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 § 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krishnan et al. (US 2019/0054855 A1) in view of Mori (US 2006/0203504 A1).
Regarding claim 1, Krishnan et al. teaches a spoiler structure (12) for a vehicle (see at least figures 1-4), comprising:
an upper panel (34; see at least figure 4) comprising an extended segment that is configured to be mounted on a rear portion of the vehicle (see at least figures 1 and 2 where 34 is mounted to a vehicle);
a lower panel (30; see at least figure 4) coupled to an end segment of the upper panel (34; see at least figures 1-4);
an inner panel (32) disposed along the extended segment of the upper panel (34) and a first portion of the lower panel (30) such that a space formed between the inner panel (32) and the lower panel (30) is configured to include at least one sensor unit (18; see at least figure 4); and
a bracket (see at least figure 4) attached to a first surface of the inner panel (32) using a plurality of fasteners (see paragraph [0046]).
Krishnan et al., however, does not explicitly teach a [bracket] detachably attached to a first surface of the [inner panel] using a [plurality of fasteners].
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Mori teaches a bracket (20, Fig. 2) detachably attached to a first surface of the inner panel (inner surface of 18) using a fastener (22).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the bracket of Krishnan et al. to be detachably attached as taught by Mori to easily remove and replace components of the spoiler as needed or desired.
Regarding claim 2, Krishnan et al. modified by Mori teaches the spoiler structure according to claim 1, but Krishnan et al. does not explicitly teach wherein a removal of the [plurality of fasteners] causes the bracket to disengage from the [inner panel].
Mori teaches a bracket (20) wherein a removal of the fastener causes the bracket (20) to disengage from the inner panel (inside of 18).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the bracket of Krishnan et al. to be detachable attached as taught by Mori to easily remove and replace components of the spoiler as needed or desired.
Regarding claim 3, Krishnan et al. teaches the spoiler structure according to claim 1, wherein the spoiler structure (12) is disposed on the rear portion of a roof down of the vehicle (see at least figure 1-4).
Regarding claim 4, Krishnan et al. teaches the spoiler structure according to claim 1, wherein the extended segment of the upper panel (34) includes a first surface portion (see 34 in at least figure 4) and a second surface portion (see 34 in at least figure 4) that is exposed to a surrounding environment (see figure 1-3), and the inner panel (32) is disposed on the first surface portion (see at least figure 4).
Regarding claim 5, Krishnan et al. teaches the spoiler structure according to claim 1, wherein the lower panel (30) further includes an end portion that is flushed with the end segment of the upper panel (34; see at least figure 4).
Regarding claim 6, Krishnan et al. teaches the spoiler structure according to claim 1, wherein the lower panel (30; see at least figure 4) further includes a second portion that extends substantially at an angle with respect to the first portion of the lower panel (30; see at least figure 4).
Regarding claim 7, Krishnan et al. teaches the spoiler structure according to claim 6, wherein the second portion of the lower panel (30; see at least figure 4) includes an aperture (see at least figure 4) that provides a passage for a transmission of a light or radio signal from the sensor unit (18; see at least figure 4).
Regarding claim 8, Krishnan et al. teaches The spoiler structure according to claim 1, wherein the inner panel (32) further includes a second surface that includes a plurality of slots (see at least figure 4) configured to accommodate the plurality of fasteners (see at least paragraph [0046]).
Regarding claim 9, Krishnan et al. modified by Mori teaches the spoiler structure according to claim 1, and Krishnan et al. further teaches a sensor unit (18) configured to be removed from the spoiler structure 12 via the opening. However, Krishnan et al. does not explicitly teach wherein a disengagement of the bracket from the inner panel provides an opening.
Mori teaches disengagement of the bracket (20, Fig. 2) from the inner panel (inner surface of 18) provides an opening (where 20 is removed or disengaged from 18, an opening is provided.
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the bracket of Krishnan et al. to be detachable attached as taught by Mori to easily remove and replace components of the spoiler as needed or desired.
Regarding claim 10, Krishnan et al. teaches the spoiler structure according to claim 1, wherein an engagement of the end segment of the upper panel (34; see at least figures 1-4) with an end portion of the lower panel (30) together from a support structure (see figures 1-3) configured to provide a structural support to the spoiler structure (12; see at least figures 1 and 2).
Regarding claim 11, Krishnan et al. teaches the spoiler structure according to claim 1, wherein the sensor unit is a center high-mounted stop lamp (CHMSL) (see abstract of Krishnan et al.).
Regarding claim 12, Krishnan et al. teaches a vehicle body, comprising:
a spoiler structure (12; figures 1-2) that includes:
an upper panel (34; see figures 1-4) comprising an extended segment that is configured to be mounted on a rear portion of a vehicle (see at least figures 1 and 2);
a lower panel (30; see at least figure 1-4) coupled to an end segment of the upper panel (34);
an inner panel (32) disposed along the extended segment of the upper panel (34) and a first portion of the lower panel (30) such that a space formed between the inner panel (32) and the lower panel (30) is configured to include at least one sensor unit (18; see figures 3 and 4); and a bracket (see at least figures 3 and 4)detachably attached to a first surface of the inner panel (32) using a plurality of fasteners (see at least paragraph [0046]).
Mori teaches a bracket (20) detachably attached to a first surface of the inner panel (inner surface of 18) using a fastener (22).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the bracket of Krishnan et al. to be detachable attached as taught by Mori to easily remove and replace components of the spoiler as needed or desired.
Regarding claim 13, Krishnan et al. teaches the vehicle body according to claim 12, but Krishnan et al. does not explicitly teach wherein a removal of the [plurality of fasteners] causes the bracket to disengage from the [inner panel].
Mori teaches a bracket (20) wherein a removal of the fastener causes the bracket (20) to disengage from the inner panel (inside of 18).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the bracket of Krishnan et al. to be detachable attached as taught by Mori to easily remove and replace components of the spoiler as needed or desired.
Regarding claim 14, Krishnan et al. teaches the vehicle body according to claim 12, wherein the extended segment of the upper panel (34) includes a first surface portion (left side surface of 34) and a second surface portion (right side surface of 34)that is exposed to a surrounding environment (see figure 1-4), and the inner panel is disposed on the first surface portion (see at least figure 1-4).
Regarding claim 15, Krishnan et al. teaches the vehicle body according to claim 12, wherein the lower panel (30) further includes an end portion (see side portions of 30 in at least figure 3 and 4) that is flushed with the end segment of the upper panel (34).
Regarding claim 16, Krishnan et al. teaches the vehicle body according to claim 12, wherein the lower panel (30) further includes a second portion (see at least figure 1-4) that extends substantially at an angle with respect to the first portion of the lower panel (30; see at least figures 3 and 4).
Regarding claim 17, Krishnan et al. teaches the vehicle body according to claim 16, wherein the second portion of the lower panel (30) includes an aperture (see opening on 30 in at least figure 3 and 4) that provides a passage for a transmission of a light or radio signal from the sensor unit (18).
Regarding claim 18, Krishnan et al. teaches the vehicle body according to claim 12, wherein a disengagement of the bracket from the inner panel (32) provides an opening (see figure 3 and 4), and the sensor unit (18) is configured to be removed from the spoiler structure (12) via the opening.
Regarding claim 19, Krishnan et al. teaches a method of assembling a spoiler structure (12; see at least figure 1-4) for a vehicle (figures 1-2), the method comprising: coupling a lower panel (30) to an end segment of an upper panel (34), wherein, an extended segment of the upper panel (34) is configured to be mounted on a rear portion of the vehicle (see at least figures 1 and 2);
disposing an inner panel (32) along the extended segment of the upper panel (34) and a first portion of the lower panel (30) such that a space is formed between the inner panel (32) and the lower panel (30), wherein, the space is configured to include at least one sensor unit (18). However, Krishnan et al. does not explicitly teach detachably attaching a bracket to a first surface of the inner panel using a plurality of fasteners.
Mori teaches detachably attaching a bracket (20, figure 2) to a first surface of the inner panel (18) using a plurality of fasteners (fastener 22 and paragraph [0032] discloses the used of fastener 22, double sided adhesive tape 24 and/or other fasteners as needed and or desired).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the bracket of Krishnan et al. to be detachable attached using a plurality of fasteners as taught by Mori to easily remove and replace components of the spoiler as needed or desired.
Regarding claim 20, Krishnan et al. modified by Mori teaches the method according to claim 19, and Krishnan et al. teaches the sensor unit (18) is configured to be removed from the spoiler structure (12) via the opening (see paragraph [0046]). However, Krishnan et al. does not explicitly teach wherein the method further comprises a disengagement of the bracket from the inner panel to provide an opening.
Mori teaches wherein the method further comprises a disengagement of the bracket (20; figure 2) from the inner panel (18) to provide an opening (see where 20 is mounted in figure 2 and when disengaged, an opening is provided in 18; figure 2).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the bracket of Krishnan et al. comprise a method of disengagement of the bracket from the inner panel as taught by Mori as a method to easily remove and replace components of the spoiler as needed or desired.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are not persuasive.
Applicant argues that the prior art of record, Krishnan in view of Mori fails to disclose or render obvious all limitations of independent claims 1 and 12. In particular, applicant argues that Krishnan fails to teach a bracket detachable attached to the first surface of the inner panel using a plurality of fasteners. Applicant also points out claim 11 includes a sensor unit supported by the bracket. Applicant argues that the CHMSL of Krishnan describes brackets that are “permanently fixed together as by welding” and points out paragraph [0041]. Further, applicant states that Krishnan teaches away from the limitation of claim 1. The examiner respectfully disagrees.
In paragraph [0046] of Krishnan, “[0046] The upper shell 34 may be removably fixed, i.e., fixed so that the upper shell 34 may be removed and reinstalled without damage, e.g., by threaded fasteners (not shown), to the lower shell 30 and the bracket 32 to allow servicing of the components, e.g., sensors 18 and nozzles 42, 44, incorporated within the spoiler 12.” Paragraph [0046] clearly discloses that sensors 18 can be accessed when components of the spoiler are removed to allow servicing. Therefore, Krishnan does teach the claimed limitation and Mori further helps to clearly show the components of the spoiler are detachable.
Therefore, claim 1 remains rejected in view of the prior art of record. Independent claims 12 and 19 remain rejected for similar reasons as claim 1. Dependent claims 2-11, 13-18 and 20 remain rejected based on dependency on a rejected base claim. See rejection above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JESSICA M APENTENG/ Examiner, Art Unit 2875
/ABDULMAJEED AZIZ/ Supervisory Patent Examiner, Art Unit 2875