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 .
Claim Objections
Claims 4, 5, 13, and 14 are objected to because of the following informalities: the recitation of “vane engagement features” in claims 4 and 13 have no antecedent basis in the Specification and claims, and appears to refer to “vane engagement fingers”. Appropriate correction is required. Claims 5 and 14 are objected to by virtue of their dependence on claims 4 and 13, respectively.
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) 1, 2, 6, 9, 10, 11, 15, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 209479413 U to Wang et al. (Wang).
In reference to independent claim 1, Wang discloses:
A kinematic linkage assembly for an active grille shutter system comprising:
a frame (1) forming an aperture, wherein the frame is connectable to a vehicle (see Background) and has a kinematic end cap and an end cap at opposing sides of the aperture;
a drive vane and at least one driven vane (blades 3), wherein the drive vane and the at least one driven vane are each connected to the kinematic end cap at a first end and the end cap at a second end (see Fig. 1), wherein the drive vane and the at least one driven vane are each moveable between an open position and a closed position (“from FIG. 1 It can be seen in this embodiment, the rotating shaft 2 is provided in plurality, and the adjacent two rotating shafts 2 of the driven gear 4 are engaged with each other, the driving gear 13 engaged with one of the driven gear 4. Further, in this embodiment, the drive shaft 9 located on the rotating shaft 2, the driving gear 13 and the rotating shaft 2 of the driven gear 4. In other embodiments, the drive shaft 9 can also be located on the shaft 2 the middle or lower position. by setting a plurality of rotating shaft, which can realize the opening and closing action of a number of blade, increases the active intake adjusting range of the air inlet grid.”), such that when the drive vane and the at least one driven vane are in the closed position, air is prevented from moving through the aperture of the frame, and when the drive vane and the at least one driven vane are in the open position, air moves through the aperture of the frame;
a drive gear (13) rotatably connected to the kinematic end cap, the drive gear has a drive portion connected to an actuator (5), the drive includes a gear portion (4) circumscribing the drive portion and having a plurality of teeth on the outer circumference of the gear portion, wherein the first end of the drive vane is connected to the drive gear (see Fig. 1); and
at least one driven gear (4) rotatably connected to the kinematic end cap and at least one driven vane (3) (see Fig. 1), wherein the at least one driven gear includes a plurality of teeth on the outer circumference of the gear portion that are in mesh engagement with the plurality of teeth of the gear portion of the drive gear so that rotation of the drive gear causes rotation of the at least one driven gear (see Fig. 1).
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In reference to independent claim 10, Wang further discloses: a second driven gear (4; see Fig. 1, which shows multiple gears 4)rotatably connected to the kinematic end cap and a second one of the plurality of driven vanes, the second driven gear has a plurality of teeth on the outer circumference of the second driven gear that are in mesh engagement with the plurality of teeth of the first driven gear so that rotation of the first driven gear causes rotation of the second driven gear.
In reference to dependent claims 2 and 11, Wang further discloses: the gear ratio of the drive gear to the at least one driven gear is 1:1 (“In this embodiment, the number of the guide bar 6 is set to be 8, number of positioning bar (10) is 4, a driving gear 13 and a driven gear 4 have the same tooth number, relationship i.e. transmission ratio is 1:1”).
In reference to dependent claims 6 and 15, Wang further discloses: a closed end stop on the frame (1) that the at least one driven vane (3) contacts when the at least one driven vane (4) is rotated to the closed position (see Fig. 1).
In reference to dependent claims 9 and 18, Wang further discloses: an actuator (“driving device”) connected to the drive portion of the driven gear so that the drive portion rotates the actuator [that] rotates the driven gear (4) (“As shown in FIG. 1, FIG. 3 and FIG. 5, the driving device of the embodiment comprises a power unit and a sliding set in the housing 5 of the drive shaft 16. In this embodiment, the power unit is a coil 15, the structure of such a power unit is simple, it is convenient to use. In this embodiment, the power unit is configured to drive the drive shaft 16 slides within the housing 5. the iron core part in this embodiment, the drive shaft 16 a coaxial connection 161 and the pushing part 162, the iron core portion 161 is inserted into the coil 15, the coil 15 is electrified, it can drivethe drive shaft 16. the power unit is electric push rod can also be cam capable of rotating or linear motion of the other components.”). The driving device of Wang is coupled to and drives the driving gear 13 which rotates the driven gear 4.
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.
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.
Claim(s) 3, 7, 12, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang.
In reference to dependent claims 3 and 12, Wang is silent regarding the at least one driven gear having at least one pair of vane engagement fingers configured to connect to the first end of the at least one driven vane. However, this feature would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in order to attach each driven gear (4) to the corresponding vane (3).
In reference to dependent claims 7 and 16, Wang is silent regarding an open end stop on the frame that contacts the at least one driven vane when the at least one drive vane is rotated to the open position, wherein the open end stop prevents over rotation of the at least one driven vane. Wang discloses “[w]hen the engine is heat load continue to increase, requiring large flow cooling air for cooling, the driving coil is electrified once the intake grill, the driving blade 3 as the shaft 2 rotates 45 degrees, the active intake grille in the full open state, the front end cooling air can completely enters the engine compartment without any barrier.” Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the frame of Wang to include a stop in order to allow for vanes (3) to fully open and for air to fully enter the engine compartment without obstructions (i.e. from over-opening).
Allowable Subject Matter
Claims 4, 5, 8, 13, 14, and 17 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 claims 4 and 13, the prior art of record does not disclose or teach the gear portion includes at least one pair of vane engagement tabs, wherein at least one pair of vane engagement fingers and at least one pair of vane engagement tabs are configured to connect to the first end of the drive vane, thereby allowing the gear portion and the drive portion rotate together as rotational force from the actuator is transferred from the actuator to the driven portion and transferred through the first end of the drive vane and onto the geared portion.
Regarding claims 8 and 17, the prior art of record does not disclose or teach a plurality of small teeth on the drive gear and a plurality of small teeth on the at least one driven gear positioned adjacent the plurality of small teeth on the drive gear during formation of the drive gear and the at least one driven gear so that there is no contact between the plurality of small teeth on the driven gear and the plurality of small teeth on the drive gear.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ngoc T Nguyen whose telephone number is (571)272-7176. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NGOC T NGUYEN/Primary Examiner, Art Unit 3799
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