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 Objections
Claims 1-28 and 31 are objected to because of the following informalities:
Claims 1, 14 and 24 recite the limitation "the aperture" (line 9 of claim 1); (lines 9 and 13 of claim 14); and (line 6 of claim 24).
Claim 2 recites the limitation "the cross-link polymer material" in lines 2-3.
See deficiency in claim 26 (lines 2-3).
Claim 6 recites the limitation "the shape" (“a shape” in claim 5 line 4) in
line 1. See deficiency in claim 20 (line 1).
Claim 7 recites the limitation "the combination" in line 3. See deficiency in claim 20 (line 3).
Claim 24 recites the limitation "the outer surface" in line 3.
There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 8, “the threaded” (line 4) should be changed to
--the threaded portion-- because of “a threaded portion” in lined 2.
Regarding claim 31, “of claim 20” (in lines 1) should be changed to
--of claim 30—because of antecedent basis in the claim.
For examining purposes, claim 31 depends on claim 30.
Appropriate correction is required.
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) 29-31 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by DE 10 2015 007577 A1 (IDS dated 08/18/2026).
Regarding claim 29, DE 10 2015 007577 A1 discloses a vehicle part having a morphable surface arrangement (To automatically move the closing flaps 2 into the closed position, the drive unit 3 is activated so that the shaft 4 rotates, winding the cables 5 onto the shaft 4 against the spring force of the spring elements 6. This causes the closing flaps 2 to pivot around the hinge axis of each hinge 8, which can be designed as a living hinge, into the closed position, so that the openings 1.2 are covered by the closing flaps 2 and thus closed. in paragraph [0030]) comprising: a vehicle part having a frame (flat component 1.1 shown in Figure 3) ; a first bank including a plurality of flap portions (flaps 2 shown in Figures 1 and 3) connecting to the frame (flat component 1.1 shown in Figure 3) and movable between a closed position and an open position in response to the actuation of a first actuator (It can also be provided that more than one drive unit 3 is used, so that the closure flaps 2 can be positioned using not just one drive unit 3. in paragraph [0038]); a second bank including a plurality of flap portions (flaps 2 shown in Figure 3) connected to the frame (flat component 1.1 shown in Figure 3) and movable between a closed position and an open position in response to the actuation of a second actuator (It can also be provided that more than one drive unit 3 is used, so that the closure flaps 2 can be positioned using not just one drive unit 3. in paragraph [0038]), and wherein plurality of flap portions of the first bank (flaps 2 shown in Figure 3) and the plurality of flap portions of the second bank (flaps 2 shown in Figure 3) are independently operated respectively by the first actuator and the second actuator (It can also be provided that more than one drive unit 3 is used, so that the closure flaps 2 can be positioned using not just one drive unit 3. in paragraph [0038]).
Regarding claim 30, DE 10 2015 007577 A1 discloses the vehicle part of claim 29, further comprising: a driver (wave 4 shown in Figure 2) connected to the first actuator of the first bank (drive unit 3 shown in Figure 2) and a plurality of couplers (rope 5 shown in Figure 2) individually connected between a respective one of the plurality of flap portions (flaps 2 shown in Figure 3) and the driver (wave 4 shown in Figure 2), so that all of the plurality of flap portions of the first bank (flaps 2 shown in Figure 3) are moved by the first actuator, (drive unit 3 shown in Figure 3) and a driver (wave 4 shown in Figure 2) connected to the second actuator of the second bank (drive unit 3 shown in Figure 2) and a plurality of couplers (rope 5 shown in Figure 2) individually connected between a respective one of the plurality of flap portions (flaps 2 shown in Figure 3) and the driver (wave 4 shown in Figure 2), so that all of the plurality of flap portions of the second bank (flaps 2 shown in Figure 3) are moved by the second actuator (drive unit 3 shown in Figure 2).
Regarding claim 31, DE 10 2015 007577 A1 discloses the vehicle part of claim 30, wherein the driver of the first bank (wave 4 shown in Figure 2) and the driver of the second bank (wave 4 shown in Figure 2) are each a rod that is rotated bi-directionally by the respective first actuator (drive unit 3 shown in Figure 2) and the second actuator (drive unit 3 shown in Figure 2) to push and pull the plurality of flap portions (flaps 2 shown in Figure 3) of the respective first bank and the second bank.
Allowable Subject Matter
Claims 1-28 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, DE 10 2015 007577 A1 discloses a morphable surface (To automatically move the closing flaps 2 into the closed position, the drive unit 3 is activated so that the shaft 4 rotates, winding the cables 5 onto the shaft 4 against the spring force of the spring elements 6. This causes the closing flaps 2 to pivot around the hinge axis of each hinge 8, which can be designed as a living hinge, into the closed position, so that the openings 1.2 are covered by the closing flaps 2 and thus closed. in paragraph [0030]) for enhancing vehicle aerodynamics comprising: a vehicle part having an outer layer of polymer material (The flat component 1.1, which is the main component of the panel 1 forms and outside or inside of components of the vehicle can be fastened, and/or the flaps 2 may be formed of the same material or of different materials. Examples of materials or material pairings are metallic materials, wood, fabric, plastic, leather with and without surface structuring, wherein the material used may have different colors and/or surface texturing, such as granite optics.) and an opening (opening 1.2 shown in Figures 1 and 2) formed through the vehicle part; a flap portion (flaps 2 shown in Figure 3) on the vehicle part having an outer layer for moving the flap portion (flaps 2 shown in Figure 3) between an open position where air can flow through the vehicle part and a closed position where the flap portion (flaps 2 shown in Figure 3) covers and prevents air from flowing through the opening (opening 1.2 shown in Figures 1 and 2).
However, DE 10 2015 007577 A1 does not show a plurality of struts connected to an inside surface of the outer layer, and an elongated connection connected to the least two of the plurality of struts.
Regarding claim 1, a plurality of struts connected to an inside surface of the outer layer, and an elongated connection connected to the least two of the plurality of struts is not taught nor is fairly suggested by the prior art of record.
Claims 2-13 depends on claim 1.
Regarding claim 14, DE 10 2015 007577 A1 discloses a morphable surface (To automatically move the closing flaps 2 into the closed position, the drive unit 3 is activated so that the shaft 4 rotates, winding the cables 5 onto the shaft 4 against the spring force of the spring elements 6. This causes the closing flaps 2 to pivot around the hinge axis of each hinge 8, which can be designed as a living hinge, into the closed position, so that the openings 1.2 are covered by the closing flaps 2 and thus closed. in paragraph [0030]) for enhancing vehicle aerodynamics comprising: a vehicle part having an outer layer of polymer material (The flat component 1.1, which is the main component of the panel 1 forms and outside or inside of components of the vehicle can be fastened, and/or the flaps 2 may be formed of the same material or of different materials. Examples of materials or material pairings are metallic materials, wood, fabric, plastic, leather with and without surface structuring, wherein the material used may have different colors and/or surface texturing, such as granite optics.) and an opening (opening 1.2 shown in Figures 1 and 2) formed through the vehicle part; a flap portion (flaps 2 shown in Figure 3) on the vehicle part having an outer layer and a first flexible connection (hinge 8 shown in Figure 3) for moving the flap portion (flaps 2 shown in Figure 3) between an open position where air can flow through the vehicle part and a closed position where the flap portion (flaps 2 shown in Figure 3) covers and prevents air from flowing through the opening (opening 1.2 shown in Figures 1 and 2).
However, DE 10 2015 007577 A1 does not show a plurality of struts connected to an inside surface of the outer layer; having an elongated connection connected to the least two of the plurality of struts and a second flexible connection having an elongated connection connected to the least two of the plurality of struts for moving the flap portion between an open position where air can flow through the vehicle part and a closed position where the flap portion covers and prevents air from flowing through the aperture.
Regarding claim 14, a plurality of struts connected to an inside surface of the outer layer; having an elongated connection connected to the least two of the plurality of struts and a second flexible connection having an elongated connection connected to the least two of the plurality of struts for moving the flap portion between an open position where air can flow through the vehicle part and a closed position where the flap portion covers and prevents air from flowing through the aperture is not taught nor is fairly suggested by the prior art of record.
Claims 15-23 depends on claim 14.
Regarding claim 24, DE 10 2015 007577 A1 discloses a morphable surface (To automatically move the closing flaps 2 into the closed position, the drive unit 3 is activated so that the shaft 4 rotates, winding the cables 5 onto the shaft 4 against the spring force of the spring elements 6. This causes the closing flaps 2 to pivot around the hinge axis of each hinge 8, which can be designed as a living hinge, into the closed position, so that the openings 1.2 are covered by the closing flaps 2 and thus closed. in paragraph [0030]) for enhancing vehicle aerodynamics comprising: a vehicle part having an outer layer of polymer material (The flat component 1.1, which is the main component of the panel 1 forms and outside or inside of components of the vehicle can be fastened, and/or the flaps 2 may be formed of the same material or of different materials. Examples of materials or material pairings are metallic materials, wood, fabric, plastic, leather with and without surface structuring, wherein the material used may have different colors and/or surface texturing, such as granite optics.) and an opening (opening 1.2 shown in Figures 1 and 2) formed through the vehicle part; a flap portion of the outer layer (flaps 2 shown in Figure 3) that is selectively moveable (hinge 8 shown in Figure 8) between an open position where air can flow through the vehicle part and a closed position where the flap portion of the outer surface (flaps 2 shown in Figure 3) covers and prevents air from flowing through the opening (opening 1.2 shown in Figures 1 and 2).
However, DE 10 2015 007577 A1 does not show wherein the flap portion has been e-beam treated to create a cross-link polymer material in the flap portion and provide stiffness to the flap portion.
Regarding claim 24, wherein the flap portion has been e-beam treated to create a cross-link polymer material in the flap portion and provide stiffness to the flap portion is not taught nor is fairly suggested by the prior art of record.
Claims 25-28 depends on claim 24.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Communication
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The Examiner can normally be reached from 8:30 a.m. to
4:30 p.m. EST Monday through Friday.
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The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lori Lyjak/Primary Examiner, Art Unit 3612B
