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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16 and 17 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventors, at the time the application was filed, had possession of the claimed invention.
Specifically, a mechanism that can move the surface element relative to the carrier element is absent. The gearwheel transmission shown in the drawings of the application, particularly Figure 8 and Figure 9, show a rack 14 that is attached to the carrier element 6, allowing for movement of the carrier element relative to the rest of the vehicle. However, this gearwheel transmission does not directly attach to the surface element, as a result, a separate mechanism needs to move the surface element relative to the carrier element. The requisite mechanism that would allow the surface element to move relative to the carrier element is not adequately described in the specification, with the lack of description exemplified by Page 5 Lines 26-30 of the specification, which in part states that “although further displacement of the surface element 4 relative to the carrier element 6 is still possible”. There is no description explaining how this further displacement of surface element 4 relative to carrier element 6 occurs within the specification. The drawings also fail to show the required mechanism. For this reason, the written description does not indicate that the applicants were in possession of the air guiding element of claim 7, wherein the surface element (i) slides along via the guide rails by a first extent while the carrier element moves in a longitudinal direction and then (ii) slides along the at least one slide track in the longitudinal direction by a second extend while the carrier element remains stationary.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 7, 8, 13-16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20240391539 A1) in view of Brin et al. (DE 10002511 A1).
Regarding claim 1, Lee et al. discloses an air guiding element for a motor vehicle comprising: a longitudinally displaceable carrier element having opposing guide rails for guiding longitudinal movement of the carrier element relative to a body of the vehicle (Lee et al. Paragraph [0076] discloses two guide rails 300 installed on opposing sides of the midpoint of a moving unit/carrier element 200 and guide its movement); and a drive element with a gearwheel transmission that is configured to drive the carrier element in a longitudinally displaceable manner (Lee et al. Annotated Figure 12, the combination of the spur gear and the rack attached to the carrier element forms a gearwheel transmission, Lee et al. Paragraph [0005] discloses rearward/longitudinal movement of the spoiler/carrier element that must be driven by the gearwheel transmission), wherein the gearwheel transmission comprises (i) a rack connected to the carrier element (Lee et al. Annotated Figure 12) and (ii) a spur gear meshed with the rack (Lee et al. Annotated Figure 12), wherein the rack is disposed at a height elevation between the opposing guide rails (Lee et al. Annotated Figure 11, the gearwheel transmission is disposed on the face of the guide rail closer to the center of the air guiding element. This is within the region between the opposing guide rails).
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Lee et al. fails to disclose a surface element articulated to the carrier element in a movably mounted manner.
Brin et al. teaches a surface element articulated to the carrier element in a movably mounted manner (Brin et al. Annotated Figure 7, the examiner interprets the surface element to be any element that moves relative to the carrier element while the carrier element is deployed).
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It would be obvious to one of ordinary skill in the art to take the carrier element, as disclosed by Lee et al., and add a surface element located within the carrier element, as taught by Brin et al., because the surface element would allow the air guiding element to move from a position optimal for travel at low speeds to a position optimal for travel at high speeds.
Regarding claim 2, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 1, wherein the carrier element is mounted in a longitudinally displaceable manner in a side part or a rear part of a motor vehicle (Lee et al. Paragraph [0005] describes a rear spoiler that moves rearward/longitudinally).
Regarding claim 3, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 2, wherein the surface element is configured to move through an opening of the side part or the rear part (Lee et al. Annotated Figure 12 shows the carrier element moving through an opening of the rear part. Since the modification to Lee et al. embeds the surface element into the carrier element, the carrier element moves through an opening of the rear part).
Regarding claim 4, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 3, wherein the surface element is arranged to be displaceably guided relative to the carrier element by at least one slide track (Brin et al. Annotated 5B-5C shows a slide track 28 and a sliding block F. The surface element goes from a retracted to an extended position as the sliding block moves along the slide track).
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Regarding claim 5, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 4, wherein at least one sliding block is connected to the surface element (Brin et al. Annotated 5B-5C shows a slide track 28 and a sliding block F. The surface element goes from a retracted to an extended position as the sliding block moves along the slide track. This correlated movement indicates connection), wherein the at least one sliding block is arranged displaceably in the at least one slide track (Brin et al. Annotated 5B-5C).
Regarding claim 7, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 1, wherein the surface element is arranged to be displaceably guided relative to the carrier element by at least one slide track (Brin et al. Annotated 5B-5C shows a slide track 28 and a sliding block F. The surface element goes from a retracted to an extended position as the sliding block moves along the slide track).
Regarding claim 8, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 7, wherein at least one sliding block is connected to the surface element (Brin et al. Annotated 5B-5C shows a slide track 28 and a sliding block F. The surface element goes from a retracted to an extended position as the sliding block moves along the slide track. This correlated movement indicates connection), wherein the at least one sliding block is arranged displaceably in the at least one slide track (Brin et al. Annotated 5B-5C).
Regarding claim 13, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 1, wherein the rack is fixed to the carrier element (Lee et al. Annotated Figure 12).
Regarding claim 15, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 7, wherein the at least one slide track and the guide rails both guide longitudinal movement of the surface element (Lee et al. Paragraph [0076] discloses two guide rails 300 installed on opposing sides of the midpoint of a moving unit/carrier element 200 and guide the movement of the carrier element. The modification of Brin et al. embedded the surface element inside the carrier element, so the guide rails guide longitudinal movement of the surface element. Brin et al. Annotated Figure 5B-5C shows the slide track guiding longitudinal movement of the surface element).
Regarding claim 16, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 7, wherein the surface element (i) slides along via the guide rails by a first extent while the carrier element moves in a longitudinal direction (Lee et al. Paragraph [0076] discloses two guide rails 300 installed on opposing sides of the midpoint of a moving unit/carrier element 200 and guide the movement of the carrier element. The modification of Brin et al. embedded the surface element inside the carrier element. The application does not disclose direct contact between the surface element and the guide rails in the specification, with the only explicit mention of the guide 11 in relation to another part of the invention on page 25 line 23 of the specification, where the carrier element is displaced along a guide. Since the application does not disclose the surface element directly sliding along the guide rails and only discloses the surface element indirectly sliding along the guide rails via the carrier element directly sliding along the guide rails, Brin et al. modified to have a surface element embedded inside the carrier element discloses the surface element sliding along the guide rails to the extent the application discloses the surface element sliding along the guide rails) and then (ii) slides along the at least one slide track in the longitudinal direction by a second extent while the carrier element remains stationary (Brin et al. Annotated Figure 5B-5C shows the surface element sliding along the slide track while the carrier element remains stationary).
Regarding claim 19, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 7, wherein the at least one slide track (Brin et al. Annotated Figure 5B-5C shows a slide track embedded inside the carrier element) and the guide rails (Lee et al. Paragraph [0076] discloses two guide rails 300 installed on opposing sides of the midpoint of a moving unit/carrier element 200) are separate components.
Regarding claim 20, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 7, wherein the at least one slide track is fixed to the carrier element (Brin et al. Annotated Figure 5B-5C shows a slide track embedded inside the carrier element, such that the slide track is fixed to the carrier element).
Claims 6, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20240391539 A1) in view of Brin et al. (DE 10002511 A1) as applied to claims 1-5, 7, 8, 13-16 and 19-20 above, and further in view of Oxley and Podkopayev (US 9802657 B2).
Regarding claim 6, Lee et al., as modified by Brin et al., discloses the air-guiding element according to claim 5, wherein the surface element is arranged to be displaceable … relative to the carrier element and/or to the opening when the at least one sliding block is displaced in the slide track (Brin et al. Annotated Figure 5B-5C shows the surface element extend out of the carrier element when the sliding block is displaced in the slide track. Since the surface element has moved while the carrier element has remained stationary, it has been displaced relative to the carrier element. Since the opening has also remained stationary while the carrier element moved, the surface element has been displaced relative to the opening).
Lee et al., as modified by Brin et al., fails to disclose the air-guiding element according to claim 5, wherein the surface element is arranged to be … pivotable relative to the carrier element and/or to the opening when the at least one sliding block is displaced in the slide track.
Oxley and Podkopayev teaches the air-guiding element according to claim 5, wherein the surface element is arranged to be … pivotable relative to the carrier element and/or to the opening when the at least one sliding block is displaced in the slide track (Oxley and Podkopayev Annotated Figures 22-23 show a curved portion of a slide track and a surface element with two sliding blocks attached and placed inside the slide track. The sliding blocks will always form a straight line, so if the line formed by the first sliding block and the second sliding block changes orientation, the connecting surface element will pivot to accommodate the new positions of the sliding blocks. Additoinally, the sliding blocks are not naturally visible in the figure, so annotated boxes exist to illustrate their approximate positions. When the sliding blocks are moved from the position of Figure 22 to the position of Figure 23, the surface element pivots, since the motion of the first sliding block and surface element has pushed the second sliding block into the curved portion of the slide track, pushing the line formed by the first and second sliding blocks into a new orientation and reorienting the surface element in the process).
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It would be obvious to one of ordinary skill in the art to take the sliding track provided by the modification of Lee et al. by Brin et al. and further adjust the sliding track to incorporate a second sliding block attached to the surface element and simultaneously introduce a curved portion to the slide track, as taught by Oxley and Podkopayev, because this adjustment would allow the surface element to pivot and assume a position that further streamlines the vehicle.
Regarding claim 17, Lee et al. as modified by Brin et al. and further adjusted by Oxley and Podkopayev disclose the air-guiding element according to claim 16, wherein the surface element slides along the at least one slide track in the longitudinal direction (Brin et al. Annotated Figure 5B-5C shows the surface element sliding along the slide track in a direction parallel with the carrier element. This direction is the longitudinal direction) as well as a transverse direction (Oxley and Podkopayev Annotated Figures 22-23 show the surface element pivoting. In the process of pivoting, the surface element slides in a transverse direction).
Regarding claim 18, Lee et al. as modified by Brin et al. and further adjusted by Oxley and Podkopayev disclose the air-guiding element according to claim 7, wherein the surface element (i) slides in a longitudinal direction via the guide rails (Lee et al. Paragraph [0076] discloses two guide rails 300 installed on opposing sides of the midpoint of a moving unit/carrier element 200 and guide the movement of the carrier element. The modification of Brin et al. embedded the surface element inside the carrier element. The application does not disclose direct contact between the surface element and the guide rails in the specification, with the only explicit mention of the guide 11 in relation to another part of the invention on page 25 line 23 of the specification, where the carrier element is displaced along a guide. Since the application does not disclose the surface element directly sliding along the guide rails and only discloses the surface element indirectly sliding along the guide rails via the carrier element directly sliding along the guide rails, Brin et al. modified to have a surface element embedded inside the carrier element discloses the surface element sliding along the guide rails to the extent the application discloses the surface element sliding along the guide rails) and (ii) slides along the at least one slide track in the longitudinal direction as well as a transverse direction (Brin et al. Annotated Figure 5B-5C shows the surface element sliding along the slide track in a direction parallel with the carrier element. This direction is the longitudinal direction. Meanwhile, Oxley and Podkopayev Annotated Figures 22-23 show the surface element pivoting. In the process of pivoting, the surface element slides in a transverse direction).
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20240391539 A1) in view of Brin et al. (DE 10002511 A1) as applied to claim 1 above, and further in view of Kishima (US 9868478 B2).
Regarding claim 9, Lee et al., as modified by Brin et al., discloses all of the limitations except a plurality of the air-guiding elements.
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Kishima teaches a plurality of the air guiding elements (Kishima Figure 6 Annotated).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to place multiple air guiding elements, each of which is individually identical to the air guiding element taught by Lee et al. as modified by Brin et al., on the rear sides of the vehicle to form a plurality of air guiding elements, as taught by Kishima, because the air guiding elements extend the length of the vehicle and thereby reduce drag. The drag reduction occurs because the side air guiding elements make the vehicle more streamlined.
Regarding claim 10, Lee et al., as modified by Brin et al., and further modified by Kishima, discloses the motor vehicle according to claim 9, wherein the air-guiding elements are disposed in a rear region of the motor vehicle and on two oppositely disposed sides of the motor vehicle (Kishima Figure 6 Annotated).
Regarding claim 11, Lee et al., as modified by Brin et al., and further modified by Kishima, discloses the motor vehicle according to claim 9, wherein at least one of the plurality of air-guiding elements is longitudinally displaceable along a straight, angled, curved or arcuate track (Brin et al. Annotated Figure 5B-5C).
Regarding claim 12, Lee et al., as modified by Brin et al., and further modified by Kishima, discloses the motor vehicle according to claim 9, wherein, for at least one of the plurality of air-guiding elements, the carrier element and the drive element with the gearwheel transmission are arranged in a side part or in a rear part of the motor vehicle (Lee et al. Paragraph [0005] discloses a spoiler with a requisite carrier element and drive element with the gearwheel transmission in the rear part of the vehicle. The modification to the air guiding elements of Lee et al., as modified by Brin et al., provided by Kishima Figure 6 Annotated arranges the air guiding elements in a side part of a vehicle. It is obvious that the vehicle in question could be a motor vehicle), and the surface element is displaceable through an opening of the side part or of the rear part (Lee et al. Annotated Figure 121 shows the carrier element and an opening that the carrier element is displaced through. Modifying Lee et al. with Brin et al. incorporates the surface element and places it inside the carrier element, such that when the carrier element is displaced through the opening of Lee et al. Annotated Figure 12, the surface element is displaced through the opening of Lee et al. Annotated Figure 12).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the applicant’s amendments have necessitated new grounds for rejection.
Examiner’s Remarks
This action is not final. Since the applicant’s arguments are moot, this action would normally be final. However, because the examiner improperly cited KR 1020230065683 A when they should have cited its American equivalent, US 20240391539 A1, in the previous action, this action is not final.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL R SACKINGER whose telephone number is (571)270-0840. The examiner can normally be reached Monday - Friday, 10 a.m. 6 p.m. ET..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 5712705500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.R.S./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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