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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "cooling system," "evaporator having a second fin," "second thermal transfer medium circulated by the compressor," and "both evaporator and condenser cooling and extracting heat from the second thermal transfer medium" must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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: “a cooling system” in claims 7 and 10.
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.
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.
The “cooling system” is not sufficiently described in the specification for performing the claimed function of cooling power train (see paragraphs 52-53 and 96).
Claim limitation “cooling system that cools” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The original disclosure neither includes the limitations "cooling system," and "cooling system that cools power train," nor describes any structural element capable of producing cooling to cool the power train. In addition, the disclosure does not identify the power train system or any structural arrangement that cools the power train system. For examination purposes, the above limitation is interpreted as ‘-- a fluid or fluid flow --’. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 7-10 and 12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The newly added limitations, "cooling system that cools a power train," in claims 7 and 12, "evaporator having second fin," in claim 8, and "second thermal transfer medium circulated by the compressor," "evaporator… cools the second thermal transfer medium," and "condenser heats first medium by second thermal transfer medium" in claim 12 are not supported by the original disclosure (see paragraphs 21-22, 30-34, 52-55, 96 and 101-103). The specification does not provide a description of a cooling system that cools a power train, or any structural elements that constitute a cooling system for cooling a power train. The specification also does not contain additional fins other than fins (58) within the grille shutter (56), which are placed in front of the radiator (see paragraphs 37-42) and no additional fin is placed within or around evaporator. In addition, the specification is silent about evaporator and condenser cooling or extracting heat from the second thermal transfer medium (as claimed in claim 12). Also, in the specification, compressor is used within a refrigerant circuit and not in any other fluid circulation circuits. Applicant has not provided references from the specification, for all of the above-mentioned limitations. Appropriate correction is required.
Claims 9-10 are also rejected by virtue of being dependent upon the rejected base claims.
Claims 1 and 12 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.
In claim 1, the limitation, “the second thermal transfer medium circulating through the heater core” is confusing in light of the newly added limitations “the first thermal transfer medium circulates to heat core via condenser” and “the heat core exchanges heat between first medium and air” because the heat core is described in the original disclosure as placed within the first medium circulation circuit. Appropriate correction is required.
Claims 2-12 are also rejected by virtue of being dependent upon the rejected base claim.
In claim 12, the limitation, “evaporator cools the second thermal transfer medium” and “condenser heats the first medium by the second thermal transfer medium” are confusing because the second thermal transfer medium circulated by the compressor removes heat from the second thermal transfer medium at the condenser, and absorbs heat at the evaporator, in a conventional heat medium/refrigerant circulation circuit; however, the claim requires heat removal from and cooling of the second thermal transfer medium at both the condenser and the evaporator. For examination purposes, the above limitations are interpreted as ‘-- evaporator heats the second medium, --’ and ‘-- condenser cools the second medium --’. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3 and 5-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawano (US 2021/0316594 A1) and in view of Srivastava (US 2021/0291640 A1).
In regards to claim 1, Kawano teaches a vehicle air conditioning system (air conditioner system of a vehicle, see abstract and fig. 1), comprising:
a first medium circulation circuit (fluid circuit with passage 23, see fig. 1);
a heater core (heater core 22, heat exchanger 51) at which, when generating air-conditioned air for air conditioning of inside of a vehicle cabin (ventilation air supplied to target space, see paragraph 32), heat exchange is performed between a first thermal transfer medium (water, see paragraph 22) that is circulated during a heating operation of the inside of the vehicle cabin (heat core releasing heat to ventilation air, see paragraph 32) and the air-conditioned air (heat exchange, at heater core 22, between ventilation air W being supplied to the target space, which is conditioned by evaporator 16, and the water flowing through heater core 22, see fig. 1, and paragraphs 67-68; also see heat exchange at HX 51, paragraphs 102-104),
the heater core being disposed on the first medium circulation circuit (heater core 22 being disposed on water flow circuit connected to passage 23 via junction 25, see fig. 1 and paragraph 67);
a condenser (condenser 12 with condensing portion 12a, see paragraph 44 and fig. 1) that is disposed on the first medium circulation circuit (passage 23 passing through condenser 12, see fig. 1);
a first pump (pump 27) that is disposed on the first medium circulation circuit (pump 27 on passage 23, see fig. 1) and is configured to circulate the first thermal transfer medium from the first pump to the heater core via the condenser (pump 27 supplies water through condenser 12 to heater core 22, see fig. 1 and paragraphs 78, 88);
a radiator (radiator 21, heat exchanger 16) that is configured to enable heat absorption from a second thermal transfer medium (water within circuit 50, see fig. 1) that is input after circulating from outside air (outside air OA flowing across radiator 21, see fig. 1) that is introduced, by the second thermal transfer medium circulating through the heater core (see water passing through junctions 25 and 44, directed through radiator 21, fig. 1);
a grille shutter (shutter 31) that includes a first fin (see multiple blades of shutter 31, fig. 1 and paragraph 86), and opens forward of a vehicle by rotating the first fin such that outside air ahead of the vehicle is introduced into the radiator (see outside air OA passing through open blades of shutter 31 to flow across radiator 21, see fig. 1 and paragraphs 86, 130);
a first temperature detector (sensor 73b) that detects a first temperature, the first temperature being a temperature of the second thermal transfer medium input to the radiator (see paragraph 135 and fig. 3);
a second temperature detector (sensor 72b) that detects a second temperature, the second temperature being a temperature of the outside air introduced into the radiator (see paragraphs 131-132 and fig. 3); and
a microcomputer (control device 70 with ROM, see fig. 3 and paragraph 129) configured to:
control the first fin to open the grille shutter (see opening of blades of shutter 31, paragraph 86, 130) based on the first and second temperature values (see fig. 3) and in order to control heat exchange capability of the radiator (see paragraph 86).
However, Kawano does not explicitly teach that the opening of grille is in response to determining that the first temperature is lower than the second temperature.
Srivastava discloses a grille shutter control system for an air conditioning system of a vehicle (see fig. 1 and paragraphs 2, 21); a controller (control unit ECU 116) configured to open the grille shutter a second amount (at step 310, fig. 3) in response to determining that the first temperature is lower than the second outside air temperature (see second threshold temperature lower than ambient temperature at step 306, fig. 3 and paragraph 6) wherein, the first temperature is 75 degrees Fahrenheit (second threshold temperature about 75 degrees, see paragraphs 68, 71).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the microcomputer of Kawano to determine whether the first temperature is lower than the second temperature during heating of the inside of the vehicle cabin; and control the first fin to open the grille shutter in response to determining that the first temperature is lower than the second temperature based on the teachings of Srivastava in order to facilitate engine compartment ventilation by circulating airflow through open grille shutters and prevent excessive heat loss from engine compartment of the vehicle (see paragraphs 69-71, Srivastava) and to improve efficiency of the system by distributing the heat load burden of the air conditioning system over heat energy available due to a temperature difference between the outside air and the thermal transfer medium.
In regards to claim 2, Kawano as modified teaches the limitations of claim 1 and further discloses that the microcomputer sets greater/smaller opening degrees of the grille shutter (controller 70 adjusts the opening degree of shutter 31, see paragraph 86) based on the temperature of the outside air and the temperature of water entering radiator (see adjusting heat exchange capability of radiator by adjusting opening degree of shutter 31 based on high outside air temperature for heating and/or high water temperature for radiating heat to the low temperature outside air, paragraphs 86-87). In addition, Srivastava further discloses that the microcomputer sets greater opening degree of the grille shutter (opening grille shutter by first and second amounts, see steps 304 and 310, fig. 3) for greater temperature difference between the first temperature and the second temperature (for temperature difference between 75 degrees and higher outside air temperature at step 306, fig. 3 and for higher temperature difference between ambient temperature and increased first threshold, see paragraph 65).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the control unit of Tanaka as modified to set greater opening degree of the grille shutter opening with greater/higher temperature difference between the first coolant temperature and the second outside temperature based on the teachings of Srivastava for the advantage of utilizing the greater temperature difference and higher outside temperature for warming up the engine to an optimal temperature that is ideal for best fuel economy and for allowing the engine to quickly start and create a comfortable environment for the occupants of the vehicle (see paragraphs 19-21, Srivastava).
In regards to claim 3, Kawano as modified teaches the limitations of claim 2 and further discloses that the microcomputer sets greater/smaller opening degrees of the grille shutter (controller 70 adjusts the opening degree of shutter 31, see paragraph 86). In addition, Srivastava further discloses that the microcomputer sets smaller opening degree of the grille shutter (20%-25 % opening degree of grille shutter, see paragraph 67 and fig. 3) for lower second outside temperature (for outside temperature below 32 degrees Fahrenheit, see paragraphs 63-67).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the microcomputer of Kawano as modified to set smaller opening degree of the grille shutter opening with lower second outside temperature based on the teachings of Srivastava in order to preserve and improve the efficiency of the air conditioning and engine system of a vehicle by taking advantage of the high or low temperature outside air for heating or cooling the air conditioning or engine components.
In regards to claim 5, Kawano as modified teaches the limitations of claim 1 and further discloses that the radiator faces the heater core (radiator 21 faces heater core 51 and radiator 21 is also fluidly connected to heater core 22, see fig. 1).
In regards to claim 6, Kawano as modified teaches the limitations of claim 5 and further discloses a second pump (pump 52, 41); a compressor (compressor 11); a second medium circulation circuit (fluid circuits 50, 40) in which the second thermal transfer medium is circulated by the second pump (see fig. 1); a refrigerant circuit (refrigerant circuit 10) in which a refrigerant is circulated by the compressor (see fig. 1); and a chiller (chiller 15, see paragraph 48) that is disposed on the refrigerant circuit and the second medium circulation circuit (see chiller 15 between circuits 10 and 40, fig. 1) and cools the second thermal transfer medium by the refrigerant (see paragraph 53), wherein the first temperature detector (sensor 73b) is disposed on the second medium circulation circuit and upstream of the radiator (see paragraph 135 and fig. 3); the radiator is disposed on the second medium circulation circuit (see radiator 21 on circuits 50, 40, fig. 1), and the condenser is disposed on the refrigerant circuit (condenser 12 on refrigerant circuit 10, see fig. 1) and heats the first thermal transfer medium by the refrigerant (condenser 12 heats water, see paragraph 67).
In regards to claim 7, Kawano as modified teaches the limitations of claim 6 and further discloses a cooling system that cools a power train (motor generator, inverter 51 being cooled by fluid circulated through circuit 51, see fig. 1 and paragraphs 102-104), wherein the cooling system is disposed downstream of the radiator (51 downstream of radiator 21, see fig. 1) and upstream of the chiller on the second thermal transfer medium (51 upstream of pump 41 and chiller 15, see fig. 1).
In regards to claim 8, Kawano as modified teaches the limitations of claim 6 and further discloses an evaporator (evaporator 16) having a second fin (casing 61); and a passage (refrigerant passage through valve 14b between junctions 13a and 13b, see fig. 1) branched from the refrigerant circuit (see fig. 1), wherein the evaporator is cooled by the refrigerant (see fig. 1 and paragraphs 57-60), is disposed on the passage (see fig. 1), and is arranged in parallel with the chiller (see evaporator 16 parallel to chiller 15, fig. 1), and the inside of the vehicle cabin is cooled by the cooled refrigerant (see ventilation air cooled by evaporator/chiller, fig. 1 and paragraphs 58, 67, 88, 113-115).
In regards to claim 9, Kawano as modified teaches the limitations of claim 8 and further discloses a first valve (one of valves 14a, 14b) disposed on the refrigerant circuit (see fig. 1); and a second valve (another of valves 14a, 14b) disposed on the passage (valve 14b on refrigerant passage, see fig. 1), wherein the microcomputer (70) is configured to control the first valve and the second valve (see fig. 3 and paragraph 50) such that a flow rate of the refrigerant to each of the evaporator and the chiller is controlled (flow control through opening and closing of expansion valves 14a, 14b, see paragraphs 48-58).
In regards to claim 10, Kawano as modified teaches the limitations of claim 9 and further discloses a cooling system that cools a power train (motor generator, inverter 51 being cooled by fluid circulated through circuit 51, see fig. 1 and paragraphs 102-104), wherein the cooling system is disposed downstream of the radiator (51 downstream of radiator 21, see fig. 1) and upstream of the chiller on the second thermal transfer medium (51 upstream of pump 41 and chiller 15, see fig. 1).
In regards to claim 11, Kawano as modified teaches the limitations of claim 1 and further discloses that the first thermal transfer medium and the second thermal transfer medium are water (water circulated through circuits 20, 40 and 50, see paragraphs 53-54, 63, 89-90 and 101-104).
In regards to claim 12, Kawano as modified teaches the limitations of claim 1 and further discloses a compressor (compressor 11); a pump (27); a second medium circulation circuit (fluid circuit 10, 40) in which the second thermal transfer medium is circulated by the compressor/pump (see fluid circulated in circuits 10 and 40, by compressor 11 and pump 27, respectively, fig. 1); and an evaporator (chiller 15, evaporator 16, see fig. 1 and paragraph 48) that cools the second thermal transfer medium (see chiller 15 extracts cooling for second fluid in circuit 40 from refrigerant circuit, fig. 1), wherein the inside of the vehicle cabin is cooled by the cooled second thermal transfer medium (ventilation air cooled by evaporator 16 and chiller 15, see fig. 1), the radiator is disposed on the second circulation circuit (see radiator 21 on circuit 40, fig. 1); and the condenser heats the first thermal transfer medium by the second thermal transfer medium (condenser 12 heats water in passage 23 by heat transfer medium in circuit 10, see paragraph 67).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawano in view of Srivastava as applied to claim 1 above and further in view of Porras (US 2016/0361990 A1).
In regards to claim 4, Kawano as modified teaches the limitations of claim 1 and Srivastava further discloses a vehicle speed detector (vehicle speed sensor 120d, see paragraph 36) for detecting a vehicle speed (see paragraphs 36 and 48), wherein, the control unit (ECU 116) sets an opening degree of the grille shutter opening based on the vehicle speed (grille shutter 112 opening and closing based on data from sensor 120, fig. 1, which includes high speed of the vehicle, see paragraphs 45-48 and fig. 2).
However, Kawano does not explicitly teach that for higher vehicle speed, opening degree of the grille is greater.
Porras discloses a vehicle speed detector (vehicle speed sensor, fig. 4) for detecting a vehicle speed (see paragraph 35), a vehicle grille shutter (90) and a controller (controller 78) configured to set greater opening degree of the grille shutter opening for higher/greater vehicle speed (opening area of the grille shutter is increased for a vehicle speed range, see paragraphs 40, 42-44 and figs. 5A-5B).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the microcomputer of Kawano as modified to set greater opening degree of the grille shutter opening with higher/greater vehicle speed based on the teachings of Porras in order to set a grille shutter opening that allows maintaining proper cooling for the battery and/or other air conditioning or engine components (see paragraph 40, Porras).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The amended independent claims are rejected in view of Kawano in view of Srivastava.
Conclusion
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 MERAJ A SHAIKH whose telephone number is (571)272-3027. The examiner can normally be reached on M-R 9:00-1:00 pm.
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, Jianying Atkisson can be reached on 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERAJ A SHAIKH/Examiner, Art Unit 3763
/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
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