DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This office action is in response to application number 18/417,010 filed on 01/19/2024, in which the amendments and arguments filed on 11/04/2025.
Claims 1 and 11-14 has been amended.
Claims 21-24 have been added.
Claim 5-9 and 15-19 have been cancelled.
Claims 1-4, 10-14, and 20-24 are currently pending and have been examined.
Information Disclosure Statement
3. The information disclosure statements (IDS(s)) submitted on 01/19/2024 have been received and considered.
Response to Amendment
4. Applicant' s amendments to the Claims have overcome the rejections and objection previously set forth in the Non-Final Office Action mailed 07/09/2025. Applicants arguments, see page 9-12 filed on 11/04/2025, with respect to the rejection(s) of claim(s) 1-20 under 35 USC 103 are persuasive. Therefore, a new rejection is made under 35 USC 103 as necessitated by amendment over (US20200238786 A1) to Murphy et al. (hereinafter Murphy) in view of Kirschenmann (DE 102021113659 A1)with respect to Claim(s) 1-4, 10-14, and 20-24. Also a new rejection is made under 35 U.S.C. 103 as being unpatentable over Murphy (US20200238786 A1) in view of Kirschenmann (DE 102021113659 A1) and further in view of Straub (EP 0802076 A2) with respect to Claim(s) 22 and 24.
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.
5. Claim(s) 1-4, 10-14, and 20-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US20200238786 A1) to Murphy et al. (hereinafter Murphy) in view of Kirschenmann (DE 102021113659 A1).
Regarding claim 1, Murphy discloses A method for adaptive cabin air quality control, the method comprising: (Murphy Paragraph 0020: “A method and system for obtaining and/or utilizing environmental data are described. Environmental data includes external environmental data and/or in-cabin environmental data”) collecting, on a computer processor, data from one or more air quality sensors; (Murphy Paragraph 0020: “In-cabin environmental data includes processed or unprocessed sensor data that measures such pollutants, contaminants and/or other components of the environment within a vehicle cabin. For example, in-cabin environmental data may include measurements of NO.sub.2, CO, NO, O.sub.3, SO.sub.2, CO.sub.2, CH.sub.4, VOCs, PM, radiation, noise, temperature, other pathogens and/or other conditions that are in a sample taken from inside of the vehicle cabin.”) (Murphy Paragraph 0021: “In-cabin sensors may be incorporated into the vehicles, for example in ventilation systems, or may be mounted on the vehicles.”) calculating, by the computer processor, a pollution level for one or more grid locations; (Murphy Paragraph 0052: “The environmental data (e.g. in-cabin and external environmental data) is processed and analyzed, at 406. In some embodiments, machine learning, computational intelligence and/or other data processing tools may be used.”) (Murphy Paragraph 0052: “For example, the levels of particular contaminates in the environmental data may be displayed, the environmental quality may be displayed and/or the levels or quality of regions may be mapped.”) receiving, by the computer processor, a location for a vehicle within the one or more grid locations, (Murphy Paragraph 0029: “Data recipient 104 corresponds to a vehicle which may receive data from server 150, mobile sensor platforms 102 and/or stationary sensor platform 102.”) (Murphy Paragraph 0035: “Sensor platform 102A also includes a position unit 145 that provides position data. In some embodiments, position unit 145 is a global positioning satellite (GPS) unit.”) (Murphy Paragraph 0035: “In addition, processing unit 140 may perform processing on data received by mobile sensor platform 102A.”) (Murphy Paragraph 0048: “location data such as GPS data from vehicles currently or previously traveling roadway 302”) the vehicle including an air cabin air recirculation system with a controllable air flap; (Murphy Paragraph 0043: “Ventilation system 250 also includes control mechanism(s). For example, ventilation system 250 may include electronics or other mechanisms to open and close air vents, engage air recirculation systems, and/or open and close windows.”) calculating, by the computer processor, a real-time flap position for the controllable air flap based on the pollution for the one or more grid locations and the location for the vehicle within the one or more grid locations; (Murphy Paragraph 0088: “FIG. 10 depicts a system for providing ventilation notifications in real time or near real time. System 1000 is mounted on dash 1002 and includes a display 1005. In the embodiment shown, display 1005 also includes a map and a pointer (arrowhead-shaped quadrilateral) that indicates the location and direction of the vehicle. Information is provided on display 1005. In addition, ventilation notification 1010 is provided. Ventilation notification 1010 indicates the mitigation that is recommended or being taken. For example, ventilation notification 1010 may be displayed if the vehicle windows are automatically opened or ventilation of the vehicle cabin is recommended based upon the in-cabin environmental data.”) […] calculating, by the computer processor, an updated real-time flap position for the vehicle based on an in-cabin C02 calculation from the vehicle, the in-cabin C02 calculation including a threshold in-cabin C02 concentration, the threshold in-cabin C02 configured to determine if the controllable air flap is in an open position or a closed position; (Murphy Paragraph 0043: “Ventilation system 250 includes any manifolds or physical mechanisms used to control the environment of the cabin of vehicle 200. For example, ventilation system 250 may include air vents, filters, air recirculation systems,”) (Murphy Paragraph 0044: “For example, a green LED may indicate that CO.sub.2 levels are acceptable, while a red LED may indicate that CO.sub.2 levels are higher than a particular threshold and the cabin should be ventilated.”) (Murphy Paragraph 0053: “Thus, mitigation actions (e.g., turning on air recirculation and filtration) may also be provided in near real time.”) (Murphy Paragraph 0088: “FIG. 10 depicts a system for providing ventilation notifications in real time or near real time. System 1000 is mounted on dash 1002 and includes a display 1005. In the embodiment shown, display 1005 also includes a map and a pointer (arrowhead-shaped quadrilateral) that indicates the location and direction of the vehicle. Information is provided on display 1005. In addition, ventilation notification 1010 is provided. Ventilation notification 1010 indicates the mitigation that is recommended or being taken. For example, ventilation notification 1010 may be displayed if the vehicle windows are automatically opened or ventilation of the vehicle cabin is recommended based upon the in-cabin environmental data.”) (Note: The real time flap position of the recirculation system is determined if the CO2 levels are above a threshold and it is closes if it is below that threshold)
Murphy does not disclose […] receiving, by the computer processor, a number of passengers in a vehicle cabin of the vehicle, a cabin volume of the vehicle cabin of the vehicle, and a percentage of the controllable air flap opening; […] and sending, by the computer processor, the updated real-time flap position to the vehicle, the updated real-time flap position in the open position including a recirculation flap door angle, the recirculation flap door angle being a function of the number of passengers in the vehicle cabin of the vehicle, the cabin volume of the vehicle cabin of the vehicle, and the percentage of the controllable air flap opening.
However, Kirschenmann does teach […] receiving, by the computer processor, a number of passengers in a vehicle cabin of the vehicle, a cabin volume of the vehicle cabin of the vehicle, (Kirschenmann Paragraph 0017: “A further aspect relates to a control device for regulating a room climate in an interior of a motor vehicle, the control device being prepared for carrying out the method, which can be designed and developed as described above.”) (Kirschenmann Paragraph 0020: “The CO .sub.2 concentration and O .sub.2 concentration of the air in the interior 10 can change, in particular due to the breathing air 17 of occupants in the interior 10 change. Since the volume men of the interior 10 is known and the extent of the conversion of O .sub.2 into CO .sub.2 by the breathing air 17 of the occupants essentially depends on the number of occupants, the change in the CO .sub.2 concentration in the interior 10 can also without a CO .sub.2 sensor be determined with sufficient accuracy by estimation.”) (Kirschenmann Paragraph 0021: “As in 2 is shown, after a start 18, a CO .sub.2 concentration in the interior 10 can be determined in a first step 20, the determined CO .sub.2 concentration being compared in a second step 22 with a long-term threshold value for the CO .sub.2 concentration. In addition, in a third step 24, in particular at the same time, a recirculation requirement for recirculating the air from the interior 10 is determined. Here, for example, a set swivel angle of a recirculation flap can be determined, from which the requirement to supply recirculated air 16 to the interior 10 can be determined. If recirculated air is not provided, ie the proportion of recirculated air is zero and the recirculated air flap is pivoted into the associated end position, there is no recirculated air requirement.”) and a percentage of the controllable air flap opening; (Kirschenmann Paragraph 0014: “The CO .sub.2 concentration is preferably determined as a function of the number of people in the interior and/or the temperature in the interior and/or an opening state of windows that can be opened to the surroundings and/or a driving speed of the motor vehicle and/or a mass flow of fresh air supplied.”) (Note: The percentage of the controllable air flap opening is based on the mass flow of fresh air supplied) […] and sending, by the computer processor, the updated real-time flap position to the vehicle, the updated real-time flap position in the open position including a recirculation flap door angle, the recirculation flap door angle being a function of the number of passengers in the vehicle cabin of the vehicle, the cabin volume of the vehicle cabin of the vehicle, (Kirschenmann Paragraph 0017: “A further aspect relates to a control device for regulating a room climate in an interior of a motor vehicle, the control device being prepared for carrying out the method, which can be designed and developed as described above.”) (Kirschenmann Paragraph 0020: “The CO .sub.2 concentration and O .sub.2 concentration of the air in the interior 10 can change, in particular due to the breathing air 17 of occupants in the interior 10 change. Since the volume men of the interior 10 is known and the extent of the conversion of O .sub.2 into CO .sub.2 by the breathing air 17 of the occupants essentially depends on the number of occupants, the change in the CO .sub.2 concentration in the interior 10 can also without a CO .sub.2 sensor be determined with sufficient accuracy by estimation.”) (Kirschenmann Paragraph 0021: “As in 2 is shown, after a start 18, a CO .sub.2 concentration in the interior 10 can be determined in a first step 20, the determined CO .sub.2 concentration being compared in a second step 22 with a long-term threshold value for the CO .sub.2 concentration. In addition, in a third step 24, in particular at the same time, a recirculation requirement for recirculating the air from the interior 10 is determined. Here, for example, a set swivel angle of a recirculation flap can be determined, from which the requirement to supply recirculated air 16 to the interior 10 can be determined. If recirculated air is not provided, ie the proportion of recirculated air is zero and the recirculated air flap is pivoted into the associated end position, there is no recirculated air requirement.”) and the percentage of the controllable air flap opening. (Kirschenmann Paragraph 0014: “The CO .sub.2 concentration is preferably determined as a function of the number of people in the interior and/or the temperature in the interior and/or an opening state of windows that can be opened to the surroundings and/or a driving speed of the motor vehicle and/or a mass flow of fresh air supplied.”) (Note: The percentage of the controllable air flap opening is based on the mass flow of fresh air supplied)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Murphy to include […] receiving, by the computer processor, a number of passengers in a vehicle cabin of the vehicle, a cabin volume of the vehicle cabin of the vehicle, and a percentage of the controllable air flap opening; […] and sending, by the computer processor, the updated real-time flap position to the vehicle, the updated real-time flap position in the open position including a recirculation flap door angle, the recirculation flap door angle being a function of the number of passengers in the vehicle cabin of the vehicle, the cabin volume of the vehicle cabin of the vehicle, and the percentage of the controllable air flap opening taught by Kirschenmann. This would have been for the benefit to indicate measures that enable a good room climate in an interior of a motor vehicle. [Kirschenmann Paragraph 0004]
Regarding claim 2, Murphy discloses The method according to claim 1, further comprising: receiving, by the computer processor, the data from the one or more air quality sensors from on-board air quality sensors from one or more vehicles. (Murphy Paragraph 0016: “As used herein, the term ‘processor’ refers to one or more devices, circuits, and/or processing cores configured to process data”) (Murphy Paragraph 0059: “In some embodiments, vehicle 200 processes the environmental data from sensor platform 202 and in-cabin sensor(s) 260 to determine measured CO.sub.2 levels outside and inside vehicle 200.”)
Regarding claim 3, Murphy discloses The method according to claim 1, further comprising: receiving, by the computer processor, the data from the one or more air quality sensors from one or more stationary air quality sensors positioned in the one or more grid locations. (Murphy Paragraph 0018: “Environmental data may be captured using mobile and/or stationary sensor platforms and may include measurements of pollutants, contaminants, and/or other conditions.”) (Murphy 0090: “Based on the hot spots (e.g. size, shape, location, number) and other features of the region, a combination of mobile sensor systems and stationary sensor systems may be deployed. Hot spots are indicated in map 1200 by circles”)
Regarding claim 4, Murphy discloses The method according to claim 1, further comprising: receiving, by the computer processor, the data from the one or more air quality sensors from on-board air quality sensors from one or more vehicles and from one or more stationary air quality sensors positioned in the one or more grid locations. (Murphy Paragraph 0016: “As used herein, the term ‘processor’ refers to one or more devices, circuits, and/or processing cores configured to process data”) (Murphy Paragraph 0059: “In some embodiments, vehicle 200 processes the environmental data from sensor platform 202 and in-cabin sensor(s) 260 to determine measured CO.sub.2 levels outside and inside vehicle 200.”) (Murphy Paragraph 0018: “Environmental data may be captured using mobile and/or stationary sensor platforms and may include measurements of pollutants, contaminants, and/or other conditions.”) (Murphy 0090: “Based on the hot spots (e.g. size, shape, location, number) and other features of the region, a combination of mobile sensor systems and stationary sensor systems may be deployed. Hot spots are indicated in map 1200 by circles”)
Regarding claim 10, Murphy discloses The method according to claim 1, wherein the computer processor is a cloud server. (Murphy Paragraph 0037: “Server 150 includes sensor data database 152, processor(s) 154, memory 156 and position data database 158. In some embodiments, server 150 may be considered to provide cloud services.”)
Regarding claim 11, Murphy discloses A system for adaptive cabin air quality control, the system comprising: (Murphy Paragraph 0020: “A method and system for obtaining and/or utilizing environmental data are described. Environmental data includes external environmental data and/or in-cabin environmental data”) a computer processor configured to: collect data from one or more air quality sensors; (Murphy Paragraph 0020: “In-cabin environmental data includes processed or unprocessed sensor data that measures such pollutants, contaminants and/or other components of the environment within a vehicle cabin. For example, in-cabin environmental data may include measurements of NO.sub.2, CO, NO, O.sub.3, SO.sub.2, CO.sub.2, CH.sub.4, VOCs, PM, radiation, noise, temperature, other pathogens and/or other conditions that are in a sample taken from inside of the vehicle cabin.”) (Murphy Paragraph 0021: “In-cabin sensors may be incorporated into the vehicles, for example in ventilation systems, or may be mounted on the vehicles.”) calculate a pollution level for one or more grid locations; (Murphy Paragraph 0052: “The environmental data (e.g. in-cabin and external environmental data) is processed and analyzed, at 406. In some embodiments, machine learning, computational intelligence and/or other data processing tools may be used.”) (Murphy Paragraph 0052: “For example, the levels of particular contaminates in the environmental data may be displayed, the environmental quality may be displayed and/or the levels or quality of regions may be mapped.”) receive a location for a vehicle within the one or more grid locations, (Murphy Paragraph 0029: “Data recipient 104 corresponds to a vehicle which may receive data from server 150, mobile sensor platforms 102 and/or stationary sensor platform 102.”) (Murphy Paragraph 0035: “Sensor platform 102A also includes a position unit 145 that provides position data. In some embodiments, position unit 145 is a global positioning satellite (GPS) unit.”) (Murphy Paragraph 0035: “In addition, processing unit 140 may perform processing on data received by mobile sensor platform 102A.”) (Murphy Paragraph 0048: “location data such as GPS data from vehicles currently or previously traveling roadway 302”) the vehicle including an air cabin air recirculation system with a controllable air flap; (Murphy Paragraph 0043: “Ventilation system 250 also includes control mechanism(s). For example, ventilation system 250 may include electronics or other mechanisms to open and close air vents, engage air recirculation systems, and/or open and close windows.”) calculate a real-time flap position for the controllable air flap based on the pollution for the one or more grid locations and the location for the vehicle within the one or more grid locations; (Murphy Paragraph 0088: “FIG. 10 depicts a system for providing ventilation notifications in real time or near real time. System 1000 is mounted on dash 1002 and includes a display 1005. In the embodiment shown, display 1005 also includes a map and a pointer (arrowhead-shaped quadrilateral) that indicates the location and direction of the vehicle. Information is provided on display 1005. In addition, ventilation notification 1010 is provided. Ventilation notification 1010 indicates the mitigation that is recommended or being taken. For example, ventilation notification 1010 may be displayed if the vehicle windows are automatically opened or ventilation of the vehicle cabin is recommended based upon the in-cabin environmental data.”) […] calculate an updated real-time flap position for the vehicle based on an in- cabin CO2 calculation from the vehicle, the in-cabin CO2 calculation including a threshold in-cabin CO2 concentration, the threshold in-cabin CO2 configured to determine if the controllable air flap is in an open position or a closed position; (Murphy Paragraph 0043: “Ventilation system 250 includes any manifolds or physical mechanisms used to control the environment of the cabin of vehicle 200. For example, ventilation system 250 may include air vents, filters, air recirculation systems,”) (Murphy Paragraph 0044: “For example, a green LED may indicate that CO.sub.2 levels are acceptable, while a red LED may indicate that CO.sub.2 levels are higher than a particular threshold and the cabin should be ventilated.”) (Murphy Paragraph 0053: “Thus, mitigation actions (e.g., turning on air recirculation and filtration) may also be provided in near real time.”) (Murphy Paragraph 0088: “FIG. 10 depicts a system for providing ventilation notifications in real time or near real time. System 1000 is mounted on dash 1002 and includes a display 1005. In the embodiment shown, display 1005 also includes a map and a pointer (arrowhead-shaped quadrilateral) that indicates the location and direction of the vehicle. Information is provided on display 1005. In addition, ventilation notification 1010 is provided. Ventilation notification 1010 indicates the mitigation that is recommended or being taken. For example, ventilation notification 1010 may be displayed if the vehicle windows are automatically opened or ventilation of the vehicle cabin is recommended based upon the in-cabin environmental data.”) (Note: The real time flap position of the recirculation system is determined if the CO2 levels are above a threshold and it is closes if it is below that threshold)
Murphy does not disclose […] receive a number of passengers in a vehicle cabin of the vehicle, a cabin volume of the vehicle cabin of the vehicle, and a percentage of the controllable air flap opening; […] and send the updated real-time flap position to the vehicle, the updated real- time flap position in the open position including a recirculation flap door angle, the recirculation flap door angle being a function of the number of passengers in the vehicle cabin of the vehicle, the cabin volume of the vehicle cabin of the vehicle, and the percentage of the controllable air flap opening.
However, Kirschenmann does teach […] receive a number of passengers in a vehicle cabin of the vehicle, a cabin volume of the vehicle cabin of the vehicle, (Kirschenmann Paragraph 0017: “A further aspect relates to a control device for regulating a room climate in an interior of a motor vehicle, the control device being prepared for carrying out the method, which can be designed and developed as described above.”) (Kirschenmann Paragraph 0020: “The CO .sub.2 concentration and O .sub.2 concentration of the air in the interior 10 can change, in particular due to the breathing air 17 of occupants in the interior 10 change. Since the volume men of the interior 10 is known and the extent of the conversion of O .sub.2 into CO .sub.2 by the breathing air 17 of the occupants essentially depends on the number of occupants, the change in the CO .sub.2 concentration in the interior 10 can also without a CO .sub.2 sensor be determined with sufficient accuracy by estimation.”) (Kirschenmann Paragraph 0021: “As in 2 is shown, after a start 18, a CO .sub.2 concentration in the interior 10 can be determined in a first step 20, the determined CO .sub.2 concentration being compared in a second step 22 with a long-term threshold value for the CO .sub.2 concentration. In addition, in a third step 24, in particular at the same time, a recirculation requirement for recirculating the air from the interior 10 is determined. Here, for example, a set swivel angle of a recirculation flap can be determined, from which the requirement to supply recirculated air 16 to the interior 10 can be determined. If recirculated air is not provided, ie the proportion of recirculated air is zero and the recirculated air flap is pivoted into the associated end position, there is no recirculated air requirement.”) and a percentage of the controllable air flap opening; (Kirschenmann Paragraph 0014: “The CO .sub.2 concentration is preferably determined as a function of the number of people in the interior and/or the temperature in the interior and/or an opening state of windows that can be opened to the surroundings and/or a driving speed of the motor vehicle and/or a mass flow of fresh air supplied.”) (Note: The percentage of the controllable air flap opening is based on the mass flow of fresh air supplied) […] and send the updated real-time flap position to the vehicle, the updated real- time flap position in the open position including a recirculation flap door angle, the recirculation flap door angle being a function of the number of passengers in the vehicle cabin of the vehicle, the cabin volume of the vehicle cabin of the vehicle, (Kirschenmann Paragraph 0017: “A further aspect relates to a control device for regulating a room climate in an interior of a motor vehicle, the control device being prepared for carrying out the method, which can be designed and developed as described above.”) (Kirschenmann Paragraph 0020: “The CO .sub.2 concentration and O .sub.2 concentration of the air in the interior 10 can change, in particular due to the breathing air 17 of occupants in the interior 10 change. Since the volume men of the interior 10 is known and the extent of the conversion of O .sub.2 into CO .sub.2 by the breathing air 17 of the occupants essentially depends on the number of occupants, the change in the CO .sub.2 concentration in the interior 10 can also without a CO .sub.2 sensor be determined with sufficient accuracy by estimation.”) (Kirschenmann Paragraph 0021: “As in 2 is shown, after a start 18, a CO .sub.2 concentration in the interior 10 can be determined in a first step 20, the determined CO .sub.2 concentration being compared in a second step 22 with a long-term threshold value for the CO .sub.2 concentration. In addition, in a third step 24, in particular at the same time, a recirculation requirement for recirculating the air from the interior 10 is determined. Here, for example, a set swivel angle of a recirculation flap can be determined, from which the requirement to supply recirculated air 16 to the interior 10 can be determined. If recirculated air is not provided, ie the proportion of recirculated air is zero and the recirculated air flap is pivoted into the associated end position, there is no recirculated air requirement.”) and the percentage of the controllable air flap opening. (Kirschenmann Paragraph 0014: “The CO .sub.2 concentration is preferably determined as a function of the number of people in the interior and/or the temperature in the interior and/or an opening state of windows that can be opened to the surroundings and/or a driving speed of the motor vehicle and/or a mass flow of fresh air supplied.”) (Note: The percentage of the controllable air flap opening is based on the mass flow of fresh air supplied)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Murphy to include […] receive a number of passengers in a vehicle cabin of the vehicle, a cabin volume of the vehicle cabin of the vehicle, and a percentage of the controllable air flap opening; […] and send the updated real-time flap position to the vehicle, the updated real- time flap position in the open position including a recirculation flap door angle, the recirculation flap door angle being a function of the number of passengers in the vehicle cabin of the vehicle, the cabin volume of the vehicle cabin of the vehicle, and the percentage of the controllable air flap opening taught by Kirschenmann. This would have been for the benefit to indicate measures that enable a good room climate in an interior of a motor vehicle. [Kirschenmann Paragraph 0004]
Regarding claim 12, Murphy discloses The system according to claim 11, wherein the computer processor is further configured to: receive the data from the one or more air quality sensors from on-board air quality sensors from one or more vehicles. (Murphy Paragraph 0016: “As used herein, the term ‘processor’ refers to one or more devices, circuits, and/or processing cores configured to process data”) (Murphy Paragraph 0059: “In some embodiments, vehicle 200 processes the environmental data from sensor platform 202 and in-cabin sensor(s) 260 to determine measured CO.sub.2 levels outside and inside vehicle 200.”)
Regarding claim 13, Murphy discloses The system according to claim 11, wherein the computer processor is further configured to: receive the data from the one or more air quality sensors from one or more stationary air quality sensors positioned in the one or more grid locations. (Murphy Paragraph 0018: “Environmental data may be captured using mobile and/or stationary sensor platforms and may include measurements of pollutants, contaminants, and/or other conditions.”) (Murphy 0090: “Based on the hot spots (e.g. size, shape, location, number) and other features of the region, a combination of mobile sensor systems and stationary sensor systems may be deployed. Hot spots are indicated in map 1200 by circles”)
Regarding claim 14, Murphy discloses The system according to claim 11, wherein the computer processor is further configured to: receive the data from the one or more air quality sensors from on-board air quality sensors from one or more vehicles and from one or more stationary air quality sensors positioned in the one or more grid locations. (Murphy Paragraph 0016: “As used herein, the term ‘processor’ refers to one or more devices, circuits, and/or processing cores configured to process data”) (Murphy Paragraph 0059: “In some embodiments, vehicle 200 processes the environmental data from sensor platform 202 and in-cabin sensor(s) 260 to determine measured CO.sub.2 levels outside and inside vehicle 200.”) (Murphy Paragraph 0018: “Environmental data may be captured using mobile and/or stationary sensor platforms and may include measurements of pollutants, contaminants, and/or other conditions.”) (Murphy 0090: “Based on the hot spots (e.g. size, shape, location, number) and other features of the region, a combination of mobile sensor systems and stationary sensor systems may be deployed. Hot spots are indicated in map 1200 by circles”)
Regarding claim 20, Murphy discloses The system according to claim 11, wherein the computer processor is a cloud server. (Murphy Paragraph 0037: “Server 150 includes sensor data database 152, processor(s) 154, memory 156 and position data database 158. In some embodiments, server 150 may be considered to provide cloud services.”)
Regarding claim 21, Murphy in view of Kirschenmann teaches claim 1, accordingly, the rejection of claim 1 is incorporated above.
Murphy does not disclose The method according to claim 1, further comprising: receiving, by the computer processor, a speed of the vehicle; and wherein the recirculation flap door angle is further the function of the speed of the vehicle.
However, Kirschenmann does teach The method according to claim 1, further comprising: receiving, by the computer processor, a speed of the vehicle; and wherein the recirculation flap door angle is further the function of the speed of the vehicle. (Kirschenmann Paragraph 0012: “The recirculated air requirement particularly preferably includes setting a pivot angle of a recirculated air flap, the pivot angle set being dependent on a user setting and/or a determined fine dust concentration in the fresh air and/or an outside temperature of the fresh air, in particular to prevent a transparent window from fogging up and/or regulation of an interior temperature of the interior and/or a current driving speed of the motor vehicle.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Murphy to include The method according to claim 1, further comprising: receiving, by the computer processor, a speed of the vehicle; and wherein the recirculation flap door angle is further the function of the speed of the vehicle taught by Kirschenmann. This would have been for the benefit to indicate measures that enable a good room climate in an interior of a motor vehicle. [Kirschenmann Paragraph 0004]
Regarding claim 23, Murphy in view of Kirschenmann teaches claim 11, accordingly, the rejection of claim 11 is incorporated above.
Murphy does not disclose The system according to claim 11, wherein the computer processor is further configured to: receive a speed of the vehicle, and the recirculation flap door angle is further the function of the speed of the vehicle.
However, Kirschenmann does teach The system according to claim 11, wherein the computer processor is further configured to: receive a speed of the vehicle, and the recirculation flap door angle is further the function of the speed of the vehicle. (Kirschenmann Paragraph 0012: “The recirculated air requirement particularly preferably includes setting a pivot angle of a recirculated air flap, the pivot angle set being dependent on a user setting and/or a determined fine dust concentration in the fresh air and/or an outside temperature of the fresh air, in particular to prevent a transparent window from fogging up and/or regulation of an interior temperature of the interior and/or a current driving speed of the motor vehicle.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Murphy to include The system according to claim 11, wherein the computer processor is further configured to: receive a speed of the vehicle, and the recirculation flap door angle is further the function of the speed of the vehicle taught by Kirschenmann. This would have been for the benefit to indicate measures that enable a good room climate in an interior of a motor vehicle. [Kirschenmann Paragraph 0004]
6. Claim(s) 22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy (US20200238786 A1) in view of Kirschenmann (DE 102021113659 A1) and further in view of Straub (EP 0802076 A2).
Regarding claim 22, Murphy in view of Kirschenmann teaches claim 1, accordingly, the rejection of claim 1 is incorporated above.
Murphy in view of Kirschenmann does not teach The method according to claim 1, further comprising: receiving, by the computer processor, a fan speed of the air conditioning fan; and wherein the recirculation flap door angle is further the function of the fan speed of the air conditioning fan.
However, Straub does teach The method according to claim 1, further comprising: receiving, by the computer processor, a fan speed of the air conditioning fan; and wherein the recirculation flap door angle is further the function of the fan speed of the air conditioning fan. (Straub Column 2, Line number 21-47: “As is known, the air blow-out speed at which the air exits from the corresponding nozzles of a heating and / or air conditioning system of a motor vehicle into its interior mainly depends on the fan speed or the fan power, the constant intake cross-sectional area of the fan tract and the changing total discharge cross-section of the entire Heating or air conditioning. When the interior temperature has reached the setpoint and all other parameters influencing the fan are almost constant, the fan runs at a certain power at a base load level. Due to the fully automatic adjustment of the flap positions depending on the temperature of the blown air, the overall outflow cross-section of the heating or air conditioning system and thus the air speed at the outflow nozzles usually change due to the design. This change in air speed is perceived as a nuisance by the passenger, since the air flow usually hits him directly in the head, neck or chest area. Such an air speed change due to a higher regulated ventilation temperature and thus a flap position change can be caused, for example, by entering a tunnel or a thunderstorm area.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Murphy in view of Kirschenmann to include The method according to claim 1, further comprising: receiving, by the computer processor, a fan speed of the air conditioning fan; and wherein the recirculation flap door angle is further the function of the fan speed of the air conditioning fan taught by Straub. This would have been for the benefit by providing a method with the features of claim 1. In this method, each actuator serving to regulate the outflow cross section is automatically controlled into a position which is selected as a function of the temperature of the blown-out temperature control fluid, for which purpose a corresponding characteristic curve is expediently used is specified. [Straub Column 3, Line number 10-16]
Regarding claim 24, Murphy in view of Kirschenmann teaches claim 11, accordingly, the rejection of claim 11 is incorporated above.
Murphy in view of Kirschenmann does not teach The system according to claim 11, wherein the computer processor is further configured to: receive a fan speed of the air conditioning fan, and the recirculation flap door angle is further the function of the fan speed of the air conditioning fan.
However, Straub does teach The system according to claim 11, wherein the computer processor is further configured to: receive a fan speed of the air conditioning fan, and the recirculation flap door angle is further the function of the fan speed of the air conditioning fan. (Straub Column 2, Line number 21-47: “As is known, the air blow-out speed at which the air exits from the corresponding nozzles of a heating and / or air conditioning system of a motor vehicle into its interior mainly depends on the fan speed or the fan power, the constant intake cross-sectional area of the fan tract and the changing total discharge cross-section of the entire Heating or air conditioning. When the interior temperature has reached the setpoint and all other parameters influencing the fan are almost constant, the fan runs at a certain power at a base load level. Due to the fully automatic adjustment of the flap positions depending on the temperature of the blown air, the overall outflow cross-section of the heating or air conditioning system and thus the air speed at the outflow nozzles usually change due to the design. This change in air speed is perceived as a nuisance by the passenger, since the air flow usually hits him directly in the head, neck or chest area. Such an air speed change due to a higher regulated ventilation temperature and thus a flap position change can be caused, for example, by entering a tunnel or a thunderstorm area.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Murphy in view of Kirschenmann to include The system according to claim 11, wherein the computer processor is further configured to: receive a fan speed of the air conditioning fan, and the recirculation flap door angle is further the function of the fan speed of the air conditioning fan taught by Straub. This would have been for the benefit by providing a method with the features of claim 1. In this method, each actuator serving to regulate the outflow cross section is automatically controlled into a position which is selected as a function of the temperature of the blown-out temperature control fluid, for which purpose a corresponding characteristic curve is expediently used is specified. [Straub Column 3, Line number 10-16]
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.
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/K.J.H./Junior Patent Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664