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 .
DETAILED ACTION
Election/Restriction
Claim 16 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/28/2025. It is noted that no arguments are present for the traversal.
This election/restriction is made final.
Response to Arguments
Applicant's arguments filed 10/28/2025 have been fully considered but they are not persuasive.
Applicants’ argument that examiner has mischaracterized the elements of Bordman (“The gasket assembly 10 is then placed between the mating components such as an intake manifold and engine block and secured by fasteners to prevent fluid leaks from occurring in the area therebetween) is not persuasive since as stated in the rejection below and in Bordman the gasket assembly 10 seals components (e.g. the gasket assembly comprises 12 and 28 which is capable of being placed between a 1st component that is intake manifold and a second component that is engine block).
Applicant is misconstruing the reference of Bordman, the reference clearly states that the gasket assembly 10 is what provides sealing between two components (The gasket assembly 10 is then placed between the mating components such as an intake manifold and engine block and secured by fasteners to prevent fluid leaks from occurring in the area therebetween).
Applicants’ argument with regard to emphasis added on page 7 of the response filed on 10/28/2025 is not persuasive since the gasket assembly 10 of Bordman has projection 46 of an inner seal member that is snap-fit between plurality of 1st and 2nd seal retaining sections 22 and 24, respectively.
Applicant has traversed the rejection and provided amendment to claim 1 in interest of compact prosecution is not persuasive since the reference of Brodman teaches all limitation of current amended claim 1.
It is noted applicant has not provided any arguments with regard to rejection set by Kesler in view of Broadman. It is noted that Kesler teaches a gasket assembly similar to applicants except for the outer member having 1st and 2nd plurality of retaining sections which are taught by Broadman.
In conclusion no claims are allowable in view of the rejections provided below.
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.
Claim(s) 1-2, 9-11, 13-14 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boardman (5145190).
Boardman discloses a seal assembly for an air conditioning system (e.g. intended use the seal assembly of Boardman is capable of being used in air conditioning system) comprising an annular inner seal member (e.g. 28) formed from a first material, an annular outer seal member (e.g. 12) coupled to the inner seal member by a snap-fit (e.g. 28 placed between tabs 22 and 24, locking member 46 must be deformed and then undeform to be laced between 22 and 24 and this is considered to be snap-fit), the annular outer seal member having an inner surface (e.g. inner diameter of 12), an outer surface (e.g. outer surface that is opposite of the inner surface), a first surface (e.g. 18) and a second surface (e.g. 20) opposing the first surface, the annular outer seal member formed from a second material (e.g. figures and entire document). Wherein the annular outer seal member includes a plurality of first seal retaining sections interposed between a plurality of second seal retaining sections each receiving an outer surface (e.g. outer surface of 46 of the annular inner seal member), each of the plurality of first seal retaining sections and the plurality of second retaining section is formed at the inner surface of the annular outer seal member (e.g. each of 22 and 24 on the inner surface of the outer seal member).
Regarding claim 2: Wherein the first material is a metal (e.g. 42 is metal).
Regarding claim 9: Wherein each of the plurality of first seal retaining sections and each of the plurality of second seal retaining sections extend at a range between about 0 and 180 degree intervals with respect to the inner surface of the annular outer seal member (e.g. see figure 2 showing 22 and 24).
Regarding claim 10: Wherein each of the plurality of first seal retaining sections and each of the plurality of second seal retaining sections extend at one of 30 degree intervals, 45 degree intervals, and 60 degree intervals (e.g. see figure showing 22 and 24).
Regarding claim 11: Wherein each of the first seal retaining sections include a first lip (e.g. lip formed by 22) extending inwardly from the inner surface of the annular outer seal member adjacent the first surface of the annular outer seal member, and wherein each of the second seal retaining sections include a second lip (e.g. lip formed by 24) extending inwardly from the inner surface of the annular outer seal member adjacent the second surface of the annular outer seal member.
Regarding claim 13-14: Wherein the annular outer seal member has a first protuberance formed on at least one of the first surface and the second surface thereof and wherein the annular outer seal member has a second protuberance formed on the at least one of the first surface and the second surface thereof (e.g. protuberance 22 and 24).
Regarding claim 18: Boardman discloses a seal assembly for an air conditioning system comprising: an annular inner seal member formed from a first material, an annular outer seal member coupled to the inner seal member, the annular outer seal member having an inner surface, an outer surface, a first surface and a second surface opposing the first surface (e.g. 12 having inner surface with 22 and 24, outer surface opposite the inner surface, a first surface 18 and a second surface 20), wherein the inner surface includes a plurality of first seal retaining sections (e.g. one of 22 and 24) are interposed between a plurality of second seal retaining sections (e.g. other of 22 and 24) cooperating with each other to snap-fit the annular inner seal member to the annular outer seal member.
Regarding claim 19: Wherein the annular outer seal member is formed from a second material and each of the first seal retaining sections and the second seal retaining sections include a lip (e.g. lips of 22 and 24) extending inwardly from the inner surface of the annular outer seal member.
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.
Claim(s) 1-4, 6-7, 12 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kesler et al (US 9261194) in view of Boardman.
Kesler discloses a seal assembly for an air conditioning system (e.g. intended use the seal assembly of Kesler is capable of being used in air conditioning system) comprising an annular inner seal member (e.g. 12) formed from a first material, an annular outer seal member (e.g. 14) coupled to the inner seal member by snap-fit (e.g. that would be the case since the diameter of 20 is larger than diameter of 14 and the inner seal member is metallic and the outer seal member is more flexible than the inner seal member), the annular outer seal member having an inner surface (e.g. inner surface having a channel 22 with tapered surfaces), an outer surface (e.g. outer surface of 14), a first surface (e.g. 1st surface having number 24) and a second surface (e.g. 2nd surface opposite the 1st surface) opposing the first surface, the annular outer seal member formed from a second material (e.g. figures and entire document). Regarding claim 2, Wherein the first material is metal (e.g. see description of 12, tin coated copper). Regarding claim 3, Wherein the first material is an aluminum alloy (e.g. 12 can be made of aluminum). Regarding claim 4, Wherein the first material is a copper alloy (e.g. tin coated copper is material of 12). Regarding claim 6, Wherein the second material is one of a thermoplastic elastomer, thermoplastic vulcanizate, a thermoplastic polyurethane and a thermoplastic rubber (see the second material). Regarding claim 7, Wherein the annular inner seal member is coated with tin (e.g. 12 is tine coated copper element). Wherein the inner surface of each of the first seal retaining sections is inclined in a first direction and the inner surface of the second seal retaining sections is inclined in an equal but opposite second direction from the first direction (e.g. figure below).
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Kessler discloses the invention as claimed above but fails to disclose 1st lip on the first surface having a plurality of first seal retaining sections and 2nd lip on the second surface having a plurality of first seal retaining sections. Boardman teaches to have an outer member with 1st lip, 2nd lip and the lips having plurality of 1st and 2nd retaining sections (e.g. 22 and 24). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to make annular 1st and 2nd lips Kessler to have 1st and 2nd plurality of retaining sections as taught by Boardman with reasonable expectation of success to provide flexibility to easy insertion of inner member to outer member (e.g. inherent since the lips are segment and not continuous or annular and see description of 22 and 24 in Boardman).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kessler ‘194 and Boardman and further in view of Kessler (US20200200307A1).
Kessler ‘194 discloses the invention as claimed above but fails to disclose the second material is nylon. Kessler ‘307 teaches to have the seal made of elastomer or nylon or thermoplastic elastomer. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the second material of Kessler ‘194 to be nylon or thermoplastic elastomer as taught Kessler ‘307, with reasonable expectation of success since the material would be selected as based on necessity of the required property (e.g. one can choose material based on material hand book or property of material and furthermore the material are interchangeable as provided in paragraph 0050 of Kessler ‘307).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kessler ‘194, Broadman and Kessler ‘307 and further in view of Schmitt (e.g. US.20120056386).
Kessler discloses the invention as claimed above but fails to disclose the outer seal member is formed from a pair of components coupled to each other, wherein a first one of the pair of components is a nylon and a second one of the pair of components is a thermoplastic. Schmitt discloses a seal made of three members (e.g. 4, 6 and 2), an outer member (e.g. 4) being softer material and the outer member is made of thermoplastic. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the outer seal member of Kessler can have an outer coating or member as taught by Schmitt with reasonable expectation of success to seal imperfection on the outer component (inherent due to the soft material of Schmitt).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kessler ‘194 and Broadman and further in view of Galle (US. 5570911).
Kessler discloses the invention as claimed above but fails to disclose wherein a plurality of ribs are formed on the outer surface of the annular outer seal member. Galle discloses an outer member (e.g. 47) with plurality of ribs (e.g. 57 and 59) on an outer surface (e.g. 61). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the outer surface of the annular outer seal member of Kessler to have plurality of ribs as taught Galle with reasonable expectation of success, to provide mounting on a component with a groove structure (e.g. see description of 57, 41 and etc in Galle).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 VISHAL A PATEL whose telephone number is (571)272-7060. The examiner can normally be reached 7:00 am to 4:00pm.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675