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.
Claims 1-20 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.
Claim 1 requires “a retainer including a retainer inner wall and a retainer opening portion, and having a cylindrical shape…” [claim 1 lines 2-3]. It is unclear if “and having a cylindrical shape” is introducing a new structure having a cylindrical shape or referring to the shape of the inner wall or retainer opening portion. For the purposes of examination, the claim is interpreted as requiring “a retainer including a retainer inner wall and a retainer opening portion, the retainer inner wall or retainer opening portion having a cylindrical shape…”.
Claim 1 requires “a lid assembly provided in the retainer…”, the Oxford English Dictionary defies a lid as “[t]hat which covers the opening at the top of a vessel or closes the mouth of an aperture…”1, however the “lid” [reference character 60 of the applicant’s drawings] disclosed by the applicant does not “close the mouth of an aperture” but rather obstructs the aperture whilst providing for airflow around the top and bottom of the lid surface. Therefore, the applicant’s use of lid is inconsistent with the terms accepted meaning, and although applicant is permitted to be their own lexicographer the unconventional use of defined terminology leads to a lack of clarity vis-à-vis the application of prior art. For the purposes of examination, the lid is interpreted as an obstruction provided in the retainer.
Claims 2-20 are rejected based on their dependency on claim 1.
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.
Claim(s) 1-4, 10-11, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schneider (US 2016/0250909 A1).
With respect to claim 1 Schneider discloses a retainer [reference character 4 in Fig. 10] including a retainer inner wall [the inner surface of reference character 4 in Fig. 10] and a retainer opening portion [see annotated Fig. below], and having a cylindrical shape [the cylindrical shape formed between 20 and 21 in Fig. 10], the retainer inner wall defining a retainer ventilation passage [the interior space of 4], the retainer opening portion being provided at a downstream end of the retainer ventilation passage [see Fig. 12]; and a lid assembly [reference character 11] provided in the retainer, and having an exposed surface [the portion of the lid assembly extending beyond the retainer, see annotated Fig. below] and a retainer facing surface [see annotated Fig. below], the exposed surface being exposed from the retainer opening portion, the retainer facing surface facing the retainer opening portion and defining an air outlet [reference characters 8-1 and 8-2 in Fig. 10] between the retainer facing surface and the retainer opening portion.
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With respect to claim 2 Schneider discloses the retainer opening portion has one side [reference character 20] and another side [reference character 21] that faces the one side, and the retainer facing surface defines a first air outlet [reference character 8-1] and a second air outlet [reference character 8-2] as the air outlet, the first air outlet being defined between the retainer facing surface and the one side of the retainer opening portion, the second air outlet being defined between the retainer facing surface and the other side of the retainer opening portion [see Fig. 2].
With respect to claim 3 Schneider discloses that the first air outlet and the second air outlet are configured such that a direction of an air flow blown from the first air outlet intersects with a direction of an air flow blown from the second air outlet [see Fig. 12].
With respect to claim 4 Schneider discloses a first retainer ventilation passage [see annotated Fig. below] defined between a first retainer inner wall [reference character 20] of the retainer inner wall and the lid assembly, and communicating with the first air outlet, the first retainer inner wall being continuously formed with the one side of the retainer opening portion; a second retainer ventilation passage [see annotated Fig. below] defined between a second retainer inner wall [reference character 21] of the retainer inner wall and the lid assembly, and communicating with the second air outlet, the second retainer inner wall being continuously formed with the other side of the retainer opening portion; and a flow dividing portion [see annotated Fig. below] disposed in the retainer, and configured to divide the retainer ventilation passage into the first retainer ventilation passage and the second retainer ventilation passage.
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With respect to claim 10 Schneider discloses a first fin [reference character 6-1 in Fig. 11] provided in the first retainer ventilation passage, and having a flat plate shape, the first fin being configured to be rotatable about a center axis [reference character 25] that intersects with the first retainer inner wall; and a second fin [reference character 6-2 in Fig. 11] provided in the second retainer ventilation passage, and having a flat plate shape, the second fin being configured to be rotatable about a center axis [also reference character 25 in Fig. 11] that intersects with the second retainer inner wall.
With respect to claim 11 Schneider discloses that the exposed surface is a curved surface that protrudes toward an outside of the air-conditioning register [see annotated Fig. above associated with claim 1].
With respect to claim 13 Schneider discloses a flow dividing portion disposed in the retainer [see the annotated Fig. above associated with claim 4], and configured to divide the retainer ventilation passage into a first retainer ventilation passage and a second retainer ventilation passage [see annotated Fig. associated with claim 4]; and a functional member including at least either one of a function part [reference characters 6-1 and 6-2], the function part being configured to vary a function of the air- conditioning register, wherein at least a portion of the functional member is disposed in a space defined between the first retainer ventilation passage and the second retainer ventilation passage [when pivoted the function parts would be disposed in the space].
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, 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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider (US 2016/0250909 A1).
With respect to claim 12 Schneider does not disclose a distance between the retainer opening portion and the retainer facing surface at the air outlet is 1 millimeter or more and 10 millimeters or less. However, the distance between the retainer facing surface and the air outlet is interpreted to be a result effective variable that would be optimized in order to provide desired result. In this case the distance would be varied in order to achieve a desired airflow exit velocity based on the airflow quantity and pressure provided by the blower fan. Therefore, it would have been obvious to one of ordinary skill in the art at the time the filing date of the invention to provide a distance between the retainer opening portion and the retainer facing surface at the air outlet is 1 millimeter or more and 10 millimeters or less since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art In re Aller, 105 USPQ 233.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider (US 2016/0250909 A1) in view of Brand et. al (US 2019/0202271 A1).
With respect to claim 14 Schneider discloses the functional member includes a fin [reference character 6-1 and 6-2] as the function part, the fin including a first fin [reference character 6-1] provided to adjust a direction of an air flow flowing through the first retainer ventilation passage, a second fin [reference character 6-2] provided to adjust a direction of an air flow flowing through the second retainer ventilation passage.
Schneider does not disclose a fin coupling portion configured to couple the first fin to the second fin.
Brand discloses an air outlet for a vehicle that includes a plurality of fins [reference character 40 in Fig. 2] that are connected to each other by a coupling portion [reference character 42 in Fig. 2] that allows for coordinated movement of the fins.
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught by Schneider by including a coupling portion to couple the first and second fins together, as taught by Brand, in order to allow for coordinated movement of the fins.
Allowable Subject Matter
Claim 5-9 and 15-20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B McAllister can be reached at 571-272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
1 “Lid, N.” Oxford English Dictionary, Oxford UP, September 2025, https://doi.org/10.1093/OED/1123127114.