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 .
Election/Restrictions
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/31/2026. Furthermore claims 12-16 are withdrawn as directed to non-elected invention. Elected claims are 1-11 and this are being examined below. Claims withdrawn are 12-20.
Applicants’ election with traverse of specie directed to figures 4-7 in the reply filed on 7/13/2026 is acknowledged. The traversal is on the ground(s) that all species can be searched without serious burden. This is not found persuasive because examiner would have to formulate many searches for different structure in species (species regarding multiple shapes of the seal and/or plurality of seals with cover at ends of each seal of the plurality of seals and/or seal having plurality of covers for openings in the seal and/or etc). To reduce the burden, applicant could easily state that the species are common and/or well-known variations by one skilled in the art and restriction would not be necessary.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ring (US. 8920112).
Ring discloses a seal (e.g. seal in figure 3) for sealing a longitudinally extending gap between a first component and a second component (e.g. intended use and the seal of Ring is capable of this, see MPEP 2113-2114 and also see patents and/or applications of the assignee ROLLS-ROYCE PLC), wherein the seal comprises a first portion (e.g. first portion having 64) extending in a longitudinal direction and configured to bridge the gap between the first component and the second component (e.g. intended use and the seal of Ring is capable of this, see MPEP 2113-2114 and also see patents and/or applications of the assignee ROLLS-ROYCE PLC), wherein a sealing surface of the first portion is configured to face the first and second components and is curved with a first convex section (e.g. 1st convex section is one of 62) configured to sealingly contact the first component (e.g. intended use and the seal of Ring is capable of this, see MPEP 2113-2114 and also see patents and/or applications of the assignee ROLLS-ROYCE PLC), a second convex section (e.g. 2nd convex section is other of 62) configured to sealingly contact the second component (e.g. intended use and the seal of Ring is capable of this, see MPEP 2113-2114 and also see patents and/or applications of the assignee ROLLS-ROYCE PLC), and a concave section (e.g. concave of 64) provided between the first and second convex sections (e.g. the concave section 64 is between 1st and 2nd convex sections 62), and at least one second portion (e.g. 2nd portion having 66, 56, 58, 66 and etc) coupled to the first portion and configured to resiliently urge the first portion into engagement with the first and second components (e.g. intended use and the seal of Ring is capable of this, see MPEP 2113-2114 and also see patents and/or applications of the assignee ROLLS-ROYCE PLC), wherein the second portion comprises at least one opening (e.g. 56) configured to fluidically communicate a pressure of a fluid on a first side of the first and second components to a pressure surface of the first portion opposite the sealing surface (e.g. intended use and the seal of Ring is capable of this, see MPEP 2113-2114 and also see patents and/or applications of the assignee ROLLS-ROYCE PLC).
Regarding claim 2: Wherein the seal comprises a pair of second portions (e.g. each second portion having each of 66), with one of the second portions being coupled to the first portion at the first convex section and the other of the second portions being coupled to the first portion at the second convex section (e.g. see figure 3, the second portions are after 62).
Regarding claim 3: Wherein the second portion has a first end and a second end, the first end being coupled to the first portion of the seal (e.g. end adjacent to 62).
Regarding claim 4: Wherein the second portion has a bend (e.g. 66) between the first and second ends.
Regarding claim 5: Wherein an apex defined by the bend extends in the longitudinal direction (e.g. apex of the second sections having 66).
Regarding claim 6: Wherein the second end of the second portion (e.g. the second portions having 68) is configured to engage a rigid mount spaced apart from the first and second components (e.g. intended use and the seal of Ring is capable of this, see MPEP 2113-2114 and also see patents and/or applications of the assignee ROLLS-ROYCE PLC).
Regarding claim 7: Wherein the first and second portions are formed from a common sheet of material (e.g. see figure 3 and “common sheet of metal stated” in Ring).
Regarding claim 8: Wherein at least one of the first and second portions are formed from a metal (e.g. see entire document and also what is shown in figure 3).
Regarding claim 9: Wherein an apex of the concave section is spaced apart from a line joining contact points of the first and second convex sections by a first distance (e.g. d1, distance between top of the convex sections and apex of the concave section, see figure below) and the contact points of the first and second convex sections are spaced apart by a second distance (e.g. d2) along the line joining contact points of the first and second convex sections (see figure below). It is noted that the reference of Ring teaches a percentage of d1 related to d2.
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Regarding claim 11: Wherein the first portion is segmented with a plurality of first portion openings (e.g. 56 which is in both the 1st and 2nd portions) distributed along the length of the first portion.
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.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ring.
Ring discloses the claimed invention except the first distance is between approximately 5% and 25% of the second distance. Discovering an optimum range of a result effective variable involves only routine skill in the art. In re Kulling, 895 F.2d 1147, 14 USPQ 2d 1056. Without the showing of some unexpected result. Since applicant has not shown some unexpected result the inclusion of this limitation is considered to be a matter of choice in design. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the percentage relationship stated in claim 10 with reasonable expectation of success as a matter of design choice.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. To expediate prosecution applicant should review all references to assignee and also references in form 892. The prior teaches all the limitations of the claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL A PATEL whose telephone number is (571)272-7060. The examiner can normally be reached 7:00 am to 4:00pm.
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, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675
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