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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it uses the term “disclosure” in line 1. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Paragraph 0050 identifies a second protrusion 36.2 in figure 13, but the reference numeral does not appear in figure 13. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US Patent 9,139,241).
Re claim 1, Smith discloses an aerodynamic skirt (96, figure 1)for a vehicle, the aerodynamic skirt comprising a panel (110A, figure 4), the aerodynamic skirt being configured to be mounted in a mounting orientation defining an orientation of the aerodynamic skirt with respect to a driving direction of the vehicle (as shown in figure 1), said panel being arranged vertically when the aerodynamic skirt is mounted in the mounting orientation (as shown in figure 4), said panel including a bottom end with respect to the mounting orientation; and, a protrusion (116A or 118A) at said bottom end arranged transversely with respect to said panel.
Re claim 2, said protrusion is formed by a plate arranged transversely with respect to said panel (118A or 116A).
Re claim 3, said protrusion is segmented with respect to the driving direction (the protrusion is used on panels 96, 74, and 78 which each include different segments).
Re claim 4, said protrusion is formed continuously with respect to the driving direction (the protrusion is formed continuously with respect to the portion being used on 96).
Re claim 5, said protrusion is arranged at an angle with respect to said panel, and said angle is larger than 45° (as seen in figure 4, the angle is 90 degrees).
Re claim 6, said angle is larger than at least one of 70° and 85° (as seen in figure 4, the angle is 90 degrees).
Re claim 7, said protrusion is arranged at least one of orthogonally with respect to said panel (the protrusion is orthogonal to the panel) and horizontally when the aerodynamic skirt is mounted in said mounting orientation.
Re claim 8, the protrusion is an inward protrusion or an outward protrusion with respect to said mounting orientation (the protrusion protrudes both inwardly and outwardly as shown in figure 4).
Re claim 9, an inward protrusion and an outward protrusion both arranged at said bottom end of said panel and arranged transversely with respect to said panel (as shown in figure 4, the protrusion extends inwardly and outwardly).
Re claim 10, said inward protrusion and said outward protrusion are configured symmetrically or asymmetrically with respect to said panel (as shown in figure 4, the protrusions are symmetrical).
Re claim 11, said panel has a first length (the length of the panel associated with 96 in figure 4) with respect to the driving direction; said protrusion has a second length (the length of the protrusion associated with 78 in figure 1) with respect to the driving direction, and said second length is smaller than said first length.
Re claim 12, at least one of a ratio of said second length of said protrusion and said first length of said panel is at least one of: at least 1/5 and at most 4/5 (as shown by figure 1, the length of the protrusion associated with 78 in relation to the length of the panel of 96 fits within the specified range); and, said protrusion is positioned at a front end of said panel, at a rear end of said panel (the protrusion is at a rear end of the panel of 96) or spaced apart from both said front end of said panel and said rear end of said panel.
Re claim 13, said protrusion extends along a full length of said panel (the protrusion extends of the full length of the panel of 96).
Re claim 14, at least one of said panel includes a first portion arranged in parallel to the driving direction (the panel of 96 is a first portion that is parallel to the driving direction) and said panel includes a second portion which converges forwardly with respect to the driving direction.
Re claim 15, at least one of said protrusion is attached to said panel via a welded connection; and, said protrusion is formed at least one of: as one piece with said panel (the protrusion formed in one piece with the panel as shown in figure 4), by cold forming, and by bending.
Re claim 16, the vehicle is a trailer or a tractor-trailer- combination (as shown in figure 1).
Re claim 17, Smith discloses a vehicle comprising an aerodynamic skirt having a panel (110A, figure 4),
said aerodynamic skirt being configured to be mounted in a mounting orientation defining an orientation of said aerodynamic skirt with respect to a driving direction of the vehicle (as shown by figure 1 attached to 96), said panel being arranged vertically when said aerodynamic skirt is mounted in the mounting orientation, said panel including a bottom end with respect to the mounting orientation, and, said aerodynamic skirt including a protrusion (118A, 116A, figure 4) at said bottom end arranged transversely with respect to said panel.
Re claim 18, a chassis (shown in figure 1) and, said aerodynamic skirt being positioned under said chassis (along the bottom edge of 96) are provided.
Re claim 19, a rear axle aggregate (94, figure 1) having at least one axle, and said aerodynamic skirt (96, figure 1) being positioned in front of said rear axle aggregate with respect to the driving direction.
Re claim 20, the vehicle is a trailer or a tractor-trailer- combination (as shown in figure 1).
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 Patent Application Publication 2013/0119701 teaches the use of a fairing which tapers toward the front of a trailer.
US Patent Application Publication 2007/0176466 teaches a fairing with a protrusion along a bottom edge.
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
September 25, 2026
Prosecution Insights