DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 16, 2026 has been entered.
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) 1-6, 9, 10, 22, 23, 35, and 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20210047957 A1 to Norris et al. (Norris).
In reference to independent claim 1, Norris discloses:
A turbine (116) for a turbocharger (108), comprising:
a turbine inlet passage (117) configured to receive exhaust gas from an internal combustion engine (104), the exhaust gas received by the turbine inlet passage defining a turbine bulk flow;
a turbine wheel chamber (116) configured to receive the turbine bulk flow from the turbine inlet passage (117), the turbine wheel chamber configured to contain a turbine wheel (not shown; see [0029]) supported for rotation about a turbine axis;
a turbine outlet passage (126) configured to receive the turbine bulk flow from the turbine wheel chamber;
a dosing module (128) configured to deliver a spray of aftertreatment fluid into a spray region of the turbine outlet passage through which the turbine bulk flow passes (see [0037] and Fig. 1); and
an auxiliary passage (118, 120, 122) configured to receive a portion of the turbine bulk flow, the portion of the turbine bulk flow received by the auxiliary passage defining an auxiliary flow (see [0030] and Fig. 1);
wherein the auxiliary passage (118, 120, 122) is configured to direct the auxiliary flow into the spray region of the turbine outlet passage (see Figs. 1 and 2), and further wherein the dosing module comprises a nozzle (injector 136) configured to generate the spray of aftertreatment fluid (see [0037]), wherein the nozzle (136) is aligned with (see Figs. 1-9) or radially outwards of a side wall (128) of the turbine outlet passage.
In reference to dependent claim 2, Norris further discloses: the dosing module (128) comprises a nozzle (136) configured to generate the spray of aftertreatment fluid (reductant) (see [0037]), and wherein the nozzle is substantially aligned with or radially outwards of a side wall of the turbine outlet passage (126) (see Fig. 1).
In reference to dependent claim 3, Norris further discloses: the dosing module (128) is configured to deliver the aftertreatment fluid (the reductant) in a spray direction (along 204), and the auxiliary passage (122) is configured to direct the auxiliary flow into the spray region in an auxiliary flow direction generally normal to the spray direction (204) (see Fig. 3).
In reference to dependent claim 4, Norris further discloses: the auxiliary flow direction (202) is angularly inclined relative to a normal (200) of the spray direction (204) by an angle (b, e.g. 25o) of up to 30o (see [0069] and Fig. 10).
In reference to dependent claim 5, Norris further discloses: the dosing module (128) comprises a nozzle (136), and the auxiliary passage (122) is configured to direct the auxiliary flow over the nozzle (136) in a direction generally normal to the spray direction (204) (see Fig. 3).
In reference to dependent claim 6, Norris further discloses: the dosing module (128) is configured to deliver the aftertreatment fluid in a spray direction (204), and the auxiliary passage (122) is configured to direct the auxiliary flow into the spray region (204) in an auxiliary flow direction opposing the spray direction (see Fig. 2).
In reference to dependent claim 9, Norris further discloses: the auxiliary passage (118, 120, 122) comprises an auxiliary passage outlet (122) configured to deliver the auxiliary flow to the turbine outlet passage (126), and wherein the turbine (116) further comprises a barrier member (154) configured to substantially cover the auxiliary passage outlet from the perspective of the dosing module (128) in the spray direction (see Figs. 11, 12).
In reference to dependent claim 10, Norris further discloses: the auxiliary passage (118, 120, 122) is configured to direct the auxiliary flow into the turbine outlet passage (126) in an auxiliary flow direction (202) facing a centreline (200) of the turbine outlet passage (126); and the dosing module (128) is configured to deliver the aftertreatment fluid in a spray direction (204) facing the centreline (200) (see Fig. 10).
In reference to dependent claim 22, Norris further discloses: the auxiliary passage (118, 120, 122) comprises: an auxiliary passage inlet (120) positioned in the turbine inlet passage (117); and an auxiliary passage outlet (122) positioned in the turbine outlet passage (126) (see Fig. 1).
In reference to dependent claim 23, Norris further discloses: the auxiliary passage comprises a valve (124) configured to control the flow through the auxiliary passage (see [0030]).
In reference to dependent claim 35, Norris further discloses: the turbine (116) comprises a turbine wheel (not shown; see [0029]) having an exducer portion (this is well-known in the prior art of turbochargers, as turbines have exducers and inducers) defining an exducer diameter, and wherein the dosing module (128) is oriented such that at least a portion of the spray region is positioned within 10 exducer diameters from the turbine wheel relative to a centreline of the turbine outlet passage (200) (The dosing module 128 is coupled to the injection housing 126 and configured to dose reductant into the injection housing 126 at the outlet of the turbine 116 and thus would be within 10 exducer diameters from the turbine wheel along the centerline 200).
In reference to independent claim 38, Norris discloses:
A method of operating a turbine (116) for a turbocharger (108), comprising:
receiving exhaust gas from an internal combustion engine (104) into a turbine inlet passage (117) (see [0028]), the exhaust gas received by the turbine inlet passage defining a turbine bulk flow (see Fig. 1);
receiving the turbine bulk flow from the turbine inlet passage (117) into a turbine wheel chamber (116), the turbine wheel chamber configured to contain a turbine wheel (not shown; see [0029]) supported for rotation about a turbine axis (see Fig. 1 and [0028]);
receiving the turbine bulk flow from the turbine wheel chamber (116) into a turbine outlet passage (126) (see Fig. 1 and [0029], [0031]);
delivering an aftertreatment fluid into a spray region of the turbine outlet passage through which the turbine bulk flow passes using a dosing module (128) (see [0034]);
receiving a portion of the turbine bulk flow into an auxiliary passage (118, 120, 122), the portion of the turbine bulk flow received by the auxiliary passage defining an auxiliary flow (see Fig. 1 and [0030]); and
directing the auxiliary flow into the spray region of the turbine outlet passage (126) (see Figs. 1 and 10),
wherein the dosing module comprises a nozzle (injector 136) configured to generate the spray of aftertreatment fluid (see [0037]), wherein the nozzle (136) is aligned with (see Figs. 1-9) or radially outwards of a side wall (128) of the turbine outlet passage.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Norris as applied to claim 1 above, and further in view of US 20170152793 A1 to Albrecht et al. (Albrecht).
In reference to dependent claim 11, Norris is silent regarding the auxiliary flow direction facing downstream in relation to the turbine bulk flow and the auxiliary flow direction is inclined relative to a centreline of the turbine outlet passage by an angle of at least 45o.
Albrecht teaches a similar a turbine (12) for a turbocharger (T) with a bypass passage (6), i.e. auxiliary passage, having a principal flow axis (FA) that is inclined relative to a principal flow axis (FC) of the turbine by angle of between 30° and 70° (see [0050] and Fig. 2). The bypass passage is oriented downstream of the turbine bulk flow (see Fig. 2) and a catalyst (M) is position downstream of the turbine.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have oriented the bypass passage in the direction downstream of inclined the auxiliary passage of Norris at an angle of at least 45o in order to reduce the time the catalyst takes to warm up, thus reducing emissions [see [0032]).
In reference to dependent claim 12, the angle ranges recited here are taught in paragraph [0050] of Albrecht as cited above.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Norris as applied to claim 1 above, and further in view of DE 102008008563 A1 to Birkhold (Birkhold).
In reference to dependent claim 16, Norris is silent regarding the dosing module’s spray direction being oriented upstream in relation to the turbine bulk flow.
Birkhold discloses a similar exhaust system with a dosing module (122) oriented in a direction upstream of the exhaust flow (116) (see Fig. 1).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the system of Norris to orient the dosing module in the upstream direction relative to the bulk flow in order to allow the reductant spray is delivered to the exhaust flow without landing on the walls of the exhaust flow passage.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Norris as applied to claim 1 above, and further in view of KR 20120019957 A to Jung (Jung).
In reference to dependent claim 18, Norris is silent regarding the dosing module’s spray direction being oriented downstream in relation to the turbine bulk flow.
Jung teaches a similar exhaust system with a dosing module (3) oriented in the downstream direction of the exhaust flow (1).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have oriented the dosing module of Norris downstream of the turbine bulk flow to enhance flow mixing as flow is directed toward the reductant flow. Moreover, the dosing module pointing away from the incoming exhaust flow would also prevent coking and build up at the module.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Norris as applied to claim 1 above, and further in view of CN 110100081 A to Halldorf et al. (Halldorf).
In reference to dependent claim 34, Norris is silent regarding the turbine outlet passage defines a diffuser portion, and wherein the dosing module is oriented such that the spray region is located within the diffuser portion.
Halldorf discloses a similar turbine (6) with a dosing device (26) further having a diffuser (60) at the outlet of the turbine.
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have added the diffuser to the turbine of Norris in order to improve turbine efficiency as well as to help evaporate the reductant in the exhaust gas flow as taught by Halldorf.
Response to Arguments
Applicant's arguments filed February 13, 2026 have been fully considered but they are not persuasive.
With respect to independent claims 1 and 38, Applicant argued that Norris discloses a nozzle (i.e. injector 136) that extends into the flow passage (126), which is, thus, not aligned with or radially outwards of a side wall of the turbine outlet passage (see page 2 of the Remarks).
This argument is unpersuasive. The recitations in question require “the nozzle is aligned with or radially outwards of a side wall of the turbine outlet passage.” Under the Broadest Reasonable Interpretation (BRI), the claim does not require any specific part, the tip thereof, of the nozzle to be aligned with or radially outwards of the side way of the turbine outlet passage.
In Norris, the dosing module (128) includes an injector (136), which is interpreted to be the nozzle. The injector (136) of Norris is positioned on the side wall, i.e. injection housing 126. In other words, the injector is aligned with, i.e. arranged on the same surface, as the side wall. Hence, the nozzle of Norris is aligned with the side wall.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20170074141 A1 to Mitchell et al. (Mitchell) teaches an exhaust system having an injector 118 in which the tip 414 of the injector 118 abuts against the exhaust passageway 228 (see [0033]).
US 20110067381 A1to Zimmerman et al. (Zimmerman), KR 20120019957 A to Jung, DE 102012208034 A1 to Keusen et al. (Keusen), and DE 102008008563 A1 to Birkhold teach exhaust systems in which the nozzles of the injectors are positioned radially outwardly of the respective side walls of the main exhaust passages.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ngoc T Nguyen whose telephone number is (571)272-7176. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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/NGOC T NGUYEN/Primary Examiner, Art Unit 3799
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