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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on June 1, 2026 is acknowledged.
Applicant has cancelled claims 16 – 20, drawn to a non-elected invention.
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, 2, 4, 5, 7, 8, 11, 13, and 21 – 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Letourneau (CA 2 649 227).
As for claims 1, 11, 21, and 22 Letourneau et discloses a vehicle comprising: a vehicle body (81); a vehicle door (1) connected to the vehicle body; a sealing member (17) positioned between the vehicle body and the vehicle doors door to thereby seal the vehicle doors door upon closure; an air guide connected to the vehicle body, wherein each the air guide includes: a body panel (100, Fig. 5) and spaced axially from the corresponding sealing member along a length of the vehicle such that an axial gap is defined therebetween (Figs. 1 and 5, note that each body panel 100 is disposed forward of the front door or rearward of the rear door, respectively, and therefore inherently axially spaced from the door seal); and a flange (5) extending axially from the body panel at an upper end of the air guide, wherein the flange is configured for positioning within the axial gap to thereby inhibit debris accumulation on the vehicle body (see paragraphs [0002] and [0029]).
As for claim 2, the air guide is unitary in construction (see Fig. 5 and paragraph [0033]).
As for claim 4, the body panel includes at least one recess configured to receive the vehicle body (note the curved upper edge of panel 100), and the flange is positioned laterally outward of the at least one recess.
As for claim 5, each the air guide further includes: an interface (580) connecting the body panel (100) and the flange (5).
As for claims 7, 8, 13, and 23 the flange (5) extends in generally orthogonal relation to a width of the vehicle (Fig. 1) and defines a height varying between a first end and a second end thereof (Fig. 5).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Letourneau (CA 2 649 227) in view of Li et al. (CN 112172930 A).
Letourneau meets all the limitations of the claimed invention but does not disclose a strengthening member. Li et al. disclose an air guide comprising at least one strengthening member (13) extending vertically along a height of the vehicle. Note that the flange of Letourneau is positioned laterally outward of the body, and therefore would be positioned laterally outwardly of a strengthening member disposed on the body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air guide of Letourneau to include the strengthening member of Li et al. for reinforcement of the body panel.
Claim(s) 6, 9, 10, 12, 14, 15, 24, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Letourneau (CA 2 649 227) alone.
As for claims 6, 12, and 24, Letourneau discloses a living hinge (580) which at least suggests an arcuate inner wall to reduce stress concentrations. One of ordinary skill in the art would have recognized the benefits of an arcuate transition between the panel and the flange to reduce the likelihood of breakage.
As for claims 9, 10, 14, 15, and 25, Letourneau discloses a flange that comprises at least portions with increasing height or a tapered configuration. See Fig. 5. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to shape the flange as needed to correspond to the contour of the vehicle to which it is attached. One of ordinary skill in the art would have recognized that eliminating gapping with the vehicle body would improve the security of the connection between the flange and the body and would reduce accumulation of debris.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katy M Ebner whose telephone number is (571)272-5830. The examiner can normally be reached Monday - Thursday, 9 a.m. - 3 p.m.
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, J. Allen Shriver can be reached at (303)297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Katy M Ebner/Primary Examiner, Art Unit 3613
Prosecution Insights