Prosecution Insights
Last updated: October 02, 2026
Application No. 18/433,914

VEHICLE AIR CONDITIONING APPARATUS

Non-Final OA §102§103
Filed
Feb 06, 2024
Priority
Feb 16, 2023 — JP 2023-022586
Examiner
KASENGE, CHARLES R
Art Unit
2116
Tech Center
2100 — Computer Architecture & Software
Assignee
SUBARU Corporation
OA Round
2 (Non-Final)
84%
Grant Probability
Favorable
2-3
OA Rounds
2m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
1110 granted / 1321 resolved
+29.0% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
36 currently pending
Career history
1347
Total Applications
across all art units

Statute-Specific Performance

§101
8.5%
-31.5% vs TC avg
§103
30.5%
-9.5% vs TC avg
§102
41.3%
+1.3% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1321 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant’s arguments, see Remarks, filed 6/15/2026, with respect to the rejection(s) of the claim(s) under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kumada et al. U.S. PGPub 2004/0079099. The indicated allowability of claim 4 is withdrawn in view of Kumada et al. U.S. PGPub 2004/0079099. Rejections based on the newly cited reference(s) follow. 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. Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumada et al. U.S. PGPub 2004/0079099 (hereinafter “Kumada”). Regarding claims 1, 4 and 6, Kumada discloses a vehicle air conditioning apparatus comprising: a first seat (i.e. driver’s seat) and a second seat (i.e. rear passenger seat) (e.g. ¶25-27; Fig. 1-2); an air conditioner configured to generate first air-conditioning air and second air-conditioning air by conditioning air supplied to a vehicle compartment (e.g. ¶25-27; Fig. 1-2); an occupant detector configured to detect whether an occupant is present in the second seat (e.g. ¶105 and 107); air-conditioning air outlets comprising a first outlet (i.e. outlet from seat duct) that is provided in vicinity of the first seat and from which the first air-conditioning air is to be sent out into the vehicle compartment and a second outlet (i.e. outlet from rear seat duct) that is provided in vicinity of the second seat and from which the second air-conditioning air is to be sent out into the vehicle compartment (e.g. ¶28-32; Fig. 1-2); and a calculation processor configured to, when determining that the occupant is not present in the second seat based on an output from the occupant detector, send out the first air-conditioning air from the first outlet into the vehicle compartment and send out the second air-conditioning air from the second outlet into the vehicle compartment, the first air-conditioning air being conditioned to be at a first temperature, the second air-conditioning air being conditioned to be at a second temperature set to increase an air conditioning effect (e.g. ¶25-27 and 105), wherein the calculation processor is further configured to: execute a first mode in which the first temperature and the second temperature are individually set (i.e. independently controlled), the first air-conditioning air is conditioned to be at the first temperature and is sent out from the first outlet, and the second air-conditioning air is conditioned to be at the second temperature and is sent out from the second outlet (e.g. ¶25-27; Fig. 1-2); execute a second mode in which, when the occupant is not present in the second seat, the first air-conditioning air conditioned to be at the first temperature is sent out from the first outlet, the second air-conditioning air conditioned to be at the second temperature is sent out from the second outlet with a reduced flow amount (e.g. ¶107, “limit or reduce the flow of uncomfortable air”) as compared with that in the first mode (e.g. ¶105 and 107); and upon transition from the first mode to the second mode, the second temperature of the second air-conditioning air is changed to a temperature (e.g. predetermined temperature) that increases the air-conditioning effect (e.g. ¶105). Regarding claim 2, Kumada discloses the vehicle air conditioning apparatus according to claim 1, wherein the calculation processor is configured to, when the vehicle compartment is to be cooled, cause the second temperature of the second air-conditioning air to be lower than or equal to the first temperature of the first air-conditioning air (e.g. ¶28, when passenger wants cooler air). Regarding claim 3, Kumada discloses the vehicle air conditioning apparatus according to claim 1, wherein the calculation processor is configured to, when the vehicle compartment is to be heated, cause the second temperature of the second air-conditioning air to be higher than or equal to the first temperature of the first air-conditioning air (e.g. ¶28, when passenger wants warmer air). 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. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kumada as applied to the claims above, and further in view of Sato EP-1512563-A2 (hereinafter “Sato”). Regarding claim 5, Kumada does not explicitly disclose a display on which an air conditioning state of the vehicle compartment is to be displayed, wherein the calculation processor is configured to, when the second temperature is changed, refrain from causing information to be displayed, the information indicating that the second temperature is changed. Sato discloses a display on which an air conditioning state (e.g. driver’s side/overall temperature) of the vehicle compartment is to be displayed (e.g. abstract; ¶32-35 and 38-47; Fig. 1 and 3-8), wherein the calculation processor is configured to, when the second temperature (e.g. passenger side temperature) is changed, refrain from causing information to be displayed, the information indicating that the second temperature is changed (e.g. abstract; ¶32-35 and 38-47; Fig. 1 and 3-8, when passenger side temperature is not displayed when overall temperature is displayed). At the time the invention was filed, it would have been obvious to a person of ordinary skill in the art to include a display to display the air conditioning state in the vehicle. One of ordinary skill in the art would have been motivated to do this in order to inform the passenger or driver of the current air conditioning state for achieving the desired air conditioning state. Therefore, it would have been obvious to modify Kumada with Sato to obtain the invention as specified in claim 5. Allowable Subject Matter Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not disclose a calculation processor configured to execute a second mode in which, when the occupant is not present in the passenger seat, the first air-conditioning air is sent out and the second air-conditioning air is sent out more weakly than in the first mode, and upon transition from the first mode to the second mode, change the second temperature of the second air-conditioning air to a temperature that increases the air conditioning effect. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES R KASENGE whose telephone number is (571)272-3743. The examiner can normally be reached Monday - Friday 7:30am to 4pm EST. 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, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. CK August 24, 2026 /CHARLES R KASENGE/Primary Examiner, Art Unit 2116
Read full office action

Prosecution Timeline

Feb 06, 2024
Application Filed
Mar 16, 2026
Non-Final Rejection mailed — §102, §103
Jun 15, 2026
Response Filed
Aug 27, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
84%
Grant Probability
98%
With Interview (+13.8%)
2y 10m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1321 resolved cases by this examiner. Grant probability derived from career allowance rate.

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