Prosecution Insights
Last updated: July 17, 2026
Application No. 18/747,018

AERODYNAMIC SYSTEM FOR A MOTOR VEHICLE

Non-Final OA §103
Filed
Jun 18, 2024
Examiner
CONDO, VERONICA MARIE
Art Unit
3612
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Trupti Heramb Awati
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
167 granted / 203 resolved
+30.3% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
19 currently pending
Career history
224
Total Applications
across all art units

Statute-Specific Performance

§103
63.2%
+23.2% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
12.6%
-27.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 203 resolved cases

Office Action

§103
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 Interpretation In Paragraph 20 of the specification, Applicant defines “canard” as: any suitable wing that is constructed and arranged to be mounted to a body of a motor vehicle. In some embodiments, the canard can include a wing and any suitable number of winglets attached to the wing.” Examiner uses this definition when applying prior art. 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. Claims 1-2, 4-5, 9-11, 13-14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fahland (US Pat 9,333,994) in view of Hammar et al. (EP 2626281). Regarding claim 1, Fahland discloses an aerodynamic system 28, comprising: a first canard 30 extending from a first surface of a body 14 of an automobile 10 (see Figures 1-3; Col. 3, lines 33-56); one or more actuators 36 operably coupled to the first canard 30, the one or more actuators 36 being configured at least to rotate the first canard 30 about a rotational axis 34 generally perpendicular to the first surface of the body (see Figure 3; Col. 4, lines 14-31); one or more controllers 38 in operable communication with at least the one or more actuators 36, wherein the one or more controllers 38 are configured at least to: send at least a first command signal to the one or more actuators 36 to rotate the first canard 30 from a first angle to a second angle based on a look-up table 39 (see Figure 3; Col. 5, lines 19-37). The canard 30 is described as a “wing-shaped body”, meeting the definition of a canard set forth and defined in paragraph 2 above. The look-up table 39 is developed during testing Fahland fails to explicitly disclose that the one or more controllers are configured to send at least a second command signal to the one or more actuators to rotate the first canard from the second angle to a third angle; wherein the third angle is different than the first angle and the second angle. Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to include first, second, and third angles in the look-up table of Fahland, such that the one or more controllers are configured to send at least a second command signal to the one or more actuators to rotate the first canard from the second angle to a third angle, wherein the third angle is different than the first angle and the second angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Regarding claim 2, Fahland, as modified by Hammar et al., discloses the aerodynamic system of claim 1, further comprising: at least one tachometer 44 in operable communication with the one or more controllers 38, wherein the one or more controllers 38 are configured to receive first tachometer data from the at least one tachometer 44 and vary the angle of the first canard 30 in response to the data received from the tachometer 44 (see Col. 4, line 66-Col. 5, line 37). A tachometer is defined as a rotation speed measuring device; Fahland, as modified by Hammar et al., discloses a “wheel speed sensor”, which measures the rotation speed of a wheel, meeting the definition of a tachometer. Fahland, as modified by Hammar et al., fail to dislcose the one or more controllers 38 are further configured to: to receive second tachometer data from the at least one tachometer wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first tachometer data from the at least one tachometer, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second tachometer data from the at least one tachometer, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle. Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). The controller 38 moves the one or more actuators 14 in response to data received by a sensor 17 (see Figures 1-3; Paragraphs 44-46). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to configure the one or more controllers of Fahland, as modified by Hammar et al., to receive second tachometer data from the at least one tachometer, wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first tachometer data from the at least one tachometer, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second tachometer data from the at least one tachometer, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Regarding claim 4, Fahland, as modified by Hammar et al., disclose the aerodynamic system of claim 2, wherein the at least one tachometer 44 includes at least one wheel speed sensor (see Figure 2; Col. 4, line 66-Col. 5, line 6). Regarding claim 5, Fahland, as modified by Hammar et al., discloses the aerodynamic system of claim 1, further comprising: at least one steering angle sensor 50 in operable communication with the one or more controllers 38, wherein the one or more controllers 38 are configured to receive first steering angle sensor data from the at least one steering angle sensor 50 and vary the angle of the first canard 30 in response to the data received from the steering angle sensor 50 (see Figures 1-3; Col. 5, lines 19-37, 51-65). Fahland, as modified by Hammar et al., fail to dislcose the one or more controllers 38 are further configured to: to receive second steering angle sensor data from the at least one steering angle sensor wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first steering angle sensor data from the at least one steering angle sensor, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second steering angle sensor data from the at least one steering angle sensor, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle. Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). The controller 38 moves the one or more actuators 14 in response to data received by a sensor 17 (see Figures 1-3; Paragraphs 44-46). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to configure the one or more controllers of Fahland, as modified by Hammar et al., to receive second steering angle sensor data from the at least one steering angle sensor, wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first steering angle sensor data from the at least one steering angle sensor, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second steering angle sensor data from the at least one steering angle sensor, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Regarding claim 9, Fahland, as modified by Hammar et al., disclose the aerodynamic system of claim 1, wherein the one or more actuators 38 include: an electric motor in rotational communication with the first canard 30, the electric motor being constructed and arranged to rotate the first canard 30 about the rotational axis generally perpendicular to the first surface of the body 14 (see Figures 1-3; Col. 4, lines 14-31). Regarding claim 10, Fahland discloses an aerodynamic system 28, comprising: a first canard 30 extending from a first surface of a body 14 of an automobile 10 (see Figures 1-3; Col. 3, lines 33-56); one or more actuators 36 operably coupled to the first canard 30, the one or more actuators 36 being configured at least to rotate the first canard 30 about a rotational axis 34 extending through the first surface of the body (see Figure 3; Col. 4, lines 14-31); one or more controllers 38 in operable communication with at least the one or more actuators 36, wherein the one or more controllers 38 are configured at least to: send at least a first command signal to the one or more actuators 36 to rotate the first canard 30 from a first angle to a second angle based on a look-up table 39 (see Figure 3; Col. 5, lines 19-37). The canard 30 is described as a “wing-shaped body”, meeting the definition of a canard set forth and defined in paragraph 2 above. The look-up table 39 is developed during testing Fahland fails to explicitly disclose that the one or more controllers are configured to send at least a second command signal to the one or more actuators to rotate the first canard from the second angle to a third angle; wherein the third angle is different than the first angle and the second angle. Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to include first, second, and third angles in the look-up table of Fahland, such that the one or more controllers are configured to send at least a second command signal to the one or more actuators to rotate the first canard from the second angle to a third angle, wherein the third angle is different than the first angle and the second angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Regarding claim 11, Fahland, as modified by Hammar et al., discloses the aerodynamic system of claim 10, further comprising: at least one tachometer 44 in operable communication with the one or more controllers 38, wherein the one or more controllers 38 are configured to receive first tachometer data from the at least one tachometer 44 and vary the angle of the first canard 30 in response to the data received from the tachometer 44 (see Col. 4, line 66-Col. 5, line 37). A tachometer is defined as a rotation speed measuring device; Fahland, as modified by Hammar et al., discloses a “wheel speed sensor”, which measures the rotation speed of a wheel, meeting the definition of a tachometer. Fahland, as modified by Hammar et al., fail to dislcose the one or more controllers 38 are further configured to: to receive second tachometer data from the at least one tachometer wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first tachometer data from the at least one tachometer, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second tachometer data from the at least one tachometer, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle. Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). The controller 38 moves the one or more actuators 14 in response to data received by a sensor 17 (see Figures 1-3; Paragraphs 44-46). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to configure the one or more controllers of Fahland, as modified by Hammar et al., to receive second tachometer data from the at least one tachometer, wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first tachometer data from the at least one tachometer, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second tachometer data from the at least one tachometer, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Regarding claim 13, Fahland, as modified by Hammar et al., disclose the aerodynamic system of claim 11, wherein the at least one tachometer 44 includes at least one wheel speed sensor (see Figure 2; Col. 4, line 66-Col. 5, line 6). Regarding claim 14, Fahland, as modified by Hammar et al., discloses the aerodynamic system of claim 10, further comprising: at least one steering angle sensor 50 in operable communication with the one or more controllers 38, wherein the one or more controllers 38 are configured to receive first steering angle sensor data from the at least one steering angle sensor 50 and vary the angle of the first canard 30 in response to the data received from the steering angle sensor 50 (see Figures 1-3; Col. 5, lines 19-37, 51-65). Fahland, as modified by Hammar et al., fail to dislcose the one or more controllers 38 are further configured to: to receive second steering angle sensor data from the at least one steering angle sensor wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first steering angle sensor data from the at least one steering angle sensor, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second steering angle sensor data from the at least one steering angle sensor, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle. Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). The controller 38 moves the one or more actuators 14 in response to data received by a sensor 17 (see Figures 1-3; Paragraphs 44-46). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to configure the one or more controllers of Fahland, as modified by Hammar et al., to receive second steering angle sensor data from the at least one steering angle sensor, wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first steering angle sensor data from the at least one steering angle sensor, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second steering angle sensor data from the at least one steering angle sensor, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Regarding claim 18, Fahland, as modified by Hammar et al., disclose the aerodynamic system of claim 10, wherein the one or more actuators 38 include: an electric motor in rotational communication with the first canard 30, the electric motor being constructed and arranged to rotate the first canard 30 about the rotational axis generally perpendicular to the first surface of the body 14 (see Figures 1-3; Col. 4, lines 14-31). Regarding claim 19, Fahland discloses an aerodynamic system 28, comprising: a first canard 30 extending from a first surface of a body 14 of an automobile 10 (see Figures 1-3; Col. 3, lines 33-56); one or more actuators 36 operably coupled to the first canard 30, the one or more actuators 36 being configured at least to rotate the first canard 30 (see Figure 3; Col. 4, lines 14-31); one or more controllers 38 in operable communication with at least the one or more actuators 36, wherein the one or more controllers 38 are configured at least to: send at least a first command signal to the one or more actuators 36 to rotate the first canard 30 from a first angle to a second angle based on a look-up table 39 (see Figure 3; Col. 5, lines 19-37). The canard 30 is described as a “wing-shaped body”, meeting the definition of a canard set forth and defined in paragraph 2 above. The look-up table 39 is developed during testing Fahland fails to explicitly disclose that the one or more controllers are configured to send at least a second command signal to the one or more actuators to rotate the first canard from the second angle to a third angle; wherein the third angle is different than the first angle and the second angle. Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to include first, second, and third angles in the look-up table of Fahland, such that the one or more controllers are configured to send at least a second command signal to the one or more actuators to rotate the first canard from the second angle to a third angle, wherein the third angle is different than the first angle and the second angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Regarding claim 20, Fahland, as modified by Hammar et al., disclose the aerodynamic system of claim 19, wherein the one or more actuators 38 include: an electric motor in rotational communication with the first canard 30, the electric motor being constructed and arranged to rotate the first canard 30 about the rotational axis 34 generally perpendicular to the first surface of the body 14 (see Figures 1-3; Col. 4, lines 14-31). Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Fahland, as modified by Hammar et al. twice, in view of Chang et al. (US Pat 10,174,693). Regarding claim 3, Fahland, as modified by Hammar et al. twice, discloses the aerodynamic system of claim 2. Fahland, as modified by Hammar et al. twice, fails to disclose the at least one tachometer includes at least one crankshaft sensor. Chang et al. disclose a tachometer 275 of a vehicle that detects speed using a crankshaft sensor 242 and a wheel speed sensor 221 (see Col. 5, lines 32-58). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to include a crankshaft sensor in the aerodynamic system of Fahland, as modified by Hammar et al., with a reasonable expectation of success, as taught by Chang et al., to provide an accurate measure of the effect of the aerodynamic system on the performance of the vehicle engine. Regarding claim 12, Fahland, as modified by Hammar et al. twice, discloses the aerodynamic system of claim 11. Fahland, as modified by Hammar et al. twice, fails to disclose the at least one tachometer includes at least one crankshaft sensor. Chang et al. disclose a tachometer 275 of a vehicle that detects speed using a crankshaft sensor 242 and a wheel speed sensor 221 (see Col. 5, lines 32-58). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to include a crankshaft sensor in the aerodynamic system of Fahland, as modified by Hammar et al., with a reasonable expectation of success, as taught by Chang et al., to provide an accurate measure of the effect of the aerodynamic system on the performance of the vehicle engine. Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Fahland, as modified by Hammar et al., in view of Handzel, Jr. (US PG Pub 2016/0304139). Regarding claim 6, Fahland, as modified by Hammar et al., discloses the aerodynamic system of claim 1. Fahland, as modified by Hammar et al., fails to disclose at least one brake fluid pressure sensor in operable communication with the one or more controllers, wherein the one or more controllers are further configured to: receive first brake fluid pressure sensor data from the at least one brake fluid pressure sensor; and receive second brake fluid pressure sensor data from the at least one brake fluid pressure sensor; wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first brake fluid pressure sensor data from the at least one brake fluid pressure sensor, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second brake fluid pressure sensor data from the at least one brake fluid pressure sensor, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle. Handzel, Jr. discloses a vehicle 20 having an aerodynamic system 34 and a brake fluid pressure sensor 66 used to sense the brake fluid pressure applied at the wheels 68 and communicates with a controller 56 that determines if the brake fluid pressure is less than the calibrated minimum brake fluid pressure 124 (see Paragraphs 31-33). Once the brake fluid pressure is sent to the controller 56, the controller 56 adjusts the aerodynamic system 34, by an actuating system 72, to an optimal operating position (see Paragraphs 34-36). Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). The controller 38 moves the one or more actuators 14 in response to data received by a sensor 17 (see Figures 1-3; Paragraphs 44-46). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the aerodynamic system of Fahland, as modified by Hammar et al., with a brake fluid pressure sensor, with a reasonable expectation of success, to assist in determining the optimal position of the aerodynamic system, as taught by Handzel, Jr.. It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to configure the one or more controllers of Fahland, as modified by Hammar et al. and Handzel, Jr., to receive second brake fluid pressure sensor data from the at least one brake fluid pressure sensor, wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first brake fluid pressure sensor data from the at least one brake fluid pressure sensor, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second brake fluid pressure sensor data from the at least one brake fluid pressure sensor, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Regarding claim 15, Fahland, as modified by Hammar et al., discloses the aerodynamic system of claim 10. Fahland, as modified by Hammar et al., fails to disclose at least one brake fluid pressure sensor in operable communication with the one or more controllers, wherein the one or more controllers are further configured to: receive first brake fluid pressure sensor data from the at least one brake fluid pressure sensor; and receive second brake fluid pressure sensor data from the at least one brake fluid pressure sensor; wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first brake fluid pressure sensor data from the at least one brake fluid pressure sensor, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second brake fluid pressure sensor data from the at least one brake fluid pressure sensor, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle. Handzel, Jr. discloses a vehicle 20 having an aerodynamic system 34 and a brake fluid pressure sensor 66 used to sense the brake fluid pressure applied at the wheels 68 and communicates with a controller 56 that determines if the brake fluid pressure is less than the calibrated minimum brake fluid pressure 124 (see Paragraphs 31-33). Once the brake fluid pressure is sent to the controller 56, the controller 56 adjusts the aerodynamic system 34, by an actuating system 72, to an optimal operating position (see Paragraphs 34-36). Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). The controller 38 moves the one or more actuators 14 in response to data received by a sensor 17 (see Figures 1-3; Paragraphs 44-46). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the aerodynamic system of Fahland, as modified by Hammar et al., with a brake fluid pressure sensor, with a reasonable expectation of success, to assist in determining the optimal position of the aerodynamic system, as taught by Handzel, Jr.. It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to configure the one or more controllers of Fahland, as modified by Hammar et al. and Handzel, Jr., to receive second brake fluid pressure sensor data from the at least one brake fluid pressure sensor, wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first brake fluid pressure sensor data from the at least one brake fluid pressure sensor, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second brake fluid pressure sensor data from the at least one brake fluid pressure sensor, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Fahland, as modified by Hammar et al., in view of Heil et al. (US Pat 9,828,044). Regarding claim 7, Fahland, as modified by Hammar et al., discloses the aerodynamic system of claim 1. Fahland, as modified by Hammar et al., fails to disclose at least one accelerometer in operable communication with the one or more controllers, wherein the one or more controllers are further configured to: receive first accelerometer data from the at least one accelerometer; and receive second accelerometer data from the at least one accelerometer; wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first accelerometer data from the at least one accelerometer, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second accelerometer data from the at least one accelerometer, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle. Heil et al. disclose a vehicle 10 having aerodynamic system 44 and an accelerometer 68 used to detect longitudinal forces and lateral g-forces acting on the vehicle 10. (see Figure 1; Col. 6, lines 52-56). The data collected by the accelerometer 68 is used by a controller 48 to adjust the aerodynamic system 44 in response to the data collected (see Figure 1; Col. 6, line 57-Col. 7, line 13). The acceleration data is used to aid in handling of the vehicle 10 and achieve the target dynamic response of the vehicle 10 (see Col. 7, lines 6-13). Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). The controller 38 moves the one or more actuators 14 in response to data received by a sensor 17 (see Figures 1-3; Paragraphs 44-46). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the aerodynamic system of Fahland, as modified by Hammar et al., with an accelerometer, with a reasonable expectation of success, to assist in achieving the target dynamic response of the vehicle, as taught by Heil et al.. It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to configure the one or more controllers of Fahland, as modified by Hammar et al. and Heil et al., to receive second accelerometer data from the at least one accelerometer, wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first accelerometer data from the at least one accelerometer, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second accelerometer data from the at least one accelerometer, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Regarding claim 16, Fahland, as modified by Hammar et al., discloses the aerodynamic system of claim 10. Fahland, as modified by Hammar et al., fails to disclose at least one accelerometer in operable communication with the one or more controllers, wherein the one or more controllers are further configured to: receive first accelerometer data from the at least one accelerometer; and receive second accelerometer data from the at least one accelerometer; wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first accelerometer data from the at least one accelerometer, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second accelerometer data from the at least one accelerometer, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle. Heil et al. disclose a vehicle 10 having aerodynamic system 44 and an accelerometer 68 used to detect longitudinal forces and lateral g-forces acting on the vehicle 10. (see Figure 1; Col. 6, lines 52-56). The data collected by the accelerometer 68 is used by a controller 48 to adjust the aerodynamic system 44 in response to the data collected (see Figure 1; Col. 6, line 57-Col. 7, line 13). The acceleration data is used to aid in handling of the vehicle 10 and achieve the target dynamic response of the vehicle 10 (see Col. 7, lines 6-13). Hammar et al. disclose an aerodynamic system, comprising: a first air guide 11 extending from a first surface 3 of a body 2 of an automobile 1 (see Figure 3; Paragraph 35); one or more actuators 14 operably coupled to the first air guide 11, the one or more actuators 14 being configured at least to rotate the first air guide 11 about a rotational axis y (see Figure ; Paragraph 39); one or more controllers 18 in operable communication with at least the one or more actuators 14, wherein the one or more controllers 18 are configured at least to: send at least a first command signal to the one or more actuators 14 to rotate the first air guide 11 from a first angle to a second angle (see Figures 1-2; Paragraphs 40-41 and 46); send at least a second command signal to the one or more actuators 14 to rotate the first air guide 11 from the second angle to a third angle (see Figures 2-3; Paragraphs 30 and 46); wherein the third angle is different than the first angle and the second angle (see Figures 1-3). The angle of inclination is varied in order to ensure that the air guide is always positioned at an optimum angle (see Paragraph 21). The controller 38 moves the one or more actuators 14 in response to data received by a sensor 17 (see Figures 1-3; Paragraphs 44-46). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the aerodynamic system of Fahland, as modified by Hammar et al., with an accelerometer, with a reasonable expectation of success, to assist in achieving the target dynamic response of the vehicle, as taught by Heil et al.. It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to configure the one or more controllers of Fahland, as modified by Hammar et al. and Heil et al., to receive second accelerometer data from the at least one accelerometer, wherein sending at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle includes sending, in response to at least receiving the first accelerometer data from the at least one accelerometer, at least the first command signal to the one or more actuators to rotate the first canard from the first angle to the second angle; wherein sending at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle includes sending, in response to at least receiving the second accelerometer data from the at least one accelerometer, at least the second command signal to the one or more actuators to rotate the first canard from the second angle to the third angle, with a reasonable expectation of success, to ensure that the first canard is always positioned at an optimum angle, as taught by Hammar et al.. Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Fahland, as modified by Hammar et al., in view of Ito et al. (US Pat 5,090,766). Regarding claim 8, Fahland, as modified by Hammar et al., discloses the aerodynamic system of claim 1. Fahland, as modified by Hammar et al., fails to disclose the one or more actuators include: a hydraulic cylinder having a piston and piston rod, the piston rod being in mechanical communication with the first canard; a hydraulic pump operably coupled to the hydraulic cylinder; a hydraulic pump actuator constructed and arranged to actuate the hydraulic pump so that the hydraulic cylinder rotates the first canard about the rotational axis generally perpendicular to the first surface of the body. Ito et al. disclose an aerodynamic system, comprising: a first canard 5 extending from a first surface 3 of a body 1 of an automobile (see Figures 1-3; Col. 3, lines 4-14); one or more actuators 11 operably coupled to the first canard 5, the one or more actuators 11 being configured at least to rotate the first canard 5 about a rotational axis generally perpendicular to the first surface 3 of the body 1 (see Figures 1-3; Col. 3, lines 8-36); one or more controllers 15 in operable communication with at least the one or more actuators 11 (see Figures 4-8; Col. 3, lines 37-50). The one or more actuators 11 include: a hydraulic cylinder 35 having a piston 57 and piston rod 37, the piston rod 37 being in mechanical communication with the first canard 5 (see Figure 12; Col. 7, lines 31-44); a hydraulic pump 39 operably coupled to the hydraulic cylinder 35; a hydraulic pump actuator 43 constructed and arranged to actuate the hydraulic pump 39 so that the hydraulic cylinder 35 rotates the first canard 5 about the rotational axis generally perpendicular to the first surface 3 of the body 1 (see Figures 3 and 12; Col. 7, lines 31-56). The hydraulic system provides a higher steering characteristic and superior vehicular body attitude control (see Col. 8, lines 16-22). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the actuator of Fahland, as modified by Hammar et al., to include a hydraulic cylinder having a piston and piston rod, the piston rod being in mechanical communication with the first canard; a hydraulic pump operably coupled to the hydraulic cylinder; a hydraulic pump actuator constructed and arranged to actuate the hydraulic pump so that the hydraulic cylinder rotates the first canard about the rotational axis generally perpendicular to the first surface of the body, with a reasonable expectation of success, to provide a higher steering characteristic and superior vehicular body attitude control, as taught by Ito et al.. Regarding claim 17, Fahland, as modified by Hammar et al., discloses the aerodynamic system of claim 10. Fahland, as modified by Hammar et al., fails to disclose the one or more actuators include: a hydraulic cylinder having a piston and piston rod, the piston rod being in mechanical communication with the first canard; a hydraulic pump operably coupled to the hydraulic cylinder; a hydraulic pump actuator constructed and arranged to actuate the hydraulic pump so that the hydraulic cylinder rotates the first canard about the rotational axis generally perpendicular to the first surface of the body. Ito et al. disclose an aerodynamic system, comprising: a first canard 5 extending from a first surface 3 of a body 1 of an automobile (see Figures 1-3; Col. 3, lines 4-14); one or more actuators 11 operably coupled to the first canard 5, the one or more actuators 11 being configured at least to rotate the first canard 5 about a rotational axis generally perpendicular to the first surface 3 of the body 1 (see Figures 1-3; Col. 3, lines 8-36); one or more controllers 15 in operable communication with at least the one or more actuators 11 (see Figures 4-8; Col. 3, lines 37-50). The one or more actuators 11 include: a hydraulic cylinder 35 having a piston 57 and piston rod 37, the piston rod 37 being in mechanical communication with the first canard 5 (see Figure 12; Col. 7, lines 31-44); a hydraulic pump 39 operably coupled to the hydraulic cylinder 35; a hydraulic pump actuator 43 constructed and arranged to actuate the hydraulic pump 39 so that the hydraulic cylinder 35 rotates the first canard 5 about the rotational axis generally perpendicular to the first surface 3 of the body 1 (see Figures 3 and 12; Col. 7, lines 31-56). The hydraulic system provides a higher steering characteristic and superior vehicular body attitude control (see Col. 8, lines 16-22). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the actuator of Fahland, as modified by Hammar et al., to include a hydraulic cylinder having a piston and piston rod, the piston rod being in mechanical communication with the first canard; a hydraulic pump operably coupled to the hydraulic cylinder; a hydraulic pump actuator constructed and arranged to actuate the hydraulic pump so that the hydraulic cylinder rotates the first canard about the rotational axis generally perpendicular to the first surface of the body, with a reasonable expectation of success, to provide a higher steering characteristic and superior vehicular body attitude control, as taught by Ito et al.. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dietrich et al. (US Pat 7,938,358) disclose a vehicle with an aerodynamic system including a first canard that rotates about a first surface of the vehicle using a hydraulic actuator. Ondracek (US Pat 8,308,222) disclose a vehicle having an aerodynamic system positioned on a side surface of a vehicle having a hydraulic actuator and a controller. Auden et al. (US Pat 9,381,957) disclose an aerodynamic system for a vehicle having a first canard rotatable about an axis perpendicular to a first surface of a vehicle by an actuator and a controller. Smith (US Pat 10,589,801) discloses an aerodynamic system for a vehicle having a first canard disposed on a side surface of a vehicle and actuated by an actuator controlled by a controller. Petrusson (US Pat 12,122,461) discloses an aerodynamic system for a vehicle having a first canard having an actuator and a controller. Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST. 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, Amy Weisberg can be reached at (571) 270-5500. 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. /VERONICA M CONDO/ Examiner, Art Unit 3612 /AMY R WEISBERG/ Supervisory Patent Examiner, Art Unit 3612
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Prosecution Timeline

Jun 18, 2024
Application Filed
Jun 18, 2026
Non-Final Rejection mailed — §103 (current)

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