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 .
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 25 June 2026 is acknowledged. Claims 2, 4, 9, 12, and 17 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group I.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the radiation shield positioned in the air gap (claim 13, line 2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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.
Claims 1, 5-6, 16, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kicinski et. al. (US 4487289).
Regarding claim 1, Kicinski et. al. teaches: An exhaust assembly comprising: an exhaust tube defining a substantially central axis, wherein the exhaust tube is configured to direct an exhaust gas away from an engine to which the exhaust tube is fluidly connected (exhaust tube 33 configured to direct exhaust from an engine [Col. 3, lines 66-67 and Fig. 6]); an insulation structure positioned concentrically around the exhaust tube (insulation structure – encircled in image below of Fig. 6), the insulation structure including: a standoff coupled to the exhaust tube and providing an air gap between the exhaust tube and the insulation structure (standoff 3/41 and 2/40 creating air gap 39 between exhaust tube 33 and insulation structure [Col. 4, lines 15-19 and Fig. 6]); an inner shell coupled to the standoff and concentric about the exhaust tube (inner shell 21 concentric about exhaust tube 33 [Figs. 1 and 6]); an outer shell concentric about the inner shell (outer shell 18/38 concentric about inner shell [Fig. 6]); and an insulation layer disposed between the inner shell and the outer shell (insulation layer 20 between inner shell 21 and outer shell 18/38 [Figs. 1 and 6]); and a forced air system that drives air through the air gap along a length of the exhaust tube (system forces air through air gap 24/39 along the length of exhaust tube 1/33 via convection [Col. 3, lines 28-34 and Fig. 1] and/or aspirating action of a venturi [Col. 4, lines 47-53 and Fig. 6]).
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Regarding claims 6 and 19, Kicinski et. al. teaches: The exhaust assembly, wherein the exhaust gas travels along the exhaust tube in a first direction and the forced air system drives the air in a second direction parallel to the first direction (exhaust gas travels in direction represented by arrows in tube 4/33 and forced air system drives air in a second direction parallel to first as depicted by arrows in the air gap 24/39 [Figs. 1 and 6]).
Regarding claim 16, Kicinski et. al. teaches: A system comprising: an internal combustion engine; and an exhaust assembly fluidly connected with the internal combustion engine (system comprises an engine which has an exhaust assembly fluidly connected to the engine [Col. 3, lines 61-68]), wherein the exhaust assembly comprises: an exhaust tube oriented about an axis (exhaust tube 1/33 orientated about an axis [Figs. 1 and 6]), wherein an exhaust gas is configured to flow through the exhaust tube away from the internal combustion engine (exhaust gas configured to flow through tube away from engine [Col. 3, line 66 – Col. 4, line 1]); an insulation structure positioned concentrically around the exhaust tube (insulation structure – encircled in image above of Fig. 6), the insulation structure including: a standoff coupled to the exhaust tube and providing an air gap between the exhaust tube and the insulation structure (standoff 3/41 and 2/40 creating air gap 39 between exhaust tube 33 and insulation structure [Col. 4, lines 15-19 and Fig. 6]); an inner shell coupled to the standoff and concentric about the exhaust tube (inner shell 21 concentric about exhaust tube 33 [Figs. 1 and 6]); an outer shell concentric about the inner shell (outer shell 18/38 concentric about inner shell [Fig. 6]); and an insulation layer disposed between the inner shell and the outer shell (insulation layer 20 between inner shell 21 and outer shell 18/38 [Figs. 1 and 6]); and a forced air system that drives air through the air gap along a length of the exhaust tube (system forces air through air gap 24/39 along the length of exhaust tube 1/33 via convection [Col. 3, lines 28-34 and Fig. 1] and/or aspirating action of a venturi [Col. 4, lines 47-53 and Fig. 6]).
Allowable Subject Matter
Claim 8, 10, 11, and 13-15 allowed.
Claims 3, , and 20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The prior art of record does not disclose or reasonably suggest the exhaust insulation system having the combination of features set forth in independent claim 8, and dependent claims 3, 7, and 18.
US 4487289 to Kicinski et. al. may be seen as close prior art in certain aspects but fails to expressly teach the fan configured to drive air through the air gap as described in independent claim 8 and dependent claim 7. Furthermore, the prior art does not account for the standoff comprising a porous metal mesh disposed in the air gap as claimed by the applicant in dependent claims 3 and 18 and the air flow from forced air system being carried in an opposite direction to the exhaust flow direction as claimed in dependent claims 5 and 20.
Kicinski et. al. discloses an exhaust insulation assembly comprising outer shell, inner shell, insulation layer, air gap, standoff and forced air system (see rejection above).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kimball et. al. (US 20180245493) teaches: liquid cooled exhaust manifolds for marine engine applications (Abstract and Fig. 6).
Kroll et. al. (US 20120096842) teaches: an exhaust manifold for an internal combustion engine comprising an air gap and insulating material joined to an outer jacket (Abstract and the Figure)
Hinder et. al. (US 20030033801) teaches: an exhaust system for an internal combustion engine having a triple pipe configuration for conveying exhaust and coolant in parallel and opposing directions (Abstract and Figs. 1 and 2)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DENNIS LEARY whose telephone number is (571)272-1685. The examiner can normally be reached Monday-Friday 8:30am - 5:00pm.
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/JOSHUA D LEARY/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
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