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 .
Claim Rejections - 35 USC § 112
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 23-24 and 26 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.
Claim 23 recites the limitation “the second end”. This limitation lacks antecedent basis and is indefinite as it is unclear whether it is intended to be a newly claimed limitation or for claim 23 was intended to depend on a claim that does recite such (e.g. claim 22). Appropriate clarification and correction is required. For examination purposes Examiner assumes Applicant intended to claim “a second end”.
Claim 26 recites the limitation “the support”. This limitation lacks antecedent basis and is indefinite as it is unclear whether it is intended to be a newly claimed limitation or for claim 26 was intended to depend on a claim that does recite such (e.g. claim 25). Appropriate clarification and correction is required. For examination purposes Examiner assumes Applicant intended claim 26 to depend on claim 25.
Claim 24 is indefinite by virtue of depending on indefinite claim 23 (see above).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 21-23, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mori et al. (US 5,526,549).
With regard to claim 21, Mori (first interpretation) discloses a seal assembly (as seen in Figs. 2-4), comprising: a seal (1) including a first section (as labeled in Examiner annotated Figs. 2-3 below) and a second section (as labeled in Examiner annotated Figs. 2-3 below) extending from the first section (as seen in Figs. 2-3), the seal has a sealing passageway (i.e. the portion 2 is passing through) extending through the first section and the second section along a longitudinal direction (as seen in Figs. 2-3), the second section has an adhesive channel (i.e. the channel shaped interior of the seal containing adhesive 3) extending around the sealing passageway (as seen in Figs. 2-3), the adhesive channel opening on an end of the second section (as seen in Figs. 2-3), and extending into the second section in the longitudinal direction (as seen in Figs. 2-3); and an adhesive (3) positioned in the adhesive channel of the second section (as seen in Figs. 2-3), the adhesive is disposed on an inner surface of the seal in the second section (as seen in Figs. 2-3).
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With additional/alternate regard to claim 21, Mori (second interpretation) discloses a seal assembly (as seen in Figs. 2-4), comprising: a seal (1) including a first section (as labeled in Examiner annotated Figs. 2-3 below) and a second section (as labeled in Examiner annotated Figs. 2-3 below) extending from the first section (as seen in Figs. 2-3), the seal has a sealing passageway (i.e. the portion 2 is passing through) extending through the first section and the second section along a longitudinal direction (as seen in Figs. 2-3), the second section has an adhesive channel (i.e. the channel shaped interior of the seal containing adhesive 3) extending around the sealing passageway (as seen in Figs. 2-3), the adhesive channel opening on an end of the second section (as seen in Figs. 2-3), and extending into the second section in the longitudinal direction (as seen in Figs. 2-3); and an adhesive (3) positioned in the adhesive channel of the second section (as seen in Figs. 2-3), the adhesive is disposed on an inner surface of the seal in the second section (as seen in Figs. 2-3).
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With regard to claim 22, Mori (second interpretation) discloses that the second section tapers from a first end (as labeled in Examiner annotated Figs 2-3 above) connected to the first section (as seen in Figs. 2-3) to a second end (as labeled in Examiner annotated Figs 2-3 above) opposite the first end along the longitudinal direction (as seen in Figs. 2-3).
With regard to claim 23, Mori (first interpretation) discloses that the second section is connected to the first section at a first end thereof (as seen in the first Examiner annotated Figs. 2-3 above), and the adhesive channel is open on the second end opposite the first end in the longitudinal direction (as seen in the first Examiner annotated Figs. 2-3 above).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-2, 4-6, 8-9, 12-13, 21-23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Fernandes et al. (US 2023/0307866) in view of Mori et al. (US 5,526,549).
With regard to claim 1, Fernandes discloses a seal assembly (including 130, as seen in Figs. 11-13, etc.), comprising: a seal (130) including a first section (as labeled in Examiner annotated Fig. 11 below); a second section (as labeled in Examiner annotated Fig. 11 below) extending from the first section (as seen in Fig. 11), a sealing passageway (i.e. the innermost central opening as seen in Figs. 11-13) extending through the first section and the second section along a longitudinal direction (as seen in Figs. 11-13), the first section having a plurality of ribs (as labeled in Examiner annotated Fig. 11 below) formed of an elastomeric material (as disclosed in para. [0044], etc.), the second section has an adhesive channel (i.e. the larger diameter central opening, which is a channel and is capable of receiving an adhesive) extending around the sealing passageway (as seen in Figs. 11-13); and a support (136) supporting the elastomeric material in the first section (as seen in Figs. 11).
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Fernandes fails to disclose an adhesive positioned in the adhesive channel of the second section, the adhesive is disposed on an inner surface of the seal in the second section.
Mori (first interpretation and second interpretations, see above) discloses a seal assembly (as seen in Figs. 2-4), comprising: a seal (1) including a first section (as labeled in Examiner annotated Figs. 2-3 above) and a second section (as labeled in Examiner annotated Figs. 2-3 above) extending from the first section (as seen in Figs. 2-3), the seal has a sealing passageway (i.e. the portion 2 is passing through) extending through the first section and the second section along a longitudinal direction (as seen in Figs. 2-3), the second section has an adhesive channel (i.e. the channel shaped interior of the seal containing adhesive 3) extending around the sealing passageway (as seen in Figs. 2-3), the adhesive channel opening on an end of the second section (as seen in Figs. 2-3), and extending into the second section in the longitudinal direction (as seen in Figs. 2-3); and an adhesive (3) positioned in the adhesive channel of the second section (as seen in Figs. 2-3), the adhesive is disposed on an inner surface of the seal in the second section (as seen in Figs. 2-3).
It would have been considered obvious to one having ordinary skill in the art, at the time the invention was made, to have modified the device of Fernandes to include an adhesive positioned in the adhesive channel of the second section, the adhesive is disposed on an inner surface of the seal in the second section as taught by Mori. Such a modification would have provided the expected benefits of better securing the conductor/cable in the seal.
With regard to claim 2, the combination (Fernandes) discloses that the second section tapers (i.e. at 138) from a first end connected to the first section to a second end opposite the first end along the longitudinal direction (as seen in Fig 11).
With regard to claim 4, the combination (Fernandes) discloses that the ribs circumferentially surround the seal and protrude outward from the seal in the first section (as seen in Fig. 11).
With regard to claim 5, the combination (Fernandes) discloses that the seal has a first thickness in a height direction perpendicular to the longitudinal direction in the first section and the seal has a second thickness in the height direction in the second section, the first thickness is greater than the second thickness (as seen in Fig. 11 as at least the thickness of the ribs is greater than that of the tapering portion 138).
With regard to claim 6, the combination (Fernandes) discloses that the first section and the second section are monolithically formed in a single piece from the elastomeric material (as seen in Fig. 11).
With regard to claim 8, the combination (Fernandes) discloses that the support is positioned in the first section (as seen in Fig. 11) and the elastomeric material extends around and is captured by the support in the first section (as seen in Fig. 11), the support defines the sealing passageway in the first section (as seen in Fig. 11 as it defines part thereof even if not the inner periphery thereof).
With regard to claim 9, the combination (Fernandes) discloses that the second section is formed of the elastomeric material (as seen in Fig. 11), the elastomeric material defines the sealing passageway and the adhesive channel in the second section (as seen in Fig. 11).
With regard to claim 12, the combination (Fernandes) discloses that the sealing passageway has a first height in a height direction perpendicular to the longitudinal direction and a first width in a width direction perpendicular to the longitudinal direction and the height direction (as seen in Fig. 11 as it has these dimensions (e.g. the diametrical directions thereof)), the adhesive channel has a second height in the height direction and a second width in the width direction (as seen in Fig. 11 as it has these dimensions (e.g. the diametrical directions thereof)), the second height is greater than the first height and the second width is greater than the first width (as seen in Fig. 11 as the adhesive channel is larger at least in comparison to 170).
With regard to claim 13, the combination (Mori) discloses that the adhesive is a heat-activated adhesive (as disclosed in col. 2 lines 57-63 as it is a hot melt adhesive which is considered a type of heat-activated adhesive).
With regard to claim 21, Fernandes discloses a seal assembly (including 130, as seen in Figs. 11-13, etc.), comprising: a seal (130) including a first section (as labeled in Examiner annotated Fig. 11 above) and a second section (as labeled in Examiner annotated Fig. 11 above) extending from the first section (as seen in Figs. 11, etc.), the seal has a sealing passageway (i.e. the innermost central opening as seen in Figs. 11-13) extending through the first section and the second section along a longitudinal direction (as seen in Figs. 11-13), the second section has an adhesive channel (i.e. the larger diameter central opening, which is a channel and is capable of receiving an adhesive) extending around the sealing passageway (as seen in Figs. 11-13), the adhesive channel opening on an end of the second section (as seen in Figs. 11-13), and extending into the second section in the longitudinal direction (as seen in Figs. 11-13).
Fernandes fails to disclose an adhesive positioned in the adhesive channel of the second section, the adhesive is disposed on an inner surface of the seal in the second section.
Mori (first interpretation and second interpretations, see above) discloses a seal assembly (as seen in Figs. 2-4), comprising: a seal (1) including a first section (as labeled in Examiner annotated Figs. 2-3 above) and a second section (as labeled in Examiner annotated Figs. 2-3 above) extending from the first section (as seen in Figs. 2-3), the seal has a sealing passageway (i.e. the portion 2 is passing through) extending through the first section and the second section along a longitudinal direction (as seen in Figs. 2-3), the second section has an adhesive channel (i.e. the channel shaped interior of the seal containing adhesive 3) extending around the sealing passageway (as seen in Figs. 2-3), the adhesive channel opening on an end of the second section (as seen in Figs. 2-3), and extending into the second section in the longitudinal direction (as seen in Figs. 2-3); and an adhesive (3) positioned in the adhesive channel of the second section (as seen in Figs. 2-3), the adhesive is disposed on an inner surface of the seal in the second section (as seen in Figs. 2-3).
It would have been considered obvious to one having ordinary skill in the art, at the time the invention was made, to have modified the device of Fernandes to include an adhesive positioned in the adhesive channel of the second section, the adhesive is disposed on an inner surface of the seal in the second section as taught by Mori. Such a modification would have provided the expected benefits of better securing the conductor/cable in the seal.
With regard to claim 22, the combination (Fernandes) discloses that the second section tapers (i.e. at 138) from a first end connected to the first section to a second end opposite the first end along the longitudinal direction (as seen in Figs. 11-13).
With regard to claim 23, the combination (Fernandes) discloses that the second section is connected to the first section at a first end thereof (as seen in Fig. 11), and the adhesive channel is open on the second end opposite the first end in the longitudinal direction (as seen in Fig. 13).
With regard to claim 25, the combination (Fernandes) discloses that the seal includes a rigid support (136) positioned within the first section (as seen in Figs. 11 and 13).
Allowable Subject Matter
Claims 14-16 are allowed.
Examiner’s Recommendations
In the interest of compact prosecution Examiner recommends incorporating claims 25 and 26 into both independent claim 21 and independent claim 1.
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 NICHOLAS L FOSTER whose telephone number is (571)270-5354. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at (571) 272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS L FOSTER/Primary Examiner, Art Unit 3675
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