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
This office action is in response to the amendment filed 11/06/2025. As directed by the amendment: claims 11, 18, and 19 are amended. Applicant’s amendments to the claims have overcome each and every rejection previously set forth in the office action mailed 08/26/2025. However, a new rejection is made over Kubicki.
Response to Arguments
Applicant’s arguments, see remarks, filed 11/06/2025, with respect to the rejection(s) of claim(s) 11-21 under 102(a)(1) have been fully considered and are persuasive due to the amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kubicki.
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) 11-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kubicki (WO 2007/139407A1).
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Annotated Figure 4 from Kubicki.
Regarding claim 11, Kubicki discloses:
A ventilation flap arrangement, comprising:
a ventilation flap (1) that blocks an air inlet in a closed position and releases the air inlet in an open position, the ventilation flap (1) being rotatable from the closed position into the open position by a circular rotational movement about a single rotational axis (6) via an actuator
wherein the ventilation flap (1) is divided into two mutually adjacent regions (see annotated figure above) in a vertical direction
a first, upper, region (see annotated figure above) of the two regions (see annotated figure above) in the vertical direction extends substantially in the vertical direction
a second, lower, region (see annotated figure above) of the two regions (see annotated figure above) in the vertical direction extends from the first region (see annotated figure above) in a longitudinal direction rearwardly and, in the vertical direction, downwardly (see Figure 4)
Further regarding the limitation of vehicle front and vehicle, a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 12, Kubicki discloses:
wherein a lowest location of the first region (see annotated figure above) of the ventilation flap (1) in the vertical direction is located at a same height in the vertical direction as the rotational axis (6) so that the first region (see annotated figure above) and a horizontal which extends through the rotational axis parallel with the longitudinal direction substantially define a right angle (see Figure 4)
Regarding claim 13, Kubicki discloses:
wherein the second region (see annotated figure above) extends from the first region (see annotated figure above) in a curved manner rearwardly in the longitudinal direction and downwardly in the vertical direction (see Figure 4)
Regarding claim 14, Kubicki discloses:
wherein the second region (see annotated figure above) extends from the first region (see annotated figure above) in a curved manner rearwardly in the longitudinal direction and downwardly in the vertical direction (see Figure 4)
Regarding claim 15, Kubicki discloses:
wherein the second region (see annotated figure above) extends from the first region (see annotated figure above) in a curved manner rearwardly in the longitudinal direction and downwardly in the vertical direction with a radius of curvature which corresponds to a spacing of the lowest location of the first region (see annotated figure above) from the rotational axis 6 (see Figure 4)
Regarding claim 16, Kubicki discloses:
wherein the rotational axis (6) extends substantially in a width direction (see Figure 4)
Regarding claim 17, Kubicki discloses:
wherein the rotational movement that moves the ventilation flap (1) from the closed position into the open position involves a rotation of the ventilation flap (1) about the rotational axis (6), which rotational axis (6) extends in a width direction, upwardly in the vertical direction
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kubicki in view of Hambusch (DE 102014226027).
In the event that a vehicle front / vehicle is not intended use, the claims are further rejected over Kubicki in view of Hambusch.
Regarding claim 11, Kubicki discloses a ventilation flap arrangement, comprising: a ventilation flap (1) that blocks an air inlet in a closed position and releases the air inlet in an open position, the ventilation flap (1) being rotatable from the closed position into the open position by a circular rotational movement about a single rotational axis (6) via an actuator; wherein the ventilation flap (1) is divided into two mutually adjacent regions (see annotated figure above) in a vertical direction; a first, upper, region (see annotated figure above) of the two regions (see annotated figure above) in the vertical direction extends substantially in the vertical direction; a second, lower, region (see annotated figure above) of the two regions (see annotated figure above) in the vertical direction extends from the first region (see annotated figure above) in a longitudinal direction rearwardly and, in the vertical direction, downwardly (see Figure 4).
Kubicki fails to disclose a vehicle front and a vehicle.
Hambusch teaches a flap valve for a vehicle, installed on a vehicle front (see paragraph 0044).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Kubicki to provide a vehicle front and a vehicle, as taught by Hambusch. Doing so would provide a known alternative use for a flap valve.
Regarding claim 12, Kubicki as modified teaches the invention as essentially claimed and further teaches wherein a lowest location of the first region (see annotated figure above) of the ventilation flap (1) in the vertical direction is located at a same height in the vertical direction as the rotational axis (6) so that the first region (see annotated figure above) and a horizontal which extends through the rotational axis parallel with the longitudinal direction substantially define a right angle (see Figure 4).
Regarding claim 13, Kubicki as modified teaches the invention as essentially claimed and further teaches wherein the second region (see annotated figure above) extends from the first region (see annotated figure above) in a curved manner rearwardly in the longitudinal direction and downwardly in the vertical direction (see Figure 4).
Regarding claim 14, Kubicki as modified teaches the invention as essentially claimed and further teaches wherein the second region (see annotated figure above) extends from the first region (see annotated figure above) in a curved manner rearwardly in the longitudinal direction and downwardly in the vertical direction (see Figure 4).
Regarding claim 15, Kubicki as modified teaches the invention as essentially claimed and further teaches wherein the second region (see annotated figure above) extends from the first region (see annotated figure above) in a curved manner rearwardly in the longitudinal direction and downwardly in the vertical direction with a radius of curvature which corresponds to a spacing of the lowest location of the first region (see annotated figure above) from the rotational axis 6 (see Figure 4).
Regarding claim 16, Kubicki as modified teaches the invention as essentially claimed and further teaches wherein the rotational axis (6) extends substantially in a width direction (see Figure 4).
Regarding claim 17, Kubicki as modified teaches the invention as essentially claimed and further teaches wherein the rotational movement that moves the ventilation flap (1) from the closed position into the open position involves a rotation of the ventilation flap (1) about the rotational axis (6), which rotational axis (6) extends in a width direction, upwardly in the vertical direction.
Response to Amendment
Claims 19-21 are allowed.
Claim 18 is 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KELSEY E CARY/Primary Examiner, Art Unit 3753