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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
bar opening (in claim 10) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to because:
In Figures 16, 18 and 20 there are two reference characters “194”.
“Reference character “194” has been used to designate both side wall [0071] and water inlet [0071].
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Regarding claim 10, “bar opening” (lines 1-2) is objected to as failing to provide proper antecedent basis. In paragraph [0062], the use of bar 126 allows the side walls 132.
Claim Objections
Claims 12 are objected to because of the following informalities:
Regarding claim 12, “a chord” (line 2) needs to be changed to
--a chord length--(see “the chord length” in line 6 of claim 12).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 10-12 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.
Regarding claim 10, “side walls comprising a bar opening and a slot”
(in lines 1-2) is unclear. How does the side walls comprise both a bar opening and a slot? Opening is a type of slot. In Figure 5, only a slot (172 in paragraph [0061]) is shown.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-19 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-19 of prior U.S. Patent No. US 11,975,769 B2.
This is a statutory double patenting rejection.
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2018/200007 A1.
Regarding claim 20, WO 2018/200007 A1 discloses a top fairing
(68 in paragraph [0019] as shown in Figures 3 and 4) for a trailer
(12 in paragraph [0019]) comprising: a surface for guiding air (as shown in Figures 3 and 4) thereover, comprising a flange (anchoring flange 42 in paragraph [0024] as shown in Figures 3 and 4); a leading surface (leading airflow surface 14 in paragraph [0019] as shown in Figures 3 and 4) having a leading radius (paragraph [0019]), the leading surface (14 in paragraph [0019] as shown in Figures 3 and 4) being joined to the flange (anchoring flange 42 in paragraph [0024] as shown in Figures 3 and 4) and extending in a rearward direction with a root angle between the flange (anchoring flange 42 in paragraph [0024] as shown in Figures 3 and 4) and the leading surface (leading airflow surface 14 in paragraph [0019] as shown in Figures 3 and 4) of between 8 degrees and 16 degrees (paragraph [0024]); and a tailing surface (tailing airflow surface 20 in paragraph [0019] as shown in Figures 3 and 4) having a tailing radius (single radius 28 in paragraph [0026] as shown in Figures 3 and 4), the tailing surface (tailing airflow surface 20 in paragraph [0019] as shown in Figures 3 and 4) in continuity to the leading surface (leading airflow surface 14 in paragraph [0019] as shown in Figures 3 and 4) in the rearward direction, wherein the top fairing
(68 in paragraph [0019] as shown in Figures 3 and 4) includes essentially the flange (anchoring flange 42 in paragraph [0024]) as shown in Figures 3 and 4, the leading surface (leading airflow surface 14 in paragraph [0019] as shown in Figures 3 and 4) and the tailing surface (tailing airflow surface 20 in paragraph [0019] in Figures 3 and 4) in continuity to each according to essentially two radii for guiding air thereover (in paragraph [0001]).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
CA 2961392 A1 discloses a serrated trailing edge.
Communication
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The Examiner can normally be reached from 8:30 a.m. to
4:30 p.m. EST Monday through Friday.
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The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lori Lyjak/Primary Examiner, Art Unit 3612B