Prosecution Insights
Last updated: October 27, 2026
Application No. 18/904,710

AIRFLOW OPTIMIZATION FOR CABIN COMFORT

Non-Final OA §102§103
Filed
Oct 02, 2024
Examiner
CONDO, VERONICA MARIE
Art Unit
3612
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Tesla Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
174 granted / 212 resolved
+30.1% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
25 currently pending
Career history
237
Total Applications
across all art units

Statute-Specific Performance

§103
38.3%
-1.7% vs TC avg
§102
35.7%
-4.3% vs TC avg
§112
23.3%
-16.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 212 resolved cases

Office Action

§102 §103
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 § 102 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 (i.e., changing from AIA to pre-AIA ) 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 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. Claims 1, 3-10, 13, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshii et al. (US PG Pub 2006/0186224). Regarding claim 1, Yoshii et al. disclose a heating, ventilation, and air conditioning (HVAC) apparatus for a vehicle, comprising: a suction HVAC unit comprising a plenum 18; a hot air pocket extraction duct 22 connected to the plenum 18 (see Figure 2; Paragraphs 121-122); and one or more suction intakes 21, 25 connected to the hot air pocket extraction duct 22, wherein the hot air pocket extraction duct 22 is configured to draw hot air from a hot air pocket in the vehicle through the one or more suction intakes 21, 25 into the plenum 18 (see Figure 2; Paragraphs 121-122). Regarding claim 3, Yoshii et al. disclose the HVAC apparatus of claim 1, wherein the one or more suction intakes 21, 25 comprise at least one roof suction intake 21 configured to be mounted in a roof 14 of the vehicle (see Figure 2; Paragraph 121). Regarding claim 4, Yoshii et al. disclose the HVAC apparatus of claim 1, further comprising a recirculation inlet 25 connected to the plenum 18 (see Figure 2; Paragraph 124). Regarding claim 5, Yoshii et al. disclose the HVAC apparatus of claim 4, further comprising a circulation fan 30 disposed in the plenum 18 and configured to create suction pressure to draw air through the recirculation inlet 25 and the hot air pocket extraction duct 22 (see Figure 2; Paragraph 121-124 and 132-133). Regarding claim 6, Yoshii et al. disclose the HVAC apparatus of claim 1, further comprising one or more heating or cooling coils 29, 31 disposed in the plenum 18 (see Figure 2; Paragraphs 130, 132 and 142). Regarding claim 7, Yoshii et al. disclose the HVAC apparatus of claim 1, further comprising an actuator (not shown) configured to selectively open and close the one or more suction intakes 25 (see Figure 2; Paragraph 124). Regarding claim 8, Yoshii et al. disclose a vehicle HVAC system, comprising: an HVAC apparatus including: a suction HVAC unit comprising a plenum 18; a hot air pocket extraction duct 22 connected to the plenum 18 (see Figure 2; Paragraphs 121-122); and one or more suction intakes 21, 25 connected to the hot air pocket extraction duct 22, wherein the hot air pocket extraction duct 22 is configured to draw hot air from a hot air pocket in a vehicle through the one or more suction intakes 21, 25 into the plenum 18 (see Figure 2; Paragraphs 121-122); one or more air outlets 57-60 connected to the plenum 18 (see Figure 2; Paragraphs 149-153); and one or more air director valves 61-63 configured to selectively direct conditioned air from the plenum 18 to the one or more air outlets 57-60 (see Figure 2; Paragraph 150). Regarding claim 9, Yoshii et al. disclose the vehicle HVAC system of claim 8, wherein the one or more suction intakes 21, 25 comprise at least one roof suction intake 21 configured to be mounted in a roof 14 of the vehicle (see Figure 2; Paragraph 121). Regarding claim 10, Yoshii et al. disclose the vehicle HVAC system of claim 9, wherein the one or more air outlets 57-60 comprise at least one of: one or more dashboard vents 59, 60; one or more instrument panel vents 57a, 57b; and one or more footwell vents 58 (see Figure 2; Paragraphs 149-153). Regarding claim 13, Yoshii et al. disclose a method of controlling climate in a vehicle cabin 10, the method comprising: activating a suction HVAC unit 18 to create suction pressure (see Figure 2; Paragraphs 116, 118, 155-158); drawing hot air from a hot air pocket in the vehicle cabin through one or more suction intakes 21, 25 connected to a hot air pocket extraction duct 22 (see Figure 2; Paragraphs 158 and 161); cooling the drawn hot air in the suction HVAC unit 18 (see Figures 3A-B: Paragraphs 158-159); and distributing the cooled air back into the vehicle cabin 10 (see Figure 2; Paragraphs 159-160 and 172). Regarding claim 15, Yoshii et al. disclose the method of claim 13, wherein the one or more suction intakes 21, 25 comprise at least one roof suction intake 25 configured to be mounted in a roof 14 of the vehicle cabin 10 (see Figure 2; Paragraph 121). Regarding claim 16, Yoshii et al. disclose the method of claim 13, further comprising: detecting a temperature in the vehicle cabin 10; and activating the suction HVAC unit 18 based on a detected temperature (see Figure 14; Paragraph 233-236). Regarding claim 17, Yoshii et al. disclose a method of manufacturing a vehicle having a climate control system, the method comprising: installing a suction HVAC apparatus in the vehicle, the suction HVAC apparatus comprising: a suction HVAC unit including a plenum 18; a recirculation inlet 25 connected to the plenum 18 (see Figure 2; Paragraph 124); a hot air pocket extraction duct 22 connected to the plenum 18 (see Figure 2; Paragraphs 121-122); and one or more suction intakes 21, 25 connected to the hot air pocket extraction duct 22 (see Figure 2; Paragraphs 121-124); positioning the one or more suction intakes 21, 25 in regions prone to hot air pocket formation in a vehicle cabin 10 (see Figure 2; Paragraph 121); connecting the suction HVAC unit to a vehicle climate control system; and configuring the vehicle climate control system to selectively activate the suction HVAC unit to draw hot air from hot air pockets through the one or more suction intakes 21, 25 (see Figures 1-2; Paragraph 157-159 and 233-236). Claims 1-2, 4-14, 17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Voss (DE 3714771). Regarding claim 1, Voss discloses a heating, ventilation, and air conditioning (HVAC) apparatus for a vehicle, comprising: a suction HVAC unit comprising a plenum 2; a hot air pocket extraction duct 6 connected to the plenum 2 (see Figures 1-2; Paragraphs 14-16); and one or more suction intakes 6, 9-11 connected to the hot air pocket extraction duct 6, wherein the hot air pocket extraction duct 6 is configured to draw hot air from a hot air pocket in the vehicle through the one or more suction intakes 6, 9-11 into the plenum 2 (see Figures 1-2; Paragraphs 14-16). The numeral 6 describes the duct, as well as the nozzle positioned on the dashboard of the vehicle and will be referenced as such throughout the claim mapping of this section to match the description found in the translation provided by the Examiner. Regarding claim 2, Voss discloses the HVAC apparatus of claim 1, wherein the one or more suction intakes 6, 9-11 comprise at least one dashboard suction intake 6 configured to be mounted in a dashboard 1 of the vehicle (see Figures 1-2; Paragraph 14). Regarding claim 4, Voss discloses the HVAC apparatus of claim 1, further comprising a recirculation inlet 10-11 connected to the plenum 2 (see Figures 1-2; Paragraphs 14-15). Regarding claim 5, Voss discloses the HVAC apparatus of claim 4, further comprising a circulation fan 3 disposed in the plenum 2 and configured to create suction pressure to draw air through the recirculation inlet 9 and the hot air pocket extraction duct 6 (see Figures 1-2; Paragraph 16). Regarding claim 6, Voss discloses the HVAC apparatus of claim 1, further comprising one or more heating or cooling coils 5 disposed in the plenum 2 (see Figures 1-2; Paragraph 14). Regarding claim 7, Voss discloses the HVAC apparatus of claim 1, further comprising an actuator 17 configured to selectively open and close the one or more suction intakes 10 (see Figures 1-2; Paragraph 18). Regarding claim 8, Voss discloses a vehicle HVAC system, comprising: an HVAC apparatus including: a suction HVAC unit comprising a plenum 2; a hot air pocket extraction duct 6 connected to the plenum 2; and one or more suction intakes 6, 9-11 connected to the hot air pocket extraction duct 6, wherein the hot air pocket extraction duct 6 is configured to draw hot air from a hot air pocket in a vehicle through the one or more suction intakes 6 into the plenum 2 (see Figures 1-2; Paragraph 16); one or more air outlets 7a, 7b, 8 connected to the plenum 2 (see Figures 1-2; Paragraph 14); and one or more air director valves 14, 15 configured to selectively direct conditioned air from the plenum 2 to the one or more air outlets 7a, 7b, 8 (see Figures 1-2; Paragraph 14). Regarding claim 9, Voss discloses the vehicle HVAC system of claim 8, wherein the one or more suction intakes comprise at least one dashboard suction intake 6 configured to be mounted in a dashboard of the vehicle (see Figures 1-2; Paragraphs 14-15 and 18). Regarding claim 10, Voss discloses the vehicle HVAC system of claim 9, wherein the one or more air outlets comprise at least one of: one or more dashboard vents 6; one or more instrument panel vents 7a, 7b; and one or more footwell vents 8 (see Figures 1-2; Paragraph 14). Regarding claim 11, Voss discloses the vehicle HVAC system of claim 9, further comprising a valve 17 configured to selectively connect the hot air pocket extraction duct 6 to either an inlet or an outlet of the suction HVAC unit (see Figures 1-2; Paragraph 18). Regarding claim 12, Voss discloses a vehicle comprising: a cabin; a dashboard; a windshield (see annotated Figure 2 below); and a vehicle HVAC system comprising: a suction HVAC unit comprising a plenum 2; a hot air pocket extraction duct 6 connected to the plenum 2 (see Figures 1-2; Paragraph 14); one or more suction intakes 6 positioned in a region between the windshield and the dashboard and connected to the hot air pocket extraction duct 6, wherein the hot air pocket extraction duct 6 is configured to draw hot air from a hot air pocket in the region through the one or more suction intakes 6 into the plenum 2 (see Figures 1-2 and annotated Figure 2 below; Paragraphs 14 and 18); one or more air outlets 7a, 7b, 8 connected to the plenum 2 (see Figures 1-2; Paragraph 14); and one or more air director valves 14, 15 configured to selectively direct conditioned air from the plenum 2 to the one or more air outlets 7a, 7b, 8 (see Figures 1-2; Paragraph 14). PNG media_image1.png 430 486 media_image1.png Greyscale Regarding claim 13, Voss discloses a method of controlling climate in a vehicle cabin, the method comprising: activating a suction HVAC unit to create suction pressure (see Paragraph 14); drawing hot air from a hot air pocket in the vehicle cabin through one or more suction intakes 6, 9-11 connected to a hot air pocket extraction duct 6 (see Figures 1-2; Paragraphs 14-17); cooling the drawn hot air in the suction HVAC unit; and distributing the cooled air back into the vehicle cabin (see Paragraphs 14 and 17). Regarding claim 14, Voss discloses the method of claim 13, wherein the one or more suction intakes 6, 9-11 comprise at least one dashboard suction intake 6 configured to be mounted in a dashboard of the vehicle cabin (see Figures 1-2 and annotated Figure 2 above; Paragraphs 16 and 18). Regarding claim 17, Voss discloses a method of manufacturing a vehicle having a climate control system, the method comprising: installing a suction HVAC apparatus in the vehicle, the suction HVAC apparatus comprising: a suction HVAC unit including a plenum 2; a recirculation inlet 11 connected to the plenum 2 (see Figures 1-2; Paragraphs 14-16); a hot air pocket extraction duct 6 connected to the plenum 2 (see Figures 1-2; Paragraph 16); and one or more suction intakes 6, 9-11 connected to the hot air pocket extraction duct 6 (see Figures 1-2; Paragraphs 14); positioning the one or more suction intakes 6 in regions prone to hot air pocket formation in a vehicle cabin (see Paragraph 17); connecting the suction HVAC unit to a vehicle climate control system; and configuring the vehicle climate control system to selectively activate the suction HVAC unit to draw hot air from hot air pockets through the one or more suction intakes 6 (see Paragraphs 6 and 18). Regarding claim 19, Voss discloses the method of claim 17, further comprising: installing a valve 16, 17 configured to selectively connect the hot air pocket extraction duct 6 to either an inlet or an outlet of the suction HVAC unit, thereby enabling the hot air pocket extraction duct 6 to be used for both hot air extraction and windshield defrosting (see Figures 1-2; Paragraphs 14-15 and 18). Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dage et al. (US Pat 5,755,378). Regarding claim 20, Dage et al. disclose a method of optimizing a vehicle HVAC system, comprising: identifying regions in a vehicle cabin prone to hot air pocket formation (see Col. 3, lines 64-67); installing a hot air pocket extraction duct 38 and suction intake 38 configuration to target the identified regions (see Figure 1; Col. 6, lines 22-30); integrating the installed hot air pocket extraction duct 38 and suction intake 38 configuration with a suction HVAC unit 20 (see Figure 1; Col. 6, lines 22-42; testing the integrated system to measure temperature gradients in the vehicle cabin (see Figure 4; Col. 7, lines 3-29); and adjusting the suction HVAC unit configuration based on the measured temperature gradients to maximize thermal comfort and minimize energy consumption (see Col. 6, lines 30-53; Col. 7, lines 3-20; Col. 8, lines 31-41). 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 (i.e., changing from AIA to pre-AIA ) 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, 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshii et al. in view of Voss. Regarding claim 18, Yoshii et al. disclose the method of claim 17, further comprising: installing at least one roof suction intake 21 in a region of a roof 14 of the vehicle. Yoshii et al. fail to disclose installing at least one dashboard suction intake in a region between a windshield and a dashboard of the vehicle. Voss discloses a heating, ventilation, and air conditioning (HVAC) apparatus for a vehicle, comprising: a suction HVAC unit comprising a plenum 2; a hot air pocket extraction duct 6 connected to the plenum 2 (see Figures 1-2; Paragraphs 14-16); and one or more suction intakes 6, 9-11 connected to the hot air pocket extraction duct 6, wherein the hot air pocket extraction duct 6 is configured to draw hot air from a hot air pocket in the vehicle through the one or more suction intakes 6, 9-11 into the plenum 2 (see Figures 1-2; Paragraphs 14-16). The one or more suction intakes 6, 9-11 comprise at least one dashboard suction intake 6 configured to be mounted in a dashboard 1 of the vehicle (see Figures 1-2; Paragraph 14) because the greatest heating occurs above the dashboard due to solar radiation and this significantly improves the climate control of the vehicle interior (see Paragraph 17). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to include in the method of Yoshii et al. the step of installing at least one dashboard suction intake in a region between a windshield and a dashboard of the vehicle, with a reasonable expectation of success, to improve climate control of the vehicle interior because of the solar radiation that occurs between the dashboard and the windshield, as taught by Voss. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. DeGrazia, Jr. et al. (US Pat 6,314,949) disclose an HVAC apparatus for a vehicle having a suction HVAC unit with a plenum, a hot air extraction duct, suction intakes, and outlet vents. Feltham (US PG Pub 2023/0191873) discloses an HVAC apparatus having a suction HVAC unit with a plenum, a suction intake, and outlet vents. Huang et al. (US PG Pub 2006/0065389) disclose an HVAC apparatus for a vehicle having a suction HVAC unit with a plenum, a suction intake, outlet vents, and a dashboard vent. Lee et al. (US PG Pub 2018/0290517) disclose a suction HVAC unit having a blower and an extraction duct. Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST. 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, Amy Weisberg can be reached at (571) 270-5500. 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. /VERONICA M CONDO/ Examiner, Art Unit 3612 /AMY R WEISBERG/ Supervisory Patent Examiner, Art Unit 3612
Read full office action

Prosecution Timeline

Oct 02, 2024
Application Filed
Sep 04, 2026
Non-Final Rejection mailed — §102, §103
Oct 20, 2026
Examiner Interview Summary
Oct 20, 2026
Applicant Interview (Telephonic)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12759506
Roof assembly comprising a cleaning feature and motor vehicle comprising a cleaning feature
3y 4m to grant Granted Oct 13, 2026
Patent 12734884
DISPLAY DEVICE, DASHBOARD AND TRANSPORTATION MEANS
3y 4m to grant Granted Sep 15, 2026
Patent 12722531
LOWER BODY STRUCTURE OF VEHICLE
3y 5m to grant Granted Sep 01, 2026
Patent 12722801
AIRCRAFT BOARDING VEHICLE AND METHODS OF USE
2y 11m to grant Granted Sep 01, 2026
Patent 12722730
COWLING STRUCTURE
2y 8m to grant Granted Sep 01, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
89%
With Interview (+6.8%)
2y 3m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 212 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month