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
Claims 1, 10 and 11 are objected to because of the following informalities:
As concerns Claim 1, Line 7 recites "the first portion". This appears to be referring to the previously-recited "connecting portion". For clarity, naming conventions should be continued throughout the entirety of the claims.
As concerns claim 10, Line 2 recites “a part movable”. This appears to be an erroneous reversal and should be amended to read “a movable part”.
As concerns Claim 11, Line 2 recites "the step". As this is the first introduction of a step, the article identifier must be 'a'.
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 1-3, 5, 7-12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Horwill (US 5,595,416).
As concerns claim 1, Horwill (US 5,595,416) discloses an apparatus for aerodynamically sealing at least part of an air gap formed between at least a first part (Horwill - 12) and a second part (Horwill - front of vehicle below the hood, Figure 1, unnamed) of a motorized vehicle, the apparatus comprising:
a sealing device (Horwill - 11) having a shaped body comprising:
a connecting portion (Horwill - edge of 11 attached to 16) which is suitable to be connected, to the first part (Horwill - 12) of the motorized vehicle or to an additional part (Horwill - at least 16, 18, 19) which is connected to the first part (Horwill - 12) of the motorized vehicle; and
an air-gap sealing portion (Horwill - lowest portion of 11 which would sit in the gap between hood 12 and the vehicle panel below, when the hood is closed)) which protrudes from the first portion and is suitable to aerodynamically seal, at least partially, the air gap; and
at least one mechanical connector (Horwill - at least 23) which is suitable to connect the connecting portion (Horwill - edge of 11 attached to 16) of the sealing device (Horwill - 11) to the first part (Horwill - 12) of the motorized vehicle or to the additional part (Horwill - at least 16, 18, 19) connected to the first part (Horwill - 12) of the motorized vehicle in a releasable, tamper-proof, manner.
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As concerns claim 2, Horwill discloses the apparatus of claim 1, further comprising a mounting structure (Horwill - 14) which is suitable to be connected to the first part (Horwill - 12) of the motorized vehicle, and wherein the at least one mechanical connector (Horwill - at least 23) connects the connecting portion (Horwill - edge of 11 attached to 16) of the sealing device (Horwill - 11) to the mounting structure (Horwill – 14).
As concerns claim 3, Horwill discloses the apparatus of claim 1, wherein the at least one mechanical connector (Horwill - at least 23) comprises a plurality of mechanical connectors (Horwill – at least Abstract and Column 5, Lines 35-40).
As concerns claim 5, Horwill discloses the apparatus of claim 1, wherein the air-gap sealing portion (Horwill - lowest portion of 11 which would sit in the gap between hood 12 and the vehicle panel below, when the hood is closed) comprises at least two adjacent sections which form a predefined angle between them. (Horwill – see Figure 4 and 5)
As concerns claim 7, Horwill discloses a motorized vehicle comprising the apparatus of claim 1. (Figure 1)
As concerns claim 8, Horwill discloses a truck comprising:
a first part (Horwill - 12) and a second part (Horwill - front of vehicle below the hood, Figure 1, unnamed), wherein an air gap is formed between the first and second parts; and
at least one apparatus for aerodynamically sealing at least part of the air gap, the apparatus comprising:
a sealing device (Horwill - 11) having a shaped body comprising:
a connecting portion (Horwill - edge of 11 attached to 16) which is suitable to be connected, to the first part (Horwill - 12) or to an additional part (Horwill - at least 16, 18, 19) connected to the first part (Horwill - 12); and
an air-gap sealing portion (Horwill - lowest portion of 11 which would sit in the gap between hood 12 and the vehicle panel below, when the hood is closed)) which protrudes from the first portion and is suitable to aerodynamically seal, at least partially, the air gap when the sealing device (Horwill - 11) is connected, directly or indirectly, to the first part (Horwill - 12); and
at least one mechanical connector (Horwill - at least 23) which is suitable to connect the connecting portion (Horwill - edge of 11 attached to 16) of the sealing device (Horwill - 11) to the first part (Horwill - 12) or to the additional part (Horwill - at least 16, 18, 19) connected to the first part (Horwill - 12) in a releasable, tamper-proof, manner.
As concerns claim 9, Horwill discloses the truck of claim 8, wherein the apparatus further comprises a mounting structure (Horwill - 14) which is suitable to be connected to the first part (Horwill - 12) of the motorized vehicle, and wherein the at least one mechanical connector (Horwill - at least 23) connects the connecting portion (Horwill - edge of 11 attached to 16) of the sealing device (Horwill - 11) to the mounting structure (Horwill - 14).
As concerns claim 10, Horwill discloses the truck of claim 8, wherein the first part (Horwill - 12) is a substantially fixed part, and the second part (Horwill - front of vehicle below the hood, Figure 1, unnamed) is a movable part, with respect to the fixed part, between a first position, where the second part (Horwill - front of vehicle below the hood, Figure 1, unnamed) is spaced apart from the first fixed part, and a second position, where the second movable part is positioned close to and forms the air gap with the first fixed part. (When the hood is open, the elements are spaced apart, and when they are together, the airgap is formed.)
As concerns claim 11, Horwill discloses the truck of claim 10, wherein the substantially first fixed part comprises or is constituted by a front panel of the truck and the second part (Horwill - front of vehicle below the hood, Figure 1, unnamed) comprises or is constituted by a step (a surface of the vehicle that may support one’s body weight may be considered a step as under the broadest reasonable interpretation, a ‘step’ is understood to be a matter of intended use) of the truck.
As concerns claim 12, Horwill discloses the truck of claim 8, wherein the at least one mechanical connector (Horwill - at least 23) comprises a plurality of mechanical connectors (Horwill - at least 23).
As concerns claim 14, Horwill discloses the truck of claim 8, wherein the air-gap sealing portion (Horwill - lowest portion of 11 which would sit in the gap between hood 12 and the vehicle panel below, when the hood is closed) comprises at least two adjacent sections which form a predefined angle between them. (Horwill – Figures 4 and 5 illustrate element 11 has multiple sections that are at differing angles as claimed.)
Claims 1-2, 6-11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Fingerle (US 4,991,906).
As concerns claim 1, Fingerle (US 4,991,906) discloses an apparatus for aerodynamically sealing at least part of an air gap formed between at least a first part (Fingerle - 25) and a second part (Fingerle - 26) of a motorized vehicle, the apparatus comprising:
a sealing device (Fingerle - 24) having a shaped body comprising:
a connecting portion (Fingerle - where 24 and 35 connect) which is suitable to be connected, to the first part (Fingerle - 25) of the motorized vehicle or to an additional part (Fingerle - 35) which is connected to the first part (Fingerle - 25) of the motorized vehicle; and
an air-gap sealing portion (Fingerle - where 24 overhangs gap 41) which protrudes from the first portion and is suitable to aerodynamically seal, at least partially, the air gap; and
at least one mechanical connector (Fingerle - at least 42) which is suitable to connect the connecting portion (Fingerle - where 24 and 35 connect) of the sealing device (Fingerle - 24) to the first part (Fingerle - 25) of the motorized vehicle or to the additional part (Fingerle - 35) connected to the first part (Fingerle - 25) of the motorized vehicle in a releasable, tamper-proof, manner.
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As concerns claim 2, Fingerle discloses the apparatus of claim 1, further comprising a mounting structure (Fingerle – frame of vehicle, not shown) which is suitable to be connected to the first part (Fingerle - 25) of the motorized vehicle, and wherein the at least one mechanical connector (Fingerle - at least 42) connects the connecting portion (Fingerle - where 24 and 35 connect) of the sealing device (Fingerle - 24) to the mounting structure.
As concerns claim 6, Fingerle discloses the apparatus of claim 1, wherein the air-gap sealing portion (Fingerle - where 24 overhangs gap 41) comprises at least one edge part which is suitable to overlap with an associated portion of the second part (Fingerle - 26) of the motorized vehicle. (Figure 5 illustrates such an overlap between 24 and 26)
As concerns claim 7, Fingerle discloses a motorized vehicle comprising the apparatus of claim 1. (Fingerle – at least Figure 3)
As concerns claim 8, Fingerle discloses a truck comprising:
a first part (Fingerle - 25) and a second part (Fingerle - 26), wherein an air gap is formed between the first and second parts; and
at least one apparatus (Fingerle – at least 24) for aerodynamically sealing at least part of the air gap, the apparatus comprising:
a sealing device (Fingerle - 24) having a shaped body (Fingerle - Figure 3 shows such shaping) comprising:
a connecting portion (Fingerle - where 24 and 35 connect) which is suitable to be connected, to the first part (Fingerle - 25) or to an additional part (Fingerle - 35) connected to the first part (Fingerle - 25); and
an air-gap sealing portion (Fingerle - where 24 overhangs gap 41) which protrudes from the first portion and is suitable to aerodynamically seal, at least partially, the air gap when the sealing device (Fingerle - 24) is connected, directly or indirectly, to the first part (Fingerle - 25); and
at least one mechanical connector (Fingerle - at least 42) which is suitable to connect the connecting portion (Fingerle - where 24 and 35 connect) of the sealing device (Fingerle - 24) to the first part (Fingerle - 25) or to the additional part (Fingerle - 35) connected to the first part (Fingerle - 25) in a releasable, tamper-proof, manner.
As concerns claim 9, Fingerle discloses the truck of claim 8, wherein the apparatus further comprises a mounting structure (Fingerle – at least 34) which is suitable to be connected to the first part (Fingerle - 25) of the motorized vehicle, and wherein the at least one mechanical connector (Fingerle - at least 42) connects the connecting portion (Fingerle - where 24 and 35 connect) of the sealing device (Fingerle - 24) to the mounting structure.
As concerns claim 10, Fingerle discloses the truck of claim 8, wherein the first part (Fingerle - 25) is a substantially fixed part, and the second part (Fingerle - 26) is a part movable, with respect to the fixed part, between a first position, where the second part (Fingerle - 26) is spaced apart from the first fixed part, and a second position, where the second movable part is positioned close to and forms the air gap with the first fixed part. (Under the broadest reasonable interpretation, the term “substantially fixed” is understood to encompass elements which are capable of being fixed. Similarly, ‘movable’ is understood to encompass elements which can be moved. As such, the panels of Fingerle are understood to exhibit these features as, while installed, they are fixed however as we can see from Figure 5, the panels are designed to be removed and thus are also movable.)
As concerns claim 11, Fingerle discloses the truck of claim 10, wherein the substantially first fixed part comprises or is constituted by a front panel (25 extends along a side of the truck toward the front) of the truck and the second part (Fingerle - 26) comprises or is constituted by the step of the truck. (Fingerle – Figure 3 illustrates whereby panel 26 also includes steps 21.)
As concerns claim 15, Fingerle discloses the truck of claim 8, wherein the air-gap sealing portion (Fingerle - where 24 overhangs gap 41) comprises at least one edge part which is suitable to overlap with an associated portion of the second part (Fingerle - 26) of the truck. (Fingerle – Figure 5 illustrates such an overlap)
Claims 1, 5-6, 8 and 15 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Sjoestroem (SE 501861).
As concerns claim 1, Sjoestroem (SE 501861) discloses an apparatus for aerodynamically sealing at least part of an air gap formed between at least a first part (19) and a second part (7) of a motorized vehicle, the apparatus comprising:
a sealing device (at least 15 and 20) having a shaped body comprising:
a connecting portion (whereby 20 and 17 connect respectively with 19 and 7) which is suitable to be connected, to the first part of the motorized vehicle or to an additional part which is connected to the first part of the motorized vehicle; and
an air-gap sealing portion (at least 21 and 17 as they abut) which protrudes from the first portion and is suitable to aerodynamically seal, at least partially, the air gap; and
at least one mechanical connector (Figure 2 illustrates whereby 20 and 15 are fixed to 19 and 7 respectively) which is suitable to connect the connecting portion of the sealing device to the first part of the motorized vehicle or to the additional part connected to the first part of the motorized vehicle in a releasable, tamper-proof, manner.
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As concerns claim 5, Sjoestroem discloses the apparatus of claim 1, wherein the air-gap sealing portion comprises at least two adjacent sections (at least 21 and 17) which form a predefined angle between them. (Figure 2)
As concerns claim 6, Sjoestroem discloses the apparatus of claim 1, wherein the air-gap sealing portion comprises at least one edge part (21) which is suitable to overlap with an associated portion (17) of the second part (7) of the motorized vehicle.
As concerns claim 8, Sjoestroem discloses a truck comprising:
a first part (19) and a second part (7), wherein an air gap is formed between the first and second parts; and
at least one apparatus for aerodynamically sealing at least part of the air gap, the apparatus comprising:
a sealing device (at least 15 and 20) having a shaped body comprising:
a connecting portion (whereby 20 and 17 connect respectively with 19 and 7) which is suitable to be connected, to the first part or to an additional part connected to the first part; and
an air-gap sealing portion (at least 21 and 17 as they abut) which protrudes from the first portion and is suitable to aerodynamically seal, at least partially, the air gap when the sealing device is connected, directly or indirectly, to the first part; and
at least one mechanical connector (Figure 2 illustrates whereby 20 and 15 are fixed to 19 and 7 respectively) which is suitable to connect the connecting portion of the sealing device to the first part of the motorized vehicle or to the additional part connected to the first part of the motorized vehicle in a releasable, tamper-proof, manner.
As concerns claim 15, Sjoestroem discloses the truck of claim 8, wherein the air-gap sealing portion comprises at least one edge part (21) which is suitable to overlap with associated portion (17) of the second part (7) of the truck.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 4 and 13 rejected under 35 U.S.C. 103 as being unpatentable over Horwill in view of Wollar et al (US 4,375,342).
As concerns claims 4 and 13, Horwill discloses the apparatus of claims 1 and 8, however fails to specify wherein the at least one mechanical connector (Horwill - at least 23) comprises a plastic rivet having an axially movable plunger.
Wollar et al (US 4,375,342) however teaches plastic rivets (12) with a slidable plunger (11) for the expected benefit of being able to selectively remove and reuse the fastener (Column 3, Lines 20-31)
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Therefore, it would have been obvious to modify Horwill as taught by Wollar to include the use of plastic rivets with slidable plungers for the expected benefit of being ablet to selectively remove and reuse the fasteners, to obtain the invention as specified in the claim.
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Fingerle in view of Wollar.
As concerns claims 4 and 13, Fingerle discloses the apparatus of claims 1 and 8, however fails to specify wherein the at least one mechanical connector comprises a plastic rivet having an axially movable plunger.
Wollar however teaches plastic rivets (12) with a slidable plunger (11) for the expected benefit of being able to selectively remove and reuse the fastener (Column 3, Lines 20-31)
Therefore, it would have been obvious to modify Fingerle as taught by Wollar to include the use of plastic rivets with slidable plungers for the expected benefit of being ablet to selectively remove and reuse the fasteners, to obtain the invention as specified in the claim.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON L LEMBO/
Primary Examiner
Art Unit 3679