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 12/10/2025 have been received, to which the Applicant is thanked. Claims 16 and 17 have been cancelled. New claims 18-22 have been added. By cancellation of claim 17, the Applicant has overcome the 112(d) rejection of record and it has been withdrawn. The Applicant has overcome the Drawing Objections of record, and they have been withdrawn.
Response to Arguments
The arguments have been fully considered, but have not been found to be persuasive.
In response to Applicants argument on page 7 regarding Bohme’s use a prior art in that Bohme’s vehicle machinery being a different type,
The examiner respectfully responds the Applicants arguments are directed to the preamble where they further amended to elaborate on the field of intended use, however still, the claim language as constructed pertains to the fresh air part of the vehicle, not the intended use of the vehicle itself. MPEP 2115 states material or article worked on does not limit an apparatus claim provided the apparatus is capable of performing the claimed function. The prior art is capable of performing the claimed function of the claimed fresh air device. The Applicants argument is additionally rendered spurious, as the talking point of the type of vehicle is moot in light of Bohme stating in Col. 1, Lines 8-16 that the invention also relates to other construction machines, which includes any possible vehicle that could be construed for a construction use, such as road milling, or road making, machines; all of which overcomes the Applicants argument.
In response to Applicants argument on page 7-10 regarding the combination motivation of Bohme because Bohme is not portable,
The examiner respectfully responds the Applicants arguments are directed Bohme only disclosing “an air-processing apparatus 28 outside a cabin not being provided as a portable means at all”, is spurious as there exists not requirement for portability in the claim language. The Claim language centers around the fresh air device, which most of the limitations pertaining to such an element is rejected by Kim. All of this is viewable from the rejection of record, with Bohme previously only used in association with the claim limitations associated with now cancelled claims 16 and 17, with the Applicants remaining arguments pages 8-10 pertaining to claim limitations in which Bohme was not used in the rejection of record are moot and overcome.
In response to Applicants argument on pages 11-14 regarding new claim language,
The examiner respectfully responds the Applicants arguments are directed to new amendments to the claim language, 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 1-13 & 15 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.
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).
Regarding claim 2, Kim shows wherein the blower unit includes a centrifugal fan or an axial-flow fan (131/136, Fig. 3, ¶0126).
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).
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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).
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 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 18-20 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.
Regarding claim 18, Kim (US 2020/0284449) shows a fresh air device for a driver control panel or for an external control console of vehicle (Fig. 13), wherein the fresh air device comprises
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)
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), 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 fresh air device is configured to be removably attached to the driver control panel or to the external control console, and 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 (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, 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).
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.
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 (Fig. 1) 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).
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 19, Kim shows elements of the claimed invention as stated above in claim 18 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 20, Kim shows elements of the claimed invention as stated above in claim 18 including a vehicle (Fig. 13) comprising the fresh air device (Fig. 13).
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, comprising the fresh air device.
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 8-16), comprising the fresh air device (21, 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).
Claims 20-21 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.
Regarding claim 21, Kim (US 2020/0284449) shows a fresh air device for a driver control panel (Fig. 13) or for an external control console of a vehicle (Fig. 13), wherein the fresh air device comprises
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) configured to be removably attached to the driver control panel or to the external control console (),
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),
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 wherein the fresh air device is configured to be removably attached to the driver control panel or to the external control console, and the at least two flow channels are designed to guide the fresh air flow generated by the blower unit in opposite directions.
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, and 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).
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.
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 (Fig. 1) 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).
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).
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Regarding claim 22, Kim shows elements of the claimed invention as stated above in claim 21 including a vehicle (Fig. 13) comprising the fresh air device (Fig. 13).
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, comprising the fresh air device.
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 8-16), comprising the fresh air device (21, 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).
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 RYAN L FAULKNER whose telephone number is (469)295-9209. The examiner can normally be reached M-F: 9-7, Every other F: Flex.
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/RYAN L FAULKNER/ Examiner, Art Unit 3762
/AVINASH A SAVANI/ Primary Examiner, Art Unit 3762