Claims 1-20 are currently pending with claim 21 being cancelled. Claims 1-20 are rejected.
The rejection over Roach has been withdrawn in view of the present amendment and response. Roach discloses an acoustic liner comprising a support structure 120 having a first surface and a second surface, a first facing sheet 132 on the first surface and a second facing sheet 152 on the second surface of the honeycomb structure (figure 5). A membrane 164 is provided on the second facing sheet. An aerogel layer 160 is coupled to the membrane on an opposite side of the second facing sheet (paragraph 19). The aerogel layer has a thickness decreasing along a variability direction of the acoustic liner (figure 5). A metallic layer 162 is provided on the surface of the aerogel layer opposite the membrane. Roach fails to teach an acoustic liner wherein the aerogel layer is in direct contact with the honeycomb structure.
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 1-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
“During examination, after applying the broadest reasonable interpretation to the claim, if the metes and bounds of the claimed invention are not clear, the claim is indefinite and should be rejected. Parkard, 752 F .3d at 1310.”
“If the language of a claim, given its broadest reasonable interpretation, is such that a person of ordinary skill in the relevant art would read it with more than one reasonable interpretation, then a rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C 112, second paragraph is appropriate.” (MPEP 2173.02, I).
The claim looks ambiguous for the following reasons. The first layer has a thickness decreasing along a variability direction, and so does the multilayer complex or the metallic foil. The interpretation is beyond the scope of the claimed invention.
In view of the Applicant’s disclosure, the multilayer complex or the metallic foil has a uniform thickness along the variability direction (figures 4-7). In particular, the multilayer complex is in the form of a flat sheet in an unconstraint state (paragraph 74 of the published application).
Further, the examiner directs Applicant’s attention to paragraphs 19 and 20 of the published application.
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The first layer thickness decreases by 20%, 30% or 50% over a length along the variability direction, which corresponds to the length of the second layer. The relationship of the first and second layers provides the multilayer complex exhibiting a good balance between the thermal insulation performance and cost effectiveness (paragraphs 22 and 23 of the published application).
Since the structure of the multilayer complex and the thickness variations of the first and second layers could be interpreted with more than one reasonable interpretation, and said more than one reasonable interpretation going beyond the scope of the claimed invention, the claim is rendered indefinite.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fay et al. (US 2018/0320824) discloses an insulation product comprising an aerogel layer, a foam layer and an outermost metal layer (figures 12A and 12B).
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.
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/Hai Vo/
Primary Examiner
Art Unit 1788