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 § 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 (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 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(s) 1-14 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Utter (EP3741620) in view of Tadakuma (JP20100143522).
Regarding claim 1, Utter discloses a vehicular active spoiler-type lighting device comprising: an insertion recess disposed in a vehicle body(1 has an insertion recess, Figs. 2 and 7); an air current adjustment module inserted into the insertion recess(2); a drive module mounted in the insertion recess and connected to the air current adjustment module(4); and a lamp module configured to provide lighting to the air current adjustment module(20). Utter, although anticipating spoiler type element (2) which deploys by means of a drive module, Utter does not clearly describe a sensor to initiate a “sports mode “ being selected in order to initiate the spoiler to extend from the insertion recess wherein, when a sports mode is selected, the drive module is configured to operate to protrude the air current adjustment module out of the insertion recess. Tadakuma discloses a spoiler type device which initiates movement of the spoiler from a storage position (22)based on a speed sensor(38). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a speed sensor, as taught by Tadakuma, in the device of Utter, as a means to initiate a “sports mode” that deploys the air current adjustment module (2) out of the insertion recess.
Regarding claim 2, the vehicular active spoiler-type lighting device of claim 1, wherein the drive module(4) is configured to pull the air current adjustment module out of the insertion recess or to insert the air current adjustment module into the insertion recess(figs. 2,3,5,7,13, Utter).
Regarding claim 3, the vehicular active spoiler-type lighting device of claim 1, wherein the air current adjustment module is configured to change a direction of air current flowing along a surface of the vehicle body.(Utter discloses “Recent developments to improve the aerodynamic coefficient of the vehicle have led manufacturers to offer rear fins comprising a fixed spoiler and a part movable in translation, also called a movable blade, sliding in the fixed part of the spoiler in the longitudinal direction of the vehicle so as to extend the fixed part towards the rear. This rearward extension of the surface produced by the movable blade reduces turbulence and thus improves the aerodynamics at the rear of the vehicle.
These devices in translation along the longitudinal direction of the vehicle have a significant aerodynamic effect, including at low speed, for example from 70 km / h. They also make it possible to reduce the drag of the vehicle without noticeable impact on the rear support.”, which is considered to satisfy the limitation of claim 3, since the movable blade is a spoiler, which improves the aerodynamics of the car along the rear of the vehicle).
Regarding claim 4, The vehicular active spoiler-type lighting device of claim 1, wherein the air current adjustment module is arranged in the same line with the vehicle body (See fig. 2, Utter) or protrude from the vehicle body by an operation of the drive module (See fig. 2, Utter).
Regarding claim 5, wherein the lamp module is mounted on the air current adjustment module and emits light. (Utter, (21),Figs. 13,14, Figs. 6-8).
Regarding claim 6, the vehicular active spoiler-type lighting device of claim 5, wherein the lamp module comprises a plurality of lamp modules, and the plurality of lamp modules is spaced apart in a lengthwise direction of the air current adjustment module. (Utter, Figs. 6-8)
Regarding claim 7, the vehicular active spoiler-type lighting device of claim 1, wherein an optical guide is formed on the air current adjustment module in a lengthwise direction of the air current adjustment module, and the lamp module emits light to the optical guide.(Utter, (22), Figs. 3-8).
Regarding claim 8,the vehicular active spoiler-type lighting device of claim 1, wherein the air current adjustment module guides straight-line propagation of light generated by the lamp module. (Utter, figs 6-8)
Regarding claim 9, the vehicular active spoiler-type lighting device of claim 1, wherein the drive module(4) is fixed inside the insertion recess and is movable in a sliding manner inside the insertion recess.(Utter, Figs 3,5,7,9,11, “A motorized group 4 makes it possible to drive the movable blade 2 along the longitudinal axis XX ', forwards or backwards. This motorized group 4 can for example include a worm screw system.)
Regarding claim 10, the vehicular active spoiler-type lighting device of claim 1, wherein the insertion recess is recessed from the surface of the vehicle body(Utter, figs. 1-13).
Regarding claim 1, the vehicular active spoiler-type lighting device of claim 1, wherein the air current adjustment module (2 ) corresponds in shape to the insertion recess(Fig. 2,3,5,7-14) and is configured to block the insertion recess from being exposed to the outside(23).(Utter)
Regarding claim 12, the vehicular active spoiler-type lighting device of claim 1, wherein the air current adjustment module (2) guides propagation of light generated by the lamp module (20)toward a rear or lateral side of the vehicle body.(Utter, rear side of the vehicle body, Figs. 6-8, Utter).
Regarding claim 13, The vehicular active spoiler-type lighting device of claim 1, wherein the air current adjustment module(2) extends in a leftward-rightward direction of the vehicle body.(as seen in Figs, 1,2, extends from a left to right direction (20), Utter.
Regarding claim 14, The vehicular active spoiler-type lighting device of claim 1, wherein the air current adjustment module (2)includes one or more modules each extending in an upward-downward direction of the vehicle body (Figs. 2, 6,8,12-14, extend in an upward and downward direction of the vehicle body, Utter).
Regarding claim 17, the vehicular active spoiler-type lighting device of claim 1, wherein the lamp is turned on in a state where the air current adjustment module protrudes(“It is useful to observe here that the angle of incidence around the transverse axis YY 'of the luminous device 20 does not change when the movable blade 2 passes from the deployed position to the retracted position and vice versa. The light flux emitted towards the rear of the vehicle by the lighting device 20 therefore remains substantially constant, whatever the position of the movable blade 2.”, Description figures 7-8, Utter).
Regarding claim 18, the vehicular active spoiler-type lighting device of claim 1, further comprising: a sealing member (23) mounted in the insertion recess and being contact with the air current adjustment module to block a foreign material from being introduced (“Aerodynamic device according to any one of the preceding claims, in which a protective lens(24) is mounted at the rear end of the trailing edge (23) to protect the lighting device (20) from external attacks.”, Utter)
Regarding claim 19, Utter discloses the vehicular active spoiler-type lighting device of claim 1. Utter, although disclosing a functioning drive module that moves the active spoiler device(2) outwardly from (1) and retracts the active spoiler device(2) back into (1), Utter does not disclose a controller configured to operate at least one of the drive module and the lamp module. Tadakuma discloses a spoiler (12) a controller (36) configured to operate the drive module (“the movable spoiler restraining device 34 can change the moving load of the right movable spoiler 12 based on, for example, a speed sensor 38 provided on the vehicle body and a control signal output from the control device 36”.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a controller to configured to operate the drive module (4) of Utter, as taught by Tadakuma, in order to use a control signal output from the control device 36 according to the traveling state of the vehicle body.
Allowable Subject Matter
Claims 15 and 16 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. Utter in view of Tadakuma, although disclosing the limitations of claim1, do not anticipate individually or teach in combination the limitations of claims 15 and 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Aider (FR 2854861) teaches a drag reduction element for an automobile (figs. 1-7).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANABEL TON whose telephone number is (571)272-2382. The examiner can normally be reached Monday -Friday 9:00pm -6:00pm (EST).
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, ABDULMAJEED AZIZ can be reached at (571)270-5046. 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.
/ANABEL TON/ Primary Examiner, Art Unit 2875
Prosecution Insights