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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 2, the limitation of “wherein the lower opening comprises a return part protruding in the upstream direction” is indefinite. It is not clear how an opening can comprise a physical part because the opening is merely a space that is defined by a physical part.
Claims not specifically referenced are rejected as being dependent upon a rejected base claim.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (CN 114633606 A).
Regarding claim 1, Huang discloses an air blowing structure (Figs. 1-4) comprising an outlet (see Exhibit A) for supplying air to a vehicle interior of a vehicle (intended use), wherein, among directions orthogonal to an up-down direction, a direction in which the air blows out from the outlet is a downstream direction, and a direction opposite to the downstream direction is an upstream direction (Fig. 1), the air blowing structure further comprising: an upper panel constituting an upper edge of an opening of the outlet (Exhibit A); a lower panel constituting a lower edge of the opening of the outlet (Exhibit A); an upper flow path (11) through which the air passes; and a lower flow path (12) that is provided below the upper flow path and through which the air passes, wherein the upper flow path comprises an upper opening that opens downward and that supplies the air to the vehicle interior through the outlet, wherein the lower flow path comprises a lower opening that opens upward and that supplies the air to the vehicle interior through the outlet (see Exhibit A), and wherein the lower opening has an opening area smaller than an opening area of the upper opening (as shown in Figs. 1-4, the lower opening is smaller than the upper opening).
Exhibit A
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Regarding claim 2, Huang further discloses the air blowing structure according to claim 1, wherein the lower opening comprises a return part protruding in the upstream direction. (as best understood, see how the part of 1 defining the lower opening is being interpreted as the return part and protrudes in the upstream direction)
Regarding claim 3, Huang further discloses the air blowing structure according to claim 2, wherein at least a part of the upper panel is located in the downstream direction with respect to the return part. (as shown in Fig. 1)
Regarding claim 4, Huang further discloses the air blowing structure according to claim 1, wherein the lower panel comprises an inclined surface that extends downward and in the downstream direction from an opening periphery of the outlet. (as shown in Fig. 1)
Regarding claim 5, Huang further discloses the air blowing structure according to claim 1, further comprising a curved surface (the portion at the point positioned furthest downstream of 2 as shown in Fig. 1) that is provided between the upper opening and the lower opening in the upstream direction with respect to the outlet and that is curved in a convex shape in the downstream direction. (Fig. 1)
Regarding claim 6, Huang further discloses the air blowing structure according to claim 5, wherein the air blowing structure further comprises a lower fin (4) that is provided in the lower flow path and that changes a direction of flow of the air, and wherein the lower fin has an end in the downstream direction that is located in the upstream direction with respect to the curved surface. (Figs. 1-4)
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Hamke (DE 102021123760 A1).
Regarding claim 7, Huang further discloses the air blowing structure according to claim 5, wherein the curved surface comprises a decorative part (the curved surface defined above is being interpreted as meeting this limitation because it can be “decorative”), but fails to disclose wherein the upper panel comprises a light projector that projects light toward the decorative part.
Hamke teaches an air blowing structure (Fig. 11) wherein an upper panel comprises a light projector (7) that projects light toward the decorative part. (para. [0068] – [0079])
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the air blowing structure of Huang to include a light source as taught by Hamke in order to provide a light source so that the user can visually see the upstream area of the air blowing structure. (para. [0068] – [0079])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL J GRAY whose telephone number is (571)270-0544. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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/PAUL J GRAY/Primary Examiner, Art Unit 3753
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