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 § 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.
Claim 3 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 3, “wherein the skirt includes a material having a waterproofness and flexibility” (lines 1-2) is indefinite since claim 3 depends from claim 1 which claims “winding unit configured to wind a skirt that blocks inflow of a headwind generated when a vehicle travels” (lines 1-2). Regarding claim 1, “configured to” implies that the structure is specifically designed or arranged to perform the stated function. Claim 3 positively claims “the skirt” (line 1).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moradnia et al. US 20220315135 A1 (cited by Applicant).
Regarding claim 1, Moradnia et al. discloses a winding unit (in paragraph [0031] as shown in Figures 2) configured to wind a skirt that blocks inflow of a headwind generated when a vehicle travels (“configured to” implies that the structure is specifically designed or arranged to perform the stated function; the apparatus is configured to i.e. only suitable for a headwind skirt; the winding unit is suitable for that purpose) the winding unit (in paragraph [0031] as shown in Figures 2) comprising: an actuator (an actuator (not shown) in paragraph [0037]) which generates power; a roller (204 in paragraph [0031] as shown in Figure 2) configured to couple to the skirt and wind the skirt; a holder (220 in paragraphs [0031] and [0034] as shown in Figure 2) configured to couple to an end portion of the skirt; and a driving link (inherent that there is a driving link to connect
an actuator (not shown) in paragraph [0037]) which connects the holder (220 in paragraphs [0031] and [0034] as shown in Figure 2) and the actuator
(an actuator (not shown) in paragraph [0037]) and moves the holder (220 in paragraphs [0031] and [0034] as shown in Figure 2) using the power generated by the actuator (“an actuator (not shown) in paragraph [0037]).
Regarding claim 2, Moradnia et al. discloses the winding unit (in paragraph [0031] as shown in Figures 2) of claim 1, wherein the holder (220 in paragraphs [0031] and [0034] as shown in Figure 2) is configured to pull or push the skirt such that the skirt is deployed (as shown in Figure 2) or retracted (as shown in Figure 2) in conjunction with movement of the holder (220 in paragraphs [0031] and [0034] as shown in Figure 2) in a direction intersecting a direction in which the roller (204 in paragraph [0031] as shown in Figure 2) is disposed.
Regarding claim 3, as understood, Moradnia et al. discloses the winding unit (in paragraph [0031] as shown in Figures 2) of claim 1, includes a material (flexible sheet 206 in paragraph [0031] as shown in Figure 2) having waterproofness and flexibility.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moradnia et al. US 20220315135 A1 (cited by Applicant) in view of Titus et al.
US 20180265142 A1.
Regarding claim 4, Moradnia et al. discloses the winding unit (in paragraph [0031] as shown in Figures 2) of claim 1.
However, Moradnia et al. does not show wherein the driving link includes: a first link coupled to the actuator; a second link which connects the first link and the holder and moves in conjunction with movement of the first link; and a pin which rotatably couples the second link to the holder and transfers a force generated by movement of the second link to the holder.
Titus et al. teaches an actuator 18 displaces the panel 16 between the vent closing and vent opening positions. A linkage 20 connects the actuator 18 with the panel 16 (in paragraph [0022]). The linkage 20 comprises a first link 34 and a second link 36. The first link 34 is connected by means of a pivot pin 38 to the underbody shield. The first end 40 of the first link 34 is connected to the arm 42 of the actuator 18 by means of the pin 44. The second end 46 of the first link 34 is connected to the second link 36 by means of the pin 48.
The opposite end of the second link 36 is connected to the panel 16. As should be appreciated the specific linkage 20 illustrated in Figures 2a and 3
(in paragraph [0028]).
Regarding claim 4, 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 winding unit of Moradnia et al. with a driving link using a first link, a second link and a pin, as taught by Titus et al., with a reasonable expectation of success to the particular placement of a first link, a second link and a pin is an obvious matter of design choice.
In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Allowable Subject Matter
Claims 5-10 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, Ragsdale US 7871121 B1 discloses a vehicle air skirt apparatus (air dam device 100 as shown in Figure 1) comprising: a skirt
(as shown in Figures 3 and 5 the panel 110 of the air dam 100 of the present invention is flexible and is of a thickness that can withstand wind at a high velocity but can also bend and accommodate objects on the road surface. For example, in some embodiments, the panel 110 is about 3/4 inch in thickness. This combination of flexibility and thickness also allow the panel 110 to be wrapped around the corners of the bumper 106) which blocks inflow of a headwind.
However, Ragsdale does not show a winding unit which winds the skirt, the winding unit including an actuator which generates power, a roller which is coupled to the skirt and winds the skirt, a holder coupled to an end portion of the skirt, and a driving link which connects the holder and the actuator and moves the holder using the power generated by the actuator.
Moradnia et al. US 20220315135 A1 (cited by Applicant) discloses a winding unit (in paragraph [0031] as shown in Figures 2) configured to wind a skirt that blocks inflow of a headwind generated when a vehicle travels (“configured to” implies that the structure is specifically designed or arranged to perform the stated function; the apparatus is configured to i.e. only suitable for a headwind skirt; the winding unit is suitable for that purpose) the winding unit
(in paragraph [0031] as shown in Figures 2) comprising: an actuator (“an actuator (not shown) in paragraph [0037]) which generates power; a roller (204 in paragraph [0031] as shown in Figure 2) configured to couple to the skirt and wind the skirt; a holder (flexible sheet 206 may be held taut between roller 204 at one end 220 as shown in Figure 2) configured to couple to an end portion of the skirt; and a driving link (inherent that there is a connection to drive the winding unit) which connects the holder (flexible sheet 206 may be held taut between roller 204 at one end 220 as shown in Figure 2) and the actuator (“an actuator (not shown) in paragraph [0037]) and moves the holder (flexible sheet 206 may be held taut between roller 204 at one end 220 as shown in Figure 2) using the power generated by the actuator (“an actuator (not shown) in paragraph [0037]).
Since the flexible panel (110) of Ragsdale is wrapped around the corners of the bumper (106), therefore there is no reason to combine the flexible panel (110) of Ragsdale with the winding unit of Moradnia et al. US 20220315135 A1 (cited by Applicant).
Claims 6-10 depends from claim 1.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy 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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/Lori Lyjak/Primary Examiner, Art Unit 3612