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 .
Status of Claims
Claims 1, 4-15 and 17-22 are pending in this application.
Claims 2-3 and 16 are cancelled.
Claims 1 and 14 are amended.
Claims 1, 4-15 and 17-22 are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendments
Claim Interpretation
The examiner is interpreting “fluidically connected” as a pathway between two components as support by the applicant’s specification. “Alternatively the breath analyzer 11 have its own air inlet 11 b, but in fluid connection with the interior air inlet so that the air is drawn also into the breath analyzer 11 by the HVAC fan 18.” (Specification: Pg. 15 Lines 5-8).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-15 and 17-22 are rejected under 35 U.S.C. 103 as being unpatentable over Hok et al. (US Publication 2017/0274768 A1) in view of Blackley (US Publication 2016/0363582 A1).
Regarding claim 1, Hok teaches a vehicle mounted combined HVAC and breath analyzing system acting on a compartment of the vehicle, the combined HVAC and breath analyzing system comprising: a breath analyzer arranged to analyze air from the compartment and to determine a concentration of a target substance in an air sample (Hok: Para. 27; tracer gas detection sensor; breath sample in which the tracer gas detection peak is found may be the same breath sample used for the BrAC); an HVAC system comprising HVAC system parts to control the air flow in the HVAC system and in the compartment (Hok: Para. 31; a vehicle's heating, ventilation and air conditioning (HVAC) system).
Hok doesn’t explicitly teach the HVAC system parts comprising at least one exterior air inlet fluidically connected to ambient air outside of the compartment, at least one interior air inlet fluidically connected to the compartment, at least one interior air outlet fluidically connected to the compartment, at least one fan and at least one valve.
However Blackley, in the same field of endeavor, teaches the HVAC system parts comprising at least one exterior air inlet fluidically connected to ambient air outside of the compartment, at least one interior air inlet fluidically connected to the compartment, at least one interior air outlet fluidically connected to the compartment, at least one fan and at least one valve (Blackley: Para. 66, 138, 142-145; breath analysis apparatus may have the ability to intake and test ambient air quality, as well as output from personal vaporizers; an intake fan; breath analysis apparatus may include a plurality of valves, wherein a respective one of the valves is interposed between the vaporizer and a corresponding one of outlet and/or outlet (e.g., one or more inlets of flexible tubes); breath analysis apparatus and system may also be integrated with existing HVAC systems; micro-devices may also be utilized for vehicles).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
In the following limitations, Hok teaches the HVAC system arranged to have plurality of modes of operation representing different ventilation, heating and cooling operations achievable by different settings or sequences of settings of the HVAC system parts (Hok: Para. 31, 48; a vehicle's heating, ventilation and air conditioning (HVAC) system; an HMI is in communication with the CPU and may be used to communicate with a driver to request an BrAC measurement from an active breath sample; HMI may be a multi-purpose interface; other functions may be navigation, HVAC interaction).
Hok doesn’t explicitly teach the HVAC system configured to be arranged in an open position drawing ambient air from the at least one exterior air inlet to the interior air outlet and a closed position permitting a build-up of target substance concentration in the compartment.
However Blackley, in the same field of endeavor, teaches the HVAC system configured to be arranged in an open position drawing ambient air from the at least one exterior air inlet to the interior air outlet and a closed position permitting a build-up of target substance concentration in the compartment (Blackley: Para. 103, 142-145, 156; breath analysis apparatus and system may also be integrated with existing HVAC systems; micro-devices may also be utilized for vehicles; the vaporizer can be configured to intake air into the filtration element, filter the air, and bypass the mixing chamber by engaging a door and a door to pass the filtered air directly to the exhaust port).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
In the following limitation, Hok teaches a central control unit arranged to control both the breath analyzer and the HVAC system (Hok: Para. 10; sending sensor signals to a central processing unit (CPU) of the breath test system, which is in communication with a CPU of the vehicle; in some embodiments, the processor receives the sensor signals from the sensors).
Hok doesn’t explicitly teach wherein the central control unit is arranged to (i) set the HVAC system in the open position during a first time period.
However Blackley, in the same field of endeavor, teaches wherein the central control unit is arranged to (i) set the HVAC system in the open position during a first time period (Blackley: Para. 66; delivering air to the filtration element; breath analysis apparatus can be configured to intake air into the filtration element, filter the air, and pass the filtered air to the vaporizer).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
In the following limitations, Hok teaches (ii) set the HVAC system to the closed position during a subsequent second time period (Hok: Para. 24, 31; if a driver's breath is detected, the testing conditions within the vehicle are normal; HVAC system is preferably turned OFF or in a normal operating condition during the process 100), and (iii) activate the breath analyzer to analyze air from the compartment to determine the concentration of the target substance in the air sample during the second time period (Hok: Para. 20, 26; measuring the initial conditions of the vehicle before the driver has entered; measuring the concentration of a tracer gas, such as carbon dioxide, which indicates the dilution of the driver's breath in the air within the vehicle).
Regarding claim 4, Hok teaches the vehicle mounted combined HVAC and breath analyzing system according to claim 1, wherein the central control unit (Hok: Para. 26; testing at may also entail measuring the initial conditions of the vehicle before the driver has entered).
Hok doesn’t explicitly teach is further arranged to return the HVAC system to the open position after the second time period drawing external air from the at least one exterior air inlet and causing purging of air in the compartment.
However Blackley, in the same field of endeavor, teaches is further arranged to return the HVAC system to the open position after the second time period drawing external air from the at least one exterior air inlet and causing purging of air in the compartment (Blackley: Para. 138, 156; the breath analysis apparatus may have the ability to intake and test ambient air quality; drawing air in through a vapor path; once analyzed (or immediately, if no analysis is to be performed) the in-drawn vapor or mixture may be exhausted via the vapor path, or via a different outlet).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
Regarding claim 5, Hok teaches the vehicle mounted combined HVAC and breath analyzing system according to claim 1, wherein the central control unit is further arranged to activate the breath analyzer during the first time period (Hok: Para. 26; measuring the initial conditions of the vehicle before the driver has entered, such as CO.sub.2 levels, EtOH concentrations in the vehicle air) to measure a baseline (Hok: Para. 26; testing at may also entail measuring the initial conditions of the vehicle before the driver has entered).
Regarding claim 6, Hok teaches the vehicle mounted combined HVAC and breath analyzing system according to claim 1, further comprising driver presence detection means for detecting the presence of a driver within the compartment (Hok: Para. 24; initiated by a wireless door key to unlock the vehicle doors, by opening the door to the driver's seat, or any other indicator capable of signaling that a driver has entered a vehicle), and wherein the central control unit is arranged to place the HVAC system in a dedicated breath analysis mode based on an input from the driver presence detection means (Hok: Para. 24, 31; if a driver's breath is detected, the testing conditions within the vehicle are normal, and the time limit has not been exceeded, then the process will proceed to 112 and a BrAC measurement from a passive breath sample will be made; HVAC system is preferably turned OFF or in a normal operating condition during the process).
Regarding claim 7, Hok teaches the vehicle mounted combined HVAC and breath analyzing system according to claim 6, wherein the central control unit is arranged to at least one of change the valve position and activate the breath analyzer based on the input from the driver presence detection means (Hok: Para. 20, 24; opening the door to the driver's seat; signaling that a driver has entered a vehicle; in passive breath testing, the air within the vehicle is pulled into the sensor with a fan).
Regarding claim 8, Hok doesn’t explicitly teach wherein the central control unit is arranged to set or maintain the at least one valve in the open position drawing external air from the at least one exterior air inlet during the first time period after a detection of a driver.
However Blackley, in the same field of endeavor, teaches wherein the central control unit is arranged to set or maintain the at least one valve in the open position drawing external air from the at least one exterior air inlet during the first time period after a detection of a driver (Blackley: Para. 138, 156; the breath analysis apparatus may have the ability to intake and test ambient air quality; drawing air in through a vapor path; once analyzed (or immediately, if no analysis is to be performed) the in-drawn vapor or mixture may be exhausted via the vapor path, or via a different outlet).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
Regarding claim 9, Hok teaches the vehicle mounted combined HVAC and breath analyzing system according to claim 4, wherein the central control unit is arranged to activate the breath analyzer during the first time period, wherein the breath analyzer is arranged to measure a baseline (Hok: Para. 26; testing at may also entail measuring the initial conditions of the vehicle before the driver has entered), and the central control unit is arranged to activate the breath analyzer during the second time period, wherein the breath analyzer is arranged to determine the concentration of the target substance in the compartment during the second time period (Hok: Para. 20, 26; measuring the initial conditions of the vehicle before the driver has entered; measuring the concentration of a tracer gas, such as carbon dioxide, which indicates the dilution of the driver's breath in the air within the vehicle).
Hok doesn’t explicitly teach wherein the breath analyzer is arranged to determine the concentration of the target substance in the compartment during purging of the air in the compartment.
However Blackley, in the same field of endeavor, teaches wherein the breath analyzer is arranged to determine the concentration of the target substance in the compartment during purging of the air in the compartment (Blackley: Para. 138; the breath analysis apparatus may have the ability to intake and test ambient air quality; drawing air in through a vapor path; once analyzed (or immediately, if no analysis is to be performed) the in-drawn vapor or mixture may be exhausted via the vapor path, or via a different outlet).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
Regarding claim 10, Hok doesn’t explicitly teach wherein the breath analyzer is integrated in the HVAC system so that the at least one interior air inlet is an inlet to both the HVAC system and the breath analyzer.
However Blackley, in the same field of endeavor, teaches wherein the breath analyzer is integrated in the HVAC system so that the at least one interior air inlet is an inlet to both the HVAC system and the breath analyzer (Blackley: Para. 103, 142-145; breath analysis apparatus and system may also be integrated with existing HVAC systems; micro-devices may also be utilized for vehicles; vaporizer can be configured to intake air into the filtration element, filter the air, and pass the filtered air to the mixing chamber).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
Regarding claim 11, Hok teaches the vehicle mounted combined HVAC and breath analyzing system according to claim 10, wherein the breath analyzer is arranged downstream of the at least one fan and at least one valve of the HVAC system (Hok: Para. 20; in passive breath testing, the air within the vehicle is pulled into the sensor with a fan).
Regarding claim 12, Hok teaches the vehicle mounted combined HVAC and breath analyzing system according to claim 1, wherein the HVAC system is, in a special mode of operation, arranged to draw air backwards from the compartment via the at least one interior air outlet and pass the air to the breath analyzer (Hok: Para. 20; in passive breath testing, the air within the vehicle is pulled into the sensor with a fan).
Regarding claim 13, Hok teaches the vehicle mounted combined HVAC and breath analyzing system according to claim1, wherein the breath analyzer is arranged to measure a target substance concentration and a tracer gas concentration (Hok: Para. 20; BrAC measurement is made by first measuring the concentration of a tracer gas, such as carbon dioxide, which indicates the dilution of the driver's breath in the air within the vehicle; the measured EtOH concentration can be combined with this breath dilution factor to determine a BrAC).
Regarding claim 14, Hok teaches a method of determining a target substance using a vehicle mounted combined HVAC and breath analyzing system acting on a compartment of the vehicle, wherein the combined HVAC and breath analyzing system comprises a breath analyzer arranged to analyze air from the compartment and to determine a target substance and a tracer gas in an air sample (Hok: Para. 27; tracer gas detection sensor; breath sample in which the tracer gas detection peak is found may be the same breath sample used for the BrAC), an HVAC system comprising HVAC system parts to control the air flow in the HVAC system and in the compartment (Hok: Para. 31; a vehicle's heating, ventilation and air conditioning (HVAC) system).
Hok doesn’t explicitly teach the HVAC system parts comprising at least one exterior air inlet fluidically connected to ambient air outside of the compartment, at least one interior air inlet fluidically connected to the compartment, at least one interior air outlet fluidically connected to the compartment, at least one fan and at least one valve.
However Blackley, in the same field of endeavor, teaches the HVAC system parts comprising at least one exterior air inlet fluidically connected to ambient air outside of the compartment, at least one interior air inlet fluidically connected to the compartment, at least one interior air outlet fluidically connected to the compartment, at least one fan and at least one valve (Blackley: Para. 66, 138, 142-145; breath analysis apparatus may have the ability to intake and test ambient air quality, as well as output from personal vaporizers; an intake fan; breath analysis apparatus may include a plurality of valves, wherein a respective one of the valves is interposed between the vaporizer and a corresponding one of outlet and/or outlet (e.g., one or more inlets of flexible tubes); breath analysis apparatus and system may also be integrated with existing HVAC systems; micro-devices may also be utilized for vehicles).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
In the following limitations, Hok teaches the HVAC system arranged to have plurality of modes of operation representing different ventilation, heating and cooling operations (Hok: Para. 31, 48; a vehicle's heating, ventilation and air conditioning (HVAC) system; an HMI is in communication with the CPU and may be used to communicate with a driver to request an BrAC measurement from an active breath sample; HMI may be a multi-purpose interface; other functions may be navigation, HVAC interaction).
Hok doesn’t explicitly teach the HVAC system configured to be arranged in an open position drawing ambient air from the at least one exterior air inlet to the interior air outlet and a closed position permitting a build-up of target substance concentration in the compartment.
However Blackley, in the same field of endeavor, teaches the HVAC system configured to be arranged in an open position drawing ambient air from the at least one exterior air inlet to the interior air outlet and a closed position permitting a build-up of target substance concentration in the compartment (Blackley: Para. 103, 145, 156; breath analysis apparatus and system may also be integrated with existing HVAC systems; micro-devices may also be utilized for vehicles; the vaporizer can be configured to intake air into the filtration element, filter the air, and bypass the mixing chamber by engaging a door and a door to pass the filtered air directly to the exhaust port).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
In the following limitations, Hok teaches a central control unit arranged to control both the breath analyzer and the HVAC system (Hok: Para. 10; sending sensor signals to a central processing unit (CPU) of the breath test system, which is in communication with a CPU of the vehicle; in some embodiments, the processor receives the sensor signals from the sensors), the method comprising: overriding a current mode of the HVAC system to place the HVAC system in a dedicated breath analysis mode (Hok: Para. 31; determine the status of a vehicle's heating, ventilation and air conditioning (HVAC) system, such as whether it is in an ON state or an OFF state; HVAC system is preferably turned OFF or in a normal operating condition during the process 100).
Hok doesn’t explicitly teach wherein the breath analysis mode comprises: setting the HVAC system in the open position drawing ambient air from the at least one exterior air inlet during a first time period.
However Blackley, in the same field of endeavor, teaches wherein the breath analysis mode comprises: setting the HVAC system in the open position drawing ambient air from the at least one exterior air inlet during a first time period (Blackley: Para. 66, 156; delivering air to the filtration element; breath analysis apparatus can be configured to intake air into the filtration element, filter the air, and pass the filtered air to the vaporizer).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
In the following limitations, Hok teaches setting the HVAC system to the closed position permitting a build-up of target substance concentration in the compartment during a subsequent second time period (Hok: Para. 24, 31; if a driver's breath is detected, the testing conditions within the vehicle are normal; HVAC system is preferably turned OFF or in a normal operating condition during the process 100); and activating the breath analyzer to analyze air from the compartment to determine the concentration of the target substance in the air sample during the second time period (Hok: Para. 20, 26; measuring the initial conditions of the vehicle before the driver has entered; measuring the concentration of a tracer gas, such as carbon dioxide, which indicates the dilution of the driver's breath in the air within the vehicle).
Regarding claim 15, Hok teaches the method according to claim 14, further comprising the steps of; detecting the presence of a driver; and placing the HVAC system in the dedicated breath analysis mode based on the detection of the driver (Hok: Para. 24, 31; as the driver or test subject takes the first steps towards entering the driver seat of the vehicle, process will initiate sensors to monitor the testing conditions within the vehicle, the detection of a driver's breath; HVAC system is preferably turned OFF or in a normal operating condition during the process; the testing conditions within the vehicle are normal, and the time limit has not been exceeded, then the process will proceed to 112 and a BrAC measurement from a passive breath sample will be made).
Regarding claim 17, Hok teaches the method according to claim 14, wherein placing the HVAC system in the dedicated breath analysis mode comprises at least one of changing a position of the at least one valve and activating the breath analyzer (Hok: Para. 24, 31; if a driver's breath is detected, the testing conditions within the vehicle are normal; HVAC system is preferably turned OFF or in a normal operating condition during the process 100).
Regarding claim 18, Hok doesn’t explicitly teach comprising returning the HVAC system to the open position after the second time period and drawing external air from the at least one exterior air inlet and causing purging of air in the compartment.
However Blackley, in the same field of endeavor, teaches comprising returning the HVAC system to the open position after the second time period and drawing external air from the at least one exterior air inlet and causing purging of air in the compartment (Blackley: Para. 138, 156; the breath analysis apparatus may have the ability to intake and test ambient air quality; drawing air in through a vapor path; once analyzed (or immediately, if no analysis is to be performed) the in-drawn vapor or mixture may be exhausted via the vapor path, or via a different outlet).
It would have been obvious to one having ordinary skill in the art to modify the tracer gas detection sensor taught in Hok (Hok: Para. 27) with an exhaust port to ambient air taught in Blackley (Blackley: Para. 156) because a breath analysis apparatus integrated into a vehicle’s HVAC systems to provide monitoring, custom air elements and testing within the distribution system for the HVAC is taught by Blackley (Blackley: Para. 145).
Regarding claim 19, Hok teaches the method according to claim 18, wherein the breath analyzer is activated during the first time period, and wherein the breath analyzer measures a baseline (Hok: Para. 26; testing at may also entail measuring the initial conditions of the vehicle before the driver has entered).
Regarding claim 20, Hok teaches the method according to claim 19, further comprising the breath analyzer being arranged to analyze air from the compartment and to determine a concentration of a target substance in an air sample during the air purging step (Hok: Para. 39; sensor draws air continuously through an inlet, to an outlet, and measures for both the presence of a tracer gas such as CO.sub.2 and the presence of EtOH within the airflow).
Regarding claim 21, Hok teaches the method according to claim 15, further comprising the HVAC system drawing air backwards from the compartment via the at least one interior air outlet and passing the air to the breath analyzer (Hok: Para. 20; in passive breath testing, the air within the vehicle is pulled into the sensor with a fan), and instructing the driver to direct a breath towards the at least one interior air outlet (Hok: Para. 8, 21; processor requests an active second air sample from the driver and measures the BrAC of the driver; the driver may be required to be close to the sensor, and to direct a forced, undiluted breath towards the sensor or through an air inlet).
Regarding claim 22, Hok teaches the method according to claim 15, further comprising the HVAC system drawing air backwards from the compartment via a dedicated inlet and passing the air to the breath analyzer, and instructing the driver to direct a breath towards the dedicated inlet (Hok: Para. 18, 21; in an active breath test, the driver may be required to be close to the sensor, and to direct a forced, undiluted breath towards the sensor or through an air inlet; sensor or measuring device then measures the alcohol content in the air).
Response to Arguments
Applicant’s arguments, filed 26 November 2025, with respect to the rejection of claims 1, 3-15, and 17-20 under 35 U.S.C. 103 have been fully considered, but they are not persuasive.
The applicant argues that “the HVAC system parts comprising at least one exterior air inlet fluidically connected to ambient air outside of the compartment, at least one interior air outlet fluidically connected to the compartment, at least one fan and at least one valve” is not taught by Blackley.
In response to the argument above, the examiner is interpreting “fluidically connected” as a pathway between two components as support by the applicant’s specification. “Alternatively the breath analyzer 11 have its own air inlet 11 b, but in fluid connection with the interior air inlet so that the air is drawn also into the breath analyzer 11 by the HVAC fan 18.” (Specification: Pg. 15 Lines 5-8).
Blackley teaches a breath analysis apparatus that includes a plurality of valves interposed between the vaporizer 108, where air is drawn in by a fan 130 to the filtration element 126, and corresponding outlets 114 and 124. Blackley teaches the one or more inlets of flexible tubes (Blackley: Para. 66, 72). In the breath analysis apparatus 100, Blackley teaches a fan to draw in air, connected inlets and outlets with flexible tubes and at least one valve in between. Blackley teaches a breath analysis apparatus 1420 with a breath intake component 1405, such as an intake fan (Blackley: Para. 138). Blackley also teaches a robotic vapor device 1420 with the ability to intake and test ambient air quality (Blackley: Para. 142-143). Blackley teaches the breath analysis apparatus 1420 integrated with an existing vehicle HVAC system (Blackley: Para. 145).
It is obvious to one of ordinary skill that a vehicle’s HVAC system includes an exterior air inlet fluidically connected to ambient air, at least one interior air inlet and at least one interior air outlet to send air from the HVAC system into the cabin and allow air to leave the cabin, which is facilitated normally by at least one fan and one valve. Blackley teaches the claimed components which are also components normally found in a vehicle’s HVAC system.
The applicant next argues that a person of skill in the art would not be motivated to combine these different embodiments of Blackley together.
Blackley teaches a breath analysis apparatus that includes a plurality of valves interposed between the vaporizer 108, where air is drawn in by a fan 130 to the filtration element 126, and corresponding outlets 114 and 124. Blackley teaches the one or more inlets of flexible tubes (Blackley: Para. 66, 72). In the breath analysis apparatus 100, Blackley teaches a fan to draw in air, connected inlets and outlets with flexible tubes and at least one valve in between. Figure 1 shows what components are found in the vapor device 100 versus the components found in the robotic vapor device 101.
Blackley teaches a robotic sensing intake and distribution vapor device 1420 in Figure 14 (Blackley: Para. 142, Fig. 14). Blackley teaches a robotic vapor device that has the ability to intake and test ambient air quality (Blackley: Para. 143). The robotic vapor device is equipped to test and analyze gases and to exhaust such gas to an ambient environment (Blackley: Para. 142). Blackley teaches the breath analysis apparatus 1420 may also be integrated with existing HVAC systems to provide monitoring, custom air elements and testing within the distribution system for a vehicle’s HVAC (Blackley: Para. 145). Blackley teaches the robotic sensing intake and distribution vapor device integrated into a vehicle’s HVAC. Figure 14 shows a simple drawing of a robotic vapor device 1420.
It would be obvious to one of ordinary skill in the art to take features from various embodiments to improve the Blackley taught breath analysis device in a vehicle’s HVAC system.
The applicant next argues that examiner has not established a prima facie case of obviousness.
In response to applicant’s argument above, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). The examiner’s responses to the other submitted arguments show an obviousness of modifying Hok’s testing of a driver’s breath in the vehicle with the integrated features of Blackley’s modifications.
The applicant next argues that a person of skill in the art would not be motivated to combine Blackley with Hok.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, Hok teaches a vehicle tracer gas detecting sensor for testing the driver’s breath from passive or active breath samples while controlling the vehicle’s HVAC (Hok: Para. 24, 31). Blackley teaches the breath analysis apparatus 1420 may also be integrated with existing HVAC systems to provide monitoring, custom air elements and testing within the distribution system for a vehicle’s HVAC (Blackley: Para. 145). It would be obvious to one of ordinary skill in the art to use Blackley’s vehicle HVAC integrated breath analysis apparatus with the control and timing taught in Hok’s breath testing of a driver in a vehicle.
The applicant next argues that “Blackley does not teach or suggest a system comprising at least one exterior air inlet fluidically connected to ambient air outside of a compartment, at least one interior air inlet fluidically connected to the compartment and at least one interior air outlet fluidically connected to the compartment.”
In response to the applicant’s argument above, Blackley teaches a breath analysis apparatus 1420 with a breath intake component 1405, such as an intake fan (Blackley: Para. 138). Blackley also teaches a robotic vapor device 1420 with the ability to intake and test ambient air quality (Blackley: Para. 142-143). Blackley teaches the breath analysis apparatus 1420 integrated with an existing vehicle HVAC system (Blackley: Para. 145).
It is obvious to one of ordinary skill that a vehicle’s HVAC system includes an exterior air inlet fluidically connected to ambient air, at least one interior air inlet and at least one interior air outlet to send air from the HVAC system into the cabin and allow air to leave the cabin, which is facilitated normally by at least one fan and one valve. Blackley teaches the claimed components which are also components normally found in a vehicle’s HVAC system.
The applicant next argues that Blackley provides no suggestion that existing HVAC systems could be modified to incorporate an exterior air inlet, interior air inlet or interior air outlet.
In response to the applicant’s argument above, the applicant does not claim an after-market breath analyzing system that is incorporated with a vehicle HVAC system. Claim 1 includes “a vehicle mounted combined HVAC and breath analyzing system” which broadest reasonable interpretation includes a breath analysis system incorporated into the existing vehicle HVAC system (Blackley: Para. 145).
The applicant next argues that Hok does not disclose a control unit configured to control the HVAC system so as to permit a build-up of a target substance concentration in the vehicle compartment.
In response to the applicant’s argument above, Hok detected the vehicle door’s unlocking and the driver entering the vehicle. The sensors are initiated, monitoring the testing conditions within the vehicle. The detection of the driver’s breath being built up in the closed compartment of the vehicle and pulled into the sensor with a fan during a set time period (Hok: Para. 20). The system has a time limit. The build up for driver’s breath to create a concentration that can be testing and testing need to happen before the time limit is exceeded (Hok: Para. 24, Fig. 1). The time limit taught by Hok reads on the claimed second time period. Hok gives details on alcohol testing. This testing is triggered by the concentration of a tracer gas, such as carbon dioxide, which indicates the dilution of the driver's breath in the air within the vehicle (Hok: Para. 20, 26). The concentration of cardon dioxide is the activation for a breath analyzer looking for alcohol. The HVAC system is preferably turned OFF during the process of driver’s breath build up in the vehicle’s cabin. Use of the HVAC system during passive breath testing may excessively dilute the driver's EtOH level, divert the driver's breath away from the sensor, or otherwise prevent an accurate passive breath test (Hok: Para. 31). Hok teaches control of the HVAC system to the off mode so that the driver’s breath can build up in the vehicle’s cabin for testing.
The applicant next argues that claims 4-13 are allowable at least based on their dependencies.
In response to the argument above, claim 1 is rejected and all its dependent claims would be rejected at least based on their dependencies.
The applicant next argues that claim 14 has been amended in a manner similar to amended claim 1 and therefore allowable for at least the reasons advanced above.
In response to the argument above, the examiner’s responses to the arguments addressed to claim 1 would similarly apply to claim 14.
The applicant next argues that claims 15 and 17-22 are allowable at least based on their dependencies.
In response to the argument above, claim 14 is rejected and all its dependent claims would be rejected at least based on their dependencies.
The applicant’s arguments have failed to point out the distinguishing characteristics of the amended claim language over the prior art. For the above reasons, Hok’s breath test reads on applicant’s vehicle mounted breath analyzing system. The rejection is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E LINHARDT whose telephone number is (571)272-8325. The examiner can normally be reached on M-TR, M-F: 8am-4pm.
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/L.E.L./Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663