Prosecution Insights
Last updated: July 17, 2026
Application No. 18/708,174

METHOD FOR PRODUCING A SEALING ELEMENT, SEALING ELEMENT AND USE OF A SEALING ELEMENT PRODUCED ACCORDING TO SUCH A METHOD

Final Rejection §103
Filed
May 07, 2024
Priority
Dec 20, 2021 — DE 10 2021 133 871.9 +1 more
Examiner
LEE, EDMUND H
Art Unit
1744
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Vr Automotive Dichtungssysteme GmbH
OA Round
3 (Final)
69%
Grant Probability
Favorable
4-5
OA Rounds
10m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
803 granted / 1157 resolved
+4.4% vs TC avg
Strong +18% interview lift
Without
With
+17.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
40 currently pending
Career history
1195
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
74.7%
+34.7% vs TC avg
§102
6.3%
-33.7% vs TC avg
§112
14.7%
-25.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1157 resolved cases

Office Action

§103
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 final Office action mailed 4/15/26 has been replaced with this Corrected final Office action. 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) 27-29, 31-44, and 47-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN212564523 (English machine translated herewith) in view of Jelinek (USPN 2717025). In this article claim, the limitation of the claimed sealing element being formed by injection molding or compression molding has not been given patentable weight since article claims are examined for its structure rather than how it is made. See MPEP 2113. The injection molding or compression molding of the article does not impart distinctive structural characteristics to the final article. Regarding claim 27, CN212564523 teach: 27. A sealing element (CN212564523: flange joint 30; figs 1 and 5) with a rectangular shape in an unwound state (CN212564523: in an unrolled state, flange joint 30 is shown to have a rectangular shape; fig 5), the sealing element comprising: a first direction of extension (CN212564523: fig 5; long side of the rectangular shape), a second direction of extension (CN212564523: fig 5; short side of the rectangular shape), a first opening (CN212564523: fig 1; together the column limiting 34 and conduit 32 constitute an opening), a second opening (CN212564523: fig 1; together the column limiting 34 and conduit 32 constitute an opening), at least two sections of the sealing elements, each section having a partially cylindrical shape in the unwound state (CN212564523: fig 5) and a cylindrical end contour (CN212564523: fig 1; in the wound state, the flange joint is cylindrical), wherein: the sealing element is formed by an injection moulding process or a compression moulding process (CN212564523: short specification; figs 1 and 5; flange joint is made of PP material and injection molded), and the sealing element is manufactured from a first material (CN212564523: short specification; figs 1 and 5; flange joint is made of PP material and injection molded), and an area between a first section of the at least two sections of the sealing element and a second section of the at least two sections of the sealing element has a reduced wall thickness (CN212564523: short specification; fig 5 shows grooves between segments to allow for folding, wherein the grooves have a reduced wall thickness compared to the segments). However, CN212564523 does not teach the sealing element is manufactured from at least a first material and a second material, wherein the second material at least partially covers the first material in a third direction of extension, the third direction of extension arranged orthogonally to the first direction of extension and the second direction of extension. Jelinek teaches composite sealing gaskets comprised of at least a first material and a second material, wherein the second material fully covers the first material (Jelinek: col 1:45-53; col 2:9-43; and figs 1-3). Jelinek also teaches composite sealing gaskets have the benefit of structural elasticity, shape-retaining properties, and also chemical resistance (Jelinek: col 1:45-53; col 2:9-43; and figs 1-3). Since CN212564523 and Jelinek are analogous with respect to sealing elements, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the composite materials as taught by Jelinek into the flange joint of Volpato et al in order to form a flange joint having the benefits of structural elasticity, shape-retaining properties, and also chemical resistance. Regarding claim 28, such is taught by the above combination of CN212564523 and Jelinek since Jelinek teaches a sealing gasket with a second material completely covering the first material. Regarding claim 29, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5). Regarding claim 31, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5). Regarding claim 32, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5). Regarding claim 33, CN212564523 does not teach the openings having different sizes. Since the specific shape or design of an article is a mere obvious matter of choice dependent on its use and flange joints having differently sized openings are well-known in the flange joint art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the openings of CN212564523 to have differently sized openings in order to diversify its uses. Regarding claim 34, such is taught by (CN212564523: short specification; figs 1 and 5). Regarding claim 35, CN212564523 does not teach the openings having asymmetrical shapes. Since the specific shape or design of an article is a mere obvious matter of choice dependent on its use and flange joints having differently shaped openings are well-known in the flange joint art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the openings of CN212564523 to have asymmetrically shaped openings in order to diversify its uses. Regarding claim 36, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5). Regarding claim 37, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5). Regarding claim 38, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5; the cross-sectional profile of the conduit 32 has a round shape). Regarding claim 39, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5; the cross-sectional profile of the supporting ring 31 has an angular shape). Regarding claim 40, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5). Regarding claim 41, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5; the conduit 32 has grooves). Regarding claim 42, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5; the conduit 32 also serves as tongues so the flange joint does not move when it is positioned within the clamping column 12). Regarding claim 43, CN212564523 does not teach grooves on a radially inner side of the sealing element. Since sealing elements are meant to stay in position and inner anchoring means are well-known in the sealing element art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate grooves on the radially inner side of the flange joint of CN212564523 in order to ensure the joint does not move after placement. Regarding claim 44, CN212564523 does not teach tongue on a radially inner side of the sealing element. Since sealing elements are meant to stay in position and inner anchoring means are well-known in the sealing element art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate tongues on the radially inner side of the flange joint of CN212564523 in order to ensure the joint does not move after placement. Regarding claim 47, such is taught by CN212564523 since CN212564523 teaches using PP material for the flange joint (CN212564523: short specification; figs 1 and 5) Regarding claim 48, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5). Claim(s) 55-58 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN212564523 in view of Jelinek (USPN 2717025) as applied to claim 27. The above teachings of CN212564523 and Jelinek are incorporated hereinafter. Regarding claim 55: 55. A medium distributor (CN212564523: liquid distributor; short specification; figs 1 and 5) comprising: a cylindrical rotary slide valve (CN212564523: rotary shaft 20; figs 1 and 5), a housing (CN212564523: shell 10; figs 1 and 5), and the sealing element according to claim 27 (combined teachings of CN212564523and Jelinek), wherein the sealing element seals the cylindrical rotary slide valve with respect to the housing (CN212564523: short specification; figs 1 and 5). Regarding claim 56, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5). Regarding claim 57, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5). Regarding claim 58, such is taught by CN212564523 (CN212564523: short specification; figs 1 and 5). Applicant’s arguments with respect to claim(s) 27-29,31-44,47-48, and 55-58 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references teaches sealing gaskets: USPN 2798257, USPN 6622893, and DE112017002570. 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 EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM. 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, Xiao (Sam) Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. EHL /EDMUND H LEE/Primary Examiner, Art Unit 1744
Read full office action

Prosecution Timeline

May 07, 2024
Application Filed
Oct 02, 2025
Non-Final Rejection mailed — §103
Dec 30, 2025
Response Filed
Apr 15, 2026
Final Rejection mailed — §103
Jun 02, 2026
Interview Requested
Jun 09, 2026
Examiner Interview Summary
Jun 09, 2026
Applicant Interview (Telephonic)
Jun 16, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
69%
Grant Probability
87%
With Interview (+17.8%)
3y 0m (~10m remaining)
Median Time to Grant
High
PTA Risk
Based on 1157 resolved cases by this examiner. Grant probability derived from career allowance rate.

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