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 .
Status of Application
Claims 1-20 are pending and have been examined in this application. This communication is the first action on the merits. The Information Disclosure Statement (IDS) filed on 08/08/2024 has been considered by the Examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 & 11-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Number 9,440,511 B2 to Hofmann.
A) As per Claims 1 & 11, Hofmann teaches a motor vehicle (Hofmann: Col. 1, lines 40-54) comprising:
a body defining a cabin interior (Hofmann: Col. 1, lines 40-54);
an opening (Hofmann: Opening around Item 50 in Figure 2) providing fluid communication between the cabin interior and an outside environment; and
an air extractor (Hofmann: Figure 2) disposed in the opening, the air extractor comprising:
a housing (Hofmann: Figure 2, Item 50) in airflow communication with the cabin interior and defining an airflow exhaust outlet;
one or more flaps (Hofmann: Figure 2, Items 52) disposed within the airflow exhaust outlet and moveable between an open position allowing air to flow through the airflow exhaust outlet and a closed position closing off the airflow exhaust outlet and preventing air from flowing through the airflow exhaust outlet; and
a deflector cover (Hofmann: most clearly shown in Figure 1, but present and attached to Item 50 in Figure 2) positioned to at least partially block air from flowing freely through the airflow exhaust outlet to reduce flapping sounds that may be generated by the one or more flaps.
B) As per Claims 2 & 12, Hofmann teaches that the deflector cover is coupled to the housing (Hofmann: Figure 2, Item 46 and 54 attach).
C) As per Claims 3 & 13, Hofmann teaches that the deflector cover is located on an inboard side of the housing (Hofmann: right side of Figure 2 is the interior of the vehicle).
D) As per Claims 4 & 14, Hofmann teaches that the air deflector cover includes a planer portion (Hofmann: Figure 1, Items 42 are planar).
E) As per Claims 5 & 15, Hofmann teaches that the air deflector cover comprises a curved portion (Hofmann: Figure 1, Items 40 have curve at bottom and Item 38 has curve at top).
F) As per Claims 6 & 16, Hofmann teaches that the curved portion curves inward towards the housing (Hofmann: Figure 1, Items 40 & 38 curve toward the housing attached on the left side in Figure 2).
Claim(s) 1-2, 7-12 & 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Number 4,781,106 to Frien.
A) As per Claims 1 & 11, Frien teaches a motor vehicle (Frien: Figure 3) comprising:
a body (Frien: Figure 3, Item 15) defining a cabin interior;
an opening (Frien: Figure 3, opening in Item 15 to hold the vent) providing fluid communication between the cabin interior and an outside environment; and
an air extractor (Frien: Figures 1-3, Item 1) disposed in the opening, the air extractor comprising:
a housing (Frien: Figure 3, Item 2) in airflow communication with the cabin interior and defining an airflow exhaust outlet;
one or more flaps (Frien: Figure 3, Items 5-6) disposed within the airflow exhaust outlet and moveable between an open position allowing air to flow through the airflow exhaust outlet and a closed position closing off the airflow exhaust outlet and preventing air from flowing through the airflow exhaust outlet; and
a deflector cover (Frien: Figure 3, Items 19 & 21; Col. 2, lines 17-22) positioned to at least partially block air from flowing freely through the airflow exhaust outlet to reduce flapping sounds that may be generated by the one or more flaps.
B) As per Claims 2 & 12, Frien teaches that the deflector cover is coupled to the housing (Frien: Figure 3, Items 19 & 21 are coupled to Item 2).
C) As per Claims 7 & 17, Frien teaches that the air deflector cover is coupled to an outboard portion of the housing (Frien: Figure 3, Items 19 & 21 are on outboard side of Item 15).
D) As per Claims 8 & 18, Frien teaches that the air deflector cover forms a cup-shaped portion, wherein the one or more flaps may enter a space in the cup-shaped portion when in the open position (Frien: Figure 3, Items 19 & 21).
E) As per Claims 9 & 19, Frien teaches that the one or more flaps comprises a plurality of flaps (Frien: Figure 3, Items 5-6).
F) As per Claims 10 & 20, Frien teaches that the one or more flaps are configured to hang from one or more pivot supports coupled to the housing (Frien: Figure 3, Items 5-6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A) US Patent Number 12,179,559 B2 to Steiner
B) US Patent Number 10,350,965 B2 to Kim
C) US Patent Publication Number 2019/0184791 A1 to Barnes
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN SCHULT whose telephone number is (571)272-8511. The examiner can normally be reached M-F 9AM-5PM.
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, HELENA KOSANOVIC can be reached at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/Allen R. B. Schult/Primary Examiner, Art Unit 3762