DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/06/2026 has been entered.
Claim Objections
Claims 1-13 are objected to because of the following informalities:
Claims 1 and 10 recite “wherein each of the first leg and the second has an inner surface at least a portion of which that is planar”. This appears to be a typographic error, and should read “wherein each of the first leg and the second leg has an inner surface at least a portion of which that is planar”. Appropriate correction is required.
Claims 2-12 and 11-13 are objected to as have a base claim with and objection.
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 1-6, 8-9 and 14-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Scalf et al. (US 2012/0313330) (hereinafter Scalf).
Regarding claim 1, Scalf discloses a method for manufacturing a seal (See at least Figure 5, paragraphs [0001-0003], [0006], [0014], [0024] “More specifically, gasket 100 includes a base 116, a bulb portion 118, and a dart assembly 120 integrally formed as one-piece using any suitable molding process”, and [0034-0037]), the method comprising: molding a material into a mold to form an unclosed seal (See Figure 5), the unclosed seal comprising a first leg and a second leg connected via a connecting portion (See Figure 1 below), wherein a distal end of each of the first leg and the second leg are spaced from one another, and wherein each of the first leg and the second has an inner surface at least a portion of which that is planar and uninterrupted from the connecting portion to the distal end of the respective leg and facing one another to facilitate removal of the unclosed seal from the mold, and wherein the connecting portion of the unclosed seal within the mold (See Figure 5) has a curved inner surface that extends between the inner surface of the first leg and the inner surface of the second leg such that the inner surface of the first leg and the inner surface of the second leg extend substantially parallel to one another and directly from opposite ends of the curved inner surface of the connecting portion (See Figure 1 below. Examiner notes that the inner surface of the connecting portion includes numerous “curves” and is therefore considered to be “a curved inner surface”. Additionally, the curved inner surface of the Connecting Portion extends between the inner surface of the first leg and the inner surface of the second leg, as shown in Figure 1 below) and removing the unclosed seal from the mold, wherein the first leg and the second leg are configured to be connected to form a bulb seal.
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[AltContent: textbox (First Leg)][AltContent: textbox (Second Leg)][AltContent: textbox (Connecting Portion)][AltContent: arrow][AltContent: textbox (Figure 1: Scalf et al. (US 2012/0313330), Figure 3 (Examiner Amended))][AltContent: arrow][AltContent: arrow][AltContent: textbox (First Foot)][AltContent: textbox (Second Foot)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Bulb Portion)][AltContent: textbox (Retention Portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Inner Surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
Regarding claim 2, Scalf discloses connecting the first leg and the second leg to form the bulb seal comprising a bulb seal retention portion and a bulb portion extending from the bulb seal retention portion (See Figure 1 above).
Regarding claim 3, Scalf discloses wherein connecting the first leg and the second leg comprises connecting a first foot (See Figure 1 above) formed at the distal end of the first leg to a second foot (See Figure 1 above) formed at the distal end of the second leg, the first foot and the second foot each having an increased transverse dimension relative to a proximal portion of the first leg and the second leg.
Regarding claim 4, Scalf discloses wherein connecting of the first leg to the second leg further comprises compressing together the first foot and the second foot and forming a bulb portion of each proximal portion of the first leg and the second leg.
Regarding claim 5, Scalf discloses wherein connecting of the first leg to the second leg further comprises inserting the distal end of the first leg and the distal end of the second leg into a retention groove (See Figure 4).
Regarding claim 6, Scalf discloses wherein connecting the first leg to the second leg comprises interlocking the first leg and the second leg via coupling a first interlocking device coupled to the first leg (at least element 172) and a second interlocking device (elements 170 and 174) coupled to the second leg.
Regarding claim 8, Scalf discloses wherein molding the material into the unclosed seal comprises forming a plug (element 172) on a first interior side of the first leg and forming a slot (element 174) on the second interior side of the second leg.
Regarding claim 9, Scalf discloses wherein connecting the first leg and the second leg to form the bulb seal further comprises coupling the plug to the slot (See at least Figure 4).
Regarding claim 14, Scalf discloses a bulb seal comprising: a first leg (See Figure 1 above) having an inner surface (See Figure 1 above); and a second leg (See Figure 1 above) connected to the first leg via a connecting portion (See Figure 1 above),
the second leg having an inner surface facing the inner surface of the first leg (See Figure 1 above), [wherein the first leg and the second leg are movable between an unclosed configuration (Figure 3) in which each of the inner surface of the first leg and the inner surface of the second leg is planar and uninterrupted from the connecting portion to a distal end of the respective leg, the connecting portion has a curved inner surface that extends between the inner surface of the first leg and the inner surface of the second leg (Examiner notes that the inner surface of the connecting portion includes numerous “curves” and is therefore considered to be “a curved inner surface” that extends between the inner surface of the first leg and the inner surface of the second leg, as shown in Figure 1 above) such that the inner surface of the first leg and the inner surface of the second leg extend substantially parallel to one another and directly from opposite ends of the curved inner surface of the connecting portion (See at least Scalf Figures 3-5), and wherein the distal end of the first leg is uncoupled to the second leg and a closed configuration (Figure 4) in which the distal end of the first leg is coupled to the second leg, thereby defining a bulb seal retention portion and a bulb portion]*.
Examiner’s note: *The above statement in brackets is an example of an intended use statement that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to the structure of a bulb seal, the prior art must only be capable of meeting the structural recitation in order to be applicable, and in this case, the examiner maintains that the bulb seal disclosed by Scalf is entirely capable of the intended use statement. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham 2 USPQ2d 1647 (1987).
Regarding claim 15, Scalf discloses wherein: the first leg comprises a first foot (See Figure 1 above) formed at the distal end of the first leg; the second leg comprises a second foot (See Figure 1 above) formed at a distal end of the second leg; and the first and second feet comprise an increased transverse dimension relative to a proximal portion of the first leg and the second leg.
Regarding claim 16, Scalf discloses wherein the bulb seal retention portion comprises the first foot and the second foot (See Figure 1 above).
Regarding claim 17, Scalf discloses a first interlocking device (See Figure 1 above) coupled to the first leg and a second interlocking device (See Figure 1 above) coupled to a second leg
Regarding claim 18, Scalf discloses wherein the first interlocking device is a plug and wherein the second interlocking device is a slot.
Regarding claim 19, Scalf discloses wherein the first interlocking device is adhered to the first leg and wherein the second interlocking device is adhered to the second leg (Examiner notes that at least element 170 is “adhered”).
Regarding claim 20, Scalf discloses wherein the first interlocking device is formed on the first leg and wherein the second interlocking device is formed on the second leg.
Claims 1-6, 8-9 and 14-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Scalf et al. (US 2012/0313330) (hereinafter Scalf) (Alternate interpretation).
Regarding claim 1, Scalf discloses a method for manufacturing a seal (See at least Figure 5, paragraphs [0001-0003], [0006], [0014], [0024] “More specifically, gasket 100 includes a base 116, a bulb portion 118, and a dart assembly 120 integrally formed as one-piece using any suitable molding process”, and [0034-0037]), the method comprising: molding a material into a mold to form an unclosed seal (See Figure 5), the unclosed seal comprising a first leg and a second leg connected via a connecting portion (See Figure 2 below), wherein a distal end of each of the first leg and the second leg are spaced from one another, and wherein each of the first leg and the second has an inner surface at least a portion of which that is planar (Examiner notes that at least a portion of the inner surface is planar) and uninterrupted from the connecting portion to the distal end of the respective leg and facing one another to facilitate removal of the unclosed seal from the mold (See Figure 2 below, at least a portion of the legs are facing one another), and wherein the connecting portion of the unclosed seal within the mold (See Figure 5) has a curved inner surface that extends between the inner surface of the first leg and the inner surface of the second leg such that the inner surface of the first leg and the inner surface of the second leg extend substantially parallel to one another and directly from opposite ends of the curved inner surface of the connecting portion (See Figure 2 below, the first and second legs extend from the connecting portion in a parallel manner) and removing the unclosed seal from the mold, wherein the first leg and the second leg are configured to be connected to form a bulb seal.
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[AltContent: textbox (First Leg)][AltContent: textbox (Second Leg)][AltContent: textbox (Connecting Portion)][AltContent: arrow][AltContent: textbox (Figure 2: Scalf et al. (US 2012/0313330), Figure 3 (Examiner Amended))][AltContent: arrow][AltContent: arrow][AltContent: textbox (First Foot)][AltContent: textbox (Second Foot)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Bulb Portion)][AltContent: textbox (Retention Portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Inner Surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
Regarding claim 2, Scalf discloses connecting the first leg and the second leg to form the bulb seal comprising a bulb seal retention portion and a bulb portion extending from the bulb seal retention portion (See Figure 2 above).
Regarding claim 3, Scalf discloses wherein connecting the first leg and the second leg comprises connecting a first foot (See Figure 2 above) formed at the distal end of the first leg to a second foot (See Figure 2 above) formed at the distal end of the second leg, the first foot and the second foot each having an increased transverse dimension relative to a proximal portion of the first leg and the second leg.
Regarding claim 4, Scalf discloses wherein connecting of the first leg to the second leg further comprises compressing together the first foot and the second foot and forming a bulb portion of each proximal portion of the first leg and the second leg.
Regarding claim 5, Scalf discloses wherein connecting of the first leg to the second leg further comprises inserting the distal end of the first leg and the distal end of the second leg into a retention groove (See Figure 4).
Regarding claim 6, Scalf discloses wherein connecting the first leg to the second leg comprises interlocking the first leg and the second leg via coupling a first interlocking device coupled to the first leg (at least element 172) and a second interlocking device (elements 170 and 174) coupled to the second leg.
Regarding claim 8, Scalf discloses wherein molding the material into the unclosed seal comprises forming a plug (element 172) on a first interior side of the first leg and forming a slot (element 174) on the second interior side of the second leg.
Regarding claim 9, Scalf discloses wherein connecting the first leg and the second leg to form the bulb seal further comprises coupling the plug to the slot (See at least Figure 4).
Regarding claim 14, Scalf discloses a bulb seal comprising: a first leg (See Figure 2 above) having an inner surface (See Figure 2 above); and a second leg (See Figure 2 above) connected to the first leg via a connecting portion (See Figure 2 above),
the second leg having an inner surface facing the inner surface of the first leg (See Figure 2 above, as least a portion of the inner surfaces face each other), [wherein the first leg and the second leg are movable between an unclosed configuration (Figure 3) in which each of the inner surface of the first leg and the inner surface of the second leg is planar (See Figure 2 above, at least a portion of the first and second legs are planar) and uninterrupted from the connecting portion to a distal end of the respective leg, the connecting portion has a curved inner surface that extends between the inner surface of the first leg and the inner surface of the second leg (See Figure 2 above) such that the inner surface of the first leg and the inner surface of the second leg extend substantially parallel to one another and directly from opposite ends of the curved inner surface of the connecting portion (See Figure 2 above, the first and second legs extend from the connecting portion in a parallel manner), and wherein the distal end of the first leg is uncoupled to the second leg and a closed configuration (Figure 4) in which the distal end of the first leg is coupled to the second leg, thereby defining a bulb seal retention portion and a bulb portion]*.
Examiner’s note: *The above statement in brackets is an example of an intended use statement that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to the structure of a bulb seal, the prior art must only be capable of meeting the structural recitation in order to be applicable, and in this case, the examiner maintains that the bulb seal disclosed by Scalf is entirely capable of the intended use statement. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham 2 USPQ2d 1647 (1987).
Regarding claim 15, Scalf discloses wherein: the first leg comprises a first foot (See Figure 2 above) formed at the distal end of the first leg; the second leg comprises a second foot (See Figure 2 above) formed at a distal end of the second leg; and the first and second feet comprise an increased transverse dimension relative to a proximal portion of the first leg and the second leg.
Regarding claim 16, Scalf discloses wherein the bulb seal retention portion comprises the first foot and the second foot (See Figure 2 above).
Regarding claim 17, Scalf discloses a first interlocking device (See Figure 2 above) coupled to the first leg and a second interlocking device (See Figure 2 above) coupled to a second leg
Regarding claim 18, Scalf discloses wherein the first interlocking device is a plug and wherein the second interlocking device is a slot.
Regarding claim 19, Scalf discloses wherein the first interlocking device is adhered to the first leg and wherein the second interlocking device is adhered to the second leg (Examiner notes that at least element 170 is “adhered”).
Regarding claim 20, Scalf discloses wherein the first interlocking device is formed on the first leg and wherein the second interlocking device is formed on the second leg.
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 7 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Scalf et al. (US 2012/0313330) (hereinafter Scalf) in view of Recker (US 2008/0060275).
Regarding claim 7, Scalf does not explicitly identify the molding process used as specifically “compression molding or injection molding”. Recker, however, teaches that it is known in the art to manufacture a bulb seal using either injection molding or compression molding (See paragraph [0030], “One or more bulb seal(s) 51 (e.g., formed via injection molding or compression molding) may be provided to provide a water seal between the sliding panel 27 and the fixed panel(s) 25”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use compression molding or injection molding to manufacture the seal of Scalf, since compression molding or injection molding are well-known molding process, and would function as intended for the purpose of Scalf, and since compression molding and injection molding are well-known in the art as being desirable for high-volume and low cost production, which would be desirable. Additionally, Examiner notes that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use compression molding or injection molding as a process for manufacturing the seal of Scalf, since it is prima facie obvious to choose from a finite number of identified, predictable solutions with a reasonable expectation of results (MPEP 2143(E)), and compression molding or injection molding are one of a finite number of well-known, identified molding processes known in the art.
Regarding claim 10, Scalf discloses a method for manufacturing a seal (See at least Figure 5, paragraphs [0001-0003], [0006], [0014], [0024] “More specifically, gasket 100 includes a base 116, a bulb portion 118, and a dart assembly 120 integrally formed as one-piece using any suitable molding process”, and [0034-0037]), the method comprising: molding a material into an unclosed seal (See Figure 5), the unclosed seal comprising a first leg and a second leg connected via a connecting portion (See Figure 1 above), wherein a distal end of each of the first leg and the second leg are spaced from one another, and wherein each of the first leg and the second has an inner surface at least a portion of which that is planar and uninterrupted from the connecting portion to the distal end of the respective leg and facing one another to facilitate removal of the unclosed seal from the mold (See Figure 1 above), and wherein the connecting portion of the unclosed seal within the mold has a curved inner surface that extends between the inner surface of the first leg and the inner surface of the second leg such that the inner surface of the first leg and the inner surface of the second leg extend substantially parallel to one another and directly from opposite ends of the curved inner surface of the connecting portion (See Figure 1 above. Examiner notes that the inner surface of the connecting portion includes numerous “curves” and is therefore considered to be “a curved inner surface”); and removing the unclosed seal from the mold, wherein the first leg and the second leg are configured to be connected to form a bulb seal.
Scalf does not explicitly identify the molding process used as specifically “compression molding”. Recker, however, teaches that it is known in the art to manufacture a bulb seal using either injection molding or compression molding (See paragraph [0030], “One or more bulb seal(s) 51 (e.g., formed via injection molding or compression molding) may be provided to provide a water seal between the sliding panel 27 and the fixed panel(s) 25”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use compression molding to manufacture the seal of Scalf, since compression molding is a well-known molding process, and would function as intended for the purpose of Scalf, and since compression molding is well-known in the art as being desirable for lower tooling cost with minimal waste, which would be desirable. Additionally, Examiner notes that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use compression molding as a process for manufacturing the seal of Scalf, since it is prima facie obvious to choose from a finite number of identified, predictable solutions with a reasonable expectation of results (MPEP 2143(E)), and compression molding is one of finite number of well-known, identified molding processes known in the art.
Regarding claim 10 (Alternate interpretation), Scalf discloses a method for manufacturing a seal (See at least Figure 5, paragraphs [0001-0003], [0006], [0014], [0024] “More specifically, gasket 100 includes a base 116, a bulb portion 118, and a dart assembly 120 integrally formed as one-piece using any suitable molding process”, and [0034-0037]), the method comprising: molding a material into an unclosed seal (See Figure 5), the unclosed seal comprising a first leg and a second leg connected via a connecting portion (See Figure 2 above), wherein a distal end of each of the first leg and the second leg are spaced from one another, and wherein each of the first leg and the second has an inner surface at least a portion of which that is planar and uninterrupted from the connecting portion to the distal end of the respective leg and facing one another to facilitate removal of the unclosed seal from the mold (See Figure 2 above), and wherein the connecting portion of the unclosed seal within the mold has a curved inner surface that extends between the inner surface of the first leg and the inner surface of the second leg such that the inner surface of the first leg and the inner surface of the second leg extend substantially parallel to one another and directly from opposite ends of the curved inner surface of the connecting portion (See Figure 2 above); and removing the unclosed seal from the mold, wherein the first leg and the second leg are configured to be connected to form a bulb seal. Scalf does not explicitly identify the molding process used as specifically “compression molding”. Recker, however, teaches that it is known in the art to manufacture a bulb seal using either injection molding or compression molding (See paragraph [0030], “One or more bulb seal(s) 51 (e.g., formed via injection molding or compression molding) may be provided to provide a water seal between the sliding panel 27 and the fixed panel(s) 25”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use compression molding to manufacture the seal of Scalf, since compression molding is a well-known molding process, and would function as intended for the purpose of Scalf, and since compression molding is well-known in the art as being desirable for lower tooling cost with minimal waste, which would be desirable. Additionally, Examiner notes that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use compression molding as a process for manufacturing the seal of Scalf, since it is prima facie obvious to choose from a finite number of identified, predictable solutions with a reasonable expectation of results (MPEP 2143(E)), and compression molding is one of finite number of well-known, identified molding processes known in the art.
Regarding claim 11, Scalf discloses wherein the unclosed seal further comprises a first foot formed at the distal end of the first leg and a second foot formed at the distal end of the second leg (See Figures 1 and 2 above), wherein the first foot and the second foot comprise an increased transverse dimension relative to a proximal portion of the first leg and the second leg (See Figures 1 and 2 above).
Regarding claim 12, Scalf discloses wherein connecting of the first leg to the second leg further comprises compressing together the first foot and the second foot and forming a bulb portion of each proximal portion of the first leg and the second leg.
Regarding claim 13, Scalf discloses wherein connecting of the first leg to the second leg further comprises inserting the distal end of the first leg and the distal end of the second leg into a retention groove (See Figure 4).
Claims 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Scalf et al. (US 2012/0313330) (hereinafter Scalf).
Regarding claim 22, Scalf discloses use of interlocks (considered at least elements 170, 172, 174) positioned along a length of the first and second legs. Although the interlocks of the illustrated embodiment of Scalf are not positioned intermittently, Examiner notes that Scalf additionally recites “Alternatively, barb portions 144 and 146 are coupled together using a homogenous material, room temperature vulcanizing (RTV), hotmelt, a rivet, a heatstake, melting, and/or any other suitable coupling mechanism and/or technique that enables barb portions 144 and 146 to be spliced together. Alternatively, or additionally, inner ends 134 of base portions 126 and 128 are coupled together using any suitable coupling mechanism and/or technique” (See paragraph [0030]). Therefore, 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 interlocking mechanism of Scalf such that intermittently positioned rivets or heatstakes are used, as disclosed by Scalf, positioned along a length of the first and second legs, since the bulb seal of Scalf would function as intended with intermittently placed rivets or heatstakes, and since Scalf explicitly discloses use of rivets or heatstakes to be an acceptable alternative to the interlocking mechanism of the illustrated embodiment. Additionally, all the claimed elements were known in the prior art as evidenced above, and one of ordinary skill in the art could have substituted one known element for another, using known methods with no change in their respective functions. Such a substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected. MPEP 2143
Regarding claim 23, Scalf discloses wherein each of the first leg and the second leg turn along their length at a plurality of corners (See Figure 2, element 100 is shown explicitly as turning along the length at a plurality of corners). Although Scalf does not explicitly disclose at least one of the plurality of interlocks is positioned adjacent each of the plurality of corners, Examiner notes that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position the interlocks (i.e. rivet or heatstake), as modified for claim 22 above, such that at least one of the plurality of interlocks is positioned adjacent each of the plurality of corners, since it would be logical and obvious to position at least one of the interlocks “adjacent each of the plurality of corners” in order to ensure that the bulb seal maintains its desired shape at a non-linear portions of the mounted seal, which would be most susceptible to distortion, in order to provide effective sealing as intended. Additionally, Examiner notes that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position the interlocks (i.e. rivet or heatstake), as modified for claim 22 above, such that at least one of the plurality of interlocks is positioned adjacent each of the plurality of corners, since it is prima facie obvious to choose from a finite number of identified, predictable solutions with a reasonable expectation of results (MPEP 2143(E)) and placing an interlock at the corners of the gasket (See Figure 2, element 100) would have been a predictable solution with a reasonable expectation of results.
Response to Arguments
Applicant's arguments filed 2/06/2026 have been fully considered but they are not persuasive.
Regarding the argument “Scalf does not teach, disclose, or otherwise make obvious the features regarding the connecting portion has a curved inner surface that extends between the inner surface of the first leg and the inner surface of the second leg such that the inner surface of the first leg and the inner surface of the second leg extend substantially parallel to one another and directly from opposite ends of the curved inner surface of the connecting portion”. Examiner disagrees, and notes Scalf does disclose the limitation “the connecting portion has a curved inner surface (See Figure 1 above. Examiner notes that the connecting surface of Scalf is continuous and includes numerous “curves”, and is therefore considered to be a “curved connecting surface”) that extends between the inner surface of the first leg and the inner surface of the second leg such that the inner surface of the first leg and the inner surface of the second leg extend substantially parallel to one another and directly from opposite ends of the curved inner surface of the connecting portion” (this configuration is shown in Figure 1 above). Examiner additionally notes that the claim does not require the connecting portion to be continuously curved with no straight/planar portions. Examiner additionally points to the alternate interpretation of Scalf above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN B REPHANN whose telephone number is (571)270-7318. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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/JUSTIN B REPHANN/Examiner, Art Unit 3634