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 .
DETAILED ACTION
Claim Objections
Claim 14 is objected to because of the following informalities:
As concerns Claim 14, line 1 recites “the pneumatic system” when it should be “a pneumatic system”.
Appropriate correction is required.
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, 2, 4-5, 10 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Cook et al (US 3,834,752).
As concerns claim 1, Cook et al (US 3,834,752) discloses a deflector structure for a truck unit having a cab, the deflector structure being configured to form a barrier surrounding at least part of a gap between the cab and a trailer to be towed by the truck unit, the deflector structure comprising:
a flexible frame (Cook – 34) fixed to the cab (Cook – 20/118), the flexible frame comprising a plurality of bouncy cushions (Cook – various expandable segments along bag 26, formed between 34 and 36) extending rearwardly towards the trailer at least in an inflated configuration (Cook – Figures 1 and 5); and
at least a flexible canvas (Cook – 36) held by the flexible frame and/or by the cab and guided by the bouncy cushions to form the barrier.
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As concerns claim 2, Cook discloses the deflector structure of claim 1, wherein the inflated configuration of at least one of the bouncy cushions (Cook – spaces formed between 34 and 36) of the flexible frame (Cook – 34) is adjustable. (Cook – Figures 1 and 5 show adjustability)
As concerns claim 4, Cook discloses the deflector structure of claim 1, wherein the bouncy cushions are configured to have at least one partially inflated configuration and/or one not-inflated configuration and one fully inflated configuration, the inflated configuration being a partially inflated configuration or a fully inflated configuration. (Cook – Figures 1 and 5 illustrate such partially and fully inflated configurations.)
As concerns claim 5, Cook discloses the deflector structure of claim 1, wherein at least one bouncy cushion (Cook – s3paces formed between 34 and 36) has a substantially elongated external shape, at least in the inflated configuration. (Cook – Figures 1 and 5 illustrate such an elongate shape running up and down along the length of the deflector bag.)
As concerns claim 10, Cook discloses the deflector structure of claim 1, wherein the flexible frame comprises a plurality of single bouncy cushions (Cook – spaces formed between 34 and 36 located on the sides and top, forming three distinct sections) guiding the flexible canvas (Cook – 36) and being distant from one another.
As concerns claim 13, Cook discloses a truck unit (Cook - Figures 1 and 5) comprising the deflector structure of claim 1, wherein the truck unit is configured to hold the deflector structure and to inflate the bouncy cushions from a not-inflated or partly inflated configuration to a partly inflated configuration or full inflated configuration.
As concerns claim 14, Cook discloses the truck unit of claim 13, wherein the pneumatic system of the truck unit is configured to inflate the bouncy cushions. (Cook – compressor 38 is used for air brakes as well, i.e. is part of the trucks native pneumatic system)
As concerns claim 15, Cook discloses a method for adjusting the deflector structure of claim 1, comprising:
calculating the dimensions and shape of the gap between the cab and the trailer;
based on the dimensions and shape of the gap, determining an inflated configuration of the deflector structure in order to form a barrier surrounding at least part of the gap; and
inflating the bouncy cushions of the deflector structure to obtain the determined inflated configuration.
(As Cook illustrates the claimed structure, and step of inflation with the inclusion of variability based on the distance between the truck cab and the trailer behind, and the steps of calculating and determining are no more than abstract mental processes, the claim is understood to be anticipated by prior art reference Cook.)
Claims 1-2, 4-6, 10 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Conny (US 9,637,183).
As concerns claim 1, Conny discloses a deflector structure for a truck unit having a cab, the deflector structure being configured to form a barrier surrounding at least part of a gap between the cab and a trailer to be towed by the truck unit, the deflector structure comprising:
a flexible frame (Conny – 10) fixed to the cab (Conny – 32), the flexible frame comprising a plurality of bouncy cushions (Conny – 74, 76) extending rearwardly towards the trailer at least in an inflated configuration (Conny – Figure 2); and
at least a flexible canvas (Conny – 44 is made by a flexible material) held by the flexible frame and/or by the cab and guided by the bouncy cushions to form the barrier.
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As concerns claim 2, Conny discloses the deflector structure of claim 1, wherein the inflated configuration of at least one of the bouncy cushions of the flexible frame is adjustable (Conny – see Figures 1 to 1a showing adjustability).
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As concerns claim 4, Conny discloses the deflector structure of claim 1, wherein the bouncy cushions (Conny – 74, 76) are configured to have at least one partially inflated configuration and/or one not-inflated configuration and one fully inflated configuration, the inflated configuration being a partially inflated configuration or a fully inflated configuration. (Conny – Figures 1 and 1a)
As concerns claim 5, Conny discloses the deflector structure of claim 1, wherein at least one bouncy cushion (Conny – 74, 76) has a substantially elongated external shape, at least in the inflated configuration. (As seen in at least Figure 1)
As concerns claim 6, Conny discloses the deflector structure of claim 1, wherein at least one bouncy cushion (Conny – 74, 76) has an external shape configured such that in the inflated configuration, it forms at least one curvature, in particular an external shape of at least one bouncy cushion comprises a groove in a not-inflated or partially inflated configuration in such a way that in a full inflated configuration, it forms a curvature at the place of the groove. (Conny – Figure 3A illustrates wherein grooves formed along the edges of the sections 74 and 76 form curves when inflated.)
As concerns claim 10, Conny discloses the deflector structure of claim 1, wherein the flexible frame comprises a plurality of single bouncy cushions guiding the flexible canvas and being distant from one another. (As seen in Figure 3A, there are a plurality of cushions 74 and 76 which although in a contact with adjacent cushions, are distant from further cushions. The claim language does not presently preclude such an interpretation under the broadest reasonable interpretation.)
As concerns claim 13, Conny discloses a truck unit comprising the deflector structure of claim 1, wherein the truck unit is configured to hold the deflector structure and to inflate the bouncy cushions from a not-inflated or partly inflated configuration to a partly inflated configuration or full inflated configuration. (Figures 1 and 1A at least, illustrate this.)
As concerns claim 14, Conny discloses the truck unit of claim 13, wherein the pneumatic system (the use of the existing aerodynamic flow of the vehicle to channel air flow during movement is considered a pneumatic system, under the broadest reasonable interpretation) of the truck unit is configured to inflate the bouncy cushions.
As concerns claim 15, Conny discloses a method for adjusting the deflector structure of claim 1, comprising:
calculating the dimensions and shape of the gap between the cab and the trailer;
based on the dimensions and shape of the gap, determining an inflated configuration of the deflector structure in order to form a barrier surrounding at least part of the gap; and
inflating the bouncy cushions of the deflector structure to obtain the determined inflated configuration.
(As Conny illustrates the claimed structure and inflation with the inclusion of variability of that inflation as shown in at least Figures 1 and 1A, and furthermore that the steps of calculating and determining are no more than abstract mental processes, the claim is understood to be anticipated by prior art reference Conny.
Claims 1-2, 4-5, 11 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Wall II (US 9,873,467).
As concerns claim 1, Wall II discloses a deflector structure for a truck unit having a cab, the deflector structure being configured to form a barrier surrounding at least part of a gap between the cab and a trailer to be towed by the truck unit, the deflector structure comprising:
a flexible frame (Wall – 110) fixed to the cab, the flexible frame comprising a plurality of bouncy cushions (Wall – 120) extending rearwardly towards the trailer at least in an inflated configuration (Wall – Figure 1); and
at least a flexible canvas (Wall – 150) held by the flexible frame and/or by the cab and guided by the bouncy cushions to form the barrier.
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As concerns claim 2, Wall discloses the deflector structure of claim 1, wherein the inflated configuration of at least one of the bouncy cushions of the flexible frame is adjustable. (The cushions are movable and as such, adjustable, as shown in Figure 1 whereby they are able to pivot.)
As concerns claim 4, Wall discloses the deflector structure of claim 1, wherein the bouncy cushions are configured to have at least one partially inflated configuration and/or one not-inflated configuration and one fully inflated configuration, the inflated configuration being a partially inflated configuration or a fully inflated configuration. (Wall - Uninflated in Figure 2, Inflated in at least Figure 1 and 3)
As concerns claim 5, Wall discloses the deflector structure of claim 1, wherein at least one bouncy cushion (Wall – 120) has a substantially elongated external shape, at least in the inflated configuration. (Wall – at least Figure 1)
As concerns claim 11, Wall discloses the deflector structure of claim 1, further comprising at least one rigid arm , preferably at least two rigid arms (Wall – 140), each of the rigid arm(s) being fixed to a bouncy cushion (Wall – 120), preferably to a free end thereof, and a pivot (Wall – 110) to which the rigid arm(s) is or are pivotably attached in such a way that each rigid arm is guiding and holding in the inflated configuration the bouncy cushion to which it is fixed. (Wall – Figure 3 illustrates this configuration)
As concerns claim 13, Wall discloses a truck unit comprising the deflector structure of claim 1, wherein the truck unit is configured to hold the deflector structure and to inflate the bouncy cushions from a not-inflated or partly inflated configuration to a partly inflated configuration or full inflated configuration. (Wall – at least Figures 1, 2 and 3)
As concerns claim 14, Wall discloses the truck unit of claim 13, wherein the pneumatic system (Wall - 180) of the truck unit is configured to inflate the bouncy cushions.
As concerns claim 15, Wall discloses a method for adjusting the deflector structure of claim 1, comprising:
calculating the dimensions and shape of the gap between the cab and the trailer;
based on the dimensions and shape of the gap, determining an inflated configuration of the deflector structure in order to form a barrier surrounding at least part of the gap; and
inflating the bouncy cushions of the deflector structure to obtain the determined inflated configuration.
(As Wall illustrates the claimed structure and inflation with the inclusion of variability of that inflation as shown in at least Figures 1 and 1A, and furthermore that the steps of calculating and determining are no more than abstract mental processes, the claim is understood to be anticipated by prior art reference Conny.
Allowable Subject Matter
Claims 3, 7-9, and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As concerns claim 3, the claim recites “wherein the flexible frame comprises a plurality of pairs of substantially parallel bouncy cushions between which the flexible canvas passes, being notably pinched between them.“
Such a configuration, whereby canvas is being pinched between pairs of parallel bouncy cushions in an inflated state (as required by depended-upon claim 1) is not anticipated by the prior art of record.
As concerns claim 8, the claim recites “wherein at least two bouncy cushions are aligned with each other, a free end of one of them facing an end of the other one.”
Notably, the phrase “free end” taken under the broadest reasonable interpretation, requires that an end of the bouncy cushion be “unconstrained” per the plain language definition. Neither of the prior art references which present the requires structure of claim 1, exhibit behavior wherein a cushion is not constrained in some way, that would also face another cushion as claimed.
For clarification, while Conny illustrates cushions that are unconnected at the rear end, they are not unconstrained as they are connected to one another.
Similarly, with Wall II, though the cushions 120 are free to pivot as needed and indeed do have free (unconstrained) ends toward the rear of the vehicle, those free ends cannot feasibly face one another end to end as claimed.
As concerns claim 12, the claim recites “, further comprising at least one adjustable tightened string configured to hold the deflector structure in the inflated configuration”.
Prior art references Conboy (US 2015/0115651) and Johnson (US 4,030,779) do disclose the use of cord or straps for securing an inflatable element.
However, neither would be appropriate to teach to the prior art references Cook, Conny or Wall II without improper hindsight as there is no additional need to secure the respective inflatable elements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON L LEMBO whose telephone number is (571)270-3065. The examiner can normally be reached Monday-Friday, 7am-4pm.
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/AARON L LEMBO/
Primary Examiner
Art Unit 3679