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 Amendment
The amendment and/or arguments submitted on 10/08/2025 is/are being considered by the examiner.
Claims 1-18 are pending:
Claims 4-5, 8-9, 13-14, 17-18 are withdrawn
Claims 1-3, 6-7, 10-12, 15-16 are examined on the merits
Election/Restrictions
Applicant's election without traverse of Species A (Fig2-3) in the reply filed on 10/08/2025 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
Claim 4-5, 8-9, 13-14, 17-18 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/08/2025.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 03/06/2025 is/are being considered by the examiner.
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.
Claim(s) 1-3, 6-7, 10-12, 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurata (US 10,947,860)
Claim 1
Kurata discloses:
“A turbocharger (turbocharger 20, overall arrangement best seen in Fig1 and particular embodiments of Fig2-4 in parallel), comprising:
a target component (actuator 30, boot 34); and
a heat-shielding cover (thermal cover 40, bracket 35), which is provided between the target component and a heat source (visually disclosed in Figures to the same degree as applicant has support for the instant limitation; further, limitation is implicit to a thermal cover), and includes at least one cover member that defines a heat-shielding space around the target component (thermal cover 40, bracket 35 around void around boot 34 and actuator 30 sub-components), at least one heat-shielding space having a thickness becoming maximum (best seen Fig2-4, void space thickness between boot 34 and bracket 35 is maximum thickness) at a position on the heat source side with respect to the target component (functional limitation. visually disclosed in Figures to the same degree as applicant has support for the instant limitation; further, limitation is implicit to a thermal cover).”
The above noted limitations are considered functional language, and as the structure disclosed in the reference anticipates the claimed structure, the structure disclosed is capable of performing the recited function, see MPEP 2114.I,II. However, the functional language is disclosed as noted above.
Claim 10
Kurata discloses: “The turbocharger according to claim 1, wherein the heat-shielding space is formed so as to penetrate in a vertical direction (Fig1-4, arrangement is three dimensional and therefore the void space has a dimension in a vertical direction).”
Claim 2
Kurata discloses:
“The turbocharger according to claim 1,
wherein the cover member includes:
a first cover member covering an outer surface of the target component (Fig1-4, cover 40); and
a second cover member covering an outer surface of the first cover member (Fig1-4, bracket 34 at least partially covers cover 40), and
wherein the heat-shielding space includes:
a first heat-shielding space defined between the outer surface of the target component and an inner surface of the first cover member (Fig1-4, space between boot 34 and cover 40); and
a second heat-shielding space defined between an outer surface of the first cover member and an inner surface of the second cover member (Fig1-4, space between cover 40 and bracket 35).”
Claim 6
Kurata discloses: “The turbocharger according to claim 2, wherein the first cover member and the second cover member are fixed to each other (Fig1-4, cover 40 and bracket 35 and mutually fixed in the assembled state).”
Claim 15
Kurata discloses: “The turbocharger according to claim 6, wherein the heat-shielding space is formed so as to penetrate in a vertical direction (Fig1-4, arrangement is three dimensional and therefore the void space has a dimension in a vertical direction).”
Claim 11
Kurata discloses: “The turbocharger according to claim 2, wherein the heat-shielding space is formed so as to penetrate in a vertical direction (Fig1-4, arrangement is three dimensional and therefore the void space has a dimension in a vertical direction).”
Claim 3
Kurata discloses: “The turbocharger according to claim 2, wherein a thickness of the first heat-shielding space becomes maximum at the position on the heat source side with respect to the target component (functional limitation. visually disclosed in Figures to the same degree as applicant has support for the instant limitation; further, limitation is implicit to a thermal cover).”
The above noted limitations are considered functional language, and as the structure disclosed in the reference anticipates the claimed structure, the structure disclosed is capable of performing the recited function, see MPEP 2114.I,II. However, the functional language is disclosed as noted above.
Claim 7
Kurata discloses: “The turbocharger according to claim 3, wherein the first cover member and the second cover member are fixed to each other (Fig1-4, cover 40 and bracket 35 and mutually fixed in the assembled state).”
Claim 16
Kurata discloses: “The turbocharger according to claim 7, wherein the heat-shielding space is formed so as to penetrate in a vertical direction (Fig1-4, arrangement is three dimensional and therefore the void space has a dimension in a vertical direction).”
Claim 12
Kurata discloses: “The turbocharger according to claim 3, wherein the heat-shielding space is formed so as to penetrate in a vertical direction (Fig1-4, arrangement is three dimensional and therefore the void space has a dimension in a vertical direction).”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN HUNTER JR whose telephone number is (571)272-5093. The examiner can normally be reached M-F, 9-18.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached at (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN S HUNTER, JR/Examiner, Art Unit 3745
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