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 amendment filed 12/12/25 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 3-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Amended claim 1 recites “wherein the profiled support has two recesses on the exterior side thereof, each recess being provided for one of the sealing elements, respectively, wherein each sealing element is arranged in a corresponding one of said recesses, respectively, and connected to the profile support”. The current disclosure only has support for the “an additional elastomeric profile seal is connected to an exterior side”. The disclosure does not have support for the elastomeric main seal and the additional elastomeric profile seal being on the exterior side.
Claims 3-12 are rejected for depending on a rejected claim.
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.
Claims 1 and 3-12 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 1 recites the limitation "one of the sealing elements" in line 8, "each sealing element" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “two sealing sides” in line 10. Since line 5 already claims an exterior side, it would be obvious to conclude that the “second side” would be an interior side; however, this interpretation would fail because the additional elastomeric profile seal is only connected to an exterior side. The claims must be amended to clearly define the “sides”.
Claim 1 recites “two sealing elements” in line 10, “one of the sealing elements” in line 8, “each sealing element” in line 8, and “each sealing element” in line 11. It is unclear to the examiner as to which “sealing elements” correspond to the claimed instances. The claims must be amended to clearly define the “sealing elements”.
Claim 1 recites “wherein the profiled support has two recesses on the exterior side thereof, each recess being provided for one of the sealing elements, respectively, wherein each sealing element is arranged in a corresponding one of said recesses, respectively, and connected to the profile support”. The wording of the claim makes it unclear as to what is being claimed since “sealing elements” has not been defined. For the purposes of this examination, the examiner is interpreting the claim to be claiming two recesses wherein the additional elastomeric profile seal is arranged in the recesses.
Claims 3-12 are rejected for depending on a rejected claim.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3-9 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.
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 GILBERT Y LEE whose telephone number is (571)272-5894. The examiner can normally be reached Monday-Friday 8am-430pm.
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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.
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/GILBERT Y LEE/Primary Examiner, Art Unit 3675
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