Prosecution Insights
Last updated: April 19, 2026
Application No. 18/171,144

VEHICLE HVAC SYSTEM

Final Rejection §103
Filed
Feb 17, 2023
Examiner
GIORDANO, MICHAEL JAMES
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Oshkosh Corporation
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
153 granted / 193 resolved
+9.3% vs TC avg
Strong +21% interview lift
Without
With
+20.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
37 currently pending
Career history
230
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
61.1%
+21.1% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
11.3%
-28.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 193 resolved cases

Office Action

§103
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 filed 12/29/2025 have been fully considered but they are not persuasive for the following reasons: In response to Applicant’s arguments regarding the use of Rhee to teach of the interlock condition and interlock mode, the Examiner disagrees. While the Examiner does acknowledge that Rhee states that a user puts the controller into an automatic control mode and then the control operates based on received inputs from a plurality of sensors, the Examiner disagrees that this means Rhee fails to teach of an interlock condition and mode. First, the term “interlock” is described in the specification as simply a circuit that can alter the operation of the HVAC system based on received inputs, and further that the interlock circuit can alter the HVAC system in response to user input (see Applicant’s specification ¶ [0103], The HVAC interlock circuit77 can alter the operation of the HVAC system90 in various scenarios. The HVAC interlock circuit77 can alter the operation of the HVAC system90 in response to data, information, or commands from sensors78, other vehicle systems (e.g., batteries60), an operator input, a remote dispatch center, or otherwise). This is the exact scenario set forth in Rhee. Rhee receives a user input that results in the controller enter an automatic control mode. This can be interpreted as the HVAC system operating in a first control mode. The controller then receives sensor data from both a temperature sensor and a passenger recognition sensors. The various scenarios outlined in table 1 are determined from the two sensors and represent different interlock conditions. The resulting control to the HVAC system based on the different interlock conditions is the interlock mode. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1, 5, 7-9, 11-13 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drake (US 20200289985 A1) in view of Rhee (US 5765635 A). Regarding claim 1, Drake teaches of: A refuse vehicle (Fig. 3), comprising: a chassis (Fig. 3, 312); a cab (Fig. 3, 316); a body assembly coupled with the chassis, the body assembly defining a refuse compartment (Fig. 3, 314 is coupled to 312 and defines a refuse compartment); a lift assembly configured to engage a refuse container (Fig. 3, 340 engages refuse container 400)) Drake fails to explicitly teach: a heating, ventilation, or air conditioning (HVAC) system to deliver air to the cab via a plurality of ducts; and a controller configured to: cause the HVAC system to operate in a first mode: receive first data from a first sensor and a second sensor; determine, based on the received first data and the received second data, that an interlock condition is present; and cause the HVAC system to operate in an interlock mode based on the interlock condition while the interlock condition is present. Rhee teaches of: a heating, ventilation, or air conditioning (HVAC) system to deliver air to the cab via a plurality of ducts (Fig. 2); and a controller (Fig. 2, 800) configured to: receive first data from a first sensor and a second sensor (Fig. 2, 700 is a temperature sensor and a passenger recognition sensor; Col. 10, lines 49-53, More specifically, upon the selection of the button of the mode 9 in mode selector 950, temperature/recognition sensor 700 monitors the corresponding zone of the passengers together with the temperature information signal and provides the passenger recognition signal to microprocessor 800); determine, based on the received data, that an interlock condition is present; and alter an operation of the HVAC system based on the interlock condition (Col. 10, see table 1 showing all of the interlock conditions and the corresponding alterations to the operation of the HVAC system, Col. 11, lines 48-57, The automatic selection of the mode 9 is carried out as follows. More specifically, upon the selection of the button of the mode 9 in mode selector 950, temperature/recognition sensor 700 monitors the corresponding zone of the passengers together with the temperature information signal and provides the passenger recognition signal to microprocessor 800. The passenger is recognized by sensing the weight, infrared rays or the amount of oxygen. Microprocessor 800 that receives the passenger recognition signal executes the operation from mode 1 to mode 7; the controller of Rhee uses both the temperature sensor and the passenger recognition sensor to determine if a particular zone needs air conditioning and if certain air curtains should be activated, as is shown in table 1, these various scenarios are the interlock conditions and the resulting operations are the interlock modes) The primary reference can be modified to meet this/these limitation(s) as follows: add the HVAC system of Rhee to the refuse vehicle of Drake so that the HVAC system has air nozzles to form an air curtain around all of the seats within the cab of the refuse vehicle A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for the air within the interior of the cab to be conditioned only in necessary zones that passengers are located in, creating an efficient HVAC system (Rhee, Col. 1, lines 61-65, It is an object of the present invention to provide an air conditioner for forming an air curtain in a vehicle capable of promptly cooling and heating only a specific zone within the vehicle at a preset temperature to increase the efficiency of the cooling and heating.) Regarding claim 5, the combined teachings teach of the refuse vehicle of claim 1, and the combined teachings further teach: wherein the controller is configured to cause the operation of the HVAC system in the interlock mode by at least one of shutting off the HVAC system, altering a rate of heating or cooling, or altering a rate of air circulation until the interlock condition is no longer present (Rhee, Col. 4, lines 47-51, A microprocessor 800 receives various control signals from a temperature/operation controlling part 600, a temperature recognition sensor 700 and a mode selector 950 to control air conditioning part 500 and air curtain forming apparatus 900.; Col. 10, lines 55-57, Microprocessor 800 that receives the passenger recognition signal executes the operation from mode 1 to mode 7; the controller of Rhee controls all aspects of the HVAC system which includes the temperature and rate of air circulation and further when in mode 9 automatically switches between modes 1-7 which means it alters the HVAC system until interlock conditions are no longer present) Regarding claim 7, the combined teachings teach of the refuse vehicle of claim 1, and the combined teachings further teach: wherein the first sensor is a first occupancy sensor, the refuse vehicle further comprising a second occupancy sensor, the first occupancy sensor configured to determine whether a first zone of the cab is occupied, the second occupancy sensor configured to determine whether a second zone of the cab is occupied (Rhee, Col. 10, lines 51-55, temperature/recognition sensor 700 monitors the corresponding zone of the passengers together with the temperature information signal and provides the passenger recognition signal to microprocessor 800. The passenger is recognized by sensing the weight, infrared rays or the amount of oxygen; there must be multiple sensors to determine if a passenger is present in each zone) Regarding claim 8, the combined teachings teach of the refuse vehicle of claim 7, and the combined teachings further teach of: wherein the received first data indicates that one of the first zone or the second zone is unoccupied (Rhee, Col. 10, table 1, in the automatic mode the controller selects from modes 1-7 which recognizes when zones I-III are occupied or unoccupied). Regarding claim 9, the combined teachings teach of the refuse vehicle of claim 8, and the combined teachings further teach of: wherein causing of the HVAC system to operate in the interlock mode comprises causing an air circulation system to create an air curtain between the first zone and the second zone within the cab (Rhee, Fig. 5, air curtain a5 creates an air curtain between the first and second zones). Regarding claim 11, the combined teachings teach of the refuse vehicle of claim 1, and the combined teachings further teach: wherein the controller is configured to alter the operation of the HVAC system until the interlock condition is no longer present (Rhee, Col. 10, Table 1, in the automatic mode the controller 800 will execute the operations of modes 1-7 until a changes occurs). Regarding claim 12, Drake teaches of: A refuse vehicle (Fig. 3) A cab of a refuse vehicle (Fig. 3, 312) Drakes fails to explicitly teach: control system for a heating, ventilation, or cooling (HVAC) system of a refuse vehicle (Fig. 2), comprising: a controller configured to control an operation of the HVAC system of the refuse vehicle (Fig. 2, 800), the HVAC system configured to provide heating or cooling energy to a cab of the refuse vehicle (Fig. 2, 510 is an evaporator provides cooling energy), the controller comprising one or more processors (Fig. 2, 800 is a microprocessor) and a memory storing instructions that, when executed by the one or more processors cause the one or more processors to perform operations comprising (Col. 10, table 1, in automatic mode 9 the microprocessor 800 controls operation): receive first data from a first sensor and second data from a second sensor, at least one of the first data and the second data regarding a condition of the cab of the refuse vehicle (Fig. 2, 700 provide temperature and passenger location information to 800); detect, based on the received first data and the received second data, that an interlock condition is present (Col. 10, table 1, in automatic mode 9 the microprocessor receives data from 700 on the location of passengers and executes operations based on interlock conditions of the location of passengers); and cause, based on the detected interlock condition, the HVAC system to operate in an interlock mode while the interlock condition is present (Col. 10, table 1, see all alterations to the operation of the HVAC system in modes 1-7) The primary reference can be modified to meet this/these limitation(s) as follows: add the HVAC system of Rhee to the refuse vehicle of Drake so that the HVAC system has air nozzles to form an air curtain around all of the seats within the cab of the refuse vehicle A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for the air within the interior of the cab to be conditioned only in necessary zones that passengers are located in, creating an efficient HVAC system (Rhee, Col. 1, lines 61-65, It is an object of the present invention to provide an air conditioner for forming an air curtain in a vehicle capable of promptly cooling and heating only a specific zone within the vehicle at a preset temperature to increase the efficiency of the cooling and heating.) While Rhee does not explicitly teach that the microprocessor as a memory for executing the functions in automatic mode 9, such a feature within the art of microprocessors is common knowledge and is "capable of such instant and unquestionable demonstration as to defy dispute." And therefore considered obvious (see MPEP 2144.03.A) Regarding claim 13, the combined teachings teach of the control system of claim 12, and the combined teachings further teach of: wherein the HVAC system comprises an air circulation system configured to create an air curtain within the cab of the refuse vehicle, wherein causing the operation of the HVAC system to operate in the interlock condition includes causing the air circulation system to create the air curtain (Rhee, Col. 10, table 1, various air curtains are activated and deactivated from modes 1-7). Regarding claim 17, the combined teachings teach of the control system of claim 12, and the combined teachings further teach: wherein the first sensor comprises a first occupancy sensor the control system further comprising a second occupancy sensor, the first occupancy sensor configured to determine whether a first zone of the cab is occupied, the second occupancy sensor configured to determine whether a second zone of the cab is occupied (Rhee, Col. 10, lines 51-55, temperature/recognition sensor 700 monitors the corresponding zone of the passengers together with the temperature information signal and provides the passenger recognition signal to microprocessor 800. The passenger is recognized by sensing the weight, infrared rays or the amount of oxygen) Regarding claim 18, the combined teachings teach of the control system of claim 17, and the combined teachings further teach of: wherein the received first data indicates that the first zone is unoccupied, wherein altering the operation of the HVAC system comprises causing an air circulation system to create an air curtain between the first zone and the second zone within the cab (Rhee, Col. 10, table 1, in the automatic mode the controller selects from modes 1-7 which recognizes when zones I-III are occupied or unoccupied; Fig. 5, air curtain a5 creates an air curtain between the first and second zones) Regarding claim 19, Drake teaches of: A method of operating a refuse vehicle (Fig. 3) A cab of a refuse vehicle (Fig. 3, 312) Drake fails to explicitly teach: A method of operating a heating, ventilation, or cooling (HVAC) system of a refuse vehicle (Fig. 2, Col. 10, table 1), comprising: receiving, by a controller, first data from a first sensor and second data from a second sensor, at least one of the first data and the second data regarding a condition of an interior of a cab of the refuse vehicle (Fig. 2, 800 receives data from 700); detecting, by the controller and based on the first data and second data that an interlock condition is present (Col. 10, table 1, in automatic mode 9 the microprocessor receives data from 700 on the location of passengers and executes operations based on interlock conditions of the location of passengers); and causing, by the controller and based on the detected interlock condition, the HVAC system to operate in an interlock mode until the interlock condition is no longer satisfied (Col. 10, table 1, see all alterations to the operation of the HVAC system in modes 1-7). The primary reference can be modified to meet this/these limitation(s) as follows: add the HVAC system of Rhee to the refuse vehicle of Drake so that the HVAC system has air nozzles to form an air curtain around all of the seats within the cab of the refuse vehicle A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for the air within the interior of the cab to be conditioned only in necessary zones that passengers are located in, creating an efficient HVAC system (Rhee, Col. 1, lines 61-65, It is an object of the present invention to provide an air conditioner for forming an air curtain in a vehicle capable of promptly cooling and heating only a specific zone within the vehicle at a preset temperature to increase the efficiency of the cooling and heating.) Claim(s) 2-3, 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drake (US 20200289985 A1) in view of Rhee (US 5765635 A) as presented in claims 1 and 12, and in further view of Kato (US 20050282485 A1). Regarding claim 2, the combined teachings teach of the refuse vehicle of claim 1, however, the combined teachings fail to explicitly teach: further comprising: a door configured move between a closed position and an open position, wherein the door provides access to an opening of the cab with the door in the open position; and wherein the first sensor is a door sensor configured to determine whether the door is in the open position or the closed position, wherein the received data from the door sensor indicates that the door is in the open position. Kato teaches of: further comprising: a door configured move between a closed position and an open position, wherein the door provides access to an opening of the cab with the door in the open position (¶ [0035], In the first embodiment, the air conditioning ECU 36 is electrically connected to the switch 34 and a courtesy switch 38. The courtesy switch 38 outputs a signal (may be an ON/OFF signal) corresponding to the opening and closing of the door opening 12 by the door 14 in order to turn ON a light inside the vehicle when the door 14 is operated. The courtesy switch 38 corresponds to a door open/close detector in the present invention.; ¶ [0036], When a signal (called an "open signal" below) corresponding to the fact that the door opening 12 has been opened is inputted to the air conditioning ECU 36 from the courtesy switch 38, the air conditioning ECU 36 drives the drive motor 28A to activate the switch 34 and open the air supply path 32. Thus, the air blown by the air conditioning blower 28 is continuously supplied from the in-vehicle air conditioner 24 to the air blowout portion 22, and the air curtain C is formed.); and a door sensor configured to determine whether the door is in the open position or the closed position, wherein the received data from the door sensor indicates that the door is in the open position (Fig. 2, switch 38 acts as a door sensor and transmits data to the ECU 36 that the door is open or closed). The combined teachings can be modified to meet this/these limitation(s) as follows: add door sensor 38 to the doors of the cab of the refuse vehicle of Drake and further modify the control scheme of the combined teachings so that the air curtain immediately adjacent to the door is activated when the door is detected to be open and that the door sensor is recognizes as the first sensor so that the system uses the door sensor, occupancy sensor and temperature sensors to control the HVAC system A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would prevent contaminated outside air from entering into the cabin of the vehicle when a door to the cab is open (Kato, ¶ [0011], In the dust reducing apparatus of the first aspect, when the door opens the door opening in the vehicle body, for example, as a passenger enters or exits the vehicle, the dust reducing apparatus divides the inside of the vehicle cabin from the outside by forming the air curtain along the door opening. Thus, dust types such as pollen included in the air outside the vehicle cabin are prevented from ingressing into the vehicle cabin through the door opening.) Regarding claim 3, the combined teachings teach of the refuse vehicle of claim 2, and the combined teachings further teach: wherein the plurality of ducts comprises at least one duct configured to create an air curtain proximate the opening, wherein the controller causes the HVAC system to create the air curtain proximate the opening (see combination made above, Rhee teaches of an air curtain proximate the opening shown in Fig. 5 as a3). Regarding claim 14, the combined teachings teach of the control system of claim 12, however, the combined teachings fail to explicitly teach: wherein the first sensor comprises a door sensor configured to determine when a door of the cab is ajar, wherein the interlock condition is present based on the received first data indicating that the door is ajar. Kato teaches of: wherein the first sensor comprises a door sensor configured to determine when a door of the cab is ajar, wherein the interlock condition is present based on the received first data indicating that the door is ajar (¶ [0035], In the first embodiment, the air conditioning ECU 36 is electrically connected to the switch 34 and a courtesy switch 38. The courtesy switch 38 outputs a signal (may be an ON/OFF signal) corresponding to the opening and closing of the door opening 12 by the door 14 in order to turn ON a light inside the vehicle when the door 14 is operated. The courtesy switch 38 corresponds to a door open/close detector in the present invention.; ¶ [0036], When a signal (called an "open signal" below) corresponding to the fact that the door opening 12 has been opened is inputted to the air conditioning ECU 36 from the courtesy switch 38, the air conditioning ECU 36 drives the drive motor 28A to activate the switch 34 and open the air supply path 32. Thus, the air blown by the air conditioning blower 28 is continuously supplied from the in-vehicle air conditioner 24 to the air blowout portion 22, and the air curtain C is formed.). door is open or closed). The combined teachings can be modified to meet this/these limitation(s) as follows: add door sensor 38 to the doors of the cab of the refuse vehicle of Drake and further modify the control scheme of the combined teachings so that the door sensor triggers and interlock condition in that the air curtain immediately adjacent to the door is activated when the door is open and further recognize the door sensor as the first sensor so that the system uses the door sensor, as the third sensor occupancy sensor and temperature sensors as the second sensor to control the HVAC system A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would prevent contaminated outside air from entering into the cabin of the vehicle when a door to the cab is open (Kato, ¶ [0011], In the dust reducing apparatus of the first aspect, when the door opens the door opening in the vehicle body, for example, as a passenger enters or exits the vehicle, the dust reducing apparatus divides the inside of the vehicle cabin from the outside by forming the air curtain along the door opening. Thus, dust types such as pollen included in the air outside the vehicle cabin are prevented from ingressing into the vehicle cabin through the door opening.) Regarding claim 16, the combined teachings teach of the control system of claim 12, however, the combined teachings fail to explicitly teach: wherein the first sensors comprises a door sensor configured to determine when a door of the cab is ajar, wherein the received first data indicates that the door is ajar, wherein causing the HVAC system to operate in the interlock mode comprises causing an air circulation system to create an air curtain between the door and an interior of the cab. Kato teaches of: wherein the first sensors comprises a door sensor configured to determine when a door of the cab is ajar, wherein the received first data indicates that the door is ajar, wherein causing the HVAC system to operate in the interlock mode comprises causing an air circulation system to create an air curtain between the door and an interior of the cab (¶ [0035], In the first embodiment, the air conditioning ECU 36 is electrically connected to the switch 34 and a courtesy switch 38. The courtesy switch 38 outputs a signal (may be an ON/OFF signal) corresponding to the opening and closing of the door opening 12 by the door 14 in order to turn ON a light inside the vehicle when the door 14 is operated. The courtesy switch 38 corresponds to a door open/close detector in the present invention.; ¶ [0036], When a signal (called an "open signal" below) corresponding to the fact that the door opening 12 has been opened is inputted to the air conditioning ECU 36 from the courtesy switch 38, the air conditioning ECU 36 drives the drive motor 28A to activate the switch 34 and open the air supply path 32. Thus, the air blown by the air conditioning blower 28 is continuously supplied from the in-vehicle air conditioner 24 to the air blowout portion 22, and the air curtain C is formed.) The combined teachings can be modified to meet this/these limitation(s) as follows: add door sensor 38 to the doors of the cab of the refuse vehicle of Drake and further modify the control scheme of the combined teachings so that the air curtain immediately adjacent to the door is activated when the door is detected to be open and further recognize the door sensor as the first sensor so that the system uses the door sensor, occupancy sensor and temperature sensors to control the HVAC system A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would prevent contaminated outside air from entering into the cabin of the vehicle when a door to the cab is open (Kato, ¶ [0011], In the dust reducing apparatus of the first aspect, when the door opens the door opening in the vehicle body, for example, as a passenger enters or exits the vehicle, the dust reducing apparatus divides the inside of the vehicle cabin from the outside by forming the air curtain along the door opening. Thus, dust types such as pollen included in the air outside the vehicle cabin are prevented from ingressing into the vehicle cabin through the door opening.) Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drake (US 20200289985 A1) in view of Rhee (US 5765635 A) as presented in claim 1 and in further view of JP S59149811 A hereinafter referred to as Ref. 1. Regarding claim 4, the combined teachings teach of the refuse vehicle of claim 1, however, the combined teachings fail to explicitly teach: wherein the first sensors is a first temperature sensor, the refuse vehicle further comprising a second temperature sensor, the first temperature sensor configured to determine a temperature within the cab, the second temperature sensor configured to determine an ambient temperature outside of the cab, wherein the interlock condition is present based on a differential between the temperature within the cab and the ambient temperature and the second data from the second sensor. Ref. 1 teaches of: wherein the first sensors is a first temperature sensor, the refuse vehicle further comprising a second temperature sensor, the first temperature sensor configured to determine a temperature within the cab (1 is an inside air thermistor), the second temperature sensor configured to determine an ambient temperature outside of the cab (5 is an outside air thermistor), wherein the interlock condition is present based on a differential between the temperature within the cab and the ambient temperature and the second data from the second sensor (Pgs. 2-3, For example, when the ignition switch or air conditioner switch is turned on and the temperature inside the vehicle is higher than the temperature outside the vehicle, the resistance value of inside air thermistor 1 decreases, and the potential of the + (plus) input of amplifier 2 becomes higher than the potential of the - (minus) input. Then, the transistor 3 is turned on, and the solenoid valve 4 is turned on. When the solenoid valve 4 is turned on, an actuator (not shown) for the inside air/outside air switching damper is activated to introduce outside air). The combined teachings can be modified to meet this/these limitation(s) as follows: add an interior and exterior temperature sensors to the combined teachings and add an interlock condition to the table of Rhee such that when a temperature difference between the inside and outside of the vehicle is present, particularly that the inside of the vehicle is warmer than the outside, introduce outside air into the vehicle via the air curtains and still operate the particular curtains based on the data from the occupancy sensor A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: introducing cooler outside air allows for efficient cooling of the cab of the vehicle (Ref. 1, Pg. 3, This has the effect of automatically operating the inside/outside air switching damper to quickly and efficiently cool down the vehicle interior when the air conditioner is first used in hot weather, reducing the load on the interior of the vehicle as much as possible, and also automatically operating the inside/outside air switching damper to prevent fogging of the front windshield when the heater is used in cold weather.) Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drake (US 20200289985 A1) in view of Rhee (US 5765635 A) and Kato (US 20050282485 A1) as presented in claim 14, and in further view of Ref. 1 (JP S59149811 A). Regarding claim 15, the combined teachings teach of the control system of claim 14, and the combined teachings further teach: wherein the received first data indicates that the door is ajar (See rejection of claim 14) The combined teachings fail to explicitly teach: wherein the second sensors comprises a temperature sensor configured to determine a temperature within the cab and that the temperature within the cab is beyond a threshold temperature Ref. 1 teaches of: wherein the second sensors comprises a temperature sensor configured to determine a temperature within the cab and that the temperature within the cab is beyond a threshold temperature (1 is an inside temperature sensor; Pgs. 2-3, For example, when the ignition switch or air conditioner switch is turned on and the temperature inside the vehicle is higher than the temperature outside the vehicle, the resistance value of inside air thermistor 1 decreases, and the potential of the + (plus) input of amplifier 2 becomes higher than the potential of the - (minus) input. Then, the transistor 3 is turned on, and the solenoid valve 4 is turned on. When the solenoid valve 4 is turned on, an actuator (not shown) for the inside air/outside air switching damper is activated to introduce outside air; the threshold temperature for the interior of the cab is whatever temperature is greater than the outside temperature) The combined teachings can be modified to meet this/these limitation(s) as follows: add an interior and exterior temperature sensors to the combined teachings and add an interlock condition to the table of Rhee such that when a temperature difference between the inside and outside of the vehicle is present, particularly that the inside of the vehicle is warmer than the outside, introduce outside air into the vehicle via the air curtains A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: introducing cooler outside air allows for efficient cooling of the cab of the vehicle (Ref. 1, Pg. 3, This has the effect of automatically operating the inside/outside air switching damper to quickly and efficiently cool down the vehicle interior when the air conditioner is first used in hot weather, reducing the load on the interior of the vehicle as much as possible, and also automatically operating the inside/outside air switching damper to prevent fogging of the front windshield when the heater is used in cold weather.) Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drake (US 20200289985 A1) in view of Rhee (US 5765635 A) as presented in claim 1, and in further view of Doescher (US 20030156043 A1) Regarding claim 6, the combined teachings teach of the refuse vehicle of claim 1, however, the combined teachings fail to explicitly teach: wherein the controller is further configured to provide, prior to cause the operation of the HVAC system in the interlock mode, an indication to an operator of the refuse vehicle that the operation of the HVAC system will be operate in the interlock mode until the interlock mode is no longer present. Doescher teaches of: wherein the controller is further configured to provide, prior to cause the operation of the HVAC system in the interlock mode, an indication to an operator of the refuse vehicle that the operation of the HVAC system will be operate in the interlock mode until the interlock mode is no longer present (¶ [0028], The apparatus may further include an indicator and, in some cases, when the first alarm signal is generated, the processor may be programmed to activate the indicator and time out a delay period prior to disrupting vehicle operation.). The combined teachings can be modified to meet this/these limitation(s) as follows: modify the system of the combined teachings so that a user is warned by an indicator that the normal HVAC system is about to be altered A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: warning a user ahead of interrupting operations within the vehicle allows a user to prepare accordingly Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drake (US 20200289985 A1) in view of Rhee (US 5765635 A) as presented in claim 1, and in further view of Ostermeier (US 20100222929 A1) Regarding claim 10, the combined teachings teach of the refuse vehicle of claim 1, and the combined teachings further teach: further comprising one or more batteries, wherein the interlock condition is present based on a state of charge of the one or more batteries. Drake in a further embodiment teaches of: further comprising one or more batteries (¶ [0038], According to an alternative embodiment, the engine 318 additionally or alternatively includes one or more electric motors coupled to the frame 312 (e.g., a hybrid refuse vehicle, an electric refuse vehicle, etc.). The electric motors may consume electrical power from an on-board storage device (e.g., batteries, ultra-capacitors, etc.)) The combined teachings can be modified to meet this/these limitation(s) as follows: make the refuse vehicle of the first embodiment of Drake aa hybrid electric refuse vehicle with a battery A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it is described as a possible alternative embodiment within Drake and further would be more environmentally friendly than a standard gas powered refuse vehicle Ostermeier teaches of: wherein the interlock condition is present based on a state of charge of the one or more batteries (¶ [0028], In this way, the charge state LZ of the electric storage unit is continuously queried so that the air preconditioning process can be optionally interrupted in the event that the charge state LZ falls below the limit value GW. If the charge state LZ is sufficient, the interior of the vehicle is heated by the heating and air conditioning unit VHKA, which is activated in the first heating output stage LS1h.) The combined teachings can be modified to meet this/these limitation(s) as follows: modify the control scheme of the combined teachings so that the vehicle is capable of being preconditioned relying on the charge of the hybrid battery and further so that one of the interlock conditions of the control device is to deactivate the air conditioning system if the charge level of the battery in the hybrid electric refuse vehicle is below a predetermined threshold A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: Preconditioning the cab of a vehicle allows for the internal climate of the cab to be at a desired level as soon as the user enters the vehicle and further stopping the preconditioning process if the charge level of the battery is below a predetermined amount prevents the battery from being drained prior to the vehicle being started (Ostermeier, ¶ [0021], If the inventive method is implemented in a vehicle of the type, in which the energy to start the motor vehicle is drawn from the same electric storage unit, then it is especially important to monitor the charge state of the electric storage unit. In one advantageous embodiment of the method according to the invention, the heating and/or cooling unit should not be activated or deactivated in the case of a charge state of the electric storage unit that is or falls below a predetermined limit value so that the start-up process remains guaranteed.) Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drake (US 20200289985 A1) in view of Rhee (US 5765635 A) as presented in claim 19, and in further view of Tanaka (US 20160272038 A1) Regarding claim 20, the combined teachings teach of the method of claim 19, however, the combined teachings fail to explicitly teach: wherein operating the HVAC system in the interlock mode includes causing a seat ventilation system to circulate air through a plurality of ducts within a seat positioned within the cab Tanaka teaches of: wherein operating the HVAC system in the interlock mode includes causing a seat ventilation system to circulate air through a plurality of ducts within a seat positioned within the cab (Figs. 4-5, see air circulating through ducts in a seat based on detection from an occupancy sensor) The combined teachings can be modified to meet this/these limitation(s) as follows: utilize the occupancy weight sensors already described and available in Rhee to determine a person is in a seat in the vehicle, modify the seats in the vehicle to have air ducts with air outlets facing out of the seat and further modify the control scheme of the combined teachings so that when a user is detected to be occupying a seat in a vehicle, the normal interlock operations occur and further air is output through the ducts in the seat onto the user A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: it would allow for temperature controlled air to be supplied to a user increasing their comfort 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J GIORDANO whose telephone number is (571)272-8940. The examiner can normally be reached M-Fr 8 AM - 5 PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762 /STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762
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Prosecution Timeline

Feb 17, 2023
Application Filed
Sep 17, 2025
Non-Final Rejection — §103
Dec 29, 2025
Response Filed
Mar 04, 2026
Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+20.7%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 193 resolved cases by this examiner. Grant probability derived from career allow rate.

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