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 Arguments
Applicant's arguments filed 11/06/2025 have been fully considered but they are not persuasive. Examiner holds prior art teaches amended limitations of claims.
Regarding arguments page 5-6 for Deville figure 2. Examiner holds Deville shows fig. 2 as a closed structure.
Regarding arguments page 7-8 for Chashchukhin. Examiner refers to Final Office Action dated 04/16/2025 concerning broad scope of claims.
Argument concerning “no fluid within the shelter”. As applicant is fully aware, the arguments of counsel cannot take the place of evidence in the record. In this instance, it appears counsel is suggesting prior art has no fluid (air) remaining with in the sealed cover. This information is not present in Chaschukhin or assumed by one of ordinary skill in the art, as there is air remaining around the parts of the vehicle in figure 5.
Argument concerning limitation “when the body moves relative to the ambient fluid” is a) a conditional clause and b) met by Chaschukhin, applicants reading of “secured in a safe location” of Chaschukin is overly narrow and not limited to objects incapable of moving. Examiner holds previous rejection including scope of prior in relation to the instant application claims.
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)(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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3363717 A Delville Hunt Rowland.
Regarding claim 1 Deville teaches, a drag reduction device (fig. 3, element 1), wherein the drag reduction device is configured to be detachably attached to a body (element 1 figs, 2 attaching to element 5), such that when the body moves relative to an ambient fluid, a drag experienced from the body in the ambient fluid is reduced (col. 5, lines 46-49), wherein the drag reduction device comprises a first part and a second part, the first part attached to the second part (fig. 2, elements 1 and 2), and the second part is configured to be detachably attached to a body (col. 3, lines 22-27), wherein the first part is made of a flexible material (col. 3, lines 22-27), and the first part is configured to be able to change its shape under an action of the ambient fluid (col. 3, lines 28-36 the air inflates the structure); wherein the first part itself delimits a first closed space (fig. 2, element 1), and the first part is detachably attached to a part of the body via the second part (fig. 2) wherein the first closed space contains a first fluid, and the first part changes its shape by interacting with the first fluid and the ambient fluid, so that the drag experienced from the body in the ambient fluid is reduced (col. 3, lines 28-36 the air inflates the structure).
Claim(s) 1, 5, 8, 9, 11, 14-17, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9499035 B1 Chashchukhin; Sergey.
Regarding claim 1, Chashchukhin teaches, a drag reduction device, wherein the drag reduction device is configured to be detachably attached to a body (fig. 4, element 131), such that when the body moves relative to an ambient fluid, a drag experienced from the body in the ambient fluid is reduced (fig. 5), wherein the drag reduction device comprises a first part (fig. 4, element 112) and a second part (fig. 4, element 118), the first part is attached to the second part (fig. 4), and the second part is configured to be detachably attached to a body (fig. 4), wherein the first part is made of a flexible material (fig. 4, element 112), and the first part is configured to be able to change its shape under an action of the ambient fluid (fig. 5); wherein the first part itself delimits a first closed space (fig. 5), and the first part is detachably attached to a part of the body via the second part (fig. 4 and 5) wherein the first closed space contains a first fluid, and the first part changes its shape by interacting with the first fluid and the ambient fluid (fig. 5, fluid inside of sealed cover is different than fluid outside of cover, col. 1, lines 42-64, the cover is operated by a vacuum seal which creates a pressure differential between the two fluids inside and outside of the cover), so that the drag experienced from the body in the ambient fluid is reduced (fig. 5, ).
Regarding claim 5 Chashchukhin teaches, the drag reduction device of claim 1, wherein the first part encapsulates the body within the first closed space via the second part (fig. 4, elements 118 and 112).
Regarding claim 8 Chashchukhin teaches, the drag reduction device of claim 1, wherein the first fluid is the same as or different from the ambient fluid (col. 4, lines 24-38).
Regarding claim 9 Chashchukhin teaches, a drag reduction device, wherein the drag reduction device is configured to be detachably attached to a body (fig. 4, element 131), such that when the body moves relative to an ambient fluid, a drag experienced from the body in the ambient fluid is reduced (fig. 5), wherein the drag reduction device comprises a first part (fig, 4. Element 112) and a second part (fig. 4, element 118), the first part is attached to the second part (fig. 4), and the second part is configured to be detachably attached to a body (fig. 4), wherein the first part is made of a flexible material (fig. 4, element 112), and the first part is configured to be able to change its shape under an action of the ambient fluid (fig. 5); wherein the first part itself delimits a non-closed space (fig. 4, element 112), and the first part is attached to a part of the body via the second part (fig. 4, element 112 and element 118), thereby delimiting a second closed space (fig. 5, element 112) wherein the second closed space contains a second fluid, and the first part changes its shape by interacting with the second fluid and the ambient fluid fig. 5, fluid inside of sealed cover is different than fluid outside of cover, col. 1, lines 42-64, the cover is operated by a vacuum seal which creates a pressure differential between the two fluids inside and outside of the cover), so that the drag experienced from the body in the ambient fluid is reduced (fig. 5).
Regarding claim 11 Chashchukhin teaches, the drag reduction device of claim 9, wherein the second fluid is the same as or different from the ambient fluid (col. 4, lines 24-38).
Regarding claim 14 Chashchukhin teaches, the drag reduction device of claim 1, wherein the flexible material is a flexible film , which delimits the first closed space (fig. 4, element 112).
Regarding claim 15 Chashchukhin teaches, the drag reduction device of claim 14, wherein the flexible film encapsulates the body so that the body is located within the first closed space (fig. 5).
Regarding claim 16, Chashchukhin teaches, the drag reduction device of claim 14, wherein the second part is a bonding member , and the flexible film is detachably attached to the body through the bonding member (col. 3, lines 59-67).
Regarding claim 17, Chashchukhin teaches, the drag reduction device of claim 9, wherein the flexible material is a flexible film, the second part is a bonding member (col. 3, lines 59-67), the flexible film is attached to a part of the body via the bonding member (fig. 4 element 118), thereby delimiting the closed space (col. 3, lines 59-67).
Regarding claim 19, Chashchukhin teaches, the drag reduction device of claim 1, wherein the flexible material is a filament which is joined at both ends to form a closed shape (fig. 5, element 112), and the second part is a bonding member (fig. 4, element 118, col. 3, lines 59-67), the filament attached to a part of the body through the bonding member (fig. 4).
Regarding claim 20, Chashchukhin teaches, the drag reduction device of claim 9, wherein the flexible material is a filament (fig. 4, element 112), and the second part comprises a bonding member (col. 3, lines 59-67), the filament attached at its two ends respectively to two different locations on a surface of the body through the bonding member thereby delimiting the second closed space (fig. 4 element 118 and fig. 5 element 115).
Conclusion
THIS ACTION IS MADE FINAL. 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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/C.M.C/
Examiner
Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642