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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`14/005,869
`
`09/18/2013
`
`Katsuji Taniguchi
`
`WASHB-51604
`
`7759
`
`1801 EAST 9TH STREET
`SUITE 1200
`
`THOMPSON,JASON N
`
`3744
`
`11/14/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`patdocket@ peame.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Status
`1)X] Responsive to communication(s) filed on 08/11/2016.
`LJ A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon__
`2a)X] This action is FINAL.
`2b)L] This action is non-final.
`3)L] Anelection was made bythe applicant in responsetoarestriction requirementset forth during the interview on
`
`
`; the restriction requirement and election have been incorporatedinto this action.
`4)[] Since this application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)KX] Claim(s) 1-3 is/are pending in the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-3 is/are rejected.
`8)L] Claim(s)____is/are objectedto.
`
`9)L] Claim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`or send an inquiry to PPHieedback@uspto.qoy.
`
`Application Papers
`10)L] The specification is objected to by the Examiner.
`11)] The drawing(s)filed on 09/18/2013 is/are: a)X] accepted or b)_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)X] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)X] All
`)[_] Some** c)] None ofthe:
`1..] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`““ See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Applicant(s)
`Application No.
` 14/005,869 TANIGUCHI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`JASON THOMPSON Na 3744
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply betimely filed
`
`Attachment(s)
`3) CT] Interview Summary (PTO-413)
`1) CT] Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`:
`.
`4 Ol Other:
`2) CT] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20161031
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application is being examined underthe pre-AlA first to invent
`
`provisions.
`
`This action is in response to applicant's amendment, filed 8/11/2016.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousnessrejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of thistitle, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`3.
`
`Claims 1 and 3 are rejected underpre-AlA 35 U.S.C. 103(a) as being
`
`unpatentable over Fukami (US 4,412,425), and further in view of Yamaoka (US
`
`2005/0230096), lritani et al. (US 6,430,951), and Bruss (US 6,584,795).
`
`Regarding claim 1, Fukami discloses a vehicle air conditioning apparatus
`
`comprising:
`
`An outside air inlet (1a) through which outside air is introduced from outside of a
`
`passenger compartment (Figure 3),
`
`Aninside air inlet (2c) through whichinsideair is introduced from inside of the
`
`passenger compartment(Annotatedfigure 3),
`
`A heat exchanger (8) that exchanges heat between inside air introduced through
`
`the inside air inlet and outside air introduced through the outside air inlet (Figure 3),
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 3
`
`While Fukami discloses a plurality of blower fans (5a, 5b), wherea [first] blower
`
`fan (e.g. 5a) blows outside air introduced through the outsideair inlet (Figure 3), and
`
`where an evaporator (6) cools outside air or inside air blown by a [second] blower fan
`
`(e.g. 5b) (Figure 3), Fukami is silent with respect to a blowerfan that blowsoutside air
`
`introduced through the outside air inlet such that the evaporator cools inside air blown
`
`by the blowerfan (i.e. a single blowerfan).
`
`Yamaoka(Figure 10) teachesa vehicle air conditioning apparatus comprising: a
`
`blowerfan (101) that blows outside air introduced through the outside air inlet (Figure
`
`10: Via opening 102), and an evaporator (105) cools inside air blown by the blowerfan
`
`(Figure 10: air from “119a” drawnby the fan), where the blower fan is arranged such
`
`that there is a blowing of outside air in the order of a blower fan (101) to an evaporator
`
`(105) and to a heater (106) by suction powerof the blowerfan (i.e. the claimedfirst flow
`
`path) (Figure 10 of Yamaoka: The blower is downstream of outside air opening 102),
`
`and where a blowing of indoorair in the orderof an insideair inlet (e.g. 119a) a heat
`
`exchanger (120) and outside of the passenger compartment(via 122) by a blowing
`
`force of the blowerfan (i.e. the claimed second flow passage) (Figure 10 of Yamaoka:
`
`Theinside air inlet is downstream of the blower 101). As a result it would have been
`
`obvious to one having ordinary skill in the art at the time the invention was made to
`
`configure the plurality of blower fans as disclosed by Fukami as a single blowerfan in
`
`the location taught by Yamaokato reduce system costs by eliminating an element from
`
`the apparatus.
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 4
`
`Further, while Fukami discloses a door (21) that is provided atthe inside inlet
`
`(Figure 3) that is associated with an aperture (i.e. through which air is enabled to pass),
`
`where outside air which has been subjected to heat exchange by the heat exchanger
`
`(Figure 3: Via the heat exchanger 3), or whereinside air is introduced through the inside
`
`air inlet (Figure 3), Fukami is silent with respect to the door as a mixing door (i.e. the
`
`dooris either open to outside air OR to insideair).
`
`lritani teaches a vehicle air conditioning apparatus comprising: a mix door (131)
`
`that is provided to adjust a degree of mixture between outside air and inside air (Figure
`
`1 and Col. 42, line 64 to col. 43, line 5: The dooris arranged at an intermediate position
`
`in which both inside air and outside air are admitted). As a result it would have been
`
`obvious to one having ordinary skill in the art at the time the invention was made to
`
`configure the door as disclosed by Fukami as a mixing door as taughtbyIritani to
`
`improve vehicle occupant comfort by enabling an air conditioning apparatus to undergo
`
`a dehumidifying operation (lritani: Col. 42, line 64 to col. 48, line 5).
`
`Further, while Fukami discloses a heater core (7) that heats the outside air
`
`cooled by the evaporator and sendsthe heated outside air toward the inside of the
`
`passenger compartment(Figure 3: Air from 1a passes evaporator 6 and heater core 7
`
`before entering the passenger compartmentvia 11), Fukami is silent with respect to the
`
`heater core as comprising a condenser.
`
`lritani teaches a vehicle air conditioning apparatus comprising: a blower (132), an
`
`evaporator (207), and a heater core (203), where the heater core heats outside air
`
`cooled by the evaporator and sends heated outside air toward an inside of a passenger
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 5
`
`compartment(Figure 1), and where the heater core is defined by a condenser(Figure 1
`
`and Col. 14, lines 42-50: Part of an existing loop including elements 201, 202, 203,
`
`207). As a result it would have been obvious to one having ordinary skill in the art at the
`
`time the invention was madeto configure the heater core as disclosed by Fukami as a
`
`condenseras taughtbyIritani to improve system efficiency by utilizing a readily
`
`available source of heat(i.e. utilizing heat available in an existing vapor-compression
`
`heat exchange loop).
`
`Fukami further disclosesa first flow passage is formed through which outsideair
`
`flows in the order of the blowerfan, the evaporator, the condenser, and the inside of the
`
`passenger compartment(Annotatedfigure 3), and
`
`A second flow passage is formed which is separated from the first flow passage,
`
`and through whichinside air flows in the orderof the inside air inlet, the heat exchanger,
`
`and the outside of the passenger compartment (Annotatedfigure 3), and
`
`The heat exchanger exchanges heat between outside air introduced through the
`
`outside air inlet (Figure 3) and inside air introduced into the second passageafter [the
`
`inside air] passes through the first passage and theinside of the passenger
`
`compartment (Figure 3), and where the heat exchangerdischarges inside air which has
`
`been subjected to heat exchange to the outside of the passenger compartmentby using
`
`a drain hose (2b) (Figure 3).
`
`However, Fukami does notdisclose the drain hose as discharging drain water to
`
`the outside of the passenger compartment, the drain water being generated when
`
`outside air is cooled by the evaporator.
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 6
`
`Bruss teachesa vehicle air conditioning apparatus (14) comprising: conventional
`
`heating and cooling units (Col. 1, lines 60-67), where the vehicle air conditioning
`
`apparatus generates condensatein the process of cooling air (Col. 1, lines 8-10), where
`
`a drain hose (40) discharges inside air which has been subjected to heat exchange to
`
`the outside of the passenger compartment (Figure 1 and Col. 2, lines 1-12), and where
`
`the drain hose is provided for discharging drain water to the outside of the passenger
`
`compartment(Figure 1 and Col. 2, lines 1-12). As a result it would have been obvious
`
`to one having ordinary skill in the art at the time the invention was madeto configure the
`
`drain hose as disclosed by Fukami to discharge condensate as taught by Brussto
`
`reduce incidenceof drain hose clogging and system damage by configuring the drain
`
`hose with positive air pressure (Bruss: Col. 1, lines 30-51: Positive air pressure forces
`
`condensatefrom collecting in the drain hose).
`
`Note: The result of the modification of Fukami in view of Yamaoka andIritani is a
`
`single blower fan as taught by Yamaokaat a location between the heat exchanger“3”
`
`and evaporator “6” as disclosed by Fukami.
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 7
`
`and flowpassage
`
`F | G * 3
`
`Ist fow passage
`
`Regarding claim 3, Fukami discloses a vehicle air conditioning apparatus as
`
`discussed above, further comprising: a vehicle comprising the vehicle air conditioning
`
`apparatus according to claim | (Col. 2, lines 18-29: The system is configured for use in
`
`combination with a vehicle).
`
`4.
`
`Claim 2 is rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable over
`
`Fukami (US 4,412,425), Yamaoka (US 2005/0230096), Iritani et al. (US 6,430,951), and
`
`Bruss (US 6,584,795), and furtherin view of Lee et al. (US 2005/0252647).
`
`Regarding claim 2, Fukami discloses a vehicle air conditioning apparatus as
`
`discussed above. However, Fukami is silent with respect to the heat exchanger as
`
`comprising a sensible heat exchanger.
`
`Lee et al. teaches a heat exchanger (200), where the heat exchanger comprises
`
`a sensible heat exchanger (i.e. conducts sensible heat, rather than latent heat)
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 8
`
`(Paragraph 45: The heat exchangeris formed from all aluminum). As a result it would
`
`have been obvious to one having ordinary skill in the art at the time the invention was
`
`made to configure the heat exchanger as disclosed by Fukami from materials
`
`conducting sensible heat exchanger as taught by Leeetal. to improve “absolute”(i.e.
`
`sensible) heat transfer efficiency by utilizing materials having relatively high thermal
`
`conductivity.
`
`Response to Arguments
`
`Applicant’s arguments with respect to claims 1-3 have been considered but are
`
`mootin view of new grounds ofrejection as necessitated by applicant’s amendment.
`
`Conclusion
`
`5.
`
`Applicant's amendment necessitated the new ground(s) of rejection presentedin
`
`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 eventafirst replyis filed within
`
`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
`
`shortenedstatutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuantto 37 CFR 1.136(a) will be calculated from the mailing date of
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 9
`
`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.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to JASON THOMPSON whosetelephone numberis
`
`(571)270-1852. The examiner can normally be reached on Monday-Thursday.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Judy Swann can be reached on 571-272-7075. The fax phone numberfor
`
`the organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automatedinformation
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/JASON THOMPSON/
`Examiner, Art Unit 3744
`/J. J. Swann/
`Supervisory Patent Examiner, Art Unit 3744
`
`

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