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 .
Specification
The disclosure is objected to because of the following informalities:
The use of the term Bowlus TM (in paragraph [4]), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
When there are drawings, there shall be a brief description of the several views of the drawings and the detailed description of the invention shall refer to the different views by specifying the numbers of the figures and to the different parts by use of reference letters or numerals (preferably the latter)
(MPEP § 1.74). Specification lacks reference letters or numerals for parts.
Drawings
The drawings are objected to because the drawings lack reference letters or numerals. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Appropriate correction is required.
Claim Objections
Claims 4-8 are objected to because of the following informalities:
Regarding claims 4-8, “of any of claims 1” (line 1) needs to be changed to
--of claim 1--.
Appropriate correction is required.
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 and 5-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmidt US 8,870,275 B1.
Regarding claim 1, Schmidt US 8,870,275 B1 discloses a system, comprising: at least one venturi generator (one vortex generator 21 is provided per tubing 20 in column 9, lines 40-67 to column 10, lines 1-21 as shown in Figures 10 and 12) configured to couple to a vehicle (cab 16 and trailer 17 in column 9, lines 35-40 as shown in Figure 9); and wherein the venturi generator (one vortex generator 21 is provided per tubing 20 in column 9, lines 40-67 to column 10, lines 1-21 as shown in Figures 10 and 12) outputs an airflow (concentrated jet 29 in column 10, lines 58-67 as shown in Figure 12).
Regarding claim 2, Schmidt US 8,870,275 B1 discloses the system of claim 1, wherein the at least one venturi generator (one vortex generator 21 is provided per tubing 20 in column 9, lines 40-67 to column 10, lines 1-21 as shown in Figures 10 and 12) comprises a passive venturi generator in column 9, lines 40-60.
Regarding claim 3, Schmidt US 8,870,275 B1 discloses the system of claim 1, wherein the at least one venturi generator (one vortex generator 21 is provided per tubing 20 in column 9, lines 40-67 to column 10, lines 1-21 as shown in Figures 10 and 12) comprises an active venturi generator in column 9, lines 40-60.
Regarding claim 5, Schmidt US 8,870,275 B1 discloses the system of claim 1, wherein the airflow provides an aerodynamic virtual shape to the vehicle in column 10, lines 5-36 as shown in Figures 11 and 12.
Regarding claim 6, Schmidt US 8,870,275 B1 discloses the system of claim 1, wherein the airflow (concentrated jet 29 in column 10, lines 58-67 as shown in Figure 12) from the at least one venturi generator one vortex generator 21 is provided per tubing 20 in column 9, lines 40-67 to column 10, lines 1-21 as shown in Figures 10 and 12) improves the aerodynamic properties of the vehicle (reduces wind resistance (drag) of the vehicle in column 9, lines 35-36 therefore improves the aerodynamic properties of the vehicle).
Regarding claim 7, Schmidt US 8,870,275 B1 discloses the system of claim 1, wherein the airflow (concentrated jet 29 in column 10, lines 58-67 as shown in Figure 12) from the at least one venturi generator (one vortex generator 21 is provided per tubing 20 in column 9, lines 40-67 to column 10, lines 1-21 as shown in Figures 10 and 12) reduces wind resistance (drag) of the vehicle in column 9, lines 35-36.
Regarding claim 8, Schmidt US 8,870,275 B1 discloses the system of claim 1, wherein the at least one venturi generator (one vortex generator 21 is provided per tubing 20 in column 9, lines 40-67 to column 10, lines 1-21 as shown in Figures 10 and 12) improves a fuel efficiency of the vehicle (reduces wind resistance (drag) of the vehicle in column 9, lines 35-36 therefore improves the fuel efficiency of the vehicle) when coupled to the vehicle as shown in Figure 9.
Claim(s) 1, 4, 9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Piotrowski US 9,333,995 B1.
Regarding claim 1, Piotrowski US 9,333,995 B1 discloses a system, comprising: at least one venturi generator (venturi tube 71 in column 8, lines
30-46 as shown in Figure 6) configured to couple (in column 11, lines
20-45) to a vehicle as shown in Figure 8; and wherein the venturi generator (venturi tube 71 in column 8, lines 30-46 as shown in Figure 6) outputs an airflow in column 6, line 51-column 6, line 5.
Regarding claim 4, Piotrowski US 9,333,995 B1 discloses the system of claim 1, wherein the vehicle (vehicle 20 in column 4, lines 23-27) comprises at least one NACA duct (inlet 60 in column 8, lines 47-67 as shown in Figure 5).
Regarding claim 9, Piotrowski US 9,333,995 B1 discloses a system, comprising: at least one NACA duct (inlet 60 in column 8, lines 47-67 as shown in Figure 5) configured for installation on a vehicle (each assembly 25 of row A of assemblies 25 is attached to cargo container 30 of trailer 22 in this way, and the foregoing discussion of the attachment of assembly 25′ to cargo container 30 of trailer 22 applies to each assembly 25 of row A of assemblies 25 in column 11 line 33-column 12, lines 1-3) as shown in Figure 8.
Regarding claim 10, Piotrowski US 9,333,995 B1 discloses the system of claim 9, further comprising at least one venturi generator (venturi tube 71 in column 8, lines 30-46 as shown in Figure 6) configured to couple (in column 11, lines 20-45) to the vehicle as shown in Figure 8.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pickering US 2011/0037290 A1.
Regarding claim 11, Pickering US 2011/0037290 A1 discloses a flexible fairing (fairing definition a structure added to increase streamline and reduce drag)(first side portion 11A, second side portion 11B and top sections 11C each are constructed from a flexible web material, such as fabric 22 in paragraph [0021] as shown in Figure 1A) configured to extend between (device 12 is positioned partially inside the gap “G” and extends between the tractor “T” and the trailer “TT” in paragraph [0019]) a tow vehicle (tractor T) and a vehicle being towed (trailer TT) as shown Figure 1.
Regarding claim 12, Pickering US 2011/0037290 A1 discloses the flexible fairing of claim 11, wherein the flexible fairing is configured to couple (each of the first and second spool assemblies 13A and 13B includes an upright recoiling and tensioning spool 4 rotatably mounted inside a housing 5 coupled the rearwardly facing surface "S" (see FIG. 3) of the tractor "T" (see FIG. 3) by mounting bolts 15 in paragraph [0023]; twist latches 29A and 29B are coupled to a top portion of the trailer “TT” adjacent to the first side portion of the trailer “TT” and the second side portion of the trailer “TT” in paragraph [0034] as shown in Figure 3) to at least one of the vehicles.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 2020/0353997 A1 discloses a movable deflection member (102) as shown in Figure 5.
FR 2613682 A1 discloses a device capable of moving the volume of air in front of the vehicles, of channeling it, and of rejecting it at the rear; consists of a faring (1) composed of a battery of fans (2) and of a venturi (3) as well as deflecting flaps 4 contributing to seizing this volume of air, passing it through a sheath 5 in order to return it at the rear; the device according to the invention is more particularly intended for utility vehicles and touring coaches for example.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lori Lyjak whose telephone number is (571)272-6658. The examiner can normally be reached 8:00 AM-4:30 PM (EST) Monday-Friday.
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, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lori Lyjak/Primary Examiner, Art Unit 3612