DETAILED ACTION
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.
Claim 6 is 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 6 recites “the weather strip is a door opening that is attached to the peripheral edge of the opening of the vehicle body.” It is not understood what is required by the claim. Firstly, the claim recites structure of the intended use (“peripheral edge of the opening of the vehicle body”). Secondly, it is not understood how the weather strip “is a door opening.”
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 1, 2, 5, 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin (US 6,623,014).
Regarding claim 1, Martin discloses a long weather strip for sealing between a peripheral edge of an opening of a vehicle body and an opening and closing member configured to open and close the opening when the opening and closing member is closed (directed to an intended use), the weather strip (Fig 4) comprising:
a hollow seal portion (15) attached (via 11) to a mounting location of one of the peripheral edge of the opening of the vehicle body and the opening and closing member (structure of the intended use), the hollow seal portion (15) being configured to be compressed and deformed (Fig 5) by abutting against the other of the peripheral edge of the opening of the vehicle body and the opening and closing member when the opening and closing member is closed (directed to structure of the intended use); and
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a mounting portion (11) configured to mount the hollow seal portion on the mounting location, wherein the hollow seal portion (15) includes a head side wall portion (wall of 15) that is located on a side opposite to the mounting portion, and
a bending portion (see annotated Fig 4) adjacent to both sides of the head side wall portion and configured to bend (Fig 5) when the opening and closing member is closed,
in the hollow seal portion, a protruding portion that protrudes from an inner wall surface of the head side wall portion is formed of the same material as the hollow seal portion, and the protruding portion is formed such that a distal end of the protruding portion does not abut against an inner wall surface of the hollow seal portion when the hollow seal portion is compressed and deformed (Figs 4 and 5) by closing the opening and closing member.
Regarding claim 2, Martin discloses wherein the protruding portion is formed in a lip shape (18) extending into the hollow seal portion.
Regarding claim 3, Martin discloses wherein the protruding portion includes a plurality of protruding portions (17, 18), and each of the protruding portions (17, 18) is formed at a plurality of locations on the inner wall surface of the head side wall portion (15) at a predetermined interval (Fig 4).
Regarding claim 5, Martin discloses wherein the bending portion is thinner than a portion of the hollow seal portion other than the bending portion (Figs 4 and 5).
Regarding claim 6, as best understood, Martin discloses wherein the weather strip is a door opening that is attached to the peripheral edge of the opening of the vehicle body.
Claims 1-4, 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dron (FR 2 762 264, supplied by the Applicant).
Regarding claim 1, Dron discloses a long weather strip for sealing between a peripheral edge of an opening of a vehicle body and an opening and closing member configured to open and close the opening when the opening and closing member is closed (directed to an intended use), the weather strip (Fig 1) comprising:
a hollow seal portion (4) attached to a mounting location of one of the peripheral edge of the opening of the vehicle body and the opening and closing member (structure of the intended use), the hollow seal portion (4) being configured to be compressed and deformed (Fig 2) by abutting against the other of the peripheral edge of the opening of the vehicle body and the opening and closing member when the opening and closing member is closed (directed to structure of the intended use); and
a mounting portion (1, 6) configured to mount the hollow seal portion on the mounting location, wherein the hollow seal portion (4) includes a head side wall portion (wall of 4) that is located on a side opposite to the mounting portion, and
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a bending portion (portions of 4 adjacent 1) adjacent to both sides of the head side wall portion and configured to bend (Fig 2) when the opening and closing member is closed,
in the hollow seal portion, a protruding portion (portions adjacent 7) that protrudes from an inner wall surface of the head side wall portion is formed of the same material as the hollow seal portion (Fig 1), and the protruding portion is formed such that a distal end of the protruding portion does not abut against an inner wall surface of the hollow seal portion when the hollow seal portion is compressed and deformed (Figs 1 and 2) by closing the opening and closing member.
Regarding claim 2, Dron discloses wherein the protruding portion is formed in a lip shape (Fig 1) extending into the hollow seal portion.
Regarding claim 3, Dron discloses wherein the protruding portion includes a plurality of protruding portions (plurality of portions between the plurality of 7), and each of the protruding portions is formed at a plurality of locations on the inner wall surface of the head side wall portion at a predetermined interval (Fig 1).
Regarding claim 4, Dron discloses wherein the protruding portions are formed, in the inner wall surface of the hollow seal portion, on both the inner wall surface of the head side wall portion and a different inner wall surface other than the inner wall surface of the head side wall portion, such that the protruding portions do not abut against each other when the hollow seal portion is compressed and deformed (Figs 1 and 2) by closing the opening and closing member.
Regarding claim 6, as best understood, Dron discloses wherein the weather strip is a door opening that is attached to the peripheral edge of the opening of the vehicle body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Johnnie A. Shablack whose telephone number is (571)270-5344. The examiner can normally be reached Mon-Thu 6am-3pm EST, alternate Friday.
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/Johnnie A. Shablack/Primary Examiner, Art Unit 3634
