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 1-13 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.
In claim 1 it is unclear what is meant by “said unit cells (3) located on the plate (4) with an almost completely fixed form”. In particular it is unclear what is meant by “almost completely fixed form”. It is unclear what would or would not qualify as “almost completely fixed”. For the purposes of examination it was assumed that “almost completely fixed” was equivalent to “substantially fixed” as this is what was meant per the examiner’s best understanding of the claimed invention.
In claim 2 it is unclear if the “plurality of crystalline unit cells” and “amorphous intermediate cells” are respectively meant to reference the plurality of unit cells and plurality of intermediate cells of claim 1, or if the claim is introducing new unit cells and intermediate cells. It appears that the claim is meant to merely further define the plurality of unit cells as being crystalline unit cells, and the plurality of intermediate cells as being amorphous intermediate cells, as this is what was meant to be claimed per the examiner’s best understanding of the claimed invention.
In claim 3 it is unclear how the phrase “characterized by the plate (4)” relates to the rest of the claim which addresses the walls of the intermediate cells. It is unclear how the plate is meant to relate to the walls of the intermediate cells.
In claims 4 and 7 it is unclear which of the plurality of unit cells and plurality of intermediate cells are being referenced as “the intermediate cell” and “the unit cell”.
Further in claim 4 there is no antecedent basis for the term “the fixed unit cells”. It is unclear if the claim is referencing the plurality of unit cells of claim 1 and further defining the plurality of unit cells as “fixed”, or if this is meant to reference different unit cells.
In claim 6 it is unclear if the “fixed unit cells” are meant to reference the “plurality of unit cells” of claim 1, likewise it is unclear if the intermediate cells are meant to reference the intermediate cells of claim 1, or separate elements.
In claim 10 it is unclear what is meant by “made of different shape memory alloy material”. In particular it is unclear what the shape memory alloy material is different from.
In claim 11 it is unclear if the unit cells and intermediate cells are meant to be the same unit cells and intermediate cells of claim 1, or separate unit cells and intermediate cells. It appears the claim is referencing the same unit cells and intermediate cells, in which case the claim should recite “the unit cells” and “the intermediate cells”. Further in claim 11 it is unclear what is being referenced as “different configurations” and what they are different from.
In claim 13 it is unclear which of the plurality of intermediate cells is being referenced as “the intermediate cell”.
Allowable Subject Matter
Claims 1-13 would be allowable inf amended to overcome the above 112 rejections.
The following is a statement of reasons for the indication of allowable subject matter: KR20220130874A to Kim et al. was considered the closest prior art reference and teaches a vibroacoustic structure system(ABS) comprising a body of an air vehicle(para[0003]), which is subject to vibrations, a plurality of unit cells located on the body(fig 1,2) a plate located on the body(encloser wall of fig 1) which comprises said plurality of unit cells, at least one vibration source(turbine of vehicle, para[0003]) which creates vibration on the body, said unit cells configured to substantially absorb the vibration created on the body(fig 2), a plurality of intermediate cells located on the plate and between the unit cells, containing shape memory alloy material(fig 2, para[0049,0057]), and actuator located on the body(para[0050]), which energizes the intermediate cells, thereby enabling the intermediate cells to change shape and/or form(para[0148]), the plate having a first position in which at least two unit cells move away from each other due to the intermediate cells changing shape and/or form when triggered by the actuator(Fig 2, shape A), a second position in which at least two unit cells approach each other due to the intermediate cells changing shape and/or form when triggered by the actuator(Fig 2, shape B), thereby allowing that vibrations at multiple types of frequencies reaching thereon simultaneously are absorbed(para[0008]). Kim however does not teach that the unit cells are in an almost completely(substantially, see claim interpretation in above 112 rejection) fixed form, with the intermediate cells located between the fixed unit cells.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US11869472, US7350851.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H DUCKWORTH whose telephone number is (571)272-2304. The examiner can normally be reached M-F 9:30-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 5712724979. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY DUCKWORTH/Primary Examiner, Art Unit 3632
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