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 § 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 1-8, 12 and 18 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.
Claim 1 recites “a second plurality of openings…arranged between the first plurality of spacing flanges” and “a third plurality of openings…arranged between the second plurality of spacing flanges”. It is unclear whether this limitation means that there is an opening (of the plurality of openings) arranged between pairs of spacing flanges, or whether there is a plurality of openings arranged between spacing flanges. For purposes of examination, the former is presumed. It is also unclear what is meant by “between the first plurality of spacing flanges”. Does this refer to adjacent spacing flanges (of the plurality of spacing flanges), or to any two spacing flanges (of the plurality of spacing flanges)? For purposes of examination, the former is presumed.
Claim 12 recites language similar to claim 1 and is indefinite for the same reasons.
Claims 6 and 18 recite “the plurality of spacing flanges has a rectangular shape”. This limitation is indefinite. The plurality of spacing flanges, as claimed, cannot have a rectangular shape. For purposes of examination, it is presumed each of the spacing flanges has the claimed shape. Dependent claims not addressed are indefinite by virtue of dependence from an indefinite claim.
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.
Claims 9 and 19-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Baden et al. (US 2017/0106973).
Regarding claim 9, Baden discloses a heat shield 130 having an inboard rim 282 at one side and an outboard rim 284 at the opposite side (¶ 28, Fig. 2). These rims correspond to the claimed spacing flanges located on the first and second sides of the heat shield. The heat shield comprises a joint 214 which is formed by joining a first side 216 and a second side 218 together (¶ 31, see Fig. 4A). These sides correspond to the claimed first and second ends. The first and second sides of the heat shield have interlocking bends, corresponding to the claimed first and second connectors, to enable their connection (¶ 31). Baden further discloses there are portions between the spacing flanges having a plurality of openings 206, 209, and 208 (see Fig. 2), and regions between the portions having these openings, which correspond to the claimed plurality of rigid portions and plurality of second portions. The heat shield of Baden is made of a metal material (¶ 31).
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Regarding claim 19, the heat shield of Baden includes a key slot 202 which is located at the joint 214 (see Fig. 2). This corresponds to the claimed recess in at least one of the first and second ends. The key slot can thus function to provide clearance for a connection to the component.
Regarding claim 20, the heat shield of Baden is for a wheel (¶ 3) and thus complies with the shape of a wheel as both are circular. Further, the presence of the key slot permits installation of the heat shield without breaking connection to the wheel.
Allowable Subject Matter
Claims 1-8 appear to 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 prior art of record does not teach or suggest the claimed guard having a structure of spacing flanges of two sides of a flexible metal material extending in the same direction, with openings arranged between spacing flanges and other openings as described, and where the ends of the flexible metal material have connectors and are configured to flex towards each other to create an annual shape. Sellis et al. (US 2008/0169038) discloses a thermal shield having continuous flanges at both sides as opposed to the claimed plurality of spacing flanges. The thermal shield of Sellis also is not a flexible metal material whose ends flex towards each other to create an annular shape.
Claims 10-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. In addition, the 35 U.S.C. 112 rejections of claims 12 and 18 would need to be resolved.
The following is a statement of reasons for the indication of allowable subject matter: The rims of the heat shield in Baden extend in opposite directions rather than the same direction. Thus, the prior art of record does not teach or suggest spacing flanges which extend in the same direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOBEI WANG whose telephone number is (571)270-5705. The examiner can normally be reached M-F 8AM-5PM EST.
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/XIAOBEI WANG/Primary Examiner, Art Unit 1784