Prosecution Insights
Last updated: April 19, 2026
Application No. 18/168,900

ENCLOSURE FOR A GENERATOR SET SYSTEM

Final Rejection §103
Filed
Feb 14, 2023
Examiner
RODRIGUEZ, JOSHUA KIEL MIGUEL
Art Unit
2834
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NexTier Completion Solutions Inc.
OA Round
3 (Final)
76%
Grant Probability
Favorable
4-5
OA Rounds
2y 10m
To Grant
89%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
105 granted / 138 resolved
+8.1% vs TC avg
Moderate +13% lift
Without
With
+12.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
47 currently pending
Career history
185
Total Applications
across all art units

Statute-Specific Performance

§103
59.5%
+19.5% vs TC avg
§102
25.2%
-14.8% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 138 resolved cases

Office Action

§103
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 . Response to Arguments Applicant's arguments filed 9/24/2025 have been fully considered but they are not persuasive. The Applicant argued that Huang does not teach the intake cabin chamber being closed from communication with the interior space of the enclosure, pointing toward the air from the intake cabin being supplied to the exhaust cabin. The Examiner respectfully disagrees. With respect to the claim limitation that the chamber is closed from fluid communication with the interior space of the enclosure, the chamber of Huang cannot fluidly communicate with its respective enclosure as there is no direct air flow from the enclosure to the chamber, as shown in FIG. 4, rather an intermediate in the form of the exhaust chamber. Therefore, claims 1 and 12 remain rejected over McAndrew in view of Huang and McAndrew in view of Huang and Shatek respectively. 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. 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]). 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 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 an 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. 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]). 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 an 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 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 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 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 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 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 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 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 THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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. 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. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSHUA KIEL M RODRIGUEZ/Examiner, Art Unit 2834 /TULSIDAS C PATEL/Supervisory Patent Examiner, Art Unit 2834
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Prosecution Timeline

Feb 14, 2023
Application Filed
Dec 04, 2024
Non-Final Rejection — §103
Mar 12, 2025
Response Filed
Jun 14, 2025
Non-Final Rejection — §103
Sep 24, 2025
Response Filed
Dec 23, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
76%
Grant Probability
89%
With Interview (+12.9%)
2y 10m
Median Time to Grant
High
PTA Risk
Based on 138 resolved cases by this examiner. Grant probability derived from career allow rate.

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