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 10 is objected to because of the following informalities:
Claim 10 Ln 1-3, states the terms “a second structure”, “a first structure”, “an axis”, “an axial direction”, “a space” and “a penetrator”. All of these terms were previously stated in claim 1. These subsequently stated terms should be prefixed with ‘the’ instead of ‘a/an’.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(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 1-20 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 pre-AIA the applicant regards as the invention.
Claim 1 Ln 7 states the limitation "a first sealing flange to seal a space between the first sealing flange and the second structure”. It is unclear how the first sealing flange seals a space between itself and the second structure. If there is a space between itself and the second structure than how is it sealed? Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as --a first sealing flange to seal by contacting
Claim 6 Ln 2 states the limitation "the second distance”. This limitation lacks antecedent basis and it is unclear to which previous structure it is referring. Therefore, the scope of the claim is indeterminate. For examination, claim 5, upon which claim 6 is dependent, was interpreted as being dependent upon claim 4.
Claim 8 Ln 2 states the limitation "the protruding portion seals a space between the protruding portion and the first structure”. It is unclear how the protruding portion seals a space between itself and the first structure. If there is a space between itself and the first structure than how is it sealed? Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as --the protruding portion seals by contacting
Claim 12 Ln 2-4 states the limitation "the first annular portion including, at an end of the first annular portion in a first direction along the axis, a first sealing flange protruding radially outward”. When taken in light of the specification, it appears that the first sealing flange is not located at the first end of the first annular portion, but is instead located at the second end approximate the connecting portion. Furthermore, Ln 6 states the limitation “a connecting portion connecting ends of the first annular portion to the second”. It is unclear if these ‘ends’ are distinct from the ‘end’ of Ln 2. Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as -- the first annular portion including, at an end of the first annular portion in a direction opposite a first direction along the axis, a first sealing flange protruding radially outward-- and --a connecting portion connecting [[ends]] the end of the first annular portion to an end of the second--, respectively.
Claim 20 Ln 2 states the limitation "the protruding portion seals a space between the protruding portion and the first structure”. It is unclear how the protruding portion seals a space between itself and the first structure. If there is a space between itself and the first structure than how is it sealed? Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as --the protruding portion seals by contacting
Claims 2-5, 7, 9-11 and 13-19 are rejected for their dependence upon a rejected parent claim.
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.
-(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1), 102(a)(2) as being anticipated by Kastinger; Guenter et al. US 20120187637 A1, hereinafter Kastinger.
Regarding claim 1, as far as is determinate, Kastinger discloses (Fig. 2-4) a sealing member for sealing a space between a penetrator and a second structure, the second structure being aligned with a first structure on an axis extending in an axial direction with a space between the second structure and the first structure, the penetrator being through the first structure and the second structure along the axis and being reciprocable in the axial direction (interpreted as intended use in accordance with MPEP 2111.02),, the sealing member (10) comprising:
a first annular portion (11) to come in contact with the second structure (3), the first annular portion including a first sealing flange (14) to seal a space between the first sealing flange and the second structure [0017-0019];
a second annular portion (25) to come in contact with the penetrator (2) in a slidable manner [0017-0019]; and
a connecting portion (depicted portion approximate (18)) connecting ends (depicted bottom ends) of the first annular portion and the second annular portion, the ends being located in a direction opposite (downwards) to a first direction (upwards) from the second structure to the first structure parallel to the axial direction (22),
wherein the first annular portion further includes a protruding portion (13/17) located farther than the first sealing flange in the first direction to come in contact with the first structure (5).
Regarding claim 9, Kastinger discloses (Fig. 2-4) the first annular portion includes a plurality of the protruding portions (17) spaced from one another in a circumferential direction [0017-0019].
Claims 1-5, 7-8, 10-18 and 20 are rejected under 35 U.S.C. 102(a)(1), 102(a)(2) as being anticipated by WELTER ROLAND DR ING DE 19754700 A1, hereinafter Welter.
Regarding claim 1, as far as is determinate, Welter discloses (Fig. 1) a sealing member for sealing a space between a penetrator (7) and a second structure (3), the second structure being aligned with a first structure (2) on an axis (centerline of (7), hereinafter CL) extending in an axial direction with a space between the second structure and the first structure, the penetrator being through the first structure and the second structure along the axis and being reciprocable in the axial direction (interpreted as intended use in accordance with MPEP 2111.02),, the sealing member (1) comprising:
a first annular portion (15) to come in contact with the second structure, the first annular portion including a first sealing flange (11) to seal a space between the first sealing flange and the second structure [0021];
a second annular portion (5) to come in contact with the penetrator in a slidable manner [0021]; and
a connecting portion (10) connecting ends of the first annular portion and the second annular portion, the ends being located in a direction (rightwards) opposite to a first direction (leftwards) from the second structure to the first structure parallel to the axial direction,
wherein the first annular portion further includes a protruding portion (16) located farther than the first sealing flange in the first direction to come in contact with the first structure [0023].
Regarding claim 2, Welter discloses (Fig. 1) the protruding portion has a first distance between a center of thickness of the protruding portion and the axis, and the first distance increases in the first direction (as depicted, as (6) extends leftwards, its radius increases).
Regarding claim 3, Welter discloses (Fig. 1) the protruding portion elastically deforms in response to contact with the first structure to apply an elastic force to the first annular portion in the direction opposite to the first direction (fundamentally, when something, such as the protruding portion, has a force applied upon it, it reacts by elastically deforming in the opposite/rightwards direction).
Regarding claim 4, Welter discloses (Fig. 1) the protruding portion has an inner circumferential surface having a second distance between the inner circumferential surface and the axis, and the second distance increases in the first direction (as depicted, as (6) inner surface extends leftwards, its radius increases).
Regarding claim 5, Welter discloses (Fig. 1) the protruding portion has an outer circumferential surface having a third distance between the outer circumferential surface and the axis, and the third distance increases in the first direction (as depicted, as (6) outer surface extends leftwards, its radius increases).
Regarding claim 7, Welter discloses (Fig. 1) the outer circumferential surface has a larger diameter than the first sealing flange (11) at a distal end of the protruding portion ((16), as depicted (16) has a larger diameter than (11)).
Regarding claim 8, Welter discloses (Fig. 1) the protruding portion (16) seals a space between the protruding portion and the first structure [0023].
Regarding claim 10, Welter discloses (Fig. 1) a sealing structure, comprising:
a second structure (3) to be aligned with a first structure (2) on an axis (CL) extending in an axial direction with a space between the second structure and the first structure;
a penetrator (7) to extend through the first structure and the second structure along the axis; and
the sealing member (1) according to claim 1 located between the second structure and the penetrator,
wherein the protruding portion extends toward the space ((16) is depicted as extending between (3 & 2)).
Regarding claim 11, Welter discloses (Fig. 1) the first sealing flange (11) protrudes radially outward from the first annular portion ((15), (11) is depicted as extending radially outwards from (15)),
the first sealing flange includes, with respect to a top portion of the first sealing flange, a base (the depicted lower portion of (11)) being a basal end of the first sealing flange in the first direction, and
the base is away from the space in the direction opposite to the first direction (as depicted, the base is away from the space between (2 & 3)).
Regarding claim 13, Welter discloses (Fig. 1) the protruding portion elastically deforms in response to contact with the first structure to apply an elastic force to the first annular portion in the direction opposite to the first direction (fundamentally, when something, such as the protruding portion, has a force applied upon it, it reacts by elastically deforming in the opposite/rightwards direction).
Regarding claim 14, Welter discloses (Fig. 1) the protruding portion has an inner circumferential surface having a second distance between the inner circumferential surface and the axis, and the second distance increases in the first direction (as depicted, as (6) inner surface extends leftwards, its radius increases).
Regarding claim 15, Welter discloses (Fig. 1) the protruding portion has an inner circumferential surface having a second distance between the inner circumferential surface and the axis, and the second distance increases in the first direction (as depicted, as (6) inner surface extends leftwards, its radius increases).
Regarding claim 16, Welter discloses (Fig. 1) the protruding portion has an outer circumferential surface having a third distance between the outer circumferential surface and the axis, and the third distance increases in the first direction (as depicted, as (6) outer surface extends leftwards, its radius increases).
Regarding claim 17, Welter discloses (Fig. 1) the protruding portion has an outer circumferential surface having a third distance between the outer circumferential surface and the axis, and the third distance increases in the first direction (as depicted, as (6) outer surface extends leftwards, its radius increases).
Regarding claim 18, Welter discloses (Fig. 1) the protruding portion has an outer circumferential surface having a third distance between the outer circumferential surface and the axis, and the third distance increases in the first direction (as depicted, as (6) outer surface extends leftwards, its radius increases).
Regarding claim 20, Welter discloses (Fig. 1) the protruding portion (16) seals a space between the protruding portion and the first structure [0023].
Regarding claim 12, as far as is determinate, Welter discloses (Fig. 1) a sealing member (1), comprising:
a first annular portion (15) located about an axis (centerline of (7), hereinafter CL), the first annular portion including, at an end (depicted right end) of the first annular portion in a direction (leftwards) opposite a first direction (rightwards) along the axis, a first sealing flange (11) protruding radially outward (depicted as protruding radially outwards);
a second annular portion (5) spaced and radially inward from the first annular portion (depicted as radially inwards);
a connecting portion (10) connecting ends of the first annular portion and the second annular portion, the ends being located in a direction opposite to the first direction; and
a protruding portion (16) located farther than the first sealing flange in the first direction, the protruding portion having a first distance between a center of thickness of the protruding portion and the axis, the first distance increasing in the first direction (as depicted, as (6) extends leftwards, its radius increases).
Claims 1, 5, 6 and 19 are rejected under 35 U.S.C. 102(a)(1), 102(a)(2) as being anticipated by WEIHER FRANZ et al. DE 102007056651 A1, hereinafter Weiher.
Regarding claim 1, as far as is determinate, Weiher discloses (Fig. 1-3) a sealing member for sealing a space between a penetrator and a second structure, the second structure being aligned with a first structure on an axis extending in an axial direction with a space between the second structure and the first structure, the penetrator being through the first structure and the second structure along the axis and being reciprocable in the axial direction (interpreted as intended use in accordance with MPEP 2111.02), the sealing member (1) comprising:
a first annular portion (5) to come in contact with the second structure, the first annular portion including a first sealing flange (6) to seal a space between the first sealing flange and the second structure;
a second annular portion (4) to come in contact with the penetrator in a slidable manner; and
a connecting portion (3) connecting ends of the first annular portion and the second annular portion, the ends being located in a direction (leftwards) opposite to a first direction (rightwards) from the second structure to the first structure parallel to the axial direction,
wherein the first annular portion further includes a protruding portion (8) located farther than the first sealing flange in the first direction to come in contact with the first structure.
Regarding claim 5, Weiher discloses (Fig. 1-3) the protruding portion has an outer circumferential surface having a third distance between the outer circumferential surface and the axis, and the third distance increases in the first direction (as depicted, as (5) outer surface extends rightwards, its radius increases).
Regarding claim 6, Weiher discloses (Fig. 1-3) the second distance increases in the first direction at a higher rate than the third distance (as depicted below, the second distance of the inner surface increases at a rate higher than the third distance of the outer surface, the parallel line is parallel to the third distance or outer surface).
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Regarding claim 19, Weiher discloses (Fig. 1-3) the outer circumferential surface has a larger diameter than the first sealing flange (6) at a distal end of the protruding portion (as depicted, the outer surface approximate (8) is a larger diameter than (6)).
Relevant Art
The following is a listing of relevant art:
US 20150123351 A1, US 6209882 B1, US 4781024 A disclose sealing members with two sealing lips similar to the applicant’s disclosure.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW WIBLIN whose telephone number is (571)272-9836. The examiner can normally be reached on Monday-Friday 8:00 am - 4:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHANIEL WIEHE can be reached on 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW WIBLIN/ Primary Examiner, Art Unit 3745