Prosecution Insights
Last updated: July 17, 2026
Application No. 18/417,788

OVERHEAD AMBIENT AIR CONTROL SYSTEMS

Non-Final OA §102§103
Filed
Jan 19, 2024
Priority
Jun 08, 2023 — provisional 63/506,940
Examiner
TIGHE, DANA K
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Embraer S.A.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
499 granted / 658 resolved
+5.8% vs TC avg
Strong +17% interview lift
Without
With
+17.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
26 currently pending
Career history
675
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
79.0%
+39.0% vs TC avg
§102
6.1%
-33.9% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 658 resolved cases

Office Action

§102 §103
DETAILED ACTION The present office action is in response to claims filed on 01/19/2024. Claims 1 – 19 are pending in the application. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 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. Claim Objections Claims 1, 4, 10, and 13 are objected to because of the following informalities: Claim 1 recites “ventilation air” in line 18, which should recite “the ventilation air” for proper antecedent basis. Claim 4 recites “the support frame” in line 2, which should recite “the support frame member” for proper antecedent basis. Claim 10 recites “ventilation air” in line 19, which should recite “the ventilation air” for proper antecedent basis. Claim 13 recites “the support frame” in line 3, which should recite “the support frame member” for proper antecedent basis. Appropriate correction is required. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 15, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uhlenbusch et al. (German Patent Publication No. DE102016108009A1, English Machine Translation provided herein and relied upon below). Regarding Claim 1, Uhlenbusch shows (Figures 1, 3, 15, and 16): An overhead passenger comfort module (module illustrated in Figures 15 and 16) which includes a module segment (the right half of the module, comprising the right two 10’s, as illustrated in Figures 15 and 16) comprising: a support frame member (the frame of the right half of the module in Figure 15 and 16) which includes a perimetrical trim frame member (the right two 12’s, as illustrated in Figures 15 and 16); and a ventilation system (ventilation system illustrated in Figure 3, with air duct 24 from Figure 1 connected) supported by (as illustrated in Figures 3 and 16) the support frame member (the frame of the right half of the module in Figure 15 and 16), wherein the ventilation system (ventilation system illustrated in Figure 3, with air duct 24 from Figure 1 connected) comprises: (i) a supply conduit (24, “feed section 38 is coupled to a connecting line 26, which is connected to an air duct 24”, Paragraph 0053) adapted to being fluid-connected (via 26, as described in Paragraph 0053) to a supply of ventilation air (“conditioned air from a vehicle air conditioning system via the air duct”, Paragraph 0042); and (ii) first and second branch conduits (first and second 42 connected to the right two 12’s, respectively) fluid-connected at one end (the left end of 24, as illustrated in Figure 1) to the supply conduit (24) and terminating in an elongate first and second ventilation openings (first and second 44’s, associated with the right two 12’s, respectively) at first and second edge regions (first and second edge regions of the right portion of the frame, as illustrated in Figure 16) of the support frame member (the frame of the right half of the module in Figure 15 and 16) and wherein the trim frame member (the right two 12’s) includes first and second concavely curved edge diffuser portions (first and second 14’s, associated with the right two 12’s, respectively) which as adjacently positioned to and spaced from (as illustrated in Figure 3) the first and second ventilation openings (first and second 44’s, associated with the right two 12’s, respectively) respectively, wherein the ventilation air (“conditioned air from a vehicle air conditioning system via the air duct”, Paragraph 0042) discharged from (as can be seen by the air flow arrows in Figure 11) the first and second ventilation openings (first and second 44’s, associated with the right two 12’s, respectively) impinges on the concavely curved first and second edge diffuser portions (first and second 14’s, associated with the right two 12’s, respectively) of the trim frame member (the right two 12’s) so as to create a diffused volume of air (“air introduced between the air guiding elements can be supplied to the person in a targeted manner… by utilizing the Coanda effect”, Paragraph 0009) which envelops substantially a passenger (person) seated therebelow to establish a person ambient air zone (targeted air zone, as described in Paragraph 0009) for the passenger (person). Regarding Claim 2, Uhlenbusch shows (Figures 1, 3, 15, and 16): First and second valves (first and second 22 connected to the right two 12’s, respectively) operatively associated with (as illustrated in Figure 3 and described in Paragraph 0056) the first and second branch conduits (first and second 42 connected to the right two 12’s, respectively) and operable to control air flow (“the lower plate 48 of the inflow element 22 closes the opening 54”, Paragraph 0056) therethrough, respectively. Regarding Claim 3, Uhlenbusch shows (Figures 1, 3, 15, and 16): A control unit (“the inflow unit is coupled to an electric motor. The electric motor can be controlled by operating commands which are input by operating elements in the region of the air vent 10”, Paragraph 0055) operably connected to the first and second valves (first and second 22 connected to the right two 12’s, respectively) to allow passenger control (via the operating commands which are input by operating elements by the passenger) of the air flow through the first and second branch conduits (first and second 42 connected to the right two 12’s, respectively), respectively. Regarding Claim 4, Uhlenbusch shows (Figures 1, 3, 15, and 16): A front face plate (16) attached to (as illustrated in Figure 16) the support frame member (the frame of the right half of the module in Figure 15 and 16) and visibly covering (as illustrated in Figure 15) the ventilation system (ventilation system illustrated in Figure 3, with air duct 24 from Figure 1 connected). Regarding Claim 6, Uhlenbusch shows (Figures 1, 3, 15, and 16): The first and second ventilation openings (first and second 44’s, associated with the right two 12’s, respectively) are positioned at side and bottom edge regions (as illustrated in Figures 15, and 16, 44 is positioned at the top side and bottom edge regions of the frame) of the support frame member (the frame of the right half of the module in Figure 15 and 16), and wherein the concavely curved first and second edge diffuser portions (first and second 14’s, associated with the right two 12’s, respectively) are adjacently positioned to and spaced from (as illustrated in Figure 3) the first and second ventilation openings (first and second 44’s, associated with the right two 12’s, respectively) at the side and bottom edge regions (as illustrated in Figures 15, and 16, 44 is positioned at the top side and bottom edge regions of the frame) of the support frame member (the frame of the right half of the module in Figure 15 and 16), respectively. Regarding Claim 8, Uhlenbusch shows (Figures 1, 3, 15, and 16): A vehicle (“an air vent for vehicles, wherein the air vent can be arranged on a vehicle roof… vehicles include, but are not limited to, motor vehicles such as cars, trucks, buses, and agricultural vehicles, as well as trains, airplanes, and ships”, Paragraph 0001) which comprises a passenger seat (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063) and the overhead passenger comfort module (module illustrated in Figures 15 and 16) according to claim 1 (see rejection of Claim 1 above) over (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063) the passenger seat (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063). Regarding Claim 9, Uhlenbusch shows (Figures 1, 3, 15, and 16): The vehicle (“an air vent for vehicles, wherein the air vent can be arranged on a vehicle roof… vehicles include, but are not limited to, motor vehicles such as cars, trucks, buses, and agricultural vehicles, as well as trains, airplanes, and ships”, Paragraph 0001) is a passenger aircraft (airplanes, Paragraph 0001), a passenger bus (buses, Paragraph 0001), or a passenger train car (trains, Paragraph 0001). Regarding Claim 10, Uhlenbusch shows (Figures 1, 3, 15, and 16): An overhead passenger comfort module (module illustrated in Figures 15 and 16) which includes a mirror image pair of adjacent module segments (the right half of the module, comprising the right two 10’s, is one module segment and the left half of the module, comprising the left two 10’s, is the mirror image adjacent module segment, as illustrated in Figures 15 and 16), wherein each of the module segments (the right half of the module and the left half of the module, as illustrated in Figures 15 and 16) comprises (please note, in the following, the right half of the module is discussed for brevity; the same applies to the left half of the module, since the right half and the left half are mirror images): a support frame member (the frame of the right half of the module in Figure 15 and 16) which includes a perimetrical trim frame member (the right two 12’s, as illustrated in Figures 15 and 16); and a ventilation system (ventilation system illustrated in Figure 3, with air duct 24 from Figure 1 connected) supported by (as illustrated in Figures 3 and 16) the support frame member (the frame of the right half of the module in Figure 15 and 16), wherein the ventilation system (ventilation system illustrated in Figure 3, with air duct 24 from Figure 1 connected) comprises: (i) a supply conduit (24, “feed section 38 is coupled to a connecting line 26, which is connected to an air duct 24”, Paragraph 0053) adapted to being fluid-connected (via 26, as described in Paragraph 0053) to a supply of ventilation air (“conditioned air from a vehicle air conditioning system via the air duct”, Paragraph 0042); and (ii) first and second branch conduits (first and second 42 connected to the right two 12’s, respectively) fluid-connected at one end (the left end of 24, as illustrated in Figure 1) to the supply conduit (24) and terminating in an elongate first and second ventilation openings (first and second 44’s, associated with the right two 12’s, respectively) at first and second edge regions (first and second edge regions of the right portion of the frame, as illustrated in Figure 16) of the support frame member (the frame of the right half of the module in Figure 15 and 16) and wherein the trim frame member (the right two 12’s) includes first and second concavely curved edge diffuser portions (first and second 14’s, associated with the right two 12’s, respectively) which as adjacently positioned to and spaced from (as illustrated in Figure 3) the first and second ventilation openings (first and second 44’s, associated with the right two 12’s, respectively) respectively, wherein the ventilation air (“conditioned air from a vehicle air conditioning system via the air duct”, Paragraph 0042) discharged from (as can be seen by the air flow arrows in Figure 11) the first and second ventilation openings (first and second 44’s, associated with the right two 12’s, respectively) impinges on the concavely curved first and second edge diffuser portions (first and second 14’s, associated with the right two 12’s, respectively) of the trim frame member (the right two 12’s) so as to create a diffused volume of air (“air introduced between the air guiding elements can be supplied to the person in a targeted manner… by utilizing the Coanda effect”, Paragraph 0009) which envelops substantially a passenger (person) seated therebelow to establish a person ambient air zone (targeted air zone, as described in Paragraph 0009) for the passenger (person). Regarding Claim 11, Uhlenbusch shows (Figures 1, 3, 15, and 16): Each of the module segments further comprises first and second valves (first and second 22 connected to the right two 12’s, respectively) operatively associated with (as illustrated in Figure 3 and described in Paragraph 0056) the first and second branch conduits (first and second 42 connected to the right two 12’s, respectively) and operable to control air flow (“the lower plate 48 of the inflow element 22 closes the opening 54”, Paragraph 0056) therethrough, respectively. Regarding Claim 12, Uhlenbusch shows (Figures 1, 3, 15, and 16): Each of the module segments further comprises a control unit (“the inflow unit is coupled to an electric motor. The electric motor can be controlled by operating commands which are input by operating elements in the region of the air vent 10”, Paragraph 0055) operably connected to the first and second valves (first and second 22 connected to the right two 12’s, respectively) to allow passenger control (via the operating commands which are input by operating elements by the passenger) of the air flow through the first and second branch conduits (first and second 42 connected to the right two 12’s, respectively), respectively. Regarding Claim 13, Uhlenbusch shows (Figures 1, 3, 15, and 16): Each of the module segments further comprises a front face plate (16) attached to (as illustrated in Figure 16) the support frame member (the frame of the right half of the module in Figure 15 and 16) and visibly covering (as illustrated in Figure 15) the ventilation system (ventilation system illustrated in Figure 3, with air duct 24 from Figure 1 connected). Regarding Claim 15, Uhlenbusch shows (Figures 1, 3, 15, and 16): The first and second ventilation openings (first and second 44’s, associated with the right two 12’s, respectively) are positioned at side and bottom edge regions (as illustrated in Figures 15, and 16, 44 is positioned at the top side and bottom edge regions of the frame) of the support frame member (the frame of the right half of the module in Figure 15 and 16), and wherein the concavely curved first and second edge diffuser portions (first and second 14’s, associated with the right two 12’s, respectively) are adjacently positioned to and spaced from (as illustrated in Figure 3) the first and second ventilation openings (first and second 44’s, associated with the right two 12’s, respectively) at the side and bottom edge regions (as illustrated in Figures 15, and 16, 44 is positioned at the top side and bottom edge regions of the frame) of the support frame member (the frame of the right half of the module in Figure 15 and 16), respectively. Regarding Claim 17, Uhlenbusch shows (Figures 1, 3, 15, and 16): A vehicle (“an air vent for vehicles, wherein the air vent can be arranged on a vehicle roof… vehicles include, but are not limited to, motor vehicles such as cars, trucks, buses, and agricultural vehicles, as well as trains, airplanes, and ships”, Paragraph 0001) which comprises a pair of passenger seats (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063; as illustrated in Figure 15, there is a 10 dedicated to each seat; accordingly, there is a pair of seats) and the overhead passenger comfort module (module illustrated in Figures 15 and 16) according to claim 10 (see rejection of Claim 10 above) positioned over (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063) the passenger seats (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063) so that passengers (people in the seats) in the passenger seats (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063) have a respective one of the module segments (the right half of the module and the left half of the module, as illustrated in Figures 15 and 16) positioned overhead (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063). Regarding Claim 18, Uhlenbusch shows (Figures 1, 3, 15, and 16): The vehicle (“an air vent for vehicles, wherein the air vent can be arranged on a vehicle roof… vehicles include, but are not limited to, motor vehicles such as cars, trucks, buses, and agricultural vehicles, as well as trains, airplanes, and ships”, Paragraph 0001) is a passenger aircraft (airplanes, Paragraph 0001), a passenger bus (buses, Paragraph 0001), or a passenger train car (trains, Paragraph 0001). 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 5, 7, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Uhlenbusch et al. (German Patent Publication No. DE102016108009A1, English Machine Translation provided herein and relied upon below), as recited in Claims 1, 4, 10, and 13 above. Regarding Claims 5 and 14, Uhlenbusch shows (Figures 1, 3, 15, and 16): A front face plate (16) is not planar (as illustrated in Figure 3). However, Uhlenbusch lacks showing the front face plate is substantially planar. In a different embodiment, Uhlenbusch teaches (Figure 1): The front face plate (18) is substantially planar (as illustrated in Figure 1, the bottom of 1 is planar). Further, “the surface of panel 18 can be reflective, such that the light emitted via the lighting device is reflected and the air vent 10 is illuminated”, Paragraph 0047 It would have been obvious to one having ordinary skill in the art at the time of filing to modify the front face plate shown by Uhlenbusch in Figure 3 to be planar, as taught by Uhlenbusch Figure 1, to provide a reflective surface so that the light emitted via the lighting device is reflected to illuminate the air vent. Regarding Claims 7 and 16, Uhlenbusch shows (Figures 1, 3, 15, and 16) the claimed invention except at least one of a speaker system, annunciator light system, and information display screen. In a different embodiment, Uhlenbusch teaches (Figure 1): The module further comprises an annunciator light system (“an illumination device can be provided on the inflow element 22 and can be designed as an LED… the illumination can be effected, for example, as a function of the temperature of the discharged air, wherein blue illumination is produced in the case of relatively cold air and red illumination is produced in the case of warm air”, Paragraph 0047; accordingly, the LED is an annunciator light system providing information on the state of the air temperature). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the comfort module shown by Uhlenbusch in Figure 3 to include an annunciator light system, as taught Uhlenbusch Figure 1, such that the illumination can be effected as a function of the temperature of the discharged air, wherein blue illumination is produced in the case of relatively cold air and red illumination is produced in the case of warm air. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Uhlenbusch et al. (German Patent Publication No. DE102016108009A1, English Machine Translation provided herein and relied upon below), as recited in Claim 10 above, in view of Meier et al. (U.S. Patent No. 11,285,845). Regarding Claim 19, Uhlenbusch shows (Figures 1, 3, 15, and 16): An aircraft (“an air vent for vehicles, wherein the air vent can be arranged on a vehicle roof… vehicles include airplanes”, Paragraph 0001) which comprises a pair of passenger seats (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063; as illustrated in Figure 15, there is a 10 dedicated to each seat; accordingly, there is a pair of seats) and the overhead passenger comfort module (module illustrated in Figures 15 and 16) according to claim 10 (see rejection of Claim 10 above) positioned over (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063) the passenger seats (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063) so that passengers (people in the seats) in the passenger seats (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063) have a respective one of the module segments (the right half of the module and the left half of the module, as illustrated in Figures 15 and 16) positioned overhead (“air vents 10 are each arranged above the seat of a person”, Paragraph 0063). However, Uhlenbusch does not show that the pair of passenger seats face each other. In the same field of endeavor of transportation seating arrangements, Meier teaches (Figures 1a, 1b, and 19): It is known in the aircraft (100, “airplane, Col. 1, line 28) art for a seat (1) to be pivotable (about 6, as illustrated in Figures 1a and 1b) to change the orientation of the seat (1) such that such that there is a pair of facing passenger seats (as illustrated in Figure 19 by seating group 104). Further, “an adjustment to the needs of small groups or families is not [currently] possible”, Col. 1, lines 49-51. “Seating options should be able to be modified to meet different needs…. the adjustment of facing seat groups”, Col. 22, lines 22-26. It would have been obvious to one having ordinary skill in the art at the time of filing to modify the seats shown by Uhlenbusch to be pivotable such that it is possible to create a pair of facing passenger seats, as taught by Meier, to that seating options can be modified to meet different needs, such as facing seat groups for small groups or families. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is provided in the Notice of References Cited. The following teaches related comfort modules with concave surfaces: Vandyke et al. (U.S. Patent No. 11,999,490): see 512 in Figure 7 Matthew et al. (U.S. Pre-Grant Publication No. 2023/0399110): see 46 in Figure 2 Vandyke (U.S. Patent No. 11,267,572): see 312 in Figure 3 Pugliesi et al. (U.S. Patent No. 10,507,925): see 20 in Figure 7 The following teaches airplanes with a pair of facing seats: Guthrie (U.S. Pre-Grant Publication No. 2023/0021185): see Figure 1 Vandewall et al. (U.S. Pre-Grant Publication No. 2021/0107656): see 332 and 334 in Figures 5 and 6 Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANA K TIGHE whose telephone number is (571)272-9476. The examiner can normally be reached on Monday - Friday 8:00 - 4:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic, can be reached on 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANA K TIGHE/Examiner, Art Unit 3762 /AVINASH A SAVANI/Primary Examiner, Art Unit 3762
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Prosecution Timeline

Jan 19, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
93%
With Interview (+17.3%)
3y 3m (~9m remaining)
Median Time to Grant
Low
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