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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claim 8, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations modified by the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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 1-7 and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karube et al US 2010/0175946.
Regarding claims 1, 9, and 12, Karube et al discloses a motor vehicle comprising: an internal combustion engine E comprising a crankcase 31 and a plurality of cylinders within the crankcase; an intake assembly 55 comprising an intake manifold communicating with the cylinders and at least one intake line 56 configured to convey air to the intake manifold; wherein the intake line comprises a compression assembly 45 configured to increase the pressure of the air conveyed to the intake manifold and at least one intercooler 50 downstream of the compression assembly; wherein the compression assembly is arranged behind the internal combustion engine according to a roll axis Fr of the motor vehicle; and wherein the intercooler is of the air/liquid type (see paragraph [0055]) and is arranged side by side with the compression assembly. See FIG. 3 and 4 and paragraphs [0050]-[0070].
Regarding claim 2, Karube et al discloses wherein the compression assembly is aligned with the internal combustion engine along a direction parallel to the roll axis. See FIG. 3.
Regarding claim 3, Karube et al discloses further comprising an additional air/liquid type intercooler, wherein the compression assembly is arranged between the intercoolers along a pitch axis of the motor vehicle. See FIG. 3.
Regarding claims 4, 11, and 14, Karube et al discloses a plurality of wheels and a transmission apparatus T configured to connect the internal combustion engine to the wheels, the transmission apparatus comprising a gearbox aligned with the internal combustion engine according to the roll axis and arranged behind the internal combustion engine, wherein the intercooler is arranged side by side with the gearbox. See FIG. 1 and 5 and paragraph [0041].
Regarding claim 5, Karube et al discloses wherein at least a portion of the intercooler is arranged above the gearbox. See FIG. 5.
Regarding claim 6, Karube et al fails to explicitly disclose wherein the compression assembly has at least one portion arranged immediately above the gearbox. See FIG. 5
Regarding claims 7, 10, and 13, Karube et al discloses wherein the compression assembly is connected to the internal combustion engine, such that the internal combustion engine drives, in use, the compression assembly. See FIG. 6 and paragraphs [0055]-[0066].
Claim Rejections - 35 USC § 103
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Karube et al, as applied above, in view of Dalmas, II et al US 2018/0283265.
Regarding claim 8, Karube et al fails to explicitly disclose, but Dalmas, II et al discloses wherein the internal combustion engine comprises a cylinder head coupled to the crankcase and arranged below the crankcase, in particular so as to close the cylinders from below. See FIG. 10A and paragraph [0104].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to include the cylinder head orientation as disclosed by Dalma, II et al in the system of Karube et al increase and/or improve intake air pressure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J DALLO whose telephone number is (313)446-4844. The examiner can normally be reached 7am-7pm ET M-Th.
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, Logan Kraft can be reached at 571-270-5065. 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.
/JOSEPH J DALLO/Primary Examiner, Art Unit 3747