DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to claim(s) 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.
Claim Rejections - 35 USC § 103
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) 1, 3, 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al (US. 9901004) in view of Larson et al (US. 20160116064) and further in view of Hargrave (US. 9528241).
Kang discloses a sealed joint assembly comprising a plastic component (e.g. 110), a metal component (e.g. cover 120), wherein the plastic component and the metal component define a cavity (e.g. cavity having 140) in an assembled position (e.g. see figure 3), a material sealant (e.g. 140) disposed within the cavity, wherein the material sealant is in contact with the plastic component and the metal component (e.g. see figure 3) and the material sealant is completely filled in the cavity.
Kang discloses the invention as claimed above but fails to disclose the material sealant is room temperature vulcanized material sealant. Larson discloses a sealant that is liquid or semi solid or RTV (e.g. paragraph 0015). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the material sealant of Kang be selected as room temperature vulcanized material sealant as taught by Larson, with reasonable expectation of success to provide curing of sealant at room temperature (inherent function of room temperature vulcanized material sealant or RTV, see description "room temperature vulcanized silicone in paragraph 0015 of Larson).
Kang discloses the invention as claimed above but fails to disclose a buffer component that is separate and distinct which is disposed within the cavity that contacts with the plastic component and the metal component, the buffer component comprises a base portion and a finger portion extending from the base portion, wherein the finger portion of the buffer component is surrounded by the RTV material sealant on a first side and a second side of the finger portion. Hargrave discloses a first component (e.g. 10’) with a cavity (cavity 18), a second component (10), the first and second component are brough together so as to contact a buffer component (e.g. figure 5a or 5b or 5l) having a base portion and a finger portion and the cavity having the buffer element which is separate than the first and second components. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the cavity of Kang to have a buffer component that contacts the plastic component and the metallic component as taught by Hargrave with reasonable expectation of success to provide sealing contact with 1st and 2nd components (see Hargrave, “FIGS. 5A-5L show various alternative embodiments, with compressible and/or resilient seal members 40a-40l of differing configurations, which may be used with or without the provision of a dispersible sealant. Various other geometrical configurations, sizes, proportions or shapes may be applied to the seal member within the scope of the invention, to provide sealing contact, encapsulation of dispersible sealant, and/or spring-like bias of interlock elements into contact, in similar fashion to the above described embodiments.”). It is noted that the combination of Kang and Hargrave teach a buffer component in the cavity of Kang which will be immersed in viscous sealant of Kang to provide structure of sealant on both side of the finger of the buffer component.
Regarding claim 3: The combination of Kang and Hargrave teaches wherein the base portion of the buffer component is in contact with the plastic component and the finger portion is in contact with the metal component.
Regarding claim 5: The combination of Kang and Hargrave (e.g. figure 5B, 5C, 5F and 5J) teach that the finger portion have a rounded distal end.
Regarding claim 10: The combination of Kang and Hargrave (“The seal member 40 may comprise natural or synthetic rubber, plastic or other flexible and/or compressible material(s) of construction, such as for example flexible vinyl, Teflon, Viton, Buna-N, EPDM, nitrile, silicone, rubber, polyurethanes, polyolefins, thermoplastic elastomers, or other polymers or other materials. In example embodiments, the seal member 40 has a hardness of about 40-90 durometer, or in particular example embodiments about 60 durometer”) teach that the buffer component is formed of one of at least one of rubber, thermoplastic elastomer, and a thermoplastic vulcanizate.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kang, Larson and Hargrave.
Kang discloses the claimed invention except for the metal component is formed of aluminum. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the housing be made of aluminum with reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. It is noted that choosing aluminum provides predictable limitation of reducing weight of housing (nature of aluminum being lighter than other metals).
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 VISHAL A PATEL whose telephone number is (571)272-7060. The examiner can normally be reached 7:00 am to 4:00pm.
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, Christine Mills can be reached at 571-272-8322. 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.
VISHAL A. PATEL
Examiner
Art Unit 3675
/VISHAL A PATEL/Primary Examiner, Art Unit 3675
Prosecution Insights