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 .
Response to Arguments
Applicant's arguments filed 10/11/2025 have been fully considered but they are not persuasive.
Applicants’ argument regarding the affidavit is not persuasive since the rejection is based on 35 U.S.C. 102 (a)(1). Affidavit are considered in 103 rejections.
Applicants’ argument in the affidavit with regard to hardness is not persuasive since the specific gravity in the range of 0.3 to 0.55 is taught by Keigo. Furthermore Keigo teaches that cellulose fibers can be placed in the resin coating in an amount of 50% by mass, see paragraph 0013. Applicant has not provided any evidence that using a resin coating with fibers will not result in hardness as claimed.
It is noted that applicant has not provided any particular structure such as particular of coating or particular structure of coating that would potentially have the hardness which can be measured by a test (nanoindentation tester).
Applicants’ argument that the office action may interpret that the hardness of not less than 40.0 MPa is the hardness of sponge rubber is not persuasive since the structure of the seal member is taught by Keigo.
Applicant argument is not persuasive since the reference of Keigo teaches a seal member with sponge rubber and a coating thereof. Furthermore no limiting hardness is discussed by Kiego. Examiner has provided evidence that coating with fibers can be of more than 40 MPa, see 20020185824 or 20210276309.
Applicants’ argument with regard to inherency is not persuasive since the only structure claimed is a sponge material with known specific gravity having a coating thereof, which is taught by Keigo or Sato.
Furthermore the references of Keigo and Sato teaches that the sponge rubber is coated and the specific gravity of less than 0.7 and having hardness of greater than 40.0MPa.
It is also noted that the reference of Keigo and Sato teach the seal member having a hardness of not less than 40.0 MPa.
Applicants’ argument with regard to Sato that making a coating with 40MPa would inevitably affect the appearance and door closing ability is not persuasive since the all structure of the seal member in the claims are taught by Sato.
Applicants’ argument with regard to affidavit regarding Sato is also not persuasive since the rejection is based on 35 U.S.C. 102. Furthermore no limiting hardness is discussed by Sato.
Examiner is providing evidence that one can choose a coating which is hard or soft, dense or cellular, flexible or rigid, see US20050048263.
Examiner is providing further evidence that protective layer or decorative coating is formed on a member which would provide 160MPa hardness, see US20210276309A1.
The reference of Sakane et al teaches a seal member with a main body made of an elastomer, a coating on the main body and the seal member having an elastic modulus ranging from 90 to 250 MPa, see US20020185824A1.
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, 3-4 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsumoto, Keigo (US20190161592A1).
Matsumoto discloses a weather strip (e.g. figures) comprising an installation base member (e.g. 2) configured to be operably coupled to a flange of at least one of a peripheral edge of a panel of an automobile or a peripheral edge of an opening of an automobile body of the automobile (the weather strip of Matsumoto is capable of being used in an automobile, intended use see MPEP 2113-2114), a seal member (e.g. seal member 3) integrally molded (e.g. molded is given little or no patentable weight in an apparatus claim, see MPEP 2114) with the installation base member (e.g. 2), the seal member being configured to make elastic contact with the other one of the peripheral edge of the opening or the peripheral edge of the panel when the panel is in a closed position (e.g. again the weather strip of Matsumoto is capable of contacting the panel, intended use see MPEP 2113-2114), the seal member being formed by sponge rubber (e.g. paragraph 0025-0026), the seal member having a coating (e.g. 6) applied on the surface and the seal member having a hardness of not less than 40.0 MPa and not more than 204.7MPa (e.g. that is the case since the sponge rubber is made with specific gravity of 0.3 to 0.55 and coating that is non-sponge material). Wherein the sponge rubber has a specific gravity that falls within a range of 0.30 to 0.55 (e.g. paragraph 0027, “The rubber sponge material 4 covered with the resin coat 6 preferably has a specific gravity less than or equal to 0.7”). Wherein the hardness being measured by a nanoindentation technique in which the coating applied on the surface of the seal member is pushed by an indenter of a nanoindentation tester with a maximum indentation load of 20µN (it is noted that one skill can or is capable of using any technique to measure hardness, even nanoindentation technique).
Regarding claim 3: Wherein the sponge rubber has a specific gravity that falls within a range of 0.40 to 0.55 (e.g. paragraph 0027).
Regarding claim 4: Matsumoto discloses a weather strip comprising: an installation base member configured to be operably coupled to a flange of at least one of a peripheral edge of a panel of an automobile or a peripheral edge of an opening of an automobile body of the automobile (the weather strip of Matsumoto is capable of being used in an automobile, intended use see MPEP 2113-2114), a seal member (e.g. 1) integrally molded (e.g. molded is given little or no patentable weight in an apparatus claim, see MPEP 2114) with the installation base member, the seal member being configured to make elastic contact with the other one of the peripheral edge of the opening or the peripheral edge of the panel when the panel is in a closed position (e.g. again the weather strip of Matsumoto is capable of contacting the panel, intended use see MPEP 2113-2114), the seal member being formed by sponge rubber, the seal member having a coating applied on the surface, the seal member having a hardness that is found by a relational expression between the hardness of the seal member and transmitted sound of the seal member, and the seal member having the hardness that reduces the transmitted sound by not less than 1 dB (e.g. this is the case since the sponge rubber material has a specific gravity in the range of 0.3 to 0.55 and the coating is made of a non-sponge material).
Wherein the seal member has the hardness that is found by the relational expression between the hardness of the seal member and the transmitted sound of the seal member, and the hardness is determined by nanoindentation technique (e.g. the seal member is made of material that is claimed by applicant and will have hardness property). It is noted that one skill can or is capable of using any technique to measure hardness, even nanoindentation technique. Matsumoto discloses a coating applied on the surface of a seal member of a weather strip, the weather strip comprising an installation base member configured to be operably coupled to a flange of at least one of a peripheral edge of a panel of an automobile or a peripheral edge of an opening of an automobile body of the automobile; and the seal member integrally molded with the installation base member, the seal member being configured to make elastic contact with the other one of the peripheral edge of the opening or the peripheral edge of the panel when the panel is in a closed position, and the seal member being formed by sponge rubber, wherein the coating as dried has a hardness of not less than 40.0 MPa and not more than 204.7MPa (e.g. see rejection of claims 1-5).
Regarding claim 7: Wherein a transmitted sound of the seal member having the coating within a frequency of 2000 to 4000 Hz is reduced by not less than 1db as compared to the sponge rubber without the coating (e.g. this is the case since the seal member is a sponge rubber with a coating 6).
Claim(s) 1, 3-4 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al (US. 20170021707A1).
Sato discloses a weather strip (e.g. figures) comprising an installation base member (e.g. base of 12) configured to be operably coupled to a flange of at least one of a peripheral edge of a panel of an automobile or a peripheral edge of an opening of an automobile body of the automobile (the weather strip of Sato is capable of being used in an automobile, intended use see MPEP 2113-2114), a seal member (e.g. seal member 12) integrally molded (e.g. molded is given little or no patentable weight in an apparatus claim, see MPEP 2114) with the installation base member (e.g. base having 11c), the seal member being configured to make elastic contact with the other one of the peripheral edge of the opening or the peripheral edge of the panel when the panel is in a closed position (e.g. again the weather strip of Sato is capable of contacting the panel, intended use see MPEP 2113-2114), the seal member being formed by sponge rubber (e.g. paragraph 0025-0026), the seal member having a coating (e.g. 30, paragraph 0042) applied on the surface and the seal member having a hardness of not less than 40.0 MPa and not more than 204.7MPa (e.g. that is the case since the sponge rubber is made with specific gravity of 0.3 to 0.55 and coating that is non-sponge material, paragraph 0038 and 0053). Wherein the sponge rubber has a specific gravity that falls within a range of 0.30 to 0.55 (e.g. paragraph 0038, “a sponge material having the specific gravity greater than 0.4”). Wherein the hardness being measured by a nanoindentation technique in which the coating applied on the surface of the seal member is pushed by an indenter of a nanoindentation tester with a maximum indentation load of 20µN (it is noted that one skill can or is capable of using any technique to measure hardness, even nanoindentation technique).
Regarding claim 3: Wherein the sponge rubber has a specific gravity that falls within a range of 0.40 to 0.55 (e.g. paragraph 0038).
Regarding claim 4: Sato discloses a weather strip comprising: an installation base member (e.g. base shown in figure 1, base having 11c) configured to be operably coupled to a flange of at least one of a peripheral edge of a panel of an automobile or a peripheral edge of an opening of an automobile body of the automobile (the weather strip of Sato is capable of being used in an automobile, intended use see MPEP 2113-2114), a seal member (e.g. 12) integrally molded (e.g. molded is given little or no patentable weight in an apparatus claim, see MPEP 2114) with the installation base member, the seal member being configured to make elastic contact with the other one of the peripheral edge of the opening or the peripheral edge of the panel when the panel is in a closed position (e.g. again the weather strip of Sato is capable of contacting the panel, intended use see MPEP 2113-2114), the seal member being formed by sponge rubber, the seal member having a coating applied on the surface, the seal member having a hardness that is found by a relational expression between the hardness of the seal member and transmitted sound of the seal member, and the seal member having the hardness that reduces the transmitted sound by not less than 1 dB (e.g. this is the case since the sponge rubber material has a specific gravity in the range of 0.3 to 0.55 and the coating is made of a non-sponge material).
Wherein the seal member has the hardness that is found by the relational expression between the hardness of the seal member and the transmitted sound of the seal member, and the hardness is determined by nanoindentation technique (e.g. the seal member is made of material that is claimed by applicant and will have hardness property). Sato discloses a coating applied on the surface of a seal member of a weather strip, the weather strip comprising an installation base member configured to be operably coupled to a flange of at least one of a peripheral edge of a panel of an automobile or a peripheral edge of an opening of an automobile body of the automobile; and the seal member integrally molded with the installation base member, the seal member being configured to make elastic contact with the other one of the peripheral edge of the opening or the peripheral edge of the panel when the panel is in a closed position, and the seal member being formed by sponge rubber, wherein the coating as dried has a hardness of not less than 40.0 MPa (e.g. see rejection of claims) and not more than 204.7 MPa.
Regarding claim 7: Wherein a transmitted sound of the seal member having the coating within a frequency of 2000 to 4000 Hz is reduced by not less than 1db as compared to the sponge rubber without the coating (e.g. this is the case since the seal member is a sponge rubber with a coating 6).
Conclusion
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675