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 Rejections - 35 USC § 103
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over JP2022169191 (hereinafter ‘191) in view of Satoshi (JP2020205732).
With respect to claim 1 ‘191 discloses a sound proofing cover comprising:
A cover body configured to be opened and closed, and covering an attaching target when the cover body is in a closed state (see para 0001 of machine translation as well as figures 1-3);
A sound absorber (16) disposed inside the cover body, and being elastically deformable (described in para 25 as polyurethane foam);
An engaging member formed in the cover body (24); and
An engaged member (22) formed in the cover body, and with which the engaging ember is to be engaged,
The cover body being maintained in the closed state with the engaged member engaged with the engaging member.
‘191 does not disclose:
The soundproofing cover includes a restricting protrusion that protrudes inward from an inner surface of the cover body and restricts displacement of a portion of the cover body where the engaged member is formed toward an inside of the cover body with the restricting protrusion placed in contact with the attaching target in engaging the engaging member with the engaged member .
Satoshi discloses a cover with closure mechanism which includes a restricting protrusion that protrudes from a surface of the cover body and restricts displacement of a portion of the cover body where the engaged member is formed toward an inside of the cover body with the restricting protrusion placed in contact with the attaching target in engaging the engaging member with the engaged member (see figures 3 and 4). While not expressly disclosing the inward projection as claimed this would constitute only a rearrangement of the parts which would still allow for the function of the locking member.
It would have been an obvious matter to one of ordinary skill in the art to combine the locking closure member of Satoshi with the cover of ’191 to allow for a simple toll free and effective locking connection to prevent the opening of the cover inadvertently.
With respect to claim 2 ‘191 as modified further discloses wherein the sound absorber is in close contact with the inner surface of the cover body (see figures of ‘191 also disclosed as optionally molded into the cover).
While not expressly disclosing a protrusion length of the restricting protrusion from the inner surface of the cover body is equal to or greater than a half of a thickness of the sound absorber in an original shape before elastic deformation, it would have been an obvious matter to select such a value based upon the needed engagement due to the elastic compression of the sound insulation member. This would have been an obvious matter to one of ordinary skill in the art as it would be known to select a closure mechanism based in part based upon the stresses t would undergo so as the spring force of the compressed elastic sound absorber. Further it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
With respect to claim 3 ‘191 as modified further discloses wherein the restricting protrusion protrudes from the inner surface of the cover body to a surface flush with a surface of the sound absorber on a side of the attaching target (see closure mechanism of ‘191 as shown in figures 7 and 8 of ‘191 as would be applied in the rearrangement as above discussed).
With respect to claim 4 ‘191 as modified discloses the invention as claimed except expressly wherein the restricting protrusion protrudes from the inner surface of the cover body to a position closer to the inner surface of the cover body than the surface of the sound absorber on the attaching target side. This would constitute only a rearranging of the parts. The closure mechanism would retain its function and one of ordinary skill would have found it obvious to select any arrangement of the parts which functioned and provided for optimal durability. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
With respect to claim 5 ‘191 as modified further discloses wherein the restricting protrusion protrudes from the inner surface of the cover body at a position that overlaps with the engaged member in a thickness direction of the cover body (see figures 7 and 9 of ‘191 and figures 3 and 4 of Satoshi).
With respect to claim 6 ‘191 as modified further discloses wherein the restricting protrusion is spaced from the attaching target with the sound absorber is in an original shape before elastic deformation (this would be the uninstalled state and as such this is the case in the closure mechanism of ‘191 as modified by Satoshi).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Morris (US20220267056) discloses an insulating container with locking closure; Reiderer (US20220085688) discloses a device for insulating noise of a machine; Kondo (US10961750) discloses a noise cover; Yamaguchi (US8408356) discloses a storage box with locking closure; Ingimundarson (US201000311750) discloses a locking closure; Provessi (US20080271943) discloses an acoustic closure member; Thompson (US20070101551) and (US20060265840) discloses a locking closure means; Furutsu (US4507828) discloses a bundling device with locking member; and Noorly (US3942750) discloses an adjustable locking clamp .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FORREST M PHILLIPS whose telephone number is (571)272-9020. The examiner can normally be reached Monday-Friday from 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571) 272-3985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FORREST M PHILLIPS/Primary Examiner, Art Unit 2837