SLIDING FLAP OF A HEATING, VENTILATION AND/OR AIR-CONDITIONING DEVICE FOR A PASSENGER COMPARTMENT OF A VEHICLE

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 . Response to Arguments Applicant's arguments filed 09/29/2026 have been fully considered but they are not persuasive. The applicant argues, on pp. 7-9, that Ozeki does not disclose that “…the sliding flap is mobile between a first position, where the at least one first air path is fluidically isolated against the second mixing chamber, and a second position, where the second air path is fluidically isolated against the second mixing chamber” [amended claim 1 and original claim 2] because the isolation of the flow paths in Ozeki does not occur using the sliding flap 5 alone but the sliding flap in combination with flaps 4 and 9 [see pp. 8 of the response]. The examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the sliding flap isolates the first or second air path from the mixing chamber without the use of other flaps or structures) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The applicant argues, on pp. 10-12, that Suzuki does not disclose that “…the sliding flap is mobile between a first position, where the at least one first air path is fluidically isolated against the second mixing chamber, and a second position, where the second air path is fluidically isolated against the second mixing chamber” [amended claim 1 and original claim 2] because the sliding flap disclosed by Suzuki is not positioned at the end of the flow path [see pp. 10 of the response]. The examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the sliding flap being at the end of the flow path) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The applicant’s amendments to claim 6 overcome the 35 U.S.C 112(b) rejections [presented in the Non-Final rejection dated 06/29/2026, therefore the rejection is withdrawn. 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) 1-2, 5-6, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ozeki (US 2010/0181061 A1) With respect to claim 1 Ozeki discloses a heating, ventilation and/or air conditioning device [reference character 1] for a passenger compartment of a vehicle, the device comprising: at least one air inlet [reference character 13] at least one first air outlet [reference character 7] which is able to direct the flow of air to a front area (defrost) of the passenger compartment; and a second air outlet [the outlet of duct “R”] which is able to direct the flow of air to a rear area of the passenger compartment; at least one first heat exchanger [reference character 2] and one second heat exchanger [reference character 3] positioned downstream from the first heat exchanger relative to a direction of circulation of the flow of air within the device; at least one first chamber [reference character “F”] for mixing of the flow of air which is connected fluidically to the first air outlet; and at least one second chamber [reference character “R”] for mixing of the flow of air which is connected fluidically to the second air outlet, at least one first air path [see annotated Fig. below] passing through the second heat exchanger; and one second air path [see annotated Fig. below] which bypasses the second heat exchanger, wherein the first air path and the second air path opening open onto the second mixing chamber [see Fig. 5] and at least one sliding flap [reference character 5] positioned between at least one of the air paths and the second mixing chamber. Ozeki further discloses that the sliding flap is mobile between at least one first position [see Fig. 7], in which it isolates the first air path fluidically against the second mixing chamber and one second position [see Fig. 5], in which it isolates the second air path fluidically against the second mixing chamber. PNG media_image1.png 356 642 media_image1.png Greyscale PNG media_image2.png 374 612 media_image2.png Greyscale With respect to claim 5 Ozeki discloses a mixing flap [reference character 4] which is positioned fluidically between the first heat exchanger and the first mixing chamber for the flow of air, which chamber is connected fluidically to the first air outlet. With respect to claim 6 Ozeki discloses that the sliding flap is mobile in translation in a direction of translation which is substantially perpendicular1 to the flow of air which passes through at least one of the air paths [see annotated Fig. below]. PNG media_image3.png 439 779 media_image3.png Greyscale With respect to claim 13 Ozeki discloses a vehicle [see Title] comprising at least one device for heating, ventilation and/or air conditioning [see Abstract] according to claim 1 wherein the device is designed configured to heat or cool a front area and a rear area of a passenger compartment of the vehicle [see Abstract]. Claim(s) 1-4, 6-7, 9-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et. al (US 2020/0282795 A1) With respect to claim 1 Suzuki discloses a heating, ventilation and/or air conditioning device [see Fig. 1] for a passenger compartment of a vehicle, the device comprising: at least one air inlet [see annotated Fig. below] at least one first air outlet [reference character 34] which is able to direct the flow of air to a front area (defrost) of the passenger compartment; and a second air outlet [reference character 86] which is able to direct the flow of air to a rear area of the passenger compartment; at least one first heat exchanger [reference character 14] and one second heat exchanger [reference character 56] positioned downstream from the first heat exchanger relative to a direction of circulation of the flow of air within the device; at least one first chamber [see annotated Fig. below] for mixing of the flow of air which is connected fluidically to the first air outlet; and at least one second chamber [see annotated Fig. below] for mixing of the flow of air which is connected fluidically to the second air outlet, at least one first air path [see annotated Fig. below] passing through the second heat exchanger; and one second air path [see annotated Fig. below] which bypasses the second heat exchanger, wherein the first air path and the second air path opening open onto the second mixing chamber [see annotated Fig. below] and at least one sliding flap [reference character 92a (b)] positioned between at least one of the air paths and the second mixing chamber. Suzuki further discloses that the sliding flap is mobile between at least one first position [see Fig. 1], in which it isolates the first air path fluidically against the second mixing chamber and one second position [see Fig. 1, where 92a (b) are located in the down position, not shown in the Fig.], in which it isolates the second air path fluidically against the second mixing chamber. PNG media_image4.png 741 780 media_image4.png Greyscale With respect to claim 3 Suzuki discloses that wherein the sliding flap adopts an intermediate position between its first position and its second position, in which it isolates the first air path partly, fluidically against the second mixing chamber, and isolates the second air path partly against the second mixing chamber [paragraph 0057]. With respect to claim 4 Suzuki discloses that the second mixing chamber is positioned fluidically between the sliding flap and a shutter flap [reference character 106] which is mobile between an open position, in which it permits the passage of the flow of air from the second mixing chamber to the second air outlet, and a closed position, in which it prevents the circulation of the flow of air from the second mixing chamber to the second air outlet [see paragraphs 0052]. With respect to claim 6 Suzuki discloses that the sliding flap is mobile in translation in a direction of translation which is substantially perpendicular to the flow of air which passes through at least one of the air paths [see annotated Fig. above, where the arrow indicating path 1 is substantially perpendicular to the translation direction of the sliding valve]. With respect to claim 7 Suzuki discloses at least one first mouth [see annotated Fig. below] between the first air path and the second mixing chamber, and one second mouth [see annotated Fig. below] between the second air path and the second mixing chamber, wherein the first mouth and the second mouth each having comprise a perimeter with a form and dimensions complementary to a perimeter of the sliding flap. PNG media_image5.png 397 678 media_image5.png Greyscale With respect to claim 9 Suzuki discloses at least one sliding unit [reference character 18] of the sliding flap. With respect to claim 10 Suzuki discloses that the sliding flap comprises at least one actuation means [reference character 100] which is able to cooperate with at least one means [reference character 98] for controlling a translation of the sliding flap. With respect to claim 12 Suzuki discloses a housing [reference character 20] which accommodates the two heat exchangers the housing comprising: at least one wall [see annotated Fig. below] which delimits the two air paths, and an end edge [see annotated Fig. below] of which delimits the two mouths at least partly, wherein the end edge of the wall being is opposite the sliding flap irrespective of the position of the sliding flap. PNG media_image6.png 709 867 media_image6.png Greyscale Allowable Subject Matter Claims 8 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion THIS ACTION IS MADE FINAL. 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 VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM. 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, Helena Kosanovic can be reached at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762 1 See 112(b) rejection above.