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 .
Status of Claims
This Office Action is in response to the amendments filed on 11/10/2025. Claims 1 has been amended and Claims 2 and 4 are cancelled. Claims 1, 3 and 5-12 are presently pending and examined.
Response to Arguments
Claim objections
Applicant’s amendments and accompanying arguments, see remarks, filed 11/10/2025, with respect to informality in Claim 12 has been considered. The objection has been withdrawn.
Prior Art Rejection
Applicant’s amendments and accompanying arguments, see remarks, filed 11/10/2025, with respect to the rejection(s) of claim(s) 1, 3, 5-12 under 103 have been fully considered.
Applicant has amended Claim 1 to include limitations from Claim 2 and 4.
Application has argued that Solazzo does not teach a plurality of flaps that cooperate with one another to cause concatenated force transmission and that Takanaga cannot detect an absence of a flap.
Applicant has argued that the cited prior art does not disclose the limitation of amended Claim 1. For example, the cited prior art does not disclose “ wherein the plurality of flaps comprise a first flap (30), a last flap (31) and at least one intermediate flap (32, 33, 34, 35, 36, 37, 38, 39), such that the concatenated force transmission occurs from a first transmission element (60) associated with the first flap (30) to a last transmission element (61) associated with the last flap (31) sequentially through at least one intermediate transmission element (62, 63, 64, 65, 66, 67, 68, 69) associated with the at least one intermediate flap (32, 33, 34, 35, 36, 37, 38, 39), the last transmission element (61) associated with the last flap (31) comprising a stop element which, by means of the concatenated force transmission, prevents, at the end of the evaluation process, the movement of the actuator (5) in a direction in which said actuator (5) is rotating”, as required by amended claim 1.
Solazzo discloses,
wherein the plurality of flaps comprise a first flap (30), a last flap (31) and at least one intermediate flap (32, 33, 34, 35, 36, 37, 38, 39), such that the concatenated force transmission occurs from the a first transmission element (60) associated with the first flap (30) to a last transmission element (61) associated with the last flap (31) sequentially through at least one intermediate transmission element (62, 63, 64, 65, 66, 67, 68, 69) associated with the at least one intermediate flap (32, 33, 34, 35, 36, 37, 38, 39), the last transmission element (61) associated with the last flap (31) comprising the stop element (see at least [0051] this includes three closing elements 18, which here involves air flaps 20 that can be mounted to pivot around the flap axis 20 a on the carrier structure 12, [0053] non-depicted gear box between the drive shaft of the motor and the closing element 18 (here the topmost air flap 20) coupled thereto can also be provided to produce the desired adjustment movement, [0056] connection structure 23 can include, for example, a connection web 25 on which crank elements 21 are mounted so as to rotate around respective axes 21 a that run parallel to the flap axes 20 a; said crank elements 21 are rotationally fixed to the axle trunnions 20 b of the air flaps 20, and [0066] FIG. 3 shows another embodiment which can be constructed similar to the first embodiment shown in FIGS. 1 and 2, but in contrast thereto encompasses five closing elements and the torque and current consumption of the power unit are a function of the time for an adjustment movement into the open position)
and
wherein the diagnostic system comprises a stop element which, by means of the concatenated force transmission, prevents, at the end of the evaluation process, the movement of the actuator (5) in a direction in which said actuator (5) is rotating (see at least [0062] In the closed position at least some of the closing elements 18 can rest on the end stops 12 a which are provided on the carrier structure 12 in this example.
Applicant argues that there would be no motivation to combine Solazzo and Takanaga in the manner suggested. Examiner respectfully disagrees with the applicant. Solazzo discloses an air control system having closing element arrangement with one or several closing elements, for use in air flow control in a vehicle. Takanaga teaches an abnormality detection system and method for a vehicle shutter.
Applicant specification and claims are for a shutter device for an air inlet of a vehicle. An air control system and vehicle shutter are broadly performing the “Air Inlet” function; moving air in a controlled way, by using flaps or closing elements. It is therefore reasonable to borrow and/ or combine the mechanical structure and control mechanics used to control the flow of air in a vehicle. Therefore, applicants’ argument is not persuasive.
Applicant argues that Takanaga cannot detect an absence of a flap. Examiner respectfully disagrees with the applicant.
Takanaga teaches an abnormality detection section that can detect an abnormality of the flaps (a stuck / broken / missing flap) on the basis of an operating state of the drive section ([0007] a drive section driving the flaps to be open and closed through the linkage operation section; an abnormality detection section detecting an abnormality of the flaps on the basis of an operating state of the drive section; and an abnormality notification section notifying the abnormality to a user on the basis of output from the abnormality detection section).
The abnormality detection section can detect an increase (or decrease) in the load of the drive section at the time or opening/closing of the flaps ([0011] the operation abnormality of the flap is detected by the abnormality detection section on the basis of an operating state of the drive section, and notified to a user by the abnormality notification section. Specifically, an increase in the load of the drive section at the time of opening/closing of the flaps can be detected on the basis of, for example, an excessive current supplied to the motor to thereby detect the abnormality of the flaps, and the detected abnormality can be notified to a user).
When an abnormality of the shutter device is detected on the basis of output from a current value detection section, a warning is given to the driver ([0038] when an abnormality of the shutter device 10 is detected on the basis of output from the current value detection section 32, a warning is given to a driver by an abnormality notification section 33 using an alarm sound or an alarm display. However, as a method for controlling the shutter device 10 performed by the control section 16, a control method other than the method described below can also be employed).
Takanaga teaches detection of an abnormality by measuring the load on the drive section of the shutter, including detecting the absence of a flap. Therefore, applicants’ argument is not persuasive.
The rejections are maintained.
Claim Rejections - 35 USC § 103
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 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.
Claims 1, 3, 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Domenico Solazzo et. al. US20150159541A1 (“Solazzo”) in view of Yuki Takanaga et. al. US20140335778A1 (“Takanaga”).
As per Claim 1,
Solazzo discloses,
A shutter device for an air inlet of a vehicle, said shutter device (1) comprising (see at least [0050] The air control system 10 encompasses)
a frame (2) (see at least [0050] a carrier structure 12 and an air output opening 14 whose flow cross-section can be varied by an adjustable closing element arrangement 16 positioned on the carrier structure 12.)
a plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) pivotably coupled to said frame (2) and configured to pivot between a closed position and an open position (see at least [0051] In the example shown, this includes three closing elements 18, which here involves air flaps 20 that can be mounted to pivot around the flap axis 20 a on the carrier structure 12)
an actuator (5) (see at least [0052] The adjustment movement of the closing elements 18 is powered by an actuator as a power unit 22 which is only schematically depicted here)
a transmission part (4) coupled to the plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) and configured to transmit a movement of the actuator (5) to said flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) (see at least [0053] A non-depicted gear box between the drive shaft of the motor and the closing element 18, [0055] closing elements 18 of the closing element arrangement 16 can be coupled together for a common adjustment movement via a connection structure 23, and [0056] the connection structure 23 can include, for example, a connection web 25 on which crank elements 21 are mounted so as to rotate around respective axes 21 a that run parallel to the flap axes 20 a; said crank elements 21 are rotationally fixed to the axle trunnions 20 b of the air flaps 20)
a diagnostic system which allows an absence of at least one of the plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) to be detected during an evaluation process which is performed when the plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) pivot from the closed position to the open position and/or from the open position to the closed position (see at least [0054] A diagnostic device 26 is constructed in this example to acquire current consumption as an operating parameter of the power unit 22 and via an interface 28 can be brought into a communication connection with another device, such as a control or regulating device for the power unit 22 and/or an OBD system of the vehicle, and [0016] a resistance element associated with said closing element that is constructed to generally change, usually increase, the torque required to adjust the closing element arrangement, or a force required thereto, in a predetermined phase of the adjustment movement because of the reciprocal effect between the closing element and the associated resistance clement, wherein the diagnostic device is constructed so as to acquire at least one operational parameter of the power unit as information concerning the status of the closing element arrangement)
wherein the plurality of flaps comprise a first flap (30), a last flap (31) and at least one intermediate flap (32, 33, 34, 35, 36, 37, 38, 39), such that the concatenated force transmission occurs from the a first transmission element (60) associated with the first flap (30) to a last transmission element (61) associated with the last flap (31) sequentially through at least one intermediate transmission element (62, 63, 64, 65, 66, 67, 68, 69) associated with the at least one intermediate flap (32, 33, 34, 35, 36, 37, 38, 39), the last transmission element (61) associated with the last flap (31) comprising the stop element (see at least [0051] this includes three closing elements 18, which here involves air flaps 20 that can be mounted to pivot around the flap axis 20 a on the carrier structure 12, [0053] non-depicted gear box between the drive shaft of the motor and the closing element 18 (here the topmost air flap 20) coupled thereto can also be provided to produce the desired adjustment movement, [0056] connection structure 23 can include, for example, a connection web 25 on which crank elements 21 are mounted so as to rotate around respective axes 21 a that run parallel to the flap axes 20 a; said crank elements 21 are rotationally fixed to the axle trunnions 20 b of the air flaps 20, and [0066] FIG. 3 shows another embodiment which can be constructed similar to the first embodiment shown in FIGS. 1 and 2, but in contrast thereto encompasses five closing elements and the torque and current consumption of the power unit are a function of the time for an adjustment movement into the open position).
which by means of the concatenated force transmission, prevents, at the end of the evaluation process, the movement of the actuator (5) in a direction in which said actuator (5) is rotating (see at least [0062] In the closed position at least some of the closing elements 18 can rest on the end stops 12 a which are provided on the carrier structure 12 in this example.
Solazzo does not explicitly disclose,
wherein the diagnostic system comprises transmission elements (60, 61, 62, 63, 64, 65, 66, 67, 68, 69) associated with the plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) which cooperate with one another, causing a concatenated force transmission, such that said diagnostic system detects the absence of at least one flap of the plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) when the concatenated force transmission is interrupted or altered by the absence of the transmission elements (60, 61, 62, 63, 64, 65, 66, 67, 68, 69) associated with said plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39)
Takanaga teaches,
wherein the diagnostic system comprises transmission elements (60, 61, 62, 63, 64, 65, 66, 67, 68, 69) associated with the plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) which cooperate with one another, causing a concatenated force transmission, such that said diagnostic system detects the absence of at least one flap of the plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) when the concatenated force transmission is interrupted or altered by the absence of the transmission elements (60, 61, 62, 63, 64, 65, 66, 67, 68, 69) associated with said plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) ( see at least [0007] linkage operation section linking the flaps with each other to perform an opening/closing operation of the flaps, [0008] even when a shaft member, a link, or the like is broken in the power transmission path to the flaps and power transmission to some of the flaps is thereby cut off, flaps that are adjacent to the flaps to which power transmission is cut off (hereinbelow, also referred to as “power-cut flap(s)”) are restricted from turning by the turn restriction units of the power-cut flap, and [0030] When the second flap 13 from the bottom is operated to turn by the drive section 15, and the operation pin 13 e thereof turns upward around the shaft 13 a of this flap 13 as illustrated in FIG. 9( a), the operation member 18 moves upward. Accordingly, the operation pins 13 e of the other flaps 13 move upward, and the other flaps 13 are also linked and operated to the closed attitude, [0030] However, a flap 13 to be operated to turn by the drive section 15 can be set to any flap 13. Further, as the linkage operation section 14, one having a configuration other than the configuration described above can also be employed).
Thus, Solazzo discloses an Air Control unit with diagnostics and Takanaga teaches anomaly detection by identifying the turn failure of the flaps.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Solazzo with abnormality detection and notification method taught by Takanaga, with a reasonable expectation of success, to provide a vehicle shutter that is capable of detecting a flap to which power transmission is cut off by providing a turn restriction unit having a simple structure in each flap (0006).
As per Claim 3,
Solazzo discloses,
wherein the stop element prevents, at the end of the evaluation process, the movement of the actuator (5) in the direction in which said actuator (5) is rotating by pressing on a stop (20) of the frame (2) (see at least [0062] In the closed position at least some of the closing elements 18 can rest on the end stops 12 a which are provided on the carrier structure 12 in this example, [0071] At the end of the adjustment movement, approximately when the closing elements each move to the end stops (such as the end stops 12 a of the embodiment from FIG. 2), the torque again increases in area A2, and [0072] The recognition of the last maximum P5 can be used to control downward the rotational speed of the power unit and as a result facilitate a soft approach to the end stops, in order to conserve the stops and power).
As per Claim 5,
Solazzo discloses,
wherein the first transmission element (60) associated with the first flap (30) is integral with said first flap (30), and the transmission elements (61, 62, 63, 64, 65, 66, 67, 68, 69) associated with a rest of the plurality of flaps (31, 32, 33, 34, 35, 36, 37, 38, 39) are pivotably coupled to the respective flap (31, 32, 33, 34, 35, 36, 37, 38, 39) ( see at least [0030] When the second flap 13 from the bottom is operated to turn by the drive section 15, and the operation pin 13 e thereof turns upward around the shaft 13 a of this flap 13 as illustrated in FIG. 9( a), the operation member 18 moves upward. Accordingly, the operation pins 13 e of the other flaps 13 move upward, and the other flaps 13 are also linked and operated to the closed attitude. On the other hand, when the operation pin 13 e of the second flap 13 from the bottom turns downward around the shaft 13 a thereof as illustrated in FIG. 9(b), the operation member 18 moves downward. Accordingly, the operation pins 13 e of the other flaps 13 move downward, and the other flaps 13 are also linked and operated to the open attitude. However, a flap 13 to be operated to turn by the drive section 15 can be set to any flap 13. Further, as the linkage operation section 14, one having a configuration other than the configuration described above can also be employed, and [0051] this includes three closing elements 18, which here involves air flaps 20 that can be mounted to pivot around the flap axis 20 a on the carrier structure 12.)
As per Claim 6,
Solazzo discloses,
wherein the first transmission element (60) associated with the first flap (30) comprises an arm with an actuating surface (601), and the rest of the transmission elements (61, 62, 63, 64, 65, 66, 67, 68, 69) associated with the rest of the plurality of flaps (31, 32, 33, 34, 35, 36, 37, 38, 39) comprise an arm with a corresponding actuated surface (610, 620, 630, 640, 650, 660, 670, 680, 690) and a corresponding actuating surface (611, 621, 631, 641, 651, 661, 671, 681, 691), the actuating surfaces (601, 611, 621, 631, 641, 651, 661, 671, 681, 691) of the transmission elements (60, 61, 62, 63, 64, 65, 66, 67, 68, 69) acting on the actuated surfaces (610, 620, 630, 640, 650, 660, 670, 680, 690) of the following transmission element (61, 62, 63, 64, 65, 66, 67, 68, 69), and the actuating surface (611) of the last flap (31) being the stop element (see at least [0051] this includes three closing elements 18, which here involves air flaps 20 that can be mounted to pivot around the flap axis 20 a on the carrier structure 12, [0055] closing elements 18 of the closing element arrangement 16 can be coupled together for a common adjustment movement via a connection structure 23, and [0056] he connection structure 23 can include, for example, a connection web 25 on which crank elements 21 are mounted so as to rotate around respective axes 21 a that run parallel to the flap axes 20 a; said crank elements 21 are rotationally fixed to the axle trunnions 20 b of the air flaps 20.}
As per Claim 7,
Solazzo discloses,
wherein when a flap of the plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) is uncoupled from the transmission part (4), said flap (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) pivots due to an effect of gravity to an angular position in which one end (301, 311, 321, 331, 341, 351, 361, 371, 381, 391) of a shaft of the flap (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) is housed in a slot (220), such that the flap (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) is uncoupled from the frame (2), the diagnostic system detecting the absence of said flap (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) (see at least [0019] If the change of the torque or force expected in a certain phase does not occur, then it can be concluded that either the associated closing element did not execute the adjustment movement, or the corresponding resistance element is defective (such as broken off). In this case an error signal can be produced, such as a warning light on the dashboard of the vehicle coming on, in order to prompt a check of the air control system by the driver or a workshop).
As per Claim 8,
Solazzo discloses,
wherein the evaluation process is performed when the plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) pivot from the closed position to the open position (see at least [0009] a subordinate processor functions as a diagnostic device and provides feedback to the master controller about the current status of the air flaps, such as whether they have opened or closed , and [0041] it is possible that the diagnostic device releases a signal to the interface upon a query or at regular time intervals or at certain events (such as turning on the spark ignition in a speed range, for example, of 0-40 km/hr), said signal furnishes information about whether the closing elements are functioning and, if applicable, which of the closing elements are not functioning).
As per Claim 9,
Solazzo does not disclose,
wherein the shutter device (1) is arranged between a front grille and an engine of a vehicle, or arranged in a front part of the vehicle.
Takanaga teaches,
wherein the shutter device (1) is arranged between a front grille and an engine of a vehicle, or arranged in a front part of the vehicle (see at least [0025] the structure of the front part of a motor vehicle will be described. As illustrated in FIG. 1, the front surface of the motor vehicle is covered by a front bumper face 1. Openings 2 and 3 each of which extends in the vehicle width direction are respectively formed on the upper part and the lower part of the front bumper face 1. While the motor vehicle is travelling, travelling wind is introduced into an engine compartment 6 through the openings 2 and 3. A bumper reinforcement 4 which extends in the vehicle width direction and has a closed sectional shape is provided behind the front bumper face 1. An impact absorber 5 is provided on the front side of the bumper reinforcement 4 throughout the entire length thereof. Accordingly, impact at the time of a head-on collision is absorbed by the impact absorber 5 and the bumper reinforcement 4. Behind the bumper reinforcement 4, a radiator 7 is arranged inside an engine compartment 6. A shutter deice 10 which can open and close an outside air introduction path 8 extending from the lower opening 3 to the radiator 7 is provided below the bumper reinforcement 4).
Thus, Solazzo discloses a shutter device with diagnostics and Takanaga teaches the shutter placed in between the front grill and engine of a vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Solazzo with location of the shutter as taught by Takanaga with a reasonable expectation of success, to provide a vehicle shutter that is capable of detecting a flap to which power transmission is cut off (0006).
As per Claim 10,
Solazzo does not disclose,
A vehicle comprising the shutter device (1) according to claim 1.
Takanaga teaches,
A vehicle comprising the shutter device (1) according to claim 1 (see at least [0012] FIG. 1 is a longitudinal sectional view of the front part of a vehicle near a shutter device, and [0025] While the motor vehicle is travelling, travelling wind is introduced into an engine compartment 6 through the openings 2 and 3.)
Thus, Solazzo discloses a shutter device with diagnostics and Takanaga teaches ta vehicle comprising the shutter device.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Solazzo with shutter in a vehicle as taught by Takanaga with a reasonable expectation of success, to provide a vehicle shutter that is capable of detecting a flap to which power transmission is cut off (0006).
As per Claim 11,
Solazzo discloses,
A detection method for detecting the absence of at least one flap of the plurality of flaps (30, 31, 32, 33, 34, 35, 36, 37, 38, 39) of the shutter device (1) according to claim 1, comprising indirectly monitoring the concatenated force transmission by means of a current and/or a torque of the actuator (5) during the evaluation process ( see at least [0019] If the change of the torque or force expected in a certain phase does not occur, then it can be concluded that either the associated closing element did not execute the adjustment movement, or the corresponding resistance element is defective (such as broken off), and [0066] FIG. 3 shows another embodiment which can be constructed similar to the first embodiment shown in FIGS. 1 and 2, but in contrast thereto encompasses five closing elements and the torque and current consumption of the power unit are a function of the time for an adjustment movement into the open position)
As per Claim 12,
Solazzo discloses,
detection method according to claim 11 comprising activiating an alarm signal when the current and/or torque peak is not observed when said actuator (5) performs a pre-established rotation or a pre-established time interval lapses (see at least [0019] If the change of the torque or force expected in a certain phase does not occur, then it can be concluded that either the associated closing element did not execute the adjustment movement, or the corresponding resistance element is defective (such as broken off). In this case an error signal can be produced, such as a warning light on the dashboard of the vehicle coming on, in order to prompt a check of the air control system by the driver or a workshop).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHUTOSH PANDE whose telephone number is (571)272-6269. The examiner can normally be reached Monday -Friday 9:00am -5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at 5712721516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.P./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668