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 .
Response to Arguments
Applicant's arguments filed 08/13/2026 have been fully considered but they are not persuasive.
Applicant argues on pages 2-3 of their remarks that Simsheuser does not disclose “a splashguard cover” having “walls of the splashguard cover which are disposed in a pagoda-shaped manner”
Instant application has splashguard cover (34, fig.3) having walls (walls 36) dispoed in a pagoda-shaped manner (fig.7 and seen below)
Simsheuser discloses silencer with housing (11) having walls (walls 111-114 and 12, 12’, and 12”) which are disposed in a pagoda-shaped manner (fig.1 and attached figure below). The housing acts as a cover.
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Applicant argues on pages 4-5 of their remarks that Simsheuser does not disclose “outlet openings which are, in each case, provided between the walls”
Instant application has outlet openings (52) between walls (36, see figure above).
Simsheuser discloses has gaps (116, 116’, 117, 117’, 117”, 118, 118’, and 118”) between the walls (walls 111-114 and 12, 12’, and 12”) as seen in the figures above.
Applicant argues on pages 5-6 of their remarks that Simsheuser does not disclose a splashguard cover “for a silencer unit of a compressed-air system of a commercial vehicle”
Simsheuser discloses silencer for pneumatic machines (paragraph [0003]). The language of “for a silencer unit of a compressed-air system of a commercial vehicle” is in the preamble and used the term “for” which constitutes intended use, meaning the splashguard cover has to be capable of being used for a silencer unit of a commercial vehicle. Simsheuser discloses exhaust silencer with housing (11) for pneumatic machines meaning the exhaust silencer is usable with other pneumatic machines which would include commercial vehicles which typically have pneumatic brakes for better stopping.
Applicant argues on page 6 that Simsheuser does not anticipate dependent claim 11.
Simsheuser discloses wherein the splashguard cover has a substantially round basic shape (housing 11 has a round shape as seen in figures 1-2).
Applicant argues on pages 6-7 that Simsheuser does not disclose the additional limitation of dependent claim 13.
Instant application has a plurality of rings (40, 42, and 44) and end plate (38).
Simsheuser discloses the splashguard cover (housing 11) having a plurality of rings and at least one end plate (packings 12, 12’, and 12” form the rings and end plate, see figures above) in the same manner as the instant application.
Applicant argues on page 7 that Simsheuser does not disclose the additional limitation of dependent claim 14.
Instant application discloses cover is a stepped cover with outlet openings (52).
Simsheuser discloses the splashguard cover (housing 11) is a stepped cover (fig.1) with outlet openings (gaps 116, 116’, 117, 117’, 117”, 118, 118’, and 118”). Gaps are disposed similar to the outlet openings (52) of the instant application as seen in the attached figures above.
Applicant argues on paged 7-8 that Simsheuser does not disclose the additional limitation of dependent claims 15.
Simsheuser discloses the housing (11) is configured to release a sufficiently larger outflow cross section (diameter increases from inlet to outlet 14) for pressurized air and simultaneously prevent water ingressing from outside in a straight line through the silencer unit into and outflow duct of an apparatus (diameter increasing from inlet to outlet prevents back pressure and reduce water from ingressing) of a motor truck brake system. It would have been obvious to one of ordinary skill in the art that the silencer of Simsheuser can be used in a compressed-air brake system of a commercial vehicle. Krahl (US 20210354674 A1) discloses electropneumatic brake system for a vehicle, CN 113460015 A discloses automatic pressure regulating valve of commercial vehicle electric control pneumatic brake system, Sovago (US 20200269827 A1) discloses noise damper for a compressed-air system for a brake system of a utility vehicle, DE 102016100139 A1 discloses silencer for a compressed air system of a vehicle, Weber (US 8191675 B2) discloses a silencer for compressed air appliances of vehicles, Harting (US 20110168481 A1) discloses sound damper for compressed air systems of vehicles, etc..
Applicant argues on pages 8-9 that Simsheuser does not anticipate dependent claim 16-19.
Claima 16-17, Simsheuser discloses silencer for pneumatic machines (paragraph [0003]). The language of “for a compressed-air system of a commercial vehicle” is in the preamble and used the term “for” which constitutes intended use, meaning the silencer has to be capable of being used for a compressed-air system of a commercial vehicle. Simsheuser discloses exhaust silencer with housing (11) for pneumatic machines meaning the exhaust silencer is usable with other pneumatic machines which would include commercial vehicles which typically have pneumatic brakes for better stopping.
Claims 18-19, Simsheuser discloses silencer for pneumatic machines (paragraph [0003]). It would have been obvious to one of ordinary skill in the art that the silencer of Simsheuser can be used in a compressed-air brake system of a commercial vehicle. Krahl (US 20210354674 A1) discloses electropneumatic brake system for a vehicle, CN 113460015 A discloses automatic pressure regulating valve of commercial vehicle electric control pneumatic brake system, Sovago (US 20200269827 A1) discloses noise damper for a compressed-air system for a brake system of a utility vehicle, DE 102016100139 A1 discloses silencer for a compressed air system of a vehicle, Weber (US 8191675 B2) discloses a silencer for compressed air appliances of vehicles, Harting (US 20110168481 A1) discloses sound damper for compressed air systems of vehicles, etc..
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 10-11 and 13-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Simsheuser (DE 2932777 A1).
Regarding claim 10, Simsheuser discloses a splashguard cover (housing 11, 111-114, figs.1-3) for a silencer unit (figs.1-3) of a compressed-air system of a commercial vehicle (pneumatic machines), comprising: walls (111-114, 12, 12’, 12”, figs.1-3) of the splashguard cover which are disposed in a pagoda-shaped manner (fig.1); and outlet openings (gaps 117,116,117',116',117", 118, 118’ fig.1) which are, in each case, provided between the walls.
Regarding claim 11, Simsheuser discloses wherein the splashguard cover has a substantially round basic shape (housing 11 has round shape as seen in figs.1-2).
Regarding claim 13, Simsheuser dislcoses wherein the splashguard cover has a plurality of rings and at least one end plate (111-114 have rings as seen in figs.1-2, inserts 12,12’, 12” form the rings and end plate), which are disposed in the pagoda-shaped manner.
Regarding claim 14, Simsheuser dislcoses wherein the splashguard cover is a stepped cover with outlet openings (housing 11 is a stepped cover as seen in fig.1).
Regarding claim 15, Simsheuser discloses wherein the splashguard cover is specified and configured so as to release a sufficiently large outflow cross section (diameter increases from inlet to the outlet 14 to prevent back pressure and prevent water ingressing from outside, figs.1-3)) for pressurized air and simultaneously prevent water ingressing from outside in a straight line through the silencer unit (diameter increases from inlet to the outlet 14 to prevent back pressure and prevent water ingressing from outside, figs.1-3)) into an outflow duct of an apparatus of a motor truck brake system (exhaust silencer for pneumatic machines which can include air brake system commonly used in large trucks, it would have been obvious to one of ordinary skill in the art before the effective filing date that the pneumatic machine of Simsheuser could be a compressed air system of a vehicle similar to that of Harting (US 20110168481 A1) discloses sound damper for compressed air systems of vehicles).
Regarding claim 16, Simsheuser dislcoses a silencer unit (silencer, figs.1-3) for a compressed-air system of a commercial vehicle (silencer for pneumatic machines), comprising: at least one splashguard cover according to claim 10, wherein the at least one splashguard cover is mounted on the silencer unit.
Regarding claim 17, Simsheuser discloses a compressed-air system for a commercial vehicle (pneumatic machines with silencer as seen in figures 1-3), comprising: at least one splashguard cover according to claim 10; and a silencer (silencer as seen in figs.1-3) having the splashguard cover.
Regarding claim 18, Simsheuser discloses wherein the compressed-air system is a compressed-air brake system of the commercial vehicle (exhaust silencer for pneumatic machines which can include air brake system commonly used in large trucks, it would have been obvious to one of ordinary skill in the art before the effective filing date that the pneumatic machine of Simsheuser could be a compressed air system of a vehicle similar to that of Harting (US 20110168481 A1) discloses sound damper for compressed air systems of vehicles).
Regarding claim 19, Simsheuser discloses a commercial vehicle (exhaust silencer for pneumatic machines which can include air brake system commonly used in large trucks, it would have been obvious to one of ordinary skill in the art before the effective filing date that the pneumatic machine of Simsheuser could be a compressed air system of a vehicle similar to that of Harting (US 20110168481 A1) discloses sound damper for compressed air systems of vehicles) comprising a compressed-air system according to claim 17.
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simsheuser (DE 2932777 A1) in view of Harting (US 20110168481 A1).
Regarding claim 12, Simsheuser discloses the splashguard of claim 10 but fails to disclose the splashguard having latching cams.
However, Harting discloses wherein the splashguard cover has one or a plurality of latching cams (latching cams on housing 5 as seen in figure 1).
Simsheuser and Harting are both considered to be analogous to the claimed invention because they are in the same field of exhaust silencers. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Simsheuser with the latching cams of Harting with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of allowing the silencer to be easily mounted.
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 IAN BRYCE SHELTON whose telephone number is (571)272-6501. The examiner can normally be reached Monday-Friday 8:00-5:00.
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, Allen Shriver can be reached at (303)-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IAN BRYCE SHELTON/Examiner, Art Unit 3613
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