DETAILED ACTION
1. This action is in response to applicant's amendment received on 8/22/2025. Amended claims 1, 3-6, 12-14, and 17-20 are acknowledged and the following new grounds of rejection below are formulated.
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 .
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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) 1-8, 10, and 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dahl et al. (U.S. Publication 2023/0250768), hereinafter “Dahl”.
Regarding claim 1, Dahl discloses an apparatus for providing pressurized air from a vehicle, the apparatus comprising: an engine block (block for engine 10) including a plurality of cylinders including a first cylinder (a cylinder 14 in bank 1) and a second cylinder (a cylinder 14 in bank 2); a fuel and air mixture intake line (146) in communication with the first cylinder and/or the second cylinder of the plurality of cylinders (fuel enters from injector 66 and air from line 146 together into cylinder); an air intake line (146) in communication with the first cylinder and/or the second cylinder (shown in figure 1); an exhaust line (148) in communication with the first cylinder and/or the second cylinder (shown in figure 2); a switch (10, 2, and 3) that controls a fuel and air mixture configuration and an air-only configuration in the plurality of cylinders (paragraph 42 mentions that the air-only mode can be actuated through a vehicle dashboard), the fuel and air mixture configuration providing a fuel and air mixture to the first cylinder (cylinder in first bank) via the fuel and air mixture intake line to enable a combustion and the air-only configuration providing only air to the second cylinder (cylinder in the second bank) via the air intake line to generate the pressurized air within the second cylinder while the fuel and air mixture is provided to the first cylinder (figure 4 shows that the request for compressed air is provided and one of the banks shut off to provide compressed air, paragraph 42 also mentions this configuration), the pressurized air to be provided via the exhaust line (shown in figure 2 that exhaust of compressed air leads to 231, paragraph 35); and a switch controller (12) connected to the switch and configured to cause the switch to control the fuel and air mixture configuration and the air-only configuration based on a user input (paragraph 42). Examiner notes that Dahl teaches a V-type engine that has 2 banks and one bank shuts off when compressed air is requested by the operator as shown in the graphs of figure 4. Claim 1 only mentions a first cylinder and a second cylinder and examiner chooses the first cylinder from the first bank and second cylinder from the second bank so that one bank shuts off, the other cylinder in the second bank still runs under normal engine operation of fuel/air.
Regarding claim 2, Dahl discloses the apparatus of claim 1, wherein the switch controller (12) is connected to a user interface (interface within dashboard, paragraph 42) configured to receive the user input (paragraph 42).
Regarding claim 3, Dahl discloses the apparatus of claim 1, wherein: the switch (from operator in the dashboard) is connected to and configured to control one or more valves (fuel injector valve 66) configured to open or close at least one of the fuel and air mixture intake line or the air intake line (shown in figure 1, paragraph 35); the fuel and air mixture configuration of the switch corresponds to a first valve position (fuel injector open) of at least one valve (66) of the one or more valves that allows the fuel and air mixture to be provided to the first cylinder (cylinder for manifold 148 in figure 2) to enable the combustion; and the air-only configuration of the switch corresponds to a second valve position (fuel injector 66 closed) of the at least one valve that allows only the air to be provided to the second cylinder (cylinder of bank for manifold 274) to provide the pressurized air from the second cylinder via the exhaust line (paragraph 35). Examiner notes that the fuel injector can acts as this valve when the bank is shutoff due to the request of compressed air from the operator.
Regarding claim 4, Dahl discloses the apparatus of claim 1, further comprising: an intake valve (150) disposed at an intake connection between (i) the fuel and air mixture intake line and the air intake line and (ii) the first cylinder and/or the second cylinder, the intake valve configured to open or close a first opening at the intake connection (150); and an exhaust valve (156) disposed at an exhaust connection between the exhaust line and the first cylinder and/or the second cylinder, the exhaust valve configured to open or close a second opening at the exhaust connection (shown in figure 1).
Regarding claim 5, Dahl discloses the apparatus of claim 1, further comprising: a crankshaft (140) rotatably mounted on the engine block, wherein the crankshaft is connected to a starter motor configured to: cause an initial rotation of the crankshaft; and cause a continued turning of the crankshaft without any combustion causing the continued turning of the crankshaft. Examiner notes that it is inherent for the engine to have starter motor that turns the crankshaft/flywheel over without combustion initially.
Regarding claim 6, Dahl discloses the apparatus of claim 1, further comprising an additional exhaust line (243) in communication with the second cylinder (cylinder leading to 274).
Regarding claim 7, Dahl discloses the apparatus of claim 6, wherein the additional exhaust line is connected to a pressurized air reservoir (246) configured to receive and store the pressurized air for a future use (paragraph 38).
Regarding claim 8, Dahl discloses the apparatus of claim 7, wherein the pressurized air reservoir is an air tank (242) integrated within the vehicle (shown in figure 2).
Regarding claim 10, Dahl discloses the apparatus of claim 6, wherein the additional exhaust line is connected to a pneumatically powered vehicle component (compressor, 242) for powering or actuating the pneumatically powered vehicle component (paragraph 37).
Regarding claim 13, Dahl discloses the apparatus of claim 1, further comprising: a controller (12) configured to control a stroke of the piston disposed within the second cylinder; and an electronic control unit (ECU) on or within the vehicle connected to the controller and configured to: receive data indicative of an instruction to achieve a requested rate or amount of the pressurized air to be delivered from the second cylinder; and cause the controller to control the stroke of the piston disposed within the second cylinder to achieve the requested rate or amount of the pressurized air to be delivered from the second cylinder (paragraphs 29 and 42).
Regarding claim 14, Dahl discloses the system for generating pressurized air from a vehicle, the system comprising: an engine including: an engine block having a plurality of cylinders including a first cylinder and a second cylinder; a fuel and air mixture intake line in communication with the first cylinder and/or the second cylinder of the plurality of cylinders, an air intake line in communication with the first cylinder and/or the second cylinder, and an exhaust line in communication the first cylinder and/or the second cylinder; a switch that controls a fuel and air mixture configuration and an air-only configuration in the plurality of cylinders, the fuel and air mixture configuration providing a fuel and air mixture to be provided to the at least one cylinder via the fuel and air mixture intake line to enable a combustion and the air-only configuration providing only air to the second cylinder via the air intake line to generate the pressurized air within the second cylinder while the fuel and air mixture is provided to the first cylinder, the pressurized air to be provided via the exhaust line; and an electronic control unit (ECU) on or within the vehicle connected to the engine and the switch and configured to cause the switch to control the fuel and air mixture configuration and the air-only configuration based on a user input. Refer to the rejection of claim 1 for further details since the limitations are similar.
Regarding claim 15, Dahl discloses the system of claim 14, further comprising a user interface connected to the ECU and configured to receive the user input. Refer to the rejection of claim 2 for further details since the limitations are similar.
Regarding claim 16, Dahl discloses the system of claim 14, wherein the user input includes data corresponding to a requested amount of at least one of a fuel or the pressurized air to be, respectively, conserved or generated (during bank shutoff, paragraph 42), wherein the ECU is further configured to cause the switch to stay in the air-only configuration such that the requested amount of the at least one of the fuel or the pressurized air is, respectively, conserved or generated.
Regarding claim 17, Dahl discloses the system of claim 14, wherein the ECU is further configured to adjust a rate of revolutions per minute (RPM) of a crankshaft rotatably mounted on the engine block to adjust an amount or a rate of the pressurized air generated (inherently during braking the RPM is adjusted to be lower).
Regarding claim 18, Dahl discloses a method for generating pressurized air from a vehicle, the method comprising: receiving, by a user interface, a user input indicative of a user instruction to control a switch to control a fuel and air mixture configuration and an air-only configuration in a plurality of cylinders including a first cylinder and second cylinder of a plurality of cylinders in an engine block of the vehicle, the switch connected to a fuel and air mixture intake line and an air intake line each in communication with the first cylinder and/or the second cylinder; actuating, by a controller in response to receiving the user input, the switch to: control the fuel and air mixture configuration to provide the fuel and air mixture to the first cylinder via the fuel and air mixture intake line to enable combustion; and control the air-only configuration to provide only air to the second cylinder via the air intake line to generate the pressurized air within the second cylinder while the fuel and air mixture is provided to the first cylinder such that the pressurized air from the second cylinder is provided via the exhaust line; and releasing the pressurized air from the second cylinder via the exhaust line. Refer to the rejection of claim 1 for further details since the limitations are similar.
Regarding claim 19, Dahl discloses the method of claim 18, wherein actuating the switch to control the fuel and air mixture configuration and the air-only configuration includes stopping providing the fuel and air mixture to the first cylinder for a predetermined duration of time to conserve a predetermined amount of fuel (when bank fuel shutoff happens).
Regarding claim 20, Dahl discloses the method of claim 18, wherein actuating the switch to switch from the first switch configuration to the second switch configuration includes causing the switch to stay in the second switch configuration for a predetermined duration of time to generate a predetermined amount of the pressurized air (during bank shut off pressurized air is lead to compressor 242).
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.
Claim(s) 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahl.
Regarding claim 9, Dahl discloses the claimed invention except for air tank being removable. It would have been obvious to one having ordinary skill in the art before the effective filing date of when the invention was made to have the air tank be removable, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlicnrnan, 168 USPQ 177, 179.
Regarding claim 12, Dahl the same invention substantially as claimed except for a waste gate that releases pressurized air. However, the examiner takes Official Notice that it is well known in the art to provide a waste gate and a turbocharger for the purpose of providing boost pressure for more power and better gas mileage and the waste gate controls boost pressure and prevents engine damage. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of when the invention was made to modify Dahl by incorporating a wastegate and turbocharger for the purpose of providing boost pressure for more power and better gas mileage and the waste gate controls boost pressure and prevents engine damage. Examiner notes that it is known in the art to provide a turbocharged engine with a wastegate for the exhaust.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahl in view of Kraft et al. (Patent 5,451,188), hereinafter “Kraft”.
Regarding claim 11, Dahl discloses the same invention substantially as claimed except for pressurized air being for a differential lock. However, Kraft teaches the use of a differential lock (11) that is pneumatically operated for the purpose of providing increased traction on poor road conditions (column 3, lines 50-62). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Dahl by incorporating a pneumatically operated differential lock for the purpose of providing increased traction on poor road conditions. Examiner notes that Dahl gives the flexibility of providing pressurized air to pneumatically operated engine devices (column 3, lines 48-52) and providing a differential lock would not teach away.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 14, and 18 have been considered but are moot because the new ground of rejection relies on the new Dahl reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892.
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.
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/SYED O HASAN/Primary Examiner, Art Unit 3747 2/11/2026