`
`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`is/are withdrawn from consideration.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
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application is being examined underthe pre-AlA first to invent
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`provisions.
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`This action is in response to applicant's amendment, filed 8/11/2016.
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`Claim Rejections - 35 USC § 103
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`2.
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
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`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.
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`3.
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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
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`2005/0230096), lritani et al. (US 6,430,951), and Bruss (US 6,584,795).
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`Regarding claim 1, Fukami discloses a vehicle air conditioning apparatus
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`comprising:
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`An outside air 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(Annotatedfigure 3),
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`A heat exchanger (8) that exchanges heat between inside air introduced through
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`the inside air inlet and outside air introduced through the outside air inlet (Figure 3),
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`
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`Application/Control Number: 14/005,869
`Art Unit: 3744
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`Page 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] blower fan
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`(e.g. 5b) (Figure 3), Fukami is silent with respect to a blowerfan that blowsoutside 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).
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`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
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`10: Via opening 102), and an evaporator (105) cools inside air blown by the blowerfan
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`(Figure 10: air from “119a” drawnby the fan), where the blower fan is arranged such
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`that there is a blowing of outside air in the order of a blower fan (101) to an evaporator
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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 indoorair in the orderof an insideair 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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`Theinside 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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`
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`Application/Control Number: 14/005,869
`Art Unit: 3744
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`Page 4
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`Further, while Fukami discloses a door (21) that is provided atthe inside inlet
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`(Figure 3) that is associated with an aperture (i.e. through which air is enabled to pass),
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`where outside air which has been subjected to heat exchange by the heat exchanger
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`(Figure 3: Via the heat exchanger 3), or whereinside air is introduced through the inside
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`air inlet (Figure 3), Fukami is silent with respect to the door as a mixing door (i.e. the
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`dooris either open to outside air OR to insideair).
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`lritani teaches a vehicle air conditioning apparatus comprising: a mix door (131)
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`that is provided to adjust a degree of mixture between outside air and inside air (Figure
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`1 and Col. 42, line 64 to col. 43, line 5: The dooris arranged at an intermediate position
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`in 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 as a mixing door as taughtbyIritani to
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`improve vehicle occupant comfort by enabling an air conditioning apparatus to undergo
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`a dehumidifying operation (lritani: Col. 42, line 64 to col. 48, line 5).
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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 heater core 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 heated outside air toward an inside of a passenger
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`
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`Application/Control Number: 14/005,869
`Art Unit: 3744
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`Page 5
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`compartment(Figure 1), and where the heater core is defined by a condenser(Figure 1
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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 a result it would have been obvious to one having ordinary skill in the art at the
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`time the invention was madeto 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).
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`Fukami further disclosesa first flow passage is 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 passage is formed which is separated from the first flow passage,
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`and through whichinside air flows in the orderof the inside air inlet, the heat exchanger,
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`and the outside of the passenger compartment (Annotatedfigure 3), and
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`The heat exchanger exchanges heat between outside air introduced through the
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`outside air inlet (Figure 3) and inside air introduced into the second passageafter [the
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`inside air] passes through the first passage and theinside of the passenger
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`compartment (Figure 3), and where the heat exchangerdischarges inside 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 does notdisclose 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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`
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`Application/Control Number: 14/005,869
`Art Unit: 3744
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`Page 6
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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 process of 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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`reduce incidenceof drain hose clogging and system damage by configuring 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 andIritani 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
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`Page 7
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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
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`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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`4.
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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 furtherin 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
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`Page 8
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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 Leeetal. 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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`Response to Arguments
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`Applicant’s arguments with respect to claims 1-3 have been considered but are
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`mootin view of new grounds ofrejection as necessitated by applicant’s amendment.
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`Conclusion
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`5.
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`Applicant's amendment necessitated the new ground(s) of rejection presentedin
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`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).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
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`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
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`shortenedstatutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuantto 37 CFR 1.136(a) will be calculated from the mailing date of
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`
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`Application/Control Number: 14/005,869
`Art Unit: 3744
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`Page 9
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`the advisory action.
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`In no event, however,will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Anyinquiry concerning this communication or earlier communications from the
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`examiner should be directed to JASON THOMPSON whosetelephone numberis
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`(571)270-1852. The examiner can normally be reached on Monday-Thursday.
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`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 wherethis application or proceeding is assigned is 571-273-8300.
`
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`
`/JASON THOMPSON/
`Examiner, Art Unit 3744
`/J. J. Swann/
`Supervisory Patent Examiner, Art Unit 3744
`
`