DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/28/2026 has been entered.
Response to Amendment
Regarding rejections of the claims under §103:
Claims 1-5, 13-17, and 21 were rejected as being obvious over McAndrew in view of Huang. Claims 6-7, 9-12, and 18-20 were rejected as being obvious over McAndrew in view of Huang and Shatek. Claim 8 was rejected as being obvious over McAndrew in view of Huang, Shatek, and More. The Applicant amended claims 1, 5, 7, 9-10, 14, and 17-20.
Response to Arguments
Applicant's arguments filed 5/28/2026 have been fully considered but they are not persuasive. The Applicant argued that it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the enclosure assembly of McAndrew with the configuration of Huang as there would be motivation to do so due to their different designs. The Applicant points to McAndrew having McAndrew relying on cooling compartments that would not work in concert with the sealed design of Huang. The Examiner respectfully disagrees. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, separating the intake and exhaust compartments according to Huang improves heat dissipation by increasing ventilation speed (Paragraph [0050]) as well as improving the sound dissipation of the engine (Paragraph [0049]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
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.
Claims 1-5, 13-17, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2016/0376976 to McAndrew et al. (hereinafter McAndrew) in view of Chinese Patent No. 110529240 to Huang et al. (hereinafter Huang).
Regarding claim 1, McAndrew teaches an enclosure assembly for a generator set system (FIG. 2, 10) having an engine (FIG. 2, 28), comprising:
an enclosure having a plurality of walls (FIG. 2, 28);
an interior space defined by the plurality of walls, the interior space configured to accommodate the engine (Paragraph [0057]); and
a chamber (FIG. 19, 116) disposed in the interior of the enclosure, the chamber having a vent port (FIG. 18, 98) in fluid communication with an exterior of the enclosure (Paragraph [0097]) and an intake port (FIG. 19, 118) for communication with an intake of the engine.
McAndrew does not teach the chamber being closed from fluid communication with the interior space of the enclosure, wherein at least one of the plurality of walls includes a first opening for fluid communication between the interior space and the exterior of the enclosure.
However, Huang teaches a genset enclosure with a chamber (FIG. 2, 7) having an intake port (FIG. 3, 7-2) for communication with an intake of an engine (FIG. 2, 5) being closed from fluid communication the interior space of the enclosure (Paragraph [0050]), wherein at least one of the plurality of walls includes a first opening (FIG. 2, 6-1) for fluid communication between the interior space and the exterior of the enclosure (Paragraph [0054]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the enclosure assembly of Huang with the sealed chamber of Huang as it increases the cooling efficiency of the generator (Paragraph [0050]) and lessens the noise level of the engine (Paragraph [0049]).
Regarding claim 2, McAndrew in view of Huang teaches the enclosure assembly of claim 1, wherein McAndrew further teaches an air filter (FIG. 19, 114) attached to the intake port.
Regarding claim 3, McAndrew in view of Huang teaches the enclosure assembly of claim 2, wherein McAndrew further teaches the air filter being disposed in the chamber (Paragraph [0097]).
Regarding claim 4, McAndrew in view of Huang teaches the enclosure assembly of claim 1, wherein McAndrew further teaches the intake port being formed in a wall of the chamber (Paragraph [0098]).
Regarding claim 5, McAndrew in view of Huang teaches the enclosure assembly of claim 1, wherein McAndrew further teaches the vent port fluidly communicating with the exterior (Paragraph [0097]) via a second opening (FIG. 17, 98) formed in one of the plurality of walls of the enclosure.
Regarding claim 13, McAndrew in view of Huang teaches the enclosure assembly of claim 1, wherein McAndrew further teaches the enclosure including: two sidewalls (FIG. 2, front and back sides of 28) connected to two end walls (FIG. 2, left and right sides of 28; and a roof (FIG. 2, top part of 28) connected to the two sidewalls and the two end walls.
Regarding claim 14, McAndrew teaches a generator set system (FIG. 2, 10), comprising:
an engine (FIG. 2, 12) having an intake (FIG. 19, 118);
a generator (FIG. 2, 14) operatively coupled to the engine (Paragraph [0057]);
an enclosure (FIG. 2, 28) having a plurality of walls;
an interior space defined by the plurality of walls, the interior space configured to accommodate the engine and the generator (Paragraph [0057]); and
a chamber (FIG. 19, 116) disposed in the interior space of the enclosure, the chamber having a vent port (FIG. 17, 98) in fluid communication with an exterior of the enclosure (Paragraph [0097]) and an intake port (FIG. 19, 118) for communication with the intake of the engine (Paragraph [0097]).
McAndrew does not teach the chamber being closed from fluid communication with the interior space of the enclosure, wherein at least one of the plurality of walls includes a first opening for fluid communication between the interior space and the exterior of the enclosure.
However, Huang teaches a genset enclosure with a chamber (FIG. 2, 7) having an intake port (FIG. 3, 7-2) for communication with an intake of an engine (FIG. 2, 5) being closed from fluid communication the interior space of the enclosure (Paragraph [0050]), wherein at least one of the plurality of walls includes a first opening (FIG. 2, 6-1) for fluid communication between the interior space and the exterior of the enclosure (Paragraph [0054]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the enclosure assembly of Huang with the sealed chamber of Huang as it increases the cooling efficiency of the generator (Paragraph [0050]).
Regarding claim 15, McAndrew in view of Huang teaches the generator set of claim 14, wherein McAndrew further teaches an air filter (FIG. 19, 114) attached to the intake port and disposed in the chamber (Paragraph [0097]).
Regarding claim 16, McAndrew in view of Huang teaches the generator set of claim 14, wherein McAndrew further teaches the intake port being formed in a wall of the chamber (Paragraph [0098]).
Regarding claim 17, McAndrew in view of Huang teaches the generator set of claim 14, wherein McAndrew further teaches the vent port fluidly communicating with the exterior of the enclosure (Paragraph [0097]) via a second opening (FIG. 17, 98) formed in one of the walls of the enclosure.
Regarding claim 21, McAndrew in view of Huang teaches the enclosure assembly of claim 4, wherein Huang further teaches the intake port sealingly connecting to the intake of the engine (Paragraph [0049]-[0050]).
Claims 6-7, 9-12, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over McAndrew in view of Huang and in further view of U.S. Patent Application Publication No. 2016/0230654 to Shatek et al. (hereinafter Shatek).
Regarding claim 6, McAndrew in view of Huang teaches the enclosure assembly of claim 5.
McAndrew in view of Huang does not teach the chamber including two vent ports.
However, Shatek teaches a genset enclosure having an inlet chamber (FIG. 8, 120) with two vent ports (FIG. 8, front and back of 120).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the enclosure assembly of McAndrew in view of Huang with the vent ports of Shatek to increase the air intake capacity of the genset of Shatek.
Regarding claim 7, McAndrew in view of Huang and Shatek teaches the enclosure assembly of claim 6, wherein Shatek further teaches each of the vent ports communicating with a respective second opening in the enclosure (Paragraph [0054]).
Regarding claim 9, McAndrew in view of Huang teaches the enclosure assembly of claim 5.
McAndrew in view of Huang does not teach a louver for controlling fluid communication through the second opening in the enclosure.
However, Shatek teaches a genset enclosure having an inlet chamber having an opening with a louver (FIG. 17, 720) controlling fluid communication (Paragraph [0070]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the enclosure assembly of McAndrew in view of Huang with the louver of Shatek to prevent further ingress of foreign debris into the interior of the enclosure (Paragraph [0070]).
Regarding claim 10, McAndrew in view of Huang and Shatek teaches the enclosure assembly of claim 9, wherein Shatek further teaches a secondary filter (FIG. 18, 765) for controlling fluid communication through the second opening in the enclosure (Paragraph [0070]).
Regarding claim 11, McAndrew in view of Huang and Shatek teaches the enclosure assembly of claim 10, wherein Shatek further teaches the secondary filter being attached to the louver and movable with the louver (Paragraph [0070]).
Regarding claim 12, McAndrew in view of Huang Shatek teaches the enclosure assembly of claim 11, wherein Shatek further teaches the secondary filter and the louver are configured to prevent foreign objects having different sizes from entering the chamber (Paragraph [0070]).
Regarding claim 18, McAndrew in view of Huang teaches the generator set of claim 17.
McAndrew in view of Huang does not teach the chamber including two vent ports, each of the vent ports communicating with a respective second opening in the enclosure.
However, Shatek teaches an inlet chamber (FIG. 8, 120) with two vent ports (FIG. 8, front and back of 120), each of the vent ports communicating with a respective second opening in the enclosure (Paragraph [0054]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the generator set of McAndrew in view of Huang with the vent ports of Shatek to increase the air intake capacity of the genset of Shatek.
Regarding claim 19, McAndrew in view of Huang and Shatek teaches the generator set of claim 18, wherein Shatek further teaches the second openings being located in different walls of the enclosure (FIG. 8, 120, front and back walls of 120).
Regarding claim 20, McAndrew in view of Huang teaches the generator set of claim 17.
McAndrew in view of Huang does not teach a louver for controlling fluid communication through the first opening and the second opening in the enclosure.
However, Shatek teaches a genset enclosure having an inlet chamber having an opening with a louver (FIG. 17, 720) controlling fluid communication (Paragraph [0070]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the generator set of McAndrew in view of Huang with the louver of Shatek to prevent further ingress of foreign debris into the interior of the enclosure (Paragraph [0070]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over McAndrew in view of Huang and Shatek and in further view of U.S. Patent Application Publication No. 2022/0098886 to More et al. (hereinafter More).
Regarding claim 8, McAndrew in view of Huang and Shatek teaches the enclosure assembly of claim 7.
McAndrew in view of Huang and Shatek does not teach the size of the two vent ports being different.
However, More teaches a genset enclosure having an air inlet (FIG. 1, 114) having two vent ports with different sizes (FIG. 1: the side port is two panels wide and the end port is three panels wide).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the enclosure assembly of McAndrew in view of Huang and Shatek with the vent ports of More to adapt to the design geometries of the enclosure and maximize air flow.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA KIEL MIGUEL RODRIGUEZ whose telephone number is (571)272-9881. The examiner can normally be reached Monday - Friday 9:30am - 7:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tulsidas Patel can be reached at (571) 272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA KIEL M RODRIGUEZ/Examiner, Art Unit 2834
/TULSIDAS C PATEL/Supervisory Patent Examiner, Art Unit 2834
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