DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is the first Office Action on the merits. Claims 1-12 are currently pending and addressed below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application. No action on the part of the applicant is required at this time.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/5/2024 was filed before the mailing date of the present Office Action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(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.
Claims 1, 4, 5, and 7-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2018/0345762 to Bauer et al.
Regarding claim 1, Bauer et al. discloses:
An air quality control apparatus for a vehicle, the apparatus comprising:
a volatile organic compound (VOC) sensor configured to measure a concentration of volatile organic compounds inside the vehicle (¶ [0070] describing the sensors detecting the level of VOCs, CO2, concentration of particulate matter, and humidity inside the vehicle);
a CO2 sensor configured to measure a concentration of CO2 inside the vehicle (¶ [0070] describing the sensors detecting the level of VOCs, CO2, concentration of particulate matter, and humidity inside the vehicle);
a particulate matter (PM) sensor configured to measure a concentration of particulate matter inside the vehicle (¶ [0070] describing the sensors detecting the level of VOCs, CO2, concentration of particulate matter, and humidity inside the vehicle);
an auto defogging system (ADS) sensor configured to measure a humidity level inside the vehicle (¶ [0070] describing the sensors detecting the level of VOCs, CO2, concentration of particulate matter, and humidity inside the vehicle); and
a control unit configured to calculate an opening degree of an intake door, an operating level of a blower motor, and an operating level of an air conditioner, based on data measured from the ADS sensor, the VOC sensor, the CO2 sensor, and the PM sensor, the control unit configured to control the opening degree of the intake door, the operating level of the blower motor, and the operating level of the air conditioner, according to priority of the opening degree of the intake door, the operating level of the blower motor, and the operating level of the air conditioner (¶¶ [0093] – [0105] describing different scenarios where the control values of the blower, air conditions, and degree of opening of the diverter are determined based on the sensor data, and the blower, air conditioner, and degree of opening of the diverter are controlled based on those values based on priority).
Regarding claim 4, Bauer et al. discloses all the limitations of claim 1. Bauer et al. further teaches:
wherein when controlling the operating level of the blower motor selected based on the priority, the control unit is configured to perform control for maximizing the operating level of the blower motor based on the data measured from the ADS sensor, the VOC sensor, the CO2 sensor, and the PM sensor (¶ [0057] describing the blower fan running at a maximum operating level when necessary based on the sensor data; see also ¶¶ [0093] – [0105] describing different scenarios where the control values of the blower, air conditions, and degree of opening of the diverter are determined based on the sensor data, which includes max operation of the blower fan and min operation on the blower fan depending on the sensor data).
Regarding claim 5, Bauer et al. discloses all the limitations of claim 1. Bauer et al. further teaches:
wherein, when controlling the operation of the air conditioner selected based on the priority, the control unit is configured to operate the air conditioner in a case where there is at least one air conditioner-on request based on the data measured from the ADS sensor, the VOC sensor, and the PM sensor (¶ [0054] describing a user initiating the air condition (air conditioner-on request) or receiving an air condition-on request via controller based on the detect air quality in the vehicle; see also ¶ [0059]).
Regarding claim 7, Bauer et al. discloses:
A vehicle air quality control method, comprising:
operating a heating, ventilation, air conditioning (HVAC) system of a vehicle (¶ [0003] describing use in an HVAC system of a vehicle);
operating, by a control unit, a sensor unit (¶ [0038] describing use of one or more sensors);
receiving, by the control unit, data on a concentration of volatile organic compounds, a concentration of CO2 inside the vehicle, a concentration of particulate matter inside the vehicle, and a humidity level inside the vehicle from the sensor unit (¶ [0070] describing the sensors detecting the level of VOCs, CO2, concentration of particulate matter, and humidity inside the vehicle); and
controlling, by the control unit, a blower, an air conditioner, and an opening degree of an intake door based on the received data (¶ [0059] describing adjusting the air diverters based on the cabin air conditions; ¶¶ [0061], [0062] describing the fan (blower) can be controlled along with the diverter based on the air quality).
Regarding claim 8, Bauer et al. discloses all the limitations of claim 7. Bauer et al. further discloses:
wherein operating the sensor unit comprises: performing initialization of the sensor unit (¶ [0006] describing the sensor being configured; NOTE: The present specification does not provide a description as to any steps taken to perform the “initialization” of the sensor unit. As such, merely configuring the sensor to detect the air satisfies this limitation).
Regarding claim 9, Bauer et al. discloses all the limitations of claim 7. Bauer et al. further discloses:
wherein controlling the blower, the air conditioner, and the opening degree of the intake door comprises:
calculating, by the control unit, control values of the blower, the air conditioner, and the opening degree of the intake door based on the data received from the sensor unit; and controlling, by the control unit, the blower, the air conditioner, and the opening degree of the intake door according to priority of the calculated control values (¶¶ [0093] – [0105] describing different scenarios where the control values of the blower, air conditions, and degree of opening of the diverter are determined based on the sensor data, and the blower, air conditioner, and degree of opening of the diverter are controlled based on those values based on priority).
Regarding claim 10, Bauer et al. discloses all the limitations of claim 9. Bauer et al. further discloses:
wherein controlling the blower, the air conditioner, and the opening degree of the intake door according to the priority of the calculated control values, comprises:
sequentially determining control amounts of a blower motor respectively calculated based on data received from an auto defogging system (ADS) sensor, a volatile organic compound (VOC) sensor, a CO2 sensor, and a particulate matter (PM) sensor, and performing control for allowing the blower motor to have a maximum operating level (¶¶ [0093] – [0105] describing different scenarios where the control values of the blower, air conditions, and degree of opening of the diverter are determined based on the sensor data, and the blower, air conditioner, and degree of opening of the diverter are controlled based on those values based on priority, which includes max operation of the blower fan and min operation on the blower fan depending on the sensor data).
Regarding claim 11, Bauer et al. discloses all the limitations of claim 9. Bauer et al. further discloses:
wherein controlling the blower, the air conditioner, and the opening degree of the intake door according to the priority of the calculated control values, comprises:
sequentially determining the opening degree of the intake door according to priority of an auto defogging system (ADS) sensor, a volatile organic compound (VOC) sensor, a CO2 sensor, and a particulate matter (PM) sensor, and performing control for providing the opening degree of the intake door according to the priority (¶¶ [0093] – [0105] describing different scenarios where the control values of the blower, air conditions, and degree of opening of the diverter are determined based on the sensor data, and the blower, air conditioner, and degree of opening of the diverter are controlled based on those values based on priority).
Regarding claim 12, Bauer et al. discloses all the limitations of claim 11. Bauer et al. further discloses:
wherein controlling the blower, the air conditioner, and the opening degree of the intake door according to the priority of the calculated control values, comprises:
operating the air conditioner in a case where there is at least one air conditioner-on request based on data received from the ADS sensor, the VOC sensor, and the PM sensor (¶ [0054] describing a user initiating the air condition (air conditioner-on request) or receiving an air condition-on request via controller based on the detect air quality in the vehicle; see also ¶ [0059]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Bauer et al. in view of U.S. Pub. No. 2023/0256373 to Johnson et al.
Regarding claim 2, Bauer et al. discloses all the limitations of claim 1.
Bauer et al. does not expressly disclose wherein when controlling the opening degree of the intake door selected based on the priority, the control unit is configured to set the priority in order of the ADS sensor, the VOC sensor, the CO2 sensor, and the PM sensor to control the opening degree of the intake door.
Johnson et al., in the same field of endeavor, teaches configuring the sensors to place priority weighting on particular pollutants and contaminants (¶ [0053] describing the prioritizing of the particular sensors).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Bauer et al.’s invention to incorporate setting a specific priority order to the sensor data, as taught by Johnson et al., with a reasonable expectation of success in enabling the user to provide personal data, such as information relating to personal respiratory problems or allergies, for the system to prioritize the sensor detecting those particular particles (Johnson et al. at ¶ [0053]).
Regarding claim 3, the combination of Bauer et al. and Johnson et al. renders obvious all the limitations of claim 2. Johnson et al. further discloses:
wherein when controlling the opening degree of the intake door, the control unit is configured to sequentially determine the opening degree of the intake door in the order of the ADS sensor, the VOC sensor, the CO2 sensor, and the PM sensor to control the intake door (¶ [0053] describing the prioritizing of the particular sensors).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Bauer et al.’s invention to incorporate setting a specific priority order to the sensor data, as taught by Johnson et al., with a reasonable expectation of success in enabling the user to provide personal data, such as information relating to personal respiratory problems or allergies, for the system to prioritize the sensor detecting those particular particles (Johnson et al. at ¶ [0053]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bauer et al. in view of U.S. Pub. No. 2019/0283529 to Macneille et al.
Regarding claim 6, Bauer et al. discloses all the limitations of claim 1. Bauer et al. further discloses:
wherein when determining the priority based on the data measured from the ADS sensor, the VOC sensor, the CO2 sensor, and the PM sensor, the control unit is configured to:
control the opening degree of the intake door, the operating level of the blower motor, and an on-off of the air conditioner based on the priority of the opening degree of the intake door, the operating level of the blower motor, and the operating level of the air conditioner (¶¶ [0093] – [0105] describing different scenarios where the control values of the blower, air conditions, and degree of opening of the diverter, including turning the air conditioner on and off, are determined based on the sensor data, and the blower, air conditioner, and degree of opening of the diverter are controlled based on those values based on priority).
Bauer et al. does not expressly disclose indexing the data measured from the sensors.
Macneille et al., in the same field of endeavors, teaches indexing the sensor data to determine an air quality index (¶ [0029] describing the AQI).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Bauer et al.’s invention to incorporate indexing the sensor data into an air quality index, as taught by Macneille et al., with a reasonable expectation of success in personalize the AQI based on an individual’s air preference (Macneille et al. at ¶ [0029]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2024/0336113 to Haupt et al. teaches control of an HVAC system to operate an air intake based on the detected humidity in the vehicle (¶ [0057]);
U.S. Pub. No. 2022/0055458 to Varughese et al. teaches air intake control based on the detection of particulate matter, carbon dioxide, VOCs, and humidity in the vehicle (¶¶ [0038] – [0042]);
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D HOLMAN whose telephone number is (571)270-5291. The examiner can normally be reached M-F 7:30am-4pm ET.
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/JDH/Examiner, Art Unit 3667
/ANSHUL SOOD/Primary Examiner, Art Unit 3667
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