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
The Amendment filed 12/15/2025 has been entered. Claims 1, 3-11, 13-16 and 18-20 remain pending in the application. Claims 1, 3-11, 13-16 and 18-20 have been rejected as follows.
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.
Claims 1, 3-11, 13-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moradnia et al (US 2022/0315135).
Regarding claim 1, Moradnia et al discloses a deployable aerodynamic element (202, Fig. 2-3) for a vehicle (100, [0031], lines 1-5), comprising a deformable frame (214, 210, 218; Fig. 3; [0028] & [0039]) forming at least a portion of a periphery of the aerodynamic element (Fig. 3); and sheeting (206) configured to extend between the frame (214, 210, 218, Fig. 2) and a body of the vehicle (204, Fig. 2; [0032], lines 7-9); wherein the aerodynamic element is deployable between a stowed position (203, top Fig. 2 & left Fig. 3; [0032]) in which the frame (214, 210, 218, Fig. 3) of the aerodynamic element has a first shape (224/205, Fig. 3) and a deployed position (207, bottom Fig. 2 & right Fig. 3; [0034]) in which the frame (214, 210, 218; Fig. 3) of the aerodynamic element has a second shape (228/209, [0034], lines 11-13) that is different than the first shape, thereby changing a peripheral shape (205, 209; Fig. 3) of the aerodynamic element; wherein the aerodynamic element has a left portion having a first trailing edge (lower half of 218, Fig. 3, see annotated figure below), a right portion having a second trailing edge (lower half of 214, Fig. 3, see annotated figure below), and a center portion having a third trailing edge (top half of 218+210+ top half of 214, Fig. 3, see annotated figure below) defined by the deformable frame (214, 210, 218; Fig. 3); wherein the first trailing edge has a substantially straight configuration (lower half of 218, Fig. 3) in the deployed position; wherein the second trailing edge has a substantially straight configuration (lower half of 214, Fig. 3) in the deployed position; and wherein the third trailing edge (top half of 218+210+ top half of 214, Fig. 3) has a different curvature in the deployed position (2nd position 209, Fig. 3; figure on the right side) than in the stowed position (1st position 205, Fig. 3; figure on the left side). Frame (214, 210, 218; Fig. 3), though rigid, is deformable given a sufficient magnitude of force, especially by the nature of its geometry being a bar member that is elongated. Further, the interpretation of “deformable” as defined by applicant’s specification (paragraph [0038]) is taken to mean having a different length in the deployed position than in the stowed position and/or having a different curvature in the deployed position than in the stowed position, which is shown in Figure 3 (position 205 & position 209). Applicant’s specification describes deformable in terms of a configuration and is silent as to any deformable material property, thus Moradnia et al discloses that the frame is deformable to have a different curvature in the deployed position (2nd position 209, Fig. 3; figure on the right side) than in the stowed position (1st position 205, Fig. 3; figure on the left side).
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Regarding claim 3, Moradnia et al further discloses wherein at least one structural member (218 or 214, Fig. 3) of the frame is deformable to have a different length in the deployed position (218/214, Fig. 3 figure on the right) than in the stowed position (218, Fig. 3 figure on the left).
Regarding claim 4, Moradnia et al further discloses wherein the aerodynamic element is configured for use as a roof spoiler (102, Fig. 1; [0024], lines 1-8) as one of the vehicle components.
Regarding claim 5, Moradnia et al further discloses wherein the sheeting material is at least partially transparent [0042 & claim 5].
Regarding claim 6, Moradnia et al discloses an adaptive vehicle aerodynamics system, comprising a deployable aerodynamic element (202, Fig. 2-3), including a deformable frame (214, 210, 218; Fig. 3; [0028] & [0039]) forming at least a portion of a periphery of the aerodynamic element (Fig. 3); and sheeting (206) configured to extend between the frame (214, 210, 218, Fig. 2) and a body of the vehicle (204, Fig. 2; [0032], lines 7-9); wherein the frame is movable with respect to the body of the vehicle (212, Fig. 2-3) such that the aerodynamic element is deployable between a stowed position (203, top Fig. 2 & left Fig. 3; [0032]) in which the frame of the aerodynamic element has a first shape (224/205, Fig. 3) and a deployed position (207, bottom Fig. 2 & right Fig. 3; [0034]) in which the frame of the aerodynamic element has a second shape (228/209, [0034], lines 11-13) that is different than the first shape, thereby changing a peripheral shape (205, 209; Fig. 3) of the aerodynamic element; and a controller [0037] including a device processor and a non-transitory computer readable medium including instructions executable by the processor to control operation of the deployable aerodynamic element ([0037], lines 3-19); wherein the aerodynamic element has a left portion having a first trailing edge (lower half of 218, Fig. 3, see annotated figure above), a right portion having a second trailing edge (lower half of 214, Fig. 3, see annotated figure above), and a center portion having a third trailing edge (top half of 218+210+ top half of 214, Fig. 3, see annotated figure above) defined by the deformable frame (214, 210, 218; Fig. 3); wherein the first trailing edge has a substantially straight configuration (lower half of 218, Fig. 3) in the deployed position; wherein the second trailing edge has a substantially straight configuration (lower half of 214, Fig. 3) in the deployed position; and wherein the third trailing edge (top half of 218+210+ top half of 214, Fig. 3) has a different curvature in the deployed position (2nd position 209, Fig. 3; figure on the right side) than in the stowed position (1st position 205, Fig. 3; figure on the left side). Frame (214, 210, 218; Fig. 3), though rigid, is deformable given a sufficient magnitude of force, especially by the nature of its geometry being a bar member that is elongated. Further, the interpretation of “deformable” as defined by applicant’s specification (paragraph [0038]) is taken to mean having a different length in the deployed position than in the stowed position and/or having a different curvature in the deployed position than in the stowed position, which is shown in Figure 3 (position 205 & position 209). Applicant’s specification describes deformable in terms of a configuration and is silent as to any deformable material property, thus Moradnia et al discloses that the frame is deformable to have a different curvature in the deployed position (2nd position 209, Fig. 3; figure on the right side) than in the stowed position (1st position 205, Fig. 3; figure on the left side).
Regarding claim 7, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 6 above, and further discloses wherein the computer readable medium includes instructions for automated control ([0037], lines 3-19) of the deployable aerodynamic element.
Regarding claim 8, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 7 above, and further discloses wherein the computer readable medium includes instructions for maintaining the aerodynamic element in the stowed position as a default position ([0037], lines 7-19, the spoiler can deploy from a default stowed position upon correct inputs).
Regarding claim 9, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 7 above, and further discloses wherein the computer readable medium includes instructions for maintaining the aerodynamic element in the deployed position as a default position ([0037], lines 7-19, the spoiler can stow from a default deployed position upon correct inputs).
Regarding claim 10, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 7 above, and further discloses wherein the computer readable medium includes instructions for receiving input from an operator and overriding automated control of deployment of the aerodynamic element based on the input from the operator ([0037], line 11, the controller is operable by manual user input to override the automatic control).
Regarding claim 11, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 6 above, and further discloses wherein the aerodynamic element is configured for use as a roof spoiler (102, Fig. 1; [0024], lines 1-8) as one of the vehicle components.
Regarding claim 13, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 6 above, and further discloses wherein at least one structural member (218 or 214, Fig. 3) of the frame is deformable to have a different length in the deployed position (218/214, Fig. 3 figure on the right) than in the stowed position (218/214, Fig. 3 figure on the left).
Regarding claim 14, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 6 above, and further discloses wherein the sheeting material is at least partially transparent [0042 & claim 5].
Regarding claim 15, Moradnia et al discloses a vehicle having an adaptive aerodynamic element (202, Fig. 2-3), comprising a vehicle body (100, Fig. 1); and a deployable aerodynamic element mounted on the vehicle ([0031], lines 1-5), the deployable aerodynamic element including a deformable frame (214, 210, 218; Fig. 3; [0028] & [0039]) forming at least a portion of a periphery of the aerodynamic element (205, 209; Fig. 3); and sheeting (206) configured to extend between the frame (214, 210, 218, Fig. 2) and the vehicle body (204, Fig. 2; [0032], lines 7-9); wherein the frame is movable with respect to the vehicle body (212, Fig. 2-3) such that the aerodynamic element is deployable between a stowed position (203, top Fig. 2 & left Fig. 3; [0032]) in which the frame of the aerodynamic element has a first shape (224/205, Fig. 3) and a deployed position (207, bottom Fig. 2 & right Fig. 3; [0034]) in which the frame of the aerodynamic element has a second shape (228/209, [0034], lines 11-13) that is different than the first shape, thereby changing a peripheral shape (205, 209; Fig. 3) of the aerodynamic element; wherein the aerodynamic element (202, Fig. 3) has a left portion having a first trailing edge (lower half of 218, Fig. 3, see annotated figure above), a right portion having a second trailing edge (lower half of 214, Fig. 3, see annotated figure above), and a center portion having a third trailing edge (top half of 218+210+ top half of 214, Fig. 3, see annotated figure above) defined by the deformable frame (214, 210, 218; Fig. 3); wherein the first trailing edge has a substantially straight configuration (lower half of 218, Fig. 3) in the deployed position; wherein the second trailing edge has a substantially straight configuration (lower half of 214, Fig. 3) in the deployed position; and wherein the third trailing edge (top half of 218+210+ top half of 214, Fig. 3) has a different curvature in the deployed position (2nd position 209, Fig. 3; figure on the right side) than in the stowed position (1st position 205, Fig. 3; figure on the left side). Frame (214, 210, 218; Fig. 3), though rigid, is deformable given a sufficient magnitude of force, especially by the nature of its geometry being a bar member that is elongated. Further, the interpretation of “deformable” as defined by applicant’s specification (paragraph [0038]) is taken to mean having a different length in the deployed position than in the stowed position and/or having a different curvature in the deployed position than in the stowed position, which is shown in Figure 3 (position 205 & position 209). Applicant’s specification describes deformable in terms of a configuration and is silent as to any deformable material property, thus Moradnia et al discloses that the frame is deformable to have a different curvature in the deployed position (2nd position 209, Fig. 3; figure on the right side) than in the stowed position (1st position 205, Fig. 3; figure on the left side).
Regarding claim 16, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 15 above, and further discloses wherein the aerodynamic element is configured as a roof spoiler (102, Fig. 1; [0024], lines 1-8) as one of the components of the vehicle.
Regarding claim 18, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 15 above, and further discloses wherein at least one structural member (218 or 214, Fig. 3) of the frame is deformable to have a different length in the deployed position (218/214, Fig. 3 figure on the right) than in the stowed position (218/214, Fig. 3 figure on the left).
Regarding claim 19, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 16 above, and further discloses wherein the frame (210, Fig. 2) is pivotally attached to the vehicle body (at pivot point 212, Fig. 2).
Regarding claim 20, Moradnia et al discloses all of the claimed limitations of the invention as claimed in claim 16 above, and further discloses wherein the sheeting is at least partially transparent [0042 & claim 5]; and wherein an exterior lighting element (164, Fig. 4; [0040]) of the vehicle is visible through the sheeting ([0041], lines 7-9).
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive. On page 10 of Applicant’s response, claims 1, 6 and 15 are amended and applicant argues that in Moradnia the trailing edge (210) of the center portion of the aerodynamic element maintains the same curvature in the deployed position as it does in the stowed position, as evidenced by the trailing edge having the same curvature as the dashed line in the right portion of Fig. 3 indicating where the trailing edge is located in the stowed position. With respect to these arguments, taking a broadest reasonable interpretation, the trailing edge of the center portion can be defined by the “top half of 218+210+top half of 214, Fig. 3” as shown in the annotated figure above. Moradnia et al discloses that the frame is deformable to have a different curvature in the deployed position (2nd position 209, Fig. 3; figure on the right side) than in the stowed position (1st position 205, Fig. 3; figure on the left side) which is consistent with applicant’s disclosure of deformable. The interpretation of “deformable” as defined by applicant’s specification (paragraph [0038]) is taken to mean having a different length in the deployed position than in the stowed position and/or having a different curvature in the deployed position than in the stowed position, which is shown in Figure 3 (stowed position 205 & deployed position 209). Applicant’s specification describes deformable in terms of a configuration only and is silent as to any deformable material properties. It is further noted that the similarities of Figure 3 of Moradnia et al and applicant’s Figures 5 & 6 suggest that the device of Moradnia et al would deform in much the same manner when in the deployed position.
Applicant further argues that element 210 is referred to as "rigid bar 210" indicating that element 210 is not deformable. With respect to this argument, Moradnia et al’s frame (214, 210, 218; Fig. 3), though rigid, is deformable given a sufficient magnitude of force, especially by the nature of its geometry being a bar member that is elongated. Further, since applicant’s specification describes deformable in terms of a configuration and is silent as to any deformable material property the interpretation of “deformable”, as defined by applicant’s specification [0038], is taken to mean having a different length in the deployed position than in the stowed position and/or having a different curvature in the deployed position than in the stowed position, which is shown in Figure 3 of Moradnia et al (stowed position 205 & deployed position 209).
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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/DLE/
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612