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, filed 04/27/2026, with respect to the 35 USC § 102/103 rejections over Oinuma (JP2018079715A) have been fully considered and are persuasive in view of the amendments to the claims. The 35 USC § 102/103 rejections over Oinuma (JP2018079715A) have been withdrawn.
Applicant's arguments filed 04/27/2026 with respect to the 35 USC § 102/103 rejections over Nakamura (US20040016537A1) have been fully considered but they are not persuasive. Applicant argues “Fig. 6 of Nakamura discloses that the aspirator inlet (32a), corresponding to an introduction portion, opens in the middle of the rear wall, i.e., at a downstream end of the "first path portion", and the aspirator inlet (32a) is connected to upstream end portion of the rear wall 32 above the aspirator inlet (32a), corresponding to a "second path portion". In other words, Nakamura does not disclose the configuration that the upstream end of the introduction portion of the aspirator is connected to a downstream end portion of the second flow path portion from the first direction" as recited in the amended Claim 1”. However, [0079] of Nakamura discloses “Though the aspirator 31 is mounted on the rear wall 32 to be exposed to the hot air duct 19 in the second and the third embodiments, it may be mounted on the rear wall 32 at its upper portion to communicating with the air-mixing space 20”. Thus, Nakamura teaches aspirator 31 located higher up on the rear wall 32 on fig. 6, which would correlate with a downstream end portion of the second flow path portion as shown on annotated fig. 6 below.
Additionally, applicant argues “Moreover, neither Nakamura nor Oinuma discloses that the second flow path portion being curved at a substantially right angle from a downstream end of the first flow path portion and extending in the second direction as recited in the amended Claim 1”. However, while this feature is not explicitly taught by Nakamura, this feature would have been obvious in view of Nakamura as a matter of design choice.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US20040016537A1).
Regarding claim 1, Nakamura teaches
A vehicular air conditioning device for controlling a temperature of air introduced (air-conditioner unit 10, fig. 6), and supplying the air into a vehicle cabin (via defroster opening 21, face opening 23), the vehicular air conditioning device comprising:
a case forming an outer shell and causing air to flow through the case (casing 11);
an evaporator being housed in the case and configured to cool air flowing through the case (evaporator 12);
a heater core being housed in the case and configured to heat air flowing through the case (heater core 13); and
an aspirator (aspirator 31) configured to introduce air flowing in the case to guide air in the vehicle cabin to a temperature sensor (“When the air introduced into the aspirator 31 flows through the venturi portion 31d, pressure drop occurs because the flow speed of the air increases in the venturi portion 31d. Therefore, the air in the passenger compartment is drawn into the aspirator 31, and thereby the air in the passenger compartment is surely supplied to the temperature sensor 33”) [0051],
the case integrally including a case upstream portion in which the evaporator and the heater core are housed (portion of casing 11 upstream of air-mixing space 20) and a case downstream portion through which air having flowed through the case upstream portion flows (portion of casing 11 downstream of air-mixing space 20),
the case upstream portion including a first flow path portion and a second flow path portion, the first flow path portion causing air to flow in a first direction (rear wall 32 below aspirator 31 on fig. 6; first direction shown on annotated fig. 6 below), the second flow path portion being provided on a downstream side of the first flow path portion and causing air to flow in a second direction intersecting the first direction (rear wall 32 above aspirator 31 on fig. 6; second direction intersecting first direction shown on annotated fig. 6 below),
the aspirator including an introduction portion (inlet pipe 31b) including an inlet formed at an upstream end of the introduction portion and being configured to introduce air inside the case from the inlet (air-introducing port 32a), the aspirator being disposed at a central portion of the case in a third direction intersecting the first direction and the second direction (central portion of air-conditioner casing 11 as shown in vertical direction on fig. 6, between first and second flow path portions; third direction intersecting first and second directions shown on annotated fig. 6 below), and
in the introduction portion, the upstream end being connected to a downstream end portion of the second flow path portion from the first direction (rear wall 32 above aspirator 31 on fig. 6 is connected to upstream side of inlet pipe 31b; “Though the aspirator 31 is mounted on the rear wall 32 to be exposed to the hot air duct 19 in the second and the third embodiments, it may be mounted on the rear wall 32 at its upper portion to communicating with the air-mixing space 20” [0079], thus aspirator 31 can be connected to a downstream end portion of the second flow path portion; as shown on annotated fig. 6 below, first direction oriented from left to right, and inlet pipe 31b connected with rear wall 32 from left to right, thus upstream end being connected to the second flow path portion from the first direction)
While Nakamura does not teach the second flow path portion begin curved at a substantially right angle from a downstream end of the first flow path portion and extending in the second direction (although, while not shown by a flow arrow, it can likely be assumed that air approaching defroster opening 21 flows at a substantially right angle relative to a downstream end of the first flow path portion), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the air-conditioner unit 10 of Nakamura as such as these changes in configuration are a matter of design when the particular configuration result in no change in system performance. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant; applicant has not cited mechanical significance of the recited configuration to perform differently than the prior art device in the disclosure ([0017 of applicant’s 11/20/2023 specification). Therefore, the claim is given no distinguishable patentability.
PNG
media_image1.png
393
458
media_image1.png
Greyscale
Annotated fig. 6 of Nakamura
Regarding claim 2, Nakamura teaches the vehicular air conditioning device according to claim 1,
wherein the inlet is disposed outside a main flow of air flowing through the second flow path portion (air-introducing port 32a disposed outside flow of air continuing through air-conditioner casing 11 toward defroster opening 21 and face opening 23 through the second flow path portion)
Regarding claim 3, Nakamura teaches the vehicular air conditioning device according to claim 1,
wherein the second flow path portion is provided on a downstream side of the heater core (rear wall 32 downstream of heater core 13, as shown on fig. 6)
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US20040016537A1) in view of Hori (US20070293135A1).
Regarding claim 4, Nakamura teaches the vehicular air conditioning device according to claim 1, further comprising
an air mixing damper (air-mixing door 16) including
a first damper portion configured to move between a closing position where a heating flow path guiding air to the heater core is closed and an opening position where the heating flow path is not closed (portion of air-mixing door 16 distal shaft 16a, blocking flow across heater core 13 in a closed state as shown on fig. 8, and in an open position on fig. 6), and
a second damper portion (portion of air-mixing door 16 proximate shaft 16a) arranged between the evaporator and the inlet (between evaporator 12 and air-introducing port 32a in a flow direction) in a state where the first damper portion is located at the closing position (fig. 8)
Nakamura does not teach
wherein a notch is formed at the second damper portion
Hori teaches
wherein a notch is formed at the second damper portion (as shown on fig. 3, first air mixing door 31 comprises a notch at each corner of the door proximate first rotation shaft 31a)
Nakamura teaches air-mixing door 16 and shaft 16a, however does not further teach the structure of the arrangement. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure of first air mixing door 31 and first rotation shaft 31a of Hori, to Nakamura, in order to provide a damper structure that effectively transmits the rotation of the rotation shaft to the air mixing door, via the structure of Hori including the notched air mixing door 31 and rotation shaft 31a comprising flange 313a and cylindrical portion 317a.
Regarding claim 5, Nakamura teaches the vehicular air conditioning device according to claim 2, further comprising
an air mixing damper (air-mixing door 16) including
a first damper portion configured to move between a closing position where a heating flow path guiding air to the heater core is closed and an opening position where the heating flow path is not closed (portion of air-mixing door 16 distal shaft 16a, blocking flow across heater core 13 in a closed state as shown on fig. 8, and in an open position on fig. 6), and
a second damper portion (portion of air-mixing door 16 proximate shaft 16a) arranged between the evaporator and the inlet (between evaporator 12 and air-introducing port 32a in a flow direction) in a state where the first damper portion is located at the closing position (fig. 8)
Nakamura does not teach
wherein a notch is formed at the second damper portion
Hori teaches
wherein a notch is formed at the second damper portion (as shown on fig. 3, first air mixing door 31 comprises a notch at each corner of the door proximate first rotation shaft 31a)
Nakamura teaches air-mixing door 16 and shaft 16a, however does not further teach the structure of the arrangement. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure of first air mixing door 31 and first rotation shaft 31a of Hori, to Nakamura, in order to provide a damper structure that effectively transmits the rotation of the rotation shaft to the air mixing door, via the structure of Hori including the notched air mixing door 31 and rotation shaft 31a comprising flange 313a and cylindrical portion 317a.
Regarding claim 6, Nakamura teaches the vehicular air conditioning device according to claim 3, further comprising
an air mixing damper (air-mixing door 16) including
a first damper portion configured to move between a closing position where a heating flow path guiding air to the heater core is closed and an opening position where the heating flow path is not closed (portion of air-mixing door 16 distal shaft 16a, blocking flow across heater core 13 in a closed state as shown on fig. 8, and in an open position on fig. 6), and
a second damper portion (portion of air-mixing door 16 proximate shaft 16a) arranged between the evaporator and the inlet (between evaporator 12 and air-introducing port 32a in a flow direction) in a state where the first damper portion is located at the closing position (fig. 8)
Nakamura does not teach
wherein a notch is formed at the second damper portion
Hori teaches
wherein a notch is formed at the second damper portion (as shown on fig. 3, first air mixing door 31 comprises a notch at each corner of the door proximate first rotation shaft 31a)
Nakamura teaches air-mixing door 16 and shaft 16a, however does not further teach the structure of the arrangement. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure of first air mixing door 31 and first rotation shaft 31a of Hori, to Nakamura, in order to provide a damper structure that effectively transmits the rotation of the rotation shaft to the air mixing door, via the structure of Hori including the notched air mixing door 31 and rotation shaft 31a comprising flange 313a and cylindrical portion 317a.
Conclusion
The prior art of record not relied upon includes:
Oinuma (JP2018079715A), Oinuma718 (JP2018079718A), Kato (JP2014148185A), and Chikagawa (US20120057993A1), which teach similar vehicular air conditioning devices comprising aspirators as claimed
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRETT P. MALLON whose telephone number is (571)272-4749. The examiner can normally be reached Monday-Thursday from 8am to 5pm.
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, MICHAEL HOANG can be reached at (571)272-6460. 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.
/BRETT P. MALLON/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
Prosecution Insights