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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “124” has been used to designate both “front wheels” and “rear wheels”. 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. 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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3, 12, and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claims 3, 12, and 19, it is not clear how a material can be “non-deformable." It would appear that all materials are deformable at least to a certain extend. Additionally, the specification [0015] does not give any examples of what type of material the non-deformable material may be. Thus, the metes and bounds of claims 3, 12, and 19 cannot be ascertained as read in light of the specification.
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 3, 12, and 19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 3, 12, and 19, Applicant recites “the frame is made of a non-deformable material.” This is indefinite because all materials are deformable at least to a certain extent.
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.
Claims 1, 2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reynolds US 20060214439.
Regarding claim 1, Reynolds teaches an underbody structure for a vehicle for guiding air underneath the vehicle, comprising: a frame (40, Fig. 6) having an arcuate structure with a first surface defining a cavity; and a panel (38, Fig. 6) arranged inside the cavity and adapted to compress under a compression loading and flex back in response to a removal of the compression loading, wherein the panel is arranged between the frame and an underside of the vehicle in an assembly of the underbody structure to the vehicle. (Note: the environment in which the panels arranged is considered to be a statement of intended use and does not further limit the underbody structure)
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Regarding claim 2, Reynolds teaches the frame includes a bent structure extending vertically from the arcuate structure and includes a curved shape covering, at least partially, the panel and adapted to extend between the arcuate structure and the underside of the vehicle (Para. [0041]).
Regarding claim 4, Reynolds teaches the panel is made of a deformable material (Para. [0043]).
Claims 1, 2, 4, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP H01169463.
Regarding claim 1, JP H01169463 teaches an underbody structure for a vehicle for guiding air underneath the vehicle, comprising: a frame (1, Fig. 2) having an arcuate structure with a first surface defining a cavity; and a panel (3, Fig. 2) arranged inside the cavity and adapted to compress under a compression loading and flex back in response to a removal of the compression loading (Fig. 2), wherein the panel is arranged between the frame and an underside of the vehicle in an assembly of the underbody structure to the vehicle. (Note: the environment in which the panels arranged is considered to be a statement of intended use and does not further limit the underbody structure)
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Regarding claim 2, JP H01169463 teaches the frame includes a bent structure extending vertically from the arcuate structure and includes a curved shape covering, at least partially, the panel and adapted to extend between the arcuate structure and the underside of the vehicle. (shown in Fig. 2 above)
Regarding claim 4, JP H01169463 teaches the panel is made of a deformable material (pg. 2).
Regarding claim 5, JP H01169463 teaches the deformable material includes rubber (pg. 1).
Allowable Subject Matter
Claims 6-11, 13-18, and 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 6-11 and 13-14 have been indicated allowable primarily for the frame extending in a longitudinal direction and having a first end pivotally attached to the vehicle body and configured to pivot between an extended position and a retracted position and a panel attached to the frame and arranged between the frame and the underside of the vehicle, wherein the panel is adapted to compress under a compression loading and flex back in response to a removal of the compression loading to move the frame to the extended position.
Claims 15-18 and 20 have been indicated allowable primarily for the frame having a first end pivotally attached to the vehicle body and a second end arranged separated from the vehicle body, the frame includes an arcuate structure extending from the first end towards the second end of the frame with a first surface defining a cavity, and a bent structure extending from the arcuate structure to the second end of the frame, wherein the bent structure extends in a vertical direction covering an opening of the cavity defined at an interface of the arcuate structure and the bent structure, and a panel attached to the arcuate structure and arranged inside the cavity, contacting the underside of the vehicle body, wherein the panel is adapted to compress under a compression loading and flex back in response to a removal of the compression loading.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alma D Schuster whose telephone number is (571)272-8938. The examiner can normally be reached Mon-Thurs 8:30am-6:30pm and Fri 7am-11am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy R 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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/Alma D. Schuster/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612