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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Re: claim 1, the amended claim feature “wherein the first arm and the second arm are independently pivotable with respect to both the fairing and the frame” is not described in a such a way as to reasonably convey that one having ordinary skill in the art is able to understand within the specification. The examiner surmises the intended claim language was to be similar to the claim language of claim 8, however, no support for the amended limitation of claim 1 is present in the written description.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lecuir et al. in view of Long et al. (Patent No. 6,644,720).
Re: claim 1, Lecuir et al. teaches a fairing assembly (Fig. 2 & 5) for a commercial vehicle (Fig. 2 - 10), the fairing assembly (Fig. 2 & 5) comprising: at least one fairing (Fig. 2 - 26); and a mounting device (Fig. 5) for mounting the fairing (Fig. 2 - 26) to a frame (Fig. 5 - 18) of the commercial vehicle (Fig. 2 - 10), the mounting device (Fig. 5) comprising at least one four bar linkage (See Fig. 5) including: a first arm (Fig. 5 - 42) which is, at least indirectly, pivotably connected (Annotated Fig. 5 – fairing connections) with the fairing (Fig. 2 - 26), the first arm (Fig. 5 - 42) being configured to be, at least indirectly, pivotably connected (Fig. 5 – 48) with the frame (Fig. 5 - 18); and a second arm (Fig. 5 - 42) which is, at least indirectly, pivotably connected (Annotated Fig. 5 – fairing connections) with the fairing (Fig. 2 - 26), the second arm (Fig. 5 - 42) being configured to be, at least indirectly, pivotably connected (Fig. 5 – 48) with the frame (Fig. 5 - 18) such that the mounting device (Fig. 5) allows the fairing to move between a covering position (Fig. 1) for laterally covering at least a major portion of a wheel (Fig. 1 & 2 - 12) of the commercial vehicle (Fig. 2 - 10) and an uncovering position (Fig. 2) for uncovering the wheel (Fig. 1 & 2 - 12). Lecuir et al. fails to teach wherein the first arm and the second arm are independently pivotable with respect to both the fairing and the frame.
It is noted that element 42 is a pair of plates, thus fulfilling the limitation set by the claim of having a first and a second arm. It is also noted that the cited arms are indirectly pivotably connected to the fairing, in that the arms pivot with the fairing and are connected to one another via the annotated fairing connections.
However, Long et al. teaches wherein the first arm (Annotated Fig. 6 – first arm) and the second arm (second arm) are pivotable (See Figs. 6 & 7) with respect to both the fairing (58, 60) and the frame (40) at independent axis points (first axis, second axis, third axis, fourth axis).
Lecuir et al. and Long et al. are considered to be analogous to the claimed invention because both are in the same field of truck fairings. Therefore, it would have been obvious to one of ordinary skill in the art before to the effective filing date of the given invention to modify Lecuir et al.’s four-bar linkage with those of Long et al.’s positioning in order to provide the advantage of a more reinforced system (The additional spaced apart contact point allows for additional leverage for pivoting the fairing which reduces the likelihood of the apparatus being damaged).
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Re: claim 2, Lecuir et al. teaches wherein the mounting device (Fig. 5) comprises at least one first base element (Fig. 5 - 41) attached to the fairing (Fig. 2 - 26), and wherein the first and second arms (Fig. 5 - 42) are pivotably connected (Annotated Fig. 5 – fairing connections) with the first base element (Fig. 5 - 41).
Re: claim 3, Lecuir et al. teaches wherein the mounting device (Fig. 5) comprises a second base element (Fig. 5 - 46) configured to be attached to frame (Fig. 5 - 18) at least indirectly (Annotated Fig. 5 – mounting holes), and wherein the first and second arms (Fig. 5 - 42) are pivotably connected (Fig. 5 – 48) with the second base element (Fig. 5 - 46).
Re: claim 4, Lecuir et al. teaches wherein the mounting device (Fig. 5) comprises at least one gas strut (Fig. 5 - 50) configured to:
hold the fairing (Fig. 2 - 26) in the covering position (See Fig. 1 & 5); and/or
hold the fairing (Fig. 2 - 26) in the uncovering position (Fig. 2 & 8); and/or
move the fairing (Fig. 2 - 26) in the direction of the uncovering position (See Figs. 6, 7, and 8 for movement); and/or
support a movement of the fairing (Fig. 2 - 26) to the uncovering position (See Figs. 6, 7, and 8 for movement).
Re: claim 5, Lecuir et al. teaches wherein the at least one gas strut (Fig. 5 - 50) is pivotably connected (Fig. 5 – 58) with both the first and second arms (Fig. 5 - 42).
Re: claim 6, Lecuir et al. teaches wherein the mounting device (Fig. 5) comprises at least one gas strut (Fig. 5 - 50) configured to:
hold the fairing (Fig. 2 - 26) in the covering position (See Fig. 1 & 5); and/or
hold the fairing (Fig. 2 - 26) in the uncovering position (Fig. 2 & 8); and/or
move the fairing (Fig. 2 - 26) in the direction of the uncovering position (See Figs. 6, 7, and 8 for movement); and/or
support a movement of the fairing (Fig. 2 - 26) to the uncovering position (See Figs. 6, 7, and 8 for movement), and
wherein the at least one gas strut (Fig. 5 - 50) is pivotably connected (Fig. 5 – 58, which is connected to 42, which is connected to 41) with the at least one first base element (Fig. 5 – 41).
Re: claim 7, Lecuir et al. teaches wherein the mounting device (Fig. 5) comprises at least one gas strut (Fig. 5 - 50) configured to:
hold the fairing (Fig. 2 - 26) in the covering position (See Fig. 1 & 5); and/or
hold the fairing (Fig. 2 - 26) in the uncovering position (Fig. 2 & 8); and/or
move the fairing (Fig. 2 - 26) in the direction of the uncovering position (See Figs. 6, 7, and 8 for movement); and/or
support a movement of the fairing (Fig. 2 - 26) to the uncovering position (See Figs. 6, 7, and 8 for movement), and
wherein the at least one gas strut (Fig. 5 - 50) is pivotably connected (Fig. 5 – 58, which is connected to 42, which is connected to 41) with the at least one first base element (Fig. 5 – 41).
Re: claim 8, Lecuir et al. fails to teach wherein the first arm is pivotably connected with the fairing about a first rotation axis and pivotably connected with the frame about a second rotation axis, and the second arm is pivotably connected with the fairing about a third rotation axis and pivotably connected with the frame about a fourth rotation axis, wherein the first rotation axis, the second rotation axis, the third rotation axis, and the fourth rotation axis are spaced apart from each other and extend parallel to each other.
However, Long et al. teaches wherein the first arm (Annotated Fig. 6 – first arm) is pivotably connected (1st fairing connection) with the fairing (58, 60) about a first rotation axis (first axis) and pivotably connected (1st frame connection) with the frame (40) about a second rotation axis (second axis), and the second arm (second arm) is pivotably connected (2nd fairing connection) with the fairing (58, 60) about a third rotation axis (third axis) and pivotably connected (2nd frame connection) with the frame (40) about a fourth rotation axis (fourth axis), wherein the first rotation axis, the second rotation axis, the third rotation axis, and the fourth rotation axis are spaced apart from each other and extend parallel to each other (See Annotated Fig. 6).
Response to Arguments
Applicant's arguments filed 04/02/2026 have been fully considered but they are not persuasive.
The applicant argues that the prior art does not disclose a four-bar linkage. The examiner disagrees with this and further asserts the position of a four-bar linkage with the annotated figure below. The examiner understands that the applicant is pushing to claim a trapezoidal structure in planar view, as disclosed in Long et al. which is relied upon for the amended features.
The arguments directed toward the newly amended features of claim 1 have been considered but are moot as the examiner is examining these features for the first time.
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Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP C ADAMS whose telephone number is (571)272-3421. The examiner can normally be reached Monday-Thursday 7:30 - 4:00 CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy R Weisberg can be reached at 5712705500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP C ADAMS/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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