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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 1, lines 5-6: “a cooling unit being housed in the case and configured to cool air flowing through the case;”
Claim 1, lines 7-8: “a heating unit being housed in the case and configured to heat air flowing through the case;”
Claim 1, lines 9-10: “an aspirator configured to introduce air flowing in the case to guide air in the vehicle cabin to a temperature detection unit”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
With regards to the cooling unit, the corresponding structure described in [0012] of the specification is that of an evaporator (“the air conditioning unit 2 further includes an evaporator (cooling unit) 20, an air mixing damper 30, and a heater core (heating unit) 40 which are housed in the case body 10”).
With regards to the heating unit, the corresponding structure described in [0012] of the specification is that of a heater core (“the air conditioning unit 2 further includes an evaporator (cooling unit) 20, an air mixing damper 30, and a heater core (heating unit) 40 which are housed in the case body 10”).
With regards to the temperature detection unit, the corresponding structure described in the specification is that of a temperature sensor (“an aspirator that guides air in the vehicle cabin to a temperature detection unit by introducing air in the case” [0007]; “The aspirator 50 is used to guide the air in the vehicle cabin to the room temperature sensor” [0027]).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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 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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 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);
a cooling unit being housed in the case and configured to cool air flowing through the case (evaporator 12);
a heating unit 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 detection unit (“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 cooling unit and the heating unit 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 connected to 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 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; as shown on annotated fig. 6 below, first direction oriented from left to right; 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)
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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 heating unit (rear wall 32 downstream of heater core 13, as shown on fig. 6)
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oinuma (JP2018079715A), referring to the English translation dated 01/21/2025.
Regarding claim 1, Oinuma teaches
A vehicular air conditioning device for controlling a temperature of air introduced (vehicular air conditioner 10), and supplying the air into a vehicle cabin (via vent blowing port 28, defroster blowing port 30, heat blowing port 32), the vehicular air conditioning device comprising:
a case forming an outer shell and causing air to flow through the case (air conditioning case 14);
a cooling unit being housed in the case and configured to cool air flowing through the case (evaporator 18);
a heating unit being housed in the case and configured to heat air flowing through the case (heater core 20); and
an aspirator (aspirator 24) configured to introduce air flowing in the case to guide air in the vehicle cabin to a temperature detection unit (described in [0037]),
the case integrally including a case upstream portion in which the cooling unit and the heating unit are housed (portion of air conditioning case 14 comprising evaporator 18 heater core 20, and second switching damper 48) and a case downstream portion through which air having flowed through the case upstream portion flows (portion of air conditioning case 14 comprising first switching damper 46),
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 (wall portion 14a on fig. 1A), the second flow path portion being connected to a downstream side of the first flow path portion and causing air to flow in a second direction intersecting the first direction (wall portion above heat duct 34 on fig. 1A, connecting to vent blowing port 28),
the aspirator including an introduction portion (heat duct 34) including an inlet formed at an upstream end of the introduction portion (inlet of cylindrical connecting pipe 36) and being configured to introduce air inside the case from the inlet (as shown by flow arrows on fig. 1A), 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 14 as shown in vertical direction on fig. 1A, between first and second flow path portions; third direction intersecting first and second directions shown on annotated fig. 1A below), and
in the introduction portion, the upstream end being connected to the second flow path portion from the first direction (wall of air conditioning case 14 above heat duct 34 on fig. 1A is connected to upstream side of cylindrical connecting pipe 36; as shown on annotated fig. 1A below, heat duct 34 connected with wall of air conditioning case 14 above heat duct 34 at an overlapping section around shaft portion 50; overlapping portion is connected parallel to the first direction)
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Annotated fig. 1A of Oinuma
Regarding claim 2, Oinuma 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 (cylindrical connecting pipe 36 disposed outside flow of air continuing through air conditioning case 14 toward vent blowing port 28 and defroster blowing port 30 through the second flow path portion)
Regarding claim 3, Oinuma teaches the vehicular air conditioning device according to claim 1,
wherein the second flow path portion is provided on a downstream side of the heating unit (downstream of heater core 20, as shown on fig. 1A)
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) 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 heating unit 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 cooling unit 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 heating unit 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 cooling unit 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 heating unit 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 cooling unit 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.
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oinuma (JP2018079715A), referring to the English translation dated 01/21/2025, in view of Hori (US20070293135A1).
Regarding claim 4, Oinuma teaches the vehicular air conditioning device according to claim 1, further comprising
an air mixing damper (second air mixing damper 42) including
a first damper portion configured to move between a closing position where a heating flow path guiding air to the heating unit is closed and an opening position where the heating flow path is not closed (portion of second air mixing damper 42 distal the rotation shaft, blocking flow across heater core 13 in a closed state as shown on fig. 1A, and in an opened state described in [0039]), and
a second damper portion (portion of second air mixing damper 42 proximate rotation shaft) arranged between the cooling unit and the inlet (between evaporator 18 and connecting pipe 36 in a flow direction) in a state where the first damper portion is located at the closing position (fig. 1A)
Oinuma 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)
Oinuma teaches second air mixing damper 42 comprising a rotation shaft, 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, Oinuma teaches the vehicular air conditioning device according to claim 2, further comprising
an air mixing damper (second air mixing damper 42) including
a first damper portion configured to move between a closing position where a heating flow path guiding air to the heating unit is closed and an opening position where the heating flow path is not closed (portion of second air mixing damper 42 distal the rotation shaft, blocking flow across heater core 13 in a closed state as shown on fig. 1A, and in an opened state described in [0039]), and
a second damper portion (portion of second air mixing damper 42 proximate rotation shaft) arranged between the cooling unit and the inlet (between evaporator 18 and connecting pipe 36 in a flow direction) in a state where the first damper portion is located at the closing position (fig. 1A)
Oinuma 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)
Oinuma teaches second air mixing damper 42 comprising a rotation shaft, 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, Oinuma teaches the vehicular air conditioning device according to claim 3, further comprising
an air mixing damper (second air mixing damper 42) including
a first damper portion configured to move between a closing position where a heating flow path guiding air to the heating unit is closed and an opening position where the heating flow path is not closed (portion of second air mixing damper 42 distal the rotation shaft, blocking flow across heater core 13 in a closed state as shown on fig. 1A, and in an opened state described in [0039]), and
a second damper portion (portion of second air mixing damper 42 proximate rotation shaft) arranged between the cooling unit and the inlet (between evaporator 18 and connecting pipe 36 in a flow direction) in a state where the first damper portion is located at the closing position (fig. 1A)
Oinuma 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)
Oinuma teaches second air mixing damper 42 comprising a rotation shaft, 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:
Oinuma718 (JP2018079718A), Kato (JP2014148185A), and Chikagawa (US20120057993A1), which teach similar vehicular air conditioning devices comprising aspirators as claimed
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.
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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.
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/BRETT P. MALLON/Examiner, Art Unit 3762
/MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762