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 .
Election/Restrictions
Claims 22-30, 32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/30/2026.
Applicant's election with traverse of Species of Group I in the reply filed on 04/30/2026 is acknowledged. The traversal is on the ground(s) that technical features alleged to be shared by these groups constitute a special technical feature. This is not found persuasive because the technical features shared by the groups do not constitute a special technical feature as explained in the rejection below.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 31 is/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 pre-AIA the applicant regards as the invention.
Regarding claim 31, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
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) 17-21, 31 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Shaw (20160069474).
Regarding claim 17, Shaw, Fig. 1,2,6 discloses device for a valve in process fluid technology, comprising: a sealing element 24 which itself provides the shut-off body, and which comprises a plurality of functional regions (inner side portion, outer side portion) ; at least one electrically conductive elastomer portion 26,28 (Para 25,31) which is associated with the sealing element 24 and which is assigned, to one of the plurality of functional regions (circular region under wire 26); and an operating unit (signal source at 27, Para 29) which is designed to operate the electrically conductive elastomer portion 26,28.
As to claim 18, the electrically conductive elastomer portion 26,28 is integrally bonded to the sealing element 24 (26 as ink trace deposit, Para 29, and 28 as coating application, Para 31).
As to claim 19, the electrically conductive elastomer portion 26,28 alternately covers a static functional region (clamping region) and a dynamically loaded functional region (exposed middle region).
As to claim 20, static functional region is a clamping portion (Fig 10, clamped by 45) of a sealing element designed as a valve diaphragm, the clamping portion acting to produce a sealing effect (at 47) toward the outside, and wherein the dynamic functional region comprises a movable deformation zone of the valve diaphragm, the deformation zone being located within the clamping portion and adjoining the clamping portion.
As to claim 21, two electrical contacts 27, which are electrically conductively connected to different portions of the electrically conductive elastomer portion 26,28, are arranged on a on a tab 19 protruding from the narrow side.
As to claim 31, the sealing element has an elastomeric, electrically insulating main body 24, to which the at least one electrically conductive elastomer portion 26,28 is integrally bonded.
Claim(s) 17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Schaal (EP 3415759 A1).
Regarding claim 17, Schaal discloses a device for a valve in process fluid technology, comprising: a sealing element 11 which interacts with a movable shut-off body 15 of the valve, and which comprises a plurality of functional regions (for example, central, middle, peripheral, clamped); at least one electrically conductive elastomer portion 12,16 which is associated with the sealing element 11 and which is assigned to the plurality of functional regions; and an operating unit (bridge, Fig 7) which is designed to operate the electrically conductive elastomer portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Atif Chaudry at phone number 571-270-3768. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881, or Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ATIF H CHAUDRY/Primary Examiner, Art Unit 3753
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