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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2022-009166, filed on 25 January 2022.
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 1-7 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.
The term “relatively low” in claim 1 (line 13) is a relative term which renders the claim indefinite. The term “relatively low” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examining purposes,“ relatively low” is regarded as redundant with respect to lines 11-15. Therefore claim 1 lines 11-15 are examined as the following: “the vehicular compartment soundproofing structure includes a first structure section with a connection strength between the air impermeable layer and the compressed fiber layer than the connection strength between the air impermeable layer and the compressed fiber layer of the first structure section.”
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation 15-400 gsm, and the claim also recites 50-200gsm which is the narrower statement of the range/limitation. Claim 4 recites the broad recitation 300-1500 gsm, and the claim also recites 600-1000 gsm which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claims 2 and 5-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ) as being dependent upon claim 1.
Claim Objections
Claim 1 is objected to because of the following informalities:
Lines 14-15 recite “…and the compressed fiber layer is higher the connection strength between… ” is read as ““…and the compressed fiber layer is higher than the connection strength between…”. Appropriate correction is required.
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) 1,3-5, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 8,158,246 B2) in view of Matsumoto et al. (US 2021/0272545 A1).
Regarding Claim 1, Inoue et al. (US 8,158,246 B2) discloses a vehicular compartment soundproofing structure included in a vehicular compartment for suppressing exterior noise (Soundproofing structure 501; Col. 21, Lines 35-50; Fig. 20), the vehicular compartment soundproofing structure comprising:
a partition member that partitions the vehicular compartment (Partition 510 between vehicle’s exterior and vehicle’s interior; Col. 21, Lines 35-10; Fig. 20);
a sound absorbing layer disposed on a vehicular interior side with respect to the partition member and having spaces therein (Sound absorbing layer made of felt 502 above partition 510; Col. 22, Lines 25-35; Fig. 20. Felt is known to have spaces within);
an air impermeable layer disposed on the vehicular interior side with respect to the sound absorbing layer and made of air impermeable material (Air impermeable layer 503 on top of sound absorbing layer 502; Col. 20, Lines 40-50; Fig. 20); and
a compressed fiber layer disposed on the vehicular interior side with respect to the air impermeable layer and mainly formed of a compressed mass of fibers (506b comprising compressed felt; Col. 22, Lines 1-20; Fig. 20), wherein
the vehicular compartment soundproofing structure includes a first structure section in which connection strength between the air impermeable layer and the compressed fiber layer (Air impermeable layer 503 bonded to compressed fiber layer 506b; Col. 22, Lines 1-20) and a second structure section in which connection strength between the air impermeable layer and the compressed fiber layer (Air impermeable layer 503 bonded to compressed fiber layer 506b; Col. 22, Lines 1-20) (Col. 5, Lines 30-45).
Inoue et al. fails to explicitly disclose the vehicular compartment soundproofing structure includes a first structure section in which connection strength between the air impermeable layer and the compressed fiber layer is relatively low and a second structure section in which connection strength between the air impermeable layer and the compressed fiber layer (Air impermeable layer 503 generally bonded to compressed fiber layer 506b; Col. 22, Lines 1-20) is higher the connection strength between the air impermeable layer and the compressed fiber layer of the first structure section.
However, Matsumoto et al. (US 2021/0272545 A1) teaches the vehicular compartment soundproofing structure includes a first structure section in which connection strength between a first layer and the compressed fiber layer is relatively low and a second structure section in which connection strength between the first layer and the compressed fiber layer is higher the connection strength between the first layer and the compressed fiber layer of the first structure section (Matsumoto: First structure as openings 14 between layer 11 and layer 13, openings being low connection strength. Second structure as bonded areas of 12 between layer 11 and layer 13, bonded areas being a higher connection strength. Para. 0036; Fig. 1-2). Matsumoto et al. and Inoue et al. are in similar fields comprising layered soundproofing materials. Modifying Inoue et al. with teachings of Matsumoto et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the vehicular compartment soundproofing structure includes a first structure section in which connection strength between the air impermeable layer and the compressed fiber layer is relatively low and a second structure section in which connection strength between the air impermeable layer and the compressed fiber layer is higher the connection strength between the air impermeable layer and the compressed fiber layer of the first structure section for the purpose of expanding the sound absorbable frequency range (Matsumoto: Para. 0035).
Regarding Claim 3, Inoue et al. as modified by Matsumoto et al. disclose the vehicular compartment soundproofing structure according to claim 1, wherein a mass per unit area of the air impermeable layer is 15 gsm or more and 400 gsm or less and preferably 50 gsm or more and 200 gsm or less (Not greater than 300 gsm; Col. 21, Lines 55-60).
Regarding Claim 4, Inoue et al. as modified by Matsumoto et al. disclose the vehicular compartment soundproofing structure according to claim 1, wherein a mass per unit area of the compressed fiber layer is 300 gsm or more and 1500 gsm or less and preferably 600 gsm or more and 1000 gsm or less (Second sound absorbing layer/compressed fiber layer with density 0.05 to 0.15
g
/
c
m
3
and thickness 4 to 10mm gives range 200 to 1500gsm; Col. 7, Lines 44-47).
Regarding Claim 5, Inoue et al. as modified by Matsumoto et al. disclose the vehicular compartment soundproofing structure according to claim 1, wherein in the first structure section, the air impermeable layer and the compressed fiber layer are not bonded (Matsumoto: First structure as openings 14 between layer 11 and layer 13, openings being low connection strength and not bonded. Para. 0036; Fig. 1-2).
Regarding Claim 7, Inoue et al. as modified by Matsumoto et al. disclose the vehicular compartment soundproofing structure according to claim 1, wherein the air impermeable layer and the sound absorbing layer are not bonded (Layers stacked without adhesive; Col. 7, Lines 48-52).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 8,158,246 B2) in view of Matsumoto et al. (US 2021/0272545 A1) and Takeya (JP 2014-189230 A).
Regarding Claim 2, Inoue et al. as modified by Matsumoto et al. disclose the vehicular compartment soundproofing structure according to claim 1, wherein
the partition member is a floor panel that defines a floor of an automobile (Col. 21, Lines 35-50),
Inoue et al. et al. as modified by Matsumoto et al. fails to explicitly disclose the first structure section (Matsumoto: Openings 14; Fig. 1-2) is provided on a portion of the floor panel corresponding to a foot space where feet of a seated occupant are placed and the second structure section (Matsumoto: 12; Fig. 1-2) is provided on portions of the floor panel other than the foot space, and the sound absorbing layer of the first structure section (Matsumoto: Para. 0043) is thicker than the sound absorbing layer of the second structure section.
However, Takeya (JP 2014-189230 A) teaches the first structure section is provided on a portion of the floor panel corresponding to a foot space where feet of a seated occupant are placed and the second structure section is provided on portions of the floor panel other than the foot space, and the sound absorbing layer of the first structure section is thicker than the sound absorbing layer of the second structure section (Examiner Annotated Takeya Fig. 2: First structure A provided on floor panel 10 corresponding to foot space 15 and second structure B corresponding to tunnel space 11 for mounting center console; Para. 0022-0023. A’s sound absorbing layer 34 thicker than B’s sound absorbing layer 33; Para. 0032-0034). Takeya, Matsumoto et al., and Inoue et al. are in similar fields comprising layered soundproofing materials. Modifying Inoue et al. as modified by Matsumoto et al. with teachings of Takeya would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the first structure section is provided on a portion of the floor panel corresponding to a foot space where feet of a seated occupant are placed and the second structure section is provided on portions of the floor panel other than the foot space, and the sound absorbing layer of the first structure section is thicker than the sound absorbing layer of the second structure section for the purpose of sound insulation performance through a double-walled structure in the mid-to-high frequency range around the first structure section while reducing height and suppressing protrusion around the second structure section (Takeya: Para. 0032,035,0055).
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Examiner Annotated Takeya Fig. 2
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 8,158,246 B2) in view of Sakai et al. (US 2022/0076653 A1).
Regarding Claim 1, Inoue et al. (US 8,158,246 B2) discloses a vehicular compartment soundproofing structure included in a vehicular compartment for suppressing exterior noise (Soundproofing structure 501; Col. 21, Lines 35-50; Fig. 20), the vehicular compartment soundproofing structure comprising:
a partition member that partitions the vehicular compartment (Partition 510 between vehicle’s exterior and vehicle’s interior; Col. 21, Lines 35-10; Fig. 20);
a sound absorbing layer disposed on a vehicular interior side with respect to the partition member and having spaces therein (Sound absorbing layer made of felt 502 above partition 510; Col. 22, Lines 25-35; Fig. 20. Felt is known to have spaces within);
an air impermeable layer disposed on the vehicular interior side with respect to the sound absorbing layer and made of air impermeable material (Air impermeable layer 503 on top of sound absorbing layer 502; Col. 20, Lines 40-50; Fig. 20); and
a compressed fiber layer disposed on the vehicular interior side with respect to the air impermeable layer and mainly formed of a compressed mass of fibers (506b comprising compressed felt; Col. 22, Lines 1-20; Fig. 20), wherein
the vehicular compartment soundproofing structure includes a first structure section in which connection strength between the air impermeable layer and the compressed fiber layer (Air impermeable layer 503 bonded to compressed fiber layer 506b; Col. 22, Lines 1-20) and a second structure section in which connection strength between the air impermeable layer and the compressed fiber layer (Air impermeable layer 503 bonded to compressed fiber layer 506b; Col. 22, Lines 1-20) (Col. 5, Lines 30-45).
Inoue et al. fails to explicitly disclose the vehicular compartment soundproofing structure includes a first structure section in which connection strength between the air impermeable layer and the compressed fiber layer is relatively low and a second structure section in which connection strength between the air impermeable layer and the compressed fiber layer (Air impermeable layer 503 generally bonded to compressed fiber layer 506b; Col. 22, Lines 1-20) is higher the connection strength between the air impermeable layer and the compressed fiber layer of the first structure section.
However, Sakai et al. (US 2022/0076653 A1) teaches the vehicular compartment soundproofing structure includes a first structure section in which connection strength between a first layer and the compressed fiber layer is relatively low and a second structure section in which connection strength between the air first layer and the compressed fiber layer is higher the connection strength between the first layer and the compressed fiber layer of the first structure section (Sakai Fig. 16: First structure area 1 and second structure area 2 of Example 15 is joining layer/adhesive 12 between layers 11 and 13 of Fig. 1; Para. 0065-0066,0174-0176. In Table 3 Example 15 Column: First structure area 1 has an 80% contacting area (low connection strength) and second structure 2 has 100% contact area (high connection strength)). Sakai et al. and Inoue et al. are in similar fields comprising layered soundproofing materials. Modifying Inoue et al. with teachings of Sakai et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the vehicular compartment soundproofing structure includes a first structure section in which connection strength between the air impermeable layer and the compressed fiber layer is relatively low and a second structure section in which connection strength between the air impermeable layer and the compressed fiber layer is higher the connection strength between the air impermeable layer and the compressed fiber layer of the first structure section for the purpose of increasing individual areas of the first structure so that “the sound absorption coefficient on the higher frequency range side of the sound absorption peak frequency of the sound proof material can be reduced” (Sakai: Para. 0031).
Regarding Claim 6, Inoue et al. as modified by Sakai et al. disclose the vehicular compartment soundproofing structure according to claim 1, further comprising:
a first adhesive layer disposed between the air impermeable layer and the compressed fiber layer in the first structure section (Sakai Fig. 16: First structure area 1 is a plurality of adhesive strips of joining layer 12 between layers 11 and 13 of Fig. 1; Para. 0065-0066,0174-0176),
a second adhesive layer disposed between the air impermeable layer and the compressed fiber layer in the second structure section (Sakai Fig. 16: Second structure area 2 is an adhesive strip of joining layer 12 between layers 11 and 13 of Fig. 1; Para. 0065-0066,0174-0176), and
the second adhesive layer has adhesion strength higher than adhesion strength of the first adhesive layer (Sakai Table 3 Example 15 Column: Second structure area 2 with 100% contact/adhesion area (high connection strength) compared to first structure area 1 with 80% contact/adhesion area (low connection strength)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20170369005-A1, US-9087505-B2
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/JENNIFER B OLSON/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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