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 .
Claim Objections
Claims 1 and 9 are objected to because of the following informalities: “even” in the second to last line of claim 1 and in the last line in claim 9 should be removed. Appropriate correction is required.
Claims 2-8 and 10-17 are objected to by virtue of depending on claim 1 or 9 (see above).
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 7-12 and 16-17 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 7 recites “A longitudinal profiled seal for the glazing according to claim 1, wherein…”. This is indefinite as it is unclear whether this is intended to be an independent claim or a dependent claim and unclear whether or not the “for the glazing” is merely intended to be a recitation of intended use in the preamble or if it is intended to require the subject matter of claim 1 (i.e. as it is a “for” limitation in the preamble, yet the body of the claim refers to limitations in claim 1). Additionally it is unclear how this claim can incorporate the glazing (combination) of claim 1 but only appear to claim the longitudinal profiled seal thereof (i.e. it incorporates a combination but appears to only recite a subcombination thereof, and thus would be unclear as to whether the glazing or the seal is required for infringement/anticipation to occur). Appropriate clarification and correction is required. For examination purposes Examiner assumes Applicant intended to claim “The glazing according to claim 1, wherein…”. Claim 8 is indefinite for the same reasons as it depends on claim 7, requires similar clarification and correction, and for examination purposes is interpreted in a similar manner as claim 7.
Claim 9 recites “A method for manufacturing a glazing according to claim 1 having…” in the preamble incorporating all the limitations of claim 1, and later literally recites all of the limitations of claim 1 in the body of claim 9. This is indefinite as it is unclear whether there are intended to be one or two of each limitations required by this claim for anticipation/infringement to occur. Appropriate clarification and correction is required. For examination purposes Examiner assumes Applicant intended to claim “A method for manufacturing a glazing comprising”.
Claims 10-12 and 16-17 are indefinite at least by virtue of depending, directly or indirectly, on one of the above listed claims.
Allowable Subject Matter
Upon overcoming the above claim objections and 112 rejections, in the manner suggested by Examiner, claims 1-17 would be indicated as allowable as the prior art of record fails to disclose at least (and in combination with the other claimed elements) that one end of said lateral profiled seal extends into an environment of said corner with said base located opposite said longitudinal flange of the longitudinal profiled seal, or even opposite said groove of the longitudinal profiled seal in combination with the seals having the different claimed profiles. Though references such as DE 10 2013 003358 disclose a glazing with two different profiled seals and a corner therebetween, but fails to disclose at least that one end of said lateral profiled seal extends into an environment of said corner with said base located opposite said longitudinal flange of the longitudinal profiled seal, or even opposite said groove of the longitudinal profiled seal in combination with the seals having the different claimed profiles. Other references such as Miyakawa (US 4,757,660) disclose a glazing (glass windshield) with two different profiled seals where the two profiles transition to one another at the corner but fail to disclose the specific claimed shapes of the profiles of the instant invention and that the one end of said lateral profiled seal extends into an environment of said corner with said base located opposite said longitudinal flange of the longitudinal profiled seal, or even opposite said groove of the longitudinal profiled seal in the claimed manner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides additional examples of similar glazings with profiled seals.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS L FOSTER whose telephone number is (571)270-5354. The examiner can normally be reached M-F 9am-5pm.
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/NICHOLAS L FOSTER/Primary Examiner, Art Unit 3675