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 .
Allowable Subject Matter
The indicated allowability of claim 1 is withdrawn in view of the newly discovered reference(s) to NPL “What Are BMW Retractable Headlight Washers?”. Rejections based on the newly cited reference(s) follow.
Claim Rejections - 35 USC § 103
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 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) 1-3, 6-11, 16, 17-19 is/are rejected under 35 U.S.C. 103 as
being unpatentable over EP 1733922 B1 (cited on IDS filed on 03/01/2024) in
view of Williams et al. US 9919748 B2 (cited on IDS filed on 03/01/2024), Krishnan et al. US 2019/0054855 A1(cited on IDS filed on 03/01/2024) and NPL “What Are BMW Retractable Headlight Washers?”.
Regarding claim 1, EP 1733922 B1 discloses a flow guiding device
(extendable guiding device 3 in paragraph [0015] as shown in Figure 1) for being
installed on a panel component (large-area impression 5 of a truck lid 6 in
paragraph [0016] as shown in Figure 1) of a motor vehicle (coupe version of a
passenger car 1 in paragraph [0015] as shown in Figure 1), the flow guiding
device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1)
comprising: at least one flow guiding element (two plastic shells 16 and 17 in
paragraph [0018]) as shown in Figures 2-3) configured to deflect headwind in a
predetermined manner, and a driving mechanism (drive device 4 in paragraph
[0015] as shown in Figure 2) configured to move the at least one flow guiding
element between a retracted position (retracted rest position A in Figure 2 in
paragraph [0015]) and at least one deployed position (fully extended operating
position C in Figure 4 in paragraph [0015]) wherein the at least one flow guiding
element (two plastic shells 16 and 17 in paragraph [0018] as shown in Figure 2)
comprises at least one sensor (distance sensor in paragraph [0010]; "The
parking assistance device 29 includes several distance sensors that emit and receive ultrasonic waves" in paragraph [0022]) to be moved between the retracted position (as shown in Figure 2) and the at least one deployed position
(as shown in Figure 4) together with the at least one flow guiding element (two
plastic shells 16 and 17 in paragraph [0018] as shown in Figure 2). and wherein
at least one sensor (The parking assistance device 29 includes several
distance sensors that emit and receive ultrasonic waves" in paragraph [0029]) is
integrated in the at least one flow guiding element (two plastic shells 16 and 17 in
paragraph [0018] as shown in Figure 2) (claim 2).
However, EP 1733922 B1 does not show at least one environment sensor
configured to send or receive electromagnetic signals for detecting a vehicle
environment, and wherein the at least one flow quidinq element comprises at least one cleaning mechanism having at least one cleaning nozzle, and the at least one cleaning nozzle is disposed on or integrated in the flow quiding element in such a manner that it can be moved between the retracted position and the at least one deployed position together with the flow guiding element.
Williams et al. US 9919748 B2 teaches there may be more than one sensor (100) on truss (92), as well as more than one type (i.e., lidar, radar, optical or the like) of sensor (100) as shown in Figure 3 in column 5, lines 40-60. The sensors (100) define a relatively small package such that upon stowing the sensing system (80) into the spoiler (95), the mounting structure (90) and sensors (100) are completely nested as shown in Figure 3. These significant miniaturization features can be employed, regardless of whether they operate within the optical, infrared, microwave or other bands within the electromagnetic spectrum in column 6, lines 11-17.
Krishnan et al. US 2019/0054855 A1 teaches a spoiler includes a plurality of optical sensors, and a plurality of washer nozzles (in paragraph [0024]); and washer nozzle (41 in paragraphs [0036] and [0037] shown in Figure 4).
“What Are BMW Retractable Headlight Washers?” teaches a retractable headlight washers.
Regarding claim 1, it would have been obvious to one having ordinary skill
in the art before the effective filing date of the claimed invention to replace the
several distance sensors on the parking assistance device integrated in flow guiding element of EP 1733922 B1 with environment sensors configured to send or receive electromagnetic signals for detecting a vehicle environment, as taught
by Williams et al. US 9919748 B2, with a reasonable expectation of success in order to detect and measure objects, conditions, and interactions in the surrounding environment without physical contact, enabling real-time, continuous monitoring for safety, navigation, and automation.
Regarding claim 1, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the flow guiding element of EP 1733922 B1, as modified, with washing nozzle, as taught by Krishnan et al., moved between a retracted position and deployed position, as taught by “What Are BMW Retractable Headlight Washers?”, with a reasonable expectation of success in order to provide a retracted and deployed washing nozzle on the flow guiding element to wash vehicle components, such as the environmental sensor.
Regarding claim 2, EP 1733922 B1, as thrice modified, discloses the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 1, wherein the at least one sensor (The parking assistance device 29 includes several distance sensors that emit and receive ultrasonic waves" in paragraph [0029]) is integrated in the at least one flow guiding element (two plastic shells 16 and 17 in paragraph [0018] as shown in Figure 2 of EP 1733922 B1).
Regarding claim 3, EP 1733922 B1, thrice as modified, discloses the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 1, wherein the at least one flow guiding element (two plastic shells 16 and 17 in paragraph [0018] as shown in Figure 2 of EP 1733922 B1) comprises at least one see-through area (area around parking assistance device 29 as shown in Figure 2 of EP 1733922 B1) through which the environment sensor (as taught by Williams et al.) can send or receive electromagnetic signals for detecting the vehicle environment.
Regarding claim 6, EP 1733922 B1, as thrice modified, discloses the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 1, wherein the driving mechanism ("The air guiding device 3 is moved into the intermediate position B via a control device (not shown) with the aid of the drive device 4" in paragraph [0022] of
EP 1733922 B1). It would be inherent that the driving mechanism comprises a
hydraulic or pneumatic or electric or mechanical drive.
Regarding claim 7, EP 1733922 B1, as thrice modified, discloses the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 1, wherein the at least one environment sensor (as taught by Williams et al.) is configured to be activated by the movement of the at least one flow guiding element (two plastic shells 16 and 17 in paragraph [0018] as shown in Figure 2 of EP 1733922 B1) from the retracted position (retracted rest position A in Figure 2 in paragraph [0015] of
EP 1733922 B1) into the at least one deployed position (fully extended operating
position c in Figure 4 in paragraph [0015] of EP 1733922 B1) and to be
deactivated by the movement of the at least one flow guiding element (two plastic
shells 16 and 17 in paragraph [0018] as shown in Figure 2 of EP 1733922 B1)
from a deployed position (fully extended operating position C in Figure 4 in
paragraph [0015] of EP 1733922 B1) into the retracted position (retracted rest
position A in Figure 2 in paragraph [0015] of EP 1733922 B1).
Regarding claim 8, EP 1733922 B1, as thrice modified, discloses the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 1, wherein the at least one environment sensor (as taught by Williams et al.) is a lidar sensor or a radar sensor or a camera sensor or a multi-camera sensor.
Regarding claim 9, EP 1733922 B1, as twice modified, discloses a motor vehicle (coupe version of a passenger car 1 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) comprising: a panel component (large-area impression 5 of a truck lid 6 in paragraph [0016] as shown in Figure 1 of EP 1733922 B1) and at least one flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 1, the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) being disposed on the panel component (large-area impression 5 of a truck lid 6 in paragraph [0016] as shown in Figure 1 of EP 1733922 B1) in such a manner that the at least one flow guiding element (two plastic shells 16 and 17 in paragraph [0018] as shown in Figure 2 of EP 1733922 B1) can be moved between the retracted position (retracted rest position A in Figure 2 in paragraph [0015] of EP 1733922 B1) and the at least one deployed position (fully extended operating position C in Figure 4 in paragraph [0015] of EP 1733922 B1).
Regarding claim 10, EP 1733922 B1, as thrice modified, discloses the motor vehicle (coupe version of a passenger car 1 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 9, wherein the at least one flow
guiding element (two plastic shells 16 and 17 in paragraph [0018] as shown in
Figure 2 of EP 1733922 B1) is flush with the panel component (large-area
impression 5 of a truck lid 6 in paragraph [0016] as shown in Figure 1 of
EP 1733922 B1) when in the retracted position (retracted rest position A in
Figure 2 in paragraph [0015] of EP 1733922 B1) and at least partially protrudes
from the panel component (large-area impression 5 of a truck lid 6 in paragraph
[0016] as shown in Figure 1 of EP 1733922 B1) when in the at least one
deployed position (fully extended operating position C in Figure 4 in paragraph
[0015] of EP 1733922 B1) so as to act as a headwind spoiler.
Regarding claim 11, EP 1733922 B1, as thrice modified, discloses the motor vehicle (coupe version of a passenger car 1 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 9, wherein the at least one flow
guiding element (two plastic shells 16 and 17 in paragraph [0018] as shown in
Figure 2 of EP 1733922 B1) forms a rear spoiler (as shown in Figures 2-4 of
EP 1733922 B1).
Regarding claim 16, EP 1733922 B1, as thrice modified, the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 1, wherein the at least one environment
sensor (as taught by Williams et al.) is configured to send and receive
electromagnetic signals for detecting a vehicle environment.
Regarding claim 17, EP 1733922 B1, as thrice modified, the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of
EP 1733922 B1) according to claim 1, wherein the at least one flow guiding
element comprises at least one see-through area (area around parking
assistance device 29 as shown in Figure 2 of EP 1733922 B1) through which the
environment sensor (as taught by Williams et al.) can send and receive
electromagnetic signals for detecting the vehicle environment.
Regarding claim 18, EP 1733922 B1, as twice modified,
discloses the flow guiding device (extendable guiding device 3 in paragraph
[0015] as shown in Figure 1 of EP 1733922 B1) according to claim 1, but does
not show wherein the driving mechanism comprises at least two of a hydraulic
and pneumatic and electric and mechanical drive.
Williams et al., teaches in some embodiments, the fairings (110) may be
secured directly to the housing (95H) in order to perform their covering function. In such configurations, hinges or related pivots similar to pivots (98) may be formed between the roof (60) and fairings (110) such that upon deployment of the sensing system (80), the fairings (110) rotate away from the roof (60) at the hinge point. Such movement may be achieved through any suitable actuation system, including motor-and-gear driven, hydraulic or pneumatic variants, and coupled to controller (105) such that their opening and closing may be made to correspond with the respective deploying and stowing movements of the sensing system (80) in column 8, lines 50-65.
Regarding claim 18, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the flow guiding device of EP 1733922 B1, as modified, with actuation system, as taught by Williams et al., with a reasonable expectation of success in order to
correspond with the respective deploying and stowing movements.
Regarding claim 19, EP 1733922 B1, as twice modified, the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of
EP 1733922 B1) according to claim 1, wherein the at least one environment
sensor (as taught by Williams et al.) is at least two environmental sensors
selected from the group of a lidar sensor, a radar sensor, a camera sensor, a
multi-camera sensor, and combinations thereof.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over
EP 1733922 B1 (cited on IDS filed on 03/01/2024) in view of Williams et al. US
9919748 B2 (cited on IDS filed on 03/01/2024) as applied to claim 1 above, and
further in view of Klatt et al. US 5923245 (cited on IDS filed on 03/01/2024).
Regarding claim 5, EP 1733922 B1, as twice modified, discloses the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 1, but does not show wherein the at least one flow guiding element comprises at least one light source disposed on or integrated in the flow guiding element in such a manner that it can be moved
between the retracted position and the at least one deployed position together
with the flow guiding element.
Klatt et al. teaches wherein the at least one flow guiding element
comprises at least one light source (rearward edge area 28 of the extendable air
guiding device 4, a second additional brake light 29 is provided, in which case,
depending on the position of the air guiding device 4 in column 3, lines 50-60 as
shown in Figure 3) disposed on or integrated in the flow guiding element
(two plastic shells 16, 17 in column 3, lines 15-20 as shown in Figure 2) in such a
manner that it can be moved between the retracted position (as shown in Figure
2) and the at least one deployed position (as shown in Figure 4) together with the
flow guiding element (two plastic shells 16, 17 in column 3, lines 15-20 as shown
in Figure 2).
Regarding claim 5, it would have been obvious to one having ordinary skill
in the art before the effective filing date of the claimed invention to make the flow
guiding device of EP 1733922 B1, as twice modified, with at least one flow guiding element comprises at least one light source disposed on or integrated in the flow guiding element in such a manner that it can be moved between the retracted position and the at least one deployed position together with the flow guiding element, as taught by Klatt et al., with a reasonable expectation of success in order to provide additional brake light when in the deployed position.
Allowable Subject Matter
Claim 12-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 12, EP 1733922 B1, as twice modified, discloses a flow guiding device (extendable guiding device 3 in paragraph [0015] shown in Figure 1) according to claim 1, the flow guiding device (extendable guiding device 3 in paragraph [0015] shown in Figure 1) being a wind deflector or a headwind spoiler (two plastic shells 16 and 17 in paragraph [0018] shown in Figures 2 and 3) and being disposed on a panel component (large-area impression 5 of truck lid 6 in paragraph [0016] as shown in Figure 1) in such a manner that it can move between the retracted position (retracted rest position A in paragraph [0015] shown in Figure 2) and the at least one deployed position (fully extended operating position C in paragraph [0015] shown in Figure 4).
However, EP 1733922 B1 does not show a roof module for forming a vehicle roof on a motor vehicle, the roof module comprising: a panel component, which at least partially forms a roof skin of the vehicle roof, the roof skin serving as an outer sealing surface of the roof module, a roof opening system comprising a lid element configured to move so as to selectively open or close a roof opening, and the panel component, which at least partially forms a roof skin of the vehicle roof, the roof skin serving as an outer sealing surface of the roof module.
Williams et al. US 9,919,748 B2 teaches a roof module (sensing system 80 in column 4, lines 15 as shown in Figure 1) for forming a vehicle roof (roof 60 in column 3, lines 50-60 as shown in Figure 1) on a motor vehicle (vehicle 10 in column 3, line 15 as shown in Figure 1), the roof module (sensing system 80 in column 4, lines 15 as shown in Figure 1) comprising; a panel component (inherent that there is a panel on the chassis 20 in column 3, lines 15-20 as shown in Figure 2), which at least partially forms a roof skin of the vehicle roof (roof 60 in column 3, lines 50-60 as shown in Figure 1), the roof skin serving as an outer sealing surface of the roof module (sensing system 80 in column 4, lines 15 as shown in Figure 1), a roof opening system (opening created by the one or more sunroofs 70 in column 3, lines 50-60 as shown in Figure 4) comprising a lid element (one or more sunroofs 70 in column 3, lines 50-60 as shown in Figure 4) configured to move so as to selectively open (as shown in Figure 2) or close a roof opening (as shown in Figure 2), and a flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) according to claim 1, the flow guiding device (extendable guiding device 3 in paragraph [0015] as shown in Figure 1 of EP 1733922 B1) being a wind deflector and/or a headwind spoiler and being disposed on the panel component (large-area impression 5 of a truck lid 6 in paragraph [0016] as shown in Figure 1 of EP 1733922 B1) in such a manner that it can move between the retracted position (retracted rest position A in Figure 2 in paragraph [0015]) and the at least one deployed position (fully extended operating position C in Figure 4 in paragraph [0015]).
However, Williams et al. US 9,919,748 B2 does not show wind deflector or a headwind spoiler can move between the retracted position and the at least one deployed position.
There is no motivation to combine EP 1733922 B1 and Williams et al. US 9,919,748 B2.
Claims 13-15 depends from claim 12.
Response to Arguments
Applicant's arguments filed 06/16/2026 have been fully considered but they are not persuasive.
Regarding claim 1, it would have been obvious to one having ordinary skill
in the art before the effective filing date of the claimed invention to replace the
several distance sensors on the parking assistance device integrated in flow guiding element of EP 1733922 B1 with environment sensors configured to send or receive electromagnetic signals for detecting a vehicle environment, as taught
by Williams et al., with a reasonable expectation of success in order to detect and measure objects, conditions, and interactions in the surrounding environment without physical contact, enabling real-time, continuous monitoring for safety, navigation, and automation.
Prior Art
No prior art.
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.
Examiner interviews are available via telephone 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, 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.
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.
/Lori Lyjak/Primary Examiner, Art Unit 3612B
Prosecution Insights