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 .
Applicant’s election of claims 1-6, 8-10, 16 and 18 without traverse is acknowledged. Accordingly, claims 7, 11-15, 17 and 19-22 are withdrawn from consideration at this time.
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 5-6 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.
Claim 5 is rendered indefinite because it is unclear if the two compact layers have a distance from one another from approximately 2 mm to approximately 50 mm OR approximately 3 mm to approximately 20 mm. For purposes of examination, Examiner is interpreting the claim to refer to a distance of from approximately 2 mm to approximately 50 mm.
Claim 5 is rendered indefinite because it is unclear if a foamed core region has a height in the range from approximately 2 mm to approximately 50 mm, from approximately 3 mm to approximately 20 mm, OR from approximately 3 mm to approximately 8 mm. For purposes of examination, Examiner is interpreting the claim to refer to a foamed core region has a height in the range from approximately 2 mm to approximately 50 mm.
Claim 6 is rendered indefinite because of the phrase “at least approximately”. The term “approximately” means near or around 0.2, 0.5, 1 mm. It is unclear if the thickness is at least 0.2, 0.21 or 0.19; 0.49, 0.5 or 0.51; or 0.99 or 1 or 1.05. For purposes of examination, Examiner is interpreting the claim to refer to at least 0.2 mm or at least 0.5 mm or at least 1 mm.
Claim 6 is rendered indefinite because it is unclear as to what the thickness of the compact layer is. It is unclear if the thickness of the compact cover layer is at least 0.2 mm, 0.5 mm or at least 1 mm. For purposes of examination, Examiner is interpreting the claim to refer to a thickness of at least 0.2 mm.
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.
Claims 1-4, 8-10, 16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kossanyi, EP 14189597.
Regarding claims 1 and 18, Kossanyi discloses a vehicle floor pan [abstract and 0001]. Figure 3 shows an acoustic layer 3; portions 5 and 6; and a covering layer 2.
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Paragraph 0023 discloses that the acoustic absorbing material 3 is an open cell polyurethane foam layer. Examiner is corresponding the acoustic absorbing material 3 to Applicant’s main body. Examiner is corresponding the portions 5 and 6 to Applicant’s compact portions. Examiner is corresponding covering layer 2 to Applicant’s cover element.
Regarding claims 2-3,paragraph 0023 discloses that the acoustic absorbing material 3 is an open cell polyurethane foam layer. Paragraph 0024 discloses that the foam layer is formed in a reaction injection molding layer.
Regarding claim 4, Figure 3 shows the acoustic absorbing material 3 on a compact cover layer 5 and 6.
Regarding claim 8, Figure 3 shows cover element 2. Paragraph 0021 discloses that the covering layer can include a nonwoven carpet system. Additionally, Figure 3 shows the covering layer covering the acoustic absorbing material 3 [main body] and compact cover portions 5 and 6.
Regarding claim 9, figure 3 shows the cover elements connected/bonded to the main body [acoustic absorbing material 3].
Regarding claim 10, paragraph 0021 discloses that the covering layer can include a nonwoven carpet system.
Regarding claim 16, Figure 5 shows a foamed core 3 [acoustic absorbing material] arranged between two compact layers 5 and 6.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
