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 Objections
Claims 14-15 are objected to because of the following informalities:
Regarding Claim 14
Line 1 recites the language “The power of claim 8”. The claim language should be amended such that it reads –The transport power system of claim 8—
Regarding Claim 15
Lines 1-2 recite the language “the prime mover is configured to provide generate power” (emphasis added). The claim language should be amended such that it reads –the prime mover is configured to
Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. 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.
Claims 15-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 15
Line 1 recites the limitation "the prime mover". There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 16
Line 1 recites the limitation "the prime mover". There is insufficient antecedent basis for this limitation in the claim.
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, 5-6, 8, 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Wachter, US 2,887,032.
Regarding Claim 1
Wachter discloses an exhaust assembly for emitting an exhaust from a prime mover (10, tractor) while in transit (Wachter, Column 1, Lines 57-65, Figure 1), the exhaust assembly comprising:
a tail pipe (16) that includes a raiser portion (20), a soot portion (21), and an undercut outlet (22, opening) (Wachter, Column 1, Line 71 – Column 2, Line 7);
wherein the raiser portion (20) is inclined at a first angle relative to a vertical axis of the exhaust assembly (Wachter, Figures 1-2), the raiser portion (20) being configured to receive the exhaust,
wherein the soot portion (21) is connected to the raiser portion (20) and configured to receive the exhaust from the raiser portion (20), the soot portion (21) is inclined at a second angle relative to the vertical axis (Wachter, Figures 1-2), and
wherein the undercut outlet (22) is disposed at a tail end of the soot portion (21), the undercut outlet (22) having an upper lip (U, annotated Figure 4 of Wachter below) shielding fluid or debris from entering the exhaust assembly via the undercut outlet (22) (Wachter, Column 2, Lines 8-19).
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Figure 1: Annotated Figure 4 of Wachter
Regarding Claim 5
Wachter discloses the exhaust assembly of claim 1. Wachter further discloses that the tail pipe (16) includes a raiser portion elbow [bend between (20) and (21)] disposed between the raiser portion (20) and the soot portion (21), wherein the raiser portion elbow [bend between (20) and (21)] is curved to receive the exhaust travelling in an inclining direction of the raiser portion (20) and configured to direct the exhaust to exit the raiser portion elbow [bend between (20) and (21)] at an inclining direction of the soot portion (21) (Wachter, Figures 1-2).
Regarding Claim 6
Wachter discloses the exhaust assembly of claim 1. Wachter further discloses that the undercut outlet (22) further comprises a lower lip (L, annotated Figure 4 of Wachter above) disposed below the upper lip (U, annotated Figure 4 of Wachter above), the lower lip (L) recessing into the soot portion (21) such that the upper lip (U) shields the lower lip (L) from falling fluid or debris (Wachter, Figures 1-2 and annotated Figure 4 above).
Regarding Claim 8
Wachter discloses a transport power system for providing power while in transit (Wachter, Column 1, Lines 15-19, Figure 1), the transport power system comprising:
a diesel engine (tractor engine) [it is inherent to one of ordinary skill in the art that since Column 2, Lines 30-35 of Wachter recites that the cover is efficient for use with a diesel engine the tractor engine is a diesel engine] having an engine exhaust outlet (14, manifold) configured to release an exhaust (Wachter, Column 1, Lines 57-65 and Column 2, Lines 30-35); and
an exhaust assembly connected to the engine exhaust outlet (13, exhaust pipe), the exhaust assembly comprising a tail pipe (16) (Wachter, Column 1, Lines 57-65, Figures 1-2), the tail pipe (16) including:
a raiser portion (20) inclining at a first angle relative to a vertical axis of the exhaust assembly, the raiser portion (20) being configured to receive the exhaust (Wachter, );
a soot portion (21) connected to the raiser portion (20) and configured to receive the exhaust from the raiser portion (20), the soot portion (21) inclining at a second angle relative to the vertical axis (Wachter, Figures 1-2); and
an undercut outlet (22) disposed at a tail end of the soot portion (21), the undercut outlet (22) having an upper lip (U, annotated Figure 4 of Wachter above) shielding fluid or debris from entering the exhaust assembly via the undercut outlet (22) (Wachter, Figures 1-2 and annotated Figure 4 above).
Regarding Claim 12
Wachter discloses the transport power system of claim 8. Wachter further discloses that the tail pipe (16) includes a raiser portion elbow [bend between (20) and (21)] disposed between the raiser portion (20) and the soot portion (21), wherein the raiser portion elbow [bend between (20) and (21)] is curved to receive the exhaust travelling in an inclining direction of the raiser portion (20) and configured to direct the exhaust to exit the raiser portion elbow [bend between (20) and (21)] at an inclining direction of the soot portion (21) (Wachter, Figures 1-2).
Regarding Claim 13
Wachter discloses the transport power system of claim 8. Wachter further discloses that the undercut outlet (22) further comprises a lower lip (L, annotated Figure 4 of Wachter above) disposed below the upper lip (U, annotated Figure 4 of Wachter above), the lower lip (L) recessing into the soot portion (21) such that the upper lip (U) shields the lower lip (L) from falling fluid or debris (Wachter, Figures 1-2 and annotated Figure 4 above).
Claim(s) 1-3, 7-10, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Park, US 2014/0020638.
Regarding Claim 1
Park discloses an exhaust assembly for emitting an exhaust from a prime mover while in transit (Park, [0028], Figure 4), the exhaust assembly comprising:
a tail pipe (10) that includes a raiser portion (R, annotated Figure 4 of Park below), a soot portion (S, annotated Figure 4 of Park below), and an undercut outlet (O, annotated Figure 4 of Park below);
wherein the raiser portion (R) is inclined at a first angle relative to a vertical axis of the exhaust assembly, the raiser portion (R) being configured to receive the exhaust (Park, annotated Figure 4 below),
wherein the soot portion (S) is connected to the raiser portion (R) and configured to receive the exhaust from the raiser portion (R), the soot portion (S) is inclined at a second angle relative to the vertical axis (Park, annotated Figure 4 below), and
wherein the undercut outlet (O) is disposed at a tail end of the soot portion (S), the undercut outlet (O) having an upper lip shielding fluid or debris from entering the exhaust assembly via the undercut outlet (O) (Park, annotated Figure 4 below).
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Figure 2: Annotated Figure 4 of Park
Regarding Claim 2
Park discloses the exhaust assembly of claim 1. Park further discloses that the second angle (angle of soot portion (S), annotated Figure 4 of Park above) is greater than the first angle (angle of raiser portion (R), annotated Figure 4 of Park above).
Regarding Claim 3
Park discloses the exhaust assembly of claim 1. Park further discloses that an inclining direction of the soot portion (S) and an inclining direction of the raiser portion (R) are disposed along a same plane (Park, annotated Figure 4 above).
Regarding Claim 7
Park discloses the exhaust assembly of claim 1. Park further discloses that the tail pipe (10) does not include a fluid drain (Park, Figure 1 and annotated Figure 4 above).
Regarding Claim 8
Park discloses a transport power system for providing power while in transit (Park, [0001]), the transport power system comprising:
a diesel engine (5) having an engine exhaust outlet configured to release an exhaust (Park, [0001]); and
an exhaust assembly connected to the engine exhaust outlet, the exhaust assembly comprising a tail pipe (10) (Park, [0003]-[0004]), the tail pipe (10) including:
a raiser portion (R, annotated Figure 4 of Park above) inclining at a first angle relative to a vertical axis of the exhaust assembly, the raiser portion (R) being configured to receive the exhaust (Park, annotated Figure 4 above);
a soot portion (S, annotated Figure 4 of Park above) connected to the raiser portion (R) and configured to receive the exhaust from the raiser portion (R), the soot portion (S) inclining at a second angle relative to the vertical axis (Park, annotated Figure 4 above); and
an undercut outlet (O, annotated Figure 4 of Park above) disposed at a tail end of the soot portion (S), the undercut outlet (O) having an upper lip shielding fluid or debris from entering the exhaust assembly via the undercut outlet (O) (Park, annotated Figure 4 above).
Regarding Claim 9
Park discloses the transport power system of claim 8. Park further discloses that the second angle (angle of soot portion (S), annotated Figure 4 of Park above) is greater than the first angle (angle of raiser portion (R), annotated Figure 4 of Park above).
Regarding Claim 10
Park discloses the transport power system of claim 8. Park further discloses that an inclining direction of the soot portion (S) and an inclining direction of the raiser portion (R) are disposed along a same plane (Park, annotated Figure 4 above).
Regarding Claim 14
Park discloses the transport power system of claim 8. Park further discloses that the tail pipe (10) does not include a fluid drain (Park, Figure 1 and annotated Figure 4 above).
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(s) 4 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wachter, US 2,887,032, in view of Huo, CN 109973191 A.
Regarding Claim 4
Wachter discloses the exhaust assembly of claim 1. Wachter further discloses an elbow (E, annotated Figure 4 of Wachter below) that is configured to receive the exhaust in a direction of the vertical axis and direct the exhaust to exit the elbow (E) at an inclining direction of the raiser portion (20) (Wachter, annotated Figure 4 below). However, Wachter does not explicitly disclose that the elbow is a muffler outlet pipe elbow.
Huo teaches an exhaust tail pipe in which the tail pipe is connected to engine parts after the muffler or post-processing system (Huo, Page 1, Background).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the exhaust assembly of Wachter to include a muffler, wherein the tail pipe is in communication with the muffler as is taught by Huo as well known in the art to treat the exhaust gas prior to entry into the tail pipe. Therefore, the elbow is a muffler outlet pipe elbow.
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Figure 3: Annotated Figure 4 of Wachter
Regarding Claim 11
Wachter discloses the transport power system of claim 8. Wachter further discloses an elbow (E, annotated Figure 4 of Wachter above – Figure 3) receiving the exhaust in a direction of the vertical axis and curving the exhaust to exit the elbow (E) in an inclining direction of the raiser portion (20) (Wachter, annotated Figure 4 above – Figure 3). However, Wachter does not explicitly disclose that the elbow is a muffler outlet pipe elbow.
Huo teaches an exhaust tail pipe in which the tail pipe is connected to engine parts after the muffler or post-processing system (Huo, Page 1, Background).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the exhaust assembly of Wachter to include a muffler, wherein the tail pipe is in communication with the muffler as is taught by Huo as well known in the art to treat the exhaust gas prior to entry into the tail pipe. Therefore, the elbow is a muffler outlet pipe elbow.
Claim(s) 4 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park, US 2014/0020638, in view of Huo, CN 109973191 A.
Regarding Claim 4
Park discloses the exhaust assembly of claim 1. Park further discloses an elbow (E, annotated Figure 4 of Park below) that is configured to receive the exhaust in a direction of the vertical axis and direct the exhaust to exit the elbow (E) at an inclining direction of the raiser portion (R) (Park, annotated Figure 4 below). However, Park does not explicitly disclose that the elbow is a muffler outlet pipe elbow.
Huo teaches an exhaust tail pipe in which the tail pipe is connected to engine parts after the muffler or post-processing system (Huo, Page 1, Background).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the exhaust assembly of Park to include a muffler, wherein the tail pipe is in communication with the muffler as is taught by Huo as well known in the art to treat the exhaust gas prior to entry into the tail pipe. Therefore, the elbow is a muffler outlet pipe elbow.
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Figure 4: Annotated Figure 4 of Park
Regarding Claim 11
Park discloses the transport power system of claim 8. Park further discloses an elbow (E, annotated Figure 4 of Park above – Figure 4) receiving the exhaust in a direction of the vertical axis and curving the exhaust to exit the elbow (E) in an inclining direction of the raiser portion (R) (Park, annotated Figure 4 above – Figure 4). However, Park does not explicitly disclose that the elbow is a muffler outlet pipe elbow.
Huo teaches an exhaust tail pipe in which the tail pipe is connected to engine parts after the muffler or post-processing system (Huo, Page 1, Background).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the exhaust assembly of Park to include a muffler, wherein the tail pipe is in communication with the muffler as is taught by Huo as well known in the art to treat the exhaust gas prior to entry into the tail pipe. Therefore, the elbow is a muffler outlet pipe elbow.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wachter, US 2,887,032, in view of Srnec et al., US 2021/0339603.
Regarding Claim 15
Wachter discloses the transport power system of claim 8. However, Wachter does not explicitly disclose that the prime mover is configured to generate power for a transport climate control system.
Srnec teaches a system for operating transport climate control systems in which a prime mover (205, generator) is configured to generate power for the transport climate control system (145, 200) (Srnec, [0056] and [0036]-[0038], Figures 1C and 2).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the system of Wachter to include an additional prime mover to generate power for a transport climate control system as is taught by Srnec as well known in the art in order to provide climate control when the vehicle is not in transit (Srnec, [0003]).
Regarding Claim 16
Wachter discloses the transport power system of claim 8. However, Wachter does not explicitly disclose that the prime mover is configured to generate power for an auxiliary power unit.
Srnec teaches a system for operating transport climate control systems in which a prime mover is configured to generate power for an auxiliary power unit (187, APU) (Srnec, [0004]-[0005] and [0045]-[0046], Figure 1E).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the system of Wachter to include an additional prime mover to generate power for an auxiliary power unit as is taught by Srnec as well known in the art in order to act as a secondary power unit for the tractor of Park when the primary power source (diesel engine prime mover) is unavailable (Srnec, [0045]).
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park, US 2014/0020638, in view of Srnec et al., US 2021/0339603.
Regarding Claim 15
Park discloses the transport power system of claim 8. However, Park does not explicitly disclose that the prime mover is configured to generate power for a transport climate control system.
Srnec teaches a system for operating transport climate control systems in which a prime mover (205, generator) is configured to generate power for the transport climate control system (145, 200) (Srnec, [0056] and [0036]-[0038], Figures 1C and 2).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the system of Park to include an additional prime mover to generate power for a transport climate control system as is taught by Srnec as well known in the art in order to provide climate control when the vehicle is not in transit (Srnec, [0003]).
Regarding Claim 16
Park discloses the transport power system of claim 8. However, Park does not explicitly disclose that the prime mover is configured to generate power for an auxiliary power unit.
Srnec teaches a system for operating transport climate control systems in which a prime mover is configured to generate power for an auxiliary power unit (187, APU) (Srnec, [0004]-[0005] and [0045]-[0046], Figure 1E).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the system of Park to include an additional prime mover to generate power for an auxiliary power unit as is taught by Srnec as well known in the art in order to act as a secondary power unit for the tractor of Park when the primary power source (diesel engine prime mover) is unavailable (Srnec, [0045]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY L STANEK whose telephone number is (571)272-3565. The examiner can normally be reached Mon - Fri 8:30am-3:00pm.
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/K.L.S/Examiner, Art Unit 3741 /DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741
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