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 .
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.
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)(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) 1-3, 5-10, 19, 20, 22, 23, 26-28 and 31 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kron (US 11,731,710).
Regarding Claims 1 and 22, Kron discloses an underbody assembly for a vehicle, comprised of an elongated panel 21 configured to be coupled to a mounting structure 20 that is configured to be coupled to an underbody of the vehicle (Fig. 2) such that the elongated panel is positioned between wheels located on a first side of the vehicle and wheels located on a second side of the vehicle (Fig. 2).
Regarding Claim 2, the vehicle includes a front set of wheels (Fig. 5) and at least one set of rear wheels (Fig. 5), and wherein the elongated panel extends from a first location proximal to the front set of wheels (directly beside), to a second location proximal to the at least one set of rear wheels (proximal to the front of the rear wheels).
Regarding Claim 3, the elongated panel 21 is positioned between the front set of wheels, and the at least one set of rear wheels (two panels make up elongated panel, one between each set of wheels).
Regarding Claim 5, the elongated panel 21 may be a single piece (Fig. 9).
Regarding Claim 6, the elongated panel 31 may comprise a plurality of panel portions (two separate portions; Fig. 8), and wherein the plurality of panel portions assembled together (assembled together via the chassis) comprise a length of the elongated panel.
Regarding Claims 7, 19 and 20, the plurality of panel portions 21 assembled together include a first panel portion and a second panel portion that are spaced apart by a gap (Fig. 6) and parallel.
Regarding Claims 8-10, the elongated panel 21 is positioned at an angle with respect to a vertical axis, which is 0 degrees (Fig. 6).
Regarding Claims 17 and 28, the mounting structure is coupled to a chassis frame rail of the vehicle (via the axle and suspension).
Regarding Claim 23, the underbody assembly is a first underbody assembly, and wherein the vehicle comprises a second underbody assembly comprising at least one additional elongated panel 21 configured to couple to another mounting structure on the underbody of the vehicle (Fig. 4), such that the at least one additional elongated panel is positioned proximal to rear wheels of the vehicle and extends further toward a rear of the vehicle (Fig. 4).
Regarding Claim 26, Kron discloses a method comprised of coupling an elongated panel 21 to a mounting structure 20; and coupling the mounting structure to an underbody of the vehicle (via the axles and suspension), such that the elongated panel extends between wheels located on a first side of the vehicle and wheels located on a second side of the vehicle (Fig. 2).
Regarding Claim 27, the elongated panel 21 is coupled to the mounting structure 20 before the mounting structure is coupled to the underbody.
Regarding Claim 31, the elongated panel 21 comprises one of a pair of elongated panels (Fig. 2) that couple in spaced-apart relation between the wheels on the first side and the wheels on the second side (Fig. 2), such that the pair of elongated panels are substantially parallel to each other.
Regarding Claim 32, the elongated panel 21 comprises one of a pair of elongated panels (Fig. 2) that are mounted in spaced-apart relation between the wheels on the first side and the wheels on the second side (Fig. 2), such that the pair of elongated panels are positioned at an angle relative to each other.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kron as applied to claim 1 above, and further in view of Senatro (US 2014/0217776).
Regarding Claim 4, Kron does not appear to disclose any set dimensions for the panel. Senatro discloses an underbody fairing assembly for a vehicle (Fig. 1), wherein the lengths of the panels may be less than 3 meters (paragraph 0047), heights are between 0.05 and 0.8 meters, and the thickness is between 0.01 and 0.1 meters (paragraph 0049). Senatro also discloses that the sizes of the panels may be changed to accommodate different sized vehicles as needed. Before the effective filing date of the present application, it would have been obvious to one having ordinary skill in the art to size the panels of Kron with the limits of Senatro in order to fit a specific sized vehicle, but to able to vary the dimensions as needed for other vehicles.
Claim(s) 24 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kron as applied to claims 22 and 23 above, and further in view of Butler (US 2021/0197902).
Regarding Claims 24 and 25, Kron appears to disclose the use of the panel device for the rear axles of a trailer type vehicle. Butler discloses the use of aerodynamic devices associated to the drive wheels of a tractor that is capable of being coupled to a trailer. Before the effective filing date of the present application, it would have been obvious to one having ordinary skill in the art to use the device of Kron on the rear drive axles of Butler in order to further improve the airflow around the axles to reduce the fuel consumption, as is taught by Kron.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kron as applied to claim 26 above, and further in view of Emery (US 10,343,731).
Regarding Claim 32, Kron does not appear to disclose the multiple panels set at an angle to each other. Emery discloses a panel device for use on the underbody of a vehicle, wherein each panel may be adjusted to be at angle to one another (see Fig.7 for multiple panels set at multiple angles). Before the effective filing date of the present application, it would have been obvious to one having ordinary skill in the art to allow the panels of Kron to be set an angle to one another in order to optimize the airflow, as needed, around the various underbody parts and axles.
Allowable Subject Matter
Claims 11-16, 18, 21, 29, 30, 33 and 34 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:
Regarding Claims 11-16 and 30, applicant’s use of an elongated panel assembly located between left and right side wheels of the underbody of a vehicle, wherein the vehicle includes a power source (tank or battery) positioned below it with the panel positioned between the ground and the power source, is novel.
Regarding Claims 18 and 29, applicant’s attachment of the underbody panel to the body side fairing of the vehicle is novel.
Regarding Claims 21 and 34, applicant’s use of different height for each of the panels such that one is closer to the ground, is novel.
Regarding Claim 33, having each of the panels a different length is novel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S DANIELS whose telephone number is (571)270-1167. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON S DANIELS/Primary Examiner, Art Unit 3612
