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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112
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.
Claims 1-11 and 22 are 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.
Claim 1 recites “the air distributor adapted to be removably or fixedly attached at a predetermined position on one or more truck wings associated with the vehicle such that the air distributor facilitates inflow of ambient air therewithin and directs the ambient air towards an air inlet area of a heat exchanger associated with the TRU”. It is unclear if the device is simply an air distributor or all the structure it connects and interacts with. For examination purposes Examiner will consider this to be an air distributor and everything it connects or interacts with is intended use. This applies to claims 2-11 as well and everywhere intended use is identified in the rejection below.
Claim 6 recites “wherein the air distributor is adapted to be attached to an exterior surface of the top truck wing of the vehicle”. It is unclear what structure allows the device to be adapted to be attached at this location. For examination purposes Examiner will consider that as long as the device can be attached to a surface the claim limitation is met. This same issue occurs in claim 7 as well.
Claim 8 recites “wherein a width of a rear side of the air distributor is substantially larger than a width of a front part of the air distributor”. Substantially is a relative term and is undefined. It is unclear when the side is substantially larger as opposed to larger. For examination purposes Examiner will consider any larger portion to meet the claim limitation. This same issue occurs in claim 9 as well.
Claim 22 recites “the two side top truck wings”. It is unclear if this constitutes the side wings or that there are three wings on the top of the truck. For examination purposes Examiner will consider either to meet the claim limitation. It is also unclear how an air distributor can be attached to both side wings. For examination purposes Examiner will consider connection to either wing to meet the claim limitation.
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, 4-7, 10, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. PGPUB 20010035020 to Gehman (Gehman).
Regarding claim 1, Gehman teaches a housing defining a shape of the air distributor (15, Figures 1-3, 5, and 8 or 66, and, 76, and 78, Figure 11), the air distributor adapted to be removably or fixedly attached at a predetermined position on one or more truck wings associated with the vehicle such that the air distributor facilitates inflow of ambient air therewithin and directs the ambient air towards an air inlet area of a heat exchanger associated with the TRU (this is considered intended use and air is deflected towards a heat exchanger 20, Figure 4, and/or 78, Figure 11 and a wing is disclosed in Paragraph 0034).
Regarding claim 2, Gehman teaches wherein the air distributor comprises at least one first opening at a front side (62, Figure 8), and an internal cavity enclosed by the housing (interior as shown in Figure 8) such that upon attachment of the air distributor on the corresponding truck wing, the internal cavity fluidically connects the at least one front opening to the air inlet area of the heat exchanger (this is considered intended use and is shown in Figures 4, 8, and 10).
Regarding claim 4, Gehman teaches wherein the vehicle comprises a truck, and a trailer attached to a rear side of the truck such that a gap remains therebetween, wherein the heat exchanger is installed at a front side of the trailer in the gap (This entire claim is considered intended use and is shown in Figures 4 and 11).
Regarding claim 5, Gehman teaches wherein the one or more truck wings comprises a top truck wing movably configured over a top region of the gap, and two side truck wings movably configured on two opposite lateral side regions of the gap (this entire claim is considered intended use because the wings are not part of the structure. This is also taught in Paragraph 0034).
Regarding claim 6, Gehman teaches wherein the air distributor is adapted to be attached to an exterior surface of the top truck wing of the vehicle (device can be attached at that location. Additionally, this is disclosed in Paragraph 0034).
Regarding claim 7, Gehman teaches wherein the air distributor is adapted to be attached to an exterior surface of the two side truck wings of the vehicle (device can be attached at that location).
Regarding claim 10, Gehman teaches wherein the bottom side of the air distributor comprises one or more coupling elements to facilitate attachment of the air distributor on the one or more truck wings (device is coupled to a surface which is indicative of a coupling element therefore the coupling element is taught. Attachment to the one or more truck wings is considered intended use).
Regarding claim 11, Gehman teaches wherein the first opening of the air distributor has a predefined profile comprising one or more of oval-shaped, semi-circular-shaped, rectangular-shaped, square-shaped, inverted-U shaped, and parabolic-shaped (Figures 1, 2, and 11).
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 2232108 to Giacomini (Giacomini).
Regarding claim 1, Giacomini teaches the air distributor comprising: a housing defining a shape of the air distributor (14, Figures 1-2 and 8), the air distributor adapted to be removably or fixedly attached at a predetermined position on one or more truck wings associated with the vehicle such that the air distributor facilitates inflow of ambient air therewithin and directs the ambient air towards an air inlet area of a heat exchanger associated with the TRU (this is considered intended use and the device can have these features downstream of the device).
Regarding claim 2, Giacomini teaches wherein the air distributor comprises at least one first opening at a front side (shown in Figure 8), and an internal cavity enclosed by the housing such that upon attachment of the air distributor on the corresponding truck wing, the internal cavity fluidically connects the at least one front opening to the air inlet area of the heat exchanger (this is considered intended use).
Regarding claim 3, Giacomini teaches wherein the air distributor comprises at least one second opening at a bottom side of the housing (shown in Figure 8), the at least one second opening is fluidically connected to the at least one first opening by the internal cavity such that upon attachment of the air distributor on the corresponding truck wing, the at least one second opening fluidically connects the air distributor to the air inlet area of the heat exchanger (this is considered intended use)
Regarding claim 4, Giacomini teaches wherein the vehicle comprises a truck, and a trailer attached to a rear side of the truck such that a gap remains therebetween, wherein the heat exchanger is installed at a front side of the trailer in the gap (This entire claim is considered intended use).
Regarding claim 5, Giacomini teaches wherein the one or more truck wings comprises a top truck wing movably configured over a top region of the gap, and two side truck wings movably configured on two opposite lateral side regions of the gap (this entire claim is considered intended use).
Regarding claim 6, Giacomini teaches wherein the air distributor is adapted to be attached to an exterior surface of the top truck wing of the vehicle (device can be attached at that location).
Regarding claim 7, Giacomini teaches wherein the air distributor is adapted to be attached to an exterior surface of the two side truck wings of the vehicle (device can be attached at that location).
Regarding claim 8, Giacomini teaches wherein a width of a rear side of the air distributor is substantially larger than a width of a front part of the air distributor (shown in Figure 2).
Regarding claim 9, Giacomini teaches wherein a height of a rear side of the air distributor is substantially lower than a height of a front part of the air distributor (shown in Figure 2).
Regarding claim 10, Giacomini teaches wherein the bottom side of the air distributor comprises one or more coupling elements to facilitate attachment of the air distributor on the one or more truck wings (device is coupled to a surface which is indicative of a coupling element therefore the coupling element is taught as shown in Figure 2. Attachment to the one or more truck wings is considered intended use).
Regarding claim 11, Giacomini teaches wherein the first opening of the air distributor has a predefined profile comprising one or more of oval-shaped, semi-circular-shaped, rectangular-shaped, square-shaped, inverted-U shaped, and parabolic-shaped (Figures 6-8).
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.
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.
Claim(s) 12-13, 15-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gehman in view of U.S. Patent 11427267 to Burrows et al. (Burrows).
Regarding claim 12, Gehman teaches a truck (Figure 1), and a trailer attached to a rear side of the truck such that a gap remains therebetween (shown in Figures 2, 4, and 11), wherein a heat exchanger associated with the TRU is installed at a front side of the trailer within the gap (left side of 20, Figure 4 and/or 72, Figure 11); one or more truck wings movably configured at a top region (Paragraph 0034 which discloses wings extending as part of deflector 66 which is the same shape as 15), and an air distributor removably or fixedly attached at a predetermined position on the one or more truck wings (66, 76, and 78, Figure 11, Paragraph 0034), wherein the air distributor is adapted to facilitate inflow of ambient air therewithin and direct the ambient air towards an air inlet area of the heat exchanger (shown in Figure 11).
Burrows teaches one or more wings movably configured at two lateral side regions of the gap (16, Figures 1a and 1b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Gehman with the teachings of Burrows to provide one or more wings movably configured at two lateral side regions of the gap. Doing so would increase the fuel efficiency of the vehicle.
Regarding claims 13 and 20, Gehman teaches wherein the air distributor comprises at least one first opening at a front side (78, Figure 11), and an internal cavity enclosed by a housing (interior shown in Figure 8) such that upon attachment of the air distributor on the corresponding truck wing, the internal cavity fluidically connects the at least one front opening to the air inlet area of the heat exchanger (shown in Figures 4, 8, 10, and 11).
Regarding claim 15, Gehman teaches wherein the one or more truck wings comprises a top truck wing movably configured at the top region of the gap (Paragraph 0034)
Gehman is silent on two side truck wings movably configured at the two opposite lateral side regions of the gap.
Burrows teaches two side truck wings movably configured at the two opposite lateral side regions of the gap (16, Figures 1a and 1b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Gehman with the teachings of Burrows to provide on two side truck wings movably configured at the two opposite lateral side regions of the gap. Doing so would increase the fuel efficiency of the vehicle.
Regarding claim 16, Gehman is silent on wherein the one or more truck wings are configured to move between a deployed position where the one or more truck wings enclose the gap, and a collapsed position where the gap is at least partially exposed.
Burrows teaches wherein the one or more truck wings are configured to move between a deployed position where the one or more truck wings enclose the gap, and a collapsed position where the gap is at least partially exposed (16, Figures 1a, 1b, 2a, and 2b which show the deployed and retracted positions). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Gehman with the teachings of Burrows to provide wherein the one or more truck wings are configured to move between a deployed position where the one or more truck wings enclose the gap, and a collapsed position where the gap is at least partially exposed. Doing so would increase the fuel efficiency of the vehicle.
Regarding claim 17, Gehman teaches wherein the heat exchanger is installed in middle of the front side of the trailer within the gap (shown in Figures 1, 4, and 11).
Regarding claim 18, Gehman teaches wherein the air distributor is attached to an exterior surface of the top truck wing of the vehicle (Paragraph 0034 and Figure 11).
Regarding claims 19 and 22, the modified device of Gehman is silent on wherein the air distributor is attached to an exterior surface of the two side truck wings of the vehicle. It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the air distributor is attached to an exterior surface of the two side truck wings of the vehicle, since it has been held that mere relocation of an element would not have modified the operation of the device. (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
Regarding claim 21, Gehman teaches claim 21 and noted in the rejection of claims 18 and 13 above.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gehman in view of Burrows and Giacomini.
Regarding claim 14, Gehman teaches wherein the air distributor comprises at least second opening, the at least second opening is fluidically connected to the at least one first opening by the internal cavity such that upon attachment of the air distributor on the corresponding truck wing, the at least second opening fluidically connects the air distributor to the air inlet area of the heat exchanger (shown in Figures 4, 8, 10, and 11).
Gehman is silent on wherein the air distributor comprises at least second opening at a bottom side of the housing.
Giacomini teaches wherein the air distributor comprises at least second opening at a bottom side of the housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Gehman with the teachings of Giacomini to provide wherein the air distributor comprises at least second opening at a bottom side of the housing. Doing so would provide an additional cooling flowpath to cool other areas of the vehicle and/or allow the device to provide air to a differently located heat exchanger.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prior art cited disclose the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN S ANDERSON II whose telephone number is (571)272-2055. The examiner can normally be reached M-F 8-5.
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, Michael Hoang can be reached at 574-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN S ANDERSON II/Primary Examiner, Art Unit 3762
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