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 .
This is the first action on the merits for application 18/863,536. Responsive to the preliminary amendment filed 11/06/2024, Claims 1-20 are currently pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/19/2025 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.
Claim(s) 1-8 and 10-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by AYALA et al. (US 2017/0326969 A1).
Regarding Claim 1, AYALA et al. discloses a grille (Figs. 1-12; “grille” broadly interpreted as structure of front surface (28) best shown in Fig. 2) for an engine (paragraph [0028], “engine”), comprising: a first surface (front side of 28); a second surface (rear side of 28) facing opposite from the first surface; and a plurality of cooling slots (slots formed between elements 24 best shown in Fig. 1) that allow fluid communication through the first surface and the second surface of the grille (Figs. 6 and 7), the plurality of cooling slots spaced along a first axis (unlabeled vertical axis of Fig. 2) in a sequence of increasing lengths (best shown in Fig. 2 where each successive slot in an upward direction along the vertical axis increases in length).
Regarding Claim 2, AYALA et al. discloses each cooling slot comprises an arc-shaped cooling slot (Figs. 1 and 4), wherein the first axis is a vertical axis extending between a bottom of the grille and a top of the grille (unlabeled vertical axis best shown in Fig. 2), and wherein the sequence of increasing lengths extends towards the top of the grille (Fig. 2).
Regarding Claim 3, AYALA et al. discloses each cooling slot defines a channel extending through the grille (Figs. 1, 6 and 7).
Regarding Claim 4, AYALA et al. discloses each cooling slot further comprises: a first extension (top flat surface of 24), the first extension including a first extension surface (front-most portion of top flat surface of 24) and a second extension surface (rear-most portion of top flat surface of 24) facing opposite from the first extension surface, the first extension surface being continuous with the first surface of the grille (Fig. 1), and the second extension surface being continuous with the second surface of the grille (Fig. 1), wherein the first extension surface extends through the cooling slot (front-to-rear) thereby defining at least part of the channel (Fig. 1).
Regarding Claim 5, AYALA et al. discloses each cooling slot further comprises: a second extension (bottom flat surface of 24), the second extension including a third extension surface (front-most portion of bottom flat surface of 24) and a fourth extension surface (rear-most portion of bottom flat surface of 24) facing opposite from the third extension surface, the third extension surface being continuous with the first surface of the grille (Fig. 1), and the fourth extension surface being continuous with the second surface of the grille (Fig. 1), wherein the fourth extension surface extends through the cooling slot (rear-to-front) thereby defining at least part of the channel (Fig. 1), and wherein the first extension and the second extension extend in generally opposite directions (Fig. 1).
Regarding Claim 6, AYALA et al. discloses the first extension surface is curved (Fig. 4), wherein the fourth extension surface is curved (Fig. 4), and wherein the first extension surface and the fourth extension surface face at least partially towards each other (Figs. 1 and 4).
Regarding Claim 7, AYALA et al. discloses a plurality of cooling holes (36, 38, 40, 42) each extending through the first surface and the second surface of the grille (Figs. 1 and 2), the plurality of cooling holes located about the plurality of cooling slots (Figs. 1 and 2), wherein each one of the plurality of cooling holes is defined by a first aperture in the first surface (Figs. 1 and 2), a second aperture in the second surface (Figs. 1 and 2), and a sidewall extending between the first aperture in the first surface and the second aperture in the second surface (Figs. 1 and 2).
Regarding Claim 8, AYALA et al. discloses the first aperture in the first surface has a larger diameter than the second aperture in the second surface (Figs. 1 and 2), and wherein the sidewall defines, at least in part, a funnel shape and/or a conical shape (Figs. 1 and 2).
Regarding Claim 10, AYALA et al. discloses an assembly for an engine of a vehicle (Figs. 1-12), comprising: a mount (Fig. 10; unlabeled mount for attaching grille 28) attachable to a frame of the vehicle (unlabeled frame of vehicle shown in Fig. 10); a grille (Figs. 1-12; “grille” broadly interpreted as structure of front surface (28) best shown in Fig. 2) attachable to the mount, the grille comprising: a first surface (front side of 28), a second surface (rear side of 28) facing opposite from the first surface, and a plurality of cooling slots (slots formed between elements 24 best shown in Fig. 1) that allow fluid communication through the first surface and the second surface of the grille (Figs. 6 and 7), the plurality of cooling slots spaced along a first axis (unlabeled vertical axis of Fig. 2) in a sequence of increasing lengths (best shown in Fig. 2 where each successive slot in an upward direction along the vertical axis increases in length).
Regarding Claim 11, AYALA et al. discloses each cooling slot comprises an arc-shaped cooling slot (Figs. 1 and 4).
Regarding Claim 12, AYALA et al. discloses each cooling slot defines a channel extending through the grille (Figs. 1, 6 and 7).
Regarding Claim 13, AYALA et al. discloses each cooling slot further comprises: a first extension (top flat surface of 24), the first extension including a first extension surface (front-most portion of top flat surface of 24) and a second extension surface (rear-most portion of top flat surface of 24) facing opposite from the first extension surface, the first extension surface being continuous with the first surface of the grille (Fig. 1), and the second extension surface being continuous with the second surface of the grille (Fig. 1), wherein the first extension surface extends through the cooling slot (front-to-rear) thereby defining at least part of the channel (Fig. 1).
Regarding Claim 14, AYALA et al. discloses each cooling slot further comprises: a second extension (bottom flat surface of 24), the second extension including a third extension surface (front-most portion of bottom flat surface of 24) and a fourth extension surface (rear-most portion of bottom flat surface of 24) facing opposite from the third extension surface, the third extension surface being continuous with the first surface of the grille (Fig. 1), and the fourth extension surface being continuous with the second surface of the grille (Fig. 1), wherein the fourth extension surface extends through the cooling slot (rear-to-front) thereby defining at least part of the channel (Fig. 1), and wherein the first extension and the second extension extend in generally opposite directions (Fig. 1).
Regarding Claim 15, AYALA et al. discloses a plurality of cooling holes (36, 38, 40, 42) that each extend through the first surface and the second surface of the grille (Figs. 1 and 2), the plurality of cooling holes located about the plurality of cooling slots (Figs. 1 and 2), wherein each one of the plurality of cooling holes is defined by a first aperture in the first surface (Figs. 1 and 2), a second aperture in the second surface (Figs. 1 and 2), and a sidewall extending between the first aperture in the first surface and the second aperture in the second surface (Figs. 1 and 2).
Regarding Claim 16, AYALA et al. discloses the first aperture in the first surface has a larger diameter than the second aperture in the second surface (Figs. 1 and 2), and wherein the sidewall defines, at least in part, a funnel shape and/or a conical shape (Figs. 1 and 2).
Regarding Claim 17, AYALA et al. discloses a method (Figs. 1-12) for differentially controlling airflow around and/or through a grille (Figs. 1-12; “grille” broadly interpreted as structure of front surface (28) best shown in Fig. 2) attached to a vehicle propelled at least in part by an engine (paragraph [0028], “an engine”), the method comprising: in a first condition, operating the engine at a first load condition (paragraph [0040], “high speed flow”; “gaps…optimized…cooling air flow at highway speed”; “maximum cooling performance and minimum fan ON events”; “first condition” considered as vehicle speeds below “highway speeds”); and in a second condition, operating the engine at a second load condition (paragraph [0040], “high speed flow”; “gaps…optimized…cooling air flow at highway speeds”; “maximum cooling performance and minimum fan ON events”; “second condition” considered as vehicle “highway speeds”), wherein the first load condition is greater than the second load condition (engine load is inherently greater while accelerating to steady-state “highway speeds”), and wherein, in the first condition, a greater amount of air is drawn through the grille as compared to the second condition (paragraph [0040], “high speed flow”; “gaps…optimized…cooling air flow at highway speed”; “maximum cooling performance and minimum fan ON events”), wherein the grille comprises a plurality of cooling slots (slots formed between elements 24 best shown in Fig. 1) that allow fluid communication through the grille (Figs. 6 and 7), the plurality of cooling slots spaced along a first axis (unlabeled vertical axis of Fig. 2) in a sequence of increasing lengths (best shown in Fig. 2 where each successive slot in an upward direction along the vertical axis increases in length).
Regarding Claim 18, AYALA et al. discloses controlling a motor operably coupled to a fan of the vehicle so as to control the fan at a first speed in the first condition, and at a second speed in the second condition, wherein the first speed is greater than the second speed (paragraph [0040], “high speed flow”; “gaps…optimized…cooling air flow at highway speed”; “maximum cooling performance and minimum fan ON events”).
Regarding Claim 19, AYALA et al. discloses in the first condition, the vehicle is traveling at a first vehicle speed (paragraph [0040], “at highway speed”; “first vehicle speed” considered as vehicle speeds below “highway speeds”), wherein, in the second condition, the vehicle is traveling at a second vehicle speed (paragraph [0040], “at highway speed”; “second vehicle speed” considered as vehicle “highway speeds”), and wherein the second vehicle speed is greater than the first vehicle speed.
Regarding Claim 20, AYALA et al. discloses in the second condition, a higher volume of air is directed over and/or around the grille as compared to the first condition (paragraph [0040], “high speed flow”; “gaps…optimized…cooling air flow at highway speed”; “maximum cooling performance and minimum fan ON events”).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over AYALA et al. (US 2017/0326969 A1).
Regarding Claim 9, AYALA et al. discloses the grille of Claim 1, described in detail above, but does not explicitly disclose wherein the plurality of cooling slots comprises one or more of: a cooling slot having a length of 400 millimeters-500 millimeters; a cooling slot having a length of 580 millimeters-680 millimeters; a cooling slot having a length of 760 millimeters-860 millimeters; and a cooling slot having a length of 940 millimeters-1,040 millimeters. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the plurality of cooling slots of AYALA et al. comprise one or more of: a cooling slot having a length of 400 millimeters-500 millimeters; a cooling slot having a length of 580 millimeters-680 millimeters; a cooling slot having a length of 760 millimeters-860 millimeters; and a cooling slot having a length of 940 millimeters-1,040 millimeters, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
SCHWARTZ et al. (US 10,563,564) discloses a cooling fan and active grille shutter for a vehicle (see Fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN YOUNG whose telephone number is (571)272-4781. The examiner can normally be reached Monday - Friday 10:00 am - 6:00 pm (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S Scott can be reached at (571)270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EDWIN YOUNG
Primary Examiner
Art Unit 3655
/Edwin A Young/Primary Examiner, Art Unit 3655
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