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 Interpretation
The limitation “roof- side” is hereby interpreted as any area of the vehicle cabin that is situated above the floor of said vehicle cabin.
Claim Objections
Claim 1 is objected to because of the following informalities: “a first bypass flow path configured to allow the air blown from the blower to bypass the cooling heat exchanger and flow toward part the heating heat exchanger facing the first bypass flow path” should be rewritten to be -- a first bypass flow path configured to allow the air blown from the blower to bypass the cooling heat exchanger and flow toward part of the heating heat exchanger facing the first bypass flow path --, and will be interpreted accordingly. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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, 3 and 6-16 are rejected under 35 U.S.C. 103 as being unpatentable over Yomo et al. (Translation of JP2006027377A) as applied in Claim 1 above and in further view of view of Ariaux et al. (US PG Pub. 20200406710A1).
Regarding Claim 1, Yomo discloses a vehicular air conditioning system, comprising:
a cooling heat exchanger (13) and a heating heat exchanger (16) sequentially installed on an internal flow path (shown in figure 1) of an air conditioning case (11) to cool and heat an air blown from a blower (12, shown in figure 1);
a plurality of air discharge ports (19-20) configured to discharge cold air and hot air passing through the cooling heat exchanger and the heating heat exchanger (shown in figure 1) into a passenger room (“one blowout opening is a foot opening that blows air toward the passenger's feet in the vehicle compartment ( 19), and the other outlet opening is a face opening (20) that blows out air toward the passenger face side in the passenger compartment”);
a first bypass flow path (15, shown in figure 1 bypassing the evaporator (13)) configured to allow the air blown from the blower (12) to bypass the cooling heat exchanger (13) and flow toward part the heating heat exchanger (16) facing the first bypass flow path (shown in figure 1); and
a first opening/closing door (21) configured to open and close the first bypass flow path (shown in figure 1), wherein
the heating heat exchanger has a first region facing the first bypass flow path (shown in figures 1-2, being the left side of the heating heat exchanger (16)) and a second region facing the cooling heat exchanger (shown in figures 1-2, being the right side of the heating heat exchanger (16)), wherein
the first bypass flow path (15, shown in figure 1 bypassing the evaporator (13)) is arranged on the same air flow path as a floor-side air discharge port (19) which constitutes the air discharge ports of the air conditioning case and discharges air toward a lower section of the passenger room (shown in figure 1), so that the air is discharged toward the lower section of the passenger room after bypassing the cooling heat exchanger and directly passing through the first region of the heating heat exchanger (shown in figure 2 of Yomo), and wherein
the first region (shown in figure 1 of Yomo, wherein air that passes through the left side of the heating heat exchanger (16) is distributed to the foot section) corresponds to an air flow path extending from the first bypass flow path (15, shown in figure 1 bypassing the evaporator (13)) to the floor-side air discharge port (shown in figure 1), the second region (shown in figures 1-2, being the right side of the heating heat exchanger (16)) corresponds to another air flow path (shown in figure 1).
Yomo fails to disclose the first region and the second region are independently temperature-controllable regions configured to generate heat at different temperatures and the first region is independently temperature- controllable with respect to the second region so as to independently control the temperature of the air discharged from the first bypass flow path toward the lower section of the passenger room through the floor-side air discharge port.
Ariaux, also drawn to a vehicle heat exchanger with an evaporator bypass and heating heat exchanger, teaches a first region (9a.1) and a second region (9a.2) are independently temperature-controllable regions configured to generate heat at different temperatures (“The five heating portions 9a allow the air guided through the various heating portions 9a to be heated to different degrees, i.e. individually, by setting the electrical heating elements individually for each heating portion 9a. This in turn allows air to be supplied at different temperatures to the various air outlets 12 of the air outlet arrangement 11, which are connected fluidically downstream of the heating device 9”, ¶71) and the first region is independently temperature- controllable with respect to the second region so as to independently control the temperature of the air discharged from the first bypass flow path toward the lower section of the passenger room through the floor-side air discharge port (the sections of the heating heat exchanger having different temperatures is previously taught by Ariaux in ¶71, wherein multiple sections of the heating device (9) are utilized to provide conditioned air of varying temperatures to different sections of the vehicle interior, “The configuration of the heating device 9 with the heating portions 9a and the air outlet arrangement 11 with the air outlets 12 presented here thus makes it possible to introduce heated air of varying intensity via the air outlets 12 into different areas of a vehicle interior fluidically following the air outlet arrangement 12 of the module 1”, ¶72).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Yomo with the aforementioned limitations, as taught by Ariaux, the motivation being to allow for “the simultaneous generation of air with spatially varying air temperature and humidity, which can be individually supplied to different areas of a vehicle interior”, (¶5).
Regarding Claim 3, a modified Yomo further teaches the passenger room has a section into which the air passing through the first region of the heating heat exchanger is discharged (shown in figure 1 of Yomo, wherein air that passes through the left side of the heating heat exchanger (16) is distributed to the foot section) and a section into which the air passing through the second region of the heating heat exchanger is discharged (shown in figure 1 of Yomo, wherein air that passes through the left side of the heating heat exchanger (16) is distributed to the face section), and the temperatures of the sections of the passenger room are differentiated from each other by the air passing through the first region and the second region and having different temperatures (the sections of the heating heat exchanger having different temperatures is previously taught by Ariaux in the rejection of Claim 1, wherein multiple sections of the heating device (9) are utilized to provide conditioned air of varying temperatures to different sections of the vehicle interior, “The configuration of the heating device 9 with the heating portions 9a and the air outlet arrangement 11 with the air outlets 12 presented here thus makes it possible to introduce heated air of varying intensity via the air outlets 12 into different areas of a vehicle interior fluidically following the air outlet arrangement 12 of the module 1”, ¶72).
Regarding Claim 6, a modified Yomo further teaches the second region (shown in figures 1-2, being the right side of the heating heat exchanger (16)) corresponds to an air flow path extending from the cooling heat exchanger to a roof-side air discharge port that discharges air toward an upper section of the passenger room (shown in figure 1, wherein the face opening (20) discharges air toward an upper section of the vehicle interior compared to the foot opening (19)), and the second region is independently temperature-controllable with respect to the first region so as to differentiate the temperature of the air discharged toward the lower section of the passenger room from the temperature of the air discharged toward the upper section of the passenger room (the sections of the heating heat exchanger having different temperatures is previously taught by Ariaux in the rejection of Claim 1, wherein multiple sections of the heating device (9) are utilized to provide conditioned air of varying temperatures to different sections of the vehicle interior, “The configuration of the heating device 9 with the heating portions 9a and the air outlet arrangement 11 with the air outlets 12 presented here thus makes it possible to introduce heated air of varying intensity via the air outlets 12 into different areas of a vehicle interior fluidically following the air outlet arrangement 12 of the module 1”, ¶72).
Regarding Claim 7, a modified Yomo further teaches the first region (shown in figures 1-2, being the left side of the heating heat exchanger (16)) is controlled to have a higher temperature (as previously taught by Ariaux, wherein the individual flow paths are altered to each individual section of the vehicle interior, “different areas of the vehicle interior of a motor vehicle can be supplied with individually adjustable quantities of air—adapted to the individual needs and wishes of the occupants—while at the same time both temperature and humidity of the air can also be individually adjusted. This means that individually adapted ventilation conditions can be achieved for different parts of the vehicle interior, which are pleasant for the individual occupants”, ¶8) than the second region (shown in figures 1-2, being the right side of the heating heat exchanger (16)) so as to make the temperature of the air discharged toward the lower section of the passenger room (“Foot”, section of Yomo) higher than the temperature of the air discharged toward the upper section of the passenger room (“Face”, section of Yomo).
Regarding Claim 7, MPEP 2114 II clearly states “[A]pparatus claims cover what a device is, not what a device does" and a claim having a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 7 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding “first region is controlled to have a higher temperature than the first region so as to make the temperature of the air discharged toward the lower section of the passenger room higher than the temperature of the air discharged toward the upper section of the passenger room”, the invention as taught by the combined teachings of Yomo and Ariaux are deemed fully capable of performing such function. Ariaux comprises individually controlled heating portions of a heating device which is capable of distributing heating air to different sections of the vehicle interior. Therefore, the claim limitations are met by the combination of the references put forth in this action.
Regarding Claim 8, a modified Yomo further teaches the first opening/closing door (21) is configured to open and close the first bypass flow path according to an air conditioning mode (shown in figures 1, 3, 6 and 8).
Regarding Claim 9, a modified Yomo further teaches in a cooling mode, the first opening/closing door (21) is configured to block the first bypass flow path so that the air blown from the blower is cooled while passing through the cooling heat exchanger (shown in figure 3).
Regarding Claim 10, a modified Yomo further teaches in a heating mode, the first opening/closing door (21) is configured to open the first bypass flow path so that a part of the air blown from the blower is heated while being directly introduced to the heating heat exchanger without passing through the cooling heat exchanger (shown in figure 2).
Regarding Claim 11, a modified Yomo further teaches: a second bypass flow path (18) configured to allow a part of the air passing through the cooling heat exchanger (13) to be directly bypassed to the air discharge ports without passing the heating heat exchanger (shown in figures 3 and 5-6); and a second opening/closing door (22) configured to open and close the second bypass flow path (shown in figures 3 and 5-6).
Regarding Claim 12, a modified Yomo further teaches the second bypass flow path (18) is arranged on the same air flow path as a roof-side air discharge port which constitutes the air discharge ports of the air conditioning case and discharges air toward the upper section of the passenger room (shown in figure 1, wherein the face opening (20) discharges air toward an upper section of the vehicle interior compared to the foot opening (19) and is situated on the same air flow path as the second heating heat exchanger bypass passage (18)), so that the air on the side of the cooling heat exchanger can be directly discharged toward the upper section of the passenger room (shown in figure 1).
Regarding Claim 13, a modified Yomo further teaches the second opening/closing door (22) is configured to open and close the second bypass flow path according to the air conditioning mode (shown in figures 1, 3, 6 and 8).
Regarding Claim 14, a modified Yomo further teaches in the cooling mode, the second opening/closing door (22) is configured to open the second bypass flow path so that a part of the air passing through the cooling heat exchanger is bypassed to the air discharge ports before passing through the heating heat exchanger (shown in figure 3).
Regarding Claim 15, a modified Yomo further teaches in the heating mode, the second opening/closing door (22) is configured to block the second bypass flow path so that the air blown from the blower is heated while passing through the heating heat exchanger (shown in figure 2).
Regarding Claim 16, a modified Yomo further teaches is a temperature doorless air conditioning system configured to variably control the temperature of an air discharged into the passenger room using only the heating heat exchanger (as previously taught by Ariaux, wherein the individual flow paths are altered to each individual section of the vehicle interior, “different areas of the vehicle interior of a motor vehicle can be supplied with individually adjustable quantities of air—adapted to the individual needs and wishes of the occupants—while at the same time both temperature and humidity of the air can also be individually adjusted. This means that individually adapted ventilation conditions can be achieved for different parts of the vehicle interior, which are pleasant for the individual occupants”, ¶8).
Response to Arguments
Applicant's arguments filed 04/13/2026 have been fully considered but they are not persuasive.
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On page 7 of the Arguments the Applicant states, “By comparison, and with reference to Figure 1 of Ariaux, in Ariaux the first side path portion (5a) of evaporator (8) does not face part of heating device (9) (see blue portion, which is added by Applicant for illustration)”. The claimed limitations regarding the first bypass flow path facing the heating heat exchanger is taught by Yomo and Ariaux. The claim limitations (“first bypass flow path configured to allow the air blown from the blower to bypass the cooling heat exchanger and flow toward part the heating heat exchanger facing the first bypass flow path”) requires the flow path to face the heating heat exchanger, wherein no structural orientation or reference is provided to limit the definition of “facing”. Airflow travels in all directions through the various passages of the system and when directed towards the heating heat exchanger, said airflow emanating from the first bypass flow path does in fact face the heating heat exchanger. “A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton.” KSR, 550 U.S. at 421, 82 USPQ2d at 1397. “[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle.” Id. at 420, 82 USPQ2d at 1397. Office personnel may also take into account “the inferences and creative steps that a person of ordinary skill in the art would employ.” Id. at 418, 82 USPQ2d at 1396.
On page 8 of the Arguments the Applicant states “In addition, Ariaux does not control the first side path portion (5a) and the second side path portion
(5b) independently.” The first region (9a.1) and second region (9a.2) are independently temperature-controllable regions taught by Ariaux in the rejection of Claim 1, wherein the control of these regions allows for the delivery of varying degrees of heat to different areas of the vehicle (“The five heating portions 9a allow the air guided through the various heating portions 9a to be heated to different degrees, i.e. individually, by setting the electrical heating elements individually for each heating portion 9a. This in turn allows air to be supplied at different temperatures to the various air outlets 12 of the air outlet arrangement 11, which are connected fluidically downstream of the heating device 9”, ¶71)
On page 8 of the Arguments the Applicant states “Yomo also differs from Applicant's claimed invention. With reference to Figure 1 of Yomo (below), the heater core (16) of Yomo does not have a plurality of heating parts. In addition, the first bypass path (17) of evaporator (13) does not face part of heater core (16) (see blue portion, which is added by Applicant for illustration)”. Yomo discloses a plurality of regions, wherein the plurality of independently temperature-controllable regions is taught by Ariaux. “A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton.” KSR, 550 U.S. at 421, 82 USPQ2d at 1397. “[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle.” Id. at 420, 82 USPQ2d at 1397. Office personnel may also take into account “the inferences and creative steps that a person of ordinary skill in the art would employ.” Id. at 418, 82 USPQ2d at 1396.
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 PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL ALVARE/Primary Examiner, Art Unit 3763
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