`“x
`‘\\f
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`15/226, 805
`
`08/02/2016
`
`YU NAKASHIMA
`
`PIPMB—56623
`
`7211
`
`04’05’2018 —PEARNE&GORDON LLP m
`7590
`52054
`1801 EAST 9TH STREET
`MILLER, SAMANTHA A
`SUITE 1200
`CLEVELAND, OH 441 14-3 108
`
`PAPER NUMBER
`
`ART UNIT
`3749
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/05/2018
`
`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.
` 15/226,805 NAKASHIMA ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`SAMANTHA MILLER $2215 3749
`-- 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 CFR1. 136( a).
`after SIX () 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)IZI Responsive to communication(s) filed on 8/2/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l 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)|:| 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 149 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_1-9is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* 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
`hit
`:/'I’vaIW.usnI‘.0. ovI’ atentS/init events/
`
`
`
`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l 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)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI 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 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 (PTO-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
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180108
`
`

`

`Application/Control Number: 15/226,805
`
`Page 2
`
`Art Unit: 3749
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`Claim Rejections - 35 USC § 1 12
`
`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-AIA), 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.
`
`Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 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-AIA the applicant regards
`
`as the invention. Applicant claims “a sensible heat exchanger” it is unclear what
`
`sensible is defined as since it is suggestable.
`
`Claim Rejections - 35 USC § 102
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`KAWAI (US 6,138,749).
`
`KAWAI teaches:
`
`1. An air-conditioning device for a vehicle (vehicle of abstract) to be mounted on
`
`a vehicle (vehicle of abstract) having a vehicle interior (Fig.5), an engine (from 7), and
`
`

`

`Application/Control Number: 15/226,805
`
`Page 3
`
`Art Unit: 3749
`
`an intake duct (7) that is provided outside the vehicle interior and that has an opening
`
`(opening in 7), the device comprising: a heat exchanger (21) disposed in an inside
`
`space of the intake duct, the heat exchanger including a first heat-exchange flow path
`
`(from 7 to 21) and a second heat- exchange flow path (from 8 to 21 ), and being
`
`configured to exchange heat between air flowing in the first heat-exchange flow path
`
`and air flowing in the second heat- exchange flow path; a first air flow path through
`
`which air heated by heat generated in the engine (in 7) is introduced into the first heat-
`
`exchange flow path through the opening of the intake duct (discharged at 8) and is
`
`discharged to outside of the vehicle from the first heat-exchange flow path; and a
`
`second air flow path through which outside air introduced into the second heat-
`
`exchange flow path is introduced into the vehicle interior through an outside air inlet of
`
`the intake duct (introduced at 8).
`
`2. A radiation heat recovering portion (coolant water of engine to 21) that is
`
`provided at an introducing port of the first air flow path and recovers radiation heat from
`
`the engine (col.4 ll.49—56).
`
`3. The radiation heat recovering portion includes an air introducing plate having
`
`an opening in a direction toward the engine and having a box shape (Fig.2) in which an
`
`opening width in a longitudinal direction of the vehicle is increased toward the engine
`
`from the introducing port of the first air flow path (col.4 ll.49—56).
`
`4. A first blower fan (11) that is provided between the introducing port of the first
`
`air flow path and the first heat-exchange flow path, and sends air inside an engine room
`
`housing the engine to the first heat-exchange flow path (col.4 ll.49—56).
`
`

`

`Application/Control Number: 15/226,805
`
`Page 4
`
`Art Unit: 3749
`
`5. The heat exchanger (21) is installed such that a side opposite to the outside
`
`air inlet in the heat exchanger is separated from the intake duct.
`
`6. A discharge port of the first air flow path is located at a back side of a fender of
`
`the vehicle (6, Fig.3).
`
`7. A second blower fan (12) provided inside the vehicle interior, wherein the
`
`discharge port of the second air flow path is connected to the second blower fan.
`
`8. The opening of the intake duct (7) is provided at a position where a plane
`
`defined by a first line and a second line becomes rectangular, the first line being
`
`obtained by projecting an exhaust pipe, which is a passage for air burned at the engine,
`
`rearward along a vehicle axis from front of the vehicle, and the second line passing the
`
`opening formed at the intake duct and being parallel to the first line (Fig.3).
`
`9. The heat exchanger is a sensible heat exchanger (21 is efficient).
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to SAMANTHA MILLER whose telephone number is
`
`(571 )272-9967. The examiner can normally be reached on Monday - Thursday 9:00 -
`
`7:00.
`
`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.
`
`

`

`Application/Control Number: 15/226,805
`
`Page 5
`
`Art Unit: 3749
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Steve McAllister can be reached on 571-272—6785. The fax phone number
`
`for the organization where this 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 access to 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 automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/SAMANTHA MILLER/
`
`Examiner, Art Unit 3749
`1/8/2018
`
`/STEVEN B. MCALLISTER/
`
`Supervisory Patent Examiner, Art Unit 3749
`
`