CTNF 18/608,968 CTNF 89972 DETAILED ACTION This action is a first action on the merits. The claims filed on March 19, 2024 have been entered. Claims 1-6 are pending and addressed below. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). This application claims benefit of Chinese Patent Application No. CN202310445634.7 filed on April 24, 2023. 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement filed on March 19, 2024 has been considered by the Examiner. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 5 and 6 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. Claims 5 and 6: Claims 5-6 recites the limitation "the vehicle body" in line 3. There is insufficient antecedent basis for this limitation in the claim. Additionally, it is unclear as to whether the vehicle body recited in claims 5-6 is referring to the vehicle body itself or to the vehicle body component as previously recited. For the purposes of examination the Examiner has assumed that the claims are referring to the vehicle body itself (as shown at reference number 54 in the drawings as filed March 19, 2024) and not the vehicle body component. Appropriate correction and/or clarification is required. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 07-30-06 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a movable mechanism” in claim 1. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-2 and 5-6 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Jin, Chinese Patent No. 114954704 (hereinafter Jin) . Claim 1: Jan discloses spoiler device (spoiler wing part 11 , Fig 1a, 1b, 2 ), adapted to be installed on a rear edge of a vehicle body component (spoiler main body 10) arranged on a vehicle (as shown in Fig 2 ), comprising: a spoiler body (body of spoiler wing part 11 ) having an upper surface portion (spoiler wing upper plate 111 ) and a bent portion (bent rear edge of upper plate 111 as shown in Fig 2 ) bent downward from a rear end of the upper surface portion (bent rear edge of spoiler wing upper plate 111 is bent downward toward spoiler wing lower plate 112 as shown in Fig 2 ); and a movable mechanism (pull assembly for driving comprises a moving ball group, a guide rail 17 , a motor 18 and a pull wire 19 ) connected to the spoiler body ( 11 ) to drive the spoiler body ( 11 ) to move relative to the vehicle body component (pull wire 19 driven by the motor 18 can cause the moving ball group to move along the guide rail 17 relative to the spoiler main body upper plate 101 , so as to cause the spoiler wing part 11 to move relative to the spoiler main body 10 by sliding to be located at different positions relative to the spoiler main body 10, Fig 2, 4, pg 6-7 ) wherein the spoiler body (body of 11 ) is movable between a storing position (as shown by working condition 1 in Fig 2) where a front end of the upper surface portion ( 111 ) is close to an upper surface (top of roof 10 ) of the vehicle body component ( 10 ) (as shown by working condition 1 in Fig 2, pg 6-7 ) and an extending position (as shown by working condition 1’ in Fig 2 ) where the upper surface portion ( 111 ) extends rearward relative to the vehicle body ( 12 ) component via the movable mechanism (pull assembly for driving comprises a moving ball group, a guide rail 17 , a motor 18 and a pull wire 19 ) (as shown by working condition 1’ in Fig 2, pg 6-7 ), taking an imaginary line (as shown in annotated Fig 2, below) extending along the upper surface of the vehicle body component ( 10 ) as a reference, the front end of the upper surface portion ( 111 ) in the extending position is located on the imaginary line or located further downward than the imaginary line (as shown by working condition 1’ in Fig 2, pg 6-7, see annotated Fig 2, below ), and the upper surface portion intersects the imaginary line (front half of 111 would intersect with imaginary line as shown in annotated Fig 2 , below) , and the bent portion (bent rear edge of upper plate 111 as shown in Fig 2 ) in the extending position (as shown by working condition 1’ ) is located further rearward than the bent portion in the storing position (as shown by working condition 1 , is Fig 2 ). PNG media_image1.png 380 636 media_image1.png Greyscale Claim 2: Jan discloses the upper surface (top op surface of 10 at 101 in Fig 2) of the vehicle body component (10) is inclined rearward and downward (as shown in Fig 2), and the upper surface portion (top surface of 111) in the storing position is inclined rearward and downward along the imaginary line (as shown in annotated Fig 2 above). Claims 5 and 6: Jan discloses the spoiler device (spoiler component 11, Fig 1a, Fig 1b ) and the vehicle body component ( 10 ) are provided on an opening and closing body (back door 13 ) that can be opened and closed relative to the vehicle body of the vehicle (back door 13 of a vehicle can necessarily be opened and closed) . 07-15-aia AIA Claim(s) 1-4 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Wolf et al., German Patent No. DE 102014104157 A1 (hereinafter Wolf) . Claim 1: Wolf discloses a spoiler device (spoiler 20 ), adapted to be installed on a rear edge of a vehicle body component (roof trailing edge 15 ) arranged on a vehicle (see Fig 1 ), comprising: a spoiler body (body of rear spoiler 20 ) having an upper surface portion (top surface of air guide 22 ) and a bent portion bent downward from a rear end of the upper surface portion (bent end of air guide 22 located at the rear of the air guide 22 shown in Fig 3-4 ); and a movable mechanism (drive device 50 ) connected to the spoiler body (body of 20 ) to drive the spoiler body to move relative to the vehicle body component (by drive device 50 air guide 22 can move from rest position in Fig 3 to extended or moved into one operative position in Fig 4 or several different operative position, see Fig 1, pg 3-4 ); the spoiler body (body of 20 ) is movable between a storing position (see Fig 3 ) where a front end of the upper surface portion (top surface of 22 ) is close to an upper surface of the vehicle body component roof truss 46 of roof 15 ) and an extending position (shown in Fig 4 ) where the upper surface portion (top surface of 22 ) extends rearward relative to the vehicle body component via the movable mechanism ( 50 ) (see Fig 4 pg 4 ), taking an imaginary line (shown in annotated Fig 4, below) extending along the upper surface (top surface) of the vehicle body component (roof 15 ) as a reference, the front end of the upper surface portion (top surface 22 ) in the extending position is located on the imaginary line or located further downward than the imaginary line (front end of the top surface of 22 is located on the imaginary line in Fig 4 , annotated Fig 4 , below), and the upper surface portion intersects the imaginary line (imaginary line intersects upper surface of 22 ), and the bent portion in the extending position (see Fig 4 ) is located further rearward than the bent portion in the storing position (bent port of 22 extends further rearward in Fig 4 than in Fig 3 ). PNG media_image2.png 422 686 media_image2.png Greyscale Claim 2: Wolf discloses wherein the upper surface of the vehicle body component (upper surface of roof 15 including roof truss 46 , see Fig 1-4 ) is inclined rearward and downward (as shown in Fig 1-4 ), and the upper surface portion (upper surface of 22)in the storing position is inclined rearward and downward along the imaginary line (as shown in Fig 3 and see annotated Fig 4 for imaginary line). Claims 3 and 4: Wolf discloses a spoiler body (spoiler 22 ) with a bent portion (shown in Fig 3-4).The bent portion in the extending position (shown in Fig 4) is at a same height as the bent portion in the storing position or is located further upward than the bent portion in the storing position (bent portion at rear end of spoiler 22 in Fig 2 is located further upward than the bent portion at the rear end of the spoiler as shown in Fig 1) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim (s) claims 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jan in view of Wolf et al., German Patent No. DE 102014104157 A1 (hereinafter Wolf) . Claims 3 and 4: Jan fails to disclose wherein the bent portion in the extending position is at a same height as the bent portion in the storing position or is located further upward than the bent portion in the storing position. Wolf discloses a spoiler body (spoiler 22 ) with a bent portion (shown in Fig 3-4 ).The bent portion in the extending position (shown in Fig 4) is at a same height as the bent portion in the storing position or is located further upward than the bent portion in the storing position (bent portion at rear end of spoiler 22 in Fig 2 is located further upward than the bent portion at the rear end of the spoiler as shown in Fig 1). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the extending position of the spoiler body of Jan such that the bent portion in the extending position is at a same height as the bent portion in the storing position or is located further upward than the bent portion in the storing position as disclosed by Wolf, as one of ordinary skill in the art would have recognized that higher position of the bent portion would have resulted in reduced rear axle lift thereby improving efficiency by reducing undesirable air flow (Wolf, pg 1-2 ) . Conclusion 12-151-07 AIA 07-97 12-51-07 Claim s 1-6 are rejected. No claims are allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST. 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, Tara E Schimpf can be reached at (571) 270-7741. 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. /CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676 Application/Control Number: 18/608,968 Page 2 Art Unit: 3676 Application/Control Number: 18/608,968 Page 3 Art Unit: 3676 Application/Control Number: 18/608,968 Page 4 Art Unit: 3676 Application/Control Number: 18/608,968 Page 5 Art Unit: 3676 Application/Control Number: 18/608,968 Page 6 Art Unit: 3676 Application/Control Number: 18/608,968 Page 7 Art Unit: 3676 Application/Control Number: 18/608,968 Page 9 Art Unit: 3676 Application/Control Number: 18/608,968 Page 10 Art Unit: 3676
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