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 .
Claim Rejections - 35 USC § 103
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 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carlson US 2015/0251711 A in view of Pulkka US 2006/0134379 A1, Sashihara US 2002/0023585 A1.
Regarding claim 1, Carlson US 2015/0251711 A discloses a wind resistance reducing device for land vehicles (in paragraph [0003]; a bicycle is a land vehicle), comprising: a windward member (body structure of the land vehicles); a pasting body (substrate 4-14 in paragraphs [0033], [0034], [0037], [0038] and [0039]), wherein a side of the pasting body (substrate 4-14 in paragraphs [0038] and [0039]) is a pasting side (double sided tape in paragraph [0042]), and other side of the pasting body (substrate 4-14 in paragraphs [0038] and [0039]) is a windward side (side of substrate 4-14 that faces the wind), and the pasting body comprises a pasting layer (double sided tape in paragraph [0042]) disposed on the pasting side (double sided tape in paragraph [0042]) thereof, and a plurality of granular parts (in paragraphs [0035], [0044] and [0045]) protruded on the windward side (side of substrate 4-14 that faces the wind), thereof; paint coated the windward member and the pasting body (as broadly as claimed a substrate 4-14 can be affixed to the vehicle 2 using a pressure sensitive double sided tape, possibly one that is washable and reusable and will not pull paint off of the vehicle 2 (windward member is the body member of the vehicle) in paragraph [0042]; the small particles may be affixed to each substrate 4-14 (pasting body) with glue or paint or some other form of adhesive in paragraph [0045] and in claim 15 of Carlson US 2015/0251711 A; substrate (pasting body) affixed to the vehicle utilizing one of pressure sensitive tape, clips, a magnetic force, paint, and glue in claim 3 Carlson US 2015/0251711 A) and; wherein the pasting body (substrate 4-14 in paragraphs [0038] and [0039]) has a gap (material thickness of the substrate 4-14 in paragraph [0039] would create a gap) between the windward member (body structure of vehicle) and the pasting body (substrate 4-14 in paragraphs [0038] and [0039]);
However, Carlson US 2015/0251711 A does not show wherein the pasting layer of the pasting body is pasted on the front side of the windward member, so that as least part of the plurality of granular parts face toward a traveling direction of the bicycle; and a baking paint layer, wherein the baking paint layer forms a guide angle corresponding to the position of the gap between the windward member and the pasting body.
Pulkka US 2006/0134379 A1 teaches a motor cycle as shown in Figure 5 having wind resistance on the front side of the windward member; pit or bulge may also have a shape other than spherical calotte, different rounded shapes of a truncated cone, and resembling the shape of the edge of an oval or closed shell in paragraph [0003] face toward a traveling direction of the motorcycle.
A bicycle is similar to a motorcycle.
Sashihara US 2002/0023585 A1 teaches a UV baking station for baking the paint in paragraph [0009].
Regarding claim 1, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to put the wind resistance reducing device of Carlson US 2015/0251711 on the front side of the windward member of a motorcycle (which is similar to a bicycle), as taught by Pulkka US 2006/0134379 A1, with a reasonable expectation of success in order to provide wind resistance reducing device for a bicycle.
Regarding claim 1, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the paint layer of Carlson US 2015/0251711, as modified, with a baking paint layer, as taught by Sashihara US 2002/0023585 A1, with a reasonable expectation of success in order cure the paint completely, consistently, and efficiency.
Regarding claim 1, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the wind resistance reducing device of Carlson US 2015/0251711, as twice modified, as one piece (making integral) with the baking paint layer, by coating the windward member and the pasting body; wherein the baking layer forms a guide angle corresponding to the position of the gap between the windward member and the pasting body with a reasonable expectation of success would be merely a matter of obvious engineering choice.
In reLarson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (A claim to a fluid transporting vehicle was rejected as obvious over a prior art reference which differed from the prior art in claiming a brake drum integral with a clamping means, whereas the brake disc and clamp of the prior art comprise several parts rigidly secured together as a single unit. The court affirmed the rejection holding, among other reasons, “that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.”); but see Schenckv.Nortron Corp., 713 F.2d 782, 218 USPQ 698 (Fed. Cir. 1983) (Claims were directed to a vibratory testing machine (a hard-bearing wheel balancer) comprising a holding structure, a base structure, and a supporting means which form “a single integral and gaplessly continuous piece.” Nortron argued that the invention is just making integral what had been made in four bolted pieces. The court found this argument unpersuasive and held that the claims were patentable because the prior art perceived a need for mechanisms to dampen resonance, whereas the inventor eliminated the need for dampening via the one-piece gapless support structure, showing insight that was contrary to the understandings and expectations of the art.).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carlson US 2015/0251711 A in view of Pulkka US 2006/0134379 A1, Sashihara US 2002/0023585 A1 as applied to claim 1 above, and further in view of
BR 9502715 A.
Regarding claim 2, Carlson US 2015/0251711, as thrice modified, discloses the wind resistance reducing device according to claim 1, but does not show wherein the pasting body is made of a transparent material.
BR 9502715 A teaches a transparent sticker (corresponds to the pasting body with a pasting layer).
Regarding claim 2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make pasting body of Carlson US 2015/0251711, as thrice modified, out of a transparent material, as taught by BR 9502715 A, with a reasonable expectation of success to provide a sleek, professional, and minimalist look that allows your design to
blend seamlessly with the surface while highlighting the product itself.
Prior Art
No Prior Art
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lori Lyjak whose telephone number is (571)272-6658. The examiner can normally be reached 8:00 AM-4:30 PM (EST) Monday-Friday.
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/Lori Lyjak/Primary Examiner, Art Unit 3612