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
This action is in response to the Applicant’s filing on November 14, 2025. Claims 1-7, 9-12, 15, and 19 are pending and examined below.
Response to Arguments
The previous rejections of claims 8, 13-14, and 16-18 under 35 U.S.C. 112(b), 35 U.S.C. 101, and 35 U.S.C. 103 are withdrawn in consideration of Applicant’s cancellation of claims 8, 13-14, and 16-18.
The previous rejection of claims 1-7, 9-12, 15, and 19 under 35 U.S.C. 101 are withdrawn. Applicant amended claim 1 to recite “providing, using the processing unit, instructions to the air-circulation and -recirculation control unit to provide air to the cabin of the vehicle at the optimal rate; wherein the method is performed continuously during the use of the vehicle.” Instructing an air-circulation and -recirculation control unit to provide air to the cabin at an optimal recirculation rate during use of the vehicle applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Therefore, the previous rejections of claims 1-7, 9-12, 15, and 19 under 35 U.S.C. 101 are withdrawn.
The previous rejections of claims 1-7, 9-12, 15, and 19 under 35 U.S.C. 103 are maintained.
Applicant states that Claeys fails to disclose “determining a recirculation rate” (Applicant’s Remarks pg. 11). Examiner claims that the broadest reasonable interpretation of “determining a recirculation rate” is any process that establishes and/or sets a value used to circulate/recirculate air. Claeys discloses a method that establishes and/or sets a value for an air conditioning system where the value is used to determine a position of a recycling flap that implicitly defines a ratio/rate of external air intake (first upstream duct 3 in Fig. 1) to passenger cabin air intake (second upstream duct 4 in Fig. 1). See also value α in Fig. 3 that is used to determine a recycling flap position and thus the ratio/rate of external air to cabin air.
Applicant states that Claeys does not disclose “continuous performance of the method” or “optimization of any values” (Applicant’s Remarks pg. 11). However, Claeys’ time value, t, in Fig. 3 is continually incremented as the process adjusts optimal values used for air circulation based on temperature, carbon dioxide, and humidity parameters in real time (see equation t = t + δt in elements 56, 58, and 59 in Fig. 3). Further, the broadest reasonable interpretation of an “optimal value” is an ideal value for achieving a favorable result based on conditions. Claeys discloses continually optimizing the value α (see elements 56 and 58 in Fig. 3) that is used to determine a recycling flap position, and thus the ratio/rate of external air to cabin air, based on current conditions. The system of Claeys will optimize the α value to achieve the desired cabin conditions for temperature, humidity, and carbon dioxide and will continuously monitor any changes in those conditions in order to further optimize the α value.
Applicant states that Claeys does not disclose “measuring a window temperature” (Applicant’s Remarks pg. 11). However, the rejection of claim 1 in the previous Office Action does not rely on any teaching of Claeys for this limitation when it states “It is noted Claeys fails to particularly disclose at least one temperature of at least one vehicle window” (pg. 15). The rejection of claim 1 relies on Daniel for teaching “measuring at least one temperature of at least one vehicle window” and “providing the temperature to a processing unit” (pg. 17-18).
Applicant states that Larson and Daniel “cannot supply the defects of Claeys” (Applicant’s Remarks pg. 11).
With regard to Larson, Applicant claims that the system does not “calculate or determine any optimal value for temperature or relative humidity, nor does it determine a recirculation rate required to provide outside air to the cabin at an optimal rate” and that the lookup table taught by Larson is “not a real-time or predictive calculation of optimal airflow or recirculation rate that minimizes energy consumption.” However, Larson teaches a climate control system that optimizes energy efficiency when it states “maintaining control within a comfort zone enables significantly improved efficiency at the system component level, resulting in reduction of basic fuel consumption as needed for vehicle HVAC (heating, ventilating, air conditioning) systems” (¶ [0014]; See also ¶ [0069]). Further, Larson’s teaching of look up tables to set a target temperature and/or target relative humidity entails a calculation. The broadest reasonable interpretation of a “calculation” is a mathematical determination. The look up tables of Larson include mathematical determinations that are used to set temperature and relative humidity values as well as a ratio/rate of recirculated air to fresh outside air. The look up tables include mathematical relationships between output target settings and input parameters (¶ [0051]-[0053] & ¶ [0065]). Therefore, the combination of Claeys and Larson teaches a method of calculating an optimal cabin relative humidity based on cabin temperature and determining an optimal recirculation rate to achieve the optimal cabin relative humidity and carbon dioxide level while minimizing energy usage. As stated in the previous Office Action on page 18, a person of ordinary skill in the art would be motivated to modify the air conditioning system and process for ventilating a passenger cabin of Claeys to include the target relative humidity and sensor of Larson in order to maintain cabin control within a comfort zone enabling significantly improved efficiency at the system component level, resulting in a reduction of fuel consumption (¶ [0014]).
With regard to Daniel, Applicant states that modifying the teachings of Claeys with the teachings of Daniel would “change the principle of operation of the prior art being modified” (Applicant’s Remarks pg. 12). Applicant claims that Claeys “relies upon maintaining humidity below a threshold, above which threshold mist could form on the windows of the passenger compartment” by “providing the minimum proportion of fresh air that will achieve this” and that, in contrast, Daniel uses “a humidifier to increase humidity above a fog/dew point and then heating the windows to change the fog/dew point.” However, Examiner relies on the teaching of Daniel to support a position that monitoring a window temperature and activating a window heating element, which increases the fog/dew point, will prevent mist forming on windows regardless of the source of increased humidity. If an increase in humidity occurs as a result of a humidifier, from a change in the ratio/rate of circulated/recirculated air, or an adjustment in temperature, it would be obvious to one of ordinary skill in the art that monitoring window temperature and using a window heating element to increase fog/dew point will prevent mist forming based on the teachings of Daniel. Further, a person of ordinary skill in the art is also a person of ordinary creativity and in many cases will be able to fit teachings of multiple patents together like pieces of a puzzle (See MPEP 2141.03). That is, a person of ordinary skill in the art would be able to modify the air conditioning system and process for ventilating a passenger cabin, including the modifiable humidity threshold (Claeys: pg. 5), of Claeys to include the monitoring of window temperature and the controlling of a fog/dew point with a window heating element of Daniel resulting in a system that adjusts a humidity threshold when a window heating element is activated to increase the fog/dew point. Therefore, the principle of Claeys, which includes preventing mist forming on windows by maintaining humidity below a modifiable threshold, is not changed and it would have been prima facie obvious for one of ordinary skill in the art to modify the air conditioning system and process for ventilating a passenger cabin of Claeys to include the monitoring of window temperature and the controlling of a fog/dew point with a window heating element of Daniel and arrive at the claimed invention.
Applicant suggests that “the office is improperly using knowledge of the claimed invention to piece together the prior art references” or using impermissible hindsight reasoning. However, MPEP 2145(X)(A) states “any judgement on obviousness is in a sense necessarily a reconstruction based on hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill in the art at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure, such a reconstruction is proper.” As shown in the previous Office Action in the rejection of claim 1, the referenced prior art teaches all the limitations of claim 1 and would have been available to one of ordinary skill in the art before the effective filing date of the claimed invention. Further, the referenced prior art includes motivations that would have allowed one of ordinary skill in the art to combine the teachings and arrive at the claimed invention.
Therefore, the previous rejections of claims 1-7, 9-12, 15, and 19 under 35 U.S.C. 103 are maintained.
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.
Claims 1-4, 6-7, 9-10, 12, and 19 are rejected under 35 103 U.S.C. 103 as being unpatentable over FR 2976853 by Claeys (hereafter "Claeys"), in view of US 20170096048 by Larson et al. (hereafter "Larson") and US 20190084391 by Daniel et al. (hereafter “Daniel”).
Regarding claim 1, Claeys discloses a method for optimizing energy use in vehicles comprising an air-circulation and -recirculation system (Claeys pg. 2: a motor vehicle air conditioning system which makes it possible to limit the energy required to produce the calories or frigories necessary to bring the air in the passenger compartment to the desired temperature, and which nevertheless makes it possible to ensure the comfort of the passengers and the driver, as well as good visibility towards the outside of the passenger compartment) and an air-(re)circulation control unit (Claeys: electronic management unit 10 in Fig. 1; Examiner interprets the electronic management unit to include a processor and instructions for controlling the stepper motor (14 in Fig. 1) that regulates a recycling flap (13 in Fig. 1) position associated with the air circulation system.), the method comprising the steps of:
measuring, using sensors, a carbon dioxide level of vehicle cabin air (Claeys pg. 2: a COz rate measured by a sensor in the passenger compartment; 17 in Fig. 1), a humidity level of cabin air (Claeys pg. 2: a humidity rate measured by a hygrometry sensor placed in the passenger compartment; 18 in Fig. 1), and at least one temperature (Claeys pg. 2: an air temperature sensor inside the vehicle; 16 in Fig. 1);
providing the measured carbon dioxide level, humidity level, and temperature from outputs of the sensors to a processing unit via wired or wireless communication (Claeys pg. 7: The electronic management unit 10 then acquires, at a step 52, values of outside temperature Text(t), inside temperature Tint(t), as well as the values of humidity level [H20](t) and CO2 concentration [CO2](t); 52 in Fig. 3);
providing a cabin temperature (Claeys pg. 7: The electronic management unit 10 then acquires, at a step 52, values of outside temperature Text(t), inside temperature Tint(t)) and an indexed optimal carbon dioxide level to the processing unit (Claeys pg. 7: maximum authorized CO2 rate [CO2]max);
calculating, using the processing unit, a deviation of the measured cabin air carbon dioxide level from the indexed optimal carbon dioxide level(s) (Claeys pg. 7: At step 53, the electronic management unit compares the measured CO2 rate to the maximum authorized CO2 rate [CO2]max; 53 in Fig. 3), calculating optimal cabin air humidity level based on cabin temperature (Claeys pg. 7: In parallel with a step 54, the electronic management unit determines, using the map 20 which is the same as that of figure 2, the maximum humidity level tolerated for this outside temperature value Text and this inside temperature value Tint; 54 in Fig. 3);
determining, using the processing unit, based on calculations of step (iv) the optimal rate at which to provide outside air to the cabin to achieve calculated cabin air optimal humidity level and carbon dioxide level and minimize energy use (Claeys pg. 7: If either the humidity level or the COz level are further from their maximum thresholds, respectively than an increment A or an increment B of concentration, the set value of the flap 13 is decremented by a value 8a in order to limit the fresh air entries; Claeys pg. 7: If, when carrying out tests 53 and 55, either the COz level is higher than the maximum tolerated COz level, or the humidity level is higher than the maximum tolerated humidity level, the shutter 13 is opened slightly, incrementing the setpoint value a by a value 8a; 56 and 58 in Fig. 3);
determining, using the processing unit, a recirculation rate required to provide outside air to the cabin at the optimal rate determined in step (v) (Claeys pg. 7: If either the humidity level or the COz level are further from their maximum thresholds, respectively than an increment A or an increment B of concentration, the set value of the flap 13 is decremented by a value 8a in order to limit the fresh air entries; Claeys pg. 7: If, when carrying out tests 53 and 55, either the COz level is higher than the maximum tolerated COz level, or the humidity level is higher than the maximum tolerated humidity level, the shutter 13 is opened slightly, incrementing the setpoint value a by a value 8a; 56 and 58 in Fig. 3); and
providing, using the processing unit, instructions to the air-circulation and -recirculation control unit to provide air to the cabin of the vehicle at the optimal rate (Claeys pg. 5: The electronic management unit 10 regulates the position of the recycling flap 13 so as, on the one hand, to maintain the CO2 level in the passenger compartment below a certain threshold, and so as to maintain, on the other hand, the degree of humidity of the air in the passenger compartment below a threshold);
wherein the method is performed continuously during use of the vehicle (Claeys pg. 7: an electronic management unit, connected to the motorized flap and configured to continuously vary the position of the motorized flap as a function of the temperature outside the vehicle. vehicle, the temperature inside the vehicle, and at least one additional parameter; Claeys: time value t and equation t = t + δt in elements 56, 58, and 59 in Fig. 3).
It is noted Claeys fails to particularly disclose measuring, using sensors, a relative humidity level of cabin air, and at least one temperature of at least one vehicle window; providing the relative humidity level, and temperature from the outputs of sensors to a processing unit; providing a desired cabin temperature; calculating optimal cabin air relative humidity level based on desired cabin temperature.
However, Larson, in the same field of endeavor, teaches a method for optimizing energy use in vehicles comprising an air-circulation and -recirculation system and an air-(re)circulation control unit (Larson: system controller 26 in Fig. 3 and 4), the method comprising the steps of:
measuring, using sensors, a relative humidity level of cabin air (Larson ¶ [0052]: temperature and relative humidity of inside air 30 as measured by sensors 74, 76 are evaluated by system controller 26);
providing the measured relative humidity level from outputs of the sensors to a processing unit via wired or wireless communication (Larson ¶ [0052]: temperature and relative humidity of inside air 30 as measured by sensors 74, 76 are evaluated by system controller 26);
providing a desired cabin temperature to the processing unit (Larson ¶ [0048]: from controls which are set by the driver, such as a temperature selector 82 for setting an interior temperature which the driver considers comfortable);
calculating optimal cabin air relative humidity level based on desired cabin temperature (Larson ¶ [0053]: Climate control system 24 operates to create and maintain conditioned inside air 30 having temperature and relative humidity within comfort zone 86 by setting a target temperature within comfort zone 86 and/or a target relative humidity within comfort zone 86);
determining, using the processing unit, based on the calculations of step (iv) the optimal rate at which to provide outside air to the cabin to achieve calculated cabin air optimal relative humidity level and minimize energy use (Larson ¶ [0064]-[0065]: Sensors 78, 80 provide temperature and relative humidity measurements of outside air 32 to system controller 26 for use in conjunction with temperature and relative humidity measurements of inside air 32 from sensors 74, 76 to set the ratio of recirculated inside air 30 to fresh outside air 32. Empirically derived look-up tables are stored in system controller 26 for use in calculating the ratio as a function of temperature and relative humidity of outside air 32 and temperature and relative humidity of inside air 30);
determining, using the processing unit, a recirculation rate required to provide outside air to the cabin at the optimal rate determined in step (v) (Larson ¶ [0064]-[0065]: Sensors 78, 80 provide temperature and relative humidity measurements of outside air 32 to system controller 26 for use in conjunction with temperature and relative humidity measurements of inside air 32 from sensors 74, 76 to set the ratio of recirculated inside air 30 to fresh outside air 32. Empirically derived look-up tables are stored in system controller 26 for use in calculating the ratio as a function of temperature and relative humidity of outside air 32 and temperature and relative humidity of inside air 30); and
providing, using the processing unit, instructions to the air-circulation and -recirculation control unit to provide air to the cabin of the vehicle at the optimal rate (Larson ¶ [0040]: A damper 42 controls the source of air which enters entrance 36 for passage through primary airway 34. One source is inside air 30 and the other source is outside air 32; Larson ¶ [0041]: A damper 44 is operable to selectively restrict passage of inside air 30 through secondary airway 38; Larson ¶ [0042]: Either or both dampers 42, 44 may be automatically controlled by system controller 26);
wherein the method is performed continuously during use of the vehicle (Larson ¶ [0055]: As long as sensors 74, 76 continue to disclose temperature and relative humidity values within a defined area of comfort zone 86, compressor 58 does not necessarily have to operate. However when sensors 74, 76 disclose a temperature value or a relative humidity value outside that defined area of comfort zone 86, compressor 58 is restarted and damper 44 can be readjusted although not necessarily fully closed. Blower fan speed may or may not be readjusted.).
It is noted Larson fails to particularly teach measuring, using sensors, at least one temperature of at least one vehicle window; providing temperature from the outputs of sensors to a processing unit.
However, Daniel, in the same field of endeavor, teaches measuring, using sensors, at least one temperature of at least one vehicle window (Daniel ¶ [0022]: The onboard humidifier system 106 may further comprise one or more vehicle window interior temperature sensors 144. As will be appreciated, the window interior sensors 144 may be directly associated with an interior surface of each window 104a, 104b, 104c, . . . , 104x, or may comprise one or more remotely positioned infrared sensors);
providing temperature from the outputs of sensors to a processing unit (Daniel ¶ [0030]: at step 226 the controller 146 receives inputs from the one or more passenger cabin temperature sensors 140, one or more exterior ambient temperature sensors 142, and one or more vehicle window interior temperature sensors 144).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air conditioning system and process for ventilating a passenger compartment of Claeys to include the target relative humidity and relative humidity sensor of Larson and the window interior temperature sensors of Daniel. A person of ordinary skill in the art would be motivated to make these modifications in order to maintain cabin control within a comfort zone enabling significantly improved efficiency at the system component level, resulting in a reduction of fuel consumption (Larson ¶ [0014]) and to prevent and/or address issues of window fogging/frosting when increasing passenger cabin relative humidity (Daniel ¶ [0005]).
Regarding claim 2, Claeys discloses wherein step (i) additionally comprises measuring the cabin temperature (Claeys pg. 2: an air temperature sensor inside the vehicle; 16 in Fig. 1) and step (ii) additionally comprises providing the measured cabin temperature to a processing unit (Claeys pg. 7: The electronic management unit 10 then acquires, at a step 52, values of outside temperature Text(t), inside temperature Tint(t), as well as the values of humidity level [H20](t) and CO2 concentration [CO2](t); 52 in Fig. 3).
Regarding claim 3, Claeys fails to particularly disclose wherein the step of measuring at least one temperature of at least one window is measuring at least one temperature of the front windscreen.
However, Daniel, in the same field of endeavor, teaches wherein the step of measuring at least one temperature of at least one window is measuring at least one temperature of the front windscreen (Daniel ¶ [0022]: The onboard humidifier system 106 may further comprise one or more vehicle window interior temperature sensors 144. As will be appreciated, the window interior sensors 144 may be directly associated with an interior surface of each window 104a, 104b, 104c, . . . , 104x, or may comprise one or more remotely positioned infrared sensors; 104a in Fig. 1).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air conditioning system and process for ventilating a passenger compartment of Claeys modified by the target relative humidity and relative humidity sensor of Larson and the window interior temperature sensors of Daniel to further include the temperature measurement of the front windscreen of Daniel. A person of ordinary skill in the art would be motivated to make this modification in order to prevent and/or address issues of window fogging/frosting when increasing passenger cabin relative humidity (Daniel ¶ [0005]).
Regarding claim 4, Claeys discloses wherein the method is a computer-implemented method (Claeys pg. 7: an electronic management unit, connected to the motorized flap and configured to continuously vary the position of the motorized flap as a function of the temperature outside the vehicle. vehicle, the temperature inside the vehicle, and at least one additional parameter; electronic management unit 10 in Fig. 1).
Regarding claim 6, Claeys fails to particularly disclose further comprising: providing instructions to a window heating control unit to select a rate at which to provide energy to at least one window heating element.
However, Daniel, in the same field of endeavor teaches further comprising: providing instructions to a window heating control unit to select a rate at which to provide energy to at least one window heating element (Daniel ¶ [0024]: the onboard humidifier system 106 includes a window 104 defrost/defog system 150. As will be appreciated, the defrost/defog system 150 which may comprise one or more air ducts 150a adapted to direct a heated airflow against an interior of a window 104 to prevent or remove frost/fog, may be an infrared window heater 105b directly associated with a window 104, or may be another type of window heating system such as heating coils or wires (not shown) embedded within one or more windows; Daniel ¶ [0030]: If the calculated window 104 fog/dew point and/or fog/dew level is determined to be within a predetermined threshold whereby visibility is not considered impaired or at risk of impairment, the system returns to step 202. On the other hand, if the calculated window 104 fog/dew point and/or fog/dew level is not within the predetermined threshold, the controller 146 actuates the window defrost/defog system 150 to prevent or remove frosting/fogging from one or more windows 104).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air conditioning system and process for ventilating a passenger compartment of Claeys modified by the target relative humidity and relative humidity sensor of Larson and the window interior temperature sensors of Daniel to further include the window heating control element of Daniel. A person of ordinary skill in the art would be motivated to make this modification in order to prevent and/or address issues of window fogging/frosting when increasing passenger cabin relative humidity (Daniel ¶ [0005]).
Regarding claim 7, Claeys discloses a vehicle energy optimization apparatus for use in optimizing energy use in vehicles comprising an air-circulation and -recirculation system (Claeys pg. 2: a motor vehicle air conditioning system which makes it possible to limit the energy required to produce the calories or frigories necessary to bring the air in the passenger compartment to the desired temperature, and which nevertheless makes it possible to ensure the comfort of the passengers and the driver, as well as good visibility towards the outside of the passenger compartment), comprising:
a) at least one carbon dioxide sensor configured to measure a carbon-dioxide level of a vehicle cabin air (Claeys pg. 2: a COz rate measured by a sensor in the passenger compartment; 17 in Fig. 1);
b) at least one humidity sensor configured to measure a humidity level of cabin air (Claeys pg. 2: a humidity rate measured by a hygrometry sensor placed in the passenger compartment; 18 in Fig. 1);
d) at least one processing unit (Claeys pg. 5: The electronic management unit 10 regulates the position of the recycling flap 13 so as, on the one hand, to maintain the CO2 level in the passenger compartment below a certain threshold, and so as to maintain, on the other hand, the degree of humidity of the air in the passenger compartment below a threshold); and
e) at least one air-(re)circulation control unit configured to receive instructions from the processing unit (Claeys pg. 5: The electronic management unit 10 regulates the position of the recycling flap 13 so as, on the one hand, to maintain the CO2 level in the passenger compartment below a certain threshold, and so as to maintain, on the other hand, the degree of humidity of the air in the passenger compartment below a threshold);
wherein the at least one processing unit is configured to,
receive measurement data from the sensors (Claeys pg. 7: The electronic management unit 10 then acquires, at a step 52, values of outside temperature Text(t), inside temperature Tint(t), as well as the values of humidity level [H20](t) and CO2 concentration [CO2](t); 52 in Fig. 3);
calculate a deviation of the measured cabin air carbon dioxide level from an indexed optimal carbon dioxide level (Claeys pg. 7: At step 53, the electronic management unit compares the measured CO2 rate to the maximum authorized CO2 rate [CO2]max; 53 in Fig. 3);
calculate an optimal humidity level based on cabin temperature (Claeys pg. 7: In parallel with a step 54, the electronic management unit determines, using the map 20 which is the same as that of figure 2, the maximum humidity level tolerated for this outside temperature value Text and this inside temperature value Tint; 54 in Fig. 3);
determine, based on the calculations of (ii) and (iii), an optimal rate at which to provide outside air to the cabin to achieve calculated optimal humidity level and carbon dioxide level and minimize energy use (Claeys pg. 7: If either the humidity level or the COz level are further from their maximum thresholds, respectively than an increment A or an increment B of concentration, the set value of the flap 13 is decremented by a value 8a in order to limit the fresh air entries; Claeys pg. 7: If, when carrying out tests 53 and 55, either the COz level is higher than the maximum tolerated COz level, or the humidity level is higher than the maximum tolerated humidity level, the shutter 13 is opened slightly, incrementing the setpoint value a by a value 8a; 56 and 58 in Fig. 3);
determine a recirculation rate required to provide outside air to the cabin at the determined optimal rate (Claeys pg. 7: If either the humidity level or the COz level are further from their maximum thresholds, respectively than an increment A or an increment B of concentration, the set value of the flap 13 is decremented by a value 8a in order to limit the fresh air entries; Claeys pg. 7: If, when carrying out tests 53 and 55, either the COz level is higher than the maximum tolerated COz level, or the humidity level is higher than the maximum tolerated humidity level, the shutter 13 is opened slightly, incrementing the setpoint value a by a value 8a; 56 and 58 in Fig. 3); and
provide instructions to an air-circulation and -recirculation control unit to select a rate at which to provide outside air to the cabin of the vehicle (Claeys pg. 5: The electronic management unit 10 regulates the position of the recycling flap 13 so as, on the one hand, to maintain the CO2 level in the passenger compartment below a certain threshold, and so as to maintain, on the other hand, the degree of humidity of the air in the passenger compartment below a threshold).
It is noted Claeys fails to particularly disclose at least one relative humidity sensor configured to measure a relative-humidity level of cabin air; and at least one window temperature sensor configured to measure a temperature of at least one vehicle window; and calculate an optimal relative humidity level based on a desired cabin temperature.
However, Larson, in the same field of endeavor, teaches a vehicle energy optimization apparatus for use in optimizing energy use in vehicles comprising an air-circulation and -recirculation system (Larson ¶ [0014]: a climate control system for the interior, sometimes referred to as the cabin or occupant compartment, of an automotive vehicle) comprising:
b) at least one relative humidity sensor configured to measure a relative-humidity level of cabin air (Larson ¶ [0052]: temperature and relative humidity of inside air 30 as measured by sensors 74, 76 are evaluated by system controller 26);
d) at least one processing unit (Larson: system controller 26 in Fig. 3 and 4);
wherein the at least one processing unit is configured to,
receive measurement data from the sensors (Larson ¶ [0052]: temperature and relative humidity of inside air 30 as measured by sensors 74, 76 are evaluated by system controller 26);
calculate an optimal relative humidity level based on cabin temperature (Larson ¶ [0053]: Climate control system 24 operates to create and maintain conditioned inside air 30 having temperature and relative humidity within comfort zone 86 by setting a target temperature within comfort zone 86 and/or a target relative humidity within comfort zone 86);
determine, based on the calculations of (iii), an optimal rate at which to provide outside air to the cabin to achieve calculated optimal relative humidity level and minimize energy use (Larson ¶ [0064]-[0065]: Sensors 78, 80 provide temperature and relative humidity measurements of outside air 32 to system controller 26 for use in conjunction with temperature and relative humidity measurements of inside air 32 from sensors 74, 76 to set the ratio of recirculated inside air 30 to fresh outside air 32. Empirically derived look-up tables are stored in system controller 26 for use in calculating the ratio as a function of temperature and relative humidity of outside air 32 and temperature and relative humidity of inside air 30);
determine a recirculation rate required to provide outside air to the cabin at the determined optimal rate (Larson ¶ [0064]-[0065]: Sensors 78, 80 provide temperature and relative humidity measurements of outside air 32 to system controller 26 for use in conjunction with temperature and relative humidity measurements of inside air 32 from sensors 74, 76 to set the ratio of recirculated inside air 30 to fresh outside air 32. Empirically derived look-up tables are stored in system controller 26 for use in calculating the ratio as a function of temperature and relative humidity of outside air 32 and temperature and relative humidity of inside air 30); and
provide instructions to an air-circulation and -recirculation control unit to select a rate at which to provide outside air to the cabin of the vehicle (Larson ¶ [0040]: A damper 42 controls the source of air which enters entrance 36 for passage through primary airway 34. One source is inside air 30 and the other source is outside air 32; Larson ¶ [0041]: A damper 44 is operable to selectively restrict passage of inside air 30 through secondary airway 38; Larson ¶ [0042]: Either or both dampers 42, 44 may be automatically controlled by system controller 26).
It is noted Larson fails to particularly teach at least one window temperature sensor configured to measure a temperature of at least one vehicle window.
However, Daniel, in the same field of endeavor, teaches at least one window temperature sensor configured to measure a temperature of at least one vehicle window (Daniel ¶ [0022]: The onboard humidifier system 106 may further comprise one or more vehicle window interior temperature sensors 144. As will be appreciated, the window interior sensors 144 may be directly associated with an interior surface of each window 104a, 104b, 104c, . . . , 104x, or may comprise one or more remotely positioned infrared sensors).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle air conditioning system and process for ventilating a passenger compartment of Claeys to include the target relative humidity and relative humidity sensor of Larson and the window interior temperature sensors of Daniel. A person of ordinary skill in the art would be motivated to make these modifications in order to maintain cabin control within a comfort zone enabling significantly improved efficiency at the system component level, resulting in a reduction of fuel consumption (Larson ¶ [0014]) and to prevent and/or address issues of window fogging/frosting when increasing passenger cabin relative humidity (Daniel ¶ [0005]).
Regarding claim 9, Claeys discloses a vehicle (Claeys pg. 1: The present invention relates to air conditioning systems for motor vehicles) comprising the energy optimization apparatus according to claim 7 (See claim 7 rejection above).
Regarding claim 10, Claeys discloses wherein the vehicle is an electric vehicle, a hybrid electric-combustion engine vehicle, a petrol combustion engine vehicle, or a diesel combustion engine vehicle (Claeys pg. 1: In the case of a vehicle powered by a combustion engine, heating the air using the radiator generally has little impact on the vehicle's energy consumption. On the other hand, the energy required to cool the air in the passenger compartment by the air conditioning system can cause the vehicle to consume a lot of fuel. In the case of an electrically powered vehicle, both the heating and cooling processes of the cabin air can have a significant impact on the vehicle's range).
Regarding claim 12, Claeys fails to particularly disclose wherein the sensors, processing and/or control unit are communicating via wireless signals.
However, Daniel, in the same field of endeavor, teaches wherein the sensors, processing and/or control unit are communicating via wireless signals (Daniel ¶ [0023]: The sensors are configured to provide inputs to one or more controllers 146 by wired or wireless means represented by dashed lines).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle air conditioning system and process for ventilating a passenger compartment of Claeys modified by the target relative humidity and relative humidity sensor of Larson and the window interior temperature sensors of Daniel to further include the wireless communication of Daniel. A person of ordinary skill in the art would be motivated to make these modifications in order to prevent and/or address issues of window fogging/frosting when increasing passenger cabin relative humidity (Daniel ¶ [0005]).
Regarding claim 19, Claeys discloses further comprising at least one cabin temperature sensor (Claeys pg. 2: an air temperature sensor inside the vehicle; 16 in Fig. 1).
Claim 5 is rejected under 35 103 U.S.C. 103 as being unpatentable over FR 2976853 by Claeys (hereafter "Claeys"), in view of US 20170096048 by Larson et al. (hereafter "Larson") and US 20190084391 by Daniel et al. (hereafter “Daniel”), further in view of US 20220185060 by Feldman et al. (hereafter “Feldman”).
Regarding claim 5, Claeys fails to particularly disclose comprising additionally: measuring the concentration of particulates in the cabin air, measuring the level of volatile organic compounds in the cabin air, and/or measuring the internal windscreen temperature at the coldest point of the windscreen.
However, Feldman, in the same field of endeavor teaches comprising additionally: measuring the concentration of particulates in the cabin air (Feldman ¶ [0042]: In some embodiments of the system, the sensing unit includes a particulate matter sensor that is configured to sense at least one of size, quantity and concentration of particulate matter in the air of the cabin. The particulate matter sensor may also provide data indicative of concentration and average size of particulate matter in the air within the cabin of the vehicle), measuring the level of volatile organic compounds in the cabin air (Feldman ¶ [0024]: In some embodiments of the control unit, the input module is configured to receive first sensing data that comprises data indicative of at least one of the following: concentration of volatile organic compound (VOC)).
It is noted Feldman fails to particularly teach measuring the internal windscreen temperature at the coldest point of the windscreen.
However, Daniel, in the same field of endeavor teaches measuring the internal windscreen temperature at the coldest point of the windscreen (Daniel ¶ [0022]: The onboard humidifier system 106 may further comprise one or more vehicle window interior temperature sensors 144. As will be appreciated, the window interior sensors 144 may be directly associated with an interior surface of each window 104a, 104b, 104c, . . . , 104x, or may comprise one or more remotely positioned infrared sensors; 104a in Fig. 1).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air conditioning system and process for ventilating a passenger compartment of Claeys modified by the target relative humidity and relative humidity sensor of Larson and the window interior temperature sensors of Daniel to further include the particulate matter and volatile organic compound sensors of Feldman and the internal temperature measurement of the windscreen of Daniel. A person of ordinary skill in the art would be motivated to make these modifications in order to monitor in real-time and/or control air quality in a vehicle cabin (Feldman ¶ [0011]) and to prevent and/or address issues of window fogging/frosting when increasing passenger cabin relative humidity (Daniel ¶ [0005]).
Claims 11 and 15 are rejected under 35 103 U.S.C. 103 as being unpatentable over FR 2976853 by Claeys (hereafter "Claeys"), in view of US 20170096048 by Larson et al. (hereafter "Larson") and US 20190084391 by Daniel et al. (hereafter “Daniel”), further in view of US 20210107662 by Quartarone et al. (hereafter “Quartarone”).
Regarding claim 11, Claeys discloses a vehicle equipped with an air-circulation and -recirculation system (Claeys pg. 2: a motor vehicle air conditioning system which makes it possible to limit the energy required to produce the calories or frigories necessary to bring the air in the passenger compartment to the desired temperature, and which nevertheless makes it possible to ensure the comfort of the passengers and the driver, as well as good visibility towards the outside of the passenger compartment), comprising:
a) at least one carbon dioxide sensor configured to measure a carbon-dioxide level of a vehicle cabin air (Claeys pg. 2: a COz rate measured by a sensor in the passenger compartment; 17 in Fig. 1);
b) at least one humidity sensor configured to measure a humidity level of cabin air (Claeys pg. 2: a humidity rate measured by a hygrometry sensor placed in the passenger compartment; 18 in Fig. 1);
d) at least one processing unit (Claeys pg. 5: The electronic management unit 10 regulates the position of the recycling flap 13 so as, on the one hand, to maintain the CO2 level in the passenger compartment below a certain threshold, and so as to maintain, on the other hand, the degree of humidity of the air in the passenger compartment below a threshold);
wherein the at least one processing unit is configured to,
receive measurement data from the sensors (Claeys pg. 7: The electronic management unit 10 then acquires, at a step 52, values of outside temperature Text(t), inside temperature Tint(t), as well as the values of humidity level [H20](t) and CO2 concentration [CO2](t); 52 in Fig. 3);
calculate a deviation of the measured cabin air carbon dioxide level from an indexed optimal carbon dioxide level (Claeys pg. 7: At step 53, the electronic management unit compares the measured CO2 rate to the maximum authorized CO2 rate [CO2]max; 53 in Fig. 3);
calculate an optimal humidity level based on cabin temperature (Claeys pg. 7: In parallel with a step 54, the electronic management unit determines, using the map 20 which is the same as that of figure 2, the maximum humidity level tolerated for this outside temperature value Text and this inside temperature value Tint; 54 in Fig. 3);
determine, based on the calculations of (ii) and (iii), an optimal rate at which to provide outside air to the cabin to achieve calculated optimal humidity level and carbon dioxide level and minimize energy use (Claeys pg. 7: If either the humidity level or the COz level are further from their maximum thresholds, respectively than an increment A or an increment B of concentration, the set value of the flap 13 is decremented by a value 8a in order to limit the fresh air entries; Claeys pg. 7: If, when carrying out tests 53 and 55, either the COz level is higher than the maximum tolerated COz level, or the humidity level is higher than the maximum tolerated humidity level, the shutter 13 is opened slightly, incrementing the setpoint value a by a value 8a; 56 and 58 in Fig. 3);
determine a recirculation rate required to provide outside air to the cabin at the determined optimal rate (Claeys pg. 7: If either the humidity level or the COz level are further from their maximum thresholds, respectively than an increment A or an increment B of concentration, the set value of the flap 13 is decremented by a value 8a in order to limit the fresh air entries; Claeys pg. 7: If, when carrying out tests 53 and 55, either the COz level is higher than the maximum tolerated COz level, or the humidity level is higher than the maximum tolerated humidity level, the shutter 13 is opened slightly, incrementing the setpoint value a by a value 8a; 56 and 58 in Fig. 3); and
provide instructions to an air-circulation and -recirculation control unit to select a rate at which to provide outside air to the cabin of the vehicle (Claeys pg. 5: The electronic management unit 10 regulates the position of the recycling flap 13 so as, on the one hand, to maintain the CO2 level in the passenger compartment below a certain threshold, and so as to maintain, on the other hand, the degree of humidity of the air in the passenger compartment below a threshold); and
e) a control unit configured to interface with, and control the vehicle’s at least one air-(re)circulation control unit (Claeys pg. 5: The electronic management unit 10 regulates the position of the recycling flap 13 so as, on the one hand, to maintain the CO2 level in the passenger compartment below a certain threshold, and so as to maintain, on the other hand, the degree of humidity of the air in the passenger compartment below a threshold).
It is noted Claeys fails to particularly disclose a kit of parts for use in modifying a vehicle equipped with an air-circulation and -recirculation system comprising: at least one relative humidity sensor configured to measure a relative-humidity level of cabin air; and at least one window temperature sensor configured to measure a temperature of at least one vehicle window; and calculate an optimal relative humidity level based on a desired cabin temperature.
However, Larson, in the same field of endeavor, teaches a vehicle equipped with an air-circulation and -recirculation system (Larson ¶ [0014]: a control system for the interior, sometimes referred to as the cabin or occupant compartment, of an automotive vehicle) comprising:
b) at least one relative humidity sensor configured to measure a relative-humidity level of cabin air (Larson ¶ [0052]: temperature and relative humidity of inside air 30 as measured by sensors 74, 76 are evaluated by system controller 26);
d) at least one processing unit (Larson: system controller 26 in Fig. 3 and 4);
wherein the at least one processing unit is configured to,
receive measurement data from the sensors (Larson ¶ [0052]: temperature and relative humidity of inside air 30 as measured by sensors 74, 76 are evaluated by system controller 26);
calculate an optimal relative humidity level based on cabin temperature (Larson ¶ [0053]: Climate control system 24 operates to create and maintain conditioned inside air 30 having temperature and relative humidity within comfort zone 86 by setting a target temperature within comfort zone 86 and/or a target relative humidity within comfort zone 86);
determine, based on the calculations of (iii), an optimal rate at which to provide outside air to the cabin to achieve calculated optimal humidity level and minimize energy use (Larson ¶ [0064]-[0065]: Sensors 78, 80 provide temperature and relative humidity measurements of outside air 32 to system controller 26 for use in conjunction with temperature and relative humidity measurements of inside air 32 from sensors 74, 76 to set the ratio of recirculated inside air 30 to fresh outside air 32. Empirically derived look-up tables are stored in system controller 26 for use in calculating the ratio as a function of temperature and relative humidity of outside air 32 and temperature and relative humidity of inside air 30);
determine a recirculation rate required to provide outside air to the cabin at the determined optimal rate (Larson ¶ [0064]-[0065]: Sensors 78, 80 provide temperature and relative humidity measurements of outside air 32 to system controller 26 for use in conjunction with temperature and relative humidity measurements of inside air 32 from sensors 74, 76 to set the ratio of recirculated inside air 30 to fresh outside air 32. Empirically derived look-up tables are stored in system controller 26 for use in calculating the ratio as a function of temperature and relative humidity of outside air 32 and temperature and relative humidity of inside air 30); and
provide instructions to an air-circulation and -recirculation control unit to select a rate at which to provide outside air to the cabin of the vehicle (Larson ¶ [0040]: A damper 42 controls the source of air which enters entrance 36 for passage through primary airway 34. One source is inside air 30 and the other source is outside air 32; Larson ¶ [0041]: A damper 44 is operable to selectively restrict passage of inside air 30 through secondary airway 38; Larson ¶ [0042]: Either or both dampers 42, 44 may be automatically controlled by system controller 26).
It is noted Larson fails to particularly teach a kit of parts for use in modifying a vehicle equipped with an air-circulation and -recirculation system comprising: at least one window temperature sensor configured to measure a temperature of at least one vehicle window.
However, Daniel, in the same field of endeavor, teaches at least one window temperature sensor configured to measure a temperature of at least one vehicle window (Daniel ¶ [0022]: The onboard humidifier system 106 may further comprise one or more vehicle window interior temperature sensors 144. As will be appreciated, the window interior sensors 144 may be directly associated with an interior surface of each window 104a, 104b, 104c, . . . , 104x, or may comprise one or more remotely positioned infrared sensors).
It is noted Daniel fails to particularly teach a kit of parts for use in modifying a vehicle equipped with an air-circulation and -recirculation system.
However, Quartarone, in the same field of endeavor, teaches a kit of parts for use in modifying a vehicle equipped with an air-circulation and -recirculation system (Quartarone ¶ [0049]: The present controller and method may also be added to a system that is currently a (non-adaptive) ECS, provided there is some means for controlling the FAF in that ECS, e.g. a flow control valve that could, in principle, be controlled by controller 40. That is, the controller 40 and sensor 34 may be retrofit onto an existing non-adaptive ECS to provide control of FAF in that ECS) comprising:
a) at least one carbon dioxide sensor configured to measure a carbon-dioxide level of a vehicle cabin air; b) at least one humidity sensor configured to measure a humidity level of cabin air; c) at least one window temperature sensor configured to measure a temperature of at least one vehicle window (Quartarone ¶ [0055]: the one or more sensors 34 are for detecting an environmental property inside the controlled environment 32. For example, the sensors may comprise one or more of: carbon dioxide (CO2) sensors, humidity sensors, or temperature sensors);
d) at least one processing unit (Quartarone ¶ [0054]: The controller 40 of the new aECS 100 described herein may comprise a processor 41 and is configured to receive data from one or more sensors 34 and to estimate a number of people in the controlled environment 32 based on the sensor data); and
e) a control unit configured to interface with, and control the vehicle’s at least one air-(re)circulation control unit (Quartarone ¶ [0054]: The flow control valve 50 may then be adjusted by the controller 40 (or based on information from the controller 40 provided to another aircraft system) to provide a particular air flow (Fresh Air Flow) 11 to the controlled environment 32 based on the estimated number of people in the controlled environment 32).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle air conditioning system and process for ventilating a passenger compartment of Claeys modified by the relative humidity measurement and target relative humidity of Larson and the window interior temperature measurement of Daniel to further include the relative humidity sensor of Larson, the window interior temperature sensor of Daniel, and the kit of parts for modifying a vehicle equipped with an air-circulation and recirculation system of Quartarone. A person of ordinary skill in the art would be motivated to make these modifications in order to maintain cabin control within a comfort zone enabling significantly improved efficiency at the system component level, resulting in a reduction of fuel consumption (Larson ¶ [0014]), to prevent and/or address issues of window fogging/frosting when increasing passenger cabin relative humidity (Daniel ¶ [0005]), and to modify an existing non-adaptive environmental control system allowing the ECS to maintain contaminant concentrations below threshold limits ensuring cabin air quality and passenger comfort (Quartarone ¶ [0049]-[0050]).
Claim 15 recites analogous limitations to claim 11, above, and is therefore rejected on the same premise.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure:
US 20240051370 by Ljungblad et al. discloses a system and method for monitoring and controlling air quality in a vehicle compartment. The system utilizes carbon dioxide, humidity, and temperature sensors to determine air quality which is used to adjust the ratio of recirculated air and air exchange with the outside environment (Ljungblad ¶ [0069]).
US 20190353407 by Miyakoshi et al. discloses an air-conditioning apparatus that utilizes air humidity, carbon dioxide, and temperature sensors to regulate the ratio of interior/exterior airflow to a vehicle interior (Miyakoshi ¶ [0048]).
WO 2023275067 by Dijken discloses a system for measuring cabin climate parameters including temperature, relative humidity, and carbon dioxide in order to regulate the ratio between an inlet air flow and a recirculation air flow (Dijken pg. 9 lines 8-21).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/N.P.L./Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666