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 .
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed on 04/21/2024 has been acknowledged
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP21290069.0, filed on 10/26/2021.
Status of Application
Claims 1-20 are pending.
Claims 1 and 10 are the independent claims.
Claims 18 have been cancelled.
Claims 19-20 are new
This Final Office Action is in response to the “Amendments and Remarks” received on 11/11/2025.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12, 14-15, and 17 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 3-8, and 10-15 of copending Application No. 18637444 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same inventive functions of cleaning environmental air, comprising: a receptable configured to receive a filter, so that the filter when installed in the receptacle is instream with a heat radiator of a vehicle when air is flowing, the heat radiator for cooling coolant fluid, the coolant fluid for transporting heat from a part of the vehicle to be cooled to the heat radiator; and a controlling circuit for controlling a fan placeable in relation to the radiator so that at least part of the air flow is produced by the fan, when the fan is operating; wherein the controlling circuit is configured to: determine if environmental requires cleaning; when it is determined that environmental air requires cleaning, operate the fan when a vehicle speed is within a speed range of fan influence; and not operate the fan when a vehicle speed is out of the speed range of fan influence.
This is a provisional non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant App Claims
Reference App 18637444 Claims
Claim 1 A system for cleaning environmental air, comprising:
a receptable configured to receive a filter, so that the filter when installed in the receptacle is instream in an airstream with a heat radiator of a vehicle when air is flowing, the heat radiator for cooling coolant fluid, the coolant fluid for transporting heat from a part of the vehicle to be cooled to the heat radiator;
and a controlling circuit for controlling a fan placeable in relation to the radiator so that at least part of the air flow is produced by the fan, when the fan is operating; wherein the controlling circuit is configured to:
determine if environmental requires cleaning; when it is determined that environmental air requires cleaning,
operate the fan when a vehicle speed is within a speed range of fan influence;
and not operate the fan when a vehicle speed is out of the speed range of fan influence.
Claim 1 A system for cleaning environmental air, comprising:
a receptable configured to receive a filter, so that the filter when installed in the receptacle is instream with a heat radiator of a vehicle when air is flowing, the heat radiator for cooling coolant fluid, the coolant fluid for transporting heat from a part of the vehicle to be cooled to the heat radiator;
and a controlling circuit for controlling a fan placeable in relation to the radiator so that at least part of the air flow is produced by the fan, when the fan is operating, wherein the controlling circuit is configured to:
determine if environmental requires cleaning; when it is determined that environmental air requires cleaning,
operate the fan when a vehicle speed is within a speed range of fan influence;
not operate the fan when a vehicle speed is out of the speed range of fan influence;
Claim 7: the airstream.
Claim 2 The system of claim 1, wherein the controlling circuit is configured:
to obtain air quality data information from exterior air;
and to determine that air is polluted, by comparing the air quality data indicating a pollution level to a pre-determined pollution threshold and determining that the pollution level is higher than the pre-determined pollution threshold.
Claim 1
obtain air quality data information from exterior air;
determine if environmental requires cleaning, by comparing the air quality data indicating a pollution level to a pre-determined pollution threshold and determining that the pollution level is higher than the pre-determined pollution threshold;
Claim 3 The system of claim 1, wherein the controlling circuit is configured to:
obtain a location of the vehicle;
obtain urbanization data indicating whether the location of the vehicle is or is not in an area requiring air cleaning, wherein the urbanization data is obtained from a database comprising a digital representation of a map;
block air flow through the filter and/or not operate the fan if the urbanization data indicates that the location of the vehicle is not in an area requiring air cleaning;
and allow air flow through the filter if the urbanization data indicates that the location of the vehicle is in an area requiring air cleaning.
Claim 3 The system of claim 1, wherein the controlling circuit is configured to:
obtain a location of the vehicle;
obtain urbanization data indicating whether the location of the vehicle is or is not in an area requiring air cleaning, wherein the urbanization data is obtained from a database comprising a digital representation of a map;
block air flow through the filter and/or not operate the fan if the urbanization data indicates that the location of the vehicle is not in an area requiring air cleaning;
and allow air flow through the filter if the urbanization data indicates that the location of the vehicle is in an area requiring air cleaning.
Claim 4 The system of claim 1, wherein the controlling circuit is configured to: block air flow through the filter when the vehicle speed is higher than a predetermined upper speed.
Claim 4 The system of claim 1, wherein the controlling circuit is configured to block air flow through the filter when the vehicle speed is higher than a pre-determined upper speed.
Claim 5 The system of claim 1, wherein the controlling circuit is configured to protect the filter in case of an adverse weather event selected from at least one of: snow, rain, sandstorm, volcanic ash fall, and wherein to protect the filter comprises:
obtaining weather data;
determining if the weather data indicates that an adverse weather event is occurring;
and blocking air flow through the filter if it is determined that an adverse weather event is occurring.
Claim 5 The system of claim 1, wherein the controlling circuit is configured to protect the filter in case of an adverse weather event selected from at least one of: snow, rain, sandstorm, volcanic ash fall, and wherein to protect the filter comprises:
obtaining weather data;
determining if the weather data indicates that an adverse weather event is occurring;
and blocking air flow through the filter if it is determined that an adverse weather event is occurring.
Claim 6 The system of claim 1, wherein the controlling circuit is configured to:
obtain battery charge level data indicating a battery charge level;
obtain a temperature data representing a regulating temperature of a part of the vehicle;
not operate the fan if the battery charge level is below a pre-defined reserve charge, and if the regulating temperature is within a pre-defined normal operation temperature range;
and operate the fan if the regulating temperature is above the pre-defined normal operation temperature range.
Claim 6 The system of claim 1, wherein the controlling circuit is configured to:
obtain battery charge level data indicating a battery charge level;
obtain a temperature data representing a regulating temperature of a part of the vehicle;
not operate the fan if the battery charge level is below a pre-defined reserve charge, and if the regulating temperature is within a pre-defined normal operation temperature range;
and operate the fan if the regulating temperature is above the pre-defined normal operation temperature range.
Claim 7 The system of claim 6, wherein the controlling circuit is configured to: if the regulating temperature of the cooling fluid is above a pre-defined critical temperature range, reduce air flow impedance sensed by the airstream.
Claim 7 The system of claim 6, wherein the controlling circuit is configured to, if the regulating temperature of the cooling fluid is above a pre-defined critical temperature range, reduce air flow impedance sensed by the airstream.
Claim 8 The system of claim 1, wherein the controlling circuit is configured to:
obtain location data indicating a location of the vehicle;
obtain the current time;
acquire from a regulatory database a sound intensity limit data indicative of the sound intensity limit for the location of the vehicle at the current time;
and limit a rotational speed of the fan to a speed which corresponds to the sound intensity limit.
Claim 8 The system of claim 1, wherein the controlling circuit is configured to:
obtain location data indicating a location of the vehicle;
obtain the current time;
acquire from a regulatory database a sound intensity limit data indicative of the sound intensity limit for the location of the vehicle at the current time;
and limit a rotational speed of the fan to a speed which corresponds to the sound intensity limit.
Claim 9 An electric or hybrid vehicle comprising the system of claim 1, wherein the part of the vehicle is a battery, and the battery is a main battery of the vehicle.
Claim 10 An electric or hybrid vehicle comprising the system of claim 1, wherein the part of the vehicle is a battery, and the battery is a main battery of the vehicle.
Claim 10 A method of cleaning environmental air for an airstream flowing through portion of a vehicle front-end air cooling system comprising
a heat radiator and a filter, the heat radiator for cooling coolant fluid, the coolant fluid for transporting heat from a part of the vehicle to the heat radiator, the method comprising, by a controlling circuit comprising a microprocessor:
determining that environmental air requires cleaning;
determining that a vehicle speed is within a speed range of fan influence;
and upon said determination, operating the fan; wherein determining that environmental air requires cleaning comprises:
obtaining air quality data indicating a pollution level from exterior air;
and comparing the pollution level to a pre-determined pollution threshold and determining that the pollution level is higher than the pre-determined pollution threshold.
Claim 11 A method of cleaning environmental air for an airstream flowing through portion of a vehicle front-end air cooling system comprising
a heat radiator and a filter, the heat radiator for cooling coolant fluid, the coolant fluid for transporting heat from a part of the vehicle to the heat radiator, the method comprising, by a controlling circuit comprising a microprocessor:
determining that environmental air requires cleaning;
determining that a vehicle speed is within a speed range of fan influence;
upon said determination, operating the fan; wherein determining that environmental air requires cleaning comprises:
obtaining air quality data indicating a pollution level from exterior air;
and comparing the pollution level to a pre-determined pollution threshold and determining that the pollution level is higher than the pre-determined pollution threshold.
Claim 11 The method of claim 10, comprising determining, by the controlling circuit, that the vehicle speed is out of the speed range of fan influence and not operating the fan.
Claim 12 The method of claim 11, comprising determining, by the controlling circuit, that the vehicle speed is out of the speed range of fan influence and not operating the fan;
Claim 12 The method of claim 10, comprising:
obtaining a location of the vehicle;
obtaining urbanization data indicating whether the location of the vehicle is or is not in an area requiring air cleaning, wherein urbanization data is obtained from a database comprising a digital representation of a map;
determining, by the controlling circuit, that the urbanization data indicates that the location of the vehicle is not in an area requiring air cleaning, and blocking air flow through the filter;
or determining, by the controlling circuit, that the urbanization data indicates that the location of the vehicle is in an area requiring air cleaning and allowing air flow through the filter.
Claim 13 The method of claim 11, comprising:
obtaining a location of the vehicle;
obtaining urbanization data indicating whether the location of the vehicle is or is not in an area requiring air cleaning, wherein urbanization data is obtained from a database comprising a digital representation of a map;
determining, by the controlling circuit, that the urbanization data indicates that the location of the vehicle is not in an area requiring air cleaning, and blocking air flow through the filter;
or determining, by the controlling circuit, that the urbanization data indicates that the location of the vehicle is in an area requiring air cleaning and allowing air flow through the filter.
Claim 14 The method of claim 10, further comprising:
obtaining weather data;
determining, by the controlling circuit, if the weather data indicates that an adverse weather event is occurring;
and blocking air flow through the filter if it is determined that an adverse weather event is occurring, wherein the adverse weather event is at least one of: snow, rain, sandstorm, volcanic ash fall.
Claim 14 The method of claim 11, further comprising:
obtaining weather data;
determining, by the controlling circuit, if the weather data indicates that an adverse weather event is occurring;
and blocking air flow through the filter if it is determined that an adverse weather event is occurring, wherein the adverse weather event is at least one of: snow, rain, sandstorm, volcanic ash fall.
Claim 15 The method of claim 10, comprising:
obtaining battery charge level data indicating a battery charge level,
and obtaining a temperature data representing a regulating temperature of a part of the vehicle;
determining that the battery charge level is below a pre-defined reserve charge;
and determining that the regulating temperature is within a predefined normal operation temperature range;
and not operating the fan.
Claim 15 The method of claim 11, comprising
obtaining battery charge level data indicating a battery charge level,
and obtaining a temperature data representing a regulating temperature of a part of the vehicle;
determining that the battery charge level is below a pre-defined reserve charge;
and determining that the regulating temperature is within a pre-defined normal operation temperature range;
and not operating the fan;
Claim 17 The method of claim 10, comprising:
obtaining location data indicating a location of the vehicle;
obtaining the current time;
acquiring from a regulatory database a sound intensity limit data indicative of the sound intensity limit for the location of the vehicle at the current time;
and limiting a rotational speed of the fan to a speed which corresponds to the sound intensity limit.
Claim 15 The method of claim 11, comprising
obtaining location data indicating a location of the vehicle;
obtaining the current time;
acquiring from a regulatory database a sound intensity limit data indicative of the sound intensity limit for the location of the vehicle at the current time;
and limiting a rotational speed of the fan to a speed which corresponds to the sound intensity limit.
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) 1-3, 5-7, 9-12, 14-16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US-20190118140-A1 to Fingland et. al.(“Fingland”) as modified by WO-2019110223-A1 to Epli et. al. (“Epli”).
Regarding claim 1, Fingland teaches a system for cleaning environmental air, comprising (Fingland Abstract):
Coolant fluid for transporting heat from a part of the vehicle to be cooled to the heat radiator (Fingland [0038]).
a controlling circuit for controlling a fan placeable in relation to the radiator (Fingland [0038] “radiator fan”) so that at least part of the air flow is produced by the fan, when the fan is operating (Fingland Claim 1 and [0033] & [0042] & [0038] “Further, the air treatment component 112 may include at least one of a catalytically active surface or a particulate filter. The catalytically active surface may be provided on any surface of the vehicle 100 that is selectively exposed to ambient air by the flow control structure 106. Further, the catalytically active surface may be any surface whose temperature is elevated during operation of the vehicle 100. The elevated temperature may facilitate the catalytic reaction that removes the pollutant from ambient air. The catalytically active surface may be provided on outer surfaces or finned surfaces of various components, for example, but not limited to, a radiator, an air conditioning condenser, a radiator fan” and ref 110 “controller”);
wherein the controlling circuit is configured to:
determine if environmental air requires cleaning (Fingland Fig. 11 and [0045] and [0073] “The controller 110 may receive the data and/or signals related to the various parameters from the onboard sensors 114, the rain sensor 115, the database 116, the remote sensors 118 and/or the ECU 124. In an embodiment, the controller 110 may determine the quality of ambient air based on signals received from the onboard sensors 114.”);
when it is determined that environmental air requires cleaning, operate the fan when a vehicle speed is within a speed range of fan influence; and not operate the fan when a vehicle speed is out of the speed range of fan influence (Fingland [0044] and [0074] “At step 1106, the method 1100 includes movably adjusting the flow control structure 106 to control flow of ambient air to the air treatment component 112 based on the received data and/or signals.”).
Fingland does not teach a receptable configured to receive a filter, so that the filter when installed in the receptacle is instream in an airstream with a heat radiator of a vehicle when air is flowing, the heat radiator for cooling coolant fluid. However, Epli teaches a receptable configured to receive a filter (Epli Claim 1 “which has at least one air inlet opening (6) in a front area, behind which an ambient air cleaning device (2) is arranged”), so that the filter when installed in the receptacle is instream in an airstream (Elpi Description “flow of cooling air”) with a heat radiator of a vehicle when air is flowing, the heat radiator for cooling coolant fluid (Epli Description “The ambient air cleaning device tion can optionally be arranged in front of or behind the at least one heat exchanger in the direction of travel or in front of or behind the fan or between the heat exchanger and the ventilator… coolant radiator”). Epli also discloses a system for cleaning environmental air (Epli Claim 1), comprising: a controlling circuit for controlling a fan (Epli Description “The fan or the blower can be electrically driven by an auxiliary drive or driven directly by the drive motor of the motor vehicle, wherein in the latter case a switchable coupling can be provided.”) placeable in relation to the radiator so that at least part of the air flow is produced by the fan, when the fan is operating (Epli Description “The ambient air cleaning device tion can optionally be arranged in front of or behind the at least one heat exchanger in the direction of travel or in front of or behind the fan or between the heat exchanger and the ventilator.”); wherein the controlling circuit is configured to: determine if environmental air requires cleaning; when it is determined that environmental air requires cleaning, operate the fan when a vehicle speed is within a speed range of fan influence; and not operate the fan when a vehicle speed is out of the speed range of fan influence (Epli Description “The fan or the blower serves to supply air to the ambient air cleaning device in those operating states of the motor vehicle in which the driving speed is too low.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the system of Fingland to incorporate the teachings of Epli such that the system is for cleaning environmental air comprising: a receptable configured to receive a filter, so that the filter when installed in the receptacle is instream in an airstream with a heat radiator of a vehicle when air is flowing, the heat radiator for cooling coolant fluid and a controlling circuit for controlling a fan placeable in relation to the radiator so that at least part of the air flow is produced by the fan, when the fan is operating; wherein the controlling circuit is configured to: determine if environmental air requires cleaning; when it is determined that environmental air requires cleaning, operate the fan when a vehicle speed is within a speed range of fan influence; and not operate the fan when a vehicle speed is out of the speed range of fan influence. Doing so would allow for motor vehicles to have an ambient air cleaning device in the front area, for particle filtration (Epli Description – State of the art).
Regarding claim 2, Fingland as modified by Epli teaches all of the elements of the current invention in claim 1. Fingland further discloses that the controlling circuit is configured: to obtain air quality data information from exterior air (Fingland Abstract “The controller is configured to control the actuator based on at least a quality of ambient air”); and to determine that air is polluted, by comparing the air quality data indicating a pollution level to a pre-determined pollution threshold and determining that the pollution level is higher than the pre-determined pollution threshold (Fingland [0037] & [0045]).
Regarding claim 3, Fingland as modified by Epli teaches all of the elements of the current invention in claim 1. Fingland further discloses that the controlling circuit is configured to: obtain a location of the vehicle; obtain urbanization data indicating whether the location of the vehicle is or is not in an area requiring air cleaning, wherein the urbanization data is obtained from a database comprising a digital representation of a map (Fingland [0036] – [0037]); block air flow through the filter and/or not operate the fan if the urbanization data indicates that the location of the vehicle is not in an area requiring air cleaning; and allow air flow through the filter if the urbanization data indicates that the location of the vehicle is in an area requiring air cleaning (Fingland [0046]).
Regarding claim 5, Fingland as modified by Epli teaches all of the elements of the current invention in claim 1. Fingland further discloses that the controlling circuit is configured to protect the filter in case of an adverse weather event selected from at least one of: snow, rain, sandstorm, volcanic ash fall, and wherein to protect the filter comprises: obtaining weather data; determining if the weather data indicates that an adverse weather event is occurring; and blocking air flow through the filter if it is determined that an adverse weather event is occurring (Fingland [0035] & [0048]).
Regarding claim 6, Fingland as modified by Epli teaches all of the elements of the current invention in claim 1. Fingland further discloses that the controlling circuit is configured to: obtain battery charge level data indicating a battery charge level; obtain a temperature data representing a regulating temperature of a part of the vehicle (Fingland [0009] “control the actuator based on multiple parameters, for example, but not limited to, a vehicle performance, a location of the vehicle and a temperature of an engine of the vehicle.” and [0043]); not operate the fan if the battery charge level is below a pre-defined reserve charge, and if the regulating temperature is within a pre-defined normal operation temperature range; and operate the fan (Fingland [0038] “radiator fan”) if the regulating temperature is above the pre-defined normal operation temperature range (Fingland [0028], [0043], and [0047] and [0074] “At step 1106, the method 1100 includes movably adjusting the flow control structure 106 to control flow of ambient air to the air treatment component 112 based on the received data and/or signals.”).
Regarding claim 7, Fingland as modified by Epli teaches all of the elements of the current invention in claim 6. Fingland further discloses that the controlling circuit is configured to: if the regulating temperature of the cooling fluid is above a pre-defined critical temperature range, reduce air flow impedance sensed by the airstream (Fingland [0043] “the onboard sensors 114 may include a temperature sensor for determining a temperature of the catalytically active surface of the air treatment component 112. The controller 110 may then control the actuator 108 based on the temperature of the air treatment component 112.”).
Regarding claim 9, Fingland as modified by Epli teaches all of the elements of the current invention in claim 1. Fingland further discloses an electric or hybrid vehicle, wherein the part of the vehicle is a battery, and the battery is a main battery of the vehicle (Fingland [0038] “The catalytically active surface may be provided on outer surfaces or finned surfaces of various components, for example, but not limited to, … an electrical power source (such as, a battery), …”).
Regarding claim 10, Fingland teaches a method of cleaning environmental air for an airstream (Fingland [0030]) flowing through portion of a vehicle front-end air cooling system comprising (Fingland Abstract and Claim 13):
Coolant fluid for transporting heat from a part of the vehicle to be cooled to the heat radiator (Fingland [0038]).
a filter (Fingland ref 308 “air treatment component”),
the method comprising, by a controlling circuit comprising a microprocessor (Fingland ref 110 “controller”):
determining that environmental air requires cleaning (Fingland Fig. 11 and [0045]);
determining that a vehicle speed is within a speed range of fan influence (Fingland [0038] “radiator fan”); and upon said determination, operating the fan (Fingland [0044] “In another embodiment, the controller 110 may control the actuator 108 based on a speed of the vehicle 100. A threshold speed of the vehicle 100 may be required to ensure adequate flow of ambient air to the air treatment component 112.” and [0074] “At step 1106, the method 1100 includes movably adjusting the flow control structure 106 to control flow of ambient air to the air treatment component 112 based on the received data and/or signals.”);
wherein determining that environmental air requires cleaning comprises: obtaining air quality data indicating a pollution level from exterior air (Fingland Abstract “The controller is configured to control the actuator based on at least a quality of ambient air”); and comparing the pollution level to a pre-determined pollution threshold and determining that the pollution level is higher than the pre-determined pollution threshold (Fingland Fig. 11 and [0037] & [0045]).
Fingland does not teach a heat radiator, the heat radiator for cooling coolant fluid. However, Epli teaches a heat radiator, the heat radiator for cooling coolant fluid. (Epli Description “The ambient air cleaning device tion can optionally be arranged in front of or behind the at least one heat exchanger in the direction of travel or in front of or behind the fan or between the heat exchanger and the ventilator.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the system of Fingland to incorporate the teachings of Epli such that the system comprises a heat radiator, the heat radiator for cooling coolant fluid. Doing so would allow for motor vehicles to have an ambient air cleaning device in the front area, for particle filtration (Epli Description – State of the art).
Regarding claim 11, Fingland as modified by Epli teaches all of the elements of the current invention in claim 10. Fingland further discloses determining, by the controlling circuit, that the vehicle speed is out of the speed range of fan influence and not operating the fan (Fingland [0044] “In another embodiment, the controller 110 may control the actuator 108 based on a speed of the vehicle 100. A threshold speed of the vehicle 100 may be required to ensure adequate flow of ambient air to the air treatment component 112.”).
Regarding claim 12, Fingland as modified by Epli teaches all of the elements of the current invention in claim 10. Fingland further discloses that the method further comprises: obtaining a location of the vehicle; obtaining urbanization data indicating whether the location of the vehicle is or is not in an area requiring air cleaning, wherein urbanization data is obtained from a database comprising a digital representation of a map (Fingland [0036] – [0037]); determining, by the controlling circuit, that the urbanization data indicates that the location of the vehicle is not in an area requiring air cleaning, and blocking air flow through the filter; or determining, by the controlling circuit, that the urbanization data indicates that the location of the vehicle is in an area requiring air cleaning and allowing air flow through the filter (Fingland [0046]).
With respect to claims 14-16, all limitations have been examined with respect to the system in claims 5-7. The system taught/disclosed in claims 5-7 can clearly perform the method of claims 14-16. Therefore claims 14-16 are rejected under the same rationale.
Regarding claim 19, Fingland as modified by Epli teaches all of the elements of the current invention in claim 1. Fingland further discloses that the system further includes a bypass, permitting air flow to bypass the filter, the bypass openable and closable under commands from the controlling circuit (Fingland Fig. 1 and [0031] “flow control structure 106 includes multiple grill shutters 120 that can be movably adjusted by the actuator 108.” And [0043] “controller 110 may regulate the actuator 108 to move the grill shutters”); wherein the controlling circuit commands the bypass to move to a closed, open, or partially open position (Fingland [0031] “the grill shutters 120 may be movable between an open position or state (shown in FIG. 1) and a closed position or state (shown in FIG. 2).”); wherein the bypass, when in the open position, allows the airstream to bypass the filter and yet still flow through the heat radiator, thereby reducing an airstream impedance, allowing more air to flow through the heat radiator to provide improved cooling (Fingland [0043] “Specifically, when the temperature of the engine and/or the air treatment component 112 is above the threshold temperature, the controller 110 may regulate the actuator 108 to move the grill shutters 120 to the open position. Ambient air may then flow to the air treatment component 112 and contacts the catalytically active surface.”); wherein one end of the bypass is upstream of the filter and another end of the bypass is downstream of the filter (Fingland Fig. 1 ref 120 and 112).
Regarding claim 20, Fingland as modified by Epli teaches all of the elements of the current invention in claim 1. Fingland further discloses that the controlling circuit controls the bypass according to a pressure drop across the filter and/or the vehicle speed and/or a regulating temperature of a part of the vehicle (Fingland [0043] “Specifically, when the temperature of the engine and/or the air treatment component 112 is above the threshold temperature, the controller 110 may regulate the actuator 108 to move the grill shutters 120 to the open position. Ambient air may then flow to the air treatment component 112 and contacts the catalytically active surface.”).
Claim(s) 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fingland as modified by Epli and further in view of US-20140295749-A1 (“Hijikata”).
Regarding claim 4, Fingland as modified by Epli teaches all of the elements of the current invention in claim 1. Fingland as modified by Epli does not teach that the controlling circuit is configured to: block air flow through the filter when the vehicle speed is higher than a predetermined upper speed. However, Hijikata teaches that the controlling circuit is configured to: block air flow through the filter when the vehicle speed is higher than a predetermined upper speed (Hijikata [0052] – [0053]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Hijikata to Fingland as modified by Epli such that the controlling circuit is configured to: block air flow through the filter when the vehicle speed is higher than a predetermined upper speed. Doing so would prevent the engine from being excessively cooled during continuous high-speed running (Hijikata [0006]).
With respect to claim 13, all limitations have been examined with respect to the system in claim 4. The system taught/disclosed in claim 4 can clearly perform the method of claim 13. Therefore claims 13 is rejected under the same rationale.
Claim(s) 8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fingland as modified by Epli and further in view of US-20190292975-A1 to Hou et. al. (“Hou”).
Regarding claim 8, Fingland as modified by Epli teaches all of the elements of the current invention in claim 1. Fingland further discloses obtaining location data indicating a location of the vehicle; obtaining a current time; acquiring from a regulatory database various parameters for the location of the vehicle at the current time (Fingland [0037] “The controller 110 may further retrieve the ambient air quality data corresponding to the current location of the vehicle 100 from the database 116.” It can be implied the current time is obtained from the current location data); and limit a rotational speed of the fan to a speed which corresponds to the various parameters (Fingland Fig. 11 ref 1104-1106 and [0074] “At step 1106, the method 1100 includes movably adjusting the flow control structure 106 to control flow of ambient air to the air treatment component 112 based on the received data and/or signals.”).
Fingland as modified by Epli does not teach that the various parameters is a sound intensity limit data indicative of the sound intensity limit for the location of the vehicle at the current time; and limit a rotational speed of the fan to a speed which corresponds to the sound intensity limit. However, Hou teaches acquiring from a regulatory database a sound intensity limit data indicative of the sound intensity limit for the location of the vehicle at the current time (Hou [0058] “The locations of these low noise areas may be stored in memory 206. The controller 202 may compare the current location (e.g., as provided by the GPS) with the locations of the low noise areas stored in the memory to determine whether or not the vehicle is in a low noise area.”) and limit a rotational speed of the fan to a speed which corresponds to the sound intensity limit (Hou [0057] “the controller 202 is configured to reduce the target fan speed of the fan 138 to reduce a noise level associated with operation of the fan 138.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Hou to Fingland as modified by Epli such that the controlling circuit is configured to: acquire from a regulatory database a sound intensity limit data indicative of the sound intensity limit for the location of the vehicle at the current time; and limit a rotational speed of the fan to a speed which corresponds to the sound intensity limit. Doing so would minimize operation sound in certain locations and times, such as residential areas (Hou [0057]).
With respect to claim 17, all limitations have been examined with respect to the system in claim 8. The system taught/disclosed in claim 8 can clearly perform the method of claim 17. Therefore claim 17 is rejected under the same rationale.
Response to Arguments/Remarks
With respect to Applicant’s remarks filed on 11/11/2025; Applicant's “Amendments and Remarks” have been fully considered. Applicant’s remarks will be addressed in sequential order as they were presented.
Office Note: Claim 18 has been cancelled, therefore any rejection or objection pertaining thereupon is now considered moot.
With respect to the claim rejections under Non-Statutory Double Patenting, applicants “Amendment and Remarks” have been fully considered. The rejection has been updated so the double patenting rejection is a provisional non-statutory double patenting.
With respect to the claim rejections under 35 U.S.C. § 112 (b), applicants “Amendment and Remarks” have been fully considered.
With respect to the claim rejections under 35 U.S.C. § 103, applicants “Amendment and Remarks” have been fully considered. Applicant has amended the independent claim and these amendments have changed the scope of the original application (an airstream was not required previously in independent claim 1) and the Office has supplied new grounds for rejection attached below in the FINAL office action and therefore the prior arguments are considered moot. However, even though applicant has amended the scope of the claims and the Office has provided new mapping of cited prior art below, the Office is still using the same cited prior art, thus the Office will attempt to address all remarks that remain relevant.
Applicant remarks:
Claim 1/Claim 10/Claim 11: Respectfully, The Office Action at page 6 contends that US 2019/0118140 A1 to Fingland teaches: - "A controlling circuit for controlling a fan placeable in relation to the radiator so that at least part of the air flow is produced by the fan, when the fan is operating;" Respectfully we disagree. In a fair reading of Fingland, and in reference to Fingland Fig 1, Fingland teaches a "controller 110" in communication with onboard sensors 114, 115, and controlling an actuator 108 through drive assembly 112 to adjust grill shutters 120 on a front face of the vehicle. Contrary to the rejection, in fact, Fingland is lacking any disclosure of any connection between Fingland's controller 110 and a fan. Instead, Fingland in [0044] and Fig 1 teaches, verbatim:
Claim 6: While Fingland discloses in [0028] "the vehicle 100 may be a battery electric vehicle (BEV)", Fingland fails to teach, disclose or suggest the controller "obtain not operate the fan if the battery charge level battery charge level data and is below a pre-defined charge level" as required in applicant's claim 6.
Claim 7: Respectfully, we find this not to be true. We believe fatal to the rejection of claim 7, Fingland in view of Epli fails to teach, disclose or fairly suggest the claim language of applicant's claims 6 and 7, specifically: " the controlling circuit is configured to: obtain a temperature data representing a regulating temperature of a part of the vehicle;" "If the regulating temperature of the cooling fluid is above a pre-defined critical temperature range, reduce air flow impedance sensed by the airstream." Fingland instead teaches onboard sensors 114, i.e.: a rain sensor 114, ambient air quality sensors 114, and "a temperature sensor for determining a temperature of the catalytically active surface of the air treatment component 112". There is no mention of regulating temperature of the cooling fluid. Fingland teaches the onboard sensors are disposed on an external surface of the vehicle contacting ambient air, or provides at a location in the vehicle exposed to ambient air (sensing quality of ambient air). (i.e., none of the sensors are obtaining temperature data representing cooling fluid regulating temperature, as required by applicants claims 6 and 7).
Claim 8: We find no support in Saito for obtaining location data indicating location of the vehicle anywhere within Saito. Regarding "acquire from a regulatory database a sound intensity limit data indicative of the sound intensity limit for the location of the vehicle at the current time; and limit a rotational speed of the fan to a speed which corresponds to the sound intensity limit." (2).
Office Response:
Claim 1/ Claim 10/Claim 11: Using the same art, claim 1 has been remapped to clarify the connection between Fingland’s controller and a fan. Additionally, Elpi has also been remapped to disclose a fan and show that both Fingland and Elpi teach a fan.
Claim 6: Like applicant cited, the vehicle may be a battery electric vehicle. Additionally, in [0047], vehicle performance based on fuel efficiency is determined. For an electric vehicle, fuel is directly related to battery charge level. Furthermore, please check the additional mapping from the already cited references on the fan in remapped claim 6 and claim 1.
Claim 7: See the new remapping of Fingland for claim 6 “obtain a temperature data representing a regulating temperature of a part of the vehicle” and claim 7 “If the regulating temperature of the cooling fluid is above a pre-defined critical temperature range, reduce air flow impedance sensed by the airstream.”. The measuring of temperature of the air treatment component, which includes a radiator and/or power steering fluid cooler, whose purpose is to cool coolant fluid, would also measure the temperature of a cooling fluid. Additionally, claim 6 does not require the temperature of the cooling fluid.
Claims 14-16: Please see remarks for claims 6-7.
Claims 8 and 17: Please see new mapping for these claims.
Therefore the Office's respectfully disagrees with applicant’s arguments.
It is the Office’s stance that all of applicant arguments have been considered and the rejections remain. Applicant further argues that the other independent claims which recite similar features are allowable and the dependent claims are also allowable since they depend on allowable subject and the Office respectfully disagrees. It is the Office's stance that all of the claimed subject matter has been properly rejected; therefore, the Office's respectfully disagrees with applicant’s arguments.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).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 extension fee 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 date of this final action.
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/J.N./Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666