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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Drawings
Changes to the drawings filed on 08/21/2026 are accepted.
Claim Rejections - 35 USC § 112
Claims 16-34 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 16 recites “, the at least one outer sealing element and the at least one inner sealing element configured and/or arranged such that, during intended use, the at least one outer sealing element is pressed radially outward and the least one inner sealing element is pressed radially inward when the sealing device is moved from a neutral position into a sealing position” which is unclear if what follows after “during intended use” is required or not. For examination purposes, the limitation will be interpreted as “, element is pressed radially inward when the sealing device is moved from a neutral position into a sealing position” because the condition of during intended use is already required by the condition set by “when the sealing device is moved from…”.
Claim 23 recites “the at least one sealing element comprises a first outer sealing element…the at least one sealing element comprises a second outer sealing element…the at least one sealing element comprises at least one inner sealing element” which is unclear if these are the same or different from the “at least one outer sealing element and at least one inner sealing element” of claim 16. For examination purposes, the limitation will be interpreted as “the at least one outer sealing element comprises a first outer sealing element…the at least one outer sealing element comprises a second outer sealing element…
Claim 34 is unclear for similar reasons above for claim 16 and will be itnerrpeted in the same manner as claim 16 above.
All dependent claims of these claims are rejected under 112th second paragraph by virtue of their dependency. Thus, claims 17-33 are rejected under 112th second paragraph.
Allowable Subject Matter
Claims 16 and 34 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 17-33 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance of claims 16 and 34:
In regard to claim 16, Genderen discloses all the features of claim 16 as described in the Non-Final Rejection filed on 05/28/2026 but does not show or suggest the at least one outer sealing element is pressed radially outward when the sealing device is moved from a neutral position in to a sealing position as required by claim 16 filed on 08/21/2026. It would not have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Genderen to include the at least one outer sealing element is pressed radially outward when the sealing device is moved from a neutral position in to a sealing position with a reasonable expectation of success because such a modification would require hindsight reasoning and reconstruction.
In regard to claim 34, the claim is allowable for the same reasons above for claim 16.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 William S. Choi whose telephone number is (571)272-8223. The examiner can normally be reached Mon - Fri 9:30-5:30.
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, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM S. CHOI/Primary Examiner, Art Unit 3679
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