`“x
`‘\\f
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVIISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/770,533
`
`08/26/2015
`
`Tomohiro TERADA
`
`WASHB—54962
`
`8900
`
`pEARNE&G0RD0N LLP m
`1801 EAST 9TH STREET
`SANKS’ SCHYLER S
`SUITE 1200
`
`3744
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/26/2018
`
`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 @ pearne.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/770,533 TERADA ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`3744SCHYLER s. SANKS $233
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g 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, even if 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)IXI Responsive to communication(s) filed on 04/09/2018.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`2a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)|XI Claim(s) 1-3 5 and 7-10 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`
`1-3 5 and 7-10 is/are rejected.
`
`is/are objected to.
`
`
`
`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
` S
`htt
`://www.usoto. ov/ atents/init events) .h/index.‘
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`, or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I 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)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in 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) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180710
`
`

`

`Application/Control Number: 14/770,533
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`Page 2
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`Art Unit: 3744
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Information Disclosure Statement
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`2.
`
`The information disclosure statement (IDS) submitted on 04/10/2018 is in compliance
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`with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being
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`considered by the examiner.
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`Claim Rejections - 35 USC § 112
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`3.
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`The following is a quotation of 35 USC. 112(b):
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`(b) CONCLUSION.7The 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.
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`The following is a quotation of 35 USC. 112 (pre—AIA), second paragraph:
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`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.
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`4.
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`Claims 1—3, 5, and 7—10 are rejected under 35 USC. 112(b) or 35 USC. 112 (pre—AIA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly claim the
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`subject matter which the inventor or a joint inventor, or for pre—AIA the applicant regards as the
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`invention.
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`5.
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`Regarding claim 1, the limitation “a part cooler through which the coolant flows in a way
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`that allows the heat of the coolant to be exchanged with a heat—generating part of a vehicle”
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`renders the claim indefinite because it is unclear if the term “a vehicle” is referring to the same
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`vehicle as previous recitations of components which relate to a vehicle, i.e., “a vehicle interior”.
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`The claim should clarify that a single vehicle is being referred to.
`
`

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`Application/Control Number: 14/770,533
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`Page 3
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`Art Unit: 3744
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`6.
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`Regarding claim 1, various recitations of refrigerant in various states, i.e., “a high—
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`temperature and high—pressure” and “a low—temperature and low—pressure” refrigerant, occur.
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`However, the claim is not clear as to if these refrigerants are the same or not. The claim should
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`be clear that each of these recitations is merely a recitation of the current refrigerant state, but
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`that one refrigerant is being circulated. A similar approach needs be taken regarding the coolant
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`state.
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`7.
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`Regarding claims 2—3, 5, and 7—10 are indefinite by virtue of dependency on claim 1.
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`Claim Rejections - 35 USC § 103
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`8.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`9.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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.
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`10.
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`Claims is/are rejected under 35 U.S.C. 103 as being unpatentable over Meyer
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`(US20050039878) in View of Takamori (JPH075015B2), further in View of Ichishi
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`(W02013015079A1). For clarity, US20140144998A1, the US equivalent of the Ichishi
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`reference, will be used for citation purposes.
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`11.
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`Regarding claim 1, Meyer teaches a vehicle air conditioning apparatus comprising: a
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`heater core through which a high-ntemperature cohiant flaws and which gives heat to air
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`

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`Application/Control Number: 14/770,533
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`Page 4
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`Art Unit: 3744
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`that it; tn he sent intn a rehieie interinr (Figure 2, 44):, a first enniantmrefrigerant heat
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`exchanger that exchanges heat hetween the eaniant anti a highuteniheratnre anti high»
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`pressnre refrigerant in a heat pnnth t0 enntiense the refrigerant. {Figure ’2, 7G); a part center
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`threngh which the eeeient times in a way that. aiiews heat at the eeeiant tn he exehangett
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`with a heatugenerating hart nf a vehieie (Figure 1, engine 64 is cooled by the eooiant incoming
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`from <39); a seennti eeoiantmreirigerant heat exchanger that exchanges heat hetween the
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`eeeiant and a inwmtenrneratnre anti town-(measure refrigerant in the heat tannin tn ranerize
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`the refrigerant (Figure 2, 67:); a switcher tn switch an oneratinn at the. annaratns hetweeh in
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`a first state anti a seennd state (Figure 2, (iii, 94, and. 74 together constitute a “switcher”, ii’here
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`Figure 3 shnws the first state anti Figure ; shnws the seennti state); a finw rate adjusting
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`seetinn that atiqittsts a flow rate hi the. eeoiant that times thrnngh the first eneiantn
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`refrigerant heat exchanger anti the. heater eere (Figure 2 92, see paragraph {0034}, where 92
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`may be off in Figure 2, and see Figure 3 where 92 is running, thus it is a “flew rate adjusting
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`section”), the flew rate being adjustable between a first have rate aseti tinting standard
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`eneratien anti a seeenti fiew rate that is inner than the first time rate ( see Figure 3 far
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`standard operation and Figure 2 for the second flow rate. which is nii (because the pump is: nit}
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`anti is thus iewer than the first flow rate seen in Figure 3); and a enntrni seetien that nert‘nrnis
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`air eenditinning eontrei ( see at ieast the differences between Figures 2 and 3, where raising
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`and pump changes occur, thus a eentrei section exists t0 eontroi the air centiitiener), wherein:
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`the eeeiant eyeiieaiiy fine/s hetween the first eeeiahturei‘rigerant heat exchanger and the
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`heater retire in the first state (Figure 3, cooiant flows from 70 to 44 and back to 70), the eeniant
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`eyeiieaiiy fiews hetween the hart eneier anti the seeenti eneiant»ret‘rigerant heat exchanger
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`

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`Application/Control Number: 14/770,533
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`Page 5
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`Art Unit: 3744
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`in the first state (Figure 3, coolant flows from 64 to 67 to 64), the coolant cyclically flows
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`hetween the part eooler and the heater eore without flowing through the first eoolant»
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`refrigerant heat eaehanger in the seeonrl state (Figure 2, coolant is not rlowin g tluough 70,
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`see paragraph [0623343, hut coolant {lows front (34 to 44 to :64),
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`12.
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`Meyer does not teach when a temperature of the coolant at the first eoolant-refrigerant
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`heat exehanger is lower than a threshold temperature? the control seetion controls the flow rate
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`adjusting section to set the tlow rate of the coolant to the second flow rate, and the value of the
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`threshold temperature is Changed according to an outside temperature,
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`13.
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`'l‘alraniori teaehes that heater core eoolant should be heated to an appropriate threshold.
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`temperature before being utilized to heat an airstreain {Figure l, eooliug circuit B with heater
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`mire l4, see page 8, paragraph 2, lines twill.
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`14.
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`l39'ur'ther‘inere, lchishi teaehes hasing such a threshold temperature on the target air outlet
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`temperature (see Figure 8, Si 1, l l, where ft‘l‘AO) is the target coolant temperature, which varies
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`with TAG, also see paragraphs rarest—totem), where the threshold temperature is changed
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`aeom‘ding to an outside air temperature {see paragraphs [ill figlltll ltl], where TAG: is in based
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`on outdoor air temperature Tarn, thus it’ll/55,0) is changed with Tarn, because ”l‘arn changes TA 0),
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`where such a setting of the threshold temperature ensures that the coolant is heated enough to
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`exhibit the proper heating capaeity (see paragraphs {ores} and {@691},
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`15.
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`Tl'terel’ore, it would have heen ohvious to one of r.n"dinary skill in. the art before the
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`effective l’iliu g date of the claimed invention to modify the air conditioning control of h’ieyer to
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`shut off pump {92) in Figure 3 if the coolant in line (ii is helow a threshold temperature which
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`ensures the heating eapaeity ean he met in order to ensure that the system can exhibit the proper
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`

`

`Application/Control Number: 14/770,533
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`Page 6
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`Art Unit: 3744
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`heating capacity. Furthermore, it would have been obvious to one of ordinary skill in the art
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`before the. effective filing date or" the claimed invention to calculate the coolant threshold
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`temperature as taught by ichishi in order to further ensure that the system is able to meet the
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`required heating capacity lief-ore attempting to heat the passenger compartment,
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`16.
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`To clarify, Takamori teaches that heating via the heater core should be avoided until the
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`coolant reaches the proper temperature. The coolant in line 61 in Figure 3 of Meyer is coolant
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`which would be utilized in heater core 44, thus one of ordinary skill in the art would naturally
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`turn to the temperature of the coolant at this point to check if its temperature is appropriate for
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`the required heating capacity. Thus, the modifications above would result in “when a
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`temperature of the coolant at the first coolant—refrigerant heat exchanger is lower than a
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`tl'ireshold temperature, the control section controls the flow rate adjusting section to set the tlew
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`rate of the coolant to the second {low rate, and the value ot‘ the threshold temperature is changed
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`according to an outside temperature” because if the temperature of the coolant at the outlet of the
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`first coolant—refrigerant heat exchanger in Meyer, ie, in line 61, drops below a threshold, the
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`rrn'adit‘ication turns off the pump and the threshold is based, at least in part, on outside
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`temperature,
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`17.
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`Regarding claim 2-, Meyer as modified teaches all of the limitations of the vehicle air
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`conditioning apparatus according to claim l, wherein the flow rate adjusting section circulates
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`the coolant between the first coolanturei‘rigerant heat exchanger and the heater core {see
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`Figure 3, 92, circulates coolant between 70 and 44).
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`18.
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`Regarding claim 3,. Meyer as modified teaches all of the limitations of the vehicle air
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`conditioning apparatus according to claim 2, further comprising: a pump that circulates the
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`

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`Application/Control Number: 14/770,533
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`Page 7
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`Art Unit: 3744
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`enolant hetween the second enolanhretrigerant heat exchanger and the part~eonhng
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`paeaage, wherein the Second eortlantmret‘rigerant heat exchanger exchanges; heat between
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`the circulated content and a lee/«temperature and lee/«pressure refrigerant in the heat
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`pump to vaporize the refrigerant (Figure 3, coolant is pumped through Soup 62 which includes
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`6? and. 64, See paragraph {@026} Where pumping is performed Via a eanventional water pump,
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`furthermore, 67 is an evaporator, thus refrigerant is being vaporized).
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`19.
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`Regarding elahn 5, Meyer as h‘iotlifled teaches all of the limitationa of the vehicle air
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`conditioning apparatus aeeordiug to claim l, wherein when the temperature of the coolant at
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`the first coolanturefrigeraht heat exehanger is tower than the threshold temperature, the
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`control Section controls; the flow rate adjusting aection to Set the flow rate of the coolant to
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`the second flow rate for a time period in which the eoolant oi the first coolantmret‘rigerant
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`heat exchanger rises: up to the threshold temperature (see rejection or" claim 1 above, where
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`Meyer as modified ltlt'iiS off pump 92, in Figure 3 zjfthe temperature in region? Zine {if is beiow
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`the threshoid, thus would turn the pnntp on when the eoolant temperature is aho've the threahold,
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`thus it would he turned off, ie, at the second flow rate, for “a time period in wl'ileh the coolant
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`ol" the first eoolant-relrigerarrt heat exchanger rises up to the threshold temperature).
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`20.
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`To the. extent that Applieaht argues that Meyer as modified does not teaeh the
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`iintitatiens of chain: 5, Tahantori teaehes that heater core coolant should he heated to an
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`appropriate tl'ireshoid temperature before being utilized to heat an airstream ( Figure l, cooling
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`eircuit l; with heater core i4, see page 8, paragraph ‘2, lines l—4). Therefore, it would have heeh
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`obvious to one of ordinary skill in the art before the ef ‘eetlve filing date of the claimed invention
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`to modify Meyer as modified such that after turning pump '92 off when the coolant temperature
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`

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`Application/Control Number: 14/770,533
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`Page 8
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`Art Unit: 3744
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`in iine {ii is beicw the threshoid, the temperature is monitored. anti pump 9'2 is switched on once
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`the temperature is {there the thresheid temperature, in ertier to ensure that heating is net
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`mmrnenced umii the proper heating capacity can be exhibited.
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`21.
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`Regarding claim 7, Meyer as modified teaches all of the limitations of the vehicle air
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`conditioning apparatus according to claim 3, wherein the second flow rate is a fiew rate which is
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`snbstantiaiiy zere {see rejectien ef eiairn it where pump 92 is switched off, i,e.i the flow rate is
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`suhstautiaiiy zerei.
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`22.
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`Regarding claim 8, Meyer as modified teaches all of the limitations of the yehieie air
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`eenditiouing apparatus according to ciaiin 3, wherein the secenti eeeianturefrigerant heat
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`exchanger is cenneeted se as tn aiiew the ceeiant tn circulate between the secenti eeeiantu
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`refrigerant heat exchanger anti the partueeeiihg passage witheut passing thrnugh the
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`heater care (see Figure 3, cooiant cireuiates from (34 to 67 to 64 without passing tiiretigh 44:).
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`23.
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`Regarding claim 9, Meyer as modified teaches all of the limitations of the vehieie air
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`eentiitioning apparatus according tn eiairn 1, wherein the flew rate adjusting seetinn is a water
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`pump, anti the. first flew rate anti the seeenri flew rate are tie‘terniineti hy the. nurnher (if
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`reyeintiens ef the water pump (j Figures 2 and 3, where the second flow rate. Shawn in Figure ‘2,
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`is when the pump is off, i.e., zero revolutions and where Figure 3 shnws the pump on, ie, the
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`first flow rate, in a nen—zere reveiutien state}
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`24.
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`Regarding claim 10, Meyer as modified teaches all of the limitations of the vehicle air
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`eenditieiiiiig apparatus according te ciairn i. wherein in the second state, a fluid circuit is
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`prnvirieti in which eeniant can cyciieahy flew hetween the part center and the heater cure
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`

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`Application/Control Number: 14/770,533
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`Page 9
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`Art Unit: 3744
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`without flowing through the first coolant-:refrigerant heat exchanger ( see Figure 2 where
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`coolant flows from 64 to 44 to 64 without flowing through 70).
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`Response to Arguments
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`25.
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`Applicant’s remarks, filed 04/09/2018, have been fully considered but are moot in view
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`of the new grounds of rejection herein.
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`26.
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`Specifically, Applicant has argued, see page 7, last paragraph, that Kawase fails to
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`disclose any state in which coolant cyclically flows between the part cooling passage 14 and the
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`heater core 13 without flowing through the first coolant refrigerant heat exchanger 22. However,
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`Kawase is not relied upon herein to teach such features, thus the argument is moot.
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`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to SCHYLER S. SANKS whose telephone number is (571)272—
`
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`
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Frantz Jules can be reached on 571—272—6681. The fax phone number for the
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`organization where this application or proceeding is assigned is 571—273—8300.
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`

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`Application/Control Number: 14/770,533
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`Page 10
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`Art Unit: 3744
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`Information regarding the status of an application may be obtained from the Patent
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`/SCHYLER S SANKS/
`
`Examiner, Art Unit 3744
`
`/DAVID TEITELBAUM/
`
`Primary Examiner, Art Unit 3744
`
`