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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/07/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because Figs. 2-5 and 8 lack cross-hatching which makes it difficult to view separate parts. See CFR 1.84(h)(3) that require hatching must be used to indicate section portions of an object, and must be by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty.
The drawings are also objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a spacer element…decouples the first and second toggle joints from each other” of claim 30 must be shown or the feature canceled from the claim. In Figs. 4 and 5, the spacer element 35 appears to be integrally formed as a single part with the at least one lever joint, therefore, 35 does not seem to allow any kind of decoupling between the first and second toggle joints of the at least one lever joint. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 19-21, 23, and 32 are objected to because of the following informalities:
Claim 19 recites “a radially outer, first axial pressing region and/or a radially inner, second axial pressing region” and should delete the commas to recite “a radially outer[[,]] first axial pressing region and/or a radially inner[[,]] second axial pressing region” since the commas can be ambiguous and appear to separate the limitation such that “a radially outer,” and “first axial pressing region” are separate parts, however, deleting the commas would be clear and consistent with applicant’s invention.
Claim 20 recites “wherein the first axial pressing region…and the second axial pressing region” and should be “wherein the radially outer first axial pressing region…and the radially inner second axial pressing region” to be consistent with claim 19.
Claim 21 recites “wherein the second axial pressing region” and should be “wherein the radially inner second axial pressing region”.
Claim 23 recites “the sealing unit comprises a first outer sealing element…the sealing unit comprises a second outer sealing element…the sealing unit comprises at least one inner sealing element” and should be “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” since claim 16 previously defined the sealing unit comprises at least one sealing element and these sealing elements are directed to the claimed elements in claim 23. This would avoid ambiguity that the previously recited “at least one sealing element” is different from the sealing elements in claim 23.
Claim 32 recites “(42)…(40, 41)” and should be deleted to avoid any ambiguity of anything implied by reference numerals in the claims.
Claim 32 recites “a plurality individual toggle lever segments” and should be “a plurality of individual toggle lever segments”.
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.
Claims 22, 24-27, and 30 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 22 recites “a first axial separation…and/or in comparison to the first axial separation” which is unclear because the condition “or” would not include “a first axial separation” and would lack proper antecedent basis. So it is unclear if under the “or” condition intended to include a first axial separation or not. Claim 22 also recites “smaller in comparison to the first angle” which is unclear for the same reasons above and unclear if “the first angle” is the same as the previously recited first exterior angle. For examination purposes, claim 22 will be interpreted as the following:
“The sealing device of claim 17, wherein the sealing device is movable between a neutral position and a sealing position, and wherein:
the first and second pressing elements, when in the neutral position with respect to one another, have a first axial separation and/or the first and second lever elements of the at least one toggle lever have a first exterior angle relative to each other[[;]], and
the first and second pressing elements, when in the sealing position, have a second axial separation that is smaller in comparison to the first axial separation, and/or the first and second lever elements of the at least one toggle lever have a second exterior angle relative to each other that is smaller in comparison to the first exterior angle; or
the first and second pressing elements, when in the sealing position, have a second axial separation that is smaller in comparison to a first axial separation, and/or the first and second lever elements of the at least one toggle lever have a second exterior angle relative to each other that is smaller in comparison to a first exterior angle.”. This interpretation allows proper antecedent basis for each limitation in each condition of “and” and “or”.
Claim 24 recites “the lever joint” which is unclear if this is narrowing the previously recited “at least one lever joint” to a single lever joint or referring back to the at least one lever joint. For examination purposes, the limitation will be interpreted as “the at least one lever joint”.
Claim 25 recites “the inner pressing portion” which is unclear if this is narrowing the previously recited “at least one inner pressing portion” to a single inner pressing portion or referring back to the at least one inner pressing portion. For examination purposes, the limitation will be interpreted as “the at least one inner pressing portion”.
Claim 26 recites “the outer pressing portion” which is unclear if this is narrowing the previously recited “at least one outer pressing portion” to a single outer pressing portion or referring back to the at least one outer pressing portion. For examination purposes, the limitation will be interpreted as “the at least one outer pressing portion”.
Claim 27 recites “the lever joint” multiple times and is unclear for the same reasons above for claim 24.
Claim 30 recites “a spacer element…decouples the first and second toggle joints from each other” which is unclear how the spacer element 35 as shown in Fig. 5 is able to decouple the first and second toggle joints when spacer element 35 appears to be integrally formed as a single part with the at least one lever joint 12 or 13.
Claim 30 recites “and/or spaces the first and second toggle joints apart from each other, the spacer element comprising…” which is unclear if the comma is part of both of the conditions of “and/or”. For examination purposes, the limitation will be interpreted as “and/or spaces the first and second toggle joints apart from each other[[,]]; and the spacer element comprising…” such that the limitation will be part of both conditions of “and/or”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 16-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Genderen (WO 2000/053964 A1).
In regard to claim 16, Genderen discloses a sealing device (Fig. 1 shows a sealing device) for sealing an annular gap (Fig. 1, the sealing device is capable of sealing an annular gap), the sealing device comprising:
a pressing unit configured to apply an axial force in an axial direction of the sealing device (Fig. 1, the parts 7 and 13 define a pressing unit intended to apply an axial force in an axial direction of the sealing device);
a sealing unit including at least one sealing element configured to be pressed by the pressing unit outwards and/or inwards in a radial direction of the sealing device (Fig. 1, the liner at 29 defines a sealing unit which has at least one sealing element configured to be pressed by 7 and 13 outwards and inwards in a radial direction. See the sealing unit at 20 which the center is pressed inwards and the sides are pressed radially outward similar to applicant’s invention.); and
at least one toggle lever unit including at least one toggle lever configured to convert the axial force applied by the pressing unit into a radially inwardly directed first radial force and/or into a radially outwardly directed second radial force (Fig. 1, at least one toggle lever unit at 19 that is lined with 29 has at least one toggle lever that converts the axial force in a radially inwardly directed first radial force at the center of 19 and a radially outwardly directed second radial force at the axial ends of 19 since the axial ends move radially away from the center. As shown in Fig. 1, this allows the sealing unit 19 to fit various outer pipe diameters.),
wherein the at least one toggle lever comprises a first lever element, a second lever element (Fig. 1, the two axial ends 31 define first and second lever elements), and at least one lever joint that hingedly interconnects the first and second lever elements (Fig. 1, the center between both 31 defines at least one lever joint that hingedly interconnects both 31 together).
In regard to claim 17, Genderen discloses the sealing device of claim 16, wherein the pressing unit comprises a first pressing element positioned on a first end face of the sealing device (Fig. 1, the axial face of 7 facing 19 defines a first pressing element positioned on a first end face) and a second pressing element positioned on a second end face of the sealing device (Fig. 1, the axial face of 13 facing 19 defines a second pressing element positioned on a second end face).
In regard to claim 18, Genderen discloses the sealing device of claim 17, wherein the pressing unit further comprises at least one fixing element that interconnects the first and second pressing elements in such a way that an axial length defined between the first and second pressing elements is variable (Fig. 1, bolt holes at 14 and 8 allow a bolt as a fixing element that interconnects 7 and 13 in such a way that an axial length is variable similar to applicant’s invention to allow connecting to a variety of outer pipe diameters).
In regard to claim 19, Genderen discloses the sealing device of claim 17, wherein the first pressing element comprises a first axial pressing surface (Fig. 1, the axial face of 7 defines a first axial pressing surface) and the second pressing element comprises a second axial pressing surface (Fig. 1, the axial face of 13 defines a second axial pressing surface), the first axial pressing surface and/or the second axial pressing surface comprising a radially outer first axial pressing region and/or a radially inner second axial pressing region (See image below, both first axial pressing surface of 7 and second axial pressing surface of 13 has a radially outer first axial pressing region that presses toward 19 and a radially inner second axial pressing region that presses toward 19 and against 29).
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In regard to claim 20, Genderen discloses the sealing device of claim 19, wherein the radially outer first axial pressing region extends parallel to a radial axis of the sealing device in a longitudinal sectional view of the sealing device (See image below, the radially outer first axial pressing region is straight radial surface that extends parallel to a radial axis of the sealing device in a longitudinal sectional view of the sealing device) and the radially inner second axial pressing region extends obliquely to the radial axis in the longitudinal sectional view of the sealing device (See image below, the radially inner second axial pressing region extends obliquely to the radial axis because the surface at the radially inner second axial pressing region has at least a defined tangent forming an oblique angle relative to the radial axis).
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In regard to claim 21, Genderen discloses the sealing device of claim 20, wherein the radially inner second axial pressing region extends obliquely to the radial axis such that an axial width of the first pressing element and/or of the second pressing element widens in the radially inward direction (See image below, at the radially inner second axial pressing region, there is an axial widening in the radially inward direction towards the innermost radially part of the radially inner second axial pressing region).
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In regard to claim 22, Genderen discloses the sealing device of claim 17, wherein the sealing device is movable between a neutral position and a sealing position (Fig. 1, the sealing device at 19 has at least a neutral position to allow a pipe to be inserted then a sealing position in which the sealing device is compressed until a center of 29 contacts an outer surface of the pipe. This allows for a variety of pipe diameters to be connected to the sealing device and this is a similar function to applicant’s invention.), and wherein:
the first and second pressing elements, when in the neutral position with respect to one another, have a first axial separation (Fig. 1, 7 and 13 have a first axial separation in the neutral position) and/or the first and second lever elements of the at least one toggle lever have a first exterior angle relative to each other (Fig. 1, the first and second lever elements of 19 at both 31 have a first exterior angle relative to each other), and
the first and second pressing elements, when in the sealing position, have a second axial separation that is smaller in comparison to the first axial separation (Fig. 1, when in the sealing position, defines a second axial separation that is smaller than the first axial separation because 7 and 13 compress inwards to force the center of 19 inwards in order to contact an outer surface of a pipe), and/or the first and second lever elements of the at least one toggle lever have a second exterior angle relative to each other that is smaller in comparison to the first exterior angle (Fig. 1, both 31 has a second exterior angle relative to each other that is smaller in comparison to the first exterior angle. See the sealing device at 20 which the second angle would be smaller compared to a wider angle at 19. This relative angle of the lever elements is similar to applicant’s invention.); or
the first and second pressing elements, when in the sealing position, have a second axial separation that is smaller in comparison to a first axial separation, and/or the first and second lever elements of the at least one toggle lever have a second exterior angle relative to each other that is smaller in comparison to a first exterior angle (See the “and” condition above for the same reasons which includes all the limitations following “or”).
In regard to claim 23, Genderen discloses the sealing device of claim 17, wherein:
the at least one sealing element comprises a first outer sealing element located between the first pressing element and the at least one toggle lever unit in the axial direction of the sealing device (Fig. 1, the portion of 29 that contacts 7 defines a first outer sealing element which is axially between the first pressing element of 7 and the at least one toggle lever unit at 31), wherein the at least one sealing element comprises a second outer sealing element located between the second pressing element and at least one the toggle lever unit in the axial direction of the sealing device (Fig. 1, the portion of 29 that contacts 13 defines a first outer sealing element which is axially between the first pressing element of 7 and the at least one toggle lever unit at 31); and/or
the at least one sealing element comprises at least one inner sealing element (Fig. 1, the portion at 28 that contacts pipe 2 defines at least one inner sealing element).
In regard to claim 24, Genderen discloses the sealing device of claim 16, wherein the at least one toggle lever comprises, in a region of the at least one lever joint thereof, at least one inner pressing portion for transmitting the first radial force (Fig. 1, region at 28 that contacts pipe 2 defines at least one inner pressing portion for transmitting the radially inwardly directed first radial force) and/or at least one outer pressing portion for transmitting the second radial force (Fig. 1, region at one of 31 defines at least one outer pressing portion for transmitting the radially outwardly directed second radial force which allows the first radial force to apply pressure against an outer surface of an inserted pipe).
In regard to claim 25, Genderen discloses the sealing device of claim 24, wherein the at least one inner pressing portion comprises a pressing edge that extends in a circumferential direction of the sealing device (Figs. 1 and 2, edge of 19 near 28 and also shown in Fig. 2 at 36 define a pressing edge against 29 and extends in a circumferential direction) and/or has a roll-off rounding (Fig. 2, cross-section of the pressing edge near 39 shows the pressing edge is round-shaped, therefore, can be reasonably interpreted as having a roll-off rounding).
In regard to claim 26, Genderen discloses the sealing device of claim 25, wherein the at least one outer pressing portion comprises a pressing surface that extends obliquely to a radial axis of the sealing device in a longitudinal sectional view of the sealing device (Figs. 1 and 2, at one of the 31 which is also shown in Fig. 2 at 31a or 31b are both angled to define at least one angle obliquely to a radial axis of the sealing device in a longitudinal sectional view of the sealing device as shown).
In regard to claim 27, Genderen discloses the sealing device of claim 16, wherein the first lever element comprises a first inner pressing portion in a region of a first end of the first lever element facing the at least one lever joint (See image below, indicated first inner press portion is at least a portion that protrudes inward and faces the at least one lever joint along the arrow) and a first outer pressing portion in a region of a second end of the first lever element facing away from the at least one lever joint (See image below, indicated first outer pressing portion in a region of a second end of the first lever element faces away from the at least one lever joint as indicated by the associated arrow), wherein the second lever element comprises a second inner pressing portion in a region of a first end of the second lever element facing the at least one lever joint (See image below, indicated second inner pressing portion similar to the first inner pressing portion) and a second outer pressing portion in a region of a second end of the second lever element facing away from the at least one lever joint (See image below, indicated second outer pressing portion is similar to the first outer pressing portion).
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In regard to claim 28, Genderen discloses the sealing device of claim 16, wherein the first lever element and/or the second lever element comprises, on a radial inner side thereof, at least one receiving cavity (See image below, indicated cavities are located on a respective radial inner side of the first and second lever elements) in which a compensation fold of the sealing unit is configured to be at least partially accommodated (See image below and Fig. 1, the sealing unit 29 at least bends/folds into the indicated cavities to line against the toggle lever unit, therefore, the portion of 29 that bends/folds into the indicated cavities define at least one compensation fold partially accommodated).
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In regard to claim 29, Genderen discloses the sealing device of claim 16, wherein the at least one lever joint comprises a first toggle joint and a second toggle joint (Fig. 2, portion at 31a and portion at 31b define first and second toggle joints), with the first and second toggle joints being spaced apart from each other in the axial direction of the sealing device (Fig. 2, 31a and 31b are spaced apart from each other in the axial direction).
In regard to claim 30, Genderen discloses the sealing device of claim 29, wherein the at least one toggle lever further comprises a spacer element located between the first and second toggle joints in the axial direction (Fig. 2, the portion near 39 which is a center defines a spacer located between 31a and 31b) and spaces the first and second toggle joints apart from each other (Fig. 2, the spacer near 39 spaces 31a and 31b apart from each other similar to applicant’s invention); and
the spacer element comprising a first leg, a second leg, and a connecting portion that interconnects the first and second legs (Fig. 2, the spacer element near 39 define at least two legs that directly connects to 31a and 31b respectively and a center portion that interconnects the first and second legs. This is similar to applicant’s invention of a spacer element 35 shown in Fig. 5 where 35 is also U-shaped or C-shaped like Genderen).
In regard to claim 31, Genderen discloses the sealing device of claim 16, wherein the at least one toggle lever comprises a first toggler lever and a second toggle lever (See image below, indicated first and second toggle levers), the first and second toggle levers being spaced apart from one another in the circumferential direction of the sealing device (See image below, the first and second toggle levers are spaced apart in a circumferential direction) such that a movement cavity is formed between the first toggle lever and the second toggle lever in the circumferential direction of the sealing device (See image below, the slot between the first and second toggle levers define at least a movement cavity which allows the flexible movement of the toggle lever unit), the movement cavity being configured such that the first and second lever elements and/or the at least one lever joint can move into the movement cavity when the sealing device is moved from a neutral position into a sealing position (See image below, the movement cavity is for allowing the first and second lever elements and the at least one lever joint to move into the movement cavity in order to move from a neutral position into a sealing position).
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In regard to claim 32, Genderen discloses the sealing device of claim 31, wherein the first toggle lever and the second toggle lever are connected to form a toggle lever segment via at least one connecting element (See image above for claim 31, the portion that connects the first and second toggle levers define at least one connecting element which forms a toggle lever segment), the toggle lever unit comprising a plurality of individual toggle lever segments that form a toggle lever assembly (See image above for claim 1 and Fig. 2, the toggle lever unit is formed of a plurality of the first and second toggle levers connected by a connecting element which forms a toggle lever assembly circumferentially).
In regard to claim 33, Genderen discloses the sealing device of claim 16, wherein the sealing unit, on a radial outer side thereof, comprises a toggle lever cavity in which the toggle lever unit is located (Fig. 1 and see image above for claim 28, the sealing unit 29 has on a radial outer side thereof, a cavity of the toggle lever unit which defines at least a toggle lever cavity that receives a lining portion of 29).
In regard to claim 34, Genderen discloses a toggle lever unit for a sealing device, wherein the sealing device comprises a pressing unit configured to apply an axial force in an axial direction of the sealing device and a sealing unit including at least one sealing element configured to be pressed by the pressing unit outwards and/or inwards in a radial direction of the sealing device, the toggle lever unit comprising:
at least one toggle lever configured to convert the axial force applied by the pressing unit into a radially inwardly directed first radial force and/or into a radially outwardly directed second radial force,
wherein the at least one toggle lever comprises a first lever element, a second lever element, and at least one lever joint that hingedly interconnects the first and second lever elements (See claim 1 above for the same reasons that discloses all the features of claim 34).
Conclusion
The following prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
Gignac et al. (US 5,697,194), Zitting et al. (US 4,717,160), Royston (US 4,538,841), Murai et al. (US 3,964,754), Barton (US 3,528,668), Fulton (US 3,045,830), and Clark (US 1,813,529) disclose a sealing device having a pressing unit connected by at least one bolt to compress at least a sealing unit to seal a variety of outer pipe diameters which is similar to the crux of applicant’s invention of compressing a sealing unit to fit a variety of pipe diameters.
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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