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 1-5 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 “in an L-shape with two tip end portions when the protective cover is unfolded in a direction perpendicular to a plate thickness direction.” It is unclear what this means. An L-shape with two end portions is clear however the modification that when the cover is unfolded something is in a direction perpendicular to a plate thickness is unclear.
Claim 4 recites “the cutout is provided by cutting out a root portion of the step portion in the flat portion.” It is unclear what a root portion may be. The specification describes that the cutout may be provided by cutting out a boundary portion between the flat portion and the step portion. However, this type of description cannot be imported into the claims without a special definition. For consistency with the specification, this feature is interpreted as a cutout at the boundary between the flat portion and step portion.
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hasegawa (JP-H10324171-A).
Claim 1
Hasegawa discloses a protective cover [that is used to protect a rotating member extending in an axial direction],
the protective cover being made of a plate-shaped body and being configured in an L-shape (see FIG. 2) with two tip end portions (both tabs or regions at 12 in FIG. 5) when the protective cover is unfolded in a direction perpendicular to a plate thickness direction of the plate-shaped body (as best understood, the end portions extend outward in a different direction than the side surface A1),
wherein: fastening portions (12) are provided at the two tip end portions, respectively; the protective cover is configured to be mounted in a cantilevered manner (any portion not at 12 is interpreted as cantilevered consistent with the disclosed embodiment) by the fastening portions being fastened; and
a cutout (14) is provided at an edge end portion (edge of A1) on a side of the protective cover that is to be mounted in the cantilevered manner (portion away from the two fastening portions 12), the cutout (14) being configured to suppress a localized concentration of stress due to a bending load generated in a cross-section orthogonal to a straight line connecting the respective fastening portions (any stress at the corner of the L that is cut out would be spread out around the cutout).
The claim is directed to the protective cover only and the use of the protective cover for a rotating member is an intended use of the cover and is not positively set forth as a claim limitation.
Claim 2
As best understood, Hasegawa discloses wherein, when the protective cover is unfolded in the direction perpendicular to the plate thickness direction, a curvature of an edge end of the cutout (14) gradually changes at a location where the stress due to the bending load is generated. If the entire cover of FIG. 5 were unfolded, the edge of the cutout (14) would gradually change. Alternatively, there is radius of curvature at the two inner corners of the cutout (14) which would also constitute a gradual change in the edge.
Claim 3
Hasegawa discloses wherein: the protective cover includes a plurality of flat portions (see annotated FIG. 5) and a step portion configured to connect adjacent flat portions to each other among the flat portions; and the cutout is provided in the flat portion.
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Claim 4
Hasegawa discloses wherein: the protective cover includes a plurality of flat portions and a step portion (see annotated FIG. 5 in rejection of claim 3 above) configured to connect adjacent flat portions to each other among the flat portions; and the cutout is provided by cutting out a root portion (a boundary between the flat portions and the step portion at the corner where these would otherwise intersect) of the step portion in the flat portion.
Claim 5
Hasegawa discloses wherein the protective cover is configured to be mounted in the cantilevered manner by the fastening portions (12) each being provided at a corresponding one of the two tip end portions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2024/0264005 discloses a shield (26) with two fastener end portions (26-2A and 26-3A) with a cutout in between the two slanted end portions (at 14 in FIG. 4). US 2020/0362957 discloses a heat shiel with multiple fastener end portions and a cutout between two of them. US 2015/0345613 discloses an L-shaped cover with two ends that fasten and a cutout that runs along one of the two portions of the edge including the boundary between the two portions of the L. US 2012/0312954 FIGS. 4 and 5 includes a cutout (not labeled but along axis 78) between two portions of a cover.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY A FLUHART/Primary Examiner, Art Unit 3655
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