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 .
Claim Objections
Claim 2 is objected to because of the following informalities: Claim 2 recites the limitation “wherein the at least one valve is configured to selectively and regulate the flow of air through at least the second and third flow paths”, however, the phrase “wherein the at least one valve is configured to selectively and regulate the flow of air” is idiomatic; to obviate the objection, the Examiner would suggest the Applicant amend the limitation along the lines of “wherein the at least one valve is configured to selectively
Claim 9 is objected to because of the following informalities: Claim 9 recites the limitation “wherein the at least one flap valve has a flap member”, however, the element of “the at least one flap valve has a flap member” in claim 9, of which claim 9 depends from claim 8, which claims “wherein the at least one valve comprises a flap valve having a flap member”; to obviate the objection, the Examiner would suggest the Applicant amend claim 9 to recite the element of the flap member as “the flap member” as antecedent basis can be found in claim 8 from which claim 9 depends from. Appropriate correction is required. All dependent claims are similarly objected to for depending from an objected to claim.
Claim 12 is objected to because of the following informalities: Claim 12 recites the limitation “the first flow path”, however, the phrase “first flow path” lacks antecedent basis in the claim dependency, as claim 12 ultimately depends from claim 1 which only specifies a plurality of flow paths/ at least one of the flow paths; to obviate the objection, the Examiner would suggest the Applicant amend the claim along the lines of how claim 2 quantifies the first flow path. Appropriate correction is required. All dependent claims are similarly objected to for depending from an objected to claim.
Claim 13 is objected to because of the following informalities: Claim 13 recites the limitation “the first flow path”, however, the phrase “first flow path” lacks antecedent basis in the claim dependency, as claim 13 ultimately depends from claim 1 which only specifies a plurality of flow paths/ at least one of the flow paths; to obviate the objection, the Examiner would suggest the Applicant amend the claim along the lines of how claim 2 quantifies the first flow path. Appropriate correction is required. All dependent claims are similarly objected to for depending from an objected to claim.
Claim 14 is objected to because of the following informalities: Claim 14 recites the limitation “the blowers”, however, antecedent basis for this element can be found in claim 1 with the first and second blowers, from which claim 14 depends from. Appropriate correction is required. All dependent claims are similarly objected to for depending from an objected to claim.
Claim 19 is objected to because of the following informalities: Claim 19 recites the limitation “wherein the system comprises at least one filter sensor operably connected with the electronic control system”, however, the element of “the at least one filter sensor” in claim 19, of which claim 19 depends from claim 18, which claims “at least one filter sensor configured to detect when a filter is mounted in the filter housing”; to obviate the objection, the Examiner would suggest the Applicant amend claim 19 to recite the element of the at least one filter sensor as “the at least one filter sensor” as antecedent basis can be found in claim 18 from which claim 19 depends from. Appropriate correction is required. All dependent claims are similarly objected to for depending from an objected to claim.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-13 & 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 11-12 & 19-20 respectively recite limitations similar to “wherein the system comprises at least one filter sensor operably connected with the electronic control system”, of which is unclear as to which “system” comprises of these limitations, as there is the HVAC system and the electronic control system. To obviate the rejection, the Examiner would suggest the Applicant amend the system within the respective claims, to elaborate on which one the limitations apply to, either the HVAC system or the electronic control system. All dependent claims are similarly rejected for being dependent from a rejected claim.
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.
Claims 1-3 & 5-20 are rejected under 35 U.S.C. 103 as being unpatentable over Burst et al (US 4,996,849), hereinafter referred to as Burst, in view of Davter et al (EP3536527), hereinafter referred to as Davter.
Regarding claim 1, Burst shows (US 4,996,849) shows a vehicle HVAC system comprising:
an HVAC unit (1, Fig. 1);
first and second variable speed blowers (23, 23’, Fig. 1/2 – the blowers speed may be varied via element 48), each blower being controllable (Fig. 1 - each blower having its own motor 23/23’ controlled by the electronic control system 42) and operative in use to selectively draw into the HVAC unit at least one of exterior air from an exterior air intake (14, Fig. 1) and recirculated air from a recirculation inlet (8/8’, Fig. 1); and
an air flow regulator (9/9’, Fig. 1) defining a plurality of flow paths (see Annotated Figure 1), each flow path configured such that, in use, air is drawn through the flow path from a respective one of the exterior air intake and the recirculation inlet only by a respective one of the first and second blowers (see Annotated Figure 1), wherein the air flow regulator comprises at least one valve (9/9’, Fig. 1) configured to selectively regulate a flow of air through at least one of the flow paths (see Annotated Figure 1).
However, Burst lacks showing each blower being controllable independent of the other
Davter (EP3536527), a vehicle air conditioner with multiple blowers, is in the same field od endeavor as Burst which is a vehicle air conditioner with multiple blowers.
Davter teaches each blower (22, 32, Fig. 5) being controllable independent of the other (¶00220025/0033 – the electronic control system 100 is configured to control the speed of the first blower 22 based on the flow rate of the measurement signal from the filter sensor 23a to adjust the rotation speed until a certain value is reached, while the second blowers work to blow air flow that is independently separate from the first blower 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic control system and the first and second blowers of Burst to incorporate the teachings of the electronic control system and first and second blowers of Davter, which would provide an improved apparatus for the treatment of air in the cabin of an agricultural machine (¶0004).
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Annotated Figure 1
Regarding claim 2, Burst shows wherein the air flow regulator defines:
a first flow path through which air is drawn from the exterior air intake by the first blower (see Annotated Figure 1);
a second flow path through which air is drawn from the recirculation air inlet by the first blower (see Annotated Figure 1); and
a third flow path through which air is drawn from the recirculation air inlet by the second blower (see Annotated Figure 1);
wherein the at least one valve (9/9’, Fig. 1) is configured to selectively and regulate the flow of air through at least the second and third flow paths (see Annotated Figure 1).
Regarding claim 3, Burst shows wherein the air flow regulator further defines a fourth flow path through which air is drawn from the exterior air intake by one of the first blower and the second blower (see Annotated Figure 1).
Regarding claim 5, Burst shows wherein the at least one valve is configured to selectively regulate the flow of air through the fourth flow path (see Annotated Figure 1).
Regarding claim 6, Burst shows wherein the at least one valve comprises a respective valve in each flow path in which a flow of air is regulated (see Annotated Figure 1), each valve being operable to selectively open and close its respective flow path (Col. 2, Lines 43-50).
Regarding claim 7, Burst shows wherein the at least one valve is operable to provide variable opening of its respective flow path (Col. 2, Lines 43-50 – the at least one valve 9/9’ is operable to provide a variable opening range (partially open) of its respective flow path).
Regarding claim 8, Burst shows wherein the at least one valve comprises a flap valve having a flap member (Fig. 1 – the structure of the at least one valve 9/9’ comprises of a pivot joint and a flap member) operably movable between a fully closed position in which air is substantially prevented from flowing through the respective flow path past the flap member (Col. 2, Lines 43-50 – the at least one valve 9/9’ is movable between a fully closed position in which air is substantially prevented from flowing through the respective flow path past the flap member, and movable between a fully open position in which the air is able to flow through the flow path past the flap member) and a fully open position in which air is able to flow through the flow path past the flap member (Col. 2, Lines 43-50).
Regarding claim 9, Burst shows wherein the at least one flap valve has a flap member (Fig. 1 – the structure of the at least one valve 9/9’ comprises of a pivot joint and a flap member) operably movable to at least one partially open position between the fully closed position and the fully open position (Col. 2, Lines 43-50 – the at least one valve 9/9’ is operable to provide a partially open position, that is a position between the fully closed position and the fully open position, of its respective flow path).
Regarding claim 10, Burst shows wherein each valve is electronically actuatable (Col. 2, Lines 37-39).
Regarding claim 11, Burst shows wherein the system comprises an electronic control system (42, Fig. 2) operatively connected with the at least one valve (Col. 3, Lines 60-61 / Col. 4, Lines 17-20) and configured to control actuation of the at least one valve (Col. 3, Lines 33-41 – the electronic control system is operatively connected to the at least one valve and configured to control actuation of the at least one valve based on measured values) and the speed of each of the first and second blowers so as to regulate the flow of air through the respective flow paths (Fig. 1, Col. 3, Lines 60-61 / Col. 4, Lines 17-28 – the electronic control system is configured to control the speed of the first and second blowers so as to regulate the flow of air through the respective flow paths).
However, Burst lacks showing the electronic control system is configured to control the speed of each of the first and second blowers independently of one another.
Davter teaches the electronic control system (100, ¶00220025/0033) is configured to control the speed of each of the first (22, Fig. 5) and second blowers (32, Fig. 5) independently of one another (¶00220025/0033 – the electronic control system 100 is configured to control the speed of the first blower 22 based on the flow rate of the measurement signal from the filter sensor 23a to adjust the rotation speed until a certain value is reached, while the second blowers work to blow air flow that is independently separate from the first blower 22)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic control system and the first and second blowers of Burst to incorporate the teachings of the electronic control system and first and second blowers of Davter, which would provide an improved apparatus for the treatment of air in the cabin of an agricultural machine (¶0004).
Regarding claim 12, Burst shows elements of the claimed invention as stated above in claim 11 including wherein the system comprises an air sensor (34, Fig. 1) in the first flow path operatively connected to the electronic control system (Fig. 2) for determining the temperature of air passing through the first flow path (see Annotated Figure 1 – the air sensor 34 is a temperature sensor to sense the air temperature of air passing through the first flow path).
However, Burst lacks showing wherein the system comprises an air mass flow sensor in the first flow path operatively connected to the electronic control system for determining the mass flow rate of air passing through the first flow path.
Davter teaches wherein the system comprises an air mass flow sensor (23a, Fig. 5 – element 23a is a flow meter configured to provide a flow rate measurement signal) in the flow path (23, Fig. 5) operatively connected to the electronic control system (100, ¶0021) for determining the mass flow rate of air passing through the first flow path (¶0020).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and the temperature sensor of Burst to incorporate the teachings of the system and the air mass flow sensor of Davter, which would provide an improved apparatus for the treatment of air in the cabin of an agricultural machine (¶0004).
Regarding claim 13, Burst shows wherein the first flow path is configured to be at least partially open at all times (Fig. 1, see Annotated Figure 1, Col. 2, Lines 42-47 – the first flow path is configured to be at least partially open at all times, as stated that they can have a partially open position, and indicated in Fig. 1 by the middle position of elements 9/9’).
Regarding claim 14, Burst shows wherein the first and second blowers are located side by side (see Annotated Figure 1), the blowers configured to direct air into an inlet plenum of the HVAC unit (see Annotated Figure 1).
Regarding claim 15, Burst shows wherein the first and second blowers rotate in opposite directions to draw air into the HVAC unit (Fig. 1 – as can be seen in Fig. 1, the blades of the blowers 23 & 23’ are positioned opposite of the other blower, indicating the direction of rotation, as the configured direction of rotation of the blowers make sure the air is drawn into the inlet plenum of the HVAC unit).
Regarding claim 16, Burst shows elements of the claimed invention as stated above in claim 1 including the exterior air intake.
However, Burst lacks showing further comprising an exterior air filter configured to filter exterior air drawn in through the exterior air intake.
Davter teaches further comprising an exterior air filter (21a, Fig. 5) configured to filter exterior air drawn in through the exterior air intake (¶0017).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the exterior air intake of Burst to incorporate the teachings of the exterior air intake of Davter, which would provide a means to provide filtered air flow through the HVAC system, providing an improved apparatus for the treatment of air in the cabin of an agricultural machine (¶0004/0005).
Regarding claim 17, Burst shows elements of the claimed invention as stated above in claim 16 except wherein the exterior air filter comprises a filter housing configured to receive a replaceable filter cartridge.
Davter teaches wherein the exterior air filter comprises a filter housing (Fig. 5 – the exterior air filter comprises a filter housing, seen in Fig. 5 as holding the air filter, that is configured to receive the replaceable filter cartridge 21) configured to receive a replaceable filter cartridge (Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the exterior air intake of Burst to incorporate the teachings of the exterior air intake of Davter, which would provide a means to provide filtered air flow through the HVAC system, providing an improved apparatus for the treatment of air in the cabin of an agricultural machine (¶0004/0005).
Regarding claim 18, Burst shows elements of the claimed invention as stated above in claim 17 including further comprising an electronic control system (42, Fig. 2) operatively connected with the at least one valve (Col. 3, Lines 60-61 / Col. 4, Lines 17-20) and configured to control actuation of the at least one valve (Col. 3, Lines 33-41 – the electronic control system is operatively connected to the at least one valve and configured to control actuation of the at least one valve based on measured values).
However, Burst lacks showing the speed of each of the first and second blowers independently of one another to regulate the flow of air through the respective flow paths; and at least one filter sensor configured to detect when a filter is mounted in the filter housing, wherein the at least one filter sensor is operatively connected to the electronic control system.
Davter teaches the speed of each of the first (22, Fig. 5) and second blowers (32, fig. 5) independently of one another to regulate the flow of air through the respective flow paths (¶00220025/0033 – the electronic control system 100 is configured to control the speed of the first blower 22 based on the flow rate of the measurement signal from the filter sensor 23a to adjust the rotation speed until a certain value is reached, while the second blowers work to blow air flow that is independently separate from the first blower 22); and at least one filter sensor (23a, Fig. 5 – The Merriam-Websters Dictionary defines Sensor: “a device that responds to physical stimulus (such as heat, light, sound, pressure, magnetism, or a particular motion) and transmits a resulting impulse (as for a measurement or operating a control); element 23a is a flow meter configured to provide a flow rate measurement signal indicating a flow rate of air through the filter; element 23a is a filter sensor”) configured to detect when a filter is mounted in the filter housing (¶0021-0022 – the electronic control system 100 is connected to the filter sensor, which is configured to detect when a filter is mounted in the filter housing, as the system can adjust the rotation speed of the blower based on the flow rate measurement signal provided by the filter sensor 23a), wherein the at least one filter sensor is operatively connected to the electronic control system (¶0021).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic control system and the first and second blowers of Burst to incorporate the teachings of the electronic control system and first and second blowers of Davter, which would provide a means to provide filtered air flow through the HVAC system, providing an improved apparatus for the treatment of air in the cabin of an agricultural machine (¶0004/0005).
Regarding claim 19, Burst shows elements of the claimed invention as stated above in claim 18 including the system and the electronic control system.
However, Burst lacks showing wherein the system comprises at least one filter sensor operably connected with the electronic control system and configured to determine a type of filter mounted in the filter housing.
Davter teaches wherein the system comprises at least one filter sensor (23a, Fig. 5) operably connected with the electronic control system (100, ¶0021) and configured to determine a type of filter mounted in the filter housing (¶0008).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and electronic control system of Burst to incorporate the teachings of the at least one filter sensor and electronic control system of Davter, which would provide a means to provide filtered air flow through the HVAC system, providing an improved apparatus for the treatment of air in the cabin of an agricultural machine (¶0004/0005).
Regarding claim 20, Burst shows elements of the claimed invention as stated above in claim 19 including wherein the air flow regulator further defines a fourth flow path through which air is drawn from the exterior air intake by one of the first blower and the second blower (see Annotated Figure 1), and the exterior air intake and the at least one flow path (see Annotated Figure 1).
However, Burst lacks showing the system further comprising a CAT 4 type filter cartridge and wherein the system is configured such that when the CAT 4 type filter cartridge is located in the filter housing, the flow of air from the exterior air intake through at least one flow path is blocked.
Davter teaches the system further comprising a CAT 4 type filter cartridge (¶0017) and wherein the system is configured such that when the CAT 4 type filter cartridge is located in the filter housing (Fig. 5 – the exterior air filter comprises a filter housing, seen in Fig. 5 as holding the air filter, that is configured to receive the replaceable filter cartridge 21), the flow of air from the exterior air intake (11, Fig. 5) through the flow path is blocked (Fig. 5 – when installed, the air filter blocks the flow path through the exterior air intake 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and exterior air intake of Burst to incorporate the teachings of the system and exterior air intake and CAT 4 type filter cartridge of Davter, which would provide a means to provide filtered air flow through the HVAC system, providing an improved apparatus for the treatment of air in the cabin of an agricultural machine (¶0004/0005).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN L FAULKNER whose telephone number is (469)295-9209. The examiner can normally be reached M-F: 9-7, Every other F: Flex.
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/RYAN L FAULKNER/ Examiner, Art Unit 3762
/AVINASH A SAVANI/ Primary Examiner, Art Unit 3762