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 .
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.
Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hasegawa et al. (Japanese Patent Publication 2013010441).
Re claim 1, Hasegawa et al. discloses a vehicle lower structure comprising a plurality of rectifying members (see the annotated figure below) disposed on a lower surface of a vehicle body (figure 1 shows the positioning of the device on a lower surface of the vehicle body) behind a rear tire (see paragraph 0038, the device is suggested to be provided for the rear wheel on the rear side), wherein each of the rectifying members has a flat plate shape (the flat plate shape of the rectifying members can be seen from figures 5 and 7), protrudes downward from the lower surface of the vehicle body, and extends in a vehicle front-rear direction (as shown by figure 7); and the rectifying members are spaced apart from each other in a vehicle width direction (as shown in figure 7).
PNG
media_image1.png
454
718
media_image1.png
Greyscale
Re claim 2, the rectifying members are composed of a first rectifying member and a second rectifying member; the first rectifying member is disposed inward of a middle in a width direction of the rear tire in the vehicle width direction; and the second rectifying member is disposed outward of the first rectifying member in the vehicle width direction (see the annotated figure above).
Re claim 3, the second rectifying member is disposed outward of the middle in the width direction of the rear tire in the vehicle width direction (see the annotated figure above).
Re claim 5, each of the rectifying members includes a front portion including a tilted surface tilted downward from vehicle front toward vehicle rear, and a rear portion including a tilted surface tilted upward from the vehicle front toward the vehicle rear; and
in each of the rectifying members, the tilted surface of the front portion is steeper than the tilted surface of the rear portion (see paragraph 0039 which suggests the heights of the individual rectifying members can be decreased toward a rear side and the explanatory figure below).
PNG
media_image2.png
409
1091
media_image2.png
Greyscale
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa et al. (Japanese Patent Publication 2013010441) in view of Mizuno et al. (Japanese Patent Publication 200185672).
Hasegawa et al. discloses all the limitations of the claim, as applied above, except for the first rectifying member having a greater length in the vehicle front-rear direction than the second rectifying member.
Mizuno et al. teaches the use of rectifying members (37 and 38 in figure 6) having different lengths .
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a vehicular lower structure, such as that disclosed by Hasegawa et al., to have the first rectifying member have a greater length in the vehicle front-rear direction than the second rectifying member, as taught by Mizuo et al., with a reasonable expectation of success, in order to modify the aerodynamic effect of the device depending on the type of vehicle it is used in.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references all disclose vehicle aerodynamic devices.
US 9,868,479 (Shinedling) teaches rectifying members with tilts at front and rear ends.
US 2013/0059519 (Tajima et al.) teaches rectifying members of having a complex shape.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason S Morrow whose telephone number is (571)272-6663. The examiner can normally be reached Monday through Friday, 7:30 a.m.-5:00 p.m..
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, Vivek Koppikar can be reached at (571) 272-5109. 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.
/JASON S MORROW/Primary Examiner, Art Unit 3612
July 16, 2026
Prosecution Insights