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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “19” has been used to designate both upper fixed guide and lower fixed guide. The reference character “20” has been used to designate both upper sliding block and lower sliding block. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In Page 4, ln 32: the retracted rest position in FIGs. 3a, 3b should be extended operating position in FIGs. 3a, 3b
In Page 6, ln 7: FIGs. 4a to 6b should be FIGs 1a to 3b; ln 12: the first stated extended operating position should be retracted rest position
In Page 6, lns 22-23: FIG 6b does not have “19” labeled.
Appropriate correction is required.
Claim Objections
Claim 1 objected to because of the following informalities: in (ii)Consider placing a comma between the two words or reword to remove confusion. Appropriate correction is required.
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.
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.
Claims 1, 3-6, 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ferri et al. (US 20200369331).
Re Claim 1, Ferri et al. discloses: A lateral rear region of a motor vehicle, said lateral rear region comprising: a rear body member (as seen annotated in Figs. 1, 2, 3, 6 ) which extends at least partially behind a rear wheel housing (Fig. 1: see annotation; Col. 3, ln 63 – Col. 4, ln. 2) of the motor vehicle; and an air directing device (Fig. 1: 10; Col. 3, ln 63 – Col. 4, ln. 4) having an air guidance element (Figs. 2, 3, 6: 34; Col. 4, lns. 11-14), the air guidance element being displaceable relative to the rear body member (as seen in Fig. 2; Col. 3, lns. 5-7) between:
a rest position (Fig. 2; Col. 3, lns. 5-13), wherein in the rest position of the air guidance element, the air guidance element is retracted into the lateral rear region (as seen in Fig. 2; Col. 3, lns. 5-7) and a flow guide surface of the air guidance element is covered by the rear body member (as seen in Fig. 2), and
an operating position (Figs. 3 and 6; Col. 3, lns. 14-26), wherein in the operating position of the air guidance element the air guidance element is extended out of the lateral rear region (as seen in Figs. 3 and 6, Col. 7, lns. 8-10), wherein as compared to the rest position, in the operating position of the air guidance element, the flow guide surface of the air guidance element is
(a) displaced rearwardly as seen in a longitudinal direction of the motor vehicle (Fig. 6; Col.7, lns. 8-10) and
(b) displaced to an outside of the motor vehicle as seen in a transverse direction of the motor vehicle (Fig. 3; Col. 4, lns. 14-19).
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Figure 1 of Ferri et al. (US 20200369331)
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Figure 2 of Ferri et al. (US 20200369331)
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Figure 3 of Ferri et al. (US 20200369331)
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Figure 6 of Ferri et al. (US 20200369331)
Re Claim 3, Ferri et al discloses: wherein, in the rest position (Fig. 2; Col. 3, lns. 5-13) of the air guidance element, the flow guide surface of the air guidance element is completely retracted into the lateral rear region (Fig. 2: the air guidance element [34] would be fully retracted into the rear body member, as seen, and the air directing device of the lateral rear region of the motor vehicle).
Re Claim 4, Ferri et al discloses: wherein the air directing device further comprises a guide and drive unit (Fig. 2A: 54; Col 4, lns. 20-35; 54 is connected to 44 that powers the guide and drive unit) which guides and drives the air guidance element during the displacement relative to the rear body member.
Re Claim 5, Ferri et al. discloses: wherein the guide and drive unit (Fig. 2A: 54; Col 4, lns. 20-35; 54 is connected to 44 that powers the guide and drive unit) has at least one fixed guide rail (see annotation in Fig. 2A) and at least one sliding block (see annotation in Fig. 2A) which is configured to be displaced relative to the fixed guide rail, the air guidance element engaging with at least one guide bolt (see annotation in Fig. 2A; Col. 4, lns. 64-67) in a guide groove of the fixed guide rail and in at least one guide groove of the sliding block (see annotation in Fig. 2A).
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Figure 2A of Ferri et al. (US 20200369331)
Re Claim 6, Ferri et al. discloses: wherein the guide and drive unit includes a drive (as seen annotated in Fig. 2A above) which displaces
the sliding block relative to the guide rail (as seen annotated in Fig. 2A above) and
the air guidance element relative to the rear body member via the sliding block (as seen annotated in Fig. 2A above).
Re Claim 11, Ferri et al. discloses: A motor vehicle having two lateral rear regions according to claim 1 (as seen on both rear corners of the motor vehicle in Fig. 1).
Allowable Subject Matter
The primary reason for the indication of allowable subject matter in Claim 2 is the inclusion in the claim limitations directed to the extension of the air guidance element flush with the outer surface of the rear body member in the operating position. Such limitation, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. The closest prior art of record, Ferri et al., do not teach or suggest the air directing device extending flush with the rear body member as claimed. There is no suggestion or motivation in the prior art to make such a modification to the device of Ferri et al.
The primary reason for the indication of allowable subject matter in Claims 7-8 are the inclusion in the claim limitations directed to the guide sections of the guide groove within the guide rail that allow for the movement of the air guidance element in the longitudinal and transverse direction of the rear region of the motor vehicle. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. The closest prior art of record, Ferri et al., do not teach or suggest the air directing device with a combination of guide rails/bolts/blocks as claimed. There is no suggestion or motivation in the prior art to make such a modification to the device of Ferri et al.
The primary reason for the indication of allowable subject matter in Claims 9 is the inclusion in the claim limitations directed to the details of the number of guide rails and the relationship between the sliding block and the guide rails, and the number of guide bolts that allow for the mechanism of the invention. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. The closest prior art of record, Ferri et al., do not teach or suggest the air directing device with a combination of guide rails/bolts/blocks as claimed. There is no suggestion or motivation in the prior art to make such a modification to the device of Ferri et al.
The primary reason for the indication of allowable subject matter in Claims 10 is the inclusion in the claim limitations directed to the housing that holds the sets of guide rails, sliding block and the guide bolts of the air guidance element and the arrangement of the said combination. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. The closest prior art of record, Ferri et al., do not teach or suggest the air directing device with a combination of guide rails/bolts/blocks as claimed. There is no suggestion or motivation in the prior art to make such a modification to the device of Ferri et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The cited references all disclose a rear region with an air directing device.
Stemmler Urs (FR 2816906 A1) discloses a rear spoiler that has a rest position and an operating position.
Moradnia et al. (US 20230069094 A1) discloses a rear diffuser that moves outward from the vehicle when needed and retracts for stowage.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASMINE J THOMAS whose telephone number is (571)272-8742. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASMINE JAMES THOMAS/Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
June 18, 2026
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