`
`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
`
`04/03/2017
`
`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)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/005,869 TANIGUCHI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor toFile)
`Office Action Summary
`
`JASON THOMPSON No 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 under the 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).
`Any reply 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 be timely filed
`
`-
`-
`
`Status
`1) Responsive to communication(s) filed on 03/10/2017.
`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filedon___
`2a)L] This action is FINAL.
`2b)X] This action is non-final.
`3)L] An election was made bythe applicant in responseto a restriction requirementset forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)K] 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 subjectto 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
`2 or send an inquiry to PPHfeedback@uspte.dov.
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)KX] 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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)X] All
`b)[-] Some** c)L] 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.
`
`
`
`Attachment(s)
`3) TC Interview Summary (PTO-413)
`1) C Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`;
`;
`Oo 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 20170327
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
`
`The present application is being examined underthe pre-AlA first to invent
`
`provisions.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A requestfor continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), wasfiled in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
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`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
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`3/10/2017 has been entered.
`
`Claim Rejections - 35 USC § 112
`
`3.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(b) CONCLUSION.—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`4.
`
`Claims 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly
`
`claim the subject matter which the inventor or a joint inventor, or for pre-AlA the
`
`applicant regards asthe invention.
`
`Regarding claim 1, the limitation “by separating a flow of the introduced inside
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`air into the heat exchanger and into the blowerfan through adjustment of an apertureof
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 3
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`the door” (lines 14-16) renders the claim indefinite as the mannerin which the inside air
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`is separated is unclear.
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`Specifically, it is unclear if a portion of “[the] flow of the introducedinside air” (line
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`15) is separated such that the heat exchanger and the blowerfan receive separate and
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`distinct airflows, orif “[the] flow of the introducedinside air” (line 15) is separated such
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`that the heat exchanger andthe blower fan receiveafirst airflow and a secondairflow is
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`routed elsewhere(e.g. to a location outside the passenger compartment) (see claim 1,
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`lines 25-27).
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`It is also unclear how adjustment of the door results in separating “[the] flow of
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`the introducedinside air” (line 15). Namely,it is unclear(i) if the door is adjusted to a
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`predeterminedposition (e.g. an intermediate position, a position closing one or more
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`ducts, etc.) in order for separation to occur, andit is unclear(ii) if adjustment of the door
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`is necessary for separation of “the flow of the introducedinside air” to be achieved(i.e. if
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`separation of the flow of the introduced inside air is possible if the door is not adjusted -
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`e.g. if the door is held in a fixed positon-).
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`Claim Rejections - 35 USC § 103
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`5.
`
`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.
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 4
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`6.
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`Claims 1 and 3 are rejected underpre-AlA 35 U.S.C. 103(a) as being
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`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:
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`An outsideair inlet (1a) through which outside air is introduced from outside of a
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`passenger compartment (Figure 3),
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`Aninside air inlet (2c) through whichinsideair is introduced from inside of the
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`passenger compartment(Annotated figure 3),
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`A heat exchanger (3) that exchanges heat between inside air introduced through
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`the inside air inlet and outsideair introduced through the outside air inlet (Figure 3),
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`While Fukami discloses a plurality of blower fans (5a, 5b), wherea [first] blower
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`fan (e.g. 5a) blows outside air introduced through the outsideair inlet (Figure 3), and
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`where an evaporator (6) cools outside air or inside air blown by a [second] blowerfan
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`(e.g. 5b) (Figure 3), Fukami is silent with respect to a blowerfan that blows outside air
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`introduced through the outside air inlet such that the evaporator cools inside air blown
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`by the blowerfan (i.e. a single blowerfan).
`
`Yamaoka (Figure 10) teachesa vehicle air conditioning apparatus comprising: a
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`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
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`(Figure 10: air from “119a” drawn bythe fan), where the blowerfan is arranged such
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`that there is a blowing of outsideair in the order of a blower fan (101) to an evaporator
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`

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`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 5
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`(105) and to a heater (106) by suction powerof the blowerfan (i.e. the claimedfirst flow
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`path) (Figure 10 of Yamaoka: The blower is downstream of outside air opening 102),
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`and where a blowing of indoor air in the orderof an inside air inlet (e.g. 119a) a heat
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`exchanger(120) and outside of the passenger compartment(via 122) by a blowing
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`force of the blowerfan (i.e. the claimed second flow passage) (Figure 10 of Yamaoka:
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`The inside air inlet is downstream of the blower 101). As a result it would have been
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`obvious to one having ordinary skill in the art at the time the invention was made to
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`configure the plurality of blower fans as disclosed by Fukami as a single blowerfan in
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`the location taught by Yamaokato reduce system costs by eliminating an element from
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`the apparatus.
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`Further, while Fukami discloses 4 coor (21) corresponding to an aperture (Figure
`
`a. Duot within which the dooris located) that is provided at the inside air inlet (Figure 3}
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`and that aclusis a mixture (Col. 3, lines 28-45: Door 21 is aciusied in that tis opened or
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`closed to route “inside air introduced through the inside air inie?” to one of 2b, tc, and 1b
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`in combination with door 22) between outside air which has been subjected to heat
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`exchange by the heat exchanger (Figure 3: See a first flow from ta io 16) anc inside air
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`introduced through the inside air inlet (Annotated figure 3: See a second flow of air fram
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`the “passenger compartment” which flows to 2b, tc, and 1b}, Fukami is silent with
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`respect to the door as adiusting a degree of mixture of the “outside air’ and “insicie air.”
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`lritani teaches a vehicle air conditioning apparatus comprising: a 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. 48, line 5: The dooris arranged at an intermediate position in
`
`

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`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 6
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`which both inside air and outside air are admitted). As a result it would have been
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`obvious to one having ordinary skill in the art at the time the invention was made to
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`configure the door as disclosed by Fukami to adjust a degree of mixture as taught by
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`lritani to improve vehicle occupant comfort by enabling an air conditioning apparatus to
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`undergo a dehumidifying operation (Iritani: Col. 42, line 64 to col. 43, line 5).
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`Further, the combination of Fukami, Yamaoka, andIritani teaches separaling a
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`How of the introduced inside air into the heat exchanger (Figure 3 of Fukam: A first flow
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`How fram 2a to 2b) and into the blower fan (Figure 3 of Fukarmi in view of Yamaoka: A
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`second flow from 2a to 1b, where -as discussed above- Yamaokateacheslocating a
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`blower fan downstream of a heat exchanger} through aciusiment fof a degree af
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`mixture] of an aperture of the door (Figure 1 and Col. 42, line 64 to col. 43, line 5 of
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`lritani: The door is arranged at an intermediate position in which both inside air and
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`outside air are admitted}.
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`Further, while Fukami discloses a heater core (7) that heats the outside air
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`cooled by the evaporator and sendsthe heated outside air toward the inside of the
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`passenger compartment (Figure 3: Air from 1a passes evaporator 6 and heatercore 7
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`before entering the passenger compartmentvia 11), Fukami is silent with respect to the
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`heater core as comprising a condenser.
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`lritani teaches a vehicle air conditioning apparatus comprising: a blower (132), an
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`evaporator (207), and a heater core (203), where the heater core heats outside air
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`cooled by the evaporator and sends heatedoutside air toward an inside of a passenger
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`compartment(Figure 1), and where the heater core is defined by a condenser(Figure 1
`
`

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`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 7
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`and Col. 14, lines 42-50: Part of an existing loop including elements 201, 202, 203,
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`207). As aresult it would have been obvious to one having ordinary skill in the art at the
`
`time the invention was made to configure the heater core as disclosed by Fukami as a
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`condenseras taughtbyIritani to improve system efficiency by utilizing a readily
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`available source of heat(i.e. utilizing heat available in an existing vapor-compression
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`heat exchange loop).
`
`Fukami further disclosesafirst flow passageis formed through which outsideair
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`flows in the order of the blowerfan, the evaporator, the condenser, and the inside of the
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`passenger compartment (Annotatedfigure 3), and
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`A second flow passageis formed which is separated from the first flow passage,
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`and through whichinsideair flows in the orderof the inside air inlet, the heat exchanger,
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`and the outside of the passenger compartment (Annotated figure 3), and
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`The heat exchanger exchanges heat between outsideair introduced through the
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`outsideair inlet (Figure 3) and inside air introduced into the second passage after [the
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`inside air] passes through the first passage and the inside of the passenger
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`compartment (Figure 3), and where the heat exchanger dischargesinside air which has
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`been subjected to heat exchange to the outside of the passenger compartmentby using
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`a drain hose (2b) (Figure 3).
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`However, Fukami doesnotdisclose the drain hose as discharging drain water to
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`the outside of the passenger compartment, the drain water being generated when
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`outside air is cooled by the evaporator.
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`

`

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

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`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 9
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`and flowpassage
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`F | G * 3
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`Ist fow passage
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`Regarding claim 3, Fukami discloses a vehicle air conditioning apparatus as
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`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
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`combination with a vehicle).
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`7.
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`Claim 2 is rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable over
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`Fukami (US 4,412,425), Yamaoka (US 2005/0230096), Iritani et al. (US 6,430,951), and
`
`Bruss (US 6,584,795), and further in view of Lee et al. (US 2005/0252647).
`
`Regarding claim 2, Fukami discloses a vehicle air conditioning apparatus as
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`discussed above. However, Fukami is silent with respect to the heat exchanger as
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`comprising a sensible heat exchanger.
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`Lee et al. teaches a heat exchanger (200), where the heat exchanger comprises
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`a sensible heat exchanger(i.e. conducts sensible heat, rather than latent heat)
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`

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`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 10
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`(Paragraph 45: The heat exchangeris formed from all aluminum). As a result it would
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`have been obvious to one having ordinary skill in the art at the time the invention was
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`made to configure the heat exchanger as disclosed by Fukami from materials
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`conducting sensible heat exchanger as taught by Leeet al. to improve “absolute”(i.e.
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`sensible) heat transfer efficiency by utilizing materials having relatively high thermal
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`conductivity.
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`Responseto Arguments
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`Regarding the arguments on page 4, line 7 to page 5, line 22:
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`Applicant alleges that none of Fukami, Yamaoka,Ititani, nor Bruss teach or
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`disclose claim 1
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`in thatlritani does not remedy Fukami with respect to a door that
`
`separates insideair flow, specifically that Fukami does not separate the insideair flow
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`and lritani teaches only one damperthat changesthe induction of air between inside air
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`and outside air. Applicant’s argument has been fully considered but is not found to be
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`persuasive.
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`Initially, applicant’s amendment introducesindefiniteness issues with respect to
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`how the claimed “inside air” is being separated.
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`Further, and in responseto applicant's arguments against the references
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`individually, one cannot show nonobviousnessby attacking references individually
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`wherethe rejections are based on combinations of references. See /n re Keller, 642
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`F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231
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`USPQ 375 (Fed. Cir. 1986).
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`In the instant case, Fukami discloses the claimed invention
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`

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`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 11
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`including & dwor {21} that acjusis a mixture (Cal. 3, lines 28-45: Door 21 is adjusted in
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`thal itis opened or closed to route “Inside air introduced through ihe inside air inlet” to
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`one of 26, ic, and 1b in combination with door 22} between outside air which has been
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`subiecied to heal exchange by the heat exchanger (Figure 3: See a first flowfrom ta io
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`16} and inside air introduced throughihe inside alr iniel (Annoiated figure 3: See a
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`second flow of air fram ihe “passenger compariment’ which flaws to 2b, 1c, and 1b).
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`However, Fukami is silent with respect to the door as adiusting a degree of mixture of
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`the “outside air’ and “inside air.” Iritani remedies this deficiency since Iritani teaches a
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`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 door is arranged at an
`
`intermediate position in which both inside air and outside air are admitted).
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`Note: The combination of Fukami, Yamaoka, andIritani results in a configuration
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`in which the door as disclosed by Fukami is arranged at an intermediate position in view
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`of lritani (i.e. not only at open or closed positions) enabling mixing of inside and outside
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`air (Figure 1 and Col. 42, line 64 to col. 48, line 5 of Iritani).
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`By virtue of configuring the door of Fukami to achieve a degree of mixture
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`betweeninside and outside air as taughtbyIritani, the flow of Fukami is separated to
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`allow mixing of inside and outside air into the heat exchanger (Figure 3 of Fukami: A
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`first flow How frarn 2a to 2b) and into the blower fan (Figure 3 of Fukarnm in view of
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`Yamaoka: A second flow from 2a to 1b, where -as discussed above- Yamaoka teaches
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`locating a blower fan downstream of a heat exchanger}.
`
`

`

`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 12
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`Further nate: The door “131” of iritani serves an analogous function as the
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`door(s} “21 and 22” of Fukami in that ihe respective doors are conliqured to actuated to
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`recircuilate inside air and/or admit cutsice air.
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`Regarding the arguments on page 5, lines 23-28:
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`Applicant alleges that Lee does not remedy Fukami with respectto claim 1.
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`Applicant’s argument has been fully considered but is not found to be persuasive as Lee
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`wasnot relied upon to remedy Fukami with respectto claim 1.
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`Conclusion
`
`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
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`supervisor, Judy Swann can be reached on 571-272-7075. The fax phone numberfor
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 14/005,869
`Art Unit: 3744
`
`Page 13
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`Information regarding the status of an application may be obtained from the
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`
`/JASON THOMPSON/
`Examiner, Art Unit 3744
`
`