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 .
Drawings
The drawings are objected to because figures 2-4 fail to include the proper cross sectional shading as set forth in MPEP 608.01(IX). See the relevant section of MPEP 608.01(IX) provided below.
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Finally, the drawings are objected to because they fail to comply with 37 CFR 1.84(l) since the lines, numbers, and letters are not sufficiently dense and dark, and uniformly thick and well-defined as to give the drawings satisfactory reproduction characteristics. See the examples provided below.
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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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the support portion being adapted to overlap the gap and a part of the moveable structure, when seen in a third direction which is essentially orthogonal to the first direction and to the second direction must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. See figure 2 which shows the support portion 65 failing to overlap the moveable structure. Note that the second connecting portion 66 appears to overlap the moveable structure rather than the support portion 65.
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
Claim 2 is objected to because “a base portion” on line 2 brings the clarity of the claim into question because it is unclear if the applicant is referring to the base portion set forth above or is attempting to set forth another base portion in addition to the one set forth above.
Claim 2 is objected to because “the region” on line 3 brings the clarity of the claim into question because it lacks antecedent basis.
Claim 7 is objected to because “is connected to” on line 1 brings the clarity of the claim into question because it appears that the sealing lips and the locking lips are part of the web portion rather than being connected to the web portion.
Claim 7 is objected to because “of the sealing section” on line 3 brings the clarity of the claim into question because it is unclear how the sealing lips can be a part of the sealing section. See figure 2 which shows the sealing lips 60 extending from the web portion 48. It is unclear how the sealing lips 60 can be a part of the sealing section 44.
Claim 13 is objected to because “relatively” on lines 1 and 2 brings the clarity of the claim into question because they are relative terms whose meaning cannot be readily ascertained by one with ordinary skill in the art and are not defined by the specification.
Claim 16 is objected to because “a fixed structure” on line 5 brings the clarity of the claim into question because it is unclear whether or not the applicant is referring to the fixed structure set forth above.
Claim 16 is objected to because “than the convex bulb” on lines 20-21 brings the clarity of the claim into question because it is unclear to what characteristic of the convex bulb the applicant is referring. Is the applicant referring to the location of the bulb or to where the bulb contacts the moveable structure?
Claim 17 is objected to because “[t]he sealing strand” on line 1 brings the clarity of the claim into question because it does not agree with the preamble of claim 16 from which it depends.
Claim 18 is objected to because “is connected to” on line 1 brings the clarity of the claim into question because it appears that the sealing lips and the locking lips are part of the web portion rather than being connected to the web portion.
Claim 18 is objected to because “of the sealing section” on line 3 brings the clarity of the claim into question because it is unclear how the sealing lips can be a part of the sealing section. See figure 2 which shows the sealing lips 60 extending from the web portion 48. It is unclear how the sealing lips 60 can be a part of the sealing section 44.
Appropriate correction is required.
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.
Claims 1-8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/160131 in view of Choi et al. (US 2020/0130488).
With respect to claim 1, WO 2022/160131 discloses a sealing strand (labeled below) for sealing a gap (labeled below) between a fixed structure (labeled below) and a moveable structure (labeled below), the gap having a gap dimension in a first direction (labeled below) and extending in a second direction which is essentially orthogonal to the first direction, the sealing strand comprising:
a carrier section 11, and
a sealing section 12,
wherein the carrier section 11 includes a fastening portion 21 adapted to attach the sealing strand to the fixed structure,
the carrier section 11 includes a first connecting portion (labeled below) that is adapted to be arranged adjacent to the fixed structure, and includes a second connecting portion (labeled below) that is adapted to be arranged distant from the fixed structure,
the sealing section 12 includes a surface sealing portion (labeled below) that is connected to the first connecting portion and forms a convex surface (labeled below) adapted to contact an inner surface of the moveable structure,
the carrier section 11 includes a base portion (labeled below) from which the fastening portion 21 extends in the first direction,
the first connection portion extends from the base portion into the gap as shown in figure 7, and
a gap sealing lip (labeled below) is connected to the first connecting portion and is adapted to contact an edge portion of the fixed structure which faces the gap.
WO 2022/160131 is silent concerning the sealing section 12 including a surface sealing portion that is connected to the first connecting portion and to the second connecting portion of the carrier section and forms a convex bulb adapted to contact an inner surface of the moveable structure.
However, Choi et al. discloses a sealing strand 231 (fig. 4) comprising a sealing section (labeled below) including a surface sealing portion (labeled below) that is connected to a first connecting portion (labeled below) and to a second connecting portion (labeled below) of a carrier section (labeled below) and forms a convex bulb (labeled below) adapted to contact an inner surface of the moveable structure 220F.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide WO 2022/160131 with a sealing section, as taught by Choi et al., with a reasonable expectation of success to increase the amount of sealing surface engageable with the moveable structure to form a more complete seal with the moveable structure.
With respect to claim 2, the carrier section 11 includes a support portion (labeled below) that extends from the base portion of the carrier section 11, the second connecting portion is arranged in the region of a free end of the support portion.
With respect to claim 3, the support portion is adapted to overlap the gap and a part of the moveable structure, when seen in a third direction which is essentially orthogonal to the first direction and to the second direction.
With respect to claim 4, WO 2022/160131, as modified above, discloses that the surface sealing portion, as taught by Choi et al., is adapted to not contact an edge of the moveable structure which faces the gap (labeled below) as shown in figure 4 of Choi et al.
With respect to claim 5, WO 2022/160131, as modified above, discloses that the surface sealing portion includes a concave bulb (labeled below) that is arranged between the convex bulb and the first connecting portion.
With respect to claim 6, the fastening portion 21 of the carrier section 11 includes a web portion (labeled below) that is adapted to be inserted into a web portion receptacle (labeled below) of the fixed structure.
With respect to claim 7, the web portion (labeled below) is connected to at least one of: sealing lips (labeled below) of the sealing section, that seal the web portion against the web portion receptacle, or locking lips that lockingly engage into locking steps formed by the web portion receptacle.
With respect to claim 8, WO 2022/160131, as modified above, discloses that the carrier section and the surface sealing portion form a closed hollow (labeled below).
With respect to claim 11, wherein the fastening portion 21 is adapted to be attached to the fixed structure by a molded portion 60.
Claims 1 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/160131 in view of EP 2 607 218.
With respect to claim 1, WO 2022/160131 discloses a sealing strand (labeled below) for sealing a gap (labeled below) between a fixed structure (labeled below) and a moveable structure (labeled below), the gap having a gap dimension in a first direction (labeled below) and extending in a second direction which is essentially orthogonal to the first direction, the sealing strand comprising:
a carrier section 11, and
a sealing section 12,
wherein the carrier section 11 includes a fastening portion 21 adapted to attach the sealing strand to the fixed structure,
the carrier section 11 includes a first connecting portion (labeled below) that is adapted to be arranged adjacent to the fixed structure, and includes a second connecting portion (labeled below) that is adapted to be arranged distant from the fixed structure,
the sealing section 12 includes a surface sealing portion (labeled below) that is connected to the first connecting portion and forms a convex surface (labeled below) adapted to contact an inner surface of the moveable structure,
the carrier section 11 includes a base portion (labeled below) from which the fastening portion 21 extends in the first direction,
the first connection portion extends from the base portion into the gap as shown in figure 7, and
a gap sealing lip (labeled below) is connected to the first connecting portion and is adapted to contact an edge portion of the fixed structure which faces the gap.
WO 2022/160131 is silent concerning the sealing section 12 including a surface sealing portion that is connected to the first connecting portion and to the second connecting portion of the carrier section and forms a convex bulb adapted to contact an inner surface of the moveable structure.
However, EP 2 607 218 discloses a sealing strand 7 (figs. 2 and 3) comprising a sealing section 14 including a surface sealing portion (labeled below) that is connected to a first connecting portion 13b and to a second connecting portion 13a of a carrier section 13 and forms a convex bulb (labeled below) adapted to contact an inner surface of a moveable structure 5.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide WO 2022/160131 with a sealing section, as taught by EP 2 607 218, with a reasonable expectation of success to increase the amount of sealing surface engageable with the moveable structure to form a more complete seal with the moveable structure.
With respect to claim 8, WO 2022/160131, as modified above, discloses that the carrier section and the surface sealing portion form a closed hollow (labeled below).
With respect to claim 9, WO 2022/160131, as modified above, discloses a reinforcement web 15 is arranged within the closed hollow and extends between a support portion (labeled below) of the carrier section 13 and a concave bulb (labeled below) of the surface sealing portion.
With respect to claim 10, WO 2022/160131, as modified above, discloses a sealing lip 19 extending from the surface sealing portion and is adapted to contact a second sealing strand. Note that claim 10 only requires that the sealing lip be capable of contacting a second sealing strand which it is clearly capable of.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/160131 in view of Choi et al., as applied to claims 1-8 and 11 above, and further in view of Lorentsson et al. (US 2020/0247220). Lorentsson et al. discloses a sealing strand 70 (fig. 3) comprising a carrier section 74, 76, 78 and a sealing section 72 wherein the carrier section 74, 76, 78 and the sealing section 72 of the sealing strand are co-extruded as set forth on lines 8-10 of paragraph 61.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to co-extrude, as taught by Lorentsson et al., the sealing strand of WO 2022/160131, as modified above, with a reasonable expectation of success to enable the manufacture of the sealing strand with different materials.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/160131 in view of EP 2 607 218 as applied to claims 1 and 8-10 above. EP 2 607 218 further discloses that the carrier section 13 is made of a relatively hard material as set forth on lines 5-6 of paragraph 29, and the sealing section 14 is made of a relatively soft material as set forth on lines 1-3 of paragraph 31.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide WO 2022/160131, as modified above, with a hard and soft material construction, as taught by EP 2 607 218, with a reasonable expectation of success to ensure that the carrier section has the requisite strength to attach the sealing strand to the fixed structure while ensuring the sealing section has the requisite flexibility to form a seal with the moveable structure.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/160131 in view of Choi et al. (US 2020/0130488).
With respect to claim 14, WO 2022/160131 discloses a sealing strand (labeled below) for sealing a gap (labeled below) between a fixed structure (labeled below) and a moveable structure (labeled below), the gap having a gap dimension in a first direction (labeled below) and extending in a second direction which is essentially orthogonal to the first direction, the sealing strand comprising:
a carrier section 11, and
a sealing section 12,
wherein the carrier section 11 includes a fastening portion 21 adapted to attach the sealing strand to the fixed structure,
the carrier section 11 includes a first connecting portion (labeled below) that is adapted to be arranged adjacent to the fixed structure, and includes a second connecting portion (labeled below) that is adapted to be arranged distant from the fixed structure,
the sealing section 12 includes a surface sealing portion (labeled below) that is connected to the first connecting portion and forms a convex surface (labeled below) adapted to contact an inner surface of the moveable structure.
WO 2022/160131 is silent concerning the sealing section 12 including a surface sealing portion that is connected to the first connecting portion and to the second connecting portion of the carrier section and forms a convex bulb adapted to contact an inner surface of the moveable structure.
However, Choi et al. discloses a sealing strand 231 (fig. 4) comprising a sealing section (labeled below) including a surface sealing portion (labeled below) that is connected to a first connecting portion (labeled below) and to a second connecting portion (labeled below) of a carrier section (labeled below) and forms a convex bulb (labeled below) adapted to contact an inner surface of the moveable structure 220F, wherein the surface sealing portion is adapted to not contact an edge (labeled below) of the moveable structure 220F which faces a gap (labeled below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide WO 2022/160131 with a sealing section, as taught by Choi et al., with a reasonable expectation of success to increase the amount of sealing surface engageable with the moveable structure to form a more complete seal with the moveable structure.
With respect to claim 15, WO 2022/160131, as modified above, discloses that the surface sealing portion includes a concave bulb (labeled below in figure 4 of Choi et al.) that is arranged between the convex bulb (labeled below) and the first connecting portion (labeled below).
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/160131 in view of Choi et al. (US 2020/0130488).
With respect to claim 16, WO 2022/160131 discloses a sealing arrangement for sealing a gap (labeled below) between a moveable structure (labeled below) and a fixed structure (labeled below), the gap having a gap dimension in a first direction (labeled below) and extending in a second direction which is essentially orthogonal to the first direction, the sealing arrangement comprising:
a first sealing strand (labeled below) for sealing the gap between a fixed structure and the moveable structure, the sealing strand including a carrier section (labeled below) and a sealing section 15, 16,
wherein the carrier section includes a fastening portion 25 adapted to attach the sealing strand to the fixed structure,
the carrier section includes a first connecting portion (labeled below) that is adapted to be arranged adjacent to the fixed structure, and includes a second connecting portion (labeled below) that is adapted to be arranged distant from the fixed structure,
the sealing section 15, 16 includes a surface sealing portion (labeled below) that is connected to the first connecting portion and forms a convex surface, as shown in figure 10, adapted to contact an inner surface (labeled below) of the moveable structure, and
a second sealing strand (labeled below) that is adapted to be attached to the fixed structure and includes a window sealing lip (labeled below) that is adapted to contact the inner surface of the moveable structure at a location that is more distant from the gap than the convex bulb.
WO 2022/160131 is silent concerning the sealing section 12 including a surface sealing portion that is connected to the first connecting portion and to the second connecting portion of the carrier section and forms a convex bulb adapted to contact an inner surface of the moveable structure.
However, Choi et al. discloses a sealing strand 231 (fig. 4) comprising a sealing section (labeled below) including a surface sealing portion (labeled below) that is connected to a first connecting portion (labeled below) and to a second connecting portion (labeled below) of a carrier section (labeled below) and forms a convex bulb (labeled below) adapted to contact an inner surface of the moveable structure 220F, wherein the surface sealing portion is adapted to not contact an edge (labeled below) of the moveable structure 220F which faces a gap (labeled below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide WO 2022/160131 with a sealing section, as taught by Choi et al., with a reasonable expectation of success to increase the amount of sealing surface engageable with the moveable structure to form a more complete seal with the moveable structure.
With respect to claim 17, the fastening portion 25 of the carrier section includes a web portion (labeled below) that is adapted to be inserted into a web portion receptacle (labeled below) of the fixed structure.
With respect to claim 18, the web portion is connected with at least one of: sealing lips (labeled below) of the sealing section, that seal the web portion against the web portion receptacle, or locking lips that lockingly engage into locking steps formed by the web portion receptacle.
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The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY J STRIMBU whose telephone number is (571)272-6836. The examiner can normally be reached 8:00-4:30 Monday-Friday.
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, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634