DETAILED ACTION
Claims 1-2 and 4-6 are pending. Claims 1-2 and 4 are examined, and claims 5-6 are withdrawn from consideration as a result of the restriction requirement, subject to possible rejoinder if found to be dependent upon or otherwise commensurate in scope with an allowable elected invention. Claims dated 08/19/2026 are being examined.
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 .
Response to Arguments
Priority:
The effective filing date of the claims of this application is treated as 12/11/2024. Applicant’s claim for foreign priority is not perfected (see previous Office Action), and the remarks filed 08/19/2026 do not appear to traverse or indicate any otherwise. Entitlement to the foreign filing date cannot be determined at this time.
35 U.S.C. § 103:
Applicant's arguments filed 08/19/2026 have been fully considered but they are not persuasive. In pp. 4-5 of remarks, Applicant argues “specifically, the prior art fails to disclose or suggest at least wherein, in a case where the determination condition that the engine rotation speed reached a predetermined rotation speed is not satisfied, the use of a device that consumer engine power is restricted to make the gasoline engine satisfy the determination condition”
This amendment does not overcome the rejection using the combined teachings of Ezaka and Kouzel because the recitation does not require the device whose use is restricted to be a device separate from the air conditioner device/compressor. The claim merely requires restricting “at least use of a device that consumes engine power”. Kouzel teaches a compressor that consumes engine power, and further teaches that operation of the compressor is restricted/withheld until the engine is at or above a minimum engagement speed to prevent the engine from stalling (see [0070]). Accordingly, the air conditioner device/compressor taught by Ezaka, in view of Kouzel constitutes the claimed “device that consumes engine power”.
In particular, Ezeka, in view of Kouzel teaching that, upon an air-conditioning request, the engine rotation speed is compared to a predetermined rotation speed and the compressor operation is prevented/delayed/restricted when the engine rotation speed does not satisfy a predetermined condition, satisfies the amended limitation. The fact that the compressor is also part of the claimed “air conditioner device” does not remove it from the broader language “a device that consumes engine power”.
While the rejections using Ezaka, in view of Kouzel are substantially maintained for the reasoning above, even assuming “device that consumes engine power” necessarily means an auxiliary device other than the compressor, this would not overcome the prior art as the Examiner finds that the restricting auxiliary devices is well known to help increase engine speed by reducing the engine load and further help prevent possible stalling.
For example, Kawai et al. (US-20030033068-A1) teaches restricting engine load when the engine is below an engine accessory load cancellation speed ([0036] …the engine speed has become lower than the engine accessory load cancellation speed, the process proceeds to step S3 in which the amount of power generated by the alternator 7 is set as zero. That is, loads applied to the engine 1 by the functional devices are reduced).
As another example, Hosaka (US-4721083-A) teaches restricting various different auxiliary devices to reduce the engine load (Col 22 ln. 3-4: In practical engine stall preventive operation, there are two ways to prevent the engine from stalling. One is to reduce the load on the engine; Col 22 ln. 18-36: To reduce the load on the engine, the alternator also be controlled to reduce generation of electric power. To achieve this, field current applied to the alternator may be reduced by means of a relay in the alternator circuit. The relay may be controlled by the signal produced at the block 3753. The engine load can also be reduced by reducing the indirect load such as the electrical load on the alternator. For example, the electrical accessories such as a blower motor of the air conditioner unit, a rear defogger, and/or an automotive audio unit, may be temporarily disabled without interfering with engine operation. Since such electric accessories are connected to the vehicle battery through an ACC terminal in the ignition switch assembly, a single relay can enable and disable all of the electrical accessories. Furthermore, engine load can also be reduced by reducing the power supply to the headlamps, wiper motor and so forth which cannot be disabled but can be operated at reduced power).
While the claim as amended does not require the device to be an auxiliary device such as an alternator, headlamps, wiper motor etc, as taught in the prior art, this additional detail would still be rejected under 103, as the prior art teaches this aspect and the motivation to combine (this inclusion would achieve the reduction of engine load providing the benefits of helping the engine come back to speed and/or act as an engine stall prevention operation(s)).
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, 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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Ezaka et al. (JP-2020011605-A), in view of Kouzel et al. (US-20230358241-A1) and herein after will be referred to as Ezeka and Kouzel, respectively.
Regarding claim 1, Ezaka teaches a work vehicle, comprising:
a gasoline engine (FIG. 1 engine 102; [0015] Engine 102 is, for example, a 4-stroke gasoline engine);
a drive cabin covering a cabin space ([0032] - [0035] cabin temperature – Examiner interprets for cabin temperature to be measured, there must be a cabin);
an air conditioner device comprising a compressor driven by the gasoline engine, and (FIG. 1 compressor 116 driven by engine 102);
an air conditioning unit configured to generate an air conditioning airflow supplied to the cabin space; and (FIG. 1 blower 124)
an air conditioner control unit configured to control the air conditioner device, and ([0012] … air conditioner of a vehicle equipped with a control device for the vehicle's air conditioner)
wherein the compressor is driven in response to a compressor drive command at start of the air conditioner device which compressor drive command is issued (FIG. 1 air conditioner switch 156 ON/OFF).
While initial engagement of the air conditioner switch to ON drives the compressor, Ezaka does not explicitly teach compressor drive command is issued “based on engine state information on a state of the gasoline engine”, wherein the engine state information is an engine rotation speed, wherein at least use of a device that consumes engine power is restricted to make the gasoline engine satisfy a determination condition that the engine rotation speed reaches a predetermined rotation speed, in a case where the determination condition is not satisfied, and the compressor drive command is issued in response to the determination condition being satisfied.
However, Kouzel teaches a compressor drive command is issued “based on engine state information on a state of the gasoline engine” ([0070] Generally, the time at which an engagement signal is sent by a controller can be selected to ensure that an engine (e.g., the engine 108) is at or above a minimum engagement speed when the clutch reaches the engaged configuration, to prevent the engine 108 from stalling due to the increased inertial load from the initial engagement with the compressor 120),
wherein the engine state information is an engine rotation speed, wherein at least use of a device that consumes engine power is restricted to make the gasoline engine satisfy a determination condition that the engine rotation speed reaches a predetermined rotation speed, in a case where the determination condition is not satisfied, and ([0038] For example, as further detailed below, some approaches can include increasing an engine speed before clutch engagement; [0078] At block 504, the method 500 can include increasing an engine speed from a first engine speed to a second engine speed, to increase a rotational speed of an output shaft from a first rotational speed to a second rotational speed. Generally, operations at block 204 can thus help to bring engine speed to a higher value so that engagement with a clutch does not reduce an engine speed below a minimum allowable engine speed, or so that that engagement of the clutch does not cause the engine speed to drop below another relevant threshold (e.g., the first engine speed); supported by [0065]-[0069])
the compressor drive command is issued in response to the determination condition being satisfied (see above Kouzel [0070] teaching compressor engagement only after engine RPM exceeds a minimum allowable engine speed).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify when the air conditioner device compressor is driven as taught in Ezaka to incorporate the teachings of Kouzel to include being issued based on engine state information on a state of the gasoline engine, with a reasonable expectation of success since doing so would have achieved the benefit of “preventing the engine from stalling due to the increased inertial load from the initial engagement with the compressor” (Kouzel [0070]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to modify when the air conditioner device compressor is driven as taught in Ezaka to incorporate the teachings of Kouzel to include wherein the engine state information is an engine rotation speed, wherein at least use of a device that consumes engine power is restricted to make the gasoline engine satisfy a determination condition that the engine rotation speed reaches a predetermined rotation speed, in a case where the determination condition is not satisfied, and the compressor drive command is issued in response to the determination condition being satisfied, with a reasonable expectation of success since doing so would have achieved the benefit of “ensuring optimal engine speeds for initial clutch engagement while also avoiding excessive drop in engine speed during compressor startup (e.g., to below a stall-free or other optimal speed), due to the initial increase in inertial load from the compressor” (Kouzel [0036]) and “preventing the engine from stalling due to the increased inertial load from the initial engagement with the compressor” (Kouzel [0070]).
Regarding claim 2, Ezaka, as modified, teaches the work vehicle according to claim 1.
Ezaka also teaches further comprising: an engine control unit configured to control the gasoline engine and generate the engine state information ([0015] Vehicle 100 is equipped with an engine control unit (hereinafter referred to as "ECU") 128; [0024] The ECU 128 receives various operating parameters, such as the intake air volume of the engine 102, throttle position, engine speed, crank position, or water temperature).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ezaka, in view of Kouzel, in view of Klassen et al. (US-20060118290-A1), and herein after will be referred to as Klassen.
Regarding claim 4, Ezaka, as modified, teaches the work vehicle according to claim 1.
In FIG. 2 of Ezaka, the air conditioner control unit 138 (not the engine control unit 128) receives air conditioner switch 156 ON start input, so Ezaka does not explicitly teach wherein: an engine control unit receives an air conditioner start operation signal via the air conditioner control unit which air conditioner start operation signal is to start driving of the air conditioner device.
In FIG. 2 of Ezaka, the operation control unit 146 of the air conditioner control unit 138 (not the engine control unit 128) issues the compressor drive command, so Ezaka does not explicitly teach “the engine control unit” issues the compressor drive command.
However, Klassen teaches an engine control unit (FIG. 3 tractor main ECU 166 controls engine functions like ignition 186)
and an air conditioner control unit (FIG. 3 HVAC ECU 168 controls compressor 204),
where software functionality can be reassigned between controllers ([0036] While the preferred embodiment illustrated herein uses three interconnected ECU's, the functions performed by these three ECU's may be distributed between one or more ECU's. Thus, one or more ECU's may be substituted for the three interconnected ECU shown herein).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present claimed invention to (1) implement the receiving of the air conditioner start operation signal in the engine control unit and (2) implement the compressor drive command generation in the engine control unit rather than in the air conditioning control unit, with a reasonable expectation of success since Klassen teaches that control functions may be substituted and/or distributed between different ECUs depending on system design (Klassen [0036]), demonstrating that particular allocation of control functions among ECUs is a matter of design choice. As Ezaka teaches both the air conditioning control unit and the engine control unit are already in communication with each other (Ezaka [0023]), the modification for the engine control unit to issue the compressor drive command and the engine control unit to receive the air conditioner start operation signal represents a predictable reallocation of known control functionality between ECUs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Restricting engine auxiliary loads to help increase engine speed is known as taught in:
Kawai et al. (US-20030033068-A1) teaches restricting engine load so that engine can maintain acceptable operating condition when the engine is below a engine accessory load cancellation speed ([0036] …the engine speed has become lower than the engine accessory load cancellation speed, the process proceeds to step S3 in which the amount of power generated by the alternator 7 is set as zero. That is, loads applied to the engine 1 by the functional devices are reduced).
Hosaka (US-4721083-A) teaches restricting various different auxiliary devices to reduce the engine load (Col 22 ln. 3-4: In practical engine stall preventive operation, there are two ways to prevent the engine from stalling. One is to reduce the load on the engine; Col 22 ln. 18-36: To reduce the load on the engine, the alternator also be controlled to reduce generation of electric power. To achieve this, field current applied to the alternator may be reduced by means of a relay in the alternator circuit. The relay may be controlled by the signal produced at the block 3753. The engine load can also be reduced by reducing the indirect load such as the electrical load on the alternator. For example, the electrical accessories such as a blower motor of the air conditioner unit, a rear defogger, and/or an automotive audio unit, may be temporarily disabled without interfering with engine operation. Since such electric accessories are connected to the vehicle battery through an ACC terminal in the ignition switch assembly, a single relay can enable and disable all of the electrical accessories. Furthermore, engine load can also be reduced by reducing the power supply to the headlamps, wiper motor and so forth which cannot be disabled but can be operated at reduced power).
Kouzel cited above also can teach claim 4 in [0056] in that the air conditioner control unit and the engine control unit may be combined into a single controller, hence all the control functionalities are shared between the two.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVIN SEOL whose telephone number is (571) 272-6488. The examiner can normally be reached on Monday-Friday 9:00 a.m. to 5:00 p.m.
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, Jelani Smith can be reached on (571) 270-3969. 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.
/DAVIN SEOL/Primary Examiner, Art Unit 3662
Prosecution Insights