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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/01/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claims 1, 6, and 7 objected to because of the following informalities: the term “in use” should be omitted. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: “wherein two or more arms” should be rewritten as “wherein the plurality of said arms”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention
Claim 7 recites the limitation “said suspension comprises an arm”. This renders the claim indefinite and unclear, as it is unclear whether the arm referenced in claim 7 is the same arm referenced in claim 1, from which claim 7 depends.
Claims 8-10 are rejected by virtue of depending from claim 7.
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)(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.
(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.
Claims 1-3, 5-7, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tesch (US20160257353A1), henceforth referred to as Tesch.
Regarding claim 1, Tesch discloses a suspension for a vehicle comprising a supporting structure and a hub holder (Annotated Figure 1 and Figure 2: suspension comprising subframe which forms a supporting structure, and wheel carrier 18), wherein the suspension comprises an arm which has a first end and a second end, wherein the first end is connected, in use, to the supporting structure of the vehicle, wherein the second end is connected, in use, to the hub holder of the vehicle (Annotated Figure 1 and Figure 2: suspension comprises link 28, with a first end connected to the subframe and the second end connected to wheel carrier 18), wherein said arm comprises a structural element and an aerodynamic fairing (Figure 2: link 28 comprises a link body and underbody panel 22), which is mounted on a respective portion of the structural element (Figure 2: underbody panel 22 is mounted on the body of link 28), wherein the structural element and the aerodynamic fairing are reciprocally movable (Paragraph [0035]: "Via the pendulum rod 32, any movement of the wheel carrier 18 or of the steering rod can be transmitted and converted into a pivoting movement of the underbody paneling part 22 about the axis of rotation predefined by the rotary plain bearing of the first bearing point 26").
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Regarding claim 2, Tesch discloses the structural element is a bar, which has a longitudinal axis and is interposed between the first end and the second end of the suspension, in particular, the structural element forms a single piece with the first end and the second end (Annotated Figure 1 and 2: structural element of link 28 is formed in a single piece bar shape with a longitudinal axis extending between the subframe and wheel carrier 18).
Regarding claim 3, Tesch discloses the aerodynamic fairing is fitted on a respective portion of the structural element; in particular, the aerodynamic fairing rotates around a respective portion of the structural element (Paragraph [0033]: "The connection between the first bearing point 26 and the transverse link 28 is realized by way of a sealed rotary plain bearing composed of a suitable plastic, which permits a rotational movement about a single axis of rotation" and Figure 1: panel 22 is pivotally connected to link 28 via pivot bearing 26).
Regarding claim 5, Tesch discloses a plurality of said arms (Annotated Figure 1: plurality of links 28).
Regarding claim 6, Tesch discloses two or more arms cause, in use, the reciprocal displacement of their aerodynamic fairings by direct contact and/or through aerodynamic loading (Paragraph [0037]: "The connection of the first bearing point 26 to the transverse link 28 is situated as close as possible to a center of rotation 38 of the wheel carrier 18 with respect to the transverse link 28, in order that the underbody paneling part 22 can follow the steering movement as identically as possible").
Regarding claim 7, Tesch discloses a vehicle comprising a supporting structure, a hub holder and a suspension according to claim 1 (See rejection of claim 1), wherein said suspension comprises an arm which has a first end which is connected, in use, to the supporting structure and a second end which is connected, in use, to the hub holder (Annotated Figure 1 and Figure 2: suspension comprises link 28, with a first end connected to the subframe and the second end connected to wheel carrier 18).
Regarding claim 10, Tesch discloses said suspension changes the reciprocal position between an aerodynamic fairing and a respective structural element without the use of actuators (Paragraph [0037]: "The connection of the first bearing point 26 to the transverse link 28 is situated as close as possible to a center of rotation 38 of the wheel carrier 18 with respect to the transverse link 28, in order that the underbody paneling part 22 can follow the steering movement as identically as possible", thus changing the position of panel 22 without the use of actuators).
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 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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tesch in view of Scholz (US 20160280284 A1), henceforth referred to as Scholz.
Regarding claim 4, Tesch does not teach a plurality of fairings. Scholz discloses said arm comprises a plurality of aerodynamic fairings, in particular, with respect to a reference axis, a plurality of aerodynamic fairings are flanked and/or spaced radially apart from one another (Figure 6C: arm 95A comprises a plurality of aerodynamic fairings 620M and 620V spaced radially apart). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the aerodynamic fairing of Tesch with the multiple piece construction of Scholz in order to further improve aerodynamics by covering more area (Paragraph [0093]).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tesch in view of Reynolds (US20220221025A1), henceforth referred to as Reynolds.
Regarding claim 8, Tesch discloses said second end moves along a given path (Paragraph [0033]: "The connection between the first bearing point 26 and the transverse link 28 is realized by way of a sealed rotary plain bearing composed of a suitable plastic, which permits a rotational movement about a single axis of rotation" and Figures 1 and 2: second end of link 28 is pivotally mounted on the subframe, and can thus articulate along the path of the suspension travel).
However, Tesch does not teach an abutment element. Reynolds discloses the vehicle comprising an abutment element which is configured to come into contact against the suspension when said second end reaches a certain position along said path (Figures 7 and 8: trailing arm bump plate 136 contacts bump stop assembly 100 when the trailing arm reaches a certain position along its travel path), wherein said abutment element is fixed (Figures 7 and 8: bump stop assembly 100 is fixed). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the suspension of Tesch with the bump stop of Reynolds to limit suspension travel in order to prevent bottoming out the vehicle (Paragraph [0029]).
Regarding claim 9, Tesch discloses the vehicle comprising a bodywork (Figure 1: vehicle 12 comprises a body). However, Tesch does not teach a damper. Reynolds further discloses a damper (Figure 5: damper and spring assembly attached between trailing arm and frame 112), wherein the abutment element is fixed to the supporting structure or to the hub holder or to the bodywork or to the damper (Figures 5, 7, and 8: bump stop assembly 100 is fixed to frame 112, which also fixes the first end of the trailing arm).
Cited Prior Art not Relied Upon
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes Beckon (US-20160339972-A1), which discloses an aerodynamic fairing rotatably attached to a suspension arm.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J O'NEILL whose telephone number is (571)272-4752. The examiner can normally be reached Mon - Fri: 7AM-4PM.
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/MATTHEW JAMES O'NEILL/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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