wherein said support element (6) made of flexible material is made of an elastic material having a Shore A hardness of less than 90 (Murillo Y Pacifico: para. 0056; figs 1-3c).
Claim 4 : Method The method according to claim 1 one of the previous claims, characterized in that wherein the means for exerting pressure (13) is a mean means wherein air is injected (Murillo Y Pacifico: paras. 0048-0049 and 0062; figs 1-3c).
Claim 6: Method The method according to claim 1 one of the previous claims, characterized in that wherein said plate is a glass plate (Murillo Y Pacifico: para. 0038; figs 1-3c).
Claim 7 : Method The method according to claim 1 one of the previous claims, characterized in that wherein said plate is an automotive glazing selected from chosen amongst a roof and a windshield (Murillo Y Pacifico: para. 0022 and 0040; figs 1-3c).
Claim 8: Method The method according to claim 1 one of the previous claims, characterized in that wherein said support element (6) made of flexible material is designed configured to fit with edges of the plate along a periphery of the plate (Murillo Y Pacifico: para. 0067; figs 1-3c).
Claim 9: Method The method according to claim 1 one of the previous claims, characterized in that wherein the seal is a reactive mixture containing polyurethane, formulated to produce an elastomer material containing polyurethane and having a density greater than 400 kg/m3, applied as the a hardenable composition (Murillo Y Pacifico: para. 0067; figs 1-3c).
Claim 10: Method The method according to claim 1 one of the previous claims, characterized in that wherein an elastic material is used having a Shore A hardness of less than 90 at least is used on at least a surface of the support element (6, 106) made of flexible material,on which and wherein the plate rests on the elastic material (Murillo Y Pacifico: para. 0056; figs 1-3c).
Claim 11: Method The method according to claim 1 one of the previous claims, characterized in that wherein the seal (2) is flush with the edge of interest (10) on a portion of the plate (3) on which the seal (2) will is to be applied (Murillo Y Pacifico: figs 1-3c).
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.
Claim(s) 2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murillo Y Pacifico (USP 2018/0009137) as applied to claim 1 above and further in view of Barteck (USPN 4854599). The above teachings of Murillo Y Pacifico are incorporated hereinafter.
Regarding claim 2, Murillo Y Pacifico teaches supporting element 6 being fixed within the recess 11 by the left vertical wall of the recess, but does not teach a spacer between the fixed part of the supporting element and the vertical wall of the recess. Barteck teaches molding a gasket/joint on a glass pane, wherein a seal body 90 including a cover section 94 is applied to the glass pane (figs 6-7 and 10; col 7:48-col 8:45). It should be noted that leg 109 of cover section 94 is wedged between inner 93 and outer 92 portions of the seal body in order to fix the seal body within a seal recess. Since Murillo Y Pacifico and Barteck are analogous with respect to joints/gaskets on glass panes, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the leg of the cover section of Barteck into the mold or seal unit of Murillo Y Pacifico in order to ensure the supporting means 6 of Murillo Y Pacifico is fixed within the recess.
Regarding claim 5, Murillo Y Pacifico (modified) does not teach the spacer being a part of the support element made of solid material. Since it is well-known in the molding art to use projections from the mold to accurately position a mold tool within a mold, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the mold to include the leg of Barteck in order to facilitate positioning of the supporting element 6 within the recess.
Applicant's arguments filed 5/7/26 have been fully considered but they are not persuasive.
Applicant argues element 6 has only a fixed part and does not have a mobile part because the leg of Murillo Y Pacifico is not mobile respect to the left (fixed) side of the element 6. This argument is misplaced since the pressure generated in the compensation chamber 12 moves the portion of the element 6 contacting the plate 3 at the contact surface 18 further against the plate 3 to create an improved seal for ensuring impermeability of the hardenable composition. See paragraphs 0060-0063 and figs 3a-3c of Murillo Y Pacifico. This movement of the element against the plate caused by the increased pressure within the compensation chamber 12 confirms the presence of a mobile part of the element.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references teach molding a joint/gasket onto a glass pane, wherein seals are used to support the glass pane: USPN 5108687* (seal has fixed part and mobile part); DE102006048413*; JP43174538; BE903283; WO8704973*; and DE10021808* (seal has fixed part and mobile part). DE10154553*** teaches molding a joint along a plate edge using a flexible support member having a fixed and mobile part.
THIS ACTION IS MADE FINAL. 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 EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744
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