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 .
Claim Rejections - 35 USC § 112
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.
Claim 6 is 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.
The term “substantially” in claim 6 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
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With respect to claim 2 Ozeki 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.
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].
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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.
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With respect to claim 2 Suzuki 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.
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.
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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.
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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
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B McAllister can be reached at 571-272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
1 See 112(b) rejection above.
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