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 .
This is a response to applicant’s amendment filed on January 20, 2026. No claims have been amended, added or cancelled. Claims 21-40 are pending in the application.
Response to Amendment
Rejections under 35 USC § 103 of Claims 21-23, 26-28, 33, 36 and 38 over Ijima et al. (US Pat. Pub. No. 2013/0164182) have been withdrawn in view of applicant’s remarks. However, upon further search and consideration, new grounds of rejection have been made.
Rejections under 35 USC § 103 of Claims 21-26, 28-31 and 39-40 over Cvelbar in view of Ijima et al. (US Pat. Pub. No. 2013/0164182) have been withdrawn in view of applicant’s remarks. However, upon further search and consideration, new grounds of rejection have been made.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 21-31 and 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over Cvelbar, R. (WO2018/075061, hereinafter Cvelbar) and in the alternative, further in view of Kimura, H. (US Pat. Pub. No. 2015/0020484, hereinafter Kimura).
In regards to Claim 21, Cvelbar discloses an exhaust system comprising:
a first outer housing (#902) centered on a first axis (see figures 1, 4 and 9 and paragraphs [0027] and [0048])
a second outer housing (#904) centered on a second axis (see figures 1, 4 and 9 and paragraphs [0027] and [0048]);
a mixer (#16) comprising:
a first portion (#32) at an inlet end of the mixer (#16), the inlet end configured to receive exhaust from the first outer housing (#902) (see figures 1, 4 and 9 and paragraphs [0028]-[0029], the first portion comprising:
a first mixer housing (#30) defining a first internal cavity (#19), the first mixer housing (#30) comprising a doser opening (#31) (see figures 1, 4 and 9 and paragraphs [0028]-[0029], and
a swirl component (#52, #63) comprising an inlet reactor (#28), the inlet reactor (#28) comprising:
a doser mount (#24) extending through the doser opening (#31) (see figures 1-10 and paragraphs [0034]-[0035]), and
a swirl chamber (#27) enclosed within the first internal cavity (#19) by the first mixer housing (#30) (see figures 1-10 and paragraphs [0028]-[0029] and [0036]),
a second portion (#34) at an outlet end of the mixer (#16) (see figures 1, 4 and 9 and paragraphs [0029] and [0032]), and
a connection interface (#36) connecting the first portion (#32) to the second portion (#34) (see figures 1-10 and paragraph [0029]); and
a doser (#20) coupled to the doser mount (#24) (see figures 1-10 and paragraph [0034]).
Cvelbar fails to disclose wherein the second outer housing is centered on a second axis different from the first axis and the doser mount opening is centered on a third axis transverse to the first axis and the second axis.
However, changing the orientation of the first and second outer housings to have different axes and having the doser mount opening on a third axis transverse to the first and second axis, as claimed by the applicant, is well known in the art and it is a mere engineering design choice in order to accommodate the exhaust system in compact spaces within an vehicle. See MPEP 2144.04.
In the alternative, Kimura teaches an exhaust gas purification device that purifies an exhaust gas flowing through an exhaust passage of an engine. The exhaust gas purification device comprises a first outer housing (#2) centered on a first axis, a second outer housing (#4) centered on a second axis different from the first axis, a mixer comprising a mixer housing (#3) defining a first internal cavity, the mixer housing (#3) comprising a doser opening (opening at inlet end of mixer housing #3 where doser #13 is accommodated) and a doser mount (opening where doser is introduced into the doser opening of the mixer housing #3) centered on a third axis transverse to the first axis and the second axis, and a doser (#13) coupled to the doser mount (see figures 1-3 and paragraph [0020]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the exhaust system as disclosed by Cvelbar by changing the configuration of the exhaust system to having the first outer housing centered on a first axis, a second outer housing centered on a second axis different from the first axis and a mixer comprising a doser mount having a doser mount opening centered on a third axis transverse to the first and second axis, as claimed by the applicant, with a reasonable expectation of success, as Kimura teaches an exhaust gas purification device that purifies an exhaust gas flowing through an exhaust passage of an engine, wherein the exhaust gas purification device comprises a first outer housing centered on a first axis, a second outer housing centered on a second axis different from the first axis, a mixer comprising a mixer housing defining a first internal cavity, the mixer housing comprising a doser opening (opening at inlet end of mixer housing #3 where doser #13 is accommodated) and a doser mount (opening where doser is introduced into the doser opening of the mixer housing) centered on a third axis transverse to the first axis and the second axis, and a doser coupled to the doser mount, thereby obtaining an exhaust gas purification system having a compact design suitable for vehicles having limited space (see figures 1-3 and paragraph [0020]).
In regards to Claim 22, Cvelbar discloses wherein the doser mount (#24) comprises:
a mount portion (#55) extending through the doser opening (#31) (see figures 6-7); and
a curved body (#40) comprising a body portion that is in confronting relation with a housing portion of the first mixer housing (#30) around the doser opening (#31) (see figures 6-7 and paragraph [0035]).
In regards to Claim 23, Cvelbar discloses wherein the curved body (#40) further comprises a center boss (#38), the center boss (#38) extending through the doser opening (#31) and coupled to the doser (#50) (see figures 6-7 and paragraph [0035]).
Although Cvelbar does not explicitly disclose wherein the center boss extends through the doser opening, changing the location of the curved body such that the center boss extends through the doser opening is a mere engineering design choice in order to obtain a desired end result, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
In regards to Claim 24, Cvelbar discloses wherein the swirl component (#52, #63) comprises:
an upstream end coupled to the doser mount (#24), the upstream end defined by a first outer dimension (see figure 6 below); and
a downstream end that is open to the first internal cavity, the downstream end defined by a second outer dimension, the second outer dimension greater than the first outer dimension (see figure 6 below and paragraph [0039]).
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In regards to Claim 25, Cvelbar discloses wherein the swirl chamber (#27) is tapered with a constantly increasing outer dimension toward the downstream end (see figure 7).
In regards to Claim 26, Cvelbar discloses wherein the second portion (#34) comprises:
a second mixer housing defining a second internal cavity (see figure 4 and paragraph [0032]; Cvelbar discloses downstream baffle #34 including a rim #80 and a panel #82, forming a second internal cavity which includes openings to discharge exhaust stream #14 from internal space #19 of mixing can #18); and
a second component (#82) enclosed within the second internal cavity by the second mixer housing (see figure 4; Cvelbar discloses downstream baffle #34 including a rim #80 and a panel #82, forming a second internal cavity which includes openings to discharge exhaust stream #14 from internal space #19 of mixing can #18).
In regards to Claim 27, Cvelbar discloses further comprising:
a diesel oxidation catalyst member (#900) having an outlet (outlet of DOC #900 coupled with inlet portion #32 via exhaust stream passage #14) coupled to the first portion (#32) (see figures 1 and 9 and paragraphs [0029] and [0048]); and
a selective catalytic reduction catalyst member (#904) having an inlet coupled to the second portion (#34) (see figures 1-10 and paragraphs [0048]-[0049]).
In regards to Claim 28, Cvelbar discloses further comprising:
a diesel particulate filter (#902) having an outlet (outlet of DPF #902 coupled with inlet portion #32 via exhaust stream passage #14) coupled to the first portion (#32) (see figures 1 and 9 and paragraphs [0029] and [0048]); and
a selective catalytic reduction catalyst member (#904) having an inlet coupled to the second portion (#34) (see figures 1-10 and paragraphs [0048]-[0049]).
In regards to Claims 29-31, Cvelbar, in view of Kimura, discloses the exhaust system as recited in claim 21. Kimura further teaches wherein the swirl chamber (swirl chamber formed inside mixer #3) comprises a plurality of flow elements (#16a, 16b, #16c) that are arranged and coupled together to form an internal mixing cavity (see figures 2a and 2b and paragraphs [0030]-[0033]; Kimura teaches guide members #16a-#16c consist of plate-shaped members. Guide member #16a, i.e. first flow element, is used to cover the upstream side of the reduction agent injection area A to guide the exhaust gas to the through-hole #15a from the tangential direction of the pipe #3 so as to generate a swirl flow inside the pipe #3. Guide member #16b, i.e. second flow element, guides the exhaust gas flowing along the right side of the guide member #16a toward the inner peripheral surface of the guide member #16a, the exhaust gas is guided from the tangential direction of the pipe #3 to the through-hole #15a so as to generate the swirl flow inside the pipe #3. The guide member #16c, i.e. third flow element, is used to guide the exhaust gas from the tangential direction of the pipe #3 to the through-hole #15b so as to generate a swirl flow inside the pipe #3. This is considered equivalent to wherein the swirl chamber comprises a plurality of flow elements that are arranged and coupled together to form an internal mixing cavity, wherein the flow elements comprise a first flow element, a second flow element, and a third flow element, the first flow element and the second flow element define a first flow passage; and the second flow element and the third flow element define a second flow passage, the first flow element comprises a first curved portion; the second flow element comprises a second curved portion; the third flow element comprises a third curved portion; the first flow passage is defined between the first curved portion and the second curved portion; and the second flow passage is defined between the second curved portion and the third curved portion, as claimed by the applicant.).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the exhaust system as disclosed by Cvelbar by further having wherein the swirl chamber to comprise a plurality of flow elements that are arranged and coupled together to form an internal mixing cavity, as claimed by the applicant, with a reasonable expectation of success, as Kimura further teaches guide members #16a-#16c consisting of plate-shaped members, which aid in generating a swirl flow inside the pipe mixer and together form an internal mixing chamber to further improve the mixing of exhaust gas with reducing agent (see figures 2a-2b and paragraphs [0030]-[0033]).
In regards to Claim 39, Cvelbar discloses wherein the mixer (#16) further comprises a baffle plate (#82) enclosed within the second portion (#34), the baffle plate (#82) comprising a flat plate body with a plurality of openings (#87) (see figure 4 and paragraph [0032]).
In regards to Claim 40, Cvelbar discloses wherein:
the flat plate body comprises a first half and a second half (see figure 4 below);
the openings (#87) comprise a first set of openings and a second set of openings, each of the first set of openings is disposed on the first half and has a first diameter (see figure 4 below); and
Each of the second set of openings is disposed on the second half and has a second diameter (see figure 4 below).
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Claims 32-37 are rejected under 35 U.S.C. 103 as being unpatentable over Cvelbar, further in view of Kimura, and further in view of Tyni et al. (US Pat. Pub. No. 2018/0178171, hereinafter Tyni).
In regards to Claim 32, Cvelbar, in view of Kimura, discloses the exhaust system as disclosed in claim 21. Cvelbar discloses wherein the second portion (#34) comprises a second mixer housing defining a second internal cavity (see figure 4 and paragraph [0032]; Cvelbar discloses downstream baffle #34 including a rim #80 and a panel #82, forming a second internal cavity which includes openings to discharge exhaust stream #14 from internal space #19 of mixing can #18). Cvelbar in view of Kimura, fails to disclose wherein the mixer further comprises a perforated pipe that is enclosed within the second mixer housing, the perforated pipe comprising: a first end that is open to the first portion, and a second end that is closed by a solid surface.
However, Tyni teaches an exhaust gas aftertreatment apparatus. The exhaust gas aftertreatment apparatus (#120) comprises an exhaust inlet (#220), i.e. first outer housing centered on a first axis, a mixer unit (#250 with housing #210 and #260 mixing device), i.e. mixer having a first portion at an inlet end of the mixer and configured to receive exhaust from the first outer housing and second portion at an outlet end of the mixer and configured to provide the exhaust to the second outer housing, and an exhaust outlet (#240), i.e. second outer housing centered on a second axis different from the first axis (see figures 1-2 and 12b and paragraphs [0066]-[0072]). The mixing device (#260), i.e. second portion, comprises a second mixer housing defining a second internal cavity (#261 toroidal cylinder having a cylinder inner cavity). The mixer (#250, #260) further comprises a perforated pipe (#1220 perforated tubular flow guide) that is enclosed within the second mixer housing (#261), and the perforated pipe (#1220) comprises a first end that is open to the first portion (see figure 12b below), and a second end that is closed by a solid surface (see figure 12b below and paragraphs [0156]-[0157]).
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It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the exhaust system as disclosed by Cvelbar, in view of Kimura, by further having the second end closed by a solid surface, as claimed by the applicant, with a reasonable expectation of success, as Tyni teaches an exhaust gas aftertreatment apparatus comprising an exhaust inlet, i.e. first outer housing centered on a first axis, a mixer unit, i.e. mixer having a first portion at an inlet end of the mixer and configured to receive exhaust from the first outer housing and second portion at an outlet end of the mixer and configured to provide the exhaust to the second outer housing, and an exhaust outlet, i.e. second outer housing centered on a second axis different from the first axis, wherein the mixing device, i.e. second portion, comprises a second mixer housing defining a second internal cavity, the mixer further comprising a perforated pipe that is enclosed within the second mixer housing, and the perforated pipe comprises a first end that is open to the first portion, and a second end that is closed by a solid surface, thereby improving/enhancing the mixing between the reactant and exhaust gas and hence improve purification of exhaust gases (see figures 1-2 and 12b and paragraphs [0156]-[0157]).
In regards to Claim 33, Cvelbar, in view of Kimura, discloses the exhaust system as recited in claim 21. Cvelbar discloses wherein the second portion (#34) comprises a second mixer housing defining a second internal cavity (see figure 4 and paragraph [0032]; Cvelbar discloses downstream baffle #34 including a rim #80 and a panel #82, forming a second internal cavity which includes openings to discharge exhaust stream #14 from internal space #19 of mixing can #18). Cvelbar in view of Kimura, fails to disclose wherein the mixer further comprises a perforated pipe that is enclosed within the second mixer housing, the perforated pipe comprising: a first end that is open to the first portion, and a second end that is open to the second portion.
However, Tyni teaches an exhaust gas aftertreatment apparatus. The exhaust gas aftertreatment apparatus (#120) comprises an exhaust inlet (#220), i.e. first outer housing centered on a first axis, a mixer unit (#250 with housing #210 and #260 mixing device), i.e. mixer having a first portion at an inlet end of the mixer and configured to receive exhaust from the first outer housing and second portion at an outlet end of the mixer and configured to provide the exhaust to the second outer housing, and an exhaust outlet (#240), i.e. second outer housing centered on a second axis different from the first axis (see figures 1-2 and 12b and paragraphs [0066]-[0072]). The mixing device (#260), i.e. second portion, comprises a second mixer housing defining a second internal cavity (#261 toroidal cylinder having a cylinder inner cavity). The mixer (#250, #260) further comprises a perforated pipe (#1220 perforated tubular flow guide) that is enclosed within the second mixer housing (#261), and the perforated pipe (#1220) comprises a first end that is open to the first portion (see figure 12b). After exiting the flow guide (#1210), the exhaust gas flow may swirl inside the toroidal cylinder (#261) before exiting from the mixing device (#260), i.e. second portion, via an exhaust outlet (#240) arranged to a side of the toroidal cylinder (#261), i.e. second end that is open to the second portion (see figure 12b and paragraphs [0156]-[0157]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the exhaust system as disclosed by Cvelbar, in view of Kimura, by further having the second end closed by a solid surface, as claimed by the applicant, with a reasonable expectation of success, as Tyni teaches an exhaust gas aftertreatment apparatus comprising an exhaust inlet, i.e. first outer housing centered on a first axis, a mixer unit, i.e. mixer having a first portion at an inlet end of the mixer and configured to receive exhaust from the first outer housing and second portion at an outlet end of the mixer and configured to provide the exhaust to the second outer housing, and an exhaust outlet, i.e. second outer housing centered on a second axis different from the first axis, wherein the mixing device, i.e. second portion, comprises a second mixer housing defining a second internal cavity, the mixer further comprising a perforated pipe that is enclosed within the second mixer housing, and the perforated pipe comprises a first end that is open to the first portion, and a second end that is open to the second portion, thereby improving/enhancing the mixing between the reactant and exhaust gas and hence improve purification of exhaust gases (see figures 1-2 and 12b and paragraphs [0156]-[0157]).
In regards to Claim 34, Cvelbar, in view of Kimura and Tyni, discloses the exhaust system as recited in claim 33. Tyni further teaches wherein the perforated trumpet pipe comprises a plurality of perforates extending circumferentially around the perforated trumpet pipe along a length of the perforated trumpet pipe (see figure 12b and paragraph [0157]; Tyni teaches the mixer (#250, #260) further comprises a perforated pipe (#1220 perforated tubular flow guide) that is enclosed within the second mixer housing (#261), and the perforated trumpet pipe comprises a plurality of perforates extending circumferentially around the perforated trumpet pipe along a length of the perforated trumpet pipe.).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the exhaust system as disclosed by Cvelbar, in view of Kimura, by further having the perforated trumpet pipe to comprise a plurality of perforates extending circumferentially around the perforated trumpet pipe along a length of the perforated trumpet pipe, as claimed by the applicant, with a reasonable expectation of success, as Tyni teaches an exhaust gas aftertreatment apparatus comprising an exhaust inlet, i.e. first outer housing centered on a first axis, a mixer unit, i.e. mixer having a first portion at an inlet end of the mixer and configured to receive exhaust from the first outer housing and second portion at an outlet end of the mixer and configured to provide the exhaust to the second outer housing, and an exhaust outlet, i.e. second outer housing centered on a second axis different from the first axis, wherein the mixing device, i.e. second portion, comprises a second mixer housing defining a second internal cavity, the mixer further comprising a perforated pipe that is enclosed within the second mixer housing, and the perforated pipe comprises a plurality of perforates extending circumferentially around the perforated trumpet pipe along a length of the perforated trumpet pipe, thereby improving/enhancing the mixing between the reactant and exhaust gas and hence improve purification of exhaust gases (see figures 1-2 and 12b and paragraph [0157]).
In regards to Claim 35, Cvelbar, in view of Kimura and Tyni, discloses the exhaust system as recited in claim 34. Tyni teaches further comprising a bowl-shaped component (#261) comprising:
a closed wall coupled to the second end (#260) (see figure 12b below), and
a closed end contiguous with the closed wall and separated from the perforated trumpet pipe by the closed wall, the closed end being concave when viewed from the perforated trumpet pipe (see figure 12b below).
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It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the exhaust system as disclosed by Cvelbar, in view of Kimura, by further having a bowl-shaped component comprising a closed wall coupled to the second end and a closed end contiguous with the closed wall and separated from the perforated trumpet pipe by the closed wall, the closed end being concave when viewed from the perforated trumpet pipe, as claimed by the applicant, with a reasonable expectation of success, as Tyni teaches an exhaust gas aftertreatment apparatus comprising an exhaust inlet, i.e. first outer housing centered on a first axis, a mixer unit, i.e. mixer having a first portion at an inlet end of the mixer and configured to receive exhaust from the first outer housing and second portion at an outlet end of the mixer and configured to provide the exhaust to the second outer housing, and an exhaust outlet, i.e. second outer housing centered on a second axis different from the first axis, wherein the mixing device, i.e. second portion, comprises a second mixer housing defining a second internal cavity, the mixer further comprising a perforated pipe that is enclosed within the second mixer housing, wherein the perforated pipe comprises a plurality of perforates extending circumferentially around the perforated trumpet pipe along a length of the perforated trumpet pipe, and bowl-shaped component comprising a closed wall coupled to the second end and a closed end contiguous with the closed wall and separated from the perforated trumpet pipe by the closed wall, the closed end being concave when viewed from the perforated trumpet pipe, thereby improving/enhancing the mixing between the reactant and exhaust gas and hence improve purification of exhaust gases (see figures 1-2 and 12b and paragraph [0157]).
In regards to Claims 36-37, Cvelbar, in view of Kimura, discloses the exhaust system as disclosed in claim 21. Cvelbar discloses wherein the second portion (#34) comprises a second mixer housing defining a second internal cavity (see figure 4 and paragraph [0032]; Cvelbar discloses downstream baffle #34 including a rim #80 and a panel #82, forming a second internal cavity which includes openings to discharge exhaust stream #14 from internal space #19 of mixing can #18). Cvelbar in view of Kimura, fails to disclose wherein the mixer further comprises a non-perforated pipe that is enclosed within the second mixer housing, the non-perforated pipe comprising: a first end that is open to the first portion, and a second end that is open to the second portion, and further comprising a bowl-shaped component comprising: a wall defining a plurality of bowl openings, the wall coupled to the second end, a closed end contiguous with the wall and separated from the non-perforated trumpet pipe by the wall, the closed end being concave when viewed from the non-perforated trumpet pipe.
However, Tyni teaches an exhaust gas aftertreatment apparatus. The exhaust gas aftertreatment apparatus (#120) comprises an exhaust inlet (#220), i.e. first outer housing centered on a first axis, a mixer unit (#250 with housing #210 and #260 mixing device), i.e. mixer having a first portion at an inlet end of the mixer and configured to receive exhaust from the first outer housing and second portion at an outlet end of the mixer and configured to provide the exhaust to the second outer housing, and an exhaust outlet (#240), i.e. second outer housing centered on a second axis different from the first axis (see figures 1-2 and 12b and paragraphs [0066]-[0072]). The mixing device (#260), i.e. second portion, comprises a second mixer housing defining a second internal cavity (#261 toroidal cylinder having a cylinder inner cavity). The mixer (#250, #260) further comprises a non-perforated pipe (#1210) that is enclosed within the second mixer housing (#261) having a first end open to the first portion and a second end open to the second portion (see figure 12a below and paragraph [0156]).
Tyni further teaches the second outer housing (#261) further comprises a bowl-shaped component comprising a wall defining a plurality of bowl openings, the wall coupled to the second end, and a closed end contiguous with the wall and separated from the non-perforated trumpet pipe by the wall, the closed end being concave when viewed from the non-perforated trumpet pipe, thereby extending the flow path of the exhaust gas, such that it swirls inside the bowl-shaped component until it exits the bowl-shaped component, and hence, improving the mixing of exhaust gas and reactant and purification of exhaust gases (see figure 12a below and paragraph [0156]).
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It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the exhaust system as disclosed by Cvelbar, in view of Kimura, by further having the mixer to further comprise a non-perforated pipe that is enclosed within the second mixer housing, the non-perforated pipe comprising: a first end that is open to the first portion, and a second end that is open to the second portion, and further comprising a bowl-shaped component comprising: a wall defining a plurality of bowl openings, the wall coupled to the second end, a closed end contiguous with the wall and separated from the non-perforated trumpet pipe by the wall, the closed end being concave when viewed from the non-perforated trumpet pipe, as claimed by the applicant, with a reasonable expectation of success, as Tyni teaches an exhaust gas aftertreatment apparatus comprising an exhaust inlet, i.e. first outer housing centered on a first axis, a mixer unit, i.e. mixer having a first portion at an inlet end of the mixer and configured to receive exhaust from the first outer housing and second portion at an outlet end of the mixer and configured to provide the exhaust to the second outer housing, and an exhaust outlet, i.e. second outer housing centered on a second axis different from the first axis, wherein the mixing device, i.e. second portion, comprises a second mixer housing defining a second internal cavity, the mixer further comprises a non-perforated pipe that is enclosed within the second mixer housing having a first end open to the first portion and a second end open to the second portion, and the second outer housing further comprises a bowl-shaped component comprising a wall defining a plurality of bowl openings, the wall coupled to the second end, and a closed end contiguous with the wall and separated from the non-perforated trumpet pipe by the wall, the closed end being concave when viewed from the non-perforated trumpet pipe, thereby extending the flow path of the exhaust gas, such that it swirls inside the bowl-shaped component until it exits the bowl-shaped component, and hence, improving the mixing of exhaust gas and reactant and purification of exhaust gases (see figure 12a below and paragraph [0156]).
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Cvelbar, in view of Kimura, and further in view of Freeman et al. (US Pat. Pub. No. 2016/0069239, hereinafter Freeman).
In regards to Claim 38, Cvelbar, in view of Kimura, discloses the exhaust system as recited in claim 21, but fails to disclose wherein the second portion comprises a second mixer housing; and the connection interface comprises:
A first elbow coupled to the first mixer housing;
A second elbow coupled to the second mixer housing; and
A straight or flexible pipe coupled to the first elbow and the second elbow.
However, Freeman teaches an emissions cleaning module comprising a first outer housing (#2) centered on a first axis, a second outer housing (#4) centered on a second axis, a mixer (#3) comprising a first portion (#33) at an inlet end (#35) of the mixer (#3) configured to receive exhaust from the first outer housing (#2), a first mixer housing (#313) defining a first internal cavity and comprising a doser opening (#304), a second portion (#101) at an outlet end of the mixer (#3), a connection interface connecting the first portion (#33) to the second portion (#101), wherein the second portion (#101) comprises a second mixer housing (#13), and the connection interface comprises a first elbow (#5 flowhood) coupled to the first mixer housing (#313), a second elbow (#10 flow connector) coupled to the second mixer housing (#13) and a straight or flexible pipe (#31) coupled to the first elbow (#5) and the second elbow (#10) (see figures 1, 10 and 13 and paragraphs [0053], [0065] and [0071]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the exhaust system as disclosed by Cvelbar, in view of Kimura, by having the second portion to comprise a second mixer housing, and the connection interface to comprise a first elbow coupled to the first mixer housing, a second elbow coupled to the second mixer housing, and a straight or flexible pipe coupled to the first elbow and the second elbow, as claimed by the applicant, with a reasonable expectation of success, as Freeman teaches an emissions cleaning module comprising a first outer housing centered on a first axis, a second outer housing centered on a second axis, a mixer comprising a first portion at an inlet end of the mixer configured to receive exhaust from the first outer housing, a first mixer housing defining a first internal cavity and comprising a doser opening, a second portion at an outlet end of the mixer, a connection interface connecting the first portion to the second portion, wherein the second portion comprises a second mixer housing, and the connection interface comprises a first elbow (flowhood) coupled to the first mixer housing, a second elbow (flow connector) coupled to the second mixer housing, and a straight or flexible pipe coupled to the first elbow and the second elbow, for providing a pipe portion that improves the mixing of reductant and exhaust gas within the system (see figures 1, 10 and 13 and paragraphs [0053], [0065] and [0071]).
Response to Arguments
Applicant’s arguments with respect to the rejection of claim 1 with Ijima and Cvelbar in view of Ijima have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection have been made.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JELITZA M PEREZ/Primary Examiner, Art Unit 1774
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