DETAILED ACTION
The present office action is in response to claims filed on 12/05/2023. Claims 1 – 18 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 11, 12, 13, 14, and 15 are objected to because of the following informalities:
Claim 11 recites “arranged downstream the first” in line 2, which should recite “arranged downstream of the first” for proper grammar.
Claim 12 recites “downstream the fourth aperture” in line 2, which should recite “downstream of the fourth aperture” for proper grammar.
Claim 13 recites “forward direction of a vehicle” in line 2, which should recite “forward direction of the vehicle” for proper antecedent basis.
Claim 14 recites “upward direction of a vehicle” in line 2, which should recite “upward direction of the vehicle” for proper antecedent basis.
Claim 15 recites “forward direction of a vehicle” in line 2, which should recite “forward direction of the vehicle” for proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 12 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 12 recites “the filter” in line 1 and “the fourth aperture” in line 2. Claim 12 depends from Claim 1. Antecedent basis for “a filter” is established in Claim 11. Antecedent basis for “a fourth aperture” is established in Claim 3.
Because it is unclear if these are antecedent basis issues or a dependency issues, this yields the claim indefinite.
For purposes of interpretation, the Examiner interprets “the filter” to be an antecedent basis issue and should recite “a filter” and “the fourth aperture” to be a dependency issue and Claim 12 should depend from Claim 3.
Appropriate action is required.
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 1, 5, 7, 8, 14, 16, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Buckman et a. (U.S. Pre-Grant Publication No. 2022/0379685) in view of Pintat et al. (French Patent Publication No. FR3150473A1, English Machine Translation provided herein and relied upon below).
Regarding Claim 1, Buckman shows (Figures 1, 2, 3, and 4):
A heating, ventilation and air conditioning unit (100) comprising:
a case (10) defining a first aperture (20), a second aperture (the portion of 30 in which the top 30a is installed, as illustrated in Figure 1), a third aperture (the portion of 30 in which the bottom 30a is installed, as illustrated in Figure 1), and an outlet aperture (the register vent outlet attached to 10 downstream of 60 through which conditioned air is supplied into the vehicle cabin),
the first aperture (20) being arranged to receive (as illustrated in Figure 1) an exterior airflow (fresh air, as described in Paragraph 0034), the second aperture (the portion of 30 in which the top 30a is installed, as illustrated in Figure 1) being arranged to receive (as illustrated in Figure 1) a first interior atmosphere (re-circulation air, as described in Paragraph 0035), the third aperture (the portion of 30 in which the bottom 30a is installed, as illustrated in Figure 1) being arranged to receive (as illustrated in Figure 1) a second interior airflow (re-circulation air, as described in Paragraph 0035), the outlet aperture (the register vent outlet attached to 10 downstream of 60 through which conditioned air is supplied into the vehicle cabin) being arranged to evacuate air (air conditioned via 10) outside of (to the vehicle cabin) the case (10),
a first door (20a) rotatably attached (via its pivot, as illustrated in Figure 1) to the case (10), the first door (20a) being movable between an open position (open configuration, as illustrated in Figure 1; the Examiner interprets this to be the open configuration because more than half of the opening 20 is open for air to flow towards 70) where the first aperture (20) is open, a closed position (closed configuration, as illustrated in Figure 4) where the first aperture (20) is closed, and a partially-open position (partially open configuration, as illustrated in Figures 2 and 3; the Examiner interprets this to be the partially-open position because only half of the opening 20 is open for air to flow towards 70) where the first aperture (20) is partially open;
a second door (the top 30a, as illustrated in Figure 1), rotatably attached (via its pivot, as illustrated in Figure 1) to the case (10), the second door (the top 30a, as illustrated in Figure 1) being movable between an open position (open configuration, as illustrated in Figures 2, 3, and 4) where the second aperture (the portion of 30 in which the top 30a is installed, as illustrated in Figure 1) is open and a closed position (closed configuration, as illustrated in Figure 1) where the second aperture (the portion of 30 in which the top 30a is installed, as illustrated in Figure 1) is closed; and
a third door (the bottom 30a, as illustrated in Figure 1) rotatably attached (via its pivot, as illustrated in Figure 1) to the case (10), the third door (the bottom 30a, as illustrated in Figure 1) being movable between an open position (open configuration, as illustrated in Figures 2, 3, and 4) where the third aperture (the register vent outlet attached to 10 downstream of 60 through which conditioned air is supplied into the vehicle cabin) is open, a closed position (closed configuration, as illustrated in Figure 1) where the third aperture (the register vent outlet attached to 10 downstream of 60 through which conditioned air is supplied into the vehicle cabin) is closed.
However, Buckman lacks showing the first door is arranged to partially allow the exterior airflow in its closed position.
In the same field of endeavor of vehicle HVAC systems, Pintat teaches (Figure 1):
It is known in the vehicle HVAC system (1) to supply “a minimum amount of outside air flow that corresponds to a renewal of air in the passenger compartment of no more than six times per hour”, see Paragraph 0029. “The advantage of having a low minimum outside air flow is to eliminate the feeling of suffocation that would appear if no outside air were admitted, and while avoiding generating a feeling of coolness and discomfort caused by too high a flow of outside air”, Paragraph 0030.
Further, “thus advantageously, the implementation of this air conditioning system control method makes it possible to avoid a feeling of suffocation due to a total lack of air renewal… By choosing a low flow of outside air introduced, this airflow will not be perceived by the passenger, and will avoid creating discomfort for said passenger”, Paragraph 0008.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the closed configuration of the first door shown by Buckman to allow a minimum outside air flow, as taught by Pintat, to provide the benefit of avoiding a feeling of suffocation by the passenger(s) due to a total lack of air renewal, and because this minimum airflow will not be perceived by the passenger(s), avoid creating discomfort for the passenger(s).
Regarding Claim 5, Buckman shows (Figures 1, 2, 3, and 4):
The heating, ventilation and air conditioning unit (100) defines a fresh air mode (mode illustrated in Figure 1) in which
the first door (20a) is in the open position (open configuration),
the second door (the top 30a, as illustrated in Figure 1) is in the closed position (closed configuration), and
the third door (the bottom 30a, as illustrated in Figure 1) is in the closed position (closed configuration).
Regarding Claim 7, Buckman shows (Figures 1, 2, 3, and 4):
The heating, ventilation and air conditioning unit (100) defines a recirculation air mode (mode illustrated in Figure 4) in which
the first door (20a) is in the closed position (closed configuration),
the second door (the top 30a, as illustrated in Figure 1) is in the open position (open configuration), and
the third door (the bottom 30a, as illustrated in Figure 1) is in the open position (open configuration).
Regarding Claim 8, Buckman shows (Figures 1, 2, 3, and 4):
The heating, ventilation and air conditioning unit (100) defines a fresh ram air mode (mode in which the HVAC unit is off and not operational, in which case all the doors would be in the closed configuration) in which
the first door (20a) is in the closed position (closed configuration),
the second door (the top 30a, as illustrated in Figure 1) is in the closed position (closed configuration), and
the third door (the bottom 30a, as illustrated in Figure 1) is in the closed position (closed configuration).
Regarding Claim 14, Buckman shows (Figures 1, 2, 3, and 4):
Arranged for mounting in a vehicle (vehicle, Paragraph 0002) so that the second aperture (the top 30a, as illustrated in Figure 1) faces an upward direction (as illustrated in Figure 1, 30a is disposed at an angle that faces upward) of the vehicle (vehicle, Paragraph 0002) in which the HVAC unit (100) is intended to be mounted, the upward direction being opposite a ground facing direction (the downward direction in Figure 1).
Regarding Claim 16, Buckman shows (Figures 1, 2, 3, and 4):
The first door (20a) is a butterfly type door (butterfly flap type of door, see Paragraphs 0021 and 0034).
Regarding Claim 17, Buckman shows (Figures 1, 2, 3, and 4):
The second door (the top 30a, as illustrated in Figure 1) is a barrel type door (barrel type of door, see Paragraphs 0022 and 0035).
Regarding Claim 18, Buckman shows (Figures 1, 2, 3, and 4):
The third door (the bottom 30a, as illustrated in Figure 1) is a barrel type door (barrel type of door, see Paragraphs 0022 and 0035).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Buckman et a. (U.S. Pre-Grant Publication No. 2022/0379685) and Pintat et al. (French Patent Publication No. FR3150473A1, English Machine Translation provided herein and relied upon below), as recited in Claim 1 above, further in view of Haupt et al. (U.S. Patent No. 11,458,806, listed on Applicant’s IDS dated 12/05/2023).
Regarding Claim 2, the combination of Buckman and Pintat teaches the claimed invention except the first door includes openings.
In the same field of endeavor of vehicle HVAC systems, Haupt teaches (Figures 1 and 6):
It is known in the vehicle HVAC system (as illustrated in Figure 1) art for an air distribution door (40) to have openings (45).
Further, “the sound suppression feature 5 also ensures that any small flow of air passing by the diverter projection 49 does not generate an undesirable vibration, whistle, or other audile condition that may potentially be heard within the passenger compartment of the vehicle”, Col. 10, lines 20-25.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the first, second, and third doors shown by Buckman to include openings, as taught by Haupt, to reduce the undesirable vibration, whistle, or other audile condition that may potentially be heard within the passenger compartment of the vehicle.
Claims 6, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Buckman et a. (U.S. Pre-Grant Publication No. 2022/0379685) and Pintat et al. (French Patent Publication No. FR3150473A1, English Machine Translation provided herein and relied upon below), as recited in Claim 1 above, further in view of Clemence et al. (U.S. Patent No. 9,676,245).
Regarding Claim 6, the combination of Buckman and Pintat teaches the claimed invention except the unit defines a partial-recirculation air mode in which the first door is in the partially-open position, the second door is in the open position, and the third door is in the closed position.
In the same field of vehicle HVAC systems, Clemence teaches (Figures 2 and 7):
It is known in the vehicle HVAC unit (30) art for the unit (30) to have a first aperture (38), a second aperture (40a), and a third aperture (40b), wherein the unit (30) defines a partial-recirculation air mode (mode of Figure 7) in which
the first door (74) is in the partially-open position (“disposed in the central region of the exterior air intake aperture”, as described in Col. 6, lines 3-19)
the second door (70) is the open position (“fully open the first interior air intake aperture 40a”, as described in Col. 6, lines 3-19), and
the third door (72) is in the closed position (“door 72 fully obstructs the second interior air intake aperture 40b”, as described in Col. 6, lines 3-19).
Further, “this causes the HVAC unit to work more efficiently and conserve fuel”, Col. 6, lines 35-37.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the HVAC unit shown by Buckman, to include a partial-recirculation air mode in which the first door is in the partially-open position, the second door is in the open position, and the third door is in the closed position, as taught by Clemence, to cause the HVAC unit to work more efficiently and conserve fuel.
Regarding Claim 9, the combination of Buckman and Pintat teaches the claimed invention except the unit defines a partial-recirculation ram air mode in which the first door is in the closed position, the second door is in the open position, and the third door is in the closed position.
In the same field of vehicle HVAC systems, Clemence teaches (Figures 2 and 7):
It is known in the vehicle HVAC unit (30) art for the unit (30) to have a first aperture (38), a second aperture (40a), and a third aperture (40b), wherein the unit (30) defines a partial-recirculation ram air mode (mode of variable partial mode, Col. 6, lines 52-55) in which
the first door (74) is in closed (“door 74 moves between its closed and open positions”, as described in Col. 6, lines 52-55; therefore when 74 is in the closed position, the limitation is satisfied)
the second door (70) is the open position (“door 70 remains open”, as described in Col. 6, lines 52-55), and
the third door (72) is in the closed position (“door 72 moves to its closed position”, as described in Col. 6, lines 52-55).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the HVAC unit shown by Buckman, to include a partial-recirculation ram air mode in which the first door is in the closed position, the second door is in the open position, and the third door is in the closed position, as taught by Clemence, to define a mode between the recirculation mode and the partial-recirculation mode, thereby increasing controllability of the unit.
Regarding Claim 11, the combination of Buckman and Pintat teaches the claimed invention except a filter arranged downstream of the first, second and third apertures and upstream of the outlet aperture.
In the same field of endeavor of vehicle HVAC systems, Clemence teaches (Figures 2 and 5):
It is known in the vehicle HVAC unit (30) art for a filter (56) to be arranged downstream of (as illustrated in Figure 2, in the direction of airflow) of first (38), second (70) and third (72) apertures and upstream of (as illustrated in Figure 2, in the direction of airflow) an outlet aperture (outlet aperture illustrated in Figure 5 through which air from 30 is supplied into the vehicle cabin).
Further, “dust and any other particulate matter is filtered out of the air”, Col. 3, line 64 – Col. 4, line 3).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the HVAC unit shown by Buckman to include a filter arranged downstream of the first, second and third apertures and upstream of the outlet aperture, as taught by Clemence, to filter dust and any other particulate matter out of the air to improve indoor air quality.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Buckman et a. (U.S. Pre-Grant Publication No. 2022/0379685) and Pintat et al. (French Patent Publication No. FR3150473A1, English Machine Translation provided herein and relied upon below), as recited in Claim 1 above, further in view of Wittman et al. (U.S. Patent No. 9,821,626).
Regarding Claim 13, Buckman shows (Figures 1, 2, 3, and 4):
The unit (100) is arranged for mounting (in the engine compartment of the vehicle) in a vehicle (vehicle, Paragraph 0002).
However, Buckman lacks showing the first aperture faces a forward direction of the vehicle in which the HVAC unit is intended to be mounted.
In the same field of endeavor of vehicle HVAC units, Wittmann teaches (Figure 1):
It is known in the HVAC unit (1) art to arrange a first aperture (3) facing a forward direction (as illustrated in Figure 1, the left side is the forward direction of the vehicle) of a vehicle in which the HVAC unit (1) is intended to be mounted.
It would have been obvious to one having ordinary skill in the art at the time of filing to try arranging the unit inside the vehicle in which the unit is intended to be mounted shown by Buckman such that the first aperture faces a forward direction, as taught by Wittman, by choosing from a finite number of identified, predictable solutions with reasonable expectation of success.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Buckman et a. (U.S. Pre-Grant Publication No. 2022/0379685) and Pintat et al. (French Patent Publication No. FR3150473A1, English Machine Translation provided herein and relied upon below), as recited in Claim 1 above, further in view of Takano et al. (U.S. Patent No. 6,371,202).
Regarding Claim 16, Buckman shows (Figures 1, 2, 3, and 4):
The unit (100) is arranged for mounting (in the engine compartment of the vehicle) in a vehicle (vehicle, Paragraph 0002).
However, Buckman lacks showing the third aperture faces a forward direction of the vehicle in which the HVAC unit is intended to be mounted.
In the same field of endeavor of vehicle HVAC units, Takano teaches (Figure 1):
It is known in the HVAC unit (unit illustrated in Figure 1) art to arrange a third aperture (25) facing a forward direction (as illustrated in Figure 1, the left side is the forward direction of the vehicle) of a vehicle in which the HVAC unit (unit illustrated in Figure 1) is intended to be mounted.
It would have been obvious to one having ordinary skill in the art at the time of filing to try arranging the unit inside the vehicle in which the unit is intended to be mounted shown by Buckman such that the third aperture faces a forward direction, as taught by Takano, by choosing from a finite number of identified, predictable solutions with reasonable expectation of success.
Allowable Subject Matter
Claims 3, 4, 10, and 12 are objected to as being dependent on 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.
Regarding Claim 3, Buckman shows (Figures 1, 2, 3, and 4):
A fourth aperture (the opening closed by 40, as illustrated in Figures 1 and 2) arranged between (as illustrated in Figure 1) the first aperture (20) and the outlet aperture (the register vent outlet attached to 10 downstream of 60 through which conditioned air is supplied into the vehicle cabin).
However, Buckman lacks showing the third door being configured to assume a position in which is seals the fourth aperture so that the exterior airflow is prevented from reaching the outlet aperture.
Modifying Buckman accordingly teaches away from the principle operation of Buckman.
Claim 4 and 12 (as interpreted under 35 U.S.C. 112(b) above) depend from Claim 12.
Regarding Claim 10, the combination of Buckman and Pintat teaches the claimed invention except the heating, ventilation and air conditioning unit defines a soft recirculation air mode in which the first door is in the closed position, the second door is in the closed position, and the third door is in the open position.
There is no teaching or suggestion in the prior art to modify Buckman accordingly.
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 prior art teaches related vehicle HVAC units:
Haupt et al. (U.S. Pre-Grant Publication No. 2023/0286352): see Figure 2
Yelles (U.S. Patent No. 7,357,176): see Figures 2A-2D
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/DANA K TIGHE/Examiner, Art Unit 3762
/AVINASH A SAVANI/Primary Examiner, Art Unit 3762