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,
and the amendments and arguments filed on 07/22/2026.
Claims 1-2, 4, 11-12, 14, 21, and 23 have been amended.
No claims 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.
A request for continued examination under 37 CFR 1.114, including the fee set forth in
37 CFR 1.17(e), was filed in this application after final rejection. Since this application is
eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e)
has been timely paid, the finality of the previous Office action has been withdrawn pursuant to
37 CFR 1.114. Applicant's submission filed on 07/22/2026 has been entered.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 01/19/2024 have been received and considered.
Response to Amendment
4. Applicant' s amendments to the Claims have overcome each and every 103 rejection
previously set forth in the Final Office Action mailed 01/27/2026.
Applicant’s arguments, see page 1-4 filed 07/22/2026, with respect to the rejections(s)
of claim(s) 1-4, 10-14, and 20-24 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
However, upon further consideration, a new grounds for rejection is made under 35 USC
103 as necessitated by amendment as being unpatentable over Esatbeyoglu (DE 102018210587 A1) in view of Kirschenmann (DE 102021113659 A1) further in view of Pebley (DE 102013225433 A1) further in view of Murphy (US 20200238786 A1) and further in view of Straub (DE 19615239 C1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-3, 10-13, 20- 21, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esatbeyoglu (DE 102018210587 A1) in view of Kirschenmann (DE 102021113659 A1) and further in view of Pebley (DE 102013225433 A1).
Regarding claim 1, Esatbeyoglu discloses A method for adaptive cabin air quality control, the method comprising: collecting, on a computer processor, data from one or more air quality sensors; (Esatbeyoglu Page 1, Paragraph 2: “The present invention relates to a method for ventilating an interior of a vehicle, in particular for automatically actuating a ventilation device of the vehicle. The present invention further relates to a device and a server which are designed to carry out the method.”) (Esatbeyoglu Page 4, Paragraph 3: “The current local air quality information can be determined, for example, with sensors of the vehicle”) (Esatbeyoglu Page 6, Paragraph 4: “The sensor 14 may include one or more sensor elements that are capable of detecting concentrations of substances in the air in the environment outside the vehicle 10”) calculating, by the computer processor, a pollution level for one or more grid locations; (Esatbeyoglu Page 4, Paragraph 2: “In a further embodiment, the predictive air quality information is at least partially determined in a processing device of the vehicle.”) (Esatbeyoglu Page 6, Paragraph 5: “The air quality information can indicate good air quality if the concentrations of pollutants, such as soot particles, carbon monoxide, carbon dioxide and nitrogen oxide or, moreover, of hydrocarbon or pollen, are low, preferably below legal limit values. The air quality information can indicate poor air quality if the concentration of one or more of these pollutants is increased, in particular above legal limit values. A relative view of air quality information is also possible. The lower the concentration of pollutants in the air, the better the air quality. For example, the air quality information can include an air quality value that is determined by combining the concentrations with one another, for example, with suitable weighting factors.”) receiving, by the computer processor, a location for a moving vehicle within the one or more grid locations, (Esatbeyoglu Page 4, Paragraph 3: “The current local air quality information shows air quality information for a current position of the vehicle at a current time.”) (Esatbeyoglu Page 7, Paragraph 2: “In detail, the device 11 in connection with the server 20 for example the in 3 steps shown 101 - 112 To run.”) (Esatbeyoglu Page 7, Paragraph 3: “In step 101 becomes a current position of the vehicle 10 detected. Acquisition of the current position of the vehicle 10 can be done, for example, via a global positioning system, for example using a satellite-based system such as GPS or Galileo.”) (Esatbeyoglu Page 7, Paragraph 4: “2 shows the vehicle 10 at its current position P1,”)
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the moving vehicle including an air cabin air recirculation system with a controllable air flap; (Esatbeyoglu Page 2, paragraph 7: If, for example, outside air of poor quality is predicted for the future position, the interior of the vehicle can be filled with air of better quality before reaching the future position by means of the ventilation device and the ventilation device can be set to recirculating air, for example, in the area of the position with poor air quality, so that there is little or no air exchange with the bad outside air in this area.”) (Esatbeyoglu Page 6, Paragraph 4: “The ventilation device 13 can furthermore comprise a fan, in particular an electrically driven fan, as well as flaps for opening and closing the plurality of channels. The processing device 12 is designed to control the fan and the flaps via suitable control signals and thus an air supply to the interior of the vehicle 10 adjust.”) 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 moving vehicle within the one or more grid locations; (Esatbeyoglu Page 6, Paragraph 4: “The ventilation device 13 For example, can include several air channels through which air from outside the vehicle 10 in the interior of the vehicle 10 can be directed. The ventilation device 13 can furthermore comprise a fan, in particular an electrically driven fan, as well as flaps for opening and closing the plurality of channels. The processing device 12 is designed to control the fan and the flaps via suitable control signals and thus an air supply to the interior of the vehicle 10 adjust. In particular, the processing device 12 in this way an air exchange rate for the interior of the vehicle 10 to adjust.”) (Esatbeyoglu Page 8, Paragraph 3: “Assuming that, for example, at the position P1 there is a relatively good air quality and for the position P3 the device may be predicted to have relatively poor air quality 11 the ventilation device 13 control such that at time t1 the interior of the vehicle 10 with fresh air from outside the vehicle 10 is supplied. For this purpose, for example, flaps of the ventilation device 13 be opened, a fan of the ventilation device 13 be switched on and possibly even windows or a roof opening of the vehicle 10 be opened. Since it is expected that at the position P3 as well as in the vicinity around the position P3 around, for example in the range of position P2 to the position P4 , the air quality is worse than along the route from the position P1 to the position P2 , the device 11 for example when the position is reached P2 the ventilation device 13 control such that a supply of air outside the vehicle 10 in the interior of the vehicle 10 is essentially prevented. This can be achieved, for example, by the blower of the ventilation device 13 is turned off and the flaps of the ventilation device 13 getting closed. Windows or a roof opening of the vehicle can also be used 10 be closed automatically or after consultation with the vehicle occupants.”) […] calculating, by the computer processor, an updated real-time flap position for the moving vehicle based on an in-cabin CO2 calculation from the moving 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, (Esatbeyoglu Page 6, Paragraph 2: “2 schematically shows a vehicle according to an embodiment of the present invention, which moves along a route.”) (Esatbeyoglu Page 6, Paragraph 4: “The ventilation device 13 For example, can include several air channels through which air from outside the vehicle 10 in the interior of the vehicle 10 can be directed. The ventilation device 13 can furthermore comprise a fan, in particular an electrically driven fan, as well as flaps for opening and closing the plurality of channels. The processing device 12 is designed to control the fan and the flaps via suitable control signals and thus an air supply to the interior of the vehicle 10 adjust. In particular, the processing device 12 in this way an air exchange rate for the interior of the vehicle 10 to adjust.”) (Esatbeyoglu Page 6, Paragraph 5: “In the context of the present invention, the term air quality information is used and denotes a quality of air in the sense of breathing air for a person. The air quality information can indicate good air quality if the concentrations of pollutants, such as soot particles, carbon monoxide, carbon dioxide and nitrogen oxide or, moreover, of hydrocarbon or pollen, are low, preferably below legal limit values. The air quality information can indicate poor air quality if the concentration of one or more of these pollutants is increased, in particular above legal limit values.”) (Esatbeyoglu Page 8, Paragraph 3: “Assuming that, for example, at the position P1 there is a relatively good air quality and for the position P3 the device may be predicted to have relatively poor air quality 11 the ventilation device 13 control such that at time t1 the interior of the vehicle 10 with fresh air from outside the vehicle 10 is supplied. For this purpose, for example, flaps of the ventilation device 13 be opened, a fan of the ventilation device 13 be switched on and possibly even windows or a roof opening of the vehicle 10 be opened. Since it is expected that at the position P3 as well as in the vicinity around the position P3 around, for example in the range of position P2 to the position P4 , the air quality is worse than along the route from the position P1 to the position P2 , the device 11 for example when the position is reached P2 the ventilation device 13 control such that a supply of air outside the vehicle 10 in the interior of the vehicle 10 is essentially prevented. This can be achieved, for example, by the blower of the ventilation device 13 is turned off and the flaps of the ventilation device 13 getting closed. Windows or a roof opening of the vehicle can also be used 10 be closed automatically or after consultation with the vehicle occupants.”) (Note: The real time flap position of the recirculation system is determined if the CO2 levels are above a threshold the flap closes and if it is below that threshold the flap opens)
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a predictive path algorithm that calculates a most likely next vehicle location for the moving vehicle within the one or more grid locations, and the pollution level for the most likely next vehicle location for the moving vehicle within the one or more grid locations; (Esatbeyoglu Page 3, Paragraph 1:“A route from the current position to the target position is determined, for example by the navigation system. Depending on the route, future positions of the vehicle can be determined. Furthermore, future times can be determined at which the vehicle is likely to have reached the future positions. Usual travel speeds and current traffic conditions can be taken into account. Corresponding future positions are determined for certain future times, for example in a time grid of a few minutes, for example every 5 minutes, and corresponding predictive air quality information is determined for the respective future positions. On the basis of this predictive air quality information, the ventilation device of the vehicle can be controlled such that the interior of the vehicle is adequately supplied with outside air, with as much outside air as possible of good quality and as little outside air as possible of poor quality being supplied to the interior.”) (Note: Bad or good quality air = pollution levels) […] the most likely next vehicle location for the moving vehicle within the one or more grid locations, and the pollution level for the most likely next vehicle location for the moving vehicle within the one or more grid locations. (Esatbeyoglu Page 2, Paragraph 7: “The present invention relates to a method for ventilating an interior of a vehicle. A future position of the Vehicle that the vehicle is likely to have reached at a future time. Predictive air quality information is also determined. The predictive air quality information indicates air quality information for the future position at the future time. In other words, the air quality information for the future position is predicted at the future time. A ventilation device of the vehicle is controlled depending on the predictive air quality information. If, for example, outside air of poor quality is predicted for the future position, the interior of the vehicle can be filled with air of better quality before reaching the future position by means of the ventilation device and the ventilation device can be set to recirculating air, for example, in the area of the position with poor air quality, so that there is little or no air exchange with the bad outside air in this area.”) (Esatbeyoglu Page 5, Paragraph 5: “The processing device is configured to determine predictive air quality information and to provide it to the vehicle for actuating a ventilation device of the vehicle. The predictive air quality information indicates air quality information for a future position that the vehicle is likely to have reached at a future time, at the future time.”)
Esatbeyoglu does not disclose […] receiving, by the computer processor, a number of passengers in a vehicle cabin of the moving vehicle, a cabin volume of the vehicle cabin of the moving vehicle, and a percentage of the controllable air flap opening; […] and sending, by the computer processor, the updated real-time flap position to the moving 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 moving vehicle, 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 moving vehicle, a cabin volume of the vehicle cabin of the moving 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 sending, by the computer processor, the updated real-time flap position to the moving 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 moving vehicle, the cabin volume of the vehicle cabin of the moving vehicle, (Kirschenmann Paragraph 0012: “a current driving speed of the motor 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.”) (Note: The CO.sub.2 concentration is based on the volume of the interior and number of occupants in the interior. In Paragraph 0021 a set swivel angle of a recirculation flap is determined to supply recirculated air to the interior based on the CO.sub.2 concentration.)
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 Esatbeyoglu to include […] receiving, by the computer processor, a number of passengers in a vehicle cabin of the moving vehicle, a cabin volume of the vehicle cabin of the moving vehicle, […] and sending, by the computer processor, the updated real-time flap position to the moving 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 moving vehicle, 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]
Kirschenmann does not teach […] and the percentage of the controllable air flap opening; […] the percentage of the controllable air flap opening,
However, Pebley does teach […] and the percentage of the controllable air flap opening; […] the percentage of the controllable air flap opening, (Pebley “As used herein, a partial recirculation setting may be a percent opening of the flap 15 expressed”)
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 Esatbeyoglu in view of Kirschenmann to include […] and the percentage of the controllable air flap opening; […] the percentage of the controllable air flap opening, taught by Pebley. This would have been for the benefit to provide a more efficient invention that relates to controlling the recirculating air flow to improve the efficiency for an internal combustion (IV) vehicle having start / stop capability by extending the turn-off time of the IV engine. [Pebley Page 2, Paragraph 2]
Regarding claim 2, Esatbeyoglu 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 moving vehicles. (Esatbeyoglu Page 4, Paragraph 3: “The current local air quality information can be determined, for example, with sensors of the vehicle”) (Esatbeyoglu Page 6, Paragraph 2: “2 schematically shows a vehicle according to an embodiment of the present invention, which moves along a route.”)
Regarding claim 3, Esatbeyoglu 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. (Esatbeyoglu Page 4, Paragraph 3: “The current local air quality information can be determined, for example, with sensors of the vehicle or can be called up from measuring stations which are in the area of the current position of the vehicle, for example via a mobile radio communication connection.”)
Regarding claim 10, Esatbeyoglu discloses The method according to claim 1, wherein the computer processor is a cloud server. (Esatbeyoglu Page 5, Paragraph 3: “Alternatively, the predictive air quality information can be determined in the server. For this purpose, the processing device can, for example, transmit the future position and the associated future point in time to the server via the data communication connection and receive corresponding information from the server.”) (Esatbeyoglu Page 4, Paragraph 1: “The server can include, for example, one or more servers on the Internet,”)
Regarding claim 11, Esatbeyoglu discloses A system for adaptive cabin air quality control, the system comprising: a computer processor configured to: collect data from one or more air quality sensors; (Esatbeyoglu Page 1, Paragraph 2: “The present invention further relates to a device and a server which are designed to carry out the method.”) (Esatbeyoglu Page 4, Paragraph 3: “The current local air quality information can be determined, for example, with sensors of the vehicle”) (Esatbeyoglu Page 6, Paragraph 4: “The sensor 14 may include one or more sensor elements that are capable of detecting concentrations of substances in the air in the environment outside the vehicle 10”) calculate a pollution level for one or more grid locations; (Esatbeyoglu Page 4, Paragraph 2: “In a further embodiment, the predictive air quality information is at least partially determined in a processing device of the vehicle.”) (Esatbeyoglu Page 6, Paragraph 5: “The air quality information can indicate good air quality if the concentrations of pollutants, such as soot particles, carbon monoxide, carbon dioxide and nitrogen oxide or, moreover, of hydrocarbon or pollen, are low, preferably below legal limit values. The air quality information can indicate poor air quality if the concentration of one or more of these pollutants is increased, in particular above legal limit values. A relative view of air quality information is also possible. The lower the concentration of pollutants in the air, the better the air quality. For example, the air quality information can include an air quality value that is determined by combining the concentrations with one another, for example, with suitable weighting factors.”) receive a location for a moving vehicle within the one or more grid locations, (Esatbeyoglu Page 4, Paragraph 3: “The current local air quality information shows air quality information for a current position of the vehicle at a current time.”) (Esatbeyoglu Page 7, Paragraph 2: “In detail, the device 11 in connection with the server 20 for example the in 3 steps shown 101 - 112 To run.”) (Esatbeyoglu Page 7, Paragraph 3: “In step 101 becomes a current position of the vehicle 10 detected. Acquisition of the current position of the vehicle 10 can be done, for example, via a global positioning system, for example using a satellite-based system such as GPS or Galileo.”) (Esatbeyoglu Page 7, Paragraph 4: “2 shows the vehicle 10 at its current position P1,”)
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the moving vehicle including an air cabin air recirculation system with a controllable air flap; (Esatbeyoglu Page 2, paragraph 7: If, for example, outside air of poor quality is predicted for the future position, the interior of the vehicle can be filled with air of better quality before reaching the future position by means of the ventilation device and the ventilation device can be set to recirculating air, for example, in the area of the position with poor air quality, so that there is little or no air exchange with the bad outside air in this area.”) (Esatbeyoglu Page 6, Paragraph 4: “The ventilation device 13 can furthermore comprise a fan, in particular an electrically driven fan, as well as flaps for opening and closing the plurality of channels. The processing device 12 is designed to control the fan and the flaps via suitable control signals and thus an air supply to the interior of the vehicle 10 adjust.”) 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 moving vehicle within the one or more grid locations; (Esatbeyoglu Page 6, Paragraph 4: “The ventilation device 13 For example, can include several air channels through which air from outside the vehicle 10 in the interior of the vehicle 10 can be directed. The ventilation device 13 can furthermore comprise a fan, in particular an electrically driven fan, as well as flaps for opening and closing the plurality of channels. The processing device 12 is designed to control the fan and the flaps via suitable control signals and thus an air supply to the interior of the vehicle 10 adjust. In particular, the processing device 12 in this way an air exchange rate for the interior of the vehicle 10 to adjust.”) (Esatbeyoglu Page 8, Paragraph 3: “Assuming that, for example, at the position P1 there is a relatively good air quality and for the position P3 the device may be predicted to have relatively poor air quality 11 the ventilation device 13 control such that at time t1 the interior of the vehicle 10 with fresh air from outside the vehicle 10 is supplied. For this purpose, for example, flaps of the ventilation device 13 be opened, a fan of the ventilation device 13 be switched on and possibly even windows or a roof opening of the vehicle 10 be opened. Since it is expected that at the position P3 as well as in the vicinity around the position P3 around, for example in the range of position P2 to the position P4 , the air quality is worse than along the route from the position P1 to the position P2 , the device 11 for example when the position is reached P2 the ventilation device 13 control such that a supply of air outside the vehicle 10 in the interior of the vehicle 10 is essentially prevented. This can be achieved, for example, by the blower of the ventilation device 13 is turned off and the flaps of the ventilation device 13 getting closed. Windows or a roof opening of the vehicle can also be used 10 be closed automatically or after consultation with the vehicle occupants.”) […] calculate an updated real-time flap position for the moving vehicle based on an in-cabin CO2 calculation from the moving 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, (Esatbeyoglu Page 6, Paragraph 2: “2 schematically shows a vehicle according to an embodiment of the present invention, which moves along a route.”) (Esatbeyoglu Page 6, Paragraph 4: “The ventilation device 13 For example, can include several air channels through which air from outside the vehicle 10 in the interior of the vehicle 10 can be directed. The ventilation device 13 can furthermore comprise a fan, in particular an electrically driven fan, as well as flaps for opening and closing the plurality of channels. The processing device 12 is designed to control the fan and the flaps via suitable control signals and thus an air supply to the interior of the vehicle 10 adjust. In particular, the processing device 12 in this way an air exchange rate for the interior of the vehicle 10 to adjust.”) (Esatbeyoglu Page 6, Paragraph 5: “In the context of the present invention, the term air quality information is used and denotes a quality of air in the sense of breathing air for a person. The air quality information can indicate good air quality if the concentrations of pollutants, such as soot particles, carbon monoxide, carbon dioxide and nitrogen oxide or, moreover, of hydrocarbon or pollen, are low, preferably below legal limit values. The air quality information can indicate poor air quality if the concentration of one or more of these pollutants is increased, in particular above legal limit values.”) (Esatbeyoglu Page 8, Paragraph 3: “Assuming that, for example, at the position P1 there is a relatively good air quality and for the position P3 the device may be predicted to have relatively poor air quality 11 the ventilation device 13 control such that at time t1 the interior of the vehicle 10 with fresh air from outside the vehicle 10 is supplied. For this purpose, for example, flaps of the ventilation device 13 be opened, a fan of the ventilation device 13 be switched on and possibly even windows or a roof opening of the vehicle 10 be opened. Since it is expected that at the position P3 as well as in the vicinity around the position P3 around, for example in the range of position P2 to the position P4 , the air quality is worse than along the route from the position P1 to the position P2 , the device 11 for example when the position is reached P2 the ventilation device 13 control such that a supply of air outside the vehicle 10 in the interior of the vehicle 10 is essentially prevented. This can be achieved, for example, by the blower of the ventilation device 13 is turned off and the flaps of the ventilation device 13 getting closed. Windows or a roof opening of the vehicle can also be used 10 be closed automatically or after consultation with the vehicle occupants.”) (Note: The real time flap position of the recirculation system is determined if the CO2 levels are above a threshold the flap closes and if it is below that threshold the flap opens)
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a predictive path algorithm that calculates a most likely next vehicle location for the moving vehicle within the one or more grid locations, and the pollution level for the most likely next vehicle location for the moving vehicle within the one or more grid locations; (Esatbeyoglu Page 3, Paragraph 1:“A route from the current position to the target position is determined, for example by the navigation system. Depending on the route, future positions of the vehicle can be determined. Furthermore, future times can be determined at which the vehicle is likely to have reached the future positions. Usual travel speeds and current traffic conditions can be taken into account. Corresponding future positions are determined for certain future times, for example in a time grid of a few minutes, for example every 5 minutes, and corresponding predictive air quality information is determined for the respective future positions. On the basis of this predictive air quality information, the ventilation device of the vehicle can be controlled such that the interior of the vehicle is adequately supplied with outside air, with as much outside air as possible of good quality and as little outside air as possible of poor quality being supplied to the interior.”) (Note: Bad or good quality air = pollution levels) […] the most likely next vehicle location for the moving vehicle within the one or more grid locations, and the pollution level for the most likely next vehicle location for the moving vehicle within the one or more grid locations. (Esatbeyoglu Page 2, Paragraph 7: “The present invention relates to a method for ventilating an interior of a vehicle. A future position of the Vehicle that the vehicle is likely to have reached at a future time. Predictive air quality information is also determined. The predictive air quality information indicates air quality information for the future position at the future time. In other words, the air quality information for the future position is predicted at the future time. A ventilation device of the vehicle is controlled depending on the predictive air quality information. If, for example, outside air of poor quality is predicted for the future position, the interior of the vehicle can be filled with air of better quality before reaching the future position by means of the ventilation device and the ventilation device can be set to recirculating air, for example, in the area of the position with poor air quality, so that there is little or no air exchange with the bad outside air in this area.”) (Esatbeyoglu Page 5, Paragraph 5: “The processing device is configured to determine predictive air quality information and to provide it to the vehicle for actuating a ventilation device of the vehicle. The predictive air quality information indicates air quality information for a future position that the vehicle is likely to have reached at a future time, at the future time.”)
Esatbeyoglu does not disclose […] receive a number of passengers in a vehicle cabin of the moving vehicle, a cabin volume of the vehicle cabin of the moving vehicle, and a percentage of the controllable air flap opening; […] and send the updated real-time flap position to the moving 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 moving vehicle, the cabin volume of the vehicle cabin of the moving vehicle, the percentage of the controllable air flap opening,
However, Kirschenmann does teach […] receive a number of passengers in a vehicle cabin of the moving vehicle, a cabin volume of the vehicle cabin of the moving 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 send the updated real-time flap position to the moving 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 moving vehicle, the cabin volume of the vehicle cabin of the moving 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.”) (Note: The CO.sub.2 concentration is based on the volume of the interior and number of occupants in the interior. In Paragraph 0021 a set swivel angle of a recirculation flap is determined to supply recirculated air to the interior based on the CO.sub.2 concentration.)
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 Esatbeyoglu to include […] receive a number of passengers in a vehicle cabin of the moving vehicle, a cabin volume of the vehicle cabin of the moving vehicle, […] and send the updated real-time flap position to the moving 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 moving vehicle, the cabin volume of the vehicle cabin of the moving 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]
Kirschenmann does not teach […] and the percentage of the controllable air flap opening; […] the percentage of the controllable air flap opening,
However, Pebley does teach […] and the percentage of the controllable air flap opening; […] the percentage of the controllable air flap opening, (Pebley “As used herein, a partial recirculation setting may be a percent opening of the flap 15 expressed”)
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 Esatbeyoglu in view of Kirschenmann to include […] and the percentage of the controllable air flap opening; […] the percentage of the controllable air flap opening, taught by Pebley. This would have been for the benefit to provide a more efficient invention that relates to controlling the recirculating air flow to improve the efficiency for an internal combustion (IV) vehicle having start / stop capability by extending the turn-off time of the IV engine. [Pebley Page 2, Paragraph 2]
Regarding claim 12, Esatbeyoglu 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 moving vehicles. (Esatbeyoglu Page 4, Paragraph 3: “The current local air quality information can be determined, for example, with sensors of the vehicle”) (Esatbeyoglu Page 6, Paragraph 2: “2 schematically shows a vehicle according to an embodiment of the present invention, which moves along a route.”)
Regarding claim 13, Esatbeyoglu 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. (Esatbeyoglu Page 4, Paragraph 3: “The current local air quality information can be determined, for example, with sensors of the vehicle or can be called up from measuring stations which are in the area of the current position of the vehicle, for example via a mobile radio communication connection.”)
Regarding claim 20, Esatbeyoglu discloses The system according to claim 11, wherein the computer processor is a cloud server. (Esatbeyoglu Page 5, Paragraph 3: “Alternatively, the predictive air quality information can be determined in the server. For this purpose, the processing device can, for example, transmit the future position and the associated future point in time to the server via the data communication connection and receive corresponding information from the server.”) (Esatbeyoglu Page 4, Paragraph 1: “The server can include, for example, one or more servers on the Internet,”)
Regarding claim 21, Esatbeyoglu in view of Kirschenmann teaches claim 1, accordingly, the rejection of claim 1 is incorporated above.
Esatbeyoglu does not disclose The method according to claim 1, further comprising: receiving, by the computer processor, a speed of the moving vehicle; and wherein the recirculation flap door angle is further the function of the speed of the moving vehicle.
However, Kirschenmann does teach The method according to claim 1, further comprising: receiving, by the computer processor, a speed of the moving vehicle; and wherein the recirculation flap door angle is further the function of the speed of the moving 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 Esatbeyoglu to include The method according to claim 1, further comprising: receiving, by the computer processor, a speed of the moving vehicle; and wherein the recirculation flap door angle is further the function of the speed of the moving 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, Esatbeyoglu in view of Kirschenmann teaches claim 11, accordingly, the rejection of claim 11 is incorporated above.
Esatbeyoglu does not disclose he system according to claim 11, wherein the computer processor is further configured to: receive a speed of the moving vehicle, and the recirculation flap door angle is further the function of the speed of the moving vehicle.
However, Kirschenmann does teach he system according to claim 11, wherein the computer processor is further configured to: receive a speed of the moving vehicle, and the recirculation flap door angle is further the function of the speed of the moving 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 Esatbeyoglu to include The system according to claim 11, wherein the computer processor is further configured to: receive a speed of the moving vehicle, and the recirculation flap door angle is further the function of the speed of the moving 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) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esatbeyoglu (DE 102018210587 A1) in view of Kirschenmann (DE 102021113659 A1) and further in view of (US 20200238786 A1) to Murphy et al. (herineafter Murphy).
Regarding claim 4, Esatbeyoglu in view of Kirschenmann and further in view of Pebley teaches claim 1, accordingly, the rejection of claim 1 is incorporated above.
Esatbeyoglu in view of Kirschenmann further in view of Pebley does not teach 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 moving vehicles and from one or more stationary air quality sensors positioned in the one or more grid locations.
However, Murphy does teach 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 moving 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 Paragraph 0062: “If moving, the mitigation action provided at 506 may be an in-cabin alarm to notify occupants of vehicle 200.”) (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”)
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 Esatbeyoglu in view of Kirschenmann further in view of Pebley to include 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 moving vehicles and from one or more stationary air quality sensors positioned in the one or more grid locations taught by Murphy. This would have been for the benefit to providing a mitigation action for an in-cabin environment of a vehicle based on the external and in-cabin environmental data. Thus in order to solve the problem of poor air quality can also undermine road safety by affecting driver cognition making it desirable to sense these and other pollutants and provide a mechanism for individuals navigating the roadways to understand and/or mitigate the effects of such pollutants. [Murphy Paragraph 0002 and 0027]
Regarding claim 14, Esatbeyoglu in view of Kirschenmann and further in view of Pebley teaches claim 11, accordingly, the rejection of claim 11 is incorporated above.
Esatbeyoglu in view of Kirschenmann further in view of Pebley does not teach 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 moving vehicles and from one or more stationary air quality sensors positioned in the one or more grid locations.
However, Murphy does teach 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 moving 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 Paragraph 0062: “If moving, the mitigation action provided at 506 may be an in-cabin alarm to notify occupants of vehicle 200.”) (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”)
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 Esatbeyoglu in view of Kirschenmann further in view of Pebley to include 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 moving vehicles and from one or more stationary air quality sensors positioned in the one or more grid locations taught by Murphy. This would have been for the benefit to providing a mitigation action for an in-cabin environment of a vehicle based on the external and in-cabin environmental data. Thus in order to solve the problem of poor air quality can also undermine road safety by affecting driver cognition making it desirable to sense these and other pollutants and provide a mechanism for individuals navigating the roadways to understand and/or mitigate the effects of such pollutants. [Murphy Paragraph 0002 and 0027]
7. Claim(s) 22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esatbeyoglu (DE 102018210587 A1) in view of Kirschenmann (DE 102021113659 A1) further in view of Pebley (DE 102013225433 A1) and further in view of Straub (DE 19615239 C1).
Regarding claim 22, Esatbeyoglu in view of Kirschenmann and further in view of Pebley teaches claim 1, accordingly, the rejection of claim 1 is incorporated above.
Esatbeyoglu in view of Kirschenmann further in view of Pebley 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 Page 2, Paragraph 4: “In general it can be said that fully automatic air conditioning systems for Motor vehicles are known in which the blower power automatically depending on the control deviation of the interior temperature, the heating water flow temperature or cooling water temperature, heating mode or cooling mode, driving speed signal, filter or recirculation mode, solar radiation, a fixed programmed fan speed base load level and / or is adjusted by individual flap positions,”) (Straub Page 4, Paragraph 3: “can also be determined by means of a series of measurements in which the blower voltage is changed for a respective air outflow temperature value or a respective total of set flap angles until a constant value for the air outflow rate is reached speed.”)
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 Esatbeyoglu in view of Kirschenmann further in view of Pebley 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 procedure that will be used to regulate the outflow cross-section and an actuator automatically controlled in a position that depends selected from the temperature of the blown-out bath fluid is, for which purpose a corresponding characteristic curve is advantageously provided will give. [Straub Page 3, Paragraph 2]
Regarding claim 24, Esatbeyoglu in view of Kirschenmann and further in view of Pebley teaches claim 11, accordingly, the rejection of claim 11 is incorporated above.
Esatbeyoglu in view of Kirschenmann further in view of Pebley 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 Page 2, Paragraph 4: “In general it can be said that fully automatic air conditioning systems for Motor vehicles are known in which the blower power automatically depending on the control deviation of the interior temperature, the heating water flow temperature or cooling water temperature, heating mode or cooling mode, driving speed signal, filter or recirculation mode, solar radiation, a fixed programmed fan speed base load level and / or is adjusted by individual flap positions,”) (Straub Page 4, Paragraph 3: “can also be determined by means of a series of measurements in which the blower voltage is changed for a respective air outflow temperature value or a respective total of set flap angles until a constant value for the air outflow rate is reached speed.”)
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 Esatbeyoglu in view of Kirschenmann further in view of Pebley 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 procedure that will be used to regulate the outflow cross-section and an actuator automatically controlled in a position that depends selected from the temperature of the blown-out bath fluid is, for which purpose a corresponding characteristic curve is advantageously provided will give. [Straub Page 3, Paragraph 2]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN J HARVEY whose telephone number is 571-272-5327. The examiner can normally be reached 8:00AM-5:00PM M-Th, 8:00AM-4:00PM F.
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/K.J.H./Junior Patent Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664
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