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 .
Status of Claims
This is the first office action on the merits in response to the application filed on 14 November 20123. Claim(s) 1-13 are currently pending and have been examined.
Disclosure Statement
The information disclosure statement (IDS) submitted on 11 November 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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.
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Povinelli (US 2017/0137075 A1)
Re claim 1, Povinelli discloses a vehicle comprising:
a vehicle body (Povinelli Fig. 1 and 2, Paragraph [0077]); and
a diffuser configured to alter aerodynamic characteristics of the vehicle mounted to the vehicle body (Povinelli Fig. 12A, B, C and 13A, B, C, Paragraphs [007], [0077], [0084], and [0106]),
wherein the diffuser includes:
a housing attached to the vehicle body (Povinelli Fig. 12A, B, C and 13A, B, C, Paragraphs [0007], [0077], [0083], [0084], and [0106]-[0109]);
a fabric panel attached to the housing that is configured to move between a stowed position located within the housing and a deployed position where the fabric panel extends outward from the housing and relative to the vehicle body, the fabric panel altering the aerodynamic characteristics of the vehicle when in the deployed position (Povinelli Fig. 12A, B, C and 13A, B, C, Paragraphs [0007], [0077], [0079], [0132], [0084], and [0106]-[0109]); and
at least one strut that is configured to support the fabric panel when the fabric panel is in the deployed position and be stowed with the fabric panel in the housing when the fabric panel is in the stowed position (Povinelli Fig. 12A, B, C and 13A, B, C, Paragraphs [0077], [0080], [0111], [0112], [0132] and [0133]).
Re claim 2. Povinelli discloses the vehicle according to claim 1, further comprising a roller tube including a spool, the fabric panel being rolled over the spool when the fabric panel is in the stowed position and unrolled from the spool when the fabric panel is in the deployed position (Povinelli Fig. 12A, B, C and 13A, B, C, Paragraphs [0007], [0077], [0084], [0109], and [131]).
Re claim 3. Povinelli discloses the vehicle according to claim 2, wherein the fabric panel has a first end attached to the housing and a second end attached to the spool, in the deployed position of the fabric panel the roller tube is located distal from the housing and supported by the at least one strut, and in the stowed position of the fabric panel when the fabric panel is rolled over the spool, the roller tube is positioned within the housing (Povinelli Fig. 12A, B, C and 13A, B, C, Paragraphs [0007], [0077], [0084],[0109] and [0133]).
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.
Claims 4-13 are rejected under 35 U.S.C. 103 as being unpatentable over Povinelli (US 2017/0137075 A1) and further in view of Brutsaert (US 4997021 A).
Re claim 4, Povinelli discloses the vehicle according to claim 3, but Povinelli is not explicit on the at least one strut includes a first end attached to the housing and a second end attached to the roller tube (Povinelli, Fig. 12A, B, C, Par. [0106], [0107] and [0111]).
However, Brutsaert clearly discloses strut (arms) includes a first end attached to the housing and a second end attached to the roller tube (Brutsaert, Fig. 1, 2, Col. 2, Lin. 60-68, Col. 3, Lin. 1-59 and claim 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the teachings of the Povinelli to include the teachings of the Brutsaert to advance the rolling and un-rolling of the fabric with more stability and efficiency.
Re claim 5, Povinelli discloses the vehicle according to claim 4, but Povinelli is not explicit on the at least one strut includes a first end attached to a pinion that is movably translatable along a rack that is provided in the housing and a second end that is pivotably connected to the roller tube (Povinelli Fig. 12A, B, C and 13A, B, C, Paragraphs [0007], [0077], [0084],[0109] and [0133]).
However, Brutsaert clearly discloses a gearbox that is utilized to move the arms forward and backward to stretch and un-roll the fabric (Brutsaert. Fig. 1, 2, 7, Col. 1, Lin. 29- Col. 2, Lin. 28, Col. 4, Lin. 1-40, Col. 5, Lin. 7-44). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the teachings of the Povinelli to include the teachings of the Brutsaert to advance the rolling and un-rolling of the fabric with more stability and efficiency.
Re claim 6, Povinelli discloses the vehicle according to claim 4, but Povinelli is not explicit on at least one strut includes a first arm and a second arm, the first arm being pivotably connected to the housing and pivotably connected to the second arm, and the second arm being pivotably connected to the roller tube (Povinelli, Fig. 12A, B, C, Par. [0106], [0107] and [0111]).
However, Brutsaert clearly discloses at least one strut includes a first arm and a second arm, the first arm being pivotably connected to the housing and pivotably connected to the second arm (Brutsaert, Fig. 1, 2, 7, Col. 1, Lin. 29- Col. 2, Lin. 28, Col. 4, Lin. 1-40, Col. 5, Lin. 7-44, and claims 1 and 11). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the teachings of the Povinelli to include the teachings of the Brutsaert to advance the rolling and un-rolling of the fabric with more stability and efficiency.
Re claim 7, Povinelli discloses the vehicle according to claim 6, further comprising a motor configured to pivot the first arm relative to the housing (Povinelli, Par. [0083], [0087], [125, and [126]).
Re claim 8, Povinelli discloses the vehicle according to claim 7, Povinelli is explicit on the vehicle according to claim 7, further comprising a controller in communication with the motor, the controller being configured to actuate the motor to pivot the first arm relative to the housing to move the fabric panel to the deployed position when the vehicle reaches a predetermined velocity, and configured to actuate the motor to pivot the first arm relative to the housing to move the fabric panel to the stowed position when a velocity of vehicle falls below the predetermined velocity (Povinelli, Par. [0089] and [0125]).
Re claim 9, Povinelli discloses the vehicle according to claim 2, but Povinelli is not explicit on wherein the roller tube is located within and fixed to the housing, the fabric panel has a first end attached to the spool and a second end attached to an elongated rod, and in the deployed position of the fabric panel the elongated rod is located distal from the housing and supported by the at least one strut (Povinelli Fig. 12A, B, C and 13A, B, C, Paragraphs [0007], [0077], [0084], [0109], and [131]).
However, Brutsaert clearly discloses, roller tube is located within and fixed to the housing, the fabric panel has a first end attached to the spool and a second end attached to an elongated rod (Brutsaert, Fig. 1, 4, Col. 2, Lin. 60-68, Col. 3, Lin. 1-59 and claim 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the teachings of the Povinelli to include the teachings of the Brutsaert to advance the rolling and un-rolling of the fabric with more stability and efficiency.
Re claim 10, Povinelli discloses the vehicle according to claim 9, but Povinelli is not explicit on wherein the at least one strut includes a first end attached to the housing and a second end attached to the elongated rod (Povinelli Fig. 12A, B, C and 13A, B, C, Paragraphs [0007], [0077], [0084], [0109], and [131]).
However, Brutsaert clearly discloses, strut includes a first end attached to the housing and a second end attached to the elongated rod (Brutsaert, Fig. 1, 2, 7, Col. 1, Lin. 29- Col. 2, Lin. 28, Col. 4, Lin. 1-40, Col. 5, Lin. 7-44, and claims 1, 3 and 11). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the teachings of the Povinelli to include the teachings of the Brutsaert to advance the rolling and un-rolling of the fabric with more stability and efficiency.
Re claim 11, Povinelli discloses the vehicle according to claim 10, wherein the at least one strut includes a first arm and a second arm, the first arm being pivotably connected to the housing and pivotably connected to the second arm, and the second arm being pivotably connected to the elongated rod (Povinelli, Par. [0111].
Furthermore, Brutsaert also discloses, strut includes a first arm and a second arm (Brutsaert, Fig. 1, 2, 7, Col. 1, Lin. 29- Col. 2, Lin. 28, Col. 4, Lin. 1-40, Col. 5, Lin. 7-44, and claims 1 and 11). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the teachings of the Povinelli to include the teachings of the Brutsaert to advance the rolling and un-rolling of the fabric with more stability and efficiency.
Re claim 12, Povinelli discloses the vehicle according to claim 11, Povinelli is explicit on further comprising a motor configured to pivot the first arm relative to the housing (Povinelli, Par. [0083], [0087], [125, and [126]).
Re claim 13, Povinelli discloses the vehicle according to claim 12, further comprising a controller in communication with the motor, the controller being configured to actuate the motor to pivot the first arm relative to the housing to move the fabric panel to the deployed position when the vehicle reaches a predetermined velocity, and configured to actuate the motor to pivot the first arm relative to the housing to move the fabric panel to the stowed position when a velocity of vehicle falls below the predetermined velocity (Povinelli, Abstract, Par. [0007], [0008], [0083], [0087], [0089], and [0125], claim 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pakkam et al. (US 20230383823 A1), relates to the aerodynamic improvement of vehicles by deploying a cover for the cargo area.
Leese et al. (US 20230048645 A1), relates to awning body may include a reel, an awning canopy, a first swing arm, a second swing arm, and an endbar. The awning cover may be disposed between the reel and the endbar when the endbar is extended away from the awning body by the first swing arm and the second swing arm.
Moradian et al. (US 20220161874 A1), relates to Systems and methods are provided for generating a downforce on a vehicle. An aerodynamic deflector on the vehicle is repositionable. An actuator is coupled with the aerodynamic deflector.
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KAMBIZ ABDI
Supervisory Patent Examiner
Art Unit 3685