Prosecution Insights
Last updated: October 25, 2026
Application No. 18/221,266

FRESH AIR MEANS

Non-Final OA §103
Filed
Jul 12, 2023
Priority
Jul 14, 2022 — EU 22184913.6
Examiner
FAULKNER, RYAN L
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Joseph Vögele AG
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
222 granted / 328 resolved
-2.3% vs TC avg
Strong +17% interview lift
Without
With
+16.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
29 currently pending
Career history
364
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
31.2%
-8.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 328 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 Amendments The amendments filed on 08/14/2026 have been received, to which the Applicant is thanked. Claims 2 and 18-20 have been cancelled. New claims 23-26 have been added into consideration. Response to Arguments The arguments have been fully considered, but have not been found to be persuasive. In response to Applicants argument on pages 6-10 regarding new claim language and new claims, The examiner respectfully responds the Applicants arguments are directed to new amendments to the claim language, claim 21 of which has a new form of rejection, and new claims, all of which have been addressed in the rejection below. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “operating element” in claim 4. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. ¶0073 of the disclosure outlines that an operating element may be a dial, knob, or button. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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. Claims 1, 3-13, 15, & 23 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2020/0284449), hereinafter referred to as Kim, in view of Chen (US 2007/0089444), in further view of Bohme et al (US 8,371,641), hereinafter referred to as Bohme, in further view of Yan et al (CN112807922), hereinafter referred to as Yan. Regarding claim 1, Kim (US 2020/0284449) shows a vehicle (Fig. 13) comprising a driver control platform (Fig. 13) that is open at least at a side (Fig. 13) and includes a driver control panel (21, Fig. 13 – elements 21 is the dashboard); a fresh air device comprising a blower unit (130/135, Fig. 3) for generating an air flow (Fig. 12), a filter unit (160, Fig. 3) for filtering the air flow formed by the blower unit (Fig. 12), and an air discharge unit (120, Fig. 2) including at least one air outlet opening (121c / 121d, Fig. 4 – each portion 121c and 121d has their own air outlet opening at the downstream end of the portions 121c /121d) for the filtered air flow (Fig. 12), wherein the fresh air device is designed as a modular attachment apparatus (Fig. 7-10 – the fresh air device is designed as a modular attachment apparatus that is comprised of modular, attachable parts). However, Kim lacks showing wherein the fresh air device is configured to be removably attached to the driver control panel or to the external control console. Chen (US 2007/0089444), a vehicular air delivery device, is in the same field of endeavor as Kim which is a vehicular air delivery device. Chen teaches wherein the fresh air device (20/30, Fig. 1 – the fresh air device is the composition of the air discharge unit 20) is configured to be removably attached to the driver control panel (Fig. 1/2, ¶0029 - the fresh air device 20 comprises of a clip 50 to removably attach it to the driver control panel, or, the dashboard, as the dashboard can be seen with a steering wheel from the driver control panel) or to the external control console. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fresh air device of Kim to incorporate the teachings of the fresh air device of Chen, which would a simple means that requires no in-depth installation to connect the cooling fan to any vehicle that has a dashboard to increase the comfort of the user (¶0010). However, Kim lacks showing the vehicle is a road making machine which is configured as a road finishing machine or a charger vehicle for a road finishing machine, and when configured as the road finishing machine, an external control platform that includes an external control console. Bohme (US 8,371,641), a vehicle with air conditioning means, is in the same field of endeavor as Kim which is a vehicle with air conditioning means. Bohme teaches the vehicle is a road making machine which is configured as a road finishing machine or a charger vehicle for a road finishing machine (Col. 1, Lines 8-33 – the invention relates to a road milling, or road making, machine, however it also outlines the invention can be for other types of construction machines), and when configured as the road finishing machine (Fig. 1), an external control platform (8, Fig. 2) that includes an external control console (11, Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle of Kim to incorporate the teachings of the vehicle of Bohme, which would provide a road making machine with air conditioning features to keep out associated debris, dust, and contaminants related to the making of a road, and that which can rotate and see more of the working environment (Col. 1, Lines 65-67 / Col. 2, Lines 1-4). However, Kim lacks showing wherein the blower unit includes a centrifugal fan. Yan (CN112807922), a blower unit for a vehicle, is in the same field of endeavor as Kim which is a blower unit for a vehicle. Yan teaches the blower unit includes a centrifugal fan (2, Fig. 2, ¶0010). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the blower unit of Kim to incorporate the teachings of the centrifugal fan of Yan, which would provide a centrifugal fan that draws the contaminated air into the casing and changes the direction of the contaminated air flow, which, then the purified and filtered air is discharged outward through the exhaust outlet of the casing, resulting in a duct structure that has the advantages of high air pressure, convenient contaminated air intake into the casing, and good air purification and filtration effect (¶0021). Regarding claim 3, Kim shows elements of the claimed invention as stated above in claim 1 including the blower unit and the vehicle. However, Kim lacks showing wherein the blower unit is connectable with a power supply source of the road making machine. Bohme teaches wherein the blower unit (21, Fig. 1) is connectable with a power supply source of the road making machine (Fig. 2 – Bohne teaches the blower unit 21 is connectable with a power supply source of the road making machine, as seen in Fig. 2 and in view of MPEP 2131.01. Sect. III, the Examiner is using the broadest reasonable interpretation that the blower unit 21 which is constructively integrated into an already functional panel for control 11, which suggests that such a configuration is also providing power for the cab 8, and as such, a tool used within that cab, such as the blower unit 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle of Kim to incorporate the teachings of the vehicle of Bohme, which would provide a road making machine with air conditioning features to keep out associated debris, dust, and contaminants related to the making of a road, and that which can rotate and see more of the working environment (Col. 1, Lines 65-67 / Col. 2, Lines 1-4). Regarding claim 4, Kim shows wherein the air discharge unit includes at least one operating element (185, Fig. 2) for adjusting a speed of the blower unit (¶0093). Regarding claim 5, Kim shows wherein the filter unit is positioned upstream of the blower unit seen in a direction of flow (Fig. 12), and/or the filter unit includes a filter housing for receiving a replaceable filter element. Regarding claim 6, claim 6, which claims “the filter unit comprises at least one housing expansion stage for the filter housing that is configured to receive at least one further filter element”, depends from claim 5, however, the subject matter of claim 6 is that of the non-elected Markush limitations in claim 5 of “and/or the filter unit includes a filter housing for receiving a replaceable filter element”, therefore, no art rejection is being rendered for claim 6, as its dependent subject matter was not selected in claim 5, from which claim 6 depends, while further limiting a claim limitation over the filter housing in claim 5. Regarding claim 7, Kim shows wherein the air discharge unit includes a mounting plate (140, Fig. 7) to which the blower unit and/or the filter unit is fastened (Fig. 7-10 – Figs. 7-10 outlines the process of which the filter unit 160 is fastened). Regarding claim 8, Kim shows elements of the claimed invention as stated above in claim 7 including the air discharge unit, the driver control panel, and a fan housing for the blower unit (Fig. 3 – the blower units 130/135 both comprise of a fan housing). However, Kim lacks showing wherein the air discharge unit includes a first mounting for removably attaching the fresh air device at the driver control panel or at the external control console, the first mounting being also provided, together with the mounting plate, for forming a fan housing for the blower unit. Chen teaches wherein the air discharge unit (20, Fig. 1) includes a first mounting (50, Fig. 2) for removably attaching the fresh air device (20/30, Fig. 1/2) at the driver control panel (Fig. 1/2, ¶0029 - the fresh air device 20/30 comprises of a clip 50 to removably attach it to the driver control panel, or, the dashboard, as the dashboard can be seen with a steering wheel from the driver control panel) or at the external control console, the first mounting being also provided, together with the mounting plate (30, Fig. 1), for forming a fan housing (Fig. 2 – element 30 is a fan housing, comprised of the physical structure of the mounting plate 30) for the blower unit (20/30, Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fresh air device of Kim to incorporate the teachings of the fresh air device of Chen, which would a simple means that requires no in-depth installation to connect the cooling fan to any vehicle that has a dashboard to increase the comfort of the user (¶0010). Regarding claim 9, Kim shows elements of the claimed invention as stated above in claim 8 including the driver control panel. However, Kim lacks showing wherein the first mounting is removably connected with a second mounting that is fastenable to the driver control panel or the external control console. Chen teaches wherein the first mounting (50, Fig. 2) is removably connected with a second mounting that is fastenable to the driver control panel (Fig. 1, see Annotated Figure 1 – Figure 1 shows that the first mounting 50 is removably connected with a second mounting, that of the location in which the first mounting connects with the second mounting of the dashboard, which is fastenable to the driver control panel, or the dashboard) or the external control console. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fresh air device of Kim to incorporate the teachings of the fresh air device of Chen, which would a simple means that requires no in-depth installation to connect the cooling fan to any vehicle that has a dashboard to increase the comfort of the user (¶0010). Regarding claim 10, Kim shows elements of the claimed invention as stated above in claim 9 including the driver control panel. However, Kim lacks showing wherein a connection point formed between the first mounting and the second mounting is mounted to be freely accessible by an operator above the driver control panel or the external control console. Chen teaches wherein a connection point (see Annotated Figure 1) formed between the first mounting and the second mounting is mounted to be freely accessible by an operator above the driver control panel (see Annotated Figure 1 – the connection point is mounted to be freely accessible by an operator above the driver control panel) or the external control console. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fresh air device of Kim to incorporate the teachings of the fresh air device of Chen, which would a simple means that requires no in-depth installation to connect the cooling fan to any vehicle that has a dashboard to increase the comfort of the user (¶0010). Regarding claim 11, Kim shows wherein the air flow sucked in through the filter unit by the blower unit is distributable by the blower unit as a filtered fresh air flow to at least two flow channels (121c / 121d, Fig. 12 – at least two airflow channels are located within each element 121c / 121d, as air can be seen flowing through them) formed within the air discharge unit (Fig. 12). Regarding claim 12, Kim shows wherein the at least one air outlet opening of the air discharge unit comprises first and second air outlet openings (121c / 121d, Fig. 4 – the first air outlet opening is located at the downstream end of element 121c and the second air outlet opening is located at the downstream end of element 121d), and the at least two flow channels comprise first and second flow channels that are designed to guide the filtered fresh air flow generated by the blower unit (Fig. 12) to the first and second air outlet openings, respectively, of the air discharge unit (Fig. 12). However, Kim lacks showing the at least two flow channels are designed to guide the fresh air flow generated by the blower unit in opposite directions. Chen teaches the at least two flow channels (see Annotated Figure 1) are designed to guide the fresh air flow generated by the blower unit (Fig. 1 – the fresh air device is a blower unit that comprises a fan) in opposite directions (see Annotated Figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fresh air device of Kim to incorporate the teachings of the fresh air device of Chen, which would a simple means that requires no in-depth installation to connect the cooling fan to any vehicle that has a dashboard to increase the comfort of the user (¶0010). PNG media_image1.png 471 679 media_image1.png Greyscale Annotated Figure 1 Regarding claim 13, Kim shows wherein the air discharge unit comprises a cover (121, Fig. 5) for covering the at least two flow channels (Fig. 12). Regarding claim 15, Kim shows wherein the fresh air device is mountable to the driver control panel or to the external control console (Fig. 13 – Dictionary.com defines Mount: “to set or place at an elevation”; the Examiner is using the broadest reasonable interpretation to understand the fresh air device of Kim is mounted next to an operating surface of the driver control panel 21, or the dashboard) such that the at least one air outlet opening formed thereat is positioned next to an operating surface of the driver control panel or the external control console (Fig. 12). Regarding claim 23, Kim shows elements of the claimed invention as stated above in claim 12 Including the first and second air outlet openings. However, Kim lacks showing wherein the centrifugal fan is arranged between the first and second air outlet openings. Yan teaches the centrifugal fan (2, Fig. 2) is arranged between the first and second air outlet openings (see Annotated Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at blower unit of Kim to incorporate the teachings of the centrifugal fan and the first and second air outlet openings of Yan, which would provide a centralized blower within the duct structure providing low wind resistance and high wind pressure which can improve the purification and filtration efficiency of the contaminants by having a wider throw of the airflow (¶0022). Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2020/0284449), hereinafter referred to as Kim, in view of Chen (US 2007/0089444), in further view of in further view of Bohme et al (US 8,371,641), hereinafter referred to as Bohme, in further view of Yan et al (CN112807922), hereinafter referred to as Yan, in further view of Lin et al (US 2017/0361682), hereinafter referred to as Lin. Regarding claim 14, Kim shows elements of the claimed invention as stated above in claim 11 including the at least one air outlet opening. However, Kim lack showing wherein the at least one air outlet opening includes adjustable louvers. Lin (US 2017/0361682), an air conditioning system for a vehicle, is in the same field of endeavor as Kim which is an air conditioning system for a vehicle. Lin teaches wherein the at least one air outlet opening (Fig. 2 – the space the adjustable louvers occupy, is the air outlet opening) includes adjustable louvers (215, Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air outlet opening of Kim to incorporate the teachings of the air outlet opening of Lin, which would provide adjustable vanes that would make controlling of the flow rate and direction easier (¶0005, Lines 11-14). Claims 21 is rejected under 35 U.S.C. 103 as being unpatentable over Bohme et al (US 8,371,641), hereinafter referred to as Bohme, in view of Yan et al (CN112807922), hereinafter referred to as Yan. Regarding claim 21, Bohme (US 8,371,641) shows a fresh air device (21, Fig. 2 – the totality of the composition of structure of element 21 comprises of the fresh air device) for a driver control panel or for an external control console of a road making machine which is configured as a road finishing machine or a charger vehicle for a road finishing machine (Col. 1, Lines 8-33 – the invention relates to a road milling, or road making, machine, however it also outlines the invention can be for other types of construction machines), wherein the fresh air device comprises a blower unit (22, Fig. 2/4) for generating an air flow (Fig. 2/4 – element 28A is a centrifugal fan, a fan that takes air in a generally 90 degree angle from where the air is blown out, for generating an airflow), a filter unit (Col. 3, Lines 59-63) for filtering the air flow formed by the blower unit (Col. 3, Lines 59-67), and an air discharge unit (21A, Fig. 2 – the three air outlet openings 21A comprise of the air discharge unit) including at least one air outlet opening (21A, Fig. 2) for the filtered air flow (Fig. 2, Col. 3, Lines 59-67), wherein the fresh air device (21, Fig. 2) is designed as a modular attachment apparatus configured to be removably attached to the driver control panel or to the external control console (11, Fig. 2 – element 21 is an apparatus of a module that is configured to be removably attached to the external control console 11, as it is attached therein, it is configured to be removably attached by virtue of connecting separate elements to comprise a whole), wherein the air flow sucked in through the filter unit by the blower unit is distributable by the blower unit as a filtered fresh air flow (Col. 3, Lines 59-67) to at least two flow channels formed within the air discharge unit (Fig. 2 – each of the three air outlet openings 21A each comprise of at least of an airflow channel for each of the passing of air therethrough, respectively), wherein the at least one air outlet opening of the air discharge unit comprises first and second air outlet openings (Fig. 2 – as the Applicant claims at least one air outlet opening of 23a or 23b of the air discharge unit 21 is to comprise of a first and second air outlet opening by now positively claiming two separate air outlet openings as seen in the Applicants own Figs. 7 & 8, as does Bohme show the at least one air outlet opening 21A of the discharge unit, of the composition of a total of three air outlet openings, to comprise of a first and second air outlet openings, with the first air outlet opening being the left-most air outlet opening 21A and the second air outlet opening being the right-most air outlet opening 21A), and the at least two flow channels comprise first and second flow channels that are designed to guide the filtered fresh air flow generated by the blower unit (Fig. 2/4, Col. 3, Lines 59-67 – the at least two flow channels of the three air outlet openings comprise of first and second flow channels, associated with the first and second air outlet openings, respectively, are designed to guide the filtered air flow generated by the blower unit) in the same direction to the first and second air outlet openings, respectively, of the air discharge unit (Fig. 2). However, Bohme lacks showing the at least two flow channels comprise first and second flow channels that are designed to guide the air flow generated by the blower unit in opposite directions to the first and second air outlet openings, respectively, of the air discharge unit. Yan (CN112807922), a vehicle air conditioner, is in the same field of endeavor as Bohme which is a vehicle air conditioner. Yan teaches the at least two flow channels (see Annotated Figure 2) comprise first and second flow channels (see Annotated Figure 2) that are designed to guide the air flow generated by the blower unit (2, Fig. 2) in opposite directions to the first and second air outlet openings (see Annotated Figure 2), respectively, of the air discharge unit (1, Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least two flow channels of Bohme to incorporate the teachings of the at least two flow channels and the first and second flow channels of Yan, which would provide a duct structure that has high air pressure, convenient intake of the contaminated air, and good contaminant purification and filtration effect (¶0021, Lines 8-10). PNG media_image2.png 410 740 media_image2.png Greyscale Annotated Figure 2 Regarding claim 22, Bohme shows a road making machine which is configured as a road finishing machine or a charger vehicle for a road finishing machine (Col. 1, Lines 8-16), comprising the fresh air device (21, Fig. 2) according to claim 21. Regarding claim 24, Bohme shows wherein the first and second air outlet openings face in a first direction (Fig. 2 – the first and second air outlet openings face in a first direction, that is understood as a “Z” direction upwards). However, Bohme lacks showing the first and second flow channels each extend transversely to the first direction. Yan teaches the first and second flow channels each extend transversely to the “Z” direction (see Annotated Figure 2 – the first and second flow channels each extend transversely to the “Z” direction, which is perpendicular to the direction of the first and second flow channels, as the Z direction protrudes upwards from the image on the screen/paper). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least two flow channels of Bohme to incorporate the teachings of the at least two flow channels and the first and second flow channels of Yan, which would provide a duct structure that has low wind resistance and high wind pressure which can improve the purification and filtration efficiency of the contaminants by having a wider throw of the airflow (¶0022). Regarding claim 25, Bohme shows elements of the claimed invention as stated above in claim 24 including the blower unit and the first and second air outlet openings. However, Bohme lacks showing wherein the blower unit is arranged between the first and second air outlet openings. Yan teaches wherein the blower unit (2, Fig. 2) is arranged between the first and second air outlet openings (see Annotated Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least two flow channels of Bohme to incorporate the teachings of the at least two flow channels and the first and second flow channels of Yan, which would provide a centralized blower within the duct structure providing low wind resistance and high wind pressure which can improve the purification and filtration efficiency of the contaminants by having a wider throw of the airflow (¶0022). Regarding claim 26, Bohme shows elements of the claimed invention as stated above in claim 21 including the blower unit, the first and second air outlet openings, and the first and second flow channels. However, Bohme lacks showing wherein the blower unit is arranged between the first and second air outlet openings, the first flow channel extends in a first direction away from the blower unit and toward the first air outlet opening, and the second flow channel extends in a second direction, opposite the first direction, away from the blower unit and toward the second air outlet opening. Yan teaches wherein the blower unit (2, Fig. 2) is arranged between the first and second air outlet openings (see Annotated Figure 2), the first flow channel extends in a first direction away from the blower unit and toward the first air outlet opening (see Annotated Figure 2), and the second flow channel extends in a second direction, opposite the first direction (see Annotated Figure 2), away from the blower unit and toward the second air outlet opening (see Annotated Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least two flow channels of Bohme to incorporate the teachings of the at least two flow channels and the first and second flow channels of Yan, which would provide a centralized blower within the duct structure providing low wind resistance and high wind pressure which can improve the purification and filtration efficiency of the contaminants by having a wider throw of the airflow (¶0022). The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and is provided in the Notice of References Cited. The following prior art teaches related ventilated vehicle enclosures: US 4,531,453 - Warman discloses a ventilated vehicle cab with an air filtering system US 2023/0103167 – Minter discloses a ventilated work vehicle with an open side of wire mesh US 2018/0134114 – Eckelberg discloses a ventilated cab of a work vehicle with a filter assembly Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN L FAULKNER whose telephone number is (469)295-9209. The examiner can normally be reached M-F: 9-7, Every other F: Flex. 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 at 571-272-6460. 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. /RYAN L FAULKNER/ Examiner, Art Unit 3762 /AVINASH A SAVANI/ Primary Examiner, Art Unit 3762
Read full office action

Prosecution Timeline

Jul 12, 2023
Application Filed
Sep 10, 2025
Non-Final Rejection mailed — §103
Dec 10, 2025
Response Filed
Mar 23, 2026
Final Rejection mailed — §103
May 19, 2026
Response after Non-Final Action
Jun 23, 2026
Request for Continued Examination
Jul 07, 2026
Response after Non-Final Action
Oct 02, 2026
Non-Final Rejection mailed — §103 (current)

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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
68%
Grant Probability
84%
With Interview (+16.8%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 328 resolved cases by this examiner. Grant probability derived from career allowance rate.

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