DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.84(l). The drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
Figs. 5-6 and 11 do not have satisfactory reproduction characteristics. The drawings appear to be pictures or computer generated pictures. Some of the elements (particularly smaller/finer elements) are not clear due to the darkness/lightness of the elements.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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 522 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 1-4, 8-9, 11-12, and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nommensen et al. (US 20230061602).
Regarding claim 1: Nommensen discloses a catalytic converter guard system for inhibiting access to a catalytic converter on a motor vehicle (Fig. 1; title; abst.; [0003]). Nommensen discloses the catalytic converter guard system comprising a set of mounting brackets (Fig. 4; [0031] – elements 102, 104, and structures containing mounting holes 112, 114). Nommensen discloses a cage including an input guard plate 106 with a first cutout, an output guard plate 108 with a second cutout, and a bottom plate 110 coupled to the input guard plate and the output guard plate (Figs. 1-8; [0029], [0034]). Nommensen discloses the set of mounting brackets being coupled to the cage and configured to couple to a frame (rails 14, 18) of a motor vehicle to support the cage relative to the motor vehicle so that the input guard plate is positioned adjacent an input of the catalytic converter to align the first cutout to receive an input exhaust pipe therethrough (Figs. 1-8; [0028]). Nommensen discloses that the output guard plate is positioned adjacent an output of the catalytic converter to align the second cutout to receive an output exhaust pipe therethrough and that the bottom plate is positioned to extend beneath the catalytic converter (Figs. 1-8; [0028], [0029], [0031], [0034]).
Regarding claim 2: Nommensen discloses that the set of mounting brackets includes a first mounting bracket and a second mounting bracket, that at least one of the first or second mounting brackets is configured to be secured at an inboard-facing side of a frame rail of the motor vehicle to support the cage (Figs. 1-8).
Regarding claim 3: Nommensen discloses that at least one of the first or second mounting brackets are secured to the inboard-facing side of the frame rail with a set of tamper-resistant fasteners (Fig. 4; [0031]).
Regarding claim 4: Nommensen discloses that at least one of the first or second mounting brackets is configured to be secured to an exhaust hanger coupled to the frame rail (Fig. 6 – unnumbered but near element numbers 108 and 22).
Regarding claim 8: Nommensen discloses that at least one of the input guard plate, the output guard plate, or the bottom plate have a plurality of apertures (Fig. 1).
Regarding claim 9: Nommensen discloses a first side guard plate and a second side guard plate opposite the first side guard plate, the first and second side guard plates being coupled to the input guard plate, the output guard plate, and the bottom plate (Figs. 1-8).
Regarding claim 11: Nommensen discloses a catalytic converter guard system for protecting a catalytic converter on a motor vehicle (see above; Fig. 1; title; abst.; [0003]). Nommensen discloses the catalytic converter guard system comprising a catalytic converter guard that includes a set of mounting brackets, and a bottom wall coupled to the set of mounting brackets (see above; Figs. 1-8; [0029], [0031], [0034). Nommensen discloses a plurality of tamper-resistant fasteners (see above; Fig. 4; [0031]). Nommensen discloses the catalytic converter guard being secured to the motor vehicle, with at least one mounting bracket of the set of mounting brackets coupled to a frame rail of the motor vehicle with the plurality of tamper-resistant fasteners and the bottom wall extending beneath the catalytic converter (see above; Figs. 1-8; [0029], [0031], [0034).
Regarding claim 12: Nommensen discloses that the bottom wall has a plurality of apertures (Figs. 1-8).
Regarding claim 15: Nommensen discloses that at least one mounting bracket of the set of mounting brackets engages an exhaust hanger coupled to the frame rail (Fig. 6 – unnumbered but near element numbers 108 and 22).
Regarding claim 16: Nommensen discloses that the bottom wall forms a bottom side of a five-sided box that further includes four side walls extending from the bottom wall (Figs. 1-8).
Regarding claim 17: Nommensen discloses that the four side walls include an input guard wall with an input cutout that admits an input exhaust pipe therethrough, an output guard wall with an output cutout that admits an output exhaust pipe therethrough, a left guard wall, and a right guard wall, and that the input guard wall, the output guard wall, the left guard wall, the right guard wall, and the bottom wall are formed from a single sheet of metal (Figs. 1-8; [0026], [0028], [0029], [0031], [0034]).
Regarding claim 18: Nommensen discloses a method of installing a catalytic converter guard system to protect a catalytic converter on a motor vehicle (see above; Fig. 1; title; abst.; [0003]). Nommensen discloses coupling a set of mounting brackets to a cage of a catalytic converter guard (see above; Fig. 4; [0031] – elements 102, 104, and structures containing mounting holes 112, 114). Nommensen discloses the cage including an input guard plate106 with a first cutout, an output guard plate 108 with a second cutout, and a bottom plate coupled to the input guard plate and the output guard plate (see above; Figs. 1-8; [0029], [0034]). Nommensen discloses coupling the set of mounting brackets to a frame of the motor vehicle to support the cage relative to the motor vehicle (see above; Figs. 1-8). Nommensen discloses that with the set of mounting brackets coupled to the cage and to the frame of the motor vehicle, the input guard plate is positioned adjacent an input of the catalytic converter to align the first cutout to receive an input exhaust pipe therethrough, the output guard plate is positioned adjacent an output of the catalytic converter to align the second cutout to receive an output exhaust pipe therethrough, and the bottom plate is positioned to extend beneath the catalytic converter (see above; Figs. 1-8; [0028], [0029], [0031], [0034]).
Regarding claim 19: Nommensen discloses that coupling the set of mounting brackets to the frame of the motor vehicle includes fastening a first mounting bracket to an inboard-facing side of a frame rail of the motor vehicle (Figs. 1-8).
Claims 1-4, 8-12, 16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tamagni et al. (US 20210253062).
Regarding claim 1: Tamagni discloses a catalytic converter guard system for inhibiting access to a catalytic converter on a motor vehicle (title; abstr.). Tamagni discloses the catalytic converter guard system comprising a set of mounting brackets (Figs. 1A, 1B, 3C). Tamagni discloses a cage including an input guard plate with a first cutout, an output guard plate with a second cutout and a bottom plate coupled to the input guard plate and the output guard plate (Figs. 1A, 1B, 3C). Tamagni discloses the set of mounting brackets being coupled to the cage and configured to couple to a frame of a motor vehicle to support the cage relative to the motor vehicle so that the input guard plate is positioned adjacent an input of the catalytic converter to align the first cutout to receive an input exhaust pipe therethrough, the output guard plate is positioned adjacent an output of the catalytic converter to align the second cutout to receive an output exhaust pipe therethrough, and the bottom plate is positioned to extend beneath the catalytic converter (Figs. 1A, 1B, 3C).
Regarding claim 2: Tamagni discloses that the set of mounting brackets includes a first mounting bracket and a second mounting bracket, that at least one of the first or second mounting brackets is configured to be secured at an inboard-facing side of a frame rail of the motor vehicle to support the cage (Figs. 1A, 1B, 3C – it should be noted that Tamagni teaches attachment to a frame rail and is “configured” to be attached as claimed).
Regarding claim 3: Tamagni discloses that at least one of the first or second mounting brackets are secured to the inboard-facing side of the frame rail with a set of tamper-resistant fasteners (Figs. 1A, 1B, 3C; [0054]).
Regarding claim 4: Tamagni discloses that at least one of the first or second mounting brackets is configured to be secured to an exhaust hanger coupled to the frame rail (Figs. 1A, 1B, 3C – it should be noted that Tamagni teaches attachment and thus, is “configured” to be attached as claimed).
Regarding claim 8: Tamagni discloses that at least one of the input guard plate, the output guard plate, or the bottom plate have a plurality of apertures (Fig. 1B; [0073]).
Regarding claim 9: Tamagni discloses a first side guard plate and a second side guard plate opposite the first side guard plate, the first and second side guard plates being coupled to the input guard plate, the output guard plate, and the bottom plate (Figs. 1A, 1B, 3C; [0054]).
Regarding claim 10: Tamagni discloses that the set of mounting brackets extends from the cage adjacent to the first side guard plate and a height of the first side guard plate above the bottom plate is smaller than a height of the second side guard plate above the bottom plate (Figs. 1A, 1B, 3C; [0054]).
Regarding claim 11: Tamagni discloses a catalytic converter guard system for protecting a catalytic converter on a motor vehicle (title; abstr.). Tamagni discloses the catalytic converter guard system comprising a catalytic converter guard that includes a set of mounting brackets and a bottom wall coupled to the set of mounting brackets (Figs. 1A, 1B, 3C). Tamagni discloses a plurality of tamper-resistant fasteners (Figs. 1A, 1B, 3C; [0054]). Tamagni discloses the catalytic converter guard being secured to the motor vehicle, with at least one mounting bracket of the set of mounting brackets coupled to a frame rail of the motor vehicle with the plurality of tamper-resistant fasteners and the bottom wall extending beneath the catalytic converter fasteners (Figs. 1A, 1B, 3C; [0054]).
Regarding claim 12: Tamagni discloses that the bottom wall has a plurality of apertures (Fig. 11; [0065]).
Regarding claim 16: Tamagni discloses that the bottom wall forms a bottom side of a five-sided box that further includes four side walls extending from the bottom wall (Figs. 1A, 1B, 3C).
Regarding claim 18: Tamagni discloses a method of installing a catalytic converter guard system to protect a catalytic converter on a motor vehicle (title; abstr.). Tamagni discloses coupling a set of mounting brackets to a cage of a catalytic converter guard (Figs. 1A, 1B, 3C). Tamagni discloses the cage including an input guard plate with a first cutout, an output guard plate with a second cutout, and a bottom plate coupled to the input guard plate and the output guard plate (Figs. 1A, 1B, 3C). Tamagni discloses coupling the set of mounting brackets to a frame of the motor vehicle to support the cage relative to the motor vehicle (Figs. 1A, 1B, 3C). Tamagni discloses that with the set of mounting brackets coupled to the cage and to the frame of the motor vehicle, the input guard plate is positioned adjacent an input of the catalytic converter to align the first cutout to receive an input exhaust pipe therethrough, the output guard plate is positioned adjacent an output of the catalytic converter to align the second cutout to receive an output exhaust pipe therethrough, and the bottom plate is positioned to extend beneath the catalytic converter (Figs. 1A, 1B, 3C).
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 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 of this title, 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 17 is rejected under 35 U.S.C. 103 as being unpatentable over Tamagni et al. (US 20210253062) in view of Potter (US 20130300550).
Tamagni discloses the invention substantially as claimed and as discussed above.
Regarding claim 17: Tamagni discloses the four side walls include an input guard wall with an input cutout that admits an input exhaust pipe therethrough, an output guard wall with an output cutout that admits an output exhaust pipe therethrough, a left guard wall, and a right guard wall(Figs. 1A, 1B, 3C).
Tamagni discloses that at least the left guard wall, the right guard wall, and the bottom wall are formed from a single sheet of metal but does not explicitly disclose that the input guard wall, the output guard wall, the left guard wall, the right guard wall, and the bottom wall are formed from a single sheet of metal. Potter discloses that the input guard wall, the output guard wall, the left guard wall, the right guard wall, and the bottom wall are formed from a single sheet of metal ([0029]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art and the benefit of the cited art to have configured Tamagni so that the input guard wall, the output guard wall, the left guard wall, the right guard wall, and the bottom wall are formed from a single sheet of metal.as taught by Potter. As both Tamagni and Potter are directed to guards for deterring catalytic converter theft, as Tamagni teaches that at least part of the guard box can be formed from a single sheet of metal, as sheet metal working is very well known across the arts, and as Potter explicitly discloses the guard formed from a single sheet of metal, it would have been within routine skill to have selected a desired sheet metal construction configuration from a finite selection of sheet metal construction configurations (i.e. bending and forming from a single sheet or constructing using several individual sheets). Such a simple substitution and configuration would have been predictable with a reasonable expectation for success and with no unexpected results.
Allowable Subject Matter
Claims 5-7, 13-14, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
Protecting catalytic converters from theft through the use of various guards, both electronic and mechanical, is well known in the art including various mechanical protection structures. Representative art which appears close to the claimed invention includes Nommensen et al. (US 20230061602), Tamagni et al. (US 20210253062), Potter (US 20130300550). Corkery (US 11708783), Meislahn (US 20100258703), Todd (US 11713706), Armstrong (US 12215613), and Pringle (US D879008). In general, this art, alone or in combination, discloses various recited features, including but not limited to, a catalytic converter guard system, a cage with mounting brackets, connecting the mounting brackets to the frame, an input and output guard plate, a bottom plate, cutouts on the guard plates, and tamper resistant fasteners. However, this art fails to disclose or fairly suggest the specifically combined structural components and positional interconnection relationships. Specifically, the art does not disclose the specifically recited relationship between the mounting brackets and the frame when combined with the claim in its entirety. It could be argued that the individual structure is generally known in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural relationships, steps, and combinations, which require a greater effort than just cobbling together known structures. Further, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner can find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application. Thus, it would not have been within routine skill to glean the specifically combined limitations of the instant invention, from the art, without the benefit of hindsight reasoning or extensive experimentation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARAS P BEMKO whose telephone number is (571)270-1830. The examiner can normally be reached on Monday-Friday 8:00-5:00 (EDT/EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on 571-272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Taras P Bemko/
Primary Examiner, Art Unit 3672
12/4/2025