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 .
Specification
The disclosure is objected to because of the following informalities: in ¶0033, “main axis 8” should be --main axis 100--.
Appropriate correction is required.
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.
Claim 9 is 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 claim(s) 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 inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites that the adjusting device is coupled to the cover elements so as “to move therewith.” This limitation appears to require that the adjusting device move with the cover elements. This is supported by the specification as a portion of the adjusting device, the adjusting disc, moves with the cover elements. Claim 9, however, introduces the actuator as a part of the adjusting device. The actuator does not move with the cover elements which is contrary to the language from claim 1. For examination purposes, claim 9 is interpreted to read: “The wheel well guard according to claim 2, further comprising an adjusting actuator…” (or similar language).
Claim Rejections - 35 USC § 102
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.
Claims 1, 5, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lundstrom (EP2050661).
Regarding claim 1, Lundstrom discloses a vehicle (2) with a wheel well guard (1) for its wheel well (5), comprising:
multiple cover elements (9, see e.g., Figs. 1-4), wherein the cover elements (9) are adjustable between a guarding position (see Fig. 2) and a stowed position (see Fig. 1),
an adjusting device (e.g., motor with pivotable shaft at axis 7, see ¶0020 and ¶0030), wherein the adjusting device (7) is coupled to the cover elements (9) so as to move therewith (e.g., at least a portion of the axis will move to drive the rotating cover elements) in order to adjust the cover elements (9) between the guarding position and the stowed position,
wherein the cover elements (9) are designed as concentric lamellae (i.e., each of the covers/blades 9 share a common center point 7 which reads upon the blades being concentric) arranged around a main axis (center point 7), which can be adjusted synchronously (e.g., via the activation of the motor and its pivotable shaft - see ¶s 0029-0030) between the guarding position and the stowed position by the adjusting device (motor and pivotable shaft) in a manner of a central shutter mechanism (i.e., the movable blades 9 pivot about a central point and cooperate with the fixed blades 8 to selectively close the wheel well from airflow, which reads upon a reasonably broad interpretation of the term “central shutter”).
Regarding claim 5, Lundstrom further discloses that when in the guarding position, the cover elements (9) are supported against one another in the axial direction with respect to the main axis (7; see Fig. 5 showing the axially overlapping configuration of the movable covers 9b, 90b, 900b at the center 7) at least at a common center point (e.g.., due to the central pivoting shutter arrangement, each of the covers 9 maintain their axial supporting arrangement at the center 7 in both the deployed and stowed configuration).
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 of this title, 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.
Claims 2, 6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Lundstrom.
Regarding claims 2 and 9 (as best understood), Lundstrom discloses that the adjusting device (e.g., the motor/adjusting actuator and its pivotable dive shaft, see ¶0029) includes a rotating element that is coupled to the movable covers/blades (9), this pivotable shaft can be rotated about he mains axis (7) between the positions associated with the guarding position (Fig. 2) and stowed position (Fig. 1). Lundstrom does not explicitly recite that an adjustment disc is used to drive the movable blades.
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the present application to modify the device Lundstrom to use a disc-shaped connection between the motor’s drive shaft and the blades to arrive at the claimed device a with a reasonably expectation of success since a change in shape of an element involves only routine skill in the art. The motivation for doing so would be to provide sufficient mating surface between the drive shaft and the driven blades.
Regarding claim 6, Lundstrom further discloses a housing (11, see Fig. 5) partially surrounding the main axis (7), wherein the adjusting device (e.g., at least the pivotable shaft that drives the blades 9 around axis 7) and the cover elements (9), are accommodated in the housing (11; i.e., the housing grooves 11 overlaps both the blades 9 and the driving portion - see axis 7 in Fig. 5 in a generally vertical plane, the grooves 11 following the wheel well to define a semi-circular body that surrounds the central pivotable shaft, which reads upon a reasonably broad interpretation of the term “accommodated in”).
Allowable Subject Matter
Claims 3-5 and 7-8 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: the prior art does not disclose or otherwise fairly suggest a wheel well guard having cover elements that are concentric lamellae arranged around a main axis that move in a manner of a central shutter mechanism: a) via a rotatable adjusting disc having a guide link to positively guide each of the cover elements at one connection point, while the covers are also each pivotably fixed at another connection point; or b) including a housing that partially surrounds the main axis and the adjusting device and cover elements, at least in the stowed position, are accommodated in the housing, wherein the adjusting disc is guided within the housing along an inner circumference of the housing.
Conclusion
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference(s) as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. Nos. 6,796,328; 10,508,743; 9,568,111; and 12,422,597 each disclose different central shutter-style closure mechanisms.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE CLEMMONS whose telephone number is (313)446-4842. The examiner can normally be reached on 8-4:30 EST Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J Allen Shriver can be reached on 303-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVE CLEMMONS/ Primary Examiner, Art Unit 3618
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