Prosecution Insights
Last updated: April 18, 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§112
Filed
May 07, 2024
Examiner
LEE, EDMUND H
Art Unit
1744
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Vr Automotive Dichtungssysteme GmbH
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
87%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
790 granted / 1143 resolved
+4.1% vs TC avg
Strong +18% interview lift
Without
With
+18.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
41 currently pending
Career history
1184
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
73.4%
+33.4% vs TC avg
§102
6.2%
-33.8% vs TC avg
§112
13.7%
-26.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1143 resolved cases

Office Action

§103 §112
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 drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the third direction of extension (cl 27:12-13) and the predetermined the buckling point (cls 45-47) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim 36 and 45 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 36 is indefinite because it is unclear whether the first opening is arranged behind the second opening when the sealing element is in the unwound state or cylindrical end contour. Claim 45 is indefinite because it is unclear how there can be an area between the at least one section if there is only one section. The presence of only one section is within the metes and bounds of the claim. There has to be at least two sections for there to be an area between sections. Corrections are required. 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) 27-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Volpato et al (USP 2020/0180187) in view of Jelinek (USPN 2717025).. Regarding claim 27, Volpato et al teach: 27. A sealing element (Volpato et al: paras. 0118-0139; figs 4,5, and 7) with a rectangular shape in an unwound state (Volpato et al: paras. 0118-0139; figs 4,5, and 7), the sealing element comprising: a first direction of extension (Volpato et al: paras. 0118-0139; figs 4,5, and 7; long side of the rectangle), a second direction of extension (Volpato et al: paras. 0118-0139; figs 4,5, and 7; short side of the rectangle), a first opening (Volpato et al: paras. 0118-0139; figs 4 and 7), a second opening (Volpato et al: paras. 0118-0139; figs 4 and 7), and a cylindrical end contour (Volpato et al: paras. 0118-0139; fig 5), wherein: the sealing element is formed by an injection moulding process or a compression moulding process (Volpato et al: paras. 0118-0139; figs 4,5, and 7), and the sealing element is manufactured from a first material (Volpato et al: paras. 0118-0139; figs 4,5, and 7). However, Volpato et al 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 Volpato et al and Jelinek are analogous with respect to sealing gaskets, 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 sealing gasket of Volpato et al in order to form a sealing gasket having the benefits of structural elasticity, shape-retaining properties, and also chemical resistance. Regarding claim 28, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Regarding claim 29, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Regarding claim 30, Volpato et al do not teach the partially cylindrical shape in the unwound state. Since it is well-known in the reshaping art to preform portions of a substrate in order to reduce stress on the substrate during its reshaping, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design a section of the precursor element P of Volpato et al to have a partial cylindrical shape in order to reduce stress in the sealing element when it is reshaped into the cylindrical end contour. Regarding claim 31, such is taught by Volpato et al since the section would be the curved portion of the sealing element of Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7) Regarding claim 32, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Regarding claim 33, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7; fig 7 shows two differently sized openings). Regarding claim 34, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Regarding claim 35, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7; fig 7 shows two differently sized openings that are asymmetric) Regarding claim 36, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Regarding claim 37, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Regarding claim 38, Volpato et al do not teach the round cross-section profile. Such is well-known in the sealing gasket art for its uniform sealing pressure. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the sealing element of Volpato et al to have a round cross-section profile in order to ensure uniform sealing pressure. Regarding claim 39, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Regarding claim 40, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Regarding claims 41-44, Volpato et al do not teach the claimed groove. Since sealing gaskets having anchoring means, grooves or springs or projections, are well-known in the sealing art to prevent rotation of the sealing gasket, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate grooves into the sealing element of Volpato et al in order to prevent movement of the sealing gasket during use. Regarding claim 45, Volpato et al teach multiple sections of the sealing element having a curved contour (fig 4) but do not teach an area between sections having a partially cylindrical shape when unwound. Since it is well-known in the reshaping art to preform portions of a substrate in order to reduce stress on the substrate during its reshaping, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the areas of the precursor element P of Volpato et al to have a partial cylindrical shape in order to reduce stress in the sealing element when it is reshaped into the cylindrical end contour. Regarding claim 46, Volpato et al do not teach the buckling point having a reduced wall thickness. Since it is well-known in the reshaping art to thin material at stress points/buckling points in order to reduce stress and, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to thin the material at the buckling points or curving points of Volpato et al in order to facilitate reshaping without damaging the sealing element. Regarding claim 47, Volpato et al do not teach using only one material at the buckling point. Since it is well-known in the reshaping art to use a single material instead of a composite at stress points/buckling points in order to reduce stress and, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use a single material at the buckling points or curving points of Volpato et al in order to facilitate reshaping without damaging the sealing element. Regarding claim 48, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Claim(s) 49-54 is/are rejected under 35 U.S.C. 103 as being unpatentable over Volpato et al (USP 2020/0180187) in view of Jelinek (USPN 2717025) as applied to claim 27. The above teachings of Volpato et al and Jelinek are incorporated hereinafter. Regarding claim 49, Volpato et al teach: 49. A method for manufacturing the sealing element according to claim 27, the method comprising: forming the sealing element in an unwound state by an injection moulding process or a compression moulding process (combined teachings of Volpato et al and Jelinek) and forming a cylindrical end contour (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Regarding claim 50, such is taught by the combination of Volpato et al and Jelinek. Regarding claim 51, Volpato et al do not teach annealing the sealing element after forming the sealing element in the unwound state. Since it is well-known in the molding art to partially cure/anneal a substrate before a step of reshaping in order to reduce cycle time and better control substrate flow. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to anneal the precursor element of Volpato et al in order to reduce cycle time and better control substrate flow during the subsequent reshaping step. Regarding claim 52, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7). Regarding claim 53, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 4,5, and 7; bonding agent applied to the precursor element constitutes the coating). Regarding claim 54, such is taught by the combination of Volpato et al and Jelinek (Jelinek: col 4:33-45). Claim(s) 55-58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Volpato et al (USP 2020/0180187) in view of Jelinek (USPN 2717025) as applied to claim 27. The above teachings of Volpato et al and Jelinek are incorporated hereinafter. Regarding claim 55: 55. A medium distributor (Volpato et al: paras. 0118-0139; figs 1-31) comprising: a cylindrical rotary slide valve (Volpato et al: paras. 0118-0139; figs 1-31), a housing (Volpato et al: paras. 0118-0139; figs 1-31), and the sealing element according to claim 27 (combined teachings of Volpato et al and Jelinek), wherein the sealing element seals the cylindrical rotary slide valve with respect to the housing (Volpato et al: paras. 0118-0139; figs 1-31). Regarding claim 56, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; fig 9). Regarding claim 57, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 9 and 14-15). Regarding claim 58, such is taught by Volpato et al (Volpato et al: paras. 0118-0139; figs 14-17). 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. 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
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Prosecution Timeline

May 07, 2024
Application Filed
Sep 30, 2025
Non-Final Rejection — §103, §112
Dec 30, 2025
Response Filed
Apr 10, 2026
Final Rejection — §103, §112 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
69%
Grant Probability
87%
With Interview (+18.2%)
3y 2m
Median Time to Grant
Moderate
PTA Risk
Based on 1143 resolved cases by this examiner. Grant probability derived from career allow rate.

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