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 .
Claims 1-13 and 15-19 have been presented for examination.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-5, 10-12, 15-17 and 19 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-5, 11-13, 15-17 and 19 of copending Application No. 18/878503 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
18/877923
18/878503
1. A control system for controlling a climate system of a vehicle, the climate system comprising a vent having adjustable flow-direction control and an actuator for adjusting a flow-direction of the vent, the control system comprising one or more controllers, the control system configured to:
1. A control system for dynamic control of a climate system of a vehicle in a pre-conditioning operation mode, the climate system comprising a vent having adjustable flow-direction control and an actuator for adjusting a flow-direction of the vent, the control system comprising one or more controllers, the control system configured to:
receive a first input signal indicative of a request for a pre-conditioning operation mode;
determine a dynamic vent control scheme, wherein the dynamic vent control scheme defines a plurality of vent flow-directions; and
determine a dynamic vent control scheme in response to the pre-conditioning operation mode request, wherein the dynamic vent control scheme defines a plurality of vent flow-directions; and
output an actuator control signal to control the actuator to adjust the vent flow-direction in accordance with the dynamic vent control scheme to effect a dynamic vent operation mode1.
output an actuator control signal to control the actuator to adjust the vent flow-direction in accordance with the dynamic vent control scheme.
Claims 2-5, 10-12, 15-17 and 19 are anticipated by claims 2-5, 11-13, 15-17 and 19 of the copending application respectively.
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.
Claims 3, 5-8 and 17-19 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 3 refers to a “second input signal” without previously presenting a first input signal. It is unclear whether claim 3 requires two input signals or only one.
Claim 5 refers to a “third input signal” without previously presenting a first or second input signal. It is unclear whether claim 5 requires three input signals or only one.
Claim 6 refers to a “forth input signal” without previously presenting a first, second or third input signal. It is unclear whether claim 6 requires four input signals or only one.
Claim 8 refers to a “fifth input signal” without previously presenting a first, second, third or fourth input signal. It is unclear whether claim 8 requires five input signals or only one.
Claim 17 refers to a “third input signal” without previously presenting a first or second input signal. It is unclear whether claim 17 requires three input signals or only one.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 9-13 and 15-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Winget Jr et al2 [Winget] PGPUB 2015/0328958.
Referring to claim 1, Winget teaches the control system for controlling a climate system of a vehicle, the climate system comprising a vent having adjustable flow-direction control and an actuator for adjusting a flow-direction of the vent, the control system comprising one or more controllers [0063-0065], the control system configured to:
determine a dynamic vent control scheme, wherein the dynamic vent control scheme defines a plurality of vent flow-directions [Figs. 8-9, 0093, 0102, 0104]; and
output an actuator control signal to control the actuator to adjust the vent flow-direction in accordance with the dynamic vent control scheme to affect a dynamic vent operation mode [abstract, 0065, 0093-0094, 0104].
Referring to claim 2, Winget teaches controlling the oscillation of the flow of air [0093].
Referring to claim 3, Winget teaches further controlling a temperature within the car by controlling heating elements [0074].
Referring to claims 4-5, Winget teaches defaulting to a dynamic control profile for the vent scheme based on user identification [0066].
Referring to claim 9, Winget teaches a touch/gesture interface for a UI to adjust the dynamic control and provide a visual representing the adjustment [Figs. 7-9, 0096, 0102].
Referring to claims 10-12, these are rejected on the same basis as set forth herein above with respect to claim 1. Winget teaches the control system for controlling the claimed climate system and therefore also teaches the climate control system, vehicle comprising the climate control system and method for performing the same.
Referring to claim 13, Winget shows that not only can a user change the direction of each vent but also use a pinch gesture to control the vents to oscillate thus changing the width of the dynamic air movement [Figs. 7-9, 0093-0094, 0102]. Dynamic air movement can be interpreted as both configuring each vent to point in their own respective directions in addition to an oscillating motion. Fig. 9 shows that the display shows a graphical representation that is different than when simply changing the direction of the vent as we see in Fig. 8.
Referring to claim 15, this is rejected on the same basis as set forth herein above with respect to claim 12. Winget teaches the method and therefore teaches the program performing the same.
Referring to claims 16-19, these are rejected on the same basis as set forth hereinabove with respect to claims 4-5.
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winget as applied to claims 1-5, 9-13 and 15-19 above.
Referring to claim 8, while Winget teaches the invention substantially as claimed above, it is not explicitly taught to include a pre-defined use case that can be switched to and includes its own static or dynamic vent parameters. The examiner is taking official notice that cars include defrost modes wherein a driver can select a front defrost mode that adjusts HVAC operation to direct air to the front windshield. A front defrost mode is interpreted as the claimed use-case operation mode. It would have been obvious to one of ordinary skill in the art before the effective filing date to include a defrost mode into Winget because it provides the known benefit of clearing ice, snow and condensation from the front windshield.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winget as applied to claims 1-5, 9-13 and 15-19 above, and further in view of Vijaya Kumar et al [VK] PGPUB 2017/0355377.
Referring to claims 6-7, while Winget teaches the invention substantially as claimed above, it is not explicitly taught to further identify an occupant’s specific behavior based on a physical or mantal condition and make pre-determined adjustments to the climate control based on the specific behavior monitored. VK teaches the ability to monitor a driver of a vehicle and determine if they are tired, stressed, anxious or even intoxicated [0018]. VK also teaches that if it is determined that the driver is too fatigued or tired to drive the system can attempt to perk up the driver by reducing the air temperature from the HVAC system [0189, 0220]. It would have been obvious to one of ordinary skill in the art before the effective filing date to include the teachings of VK into Winget because doing so would provide the predictable result of including a mechanism that could improve the safety of the car by perking up a driver in the event they get too tired.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A CONNOLLY whose telephone number is (571)272-3666. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at 571-272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK A CONNOLLY/Primary Examiner, Art Unit 2115 8/31/26
1 The control system in the ‘503 reference is explicitly claimed as being a dynamic vent control scheme which is interpreted as a dynamic vent control operation mode.
2 Cited by applicant
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