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 Amendment
This action is responsive to correspondence filed February 3, 2026.
Claims 1-3 and 8-11 are currently pending. Claim 1 has been amended. Claims 4-7 have been canceled. Entry of this amendment is accepted and made of record.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Bard et al. (US 8177179) (hereinafter Bard) in view of Nowicki, Jr. et al. (US 6435017) (hereinafter Nowicki, Jr.) in further view of Wakabayashi (US 2010/0054303) (hereinafter Wakabayashi).
Regarding claim 1, Bard teaches a vehicular air conditioning system, comprising:
an outdoor air sensor (outside temperature sensor) configured to detect outside temperature of the vehicle (see column 1, lines 25-32), wherein the outdoor air sensor includes a sensor body portion (sensor body) (14) having a sensing portion (portion where end segments 22,23 are located) and a terminal portion (upper end portion of sensor body 14) (see Figure 1), a fixing portion (locking elements) (16, 17) installed integrally with the sensor body portion (sensor body) (14) so as to fixedly assemble the sensor body portion to the vehicle body (see column 3, lines 10-26).
However, Bard does not explicitly teach a correct assembly guide portion configured to guide the sensor body portion so that the sensor body portion can be correctly assembled to the vehicle body at a predetermined angular position when the sensor body portion is fixed and assembled to the vehicle body, wherein the correct assembly guide portion includes a correct assembly groove formed at an angular position of the fixing hole of the vehicle body, and a correct assembly protrusion formed on the sensor body portion so that the correct assembly protrusion can be fitted and coupled to the correct assembly groove, wherein the correct assembly protrusion is formed so that when the sensor body portion is correctly assembled into the fixing hole of the vehicle body at a predetermined angular position, the correct assembly protrusion is aligned with and fitted to the correct assembly groove to permit assembly of the sensor body portion into the fixing hole of the vehicle body, and when the sensor body portion is incorrectly assembled into the fixing hole of the vehicle body at a position offset from the predetermined angular position, the correct assembly protrusion is misaligned with the correct assembly groove to restrict assembly of the sensor body portion into the fixing hole of the vehicle body, and wherein the system further comprises a foreign substance entry preventing portion configured to prevent foreign substances from entering the terminal portion side of the sensor body portion from the vehicle exterior side, wherein the foreign substance entry preventing portion includes a foreign substance blocking plate formed on an outer surface portion of the sensor body portion between the sensing portion and the terminal portion to block foreign substances entering the terminal portion side of the sensor body portion from the vehicle exterior side.
Nowicki, Jr. teaches a correct assembly guide portion (entrance groove (72) and retaining notch (46)) configured to guide the sensor body portion so that the sensor body portion (housing) (22) can be correctly assembled to the vehicle body at a predetermined angular position when the sensor body portion (housing) (22) is fixed and assembled to the vehicle body (see Figures 1-13 and column 10-34), wherein the correct assembly guide portion(entrance groove (72) and retaining notch (46)) includes a correct assembly groove (entrance groove (72) and retaining notch (46)) formed at an angular position of the fixing hole (hole) (70) of the vehicle body, and a correct assembly protrusion (retaining flange) (44) formed on the sensor body portion (sensor body) (14) so that the correct assembly protrusion can be fitted and coupled to the correct assembly groove, and the correct assembly protrusion (retaining flange) (44) is formed so that when the sensor body portion is correctly assembled into the fixing hole (hole) (70) of the vehicle body at a predetermined angular position (see column 4, lines 51-67 and Figures 1-13), the correct assembly protrusion (retraining flange) (44) is aligned with and fitted to the correct assembly groove (retaining notch) (46) to permit assembly of the sensor body portion (sensor body) (14) into the fixing hole (hole) (70) of the vehicle body, and when the sensor body portion (sensor body) (14) is incorrectly assembled into the fixing hole (hole) (70) of the vehicle body at a position offset from the predetermined angular position, the correct assembly protrusion (retaining flange) (44) is misaligned with the correct assembly groove to restrict assembly of the sensor body portion (sensor body) (14) into the fixing hole (hole) (70) of the vehicle body (see column 4, lines 51-67 and Figures 1-13), and wherein the system further comprises a foreign substance entry preventing portion (seal) (28) configured to prevent foreign substances from entering the terminal portion side of the sensor body portion (housing) (22) from the vehicle exterior side (see column 3, lines 44-50).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor air sensor as taught by Bard with a correct assembly guide portion configured to guide the sensor body portion so that the sensor body portion can be correctly assembled to the vehicle body at a predetermined angular position when the sensor body portion is fixed and assembled to the vehicle body, wherein the correct assembly guide portion includes a correct assembly groove formed at an angular position of the fixing hole of the vehicle body, and a correct assembly protrusion formed on the sensor body portion so that the correct assembly protrusion can be fitted and coupled to the correct assembly groove, wherein the correct assembly protrusion is formed so that when the sensor body portion is correctly assembled into the fixing hole of the vehicle body at a predetermined angular position, the correct assembly protrusion is aligned with and fitted to the correct assembly groove to permit assembly of the sensor body portion into the fixing hole of the vehicle body, and when the sensor body portion is incorrectly assembled into the fixing hole of the vehicle body at a position offset from the predetermined angular position, the correct assembly protrusion is misaligned with the correct assembly groove to restrict assembly of the sensor body portion into the fixing hole of the vehicle body and wherein the system further comprises a foreign substance entry preventing portion configured to prevent foreign substances from entering the terminal portion side of the sensor body portion from the vehicle exterior side as taught by Nowicki, Jr. One would be motivated to make this combination in order to firmly and securely retain the outdoor sensor in place. One would be motivated to make this combination in order to protect the sensor body portion from damage caused by liquid or foreign objects.
However Bard as modified by Nowicki, Jr. does not explicitly teach wherein the foreign substance entry preventing portion includes a foreign substance blocking plate formed on an outer surface portion of the sensor body portion between the sensing portion and the terminal portion to block foreign substances entering the terminal portion side of the sensor body portion from the vehicle exterior side.
Wakabayashi teaches the foreign substance entry preventing portion includes a foreign substance blocking plate (elastic seal member) (30) formed on an outer surface portion of the sensor body portion (main body) (10) between the sensing portion (bottomed cylindrical sensor accommodation portion) (18) and the terminal portion (base plate) (12) to block foreign substances entering the terminal portion side (base pate) (12) of the sensor body portion from the vehicle exterior side (see paragraph 0049 and 0060).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicular air conditioning system as taught by the prior combination with the foreign substance entry preventing portion including a foreign substance blocking plate formed on an outer surface portion of the sensor body portion between the sensing portion and the terminal portion to block foreign substances entering the terminal portion side of the sensor body portion from the vehicle exterior side as taught by Wakabayashi. One would be motivated to make this combination in order to prevent inward and outward airflow through the mounting hole whereby the ambient temperature environment of the temperature sensor can be maintained constant, and therefore, an accurate temperature measurement can be implemented by the temperature sensor.
Claims 2-3 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Bard in view of Nowicki, Jr. and Wakabayashi as applied to claim 1 above, in further view of Azuma et al. (EP 2650694) (hereinafter Azuma)
Regarding claim 2, the prior combination teaches all the limitations of claim 1, Bard further teaches wherein the sensing portion (portion where end segments 22, 23 are located) is formed on one side of the sensor body portion (sensor body) (14), the terminal portion (upper end portion of sensor body 14) (see Figure 1) is formed on the other side of the sensor body portion (sensor body) (14), a portion of the sensor body portion (sensor body) (14) on the sensing portion side is fitted into a fixing hole (recess) (12) of the vehicle body, and the fixing portion (locking elements) (16, 17) is configured to fixedly assemble the sensor body (sensor body) (14) portion to the fixing hole (recess) (12) of the vehicle body (see column 1, lines 25-32 and Figures 1-3b).
However, Bard as modified by Nowicki, Jr. and Wakabayashi does not explicitly teach that the sensing portion on one side with respect to the fixing hole of the vehicle body faces a vehicle exterior side while the terminal portion on the other side with respect to the fixing hole of the vehicle body faces an engine room side.
Azuma teaches teach that the sensing portion (surface) (311) on one side with respect to the fixing hole (hole) (11) of the vehicle body (bumper) (1) faces a vehicle exterior side while the terminal portion (body part) (31) on the other side with respect to the fixing hole (hole) (11) of the vehicle body faces an engine room side (see paragraph 0033).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the outdoor air sensor as taught by the prior combination with the sensing portion on one side with respect to the fixing hole of the vehicle body faces a vehicle exterior side while the terminal portion on the other side with respect to the fixing hole of the vehicle body faces an engine room side as taught by Azuma. One would be motivated to make this combination in order to accurately measure ambient air temperature.
Regarding claim 3, the prior combination teaches all the limitations of claim 2 , Bard further teaches the fixing portion (locking elements) (16, 17) includes a plurality of elastic hooks (spring element (15) and end segments ( 22, 23)) provided on the sensor body portion at predetermined intervals along a concentric circle centered on the sensing portion the elastic hooks (spring element (15) and end segments ( 22, 23)) are elastically deformed radially inward while being inserted into the fixing hole (recess) (12) together with the sensing when the sensing portion of the sensor body portion (sensor body) (14) is fitted into the fixing hole (recess) (12) of the vehicle body, and hook portions (end segments) ( 22, 23) at the ends of the elastic hooks passed through the fixing hole (recess) (12) are restored radially outward and locked to the portion of the vehicle body around the fixing hole (recess)( 12) on the vehicle exterior side to fix the sensor body portion (sensor body) (14) to the fixing hole (recess) (12) of the vehicle body (see column 4, lines 3-21 and Figure 1-3b).
Regarding claim 8, the prior combination teaches all the limitations of claim 1, Bard in view of Nowicki, Jr and Wakabayashi further teaches the foreign substance blocking plate (seal member) (30) is formed in a disk shape on the outer surface portion of the sensor body portion (main body) (10) between the sensing portion (bottomed cylindrical sensor accommodation portion) (18) and the terminal portion (base plate) (12) with respect to the fixing hole (mounting holes) (4a,5a) of the vehicle body so as to block foreign substances passing through the fixing hole (mounting holes) (4a,5a) of the vehicle body and entering the terminal portion side (base plate) (12) of the sensor body portion (main body) (10) (see Wakabayashi; paragraphs 0049, 0060 and Figures 1- 4B) (Note: the combination provide the seal (30) preventing inward and outward airflow, therefore, it will block foreign substances passing through the fixing hole of the vehicle body and entering the terminal portion side (base plate) (12) of the sensor body portion).
However, Bard as modified by Nowicki, Jr and Wakabayashi does not explicitly teach the terminal portion being on the engine room side.
Azuma teaches the terminal portion being on the engine room side (see paragraph 0033 and Figure 5).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the outdoor air sensor as taught by the prior combination with the terminal portion being on the engine room side as taught by Azuma. One would be motivated to make this combination in order to accurately measure ambient air temperature.
Regarding claim 9, the prior combination teaches all the limitations of claim 8, Bard in view of Nowicki, Jr and Wakabayashi and Azuma further teaches the foreign substance blocking plate (seal member) (30) has a diameter larger than a diameter of the fixing hole of the vehicle body (see Wakabayashi; Figures 3a-4b).
Regarding claim 10, the prior combination teaches all the limitations of claim 9, Bard in view of Nowicki, Jr and Wakabayashi and Azuma further teaches the foreign substance blocking plate (seal member) (30) is formed on the outer surface portion of the sensor body portion (main body) (10) on the engine room side with respect to the fixing hole (mounting holes) (4a,5a) of the vehicle body at a predetermined interval from the fixing hole (mounting holes) (4a,5a) (see Wakabayashi; Figures 3a-4b).
Regarding claim 11, the prior combination teaches all the limitations of claim 10, Bard in view of Nowicki, Jr and Wakabayashi and Azuma further teaches the foreign substance blocking plate (seal member) (30) is formed at a predetermined interval from support ribs (engagement claws) (22) of the sensor body portion (main body) (10) supported on a portion of the vehicle body around the fixing hole (mounting holes) (4a,5a) (see Wakabayashi; Figure 4a).
Response to Arguments
Applicant's arguments filed February 3, 2026 have been fully considered but they are not persuasive.
Applicant argues in pages 5-8 of the Remarks that Bard, Nowicki, Jr., Azuma, and Wakabayashi fails to disclose or suggest at least the correct assembly guide portion feature and the foreign substance entry preventing portion feature of newly amended claim 1.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant argues in page 7 that “Bard's sensor does not have Applicant's claimed correct assembly guide portion and foreign substance entry preventing portion.” This argument is not persuasive.
It is respectfully submitted that the Examiner did not set forth that Bard discloses correct assembly guide portion and foreign substance entry preventing portion.
Applicant argues in page 8 that “the locking structure if Nowicki, Jr is different from Applicant’s revised claim 1 and Nowicki, Jr. does not have a foreign substance entry preventing portion.” This argument is not persuasive.
The Examiner respectfully submits that the newly added limitation only requires “a correct assembly guide portion configured to guide the sensor body portion so that the sensor body portion can be correctly assembled to the vehicle body at a predetermined angular position when the sensor body portion is fixed and assembled to the vehicle body, wherein the correct assembly guide portion includes a correct assembly groove formed at an angular position of the fixing hole of the vehicle body, and a correct assembly protrusion formed on the sensor body portion so that the correct assembly protrusion can be fitted and coupled to the correct assembly groove, wherein the correct assembly protrusion is formed so that when the sensor body portion is correctly assembled into the fixing hole of the vehicle body at a predetermined angular position, the correct assembly protrusion is aligned with and fitted to the correct assembly groove to permit assembly of the sensor body portion into the fixing hole of the vehicle body, and when the sensor body portion is incorrectly assembled into the fixing hole of the vehicle body at a position offset from the predetermined angular position, the correct assembly protrusion is misaligned with the correct assembly groove to restrict assembly of the sensor body portion into the fixing hole of the vehicle body.” The Examiner respectfully submits that the entrance groove (72), retaining notch (46) and retaining flange (44) of Nowicki, Jr. meets the claimed language of the locking structure as claimed in newly amended claim 1.
Regarding Applicant arguments in page 8 of the Remarks that “Wakabayashi does not teach “the claimed correct assembly guide portion nor Applicant’s claimed foreign substance entry preventing portion.” This argument is not persuasive.
The Examiner did not set forth that Wakabayashi teaches the correct assembly guide portion as claimed in newly amended claim 1. Wakabayashi is used as secondary reference to teach the foreign substance entry preventing portion as claimed in newly amended claim 1.
Independent claim 1 only requires “the foreign substance entry preventing portion includes a foreign substance blocking plate formed on an outer surface portion of the sensor body portion between the sensing portion and the terminal portion to block foreign substances entering the terminal portion side of the sensor body portion from the vehicle exterior side.”
The Examiner respectfully submits that the elastic seal member (30) as taught by Wakabayashi meets the claimed language as claimed in newly amended claim 1.
The Examiner respectfully submits newly amended claim 1 has been rejected as being unpatentable over Bard in view of Nowicki, Jr. in further view of Wakabayashi (see rejection of claim 1 above).
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 JANICE M SOTO whose telephone number is (571)270-7707. The examiner can normally be reached M-F 8:00am-4:00pm.
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/JANICE M SOTO/ Examiner, Art Unit 2855
/JOHN E BREENE/ Supervisory Patent Examiner, Art Unit 2855