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
Applicant’s arguments with respect to the new and newly amended claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 8-9,14,17, and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The terms “detector”, “controller”, and “processor” were disclosed in the claims, but these terms do not appear in the original written disclosure and no structure or definition of them were provided in the original written disclosure.
Claims 8-9,14,17, and 19 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. The terms “detector”, “controller”, and “processor” were disclosed in the claims, but these terms do not appear in the original written disclosure and no structure or definition of them were provided in the original written disclosure, so the office is unsure exactly what these items are.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2,6-7, 16, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Waldorf. (US 4,688,394) and Nair et al. (US 6,319,114).
Regarding claim 1, Waldorf (W), discloses the method for operating a temperature-control fan that is integrated in an air guiding system (23, Figure 1) that includes a flow generator (18), and a heating device and / or a cooling device (13), but the method does not include: determining a current volume flow generated by the flow generator of the temperature- control fan within a detection region by comparing one or more operating parameters of the flow generator that are dependent on a flow resistance of the air guiding system to one or more reference values corresponding to an unblocked operating state of the air guiding system of the temperature control fan, and adjusting at least one operating parameter of the temperature-control fan according to the current volume flow determined within the detection region.
However, Nair (N) discloses a thermal management system (Abstract) with a method of operating comprising: determining a current volume flow generated by the flow generator (22) of the temperature- control fan within a detection region by comparing one or more operating parameters of the flow generator that are dependent on a flow resistance of the air guiding system to one or more reference values corresponding to an unblocked operating state of the air guiding system of the temperature control fan (C4,L53-60), and adjusting at least one operating parameter of the temperature-control fan according to the current volume flow determined within the detection region (C5,L14-28, as a clarification in order to maintain the proper temperature the fan speed would need to be in the desired flow rate which would require and increase in voltage or current to overcome the degradation). It would have been obvious to one of ordinary skill in the art prior to the effective fling date of this application to provide a simple control system to ensure that the device maintained the proper temperatures, while allowing for monitoring of the system’s health simultaneously.
Regarding claim 2, Waldorf (W), as modified, discloses the method according to claim 1, wherein the one or more operating parameters of the flow generator that are dependent on flow resistance (FIG.6) of the air guiding system.
Regarding claim 6, Waldorf (W), as modified, discloses the method according to claim 1, wherein the adjusting step comprises: adapting the temperature of the heating device and/ or the cooling device (W- C3, L36-51, via the thermostat).
Regarding claim 7, Waldorf (W), as modified, discloses the method according to claim 1, wherein the method comprises: detecting when a flow resistance limit and/or a counterpressure limit is exceeded based on the one or more operating parameters of the flow generator (C4, L53-60).
Regarding claim 16, Waldorf (W), as modified, discloses the method according to claim 1, wherein the current volume flow is determined by i) comparing a current power consumption of the flow generator to a reference power consumption value in a free-blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan; and/or comparing a voltage applied to the flow generator to a reference voltage (C4, L61-C5, L4) in a free- blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan; and/or iii) comparing a power consumption of the flow generator to a reference power consumption value in a free-blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan; and/or iv) comparing a speed of the flow generator to a reference speed of the flow generator in a free-blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan.
Regarding claim 21, Waldorf (W), as modified, discloses method of claim 1, wherein the detection region (14, Figure 1) is located within a temperature-control device of the temperature-control fan (22).
Claims 8, 13-15, and 17-23 are rejected under 35 U.S.C. 103 as being unpatentable over Funasaki et al. (US 4,518,032) and Nair et al. (US 6,319,114).
Regarding claim 8, Funasaki (F) discloses a temperature-control fan comprising: a flow generator (5, Figure 1) for generating a volume flow in an air guiding system; a controller configured to adjust at least one operating parameter of the temperature-control fan by adapting a temperature of a heating device and or a cooling device according to the current volume flow detected within the detection region so that an intended temperature of the volume flow is maintained when there is a change in the volume flow due to fluctuations in counterpressure (C3, L3-21). As a clarification, the system balances the heat produced by the heat exchanger via the water cock and the speed of the fan, so if the fan speed is not optimal, the heat supplied to the heater core will increase resulting in a controlled temperature within the vehicle.
Funasaki (F) does not disclose a detector for detecting a current volume flow generated by the flow generator within a detection region by comparing one or more operating parameters of the flow generator that are dependent on a flow resistance of the air guiding system to one or more reference values corresponding to an unblocked operating sate of the air guiding system of the temperature control fan.
However, Nair (N) discloses a thermal management system (Abstract) with a detector (12, C4,L 20-24) for detecting a current volume flow generated by the flow generator within a detection region (14, Figure1) by comparing one or more operating parameters of the flow generator that are dependent on a flow resistance of the air guiding system to one or more reference values corresponding to an unblocked operating sate of the air guiding system of the temperature control fan (C4,L53-60, C5,L14-28). It would have been obvious to one of ordinary skill in the art prior to the effective fling date of this application to compare air flow readings with the fan’s voltage draw to derive whether or not the device is functioning.
Regarding claim 9, Funasaki (F), as modified, discloses the temperature-control fan according to claim 8, wherein the flow generator is a radial fan or an axial fan (N-22, Figure 1).
Regarding claim 13, Funasaki (F) discloses a method of operating a temperature-control fan to compensate for fluctuations in an air guiding system caused by a partial blockage of an air guiding line of the air guiding system of an air outlet of the air guiding system (At 4 in Figure 1), wherein the method comprises: determining a current volume flow generated by the flow generator of the temperature- control fan within a detection region, and adjusting a heating performance or a cooling performance of a thermal control device (C4,L43-68).
Funasaki (F) does not disclose the step of determining that the air guiding line or the air outlet of the air guiding system being at least partially blocked, which is based on the comparing of one or more operation parameters of the flow generator to on the one or more reference values.
However, Nair (N) discloses a thermal management system (Abstract) that adjust the airflow upon a determination that the air guiding line or the air outlet of the air guiding system being at least partially blocked, which is based on the comparing of one or more operation parameters of the flow generator to on the one or more reference values (C4, L53-60, C5, L14-28). It would have been obvious to one of ordinary skill in the art prior to the effective fling date of this application to compare air flow readings with the fan’s voltage draw to derive whether or not the device is functioning.
Regarding claim 14, Funasaki (F), as modified, discloses the method according to claim 8, wherein the one of the one or more operating parameters of the flow generator comprise: an electrical current consumption of the flow generator; and/or an electrical voltage (C4, L61-C5, L4) applied to the flow generator; and/or a current power consumption of the flow generator; and/or a current temperature of supplied air in the flow generator.
Regarding claim 15, Funasaki (F), as modified, discloses the method according to claim 13, wherein the one of the one or more operating parameters of the flow generator comprise: an electrical current consumption of the flow generator; and/or an electrical voltage (C4, L61-C5, L4) applied to the flow generator; and/or a current power consumption of the flow generator; and/or a current temperature of supplied air in the flow generator.
Regarding claim 17, Funasaki (F), as modified, discloses the method according to claim 8, wherein the current volume flow is determined by i) comparing a current power consumption of the flow generator to a reference power consumption value in a free-blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan; and/or ii) comparing a voltage (C4, L61-C5, L4) applied to the flow generator to a reference voltage in a free- blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan; and/or iii) comparing a power consumption of the flow generator to a reference power consumption value in a free-blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan; and/or iv) comparing a speed of the flow generator to a reference speed of the flow generator in a free-blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan.
Regarding claim 18, Funasaki (F), as modified, discloses the method according to claim 13, wherein the current volume flow is determined by i) comparing a current power consumption of the flow generator to a reference power consumption value in a free-blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan; and/or ii) comparing a voltage applied to the flow generator to a reference voltage in a free- blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan; and/or iii) comparing a power consumption of the flow generator to a reference power consumption value in a free-blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan; and/or iv) comparing a speed (C4, L61-C5, L4) of the flow generator to a reference speed of the flow generator in a free-blowing or unblocked initial operating state of the air guiding system and/or the temperature control fan.
Regarding claim 19, Funasaki (F), as modified, discloses the system of claim 8, wherein the detector is configured to determine when a counterpressure limit is exceeded based on the one or more monitored operating parameters of the flow generator, and output at least one of a visual or acoustic warning to a vehicle occupant (C5, L5-13).
Regarding claim 20, Funasaki (F), as modified, discloses the method of claim 13, further comprising detecting when a counterpressure limit is exceeded based on the one or more operating parameters of the flow generator, and outputting at least one of a visual or acoustic warning to a vehicle occupant (C5, L5-13).
Regarding claim 22, Funasaki (F), as modified, discloses the system of claim 8, wherein the detection region (14, Figure 1) is located within a temperature-control device of the temperature-control fan (22).
Regarding claim 23, Funasaki (F), as modified, discloses the system of claim 13, wherein the detection region (14, Figure 1) is located within a temperature-control device of the temperature-control fan (22).
Claims 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Waldorf. (US 4,688,394) and Nair et al. (US 6,319,114).
Regarding claim 24, Waldorf (W), as modified, discloses the method of claim 1, wherein the temperature-control fan’s adjusting comprises reducing a heating performance of the temperature-control device when an outlet opening of the air guiding system is blocked (W- C3, L36-51, via the thermostat), but does not disclose that the temperature-control fan is disposed in a vehicle seat neck warmer and it operation is conditioned on when a person partially blocks an outlet opening.
However, Bargheer (B) discloses a neck warmer for a vehicle’s seat (Abstract) of the same configuration as the applicant’s (Figures 1a, b, 2). It would have been obvious to one of ordinary skill in the art prior to the effective fling date of this application to operate the headrest ventilation system in the same fashion as modified Funasaki, with the exception of the actual type of blockage encountered.
Regarding claim 25, Waldorf (W), as modified, discloses the system of claim 1, wherein the temperature-control fan’s adjusting comprises reducing a heating performance of the temperature-control device when an outlet opening of the air guiding system is blocked (W- C3, L36-51, via the thermostat), but does not disclose that the temperature-control fan is disposed in a vehicle seat neck warmer and it operation is conditioned on when a person partially blocks an outlet opening.
However, Bargheer (B) discloses a neck warmer for a vehicle’s seat (Abstract) of the same configuration as the applicant’s (Figures 1a, b, 2). It would have been obvious to one of ordinary skill in the art prior to the effective fling date of this application to operate the headrest ventilation system in the same fashion as modified Funasaki, with the exception of the actual type of blockage encountered.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Funasaki et al. (US 4,518,032), Nair et al. (US 6,319,114), and Bargheer et al. (US 7,708,626).
Regarding claim 26, Funasaki (F), as modified, discloses the method of claim 13, wherein the temperature-control fan’s adjusting comprises reducing a heating performance of the temperature-control device when an outlet opening of the air guiding system is blocked (C4, L53-60, C5, L14-28), but does not disclose that the temperature-control fan is disposed in a vehicle seat neck warmer and it operation is conditioned on when a person partially blocks an outlet opening.
However, Bargheer (B) discloses a neck warmer for a vehicle’s seat (Abstract) of the same configuration as the applicant’s (Figures 1a, b, 2). It would have been obvious to one of ordinary skill in the art prior to the effective fling date of this application to operate the headrest ventilation system in the same fashion as modified Funasaki, with the exception of the actual type of blockage encountered.
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 JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E BARGERO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762