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 .
Specification
The disclosure is objected to because of the following informalities:
In ¶ [0018] the direct reference to claim 1 should be deleted.
Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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 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 11 – 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deiters (DE 10 2019 129 358).
With respect to claims 11 and 19 – 21, Deiters teaches a silencer unit for a pneumatic system of a utility vehicle (Abstract), the silencer unit comprising an interface for connection to the pneumatic system of a utility vehicle, an air inlet (Fig.2, Items 56 and 58), and an air outlet (Figs.2 and 3, Items 16 and 40,42), wherein the silencer unit is oriented non-vertically downwards towards the ground when installed and connected to the pneumatic system (Fig.2), and a spray protection element (Figs.3 – 4, Items 112, 114,116,118,122,124,126 and 128; Specification under “Description” ¶ [0022]-[0023]) is connected to the silencer unit at least one of around and on the air outlet (Figs.3 and 4, Items 40 and 42).
With respect to claim 12, Deiters et al. teach wherein the spray protection element in the installed state is designed to received fluid flowing from the silencer and the spray protection element has capacity to allow fluid to flow through it (Specification under “Description” ¶ [0022] - [0023]).
With respect to claim 13, Deiters et al. teach wherein on the air outlet side of the silencer unit, the silencer unit has at least one of a wall, a perforated wall and a perforated wall section having a plurality of at least one of holes, slots (Figs.3 and 4, Items 40,70,72,74,42,76,78,80) and circular segment-like openings.
With respect to claim 14, The Examiner considers that it would have been an obvious matter of design choice to provide the shape of a wall of the silencer unit being generally contoured according to an outer contour of an adjacent element because it would facilitate the installation of the muffler in minimal available spaces.
With respect to claim 15, Deiters et al. teach wherein the spray protection element comprises a stepped cover (Figs.3 and 4, Items 114, 40, 152, 70, 112) having at least one outlet opening (Figs.3 and 4, Items 40 and 70).
With respect to claim 16, Deiters et al. teach wherein the air outlet of the spray protection element includes a cross-section sized for releasing pressurized air and, at the same time, preventing water ingress from outside the silencer unit from passing through the silencer unit and into an outflow duct of the pneumatic system (Specification under “Description” ¶ [0022] - [0023]).
With respect to claim 17, Deiters et al. teach wherein the silencer unit comprises a noise reduction medium (Fig.2, Items 62 and 64), wherein fluid flowing through the silencer unit flows through the medium.
With respect to claim 18, Deiters et al. teach wherein at least one of the perforated wall and the perforated wall section (Fig.2, Item 16) contacts (Fig.1) the noise reduction medium (Fig.2, Items 62 and 64).
Conclusion
The attached hereto PTO Form 892 lists prior art made of record that the Examiner considered it pertinent to applicant's disclosure.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDGARDO SAN MARTIN whose telephone number is (571)272-2074. The examiner can normally be reached on 9:00 - 5:00 M - F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shawki S. Ismail can be reached on 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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/Edgardo San Martin/
Edgardo San Martín
Primary Examiner
Art Unit 2837
August 8, 2026
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