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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harke (US 9,623,718).
Regarding claim 1, Harke (H) discloses an apparatus for heating an operator cab of a vehicle, the apparatus comprising: a cab air heating unit (7, Figure 1); a cab air duct, (A, Figure 2) configured to conduct air toward an interior region of the cab from the cab air heating unit; and an external air intake (9) configured to conduct external air to an inlet side of the cab air heating unit, the external air intake including a condensing conduit (17) extending through at least part of the cab air duct.
Regarding claim 2, Harke (H) discloses the apparatus of claim 1, wherein the apparatus is configured such that, in use when an inner surface of the condensing conduit is subject to a flow of external air at a temperature below a dew point of the air passing through the cab air duct, an outer surface of the condensing conduit acts as a condensing surface on which moisture in air passing through the cab air duct condenses (C6,L52-65).
Regarding claim 3, Harke (H) discloses the apparatus of claim 1, further comprising a blower (18, C5, L61-66) arrangement for drawing external air in through the external air intake and moving air through the cab air heating unit and the cab air duct toward the interior region of the cab.
Regarding claim 9, Harke (H) discloses the apparatus of claim 1, wherein the apparatus is configured to remove moisture from air recirculated from the interior region of the cab, the apparatus having a recirculation duct (29, Figure 2, C7, L29-46) through which air from within the interior region of the cab can be drawn to be mixed with external air drawn in through the external air intake for passage back to the cab through the cab air duct.
Regarding claim 10, Harke (H) discloses the apparatus of claim 1, wherein the apparatus further comprises a condensate collection and removal system (17, Figure 2, C6,L52-65) for collecting and removing condensate which forms on a surface of the condensing conduit in use.
Regarding claim 11, Harke (H) discloses the apparatus of claim 10, wherein the condensate collection and removal system is configured to collect condensate which forms on a surface of condensing conduit in use and remove the condensate to the outside of the cab air duct (17, Figure 2, C6,L52-65).
Regarding claim 12, Harke (H) discloses the apparatus of claim 11, wherein the condensate collection and removal system comprises a condensate duct extending to the exterior of the cab air duct (17, Figure 2, C6,L52-65).
Regarding claim 13, Harke (H) discloses the apparatus of claim 11, wherein at least part of the condensing conduit (Walls of (21) in Figure 2) is inclined to the horizontal and the condensate collection and removal system is configured such that condensate forming on an outer surface of the condensing conduit flows downward towards the condensate collection and removal system.
Regarding claim 14, Harke (H) discloses a method of operating the apparatus of claim 1, the method comprising: operating the apparatus in a moisture removal mode in which external air is drawn into the cab air heating unit though the external air intake while air heated by the cab air heating unit is passed through the cab air duct, such that the temperature of the condensing conduit is lowered below that of the heated air so as to cause moisture in the heated air to condense onto the condensing conduit (Claim 1).
Regarding claim 15, Harke (H) discloses the method of claim 14, wherein the temperature of the condensing conduit is lowered below a dew point of the external air (Claim 1).
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 4-8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Harke (US 9,623,718) in view of Wilfert (US 2,729,158).
Regarding claim 4, Harke (H) discloses the apparatus of claim 1,but does not disclose that the apparatus has a further external air intake which does not pass through the cab air duct and an air flow valve operable to enable external air to be selectively drawn into the cab air heating unit through the external air intake or through the further external air intake.
However, Wilfert (W) discloses a motor vehicle heater (C1, L15-21) wherein the apparatus has a further external air intake (2, Figure 1) which does not pass through the cab air duct and an air flow valve (8, i.e., flap) operable to enable external air to be selectively drawn into the cab air heating unit through the external air intake or through the further external air intake (C3,L1-27). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize varied flow paths in order to maintain a desired cab temperature.
Regarding claim 5, Harke (H), as modified, discloses the apparatus of claim 4, wherein the air flow valve is manually actuatable C3,L37-39).
Regarding claim 6, Harke (H), as modified, discloses the apparatus of claim 4, wherein the air flow valve is automatically actuatable (H-C8,L57-58, note controlled valves are well known in the art of HVAC).
Regarding claim 7, Harke (H) discloses the apparatus of claim 6, wherein the air flow valve is configured to be controlled automatically in response to at least one predetermined operating parameter (H-C8,L57-58).
Regarding claim 8, Harke (H) discloses the apparatus of claims 7, wherein the at least one predetermined operating parameter is selected from the group consisting of a temperature of the condensing conduit, an outside temperature, a temperature in the interior region of the cab, and a humidity of the interior region of the cab (H-C7,L47-60).
Regarding claim 16, Harke (H), as modified, discloses a method of operating the apparatus of claim 4, the method comprising: selectively operating the apparatus in one of: a moisture removal mode in which external air is drawn into the cab air heating unit though the external air intake while air heated by the cab air heating unit is passed through the cab air duct, such that the temperature of the condensing conduit is lowered below that of the heated air so as to cause moisture in the heated air to condense onto the condensing conduit; or a non-moisture removal mode in which external air is drawn into the cab air heating unit though the further external air intake whilst air heated by the cab air heating unit is passed through the cab air duct (H-Figures 2-6, Claim 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN E BARGERO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762
Prosecution Insights