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 Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claim(s) 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beijing Space (CN 115071984 CN).
Beijing Space discloses:
19. A method for manufacturing a fan cowl with a sight-viewing structure (Fig. 3)for providing a line of sight from outside of the fan cowl into the fan cowl to check oil levels of an aircraft engine accessory gearbox without opening the fan cowl (claims 1 and 2), the method comprising: placing a sight glass (3) that is semi-translucent into a frame opening of a mounting frame (6, 7, 12); attaching a flame shield (4) over an inner side of the mounting frame and partially covering peripheral edge regions of the sight glass; attaching the mounting frame to an inner surface of a panel of the fan cowl, with the sight glass aligned with a hole formed through the panel and an outer side of the mounting frame abutting the inner surface of the panel (Figs. 1, 3, since the components are all attached together).
Claim Rejections - 35 USC § 103
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 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) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beijing Space (CN 115071984 CN) in view of Ribble et al. (US-20240157183-A1).
Beijing Space fails to teach wherein the flame shield is a composite panel made of two or more composite plies consolidated into a composite laminate, wherein the composite panel is made of five or more composite plies and the composite panel is formed of carbon fibers, fiberglass fibers, or ceramic fibers.
Ribble teaches that it is known in the art to manufacture a flame shield with multiple layers and fiberglass material (par. 0034).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the flame shield with five or more layer of a composite fiberglass material, in order to adjust the resiliency of the flame shield, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Allowable Subject Matter
Claims 1-18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to teach the claimed nacelle with the flame shield covering the inner side of the mounting frame and partially covering peripheral edge regions of the sight glass, with a flame shield opening formed through the flame shield at a region overlapping the sight glass, an inner surface bounded by an outer peripheral edge and an inner peripheral edge defining the frame opening, and wherein the flame shield cover said inner surface from the inner peripheral edge to the outer peripheral edge, or wherein the inner surface of the nacelle panel faces toward a fan or an engine of the nacelle and a mounting frame with an outer side, an inner side opposite the outer side, and a frame opening formed through the mounting frame, wherein the sight glass is retained within the and the mounting frame is attached to the inner surface of the nacelle panel with the outer side facing the inner surface and the inner side facing an interior of the nacelle, at a location such that the sight glass is viewable through the hole.
Applicant’s arguments, with respect to claim 1-18 have been fully considered and are persuasive. The rejection of the claims has been withdrawn.
Applicant's arguments with respect to claims 19 and 20 have been fully considered but they are not persuasive.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art.
In this case the language of claims 19 and 20 are such that the entire structure of Beijing Space when fully assembled would have parts indirectly abutting and covering other parts to the same degree claimed by applicant. The rejection could be overcome by amened the claims to be more consistent with claims 1 or 9.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733