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 .
This action is responsive to the preliminary amendment filed on 11/25/2025. Claims 1-17 and 19-21 are pending in this application. Claims 1, 3, 8, 17 and 20 have been amended. Claims 18 and 22 have been cancelled.
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 1-17 and 19-21 are 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.
Claim 1 recites the limitations "a thermal effector” in line 3 which is unclear and renders the claim indefinite. It is unclear what is the actual corresponding structure associated with the limitation. For examination purposes, the limitations have been interpreted as “a resistance heater” or “thermoelectric device”. see paragraphs [031] and [0192].
Claim 3 recites the limitation "a common component" in line 5 which is unclear and renders the claim indefinite. It is unclear what is the actual corresponding structure associated with the limitation. For examination purposes, the limitation has been interpreted as “a seat cushion”, “a seat back”, “a headrest”, “a door panel”, “a center console”, “a steering wheel”, “a gear shifter”, “an instrument panel”, “a headliner”, “a floor”, “a leg panel” or “a conduit”. see paragraph [030].
Claim 8 recites the limitation "a component" in line 2 which is unclear and renders the claim indefinite. It is unclear whether the limitation refers to the limitation “a common component” of claim 3 or something else. For examination purposes, the limitation has been interpreted as “the common component”.
Claim 11 recites the limitation “optionally where the vent communicates with a containment device” in the last two lines which is unclear and renders the claim indefinite. The limitation “optionally” is a conditioning recitation. It is unclear whether the limitation “where the vent communicates with a containment device” is required by the claim. For examination purposes, the limitation has been considered not part of the claim.
Claim 11 recites the limitation “a containment device” in the last line which is unclear and renders the claim indefinite. It is unclear what is the actual corresponding structure associated with the limitation. For examination purposes, the limitation has been interpreted as “a containment bag”; paragraph [051].
Claim 17 recites the limitations "a resistance element” in the last line which is unclear and renders the claim indefinite. It is unclear what is the actual corresponding structure associated with the limitation. For examination purposes, the limitations have been interpreted as “a resistance heater” (64); see figure 2.
Claim 2, 4-7, 9-10, 12-16 and 19-21 are rejected by the virtue dependency of claim 1.
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) 1-3, 11, 16-17 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jordan et al. (CN107107780A).
Regarding claim 1, Jordan discloses a conditioning system comprising:
a thermal effector (the thermoelectric devices 94A and/or 94B),
a first local sensor (the temperature sensors 112 and/or 124) associated with the thermal effector (94A and/or 94B), and a controller (the seat control module 110 and/or the backrest control module 120) in signaling communication with the thermal effector (94A and/or 94B) and the first local sensor (112 and/or 124; see figure 12);
wherein the controller (110 and/or 120) or an additional controller dynamically estimates a thermal condition remote from and at least partially influenced by the thermal effector (94A and/or 94B) based on a first temperature sensed by the first local sensor (112 and/or 124) and a second temperature sensed by a second local sensor (the one or more additional sensors such as, liquid or humidity sensor; paragraph 2 of page 12 to paragraph 2 of page 15; see figure 12); and
wherein the controller (110 and/or 120) controls the thermal effector (94A and/or 94B) based on the dynamically estimated thermal condition (the temperature and humidity detected by the sensors; paragraph 2 of page 12 to paragraph 2 of page 15; see figure 12).
Regarding claim 2, Jordan discloses the controller (110 and/or 120) is a thermal effector controller (110 and/or 120) local to the thermal effector (94A and/or 94B; see figure 12).
Regarding claim 3, Jordan discloses two or more of the thermal effector (94A and 94B) and two or more of the controller (110 and 120), each of the two or more controllers (110 and 120) being local to each of the two or more thermal effectors (94A and 94B; see figure 12); and wherein the two or more thermal effectors (94A and 94B) condition a common surface and/or a common airstream, or the two or more thermal effectors (94A and 94B) condition a common component (the vehicle seat; see figure 12; noted alternative limitation, the limitation “a common component” has been addressed).
Regarding claim 11, Jordan discloses the thermal condition includes a temperature of a surface, a temperature of an airstream (the temperature of the airstream detected by the sensors 112 and/or 124), or both (noted alternative limitation; the airstream temperature has been addressed; see figure 12);
wherein the surface is on a seat cushion (the seat cushion 32), a seat back (the backrest 34), a headrest, a door panel, a center console, a steering wheel, a gear shifter, an instrument panel, a headliner, a floor, a leg panel, or any combination thereof (see figure 12); and
wherein the airstream emanates from a vent (82A and/or 82B) in or on a seat cushion, a seat back (32 and 34), a headrest, a door panel, a center console, a steering wheel, a gear shifter, an instrument panel, a headliner, a floor, a leg panel, or any combination thereof (see figure 12); optionally where the vent communicates with a containment device (in light of the 112 2nd paragraph rejection above, the optional limitation has been considered not part of the claim).
Regarding claim 16, Jordan discloses the first local sensor (112 and/or 124) is located on or proximate to the thermal effector (94A and/or 94B; see figure 12).
Regarding claim 17, Jordan discloses the thermal effector (94A and/or 94B) is located in or on a component (the vehicle seat; see figure 12); wherein the component is a vehicle component (the vehicle chair; see figure 12); and wherein the vehicle component includes a seat cushion (the seat of the vehicle chair), a seat back (the backrest), a headrest, a door panel, a center console, a steering wheel, a gear shifter, an instrument panel, a headliner, a floor, a leg panel, a conduit, or any combination thereof (see figure 12); and wherein the thermal effector (94A and/or 94B) includes a resistance element, a thermoelectric device (the thermoelectric devices 94A and/or 94B), or both (see figure 12).
Regarding claim 20, Jordan discloses a human-machine interface (the user input device) adapted to receive a setpoint temperature (a control setting comprises a specific temperature setting; paragraph 1 of page 12), a setpoint mass air flow, or both (see figure 12); and wherein the controller or the additional controller (110 and/or 120) receives from an existing vehicle controller (the bus): a setpoint temperature (the specific temperature setting; paragraph 1 of page 12), a setpoint mass air flow, a temperature sensed by a second local sensor, a power budget, an occupancy status, an operation mode, or any combination thereof (see figure 12).
Regarding claim 19, Jordan discloses controlling the thermal effector (94A and/or 94B) includes regulating power to the thermal effector and/or reversing the polarity of the thermal effector (94A and/or 94B; the last paragraph of page 14) to achieve the setpoint temperature (the specific temperature setting; paragraph 1 of page 12); wherein said control is based on the dynamically estimated thermal condition (the temperature and humidity detected by the sensors) and the setpoint temperature (the specific temperature setting; paragraph 1 of page 12 and paragraph 2 of page 15; see figure 12).
Regarding claim 21, Jordan discloses the conditioning system comprises a blower (102A and/or 102B) and/or a valve (see figure 12); wherein the controller (110 and/or 120) cooperates in controlling a blower speed (fan speed) and/or a valve position to achieve the setpoint mass air flow and/or the setpoint temperature (paragraph 2 of page 15; see figure 12); and wherein said control is based on the temperature dynamically estimated by the controller or the additional controller (110 and/or 120; paragraph 2 of page 12 to paragraph 2 of page 15; see figure 12).
Allowable Subject Matter
Claims 4-10 and 12-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The primary reference Jordan taken alone or in combination fails to disclose the claimed control feature of the conditioning system as required in claim 4, 12 and 14. Also, the prior art of record fails to provide further teachings or motivations to modify the conditioning system of Jordan in order to arrive the claim invention. Therefore, claims 4-10 and 12-15 are allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUN KAI MA whose telephone number is (571)-270-3530. The examiner can normally be reached on Monday-Friday 9am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KUN KAI MA/Primary Examiner, Art Unit 3763
Prosecution Insights