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
Claim 1 objected to because of the following informalities: the comma in line 2 should be removed. Appropriate correction is required.
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 1-2 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 1 recites the limitations “that is along the first tube-shaped portion and the second tube shaped portion” and “in contact with the second tube-shaped portion”. These limitations render the claim indefinite as the preamble recites “a sealing device” and the first and second tube-shaped portions appear to be part of the intended use of the sealing device in the preamble, thus it is unclear if Applicant is requiring a sealing assembly including the first and second tune-shaped portions for anticipation/infringement to occur or if Applicant is intending to require a sealing device configured for use between the first and second tube-shaped portions and the above limitations being “for being along…” and “for contact with…” (respectively). Appropriate clarification and correction is required. For examination purposes Examiner assumes Applicant intended to claim “A sealing device that is configured to seal between a first tube-shaped portion and a second tube-shaped portion” for the preamble and then “for being located along the first tube-shaped portion and the second tube shaped portion” and “for contact with the second tube-shaped portion”.
Claim 1 recited the limitation “a tube” in line 8. This limitation is indefinite as it is unclear whether it refers to a new tube (i.e. in addition to the two tube-shaped portions, necessitating three such), is in reference to one of the prior claimed tube-shaped portions, in in reference to the tubular shape of the elastic body portion, etc.. Appropriate clarification and correction is required. For examination purposes Examiner assumes Applicant intended to claim “the tubular shape of the elastic body portion”.
Claim 2 is indefinite at least by virtue of depending on indefinite claim 1 (see above).
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, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Corbett, Jr. (US 2006/0082147).
With regard to claim 1, Corbett, Jr. discloses a sealing device (11/43/73) that seals between a first tube-shaped portion, and a second tube-shaped portion (as seen in Figs. 6, 8, etc. between 49 and 31 or 83 and 91, etc. as seen in Figs. 1, 8, etc.) that is inserted into the first tube-shaped portion (as seen in Figs. 1, 8, etc.), comprising: an elastic body portion (i.e. the main portion of the seal) in a tubular shape (as seen in Figs. 1, 8, etc. especially when installed as it is hollow and annular with axial length) that is along the first tube-shaped portion and the second tube-shaped portion (as seen in Figs. 1, 8, etc. it is capable of such an intended use limtiaiton as interpreted in light of the above 112(b) rejection), wherein the elastic body portion has at least two lip portions (82/89 or the similar unlabeled portions in Figs. 1-4, etc.) that respectively extend along a circumferential direction (as seen in Figs. 1, 8, etc.) and are aligned at a predetermined interval in an extension direction of a tube (as seen in Figs. 1, 8, etc.), on an inner peripheral surface that is in contact with the second tube-shaped portion (as seen in Figs. 8, etc.).
With regard to claim 2, Corbett, Jr. discloses a reinforcement member (13/97) that is embedded in the elastic body portion (as seen in Figs. 6, 7, etc.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provide additional examples of similar sealing devices.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at (571) 272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS L FOSTER/Primary Examiner, Art Unit 3675
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