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 .
Response to Arguments, Amendments
Applicant is thanked for their October 15, 2025 response to the Office Action filed September 10, 2025. Applicant’s arguments with respect to claim(s) 12 – 31 have been considered, and inasmuch as they pertain to prior art still being relied upon, the examiner’s response follows below. Respectfully, any arguments/ remarks directed towards newly amended limitations are moot if they resulted in a new ground(s) of rejection.
In response to the 35 U.S.C §112(a) rejection of Claims 12 and 19 as failing to comply with the written description requirement, Applicant remarked that “the outstanding Office Action continues to recite several paragraphs of the instant specification as published (US 2022/0305884 Al) and cites paragraph [0039] to support the rejection. However, the cited paragraph, reproduced below explicitly teaches the first partial detector 36a and second partial detector 36b are arranged in their respective zones (8a, 8b):
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Applicant notes that the applicable standard for a rejection of a claim based on the written description requirement requires a presentation by a preponderance of the evidence why a person skilled in the art would not recognize in an applicant's disclosure a description of the invention defined by the claims.”
The examiner respectfully regrets any ambiguity in the previous office action. In a single sentence, as Applicant defined the electric auxiliary heater as having a first zone and a second zone, support is limited to wherein the detectors are after/downstream of the first and second zones. The heater has zones, not the system, discussed below:
Specification paragraph [0024] discloses “Partial detectors as further detectors are arranged in the flow direction of the overall mass flow after the auxiliary heater and before the climate control unit”.
Specification paragraph [0035] discloses “an electrical auxiliary heater 6 having a first zone 8a and a second zone 8b”. This is paramount; Applicant defines that the heater has zones, therefore a zone is defined as a segment of the auxiliary heater.
Accordingly, if a detector is in the zone, it is in the heater, and not downstream of the heater as supported by Applicant’s disclosure.
Specification paragraph [0039] discloses:
“the climate control device 2 comprises as further detectors a first partial detector 36a and a second partial detector 36b, wherein the first partial detector 36a is arranged here after the first zone 8a and before the climate control unit 12 in the flow direction of the overall mass flow 16 or the first partial mass flow 18a.”
“A second partial detector 36b is arranged in the flow direction of the overall mass flow 16 or the second partial mass flow 18b after the second zone 8b of the auxiliary heater 6 and before the climate control device 12.”
Figure 1 discloses that the first partial detector 36a, and the second partial detector 36b are arranged after the first zone and the second zone.
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Claim 12 (line 2) and Claim 19 (lines 1 – 2) both discloses, “an overall mass flow of air is guided through an auxiliary heater, which has multiple zones”. The auxiliary heater has zones, and support is limited to detectors downstream of the zones, not in the zones.
There is clear support for a partial detector (36n) is arranged after/downstream of each zone (8n). A person having ordinary skill would recognize that each partial detector (36n) is located in a partial mass flow (18n), downstream of its respective zone (8n).
However, for a detector to be in a zone, the detector would need to be embedded or implanted within the electrical auxiliary heater 6 having a first zone 8a and a second zone 8b, not downstream of the electrical auxiliary heater 6 having a first zone 8a and a second zone 8b. Nowhere is it stated that the climate control device 2 has a first zone and a second zone, such that there would be support for the Feb 20, 2025 amendment.
In a schematic representation, Applicant is trying to claim:
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The amended claims overcome the 35 USC §112(a) rejection, but it is maintained that claims 12 and 19, filed January 20, and July 29, 2025, lacked written support.
In response to the 35 U.S.C §112(b) rejection of Claims 15, 23, and 24 as being indefinite, Applicant remarked (inter alia) that “claim 12 is amended to correct the noted informalities.”
The examiner respectfully thanks Applicant for amending Claim 12 to disclose “wherein an nth zone having a respective nth partial detector” to provide proper antecedence for the recitation of “the nth partial detector” in claims 15, 23, and 24. The indefiniteness rejection has been withdrawn.
In response to the 35 USC §103 rejection of claims 12, 15, 27, and 30; Claims 16, and 31; Claims 19 – 22 as being anticipated by Hensler et al (US 2018/0162190), in view of Sunaga et al (JP 2010181166), Applicant remarked (inter alia) that: “Hensler does not teach nth partial detector in the nth zone and measuring flow parameters based on partial detectors….Furthermore Hensler teaches HVAC systems with multiple heater zones and controlling zone temperature by the coils at the heater based on heating coils and temperature gradients in the compartments..
The examiner respectfully notes the following:
Applicant defines flow parameters as temperature, pressure, or (mass) flow [0016].
Applicant defines detectors/ sensors as a thermometer, a pressure measuring device, and/or at least one anemometer [0024]
Hensler discloses:
“A plurality of dividers 244 extend between the heater 210 and the housing 202, such that the heater passage 217 is subdivided into a plurality of compartments 246 (i.e., channel, duct, subdivision, zone, passage, etc.) defined between adjacent dividers 244 or between an adjacent divider 244 and the housing 202. Each of the compartments 246 is configured to provide a separate climate control zone in the passenger compartment configured to provide an output stream at a desired temperature different than any of the other compartments 246. [0047]
In other words, the heater output (217) has multiple zones (246), each zone is controlled to output a temperature different than any of the other zones (246).
A person having ordinary skill in the art at the before the effective filing date of the claimed invention would recognize that Hensler discloses sensing/detecting a temperature in each of the zones, and controlling each zone to provide a desired temperature. It has been understood that Hensler discloses that each zone 246 comprises a temperature detector, and based on that measured flow parameter, a desired temperature is provided to each unique zone in the passenger compartment.
It is maintained that Hensler et al discloses wherein the system comprises an nth partial detector in the nth zone, measuring flow parameters based on partial detectors, and controlling a flow parameter (temperature) based on that flow parameter measurement .
In that Hensler discloses monitoring temperature gradients across each zone to prevent undesired output temperature differences, Hensler does not criticize, discredit, or otherwise discourage other uses of measured flow parameters based on partial detectors. Instead Hensler additionally discloses controls individual zones based on individual zone sensors, to provide an output stream at a desired temperature different than any of the other zone.
In response to the 35 USC §103 rejection of claims 12, 15, 27, and 30; Claims 16, and 31; Claims 19 – 22 as being anticipated by Hensler et al (US 2018/0162190), in view of Sunaga et al (JP 2010181166), Applicant remarked – continued - (inter alia) that: “The outstanding Action further relies on a secondary reference, Sunaga, as allegedly disclosing the above feature… however, (that) Sunaga teaches only one thermistor-based temperature detector… Sunga teaches a single detector that is relocated for multiple measurements. On the contrary, the instant invention claims an "nth zone having a respective partial detector in the nth zone". Reading the Sugata reference, a person of ordinary skill in the art would understand that having multiple measurements concurrently at different zones is not possible.
The examiner respectfully notes that the teaching of Sunaga et al was required to show that it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the method of Hensler, such that the method comprises having a detector unit in the zone.
This limitation (in the zone) has been cancelled from Claims 12 and 19, and so further discussion regarding the teachings of Sunaga et al are moot.
In response to the 35 USC §103 rejection of claims 12, 15, 27, and 30; Claims 16, and 31; Claims 19 – 22 as being anticipated by Hensler et al (US 2018/0162190), in view of Sunaga et al (JP 2010181166), Applicant remarked – continued - (inter alia) that: In addition, the outstanding Office Action asserts that it would have obvious to use the temperature sensing of Sugata for a "reasonable expectation of success" and "predictability of results".4 Firstly, Sugata is using a single temperature sensor, as described in paragraph [0007] and [0008]…Reading the above paragraphs, it is understood that Sugata is related to temperature sensing of evaporators/heat exchangers. Sugata does not deal with mass flow of air guided through different zones. In other words, an attempt to bring in the isolated teaching of Sunaga's temperature sensor into Hensler would amount to improperly picking and choosing features from different references without regard to the teachings of the references as a whole.
The examiner respectfully notes that the teaching of Sunaga et al was required to show that it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the method of Hensler, such that the method comprises having a detector unit in the zone. The limitation (in the zone) has been cancelled from Claims 12 and 19, and so further discussion regarding the teachings of Sunaga et al are moot.
In response to the 35 USC §103 rejection of claims 12, 15, 27, and 30; Claims 16, and 31; Claims 19 – 22 as being anticipated by Hensler et al (US 2018/0162190), in view of Sunaga et al (JP 2010181166), Applicant remarked – continued (inter alia) the outstanding Office Action further alleges that current invention has not established any criticality. Applicant respectfully disagrees, as paragraph [0023] of the instant specification, as published, clearly states the benefits of controlling temperatures of different regions or zones (reproduced below)…Specifically, the combination fails to teach the claimed "an nth partial mass flow respectively flows out of an nth zone having a respective nth partial detector, wherein a value of at least one flow parameter of an nth partial mass flow is ascertained". Accordingly, Applicant respectfully traverses, and requests reconsideration of, this rejection based on these patents.
The examiner very respectfully notes that it was never stated that “that current invention has not established any criticality”. Specifically, the limitation “partial detectors in the multiple zones” was not provided with criticality; it is the location of the detectors that was not provided with criticality.
The disclosure provides clear evidence that the claimed method comprises detectors, as discussed above. The specification provides clear evidence that the detectors are located after/downstream of zones 8a and 8b, and prior /upstream of the climate control unit 12, also discussed above.
Although Applicant has deleted this limitation (“in the multiple zones”) from the claims, the examiner warmly encourages an interview at any time convenient with Applicant, should the examiner’s position continue to be unclear.
In response to the 35 USC §103 rejection of claims 13, 14, 23 – 26, 28, and 29 as being anticipated by Hensler et al (US 2018/0162190), in view of Sunaga et al (JP 2010181166), and further in view of Sugimoto et al (US 4,495,560) Applicant remarked that: “The outstanding Action further relies on another reference to Sugimoto ….. Sugimoto teaches measuring flow rate using a temperature differential, Sugimoto does not teach measuring flow at different zones using different temperature sensors (partial detectors).”
The examiner respectfully notes that Sugimoto was not relied upon to teach measuring flow at different zones using different temperature sensors (partial detectors). Rather, Sugimoto was relied upon to teach that it was known to calculate and/or simulate the value of the at least one flow parameter of the nth partial mass flow. Sugimoto teaches that it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the proposed method such that
the value of the at least one flow parameter (temperature) of the nth partial mass flow is calculated and/or simulated and thus ascertained, and
an absolute value of the at least one flow parameter (temperature) is calculated from values of the at least one flow parameter of all partial mass flows by a model,
for the benefit of utilizing the full blower capacity during system warm up, to make the air temperature in the passenger compartment approach the set level as soon as possible, improving occupant comfort. (col 20, lns 28 – 44).
In response to the 35 USC §103 rejection of claims 13, 14, 23 – 26, 28, and 29 as being anticipated by Hensler et al (US 2018/0162190), in view of Sunaga et al (JP 2010181166), and further in view of Lim et al (US 2019/0111763), Applicant remarked (inter alia) that: “Lim is alleged to teach PTC sensors to avoid overheating. However, the PTC sensors in Lim are attached to the heater (paragraph 0036). Furthermore, Lim measures flow rate at different zones using different temperature sensors (partial detectors). Therefore, even if the combination of Hensler, Sugimoto, and Lim is assumed to be proper, the combination fails to teach every element of the claimed invention”
The examiner respectfully notes that – as originally filed1, and currently filed – the claims did not disclose wherein the detectors were attached to the heater (“in the zone”). Accordingly, the argument is moot.
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 122, 15,27, 20, 16, 31, 17, 27, and 30; and Claims 19 – 22 are rejected under 35 U.S.C. §102(a)(1) as being anticipated by Hensler et al (US 2018/ 0162190).
In re Claim 12, Hensler et al discloses a method for climate control [0067], in which an overall mass flow of air (generated by blower figs 1 – 8: (260)) is guided through an auxiliary heater (210) [0036], which has multiple zones (fig 8:(246) [0047]),
wherein the overall mass flow (airflow from (260)) is divided (via (244)) after flowing through the auxiliary heater (210) into multiple partial mass flows (into zones (246)),
wherein an nth partial mass flow respectively flows out of an nth zone having a respective nth partial detector (as seen in fig 8, Hensler et al discloses four (“n”) zones, such that e.g., a fourth (“nth”) partial mass flow respectively flows out of a fourth (“nth”) zone, wherein a respective detector is positioned at a corresponding zone of a vehicle passenger compartment) [0047, 0049, 0065, Claim 13]
wherein a value of at least one flow parameter (temperature) [0030] of an nth partial mass flow [0047] is ascertained (A flow parameter has been understood to include a temperature, a pressure, or a flow speed3),
wherein at least one manipulated variable (heating power, fan speed4) of a respective nth zone is set in dependence on the value of the at least one flow parameter (temperature) [0048].
“The temperature of the coils 240 and therefore the air flowing through the heater 210 may be adjusted by changing the frequency of supplying the current to the coils 240 and/or the period of supplying the current thereto. For example, the temperature of the coils 240 may be increased by increasing the period of supplying current to the coils 240 and decreasing the period during which current is not supplied”.[0030]
“The blower 260 may be configured to control the flow speed of the air supplied to and/or output from the HVAC system 200”. [0031]
“Each of the compartments 246 is configured to provide a separate climate control zone in the passenger compartment configured to provide an output stream at a desired temperature different than any of the other compartments 246”. [0047]
“The coils 240 disposed within each compartment 246 may be separately controlled and set to different temperatures from other compartments 246. In this configuration, each zone in the passenger compartment may correspond to a different compartment 246 in the HVAC system 200”.[0048]
In re Claim 15, the method for climate control of Hensler et al has been discussed, wherein a value of at least one flow parameter of the overall mass flow is detected by an overall detector, which is arranged before the auxiliary heater in a flow direction of the overall mass flow, and is thus ascertained, and/or in which the value of the at least one flow parameter (temperature [0047]) of the nth partial mass flow (fig 8: four zones (246) within passage (217)) is detected by an nth partial detector [0047], which is arranged in a flow direction of the nth partial mass flow after the nth zone and is thus ascertained.
“A plurality of dividers 244 extend between the heater 210 and the housing 202, such that the heater passage 217 is subdivided into a plurality of compartments 246 (i.e., channel, duct, subdivision, zone, passage, etc.) defined between adjacent dividers 244 or between an adjacent divider 244 and the housing 202. Each of the compartments 246 is configured to provide a separate climate control zone in the passenger compartment configured to provide an output stream at a desired temperature different than any of the other compartments 246.”[0047]
In re Claim 27, Hensler et al discloses wherein the nth partial mass flow (zone 246) is redirected by at least one nth flap, which is arranged after (downstream) the nth zone of the auxiliary heater in the flow direction of the nth partial mass flow [0042], wherein a position of the nth flap is set.
“The flow control device may be a vent, a valve, a door, or other suitable structure for controlling flow of the output streams. For example, the flow control device may include the vane 254 or other suitable stationary or articulating structure. A flow control device may be disposed downstream from each of the upper and lower outlet passages 234, 236.” [0042]
In re Claim 30, Hensler et al discloses the method is for the climate control of an interior of a vehicle.(Abstract).
In re Claim 16, Hensler et al discloses wherein the nth partial mass flow is redirected by at least one nth flap [0042], which is arranged after the nth zone of the auxiliary heater in the flow direction of the nth partial mass flow, wherein a position of the nth flap is set. “(F)low through either of the upper outlet passage 234 and the lower outlet passage 236 may be controlled by a flow control device. The flow control device may be a vent, a valve, a door, or other suitable structure for controlling flow of the output streams” [0042]”
In re Claim 31, Hensler et al discloses the method is for the climate control of an interior of a vehicle.(Abstract).
In re Claim 17, Hensler et al discloses wherein the method is for the climate control of an interior of a vehicle (Abstract).
In re Claim 19, Hensler et al discloses a climate control device (figs 4 – 8), which has an auxiliary heater (210) [0036] having multiple zones (fig 8:(246) [0047]) and a control unit ((242), Claim 17), in which the auxiliary heater is designed to divide (via (244)) an overall mass (volume) flow of air, which is guided through the auxiliary heater having a respective nth partial detector, into multiple partial mass (volume) flows after flowing through the auxiliary heater (as seen in fig 8),
wherein an nth partial mass flow results respectively from an nth zone (apparent),
wherein the control unit ((242),Claim 17) is designed to ascertain a value of at least one flow parameter (temperature) of an nth partial mass flow [0006] and to set at least one manipulated variable of a respective nth zone in dependence on the value of the at least one flow parameter [00047, 0049, 0050].
“Once the coils 240 reach the desired temperature, the current may be cycled on (i.e., flowing) and off (i.e., not flowing) to maintain the coils 240 at a substantially constant temperature. The temperature of the coils 240 and therefore the air flowing through the heater 210 may be adjusted by changing the frequency of supplying the current to the coils 240 and/or the period of supplying the current thereto. For example, the temperature of the coils 240 may be increased by increasing the period of supplying current to the coils 240 and decreasing the period during which current is not supplied.”[0030]
“Each of the compartments 246 is configured to provide a separate climate control zone in the passenger compartment configured to provide an output stream at a desired temperature different than any of the other compartments 246.” [0047]
“The coils 240 disposed within each compartment 246 may be separately controlled and set to different temperatures from other compartments 246. In this configuration, each zone in the passenger compartment may correspond to a different compartment 246 in the HVAC system 200.” [0048]
Claim 17: “The HVAC system of Claim 14, further comprising three dividers defining four compartments; wherein each compartment is configured to independently control a temperature of air supplied to a corresponding zone of a vehicle passenger compartment.”
In re Claim 20, Hensler et al discloses wherein the device has a fan (fig 7: (260)) [0031, 0037], which is designed to generate the overall mass (volume) flow of air and conduct it through the zones of the auxiliary heater (210).
In re Claim 21, Hensler et al discloses wherein the device has at least one flap, which is arranged after the auxiliary heater (210) in the flow direction of the overall mass flow. “(F)low through either of the upper outlet passage 234 and the lower outlet passage 236 may be controlled by a flow control device. The flow control device may be a vent, a valve, a door, or other suitable structure for controlling flow of the output streams” [0042].
In re Claim 22, Hensler et al discloses wherein the device has a climate control unit (figs 7, 8: (236)), which is arranged after the auxiliary heater (210) in the flow direction of the overall mass (volume) flow.
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 of this title, 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.
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 13, 14, 235, 25 and 28; and Claims 24, 26, and 29 are rejected under 35 U.S.C. §103 as being unpatentable over Hensler et al (US 2018/ 0162190), and further in view of Sugimoto et al (US 4,495,560).
In re Claims 13 and 14, the method for the climate control of an interior of a vehicle has been discussed (In re Claim 12, above), but is silent as to whether the value of the at least one flow parameter (temperature) of the nth partial mass flow is calculated and/or simulated and thus ascertained, and whether an absolute value of the at least one flow parameter is calculated from values of the at least one flow parameter of all partial mass flows by a model.
Sugimoto et al teaches a method of controlling a temperature in an interior of a vehicle passenger compartment “L”, comprising:
an operation unit (fig 9: CP) and a control unit (54) that receives an absolute value of a temperature differential (ε) between a cabin temperature setter (TR) signal and a temperature sensor (TS) signal (col 19, ln 65 – col 20, ln 6),
the control unit controlling the flow rate (via 55/56) in accordance with the temperature differential (ε) (col 17, lns 28 – 50; col 17, ln 63 – col 18, ln 6),
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wherein the value of the at least one flow parameter (temperature) of the nth partial mass flow is calculated and/or simulated and thus ascertained,
wherein an absolute value of the at least one flow parameter (temperature) is calculated (fig 9: (66); col 20, lns 17 – 27) from values of the at least one flow parameter of all partial mass flows by a model.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the proposed method, as taught by Sugimoto et al, such that:
the value of the at least one flow parameter (temperature) of the nth partial mass flow is calculated and/or simulated and thus ascertained, and
an absolute value of the at least one flow parameter (temperature) is calculated from values of the at least one flow parameter of all partial mass flows by a model,
for the benefit of utilizing the full blower capacity during system warm up, to make the air temperature in the passenger compartment approach the set level as soon as possible, improving occupant comfort. (col 20, lns 28 – 44).
Regarding the limitation “of all partial mass flows”, as Sugimoto et al teaches a method of controlling a single zone, it has been understood that the temperature differential (ε) between the cabin temperature setter (TR) signal and the temperature sensor (TS) signal is representative of all partial mass (volume) flows.
In re Claim 23, the proposed method has been discussed (In re Claim 13 above), but lacks wherein:
a value of at least one flow parameter of the overall mass flow is detected by an overall detector, which is arranged before the auxiliary heater in a flow direction of the overall mass flow, and is thus ascertained, and
in which the value of the at least one flow parameter of the nth partial mass flow is detected by the nth partial detector, which is arranged in a flow direction of the nth partial mass flow after the nth zone and is thus ascertained.
Sugimoto et al further teaches a value of at least one flow parameter (flow speed) of the overall mass flow is detected by an overall detector (voltage), which is arranged before the auxiliary heater in a flow direction of the overall mass flow, and is thus ascertained (col 20, lns 56 – 64), and/or in which the value of the at least one flow parameter of the nth partial mass flow is detected by an nth partial detector, which is arranged in a flow direction of the nth partial mass flow after the nth zone and is thus ascertained.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the proposed method, as taught by Sugimoto et al, such that a value of at least one flow parameter of the overall mass flow is detected by an overall detector, which is arranged before the auxiliary heater in a flow direction of the overall mass flow, and is thus ascertained for the benefit of utilizing the full blower capacity during system warm up, to make the air temperature in the passenger compartment approach the set level as soon as possible, improving occupant comfort. (col 20, lns 28 – 44).
In re Claim 25, the proposed method has been discussed (In re Claim 13 above), wherein Hensler et al discloses the nth partial mass flow is redirected by at least one nth flap [0042], which is arranged after the nth zone of the auxiliary heater in the flow direction of the nth partial mass flow, wherein a position of the nth flap is set. “(F)low through either of the upper outlet passage 234 and the lower outlet passage 236 may be controlled by a flow control device. The flow control device may be a vent, a valve, a door, or other suitable structure for controlling flow of the output streams” [0042]
In re Claim 28, the proposed method has been discussed (In re Claim 13 above), wherein Hensler discloses the method is for the climate control of an interior of a vehicle (Abstract))
In re Claim 24, see above In re Claim 23.
In re Claim 26, see above In re Claim 25.
In re Claim 29, see above In re Claim 28.
Claim 18 is rejected under 35 U.S.C. §103 as being unpatentable over Hensler et al (US 2018/0162190), and further in view of Lim et al (US 2019/0111763).
In re Claim 18, the proposed method has been discussed (In re Claim 12, above), but lacks wherein overheating of at least one zone of the auxiliary heater is avoided. However, such a technique is well known in the mechanical arts, as evidenced by Lim et al.
Lim et al teaches a positive temperature coefficient (PTC) unit for a vehicle heater, the heater comprising a radiation film (fig 2C: (180)) provided on outer surfaces of radiation base materials (111, 112) [0048 - 0050], formed to prevent overheating of a PTC module and overload of a PTC module control circuit (caused by a reduction in the air ventilation property of the heat radiation part) [Abstract] [0030]. By preventing circuit overload, reductions in performance, durability is avoided [0001],
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the proposed method, as taught by Lim et al, such that the heater is comprised of elements selected to avoid overheating, for the benefit of reducing maintenance time and costs.
Conclusion
THIS ACTION IS MADE FINAL. 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892: Notice of References Cited.
An example of such pertinent prior art includes Mertel (DE 10 2005 002807B3) who discloses a heating device (1) for vehicle has auxiliary heater (7) arranged in direction of air flow before heat exchanger (12) whereby air flows downstream in main air duct (3) after auxiliary heating.
Air temperature sensor (14) is also arranged for measuring temperature of air after auxiliary heating. The cold heat transfer medium in heating device has controller (16) which activates the auxiliary heating element in on state. The air flow in the adjacent air duct has a servo unit (15), when the temperature difference between the heat transfer medium and auxiliary air temperature becomes zero than the standard algorithm gets activated.
In the heat exchanger air duct 9 is a heat exchanger 12 through which a heat transfer medium flows on which a heat transfer medium temperature sensor 13 is arranged, with which the heat transfer medium temperature can be determined. Downstream of the heating element is in the mixing chamber 11 a mixing chamber temperature sensor 14 arranged as an air temperature sensor, with which the air temperature can be determined here as the mixing chamber air temperature.
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Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Frances F. Hamilton (she/her) whose telephone number is 571.270.5726. The examiner can normally be reached on Tu-Th; 9 – 6.
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, Michael Hoang can be reached on 571.272.6460. The fax phone number for the organization where this application or proceeding is assigned is 571.273.8300.
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For additional questions, contact the Electronic Business Center (EBC) at 866.217.9197 (toll-free). If you are a Pro Se inventor and would like assistance, please all the Pro Se assistance center at 866.767.3848. If you would like assistance from a USPTO Customer Service Representative, please call 800.786.9199 (in USA or Canada) or 571.272.1000.
/Frances F Hamilton/
Examiner, Art Unit 3762
/MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
1 originally filed claims dated March 9, 2022
2 Please note that the claims have been examined in order of dependency, not numerically.
3 Specification pg 4, lns 8 – 9
4 A manipulated variable has been understood to comprise at least a heating power, a flap position, and a fan electric power and/or speed. (Specification pgs. 7, 8, 11)
5 The claim have been examined in order of dependency, not numerically.