DETAILED ACTION
This Office Action is responsive to the application filed on 03/16/2023, which is a 371 national stage entry of PCT/GB2023/050642. Claims 1-3, 5-10, 12-15, 20, 23-25, 33-34, 36 are pending. Claims 3, 5-10, 12-15, 20, 23-25 and 33-34 are withdrawn.
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 .
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 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.
Election/Restrictions
Applicant's election without traverse of Group A, (Claims 1, 2, 36) in the reply filed on 12/02/2025 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Applicant should note that the large number of references in the attached IDS have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is invited to point out any particular references in the IDS which they believe may be of particular relevance to the instant claimed invention in response to this office action.
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.
Claim 2 is 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 pre-AIA the applicant regards as the invention.
As to Claim 2, “to generate a spray of aftertreatment fluid” at lines 2-3 renders the claim indefinite. It is unclear if the “spray of aftertreatment fluid” refers to the aforementioned “spray of aftertreatment fluid” (claim 1, line 12) or another spray of aftertreatment fluid.
As to Claim 2, “the portion of the turbine outlet passage surface opposite the nozzle” lacks sufficient antecedent basis and renders the claim indefinite. It is previously recited that “the nozzle is positioned on an opposite side of the turbine outlet passage” but it is not previously set forth that there is a portion of the turbine outlet passage surface oppositive the nozzle.
Prior Art Relied Upon
This action references the following issued US Patents and/or Patent Application Publications:
US PATENT or PUBLICATION NUMBER
HEREINAFTER
US-20210047957-A1
“NORRIS”
US-20160333763-A1
“FURUKAWA”
US-20100212292-A1
“RUSCH”
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2 and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NORRIS.
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Re Claim 1, NORRIS teaches a turbine for a turbocharger 108 (Figures 1-2), 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 (¶¶0027-0029);
a turbine wheel chamber (chamber containing 116) configured to receive the turbine bulk flow from the turbine inlet passage, the turbine wheel chamber configured to contain a turbine wheel 116 supported for rotation (¶0029);
a turbine outlet passage 126 configured to receive the turbine bulk flow from the turbine wheel chamber (¶0031), the turbine outlet passage being at least partially defined by a turbine outlet passage surface [surface of guide 154] and defining a centreline (see Fig. 2, ¶0050);
an auxiliary passage [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 (bypass fluid; ¶¶0030-0032); and
a dosing module 128 configured to deliver a spray of aftertreatment fluid into the turbine outlet passage 126 (¶0034);
wherein the auxiliary passage is configured to direct the auxiliary flow along the turbine outlet passage surface in an auxiliary flow layer (necessarily forms layer along the surface of flow guide 154 when provided “within” exhaust gas provided by bypass outlet conduit; e.g., see Figures 1-2, ¶0050; note the layer of flow necessarily includes a boundary layer of the airfoil).
Re Claim 2, NORRIS teaches the turbine according to claim 1, wherein the dosing module comprises a nozzle 136 in fluid communication with the turbine outlet passage, the nozzle being configured to generate a spray of aftertreatment fluid (¶¶0037, 0057); and
wherein the nozzle is positioned on an opposite side of the turbine outlet passage to the auxiliary flow layer (auxiliary flow layer would form on side of 154 facing 122 in Figure 2 and nozzle 136 is on side of 154 opposite, ¶0050) such that, during use, the auxiliary flow layer inhibits aftertreatment fluid from reaching the portion of the turbine outlet passage surface opposite the nozzle (¶0050, Figures 1-2).
The recitation “such that, during use, the auxiliary flow layer inhibits aftertreatment fluid from reaching the portion of the turbine outlet passage surface opposite the nozzle” is a functional recitation of intended use and is accorded little patentable weight because it does not distinguish the claimed invention in terms of structure. It has been held that “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original) and “While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.” In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). See MPEP § 2114.
In the instant case, exhaust flow is provided from the bypass conduit 122 such that it flows over the airfoil flow guide 154 surfaces, forming the auxiliary flow layer along the turbine outlet passage surface, enhancing a swirling flow of exhaust gas provided by the bypass conduit 122 into housing 126 that is used to mix aftertreatment fluid (¶0050). As will be appreciated from the drawings and description, by causing mixing with this swirling flow and the aftertreatment fluid it necessarily hinders/inhibits at least some of the aftertreatment fluid from reaching the side of the flow guide 154 facing the bypass conduit 122 and opposite the injector 136 (Figure 2) and therefore NORRIS meets the functional recitation and anticipates the claim.
Re Claim 36, NORRIS teaches 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, the exhaust gas received by the turbine inlet passage defining a turbine bulk flow (¶¶0027-0029);
receiving the turbine bulk flow from the turbine inlet passage into a turbine wheel chamber (chamber containing 116), the turbine wheel chamber configured to contain a turbine wheel 116 supported for rotation (¶0029);
receiving the turbine bulk flow from the turbine wheel chamber into a turbine outlet passage 126, the turbine outlet passage being at least partially defined by a turbine outlet passage surface [surface of guide 154], the turbine outlet passage defining a centreline (see Figure 2, ¶00500;
receiving a portion of the turbine bulk flow into an auxiliary passage [120, 122], the portion of the turbine bulk flow received by the auxiliary passage defining an auxiliary flow (bypass fluid; ¶¶0030-0032);
delivering a spray of aftertreatment fluid into the turbine outlet passage using a dosing module 128 (¶0034); and
directing the auxiliary flow along the turbine outlet passage surface in an auxiliary flow layer (necessarily forms layer along the surface of flow guide 154 when provided “within” exhaust gas provided by bypass outlet conduit; e.g., see Figures 1-2, ¶0050; note the layer of flow necessarily includes a boundary layer of the airfoil).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over FURUKAWA in view of RUSCH.
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Re Claim 1, FURUKAWA teaches a turbine for a turbocharger (Figure 5, ¶0109-0111), comprising:
a turbine inlet passage [3 upstream of turbine 4] (see Figure 5) configured to receive exhaust gas from an internal combustion engine 2, the exhaust gas received by the turbine inlet passage defining a turbine bulk flow (¶¶0109-0110);
a turbine wheel chamber (chamber including turbine 4, shown in figure 5) configured to receive the turbine bulk flow from the turbine inlet passage (Figure 5), the turbine wheel chamber configured to contain a turbine wheel 4 supported for rotation (turbocharger turbine wheel, ¶0109);
a turbine outlet passage [3 downstream of turbine 4] (see Figure 5) configured to receive the turbine bulk flow from the turbine wheel chamber, the turbine outlet passage being at least partially defined by a turbine outlet passage surface (interior wall surface of the turbine outlet passage) and defining a centreline (passage 3 axial centerline, which is necessarily present in figure 5; e.g., see fig. 7 where a cross-section of 3 is shown);
an auxiliary passage 5 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 (¶0110),
a dosing module 10 configured to deliver a spray of aftertreatment fluid into the turbine outlet passage (¶0110). However, FURUKAWA fails to expressly teach the auxiliary passage is configured to direct the auxiliary flow along the turbine outlet passage surface in an auxiliary flow layer.
RUSCH teaches a dosing module 20, a turbine outlet passage [12, 14] and an auxiliary passage (passage feeding inlet openings with exhaust gas branched upstream of a turbocharger, ¶0040) configured to receive a portion of a turbine bulk flow defining an auxiliary flow (¶0040), the auxiliary passage is configured to direct the auxiliary flow along a turbine outlet passage surface (interior wall of 12 and/or 14) in an auxiliary flow layer [G] (¶0041). See Figures 1-2 embodiments. It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to provide the auxiliary passage so it is configured to direct the auxiliary flow along the turbine outlet passage surface in an auxiliary flow layer, in order to avoid deposits of reducing agent from developing on the interior walls of the exhaust system so as to avoid blocking the exhaust system (¶0004, ¶0041). See also ¶¶0043-0044.
Re Claim 2, FURUKAWA in view of RUSCH teaches a turbine according to claim 1. FURUKAWA further teaches wherein the dosing module comprises a nozzle in fluid communication with the turbine outlet passage, the nozzle being configured to generate a spray of aftertreatment fluid (Fig. 5, ¶¶0109-0111). However, FURUKAWA in view of RUSCH as discussed so far fails to teach wherein the nozzle is positioned on an opposite side of the turbine outlet passage to the auxiliary flow layer such that, during use, the auxiliary flow layer inhibits aftertreatment fluid from reaching the portion of the turbine outlet passage surface opposite the nozzle.
RUSCH further teaches a nozzle of the dosing module (nozzle at tip of 20) in fluid communication with the turbine outlet passage generating a spray of aftertreatment fluid [N] is positioned on an opposite side of the turbine outlet passage (upstream side at tip of feed device 20) to the auxiliary flow layer (downstream side of 14, 12 opposite tip of feed device 20) such that, during use, the auxiliary flow layer inhibits aftertreatment fluid from reaching the portion of the turbine outlet passage surface opposite the nozzle [surface of 14 and/or 12 opposite nozzle at tip of 20] (“guide member 26 directs the gas flow G such that the reducing agent flow R is, as it were, sheathed, and in this way prevents the fine mist of urea N developing at the tip of the feed device 20 from being able to deposit on the inside wall 16 of the feed connector 14 or on a wall of the exhaust pipe 12” ¶0041). It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to provide the turbine wherein the nozzle is positioned on an opposite side of the turbine outlet passage to the auxiliary flow layer such that, during use, the auxiliary flow layer inhibits aftertreatment fluid from reaching the portion of the turbine outlet passage surface opposite the nozzle, in order to avoid deposits of reducing agent from developing on the interior walls of the exhaust system so as to avoid blocking the exhaust system (¶0004, ¶0041). See also ¶¶0043-0044.
Re Claim 36, FURUKAWA teaches a method of operating a turbine for a turbocharger (Figure 5, ¶0109-0111), comprising:
receiving exhaust gas from an internal combustion engine into a turbine inlet passage [3 upstream of turbine 4] (see Figure 5), the exhaust gas received by the turbine inlet passage defining a turbine bulk flow (¶¶0109-0110);
receiving the turbine bulk flow from the turbine inlet passage into a turbine wheel chamber (chamber including turbine 4, shown in figure 5; ¶¶0109-0111), the turbine wheel chamber configured to contain a turbine wheel supported for rotation (turbocharger turbine wheel, ¶0109);
receiving the turbine bulk flow from the turbine wheel chamber into a turbine outlet passage 3 downstream of turbine 4] (see Figure 5, ¶¶0109-0111), the turbine outlet passage being at least partially defined by a turbine outlet passage surface (interior wall surface of the turbine outlet passage), the turbine outlet passage defining a centreline (passage 3 axial centerline, which is necessarily present in figure 5; e.g., see fig. 7 where a cross-section of 3 is shown);
receiving a portion of the turbine bulk flow into an auxiliary passage 5, the portion of the turbine bulk flow received by the auxiliary passage defining an auxiliary flow (¶0110);
delivering a spray of aftertreatment fluid into the turbine outlet passage using a dosing module 10 (¶0110). However, FURUKAWA fails to teach directing the auxiliary flow along the turbine outlet passage surface in an auxiliary flow layer.
RUSCH teaches a dosing module 20, a turbine outlet passage [12, 14] and an auxiliary passage (passage feeding inlet openings with exhaust gas branched upstream of a turbocharger, ¶0040) configured to receive a portion of a turbine bulk flow defining an auxiliary flow (¶0040) and method of using the same, the method including directing the auxiliary flow along the turbine outlet passage surface (interior wall of 12 and/or 14) in an auxiliary flow layer [G] (¶0041). See Figures 1-2 embodiments. It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to provide the method wherein it includes directing the auxiliary flow along the turbine outlet passage surface in an auxiliary flow layer, in order to avoid deposits of reducing agent from developing on the interior walls of the exhaust system so as to avoid blocking the exhaust system (¶0004, ¶0041). See also ¶¶0043-0044.
Conclusion
The additional prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DOCUMENT
PERTINENCE
US-20090158717-A1
Dosing module having an auxiliary passage 20 and forming a layer (b) on surface 37(36).
US-20080155973-A1
Dosing module of turbocharger wherein dosing module is arranged to avoid surface contact (¶¶0041-0045).
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON H DUGER whose telephone number is (313) 446-6536. The examiner can normally be reached 8:30a to 4:30p EST Monday & Tuesday and 8:00a to 2:00p Wednesday, and is OFF Thursday and Friday.
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JASON H DUGER
PRIMARY EXAMINER, ART UNIT 3741
PHONE (313) 446 6536
FAX (571) 270 9083
DATE
March 7, 2026
/JASON H DUGER/Primary Examiner, Art Unit 3741