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 § 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.
1.Claims 1-4, and 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over JP2020159305 (hereinafter Marelli) in view of Case (US3429397).
With respect to claim 1 Marelli discloses a muffler, wherein the muffler is formed by an exhaust pipe (14 in figure 2) for discharging an exhaust gas,
The exhaust pipe having an extension direction and a radial direction, at least a partial region of an interior of the exhaust pipe being divided into a muffling chamber and an exhaust passage portion by a partition plate arranged along the extension direction (plate 15 in figure 3),
At a downstream end portion of the muffling chamber in a flow direction of the exhaust gas, a peripheral wall off the exhaust chamber side being deformed toward the partition plate to engage with the partition plate, thereby closing a downstream opening of the muffling chamber in the flow direction of the exhaust gas (see bends of member as shown in figures 2 and 3).
Marelli does not expressly disclose a crimped closure means which forms a protruding part.
Case discloses (33 in figure 4 and 23 in figure 2) a crimped closure of a muffling chamber which the crimped portion forms a protruding part.
It would have been an obvious matter to one of ordinary skill in the art before the time of the effective filing to use crimping as a means of closure as such ap recess is known and requires no additional materials.
With respect to claim 2 Marelli as modified further discloses (Marelli embodiment of figure 1) wherein the exhaust pipe is a straight pipe.
With respect to claim 3 Marelli as modified (embodiment of Marelli figures 6 and 9) further discloses wherein the exhaust pipe is a bent pipe with at least one bent portion.
With respect to claim 4 Marelli as modified (see embodiment of figure 9 of Marelli) further discloses wherein the muffling chamber is located at least at the bent portion.
With respect to claim 6 Marelli as modified discloses the use of welding (see Case which discloses spot welding) but does not expressly disclose an inert gas welding means. Such welding is well known in the art of automotive exhaust fabrication and would have been obvious to use in the manufacture of the muffler as claimed. Inert gas welding is known to allow full weld beads rather than just spot connections, these weld beads are both strong and sealing in nature as would be understood to be of benefit to a space that is intended to be sealed. This would constitute only the use of a known process in a known way.
With respect to claims 7 and 8 Marelli as modified discloses the structure as being crimped at the connection (see case figure 2 the crimp is directed toward a wall) the use of the crimp being known it would have been obvious to direct the crimp in any desirable direction as this would allow the taught structure to retain its function and allow for the best use of available space.
With respect to claim 9 Marelli as modified further discloses wherein a cover (15b in figure 3 of Marinelli) is provided at the downstream end portion of the muffling chamber to cover th3e downstream end portion.
With respect to claim 10 Marinelli as modified further discloses wherein the partition plate has bent portions at both end sides in a width direction perpendicular to the extension direction (see 15a), wherein the bent portions are welded (see again Case which discloses welding to attach with a muffler) to the exhaust pipe. While not expressly disclosing laser welding per se as laser welding is a another known form of welding the sue thereof would have been obvious as laser welding required no additional material and allows for a sealed connection.
With respect to claim 11 Marinelli as modified discloses a muffler wherein he muffler is formed by an exhaust pipe for discharging exhaust gas,
The exhaust pipe having an extension direction and a radial direction, at least a partial region of an interior of the exhaust pipe being divided into a muffling chamber and an exhaust passage portion by a partition plate arranged along the extension direction (plate 15 in figure 3),
A cross sectional area of the exhaust passage portion being larger than a cross sectional area of the muffling chamber (see again figures of Marelli), and
A cover (15b) being provided at a downstream end portion of the exhaust pipe in a flow direction of the exhaust gas to cover the downstream end potion and a part of the cover being in close contact with or engaged with the partition plate to close a downstream opening of the muffling chamber in the flow direction of the exhaust gas.
With respect to claim 12 Marelli further discloses wherein a cross sectional area of the exhaust passage portion is larger than a cross sectional area of the muffling chamber (see both figures of Case and Marelli).
2.Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over are rejected under 35 U.S.C. 103 as being unpatentable over JP2020159305 (hereinafter Marelli) in view of Case (US3429397) as applied to claim1 above, and further in view of Powers (US3402785).
With respect to claim 5 Marelli as modified by Case discloses the invention as claimed except expressly wherein the engagement portion is T-shaped.
Powers discloses (figure 3) wherein the engagement portion of the crimped portion is formed as a T-shape (which is to say that just as in the instant application there is a narrow leg which contacts while surrounded by flanged outward portion. Powers discloses 4 such structures, but the teachings of the metal being crimpled in a way to act as a spacer, a supporter and a diameter reducer is disclosed. The application to a single T shape rather than the 4 shown by Powers would have been an obvious matter to a person having ordinary skill in the art before the time of the effective filing as one could through routine testing arrive at the minimum number of such flange and leg structures, with one being an obvious number to try.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Willett (US3655011) discloses a sound attenuating chamber; Cassel (US3645357) discloses a quarter wave tuned silencer; Wilcox (US3396812) discloses a muffler chamber with cap structure; White (US3276108) discloses a method of making a muffler; Ludlow (USre25909) discloses a sound attenuating gas conduit; and Melchior (US2926743) discloses a muffler with spacers of crimped metal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FORREST M PHILLIPS whose telephone number is (571)272-9020. The examiner can normally be reached Monday-Friday from 9:00-5:00.
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/FORREST M PHILLIPS/Primary Examiner, Art Unit 2837