DETAILED ACTION
This action is in response to the applicant’s reply filed on August 7, 2026. Claims 1-19 are pending and addressed below.
Response to Amendment
In response to the applicant’s amendment to claim 19 to correct antecedent basis, the rejection of claim 19 under 35 USC 112 (b) has been withdrawn.
Claims 1-2 and 19 have been amended. Claims 1-19 are pending and addressed below.
Response to Arguments
Applicant's arguments filed August 7, 2026 have been fully considered but they are not persuasive.
Applicants have argued that Yoon et al., US 2017/0120967 (hereinafter Yoon) in view of Aird, US 2026/0008505 (hereinafter Aird) and Klop et al., US 2021/0053482 (hereinafter Klop) fails to disclose the limitations of the claims.
Regarding claim 1, the applicant has argued that it would not have been proper to combine the art of Yoon, Aird, and Klop to disclose all the limitations of claim 1.
Specifically, the applicant states that the primary reference of Yoon describes a multi-stage active air skirt with a housing, a first skirt that moves between retracted and operating/protruded positions, and a second skirt that moves relative to the first skirt between retracted and operating positions.
Applicant additionally indicates that Aird describes dual hydraulic actuators (ride actuator and angle actuator) that control an aerodynamic element such as an underbody panel, air dam, diffuser element, tire-wake deflector, specifically a ride-height-synchronized angle adjustment of a single aerodynamic element and fails to disclose a dual-skirt unit with sequential linear extraction of a first skirt followed by tilting of a second skirt, and a translating and rotatably supporting unit, as claimed. However, as indicted in the current rejection Aird was solely relied upon to meet the limitations of the dual-skirt unit with sequential linear extraction of a first skirt followed by tilting of a second skirt. Instead, it is the combination of Yoon and Aird which meets the limitations of claim 1 as indicated in the rejection below.
Further, Applicant indicates that Klop, which was cited as purporting to disclose the claimed lighting module, describes a single-piece bracket that mounts both a fog lamp and an actuator for an active air dam to a bumper, in which the air dam is movable between deployed and retracted positions. Applicant notes that the fog lights in Klop are conventional bumper-mounted lighting, not a specified module coupled to a skirt housing that illuminates the skirts themselves in response to skirt deployment. However, as indicated in the current rejection, the air skirt system of Yoon and Aird, has been modified to include the lighting module as disclosed by Klop coupled to the first housing as one of ordinary skill in the art would have recognized that applying the known technique of light module in a housing would have yielded the predictable results of illuminating the first skirt or second skirt.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Specifically, the applicant has pointed out what each reference discloses and what each reference doesn’t disclose, however the Applicant has not indicated why the combination of Yoon in view of Aird, and Klop does not meet the limitations of claim 1.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
As such it is the Examiner’s position that Yoon in view of Aird, and Klop clearly discloses the limitations of claim 1 as indicated in the rejections below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al., US 2017/0120967 (hereinafter Yoon) in view of Aird, US 2026/0008505 (hereinafter Aird) and Klop et al., US 2021/0053482 (hereinafter Klop).
Claim 1: Yoon discloses an air skirt apparatus for a vehicle, the apparatus comprising:
a housing (skirt housing 10) comprising an extraction hole (skirt space 22);
a skirt unit comprising:
a first skirt (front skirt 23) movably disposed inside the first housing (10) and configured to protrude outside the first housing (10) through the extraction hole (22); and
a second skirt (second skirt 30) configured for a complete extraction of the first skirt (23) (as seen in Fig 12);
a support unit (rear skirt 21) configured to move in the same direction as the first skirt (23) and support the second skirt (30) after the complete extraction of the first skirt (23) (second skirt 30 is shown fully extended from front skirt 23, Fig 12).
Yoon fails to disclose the second skirt configured to tilt by rotating after a complete extraction of the first skirt; the support unit configured to rotatably support the second skirt tilting after the complete extraction of the first skirt; and a lighting module coupled to the first housing and configured to illuminate the first skirt and the second skirt in response to the first skirt being moved outward from the first housing.
Aird discloses a controller (aerodynamic element angle actuator 5) is further configured to control an aerodynamic element (7) to tilt (par [0044]). A support unit (connecting link 11) allows the aerodynamic element (7) to tilt (Fig 3, par [0044]-[0046]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the second skirt of Yoon such that the second skirt tilts once that first skirt is moved into the extended position and is rotatably supported by the support member, as one of ordinary skill in the art would have recognized that applying the known technique of tilting an aerodynamic element such as the second skirt would have yielded the predictable results of additional control over the second skirt in order to alter the vehicle aerodynamic characteristics.
Yoon, as modified by Aird, fails to disclose lighting module coupled to the first housing and configured to illuminate the first skirt and the second skirt in response to the first skirt being moved outward from the first housing.
Klop discloses one or more light modules (fog lamps 48) coupled to at least one of the housing (attached to the bumper 10), the one or more light modules (48) to illuminate at least one of the housing, the first skirt and the second skirt ( fog lamps 48 illuminate at least the bumper 10) in response to the first skirt being moved outward from the first housing (deployed position relative to the bumper 10, par [0033]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the air skirt system of Yoon and Aird, to further include one or more lighting module coupled to the first housing as disclosed by Klop, as one of ordinary skill in the art would have recognized that applying the known technique of light module in a housing would have yielded the predictable results of illuminating the first skirt or second skirt.
Claim 6: Yoon, as modified by Aird and Klop, discloses further comprising: a slide cover (Yoon, front housing 11) fixedly installed on the first skirt (Yoon, front skirt 23), wherein the support (Yoon, rear skirt 21) is slidably arranged on the slide cover (Yoon, front skirt 23, which is coupled to the rear skirt 21, slide into the skirt housing 10 including the front housing 11, as seen in Fig 12, par [0059]-[0060]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon, Aird, and Klop as applied to claim 1, and further in view of Leseky, US 2014/0009277 (hereinafter Leseky).
Claim 2: Yoon, Aird, and Klop fail to disclose wherein the lighting module comprises: a lighting module housing coupled to the first housing; a lens disposed in the second housing and configured to face the second skirt before tilting; and a light source unit disposed between the lighting module housing and the lens and configured to illuminate light toward the lens.
Leseky discloses wherein the lighting module (side marker lamp 150 for illuminating an aerodynamic device, par [0039]) comprises:
a lighting module housing (rigid housing 151) coupled to the transport vehicle (100);
a lens (second lens 154) disposed in the second housing (151) and configured to face an aerodynamic device before tilting (lens 154 is positioned to illuminate an underbody add-on device, par [0094]); and
a light source (light source 152) disposed between the second housing and the lens and configured to illuminate light toward the lens (second lens 154 is configured to receive light from the light sources 152 and project the light beneath the transport vehicle 100 to illuminate an underbody add-on device, par [0094]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the lighting modules of Yoon, Aird, and Klop with the lighting module of Leseky such that the lens is configured to face the second skirt before tilting as one of ordinary skill in the art could have substitute one known lighting module for another known lighting module and the results of the substitution would have predictably illuminated the second skirt.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon, Aird, Klop, and Leseky as applied to claim 2, and further in view of Eckstein, Chinese Patent No. CN 107399231 A (hereinafter Eckstein) (all citations are to the English translation dated 2026).
Claim 3: Yoon further discloses the first skirt (Yoon, 20) comprises: a first skirt body (Yoon, body of first skirt 20) disposed movably inside the housing (Yoon, skirt housing 10) (as seen in Fig 12, par [0059]-[0060]).
Yoon, Aird, Klop, and Leseky are silent as to a first pattern part formed on an exposed surface of the first skirt body, the first pattern part including first convex portions and first concave portions arranged alternately.
Eckstein discloses an air skirt (air dam assembly 42). A first pattern part (plurality of flexible tuck 60) formed on an exposed surface of the first skirt body (body of air dam 42) (as seen in Figure 6), the first pattern part including first convex portions (62 with front edge 68) and first concave portions (62 with trailing edge 70) arranged alternately (as seen in Fig 6, pg 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the first skirt of Yoon to further include a first pattern as disclosed by Eckstein as one of ordinary skill in the art could would have recognized that applying the known technique of the first pattern of Eckler to the first skirt of Yoon would have yielded the predictable results of providing a flexible support section similar to a living hinge arrangement (Eckstein pg 2-3).
Claim 4: Yoon further discloses the second skirt (Yoon, second skirt 30) comprises: a second skirt body (Yoon, body of second skirt 30) arranged to be tiltable in relation to the first skirt body of the first skirt (Aird, Fig 3, par [0044]-[0046]).
Eckstein discloses an air skirt (air dam assembly 42). A pattern part (plurality of flexible tuck 60) formed on an exposed surface of the first skirt body (body of air dam 42) (as seen in Figure 6), the first pattern part including first convex portions (62 with front edge 68) and first concave portions (62 with trailing edge 70) arranged alternately (as seen in Fig 6, pg 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the second skirt of Yoon, Aird, Klop, and Leseky to further include a second pattern as disclosed by Eckstein as one of ordinary skill in the art could would have recognized that applying the known technique of the pattern of Eckstein to the second skirt of Yoon would have yielded the predictable results of providing a flexible support section similar to a living hinge arrangement (Eckstein pg 2-3). Further, one of ordinary skill in the art would have been capable of arranging the second pattern part on a same line as the first pattern part of the first skirt as selecting a given arrangement of the patterns on the first and second skirt would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al., US 2017/0120967 (hereinafter Yoon) in view of Klop et al., US 2021/0053482 (hereinafter Klop).
Claim 11: Yoon discloses an air skirt system for a vehicle (see abstract), the air skirt system comprising:
a housing (skirt housing 10);
a first air skirt (first skirt 20);
a second air skirt (second skirt 30) attached to the first air skirt (20);
an actuator (actuator 50);
a controller (controller 40) configured to control the actuator (actuator 50 is controlled by controller 40, par [0043]) to move the first air skirt (20) to at least one of:
a retracted position in which the first air skirt is retracted in the housing (at low speed first skirt 20 is maintained in retracted mode, par [0044]);
an extended position in which the first air skirt is extended out of the housing (at intermediate speeds first skirt 20 is protruded below front bumper, at high speed both first skirt 20 and second skirt 30 are protruded below the front bumper 1, par [0044]);
a tilted position in which the second air skirt is rotated in relation to the first air skirt; or
any combination thereof.
Yoon is silent as to one or more light modules coupled to at least one of the housing, the first skirt, the second skirt, or any combination thereof, wherein the controller further configured to control the one or more light modules to illuminate at least one of the housing, the first skirt, the second skirt, or a combination thereof, in at least one of the retracted position, the extended position, or the tilted position.
Klop discloses one or more light modules (fog lamps 48) coupled to at least one of the housing (attached to the bumper 10), the first skirt, the second skirt, (housing for air dam 20 is attached to the bumper 10, see Fig 1) or any combination thereof, the one or more light modules (48) to illuminate at least one of the housing, the first skirt, the second skirt, or a combination thereof (fog lamps 48 illuminate at least the bumper 10), in at least one of the retracted position, the extended position, or the tilted position (the air dam 20 is either in a retracted or deployed position relative to the bumper 10, par [0033]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the air skirt system of Yoon, to further include one or more light modules as disclosed by Klop, as one of ordinary skill in the art would have recognized that applying the known technique of light module in a housing, first skirt, or second skirt would have yielded the predictable results of illuminating at least one of the housing first skirt or second skirt. Further, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to utilize the controller of Yoon to control the one or more light modules as disclosed by Klop as the technique of controlling light modules with a controller is known and would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Claim 12: Yoon, as modified by Klop, discloses wherein the housing (Yoon, 10) includes an extraction hole (Yoon, skirt space 22) through which the first skirt (Yoon, front skirt 23) protrudes out of or retracts into the housing (10) (Yoon, as seen in Fig 10).
Claim(s) 13-14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Klop as applied to claim 11, and further in view of Aird, US 2026/0008505 (hereinafter Aird).
Claim 13: Yoon, as modified by Klop, fails to disclose wherein the controller is further configured to control the second skirt to tilt after the first skirt is moved into the extended position.
Aird discloses a controller (aerodynamic element angle actuator 5) is further configured to control an aerodynamic element (7) to tilt (par [0044]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the controller and the second skirt of Yoon such that the controller tilts the second skirt once that first skirt is moved into the extended position, as one of ordinary skill in the art would have recognized that applying the known technique of tilting an aerodynamic element such as the second skirt would have yielded the predictable results of additional control over the second skirt in order to alter the vehicle aerodynamic characteristics.
Claim 14: Yoon, as modified by Klop, discloses further comprising: a support (Yoon, rear skirt 21) attached to the first skirt (20) and configured to: support the second skirt (30) (Yoon, as seen in Fig 10, par [0060]).
Yoon, as modified by Klop, fails to disclose the support configured to enable the second skirt to rotate in the tilted position.
Aird discloses a controller (aerodynamic element angle actuator 5) is further configured to control an aerodynamic element (7) to tilt (par [0044]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the support such that it is configured to enable the second skirt to rotate in the tilted
the controller and the second skirt of Yoon such that the controller tilts the second skirt once that first skirt is moved into the extended position, as one of ordinary skill in the art would have recognized that applying the known technique of tilting an aerodynamic element such as the second skirt would have yielded the predictable results of additional control over the second skirt in order to alter the vehicle aerodynamic characteristics.
Claim 19: Yoon, Klop and Aird, discloses further comprising: a slide cover (Yoon, front housing 11) fixedly installed on the first skirt (Yoon, front skirt 23), wherein the support (Yoon, rear skirt 21) is slidably arranged on the slide cover (Yoon, front skirt 23, which is coupled to the rear skirt 21, slide into the skirt housing 10 including the front housing 11, as seen in Fig 12, par [0059]-[0060]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Klop as applied to claim 11, and further in view of Leseky, US 2014/0009277 (hereinafter Leseky).
Claim 15: Yoon, as modified by Klop, is silent as to wherein the one or more lighting modules includes: a lens configured to face at least one of the housing, the first skirt, the second skirt, or any combination thereof; and a light source configured to illuminate light toward the lens.
Leseky discloses the a lighting module (side marker lamp 150 for illuminating an aerodynamic device, par [0039]) includes:
a lens (second lens 154) configured to face an aerodynamic device (lens 154 is positioned to illuminate an underbody add-on device, par [0094]); and
a light source (light source 152) configured to illuminate light toward the lens (second lens 154 is configured to receive light from the light sources 152 and project the light beneath the transport vehicle 100 to illuminate an underbody add-on device, par [0094]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the lighting modules of Yoon and Klop with the lighting module of Leseky such that the lens is configured to direct light at the housing, first skirt or second skirt as one of ordinary skill in the art could have substitute one known lighting module for another known lighting module and the results of the substation would have predictably illuminated the housing, first skirt or second skirt.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Klop as applied to claim 11, and further in view of Eckstein, Chinese Patent No. CN 107399231 A (hereinafter Eckstein) (all citations are to the English translation dated 2026).
Claim 16: Yoon, as modified by Klop, wherein the first skirt (Yoon, 20) comprises: a first skirt body (Yoon, body of first skirt 20) disposed movably inside the housing (Yoon, skirt housing 10) (as seen in Fig 12, par [0059]-[0060]).
Yoon, as modified by Klop, are silent as to a first pattern part formed on an exposed surface of the first skirt body, the first pattern part including first convex portions and first concave portions arranged alternately.
Eckstein discloses an air skirt (air dam assembly 42). A first pattern part (plurality of flexible tuck 60) formed on an exposed surface of the first skirt body (body of air dam 42) (as seen in Figure 6), the first pattern part including first convex portions (62 with front edge 68) and first concave portions (62 with trailing edge 70) arranged alternately (as seen in Fig 6, pg 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the first skirt of Yoon to further include a first pattern as disclosed by Eckstein as one of ordinary skill in the art could would have recognized that applying the known technique of the first pattern of Eckler to the first skirt of Yoon would have yielded the predictable results of providing a flexible support section similar to a living hinge arrangement (Eckstein pg 2-3).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon, Klop, Eckstein and as applied to claim 16, and further in view of Aird.
Claim 17: Yoon further discloses the second skirt (Yoon, second skirt 30) comprises: a second skirt body (Yoon, body of second skirt 30).
Eckstein discloses an air skirt (air dam assembly 42). A pattern part (plurality of flexible tuck 60) formed on an exposed surface of the first skirt body (body of air dam 42) (as seen in Figure 6), the first pattern part including first convex portions (62 with front edge 68) and first concave portions (62 with trailing edge 70) arranged alternately (as seen in Fig 6, pg 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the second skirt of Yoon to further include a second pattern as disclosed by Eckstein as one of ordinary skill in the art could would have recognized that applying the known technique of the pattern of Eckstein to the second skirt of Yoon would have yielded the predictable results of providing a flexible support section similar to a living hinge arrangement (Eckstein pg 2-3). Further, one of ordinary skill in the art would have been capable of arranging the second pattern part on a same line as the first pattern part of the first skirt as selecting a given arrangement of the patterns on the first and second skirt would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Yoon, Klop, Eckstein fails to discloses the second skirt body configured to be tiltable in relation to the first skirt body of the first skirt; a
Aird discloses a controller (aerodynamic element angle actuator 5) is further configured to control an aerodynamic element (7) to tilt (par [0044]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the second skirt of Yoon such that the controller tilts the second skirt body in relation to the first skirt body of the first skirt, as one of ordinary skill in the art would have recognized that applying the known technique of tilting an aerodynamic element such as the second skirt body would have yielded the predictable results of additional control over the second skirt in order to alter the vehicle aerodynamic characteristics.
Allowable Subject Matter
Claims 5, 7-10 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claims 5, 7-10 and 18 contain allowable subject matter over the cited prior art as discussed above.
Regarding claims 5 and 18, Yoon, Aird, Klop, Leseky, and Eckstein, fail to disclose wherein the second pattern part of the second skirt is exposed externally after the tilting of the second skirt body and one of ordinary skill would not have found it obvious to make this modification.
Regarding claims 7-10, Yon further discloses a link unit connected to the support unit to move the support unit, wherein the support unit comprises
Yoon, Aird, and Klop fail to disclose further comprising a link unit (first cylinder rod 112) connected to the support unit (rear skirt 21) to move the support unit (21).
Yoon, Aird, and Klop fails to disclose wherein the support unit comprises: a first support block connected to the link unit; and a second support block coupled with the first support block and movably disposed on the slide cover.
Conclusion
Claims 1-4, 6, 11-17, and 19-20 are rejected. Claims 5, 7-10, and 18 are objected to. No claims are allowed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676
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