DETAILED ACTION
This is a first action on the merits. Claims 1-6 are pending. Claims 1-4 are examined, and claims 5-6 are withdrawn from consideration as a result of the restriction requirement, subject to possible rejoinder if found to be dependent upon or otherwise commensurate in scope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 12/11/2024 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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 04/11/2024. It is noted, however, that applicant has not filed a certified copy of the JP2024-064042 application as required by 37 CFR 1.55.
The record does not include an English language translation of the Japanese priority application. An acceptable translation and accuracy statement of the translation of said foreign priority application has NOT been made of record; thus, Applicant’s claim for foreign priority is not perfected (MPEP 216). Specifically, when an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate (MPEP 215 and 216). Until the translation and the statement is provided, entitlement to the foreign filing date cannot be determined.
Election/Restrictions
Claims 5-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claims. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/24/2026.
Applicant's election with traverse of Group I: claims 1-4 in the reply filed on 04/24/2026 is acknowledged. The traversal is on the ground(s) that there is no serious search burden if all the species were examined in a single application. This is not found persuasive at least because per MPEP 808.02(C), serious burden can be established by the necessity for employing different search queries.
While some search terminology may overlap at a high level of abstraction, the specific searches necessary to locate the most relevant prior art for each species would not be substantially identical. There is reasonable basis to support a conclusion that the search for one of the species would not likely result in finding art pertinent in others. Each species having different control schemes are mutually exclusive, and for example searching the elected invention Group I as represented by FIG. 5 would require search queries on the engine control unit and air conditioner control unit, with the meter control unit being a nominal addition. No search queries are required for the control functionalities of the meter control unit when examining Group I. However, the embodiment represented by Group II for example would require search queries on the functionalities of the meter control unit that performs control functions which is different from at least that of Group I.
There is non-overlapping scope in each mutually exclusive embodiment with no current evidence that any of them are obvious variants of each other. Each species requires separate review of different limitations and different prior art teachings, and examination of one species would not result in a complete examination of the other species, evidencing a serious search burden.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/11/2024 was filed. 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 § 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 1-3 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”.
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).
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]).
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).
Regarding claim 3, Ezaka, as modified, teaches the work vehicle according to claim 2.
Ezaka, as modified, does not explicitly teach wherein: the engine state information is an engine rotation speed, the gasoline engine is controlled to 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 also teaches wherein: the engine state information is an engine rotation speed, the gasoline engine is controlled to 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 rejection of claim 1 cited to 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 wherein: the engine state information is an engine rotation speed, the gasoline engine is controlled to 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]).
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 3.
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: the 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.
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.
[0056] Controller 180 can thus be configured to implement some or all of the operations of the control processes described herein, which can, as appropriate, be executed based on instructions or other data retrieved from memory. In some embodiments, the controller 180 can include multiple control devices (or modules) that can be integrated into a single component or arranged as multiple separate components. In some embodiments, the controller 180 can be part of a larger control system and can, accordingly, include or be in electronic communication with a variety of control modules, for example, engine controllers, clutch controllers, compressor controllers, hub controllers, etc. For example, as illustrated in FIG. 1 , the controller 180 may include one or more of a dedicated engine controller 182, a dedicated clutch controller 184, a dedicated compressor controller 186, or various other control modules.
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.
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/DAVIN SEOL/Examiner, Art Unit 3662
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