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 the Claims
Claims 1-17 are pending herein.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/26/2023 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Species A (Fig.1-12) in the reply filed on 511/2026 is acknowledged. The traversal is on the ground(s) that the Examiner has not shown that maintaining the species in the application would be a burden or how searching would be burdensome.
This is not found persuasive because Applicant has not provided evidence or identified such evidence now of record showing the species to be obvious variants nor clearly admitted on the record that this is the case, the conclusion is made that Applicant considers the species to be patentably distinct. Thus, in addition to reading and understanding all of the various features of the species presented it would, indeed, be a serious burden upon the examiner to search for the added features and apply any found additional relevant prior art to each of the species presented. Furthermore, the examiner disagrees with Applicant's allegation that the search for each species would be substantially the same. Clearly, in the examiner's view, the species carry substantially more features that could be claimed, and which therefore would require being individually searched and individually addressed in the written Office Action, thus prima facie a serious burden.
Consequently, Applicant s arguments in traverse notwithstanding, the examiner maintains the restriction requirement to be proper and hereby makes the restriction final.
The requirement is still deemed proper and is therefore made FINAL
Claim 12, 13, 16, 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected embodiment, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/11/2026.
Drawings
The drawings are objected to because Figure 2 provides two unlabeled parts: part below rotation shaft 310 and part above guide link 210. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “straight section” (Claim 1) and “groove” (Claim 2) and “an external side…an internal side” (Claim 3) “outermost portion” (Claim 4) and must be shown and labeled or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Objections
Claim 1 is objected to because of the following informalities: the limitation “coupled a guide link” (line 5) should most likely be rewritten as: “coupled to a guide link”. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: the degree limitations should be rewritten as “45 degrees” and “90 degrees”.` Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11, 14, and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 1, the claim recites the open-ended clauses: “extending to include" (line 2), “provided to be movable along" (line 4) “extends to be included" (line 10) which render the claims indefinite. It has been held that the open-ended recitations stating that an element is capable to perform a function are not the positive limitations but only require the ability to so perform. They do not constitute a limitation in any patentable sense. See In re Hutchinson, 69 USPQ 138. Applicant is required to use definitive and positive statements while reciting the structure and functions of the claimed apparatus. Appropriate correction is required.
Claims 1-11, 14, and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 1, the claim recites the limitation: “rotating in response that the guide link moves linearly" (line 5-6), which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claims 1-11, 14, and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 1, the claim recites the limitation: “based on a connection point of the guide link" (line 11-12), which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 4, the claim recites the limitation: "open to outside thereof" (line 2), which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 6, the claim recites the limitation: "is set to" (line 1), which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 10, the claim recites the limitation: "spaced from a first guide outward" (line 3-4), which is unclear and therefore renders the claims indefinite. 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) 1-11, 14, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walters (US 8,550,887 B2).
[Claim 1] Regarding Claim 1, Walters discloses: A variable-type grille apparatus (See, e.g., Fig.1-12, 10) comprising:
a housing (See, e.g., Fig.1-12, 20+30+40+42) with a guide hole (See, e.g., Fig.1-12, 80+82) extending to include a straight section (See, e.g., Fig.1-12) and mounted to a drive motor (See, e.g., Fig.1-12, 62);
an opening and closing portion (See, e.g., Fig.1-12, 52) provided to be movable along the guide hole in the housing (See, e.g., Fig.1-12), coupled a guide link (See, e.g., Fig.1-12, 50+66+68), and rotating in response that the guide link moves linearly (See, e.g., Fig.1-12); and
a rotation portion (See, e.g., Fig.1-12, 60) including a rotation shaft (See, e.g., Fig.1-12, 64) connected to the drive motor (See, e.g., Fig.1-12) and a rotation plate (See, e.g., Fig.1-12, 60) coupled to the rotation shaft (See, e.g., Fig.1-12);
a guide portion (See, e.g., Fig.1-12, 60+64+68) formed in the rotation plate (See, e.g., Fig.1-12) and connected to the guide link (See, e.g., Fig.1-12), wherein the guide portion extends to be included in an operable range based on a connection point of the guide link (See, e.g., Fig.1-12).
[Claim 2] Regarding Claim 2, Walters discloses: wherein the guide portion includes a groove in the rotation plate (See, e.g., Fig.1-12) and the guide link includes a protrusion inserted into the guide portion to move along the guide portion (See, e.g., Fig.1-12).
[Claim 3] Regarding Claim 3, Walters discloses: wherein the guide portion extends from an external side to an internal side of the rotation plate (See, e.g., Fig.1-12).
[Claim 4] Regarding Claim 4, Walters discloses: wherein an outermost portion of the guide portion in the rotation plate is open to outside thereof (See, e.g., Fig.1-12).
[Claim 5] Regarding Claim 5, Walters discloses: wherein the operable range is a range within a predetermined angle on first and second sides of a second reference line orthogonal to a first reference line which represents a direction of a linear movement of the guide link (See, e.g., Fig.1-12).
[Claim 6] Regarding Claim 6, Walters discloses: wherein the predetermined angle is set to 45° with respect to the second reference line so that the operable range is set by 90° (See, e.g., Fig.1-12).
[Claim 7] Regarding Claim 7, Walters discloses: wherein the opening and closing portion includes a moving shaft portion to which a panel portion is coupled (See, e.g., Fig.1-12, 56+52), and wherein the moving shaft portion includes: a first connecting portion to which the guide link is rotatably connected (See, e.g., Fig.1-12); and a second connecting portion inserted into the guide hole (See, e.g., Fig.1-12).
[Claim 8] Regarding Claim 8, Walters discloses: wherein the second connecting portion is formed at first and second end portions of the moving shaft portion (See, e.g., Fig.1-12) to bend backward from the moving shaft portion so that a connecting position between the first connecting portion and the guide link and an insertion position of the second connecting portion into the guide hole are apart from each other in a front-to-rear direction thereof (See, e.g., Fig.1-12).
[Claim 9] Regarding Claim 9, Walters discloses: wherein the second connecting portion includes a moving portion which is linearly aligned with a connecting portion between the first connecting portion and the guide link and a tilting guide portion that bends backward from the moving portion to be inserted into the guide hole (See, e.g., Fig.1-12, 54+56).
[Claim 10] Regarding Claim 10, Walters discloses: wherein a plurality of guide holes are formed in an upper portion and a lower portion of the housing respectively (See, e.g., Fig.1-12), and a first portion and a second portion spaced from a first guide outward are provided in the upper and lower portions, and wherein the guide holes include a first guide hole that extends in a front-to-rear direction in the first portion and into which the moving portion is inserted and a second guide hole that forms a moving path in the second portion and into which the tilting guide portion is inserted (See, e.g., Fig.1-12, 80+82).
[Claim 11] Regarding Claim 11, Walters discloses: wherein the guide hole extends straight from a front toward a rear of the housing and then bends diagonally (See, e.g., Fig.1-12).
[Claim 14] Regarding Claim 14, Walters discloses: wherein the housing includes a plurality of guide holes arranged in a row (See, e.g., Fig.1-12), wherein a plurality of opening and closing portions are respectively connected to the guide holes (See, e.g., Fig.1-12), and wherein the rotation portion includes a plurality of rotation plates respectively connected to a plurality of guide links of the opening and closing portions (See, e.g., Fig.1-12).
[Claim 15] Regarding Claim 15, Walters discloses: wherein a single rotation shaft is coupled to the plurality of rotation plates by passing through the plurality of plates (See, e.g., Fig.1-12), so that the plurality of rotation plates simultaneously rotate in response that the drive motor operates (See, e.g., Fig.1-12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and can be found on the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M DOLAK whose telephone number is (571)270-7757. The examiner can normally be reached on 9-530 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, J ALLEN SHRIVER can be reached on 303-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMES M DOLAK/Primary Examiner, Art Unit 3613
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