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 .
Status of the Claims
The status of the claims as filed in the reply dated 2/3/2026 are as follows:
Claims 1 and 13 are canceled,
Claims 2-4, 8, and 14-19 are amended,
Claims 20 and 21 are new,
Claims 2-12 and 14-21 are currently pending.
Claim Rejections - 35 USC § 102
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) 2-8 and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Molari et al. (European Patent Publication EP0607585A1, “Molari”, previously cited).
Regarding claim 2, Molari discloses a system for treating air for a motor vehicle, the system (figs 1-7) comprising:
a structural element (1) adapted to be fixed to a frame of said motor vehicle and adapted to be arranged along a transversal direction transverse (see annotated fig 3 below) to a longitudinal direction (see annotated fig 3 below) of said motor vehicle; and
at least one heat exchanger (12) supported by said structural element,
said heat exchanger comprising first passages adapted to be crossed, in use, by an air flow, said heat exchanger being configured to subject said air flow to a heat exchange as it crosses said first passages, said first passages being adapted to be fluidly connected to a passenger compartment of said motor vehicle (col 2, lines 11-36),
wherein said heat exchanger (12) comprises a surface (see annotated fig 3 below) adapted to be directly facing said passenger compartment, said first passages being adapted to open out at said passenger compartment at said surface (fig 3).
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Regarding claim 3, Molari further discloses wherein said structural element defines a dimensional length (see annotated fig 3 below) in a direction parallel to said transversal direction, said heat exchanger extending along most of the dimension length (see annotated fig 3 below).
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Regarding claim 4, Molari further discloses wherein said heat exchanger (12) comprises second passages adapted to be crossed, in use, by a thermal carrier fluid adapted to exchange heat, in use, with said air flow crossing, in use, said first passages (as evident by the tubes in said heat exchanger shown in figure 3 which allows for coolant to flow).
Regarding claim 5, Molari further discloses wherein said heat exchanger (12) comprises a lattice structure comprising, in turn, said first passages and said second passages, and wherein said heat exchanger comprises a bundle of tubes (see annotated fig3 below) comprising said second passages, the interstices between said tubes defining said first passages (fig 3)
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Regarding claim 6, The limitation of “wherein said lattice structure is manufactured, in use, by additive manufacturing” is considered a product-by-process limitation. In product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 7, Molari further discloses wherein said heat exchanger (12) comprises a bundle of tubes (see annotated fig 3 below) comprising said second passages, the interstices between said tubes defining said first passages (fig 3).
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Regarding claim 8, Molari further discloses at least one fan (16) rotatable about a rotational axis (as evident in fig 3) and adapted to guide said air flow towards said passenger compartment through said first passages (as evident in fig3); and
a control unit (24) operatively connected to said at least one fan (as the controls would allow the user to control the fan).
Regarding claim 17, Molari further discloses motor vehicle, comprising:
a frame (as a vehicle would have a frame);
a passenger compartment (as a vehicle would have a passenger compartment), which is fixed with respect to said frame; and
a system for treating air according to claim 1 (see rejection of claim 1 above).
Regarding claim 18, Molari further discloses wherein said heat exchanger defines a surface of a dashboard of said motor vehicle (see annotated fig 3 below), and wherein the surface of the dashboard is arranged inside the passenger compartment (see annotated fig 3 below).
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Regarding claim 19, Molari discloses system for treating air for a motor vehicle (figs 1-7), the system comprising: a structural element (1) adapted to be integrated into a frame of said motor vehicle (fig 3) and arranged along a transversal direction (see annotated fig 3 below) transverse to a longitudinal direction (see annotated fig 3 below) of said motor vehicle; and a heat exchanger (23) supported by said structural element, said heat exchanger comprising first passages adapted to be crossed, in use, by an air flow, said heat exchanger being configured to subject said air flow to a heat exchange as it crosses said first passages, said first passages being adapted to be fluidly connected to a passenger compartment of said motor vehicle (fig 3),
wherein said heat exchanger comprises a surface (see annotated fig 3 below) directly exposed to said passenger compartment (via vents 26), and wherein each said first passage has an open end at said passenger compartment at said surface (see fig 3).
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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) 9-12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Molari as applied to claims 2 and 8 above, and further in view of Schwarz (U.S. Patent No. 6,598,665, previously cited).
Regarding claim 9, Molari discloses all previous claim limitations. However, Molari does not explicitly disclose wherein said at least one fan comprises a plurality of fans, said control unit being configured to control said fans independently of one another. Schwarz, however, discloses a system wherein at least one fan (3, 122) comprises a plurality of fans (3, 122), a control unit (fig 5) being configured to control said fans independently of one another (fig 5). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Molari to provide the plurality of fans of Schwarz in order to allow for independent control of the roof and floor air flows.
Regarding claim 10, the combination of Molari and Schwarz discloses all previous claim limitations. Molari, as modified, further discloses wherein said control unit (fig 5, Schwarz) is configured to selectively activate, in use, at least one of said fans and to vary the rotational speed of at least one of said fans (3, 122, Schwarz) about the respective said rotational axes (col 7, lines 18-21, Schwarz).
Regarding claim 11, the combination of Molari and Schwarz discloses all previous claim limitations. Molari, as modified, further discloses wherein said control unit (fig 5, Schwarz) is configured to vary the rotational speed of at least one of said fans about the respective said rotational axes (col 7, lines 18-21, Schwarz).
Regarding claim 12, the combination of Molari and Schwarz discloses all previous claim limitations. Molari, as modified, does not explicitly disclose wherein said at least one fan is adapted to be arranged opposite to said passenger compartment with respect to said heat exchanger. Schwarz, however, discloses wherein said at least one fan (122) is adapted to be arranged opposite to said passenger compartment (fig 4) with respect to said heat exchanger (100). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Molari, as modified, to provide the fan location of Schwarz in order to provide optimal airflow through the heat exchanger.
Regarding claim 16, Molari discloses all previous claim limitations. However, Molari does not explicitly disclose wherein said at least one heat exchanger comprises: a first heat exchanger adapted to cool down and/or dehumidify said air flow passing, in use, through said respective first passages; and a second heat exchanger adapted to warm up said air flow passing, in use, through said respective first passages. Schwarz, however, discloses a system wherein said at least one heat exchanger (100) comprises: a first heat exchanger (4) adapted to cool down and/or dehumidify said air flow passing (col 4, line 38-41), in use, through said respective first passages; and a second heat exchanger (100) adapted to warm up said air flow passing, in use, through said respective first passages (col 5, lines 15-20). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Molari to provide the first and second heat exchangers of Schwarz in order to provide dehumidification of the airflow.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Molari as applied to claim 2 above, and further in view of Denniston (U.S. Patent No. 5,514,035, previously cited).
Regarding claim 14, Molari discloses all previous claim limitations. Molari further discloses wherein said first passages are adapted to be crossed, in use, by the air contained, in use, within said motor vehicle (fig 3). However, Molari does not explicitly disclose a regenerator adapted to exchange heat between the air contained, in use, within said motor vehicle and the air entering, in use, said motor vehicle. Denniston, however, discloses a system of treating air for a motor vehicle (fig 1) wherein a regenerator (21) adapted to exchange heat between air contained, in use, within said motor vehicle and the air entering, in use, said motor vehicle (col 5, lines 18-40). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Molari to provide the regenerator of Denniston in order to provide dehumidification/humidification of the air within the passenger compartment (see col 1, line 60-col 4, line 24 of Denniston).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Molari alone.
Regarding claim 15, Molari discloses all previous claim limitations. However, Molari does not explicitly disclose wherein said heat exchanger is made of at least one of aluminum, silver, and platinum. However, the Examiner takes Official Notice that it is old and well known in the art of heat exchanger to have them made of aluminum and would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Molari to have the heat exchanger made of aluminum to provide efficient heat exchange.
Claim(s) 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Molari et al. (European Patent Publication EP0607585A1, “Molari”, previously cited) in view of Schwarz (U.S. Patent No. 6,598,665, previously cited).
Regarding claim 20, Molari discloses a system for treating air for a motor vehicle, the system comprising:
a structural element (1) adapted to be fixed to a frame of said motor vehicle (as the vehicle would inherently have a frame) and adapted to be arranged along a transversal direction transverse to a longitudinal direction of said motor vehicle (see annotated fig 3 below);
at least one heat exchanger (12) supported by said structural element, said heat exchanger comprising first passages adapted to be crossed, in use, by an air flow, said heat exchanger being configured to subject said air flow to a heat exchange as it crosses said first passages, said first passages being adapted to be fluidly connected to a passenger compartment of said motor vehicle (col 2, lines 11-36);
wherein said heat exchanger comprises a surface (see annotated fig 3 below) adapted to be directly facing said passenger compartment.
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However, Molari does not explicitly disclose a plurality of fans adapted to guide said air flow towards said passenger compartment through said first passages;
a control unit operatively connected to said fans; and
a user interface operatively connected to said control unit,
said user interface being configured to send, in use, to said control unit a signal relating to a region of said surface, at which the outflow of said air flow into said passenger compartment must be concentrated, in use,
said control unit being configured to activate, in use, one or more said fans arranged at said region and to deactivate, in use, one or more said fans arranged at the remaining regions of said surface.
Schwarz, however, discloses a system (figs 3 and 4) wherein a plurality of fans (3, 122) adapted to guide said air flow towards said passenger compartment through first passages (see fig 3);
a control unit (as there must be a processor for inputs user) operatively connected to said fans; and
a user interface (fig 5) operatively connected to said control unit,
said user interface being configured to send, in use, to said control unit a signal relating to a region of said surface, at which the outflow of said air flow into said passenger compartment must be concentrated (fig 5), in use,
said control unit being configured to activate, in use, one or more said fans arranged at said region and to deactivate, in use, one or more said fans arranged at the remaining regions of said surface (figs 3 and 5). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Molari to provide the plurality of fans of Schwarz in order to allow for independent control of the roof and floor air flows.
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Regarding claim 21, Molari discloses a system for treating air for a motor vehicle (figs 1-7), the system comprising: a structural element (1) adapted to be integrated into a frame of said motor vehicle (as the vehicle would inherently have a frame) and arranged along a transversal direction transverse to a longitudinal direction of said motor vehicle (see annotated fig 3 below);
a heat exchanger (12) supported by said structural element, said heat exchanger comprising passages adapted to be crossed, in use, by an air flow, said heat exchanger being configured to subject said air flow to a heat exchange as it crosses said passages, said passages being adapted to be fluidly connected to a passenger compartment of said motor vehicle (col 2, lines 11-36);
wherein said heat exchanger comprises a surface directly exposed to said passenger compartment (see annotated fig 3 below).
However, Molari does not explicitly disclose a plurality of fans adapted to guide said air flow towards said passenger compartment through said first passages;
a control unit operatively connected to said fans; and
a user interface operatively connected to said control unit,
said user interface being configured to send, in use, to said control unit a signal relating to a region of said surface, at which the outflow of said air flow into said passenger compartment must be concentrated, in use,
said control unit being configured to activate, in use, one or more said fans arranged at said region and to deactivate, in use, one or more said fans arranged at the remaining regions of said surface.
Schwarz, however, discloses a system (figs 3 and 4) wherein a plurality of fans (3, 122) adapted to guide said air flow towards said passenger compartment through first passages (see fig 3);
a control unit (as there must be a processor for inputs user) operatively connected to said fans; and
a user interface (fig 5) operatively connected to said control unit,
said user interface being configured to send, in use, to said control unit a signal relating to a region of said surface, at which the outflow of said air flow into said passenger compartment must be concentrated (fig 5), in use,
said control unit being configured to activate, in use, one or more said fans arranged at said region and to deactivate, in use, one or more said fans arranged at the remaining regions of said surface (figs 3 and 5). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Molari to provide the plurality of fans of Schwarz in order to allow for independent control of the roof and floor air flows.
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Response to Arguments
Applicant's arguments filed 2/3/2026 have been fully considered but they are not persuasive.
Applicant argues (pages 7-8) that Molari does not teach wherein the heat exchanger comprises a surface adapted to directly face the passenger compartment. Rather, the grill 26 directly faces the passenger compartment. The Examiner respectfully disagrees; the heat exchanger does directly face the passenger compartment as there are holes in the grill that opens the surface to the passenger compartment.
Applicant argues (page 11) that the first fan 3 and second fan 122 shown by Shwarz are not associated with different regions of the same surface of the heat exchanger, but rather is associated with different portions of the passenger compartment. The Examiner respectfully disagrees; as shown below in annotated fig 3 the fans are associates with different surfaces of the heat exchanger.
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Applicant argues (page 11) that Schwarz does not teach to deactivate the first fan when the second fan is activated from user input. The Examiner respectfully disagrees; in figure 5 of Schwarz, each fan has its own control knob which allows for one fan to be activated when the other is deactivated.
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 HARRY E ARANT whose telephone number is (571)272-1105. The examiner can normally be reached Monday-Friday 10-6 ET.
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 at (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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/HARRY E ARANT/Primary Examiner, Art Unit 3763
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