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 Objections
Claims 1-6 are objected to because of the following informalities:
In claim 1, it is thought that --a—should be added before “connection” on each of the last two lines
Appropriate correction is required.
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 2 and 3 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.
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) which includes an example that claim language of “a temperature of between 45 and 78 degrees Celsius, preferably between 50 and 60 degrees Celsius” has been held to be indefinite. In the present instance, claim 2 recites the broad recitation “300 gsm or more and 1500 gsm or less”, and the claim also recites “preferably 600 gsm or more and 1000 gsm or less” which is the narrower statement of the range/limitation. In addition, claim 3 recites the broad recitation of “15 gsm or more and 400 gsm or less”, and the claim also recites “preferably 50 gsm or more and 200 gsm or less” 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.
Allowable Subject Matter
Claims 1-6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The recitation in claim 1 of a vehicular compartment soundproofing structure including a partition member, a sound absorbing layer disposed on a vehicular interior side with respect to the partition member and having spaces therein; an air impermeable layer disposed on the vehicular interior side with respect to the sound absorbing layer; and a compressed fiber layer disposed on the vehicular interior side with respect to the air impermeable layer, wherein a connection strength between the compressed fiber layer and the air impermeable layer is lower than a connection strength between the air impermeable layer and the sound absorbing layer is neither taught nor fairly suggested by the prior art of record. The closest prior art of record, Inoue et al. US 8,158,246, discloses a partition member (510; Fig. 20), a sound absorbing layer (502; Fig. 20), an air impermeable layer (503; Fig. 20) and a compressed fiber layer (506b; Fig. 20) that are all interconnected. However, the reference makes no distinction between the connection strength between the compressed fiber layer and the air impermeable layer compared to a connection strength between the air impermeable layer and the sound absorbing layer. In addition, such a feature would not be obvious to one skilled in the art absent a reference which teaches such a distinction.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Eguchi et al. US 8,727,417 discloses a sound proofing structure (Fig. 11) which includes a sound absorbing layer (62; Fig. 11) and an air impermeable layer (see col. 12, lines 45-46) between the sound absorbing layer and a buffer layer (50; Fig. 11) which functions as a partition. However, the reference does not disclose that the air impermeable layer is connected to a compressed fiber layer as required by claim 1.
Tsuki et Al. US 7,080,712 disclose a sound absorbing structure including a partition (10; Fig. 18) connected to a sound absorbing later (21; Fig. 18) with an air impermeable skin surface (27; Fig. 18). However, the reference does not disclose that the air impermeable layer is connected to a compressed fiber layer as required by claim 1.
Alts et al. US 6,145,617 disclose a sound absorbing structure including a partition (3; Fig. 1), a fiber layer (6; Fig. 1) and an air impermeable layer (7; Fig. 1) between the fiber layer and a carpet layer (8; Fig. 1). However, the reference makes no distinction between the connection strength between the fiber layer and the air impermeable layer compared to a connection strength between the air impermeable layer and the carpet layer as required by claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph D. Pape whose telephone number is (571)272-6664. The examiner can normally be reached Monday to Friday 7 AM-3:30 PM.
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/Joseph D. Pape/Primary Examiner, Art Unit 3612
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