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 § 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) 1-3, 5, and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawakubo et al. (US 2016/0281577).
In Reference to Claim 1
(See Kawakubo, Figures 1-11)
Kawakubo et al. (Kawa) discloses:
A vehicle comprising:
an internal combustion engine (21) having a combustion chamber (See Kawa, Paragraph [0038]);
an exhaust path (44) through which exhaust gas from the combustion chamber flows (See Kawa, Paragraph [0043]);
an air cleaner (62) having a filter that purifies outside air and a clean space into which clean air that passes through the filter flows (See Kawa, Paragraph [0057]); and
a secondary air flow path that connects the clean space of the air cleaner to the exhaust path, wherein
the secondary air flow path includes:
a first flow path (71) connected to the clean space of the air cleaner (62);
a second flow path (73,64,75,51) connected to the exhaust path (44); and
an intermediate chamber (63) that has an inflow port (63A) connected to the first flow path (71) and an outflow port (63b) connected to the second flow path (73,64,75,51), and that is disposed between the first flow path (71) and the second flow path (73,64,75,51). (See Kawa, Paragraph [0011]).
In Reference to Claim 2
(See Kawakubo, Figures 1-11)
Kawa discloses:
Wherein the intermediate chamber (63) is disposed downstream of a middle point of the secondary air flow path in a flow direction.
The Examiner notes that the intermediate chamber is at least downstream of the middle point of pipe (71) which is “a middle point” of the flow path.
In Reference to Claim 3
(See Kawakubo, Figures 1-11)
Kawa discloses:
an air switching valve (64) disposed in the second flow path (73,64,75,51) of the secondary air flow path and capable of opening and closing the secondary air flow path (See Kawa, Paragraph [0069]).
In Reference to Claim 5
(See Kawakubo, Figures 1-11)
Kawa discloses:
an air box (63 w/respect to box that forms chamber 63) including the intermediate chamber (63) having the inflow port (63a) and the outflow port (63b); a first pipe (71) connecting to the air box (63) and having an internal flow path; and a second pipe (73) connected to the air box (63) and having an internal flow path, wherein the air box (63) includes:
a box portion (63) that defines the intermediate chamber (63);
a first protruding portion (63a) protruding outward from the box portion (63) and having a flow path connection to the inflow port (63a);
a second protruding tubular portion (63b) protruding outward from the box portion (63) and having a flow path connection the outflow port (63b),
the first pipe (71) is fitted to the first protruding tubular portion (63a), the second pipe (73) is fitted to the second protruding tubular portion (63b), and
the first flow path (71) includes the internal flow path of the first pipe (71) and the flow path of the first protruding portion (63a), and
the second flow path (73) includes the internal flow path of the second pipe and the flow path of the second protruding tubular portion (63b).
The Examiner notes that multiple elements have been cited using the same numerals of the prior art, this is due to the features being different parts of the same element (i.e.-chamber 63 is formed by the physical box which creates the chamber, the inflow port (63a) is formed by the first protruding portion). In other words, the claims appear to recite the structural element (i.e.-protruding portion) and the space (i.e.-port) which is formed by said element, accordingly the cited numerals correspond to both features.
In Reference to Claim 8
(See Kawakubo, Figures 1-11)
Kawa discloses:
Wherein a vehicle body frame (4) having a bracket (50 w/respect to heat shield) (See Kawa, Figure 4); and an air box (63) having the intermediate chamber (63), wherein the air box (63) includes an attachment portion (72) attached to the bracket (50). (See Kawa, Paragraphs [0052] & [0064]-[0065]).
In Reference to Claim 9
(See Kawakubo, Figures 1-11)
Kawa discloses:
Wherein with respect to the flow path cross section orthogonal to a flow path axis line of the secondary air flow path, a maximum flow path cross-section area of the intermediate chamber (63) is larger than each of a maximum flow path cross-section areas of the first flow path (71) and the second flow path (73). (See Kawa, Figure 6 w/respect to resonator cross-section compared to piping cross-section).
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yajima et al. (JP 2018-119482).
In Reference to Claim 1
(See Yajima, Figure 6 as annotated by Examiner below)
Yajima et al. (Yaj) discloses:
A vehicle comprising:
an internal combustion engine (5) having a combustion chamber (31) (See Yaj, Paragraph [0033]);
an exhaust path (32) through which exhaust gas from the combustion chamber (31) flows (See Yaj, Paragraph [0033]);
an air cleaner (391) having a filter that purifies outside air and a clean space into which clean air that passes through the filter flows (See Yaj, Paragraph [0037]); and
a secondary air flow path that connects the clean space of the air cleaner to the exhaust path (32) (See Yaj, Paragraph [0050]), wherein
the secondary air flow path includes:
a first flow path (78) connected to the clean space of the air cleaner (391) (See Yaj, Paragraph [0050]);
a second flow path (62,48) connected to the exhaust path (32) (See Yaj, Paragraph [0056]); and
an intermediate chamber (A) that has an inflow port (B) connected to the first flow path (78) and an outflow port (C) connected to the second flow path (62,48), and that is disposed between the first flow path (78) and the second flow path (62,48).
The Examiner notes that the claim recitations merely require “chambers” and “ports” of which a chamber and port under broadest reasonable interpretation are merely openings creating flow path connections.
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In Reference to Claim 4
(See Yajima, Figure 6 as annotated by Examiner above)
Yaj discloses:
Wherein the inflow port (B) and the outflow port (C) overlap with each other when viewed from a flow path axial line direction orthogonal to a flow path cross-section of the inflow port (B).
The Examiner notes that the ports are merely openings for the flow path and as the flow path is a direct piping, said inflow ports and outflow ports overlap with each other when viewed from a flow path axial line direction orthogonal to a flow path cross-section of the inflow port .
Claim(s) 1-2 and 5-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hatanaka (US 2022/0112829).
In Reference to Claim 1
(See Hatanaka, Figures 1-7)
Hatanaka (Hat) discloses:
A vehicle comprising:
an internal combustion engine (E) having a combustion chamber (30) (See Hat, Paragraph [0029]);
an exhaust path (32b,44) through which exhaust gas from the combustion chamber (30) flows (See Hat, Paragraph [0032]);
an air cleaner (42) having a filter that purifies outside air and a clean space into which clean air that passes through the filter flows (See Hat, Paragraph [0031]); and
a secondary air flow path (56) that connects the clean space of the air cleaner to the exhaust path (32b,44) (See Hat, Paragraph [0036]), wherein
the secondary air flow path includes:
a first flow path (60) connected to the clean space of the air cleaner (42) (See Hat, Paragraph [0040]);
a second flow path (62) connected to the exhaust path (32b,44) (See Hat, Paragraph [0040]); and
an intermediate chamber (71) that has an inflow port (68a) connected to the first flow path (60) and an outflow port (70a) connected to the second flow path (62), and that is disposed between the first flow path (60) and the second flow path (62).
In Reference to Claim 2
(See Hatanaka, Figures 1-7)
Hat discloses:
Wherein the intermediate chamber (71) is disposed downstream of a middle point of the secondary air flow path in a flow direction.
The Examiner notes that the intermediate chamber is more than halfway past the entire flow path length.
In Reference to Claim 5
(See Hatanaka, Figures 1-7)
Hat discloses:
an air box (58) including the intermediate chamber (71) having the inflow port (68a) and the outflow port (70a); a first pipe (60) connecting to the air box (58) and having an internal flow path; and a second pipe (62) connected to the air box (58) and having an internal flow path, wherein the air box (58) includes:
a box portion (71) that defines the intermediate chamber (71);
a first protruding portion (68a) protruding outward from the box portion (71) and having a flow path connection to the inflow port (68a);
a second protruding tubular portion (70a) protruding outward from the box portion (71) and having a flow path connection the outflow port (70a),
the first pipe (60) is fitted to the first protruding tubular portion (68a), the second pipe (62) is fitted to the second protruding tubular portion (70a), and
the first flow path (60) includes the internal flow path of the first pipe (60) and the flow path of the first protruding portion (68a), and
the second flow path (62) includes the internal flow path of the second pipe (62) and the flow path of the second protruding tubular portion (70a).
The Examiner notes that the second protruding portion of Hat both protrudes upward and away from the box portion and includes a tubular portion (internal pipe flow path). (See Hat, Figure 6, 70a). Additionally, the Examiner notes that multiple elements have been cited using the same numerals of the prior art, this is due to the features being different parts of the same element (i.e.-chamber 63 is formed by the box which creates it, the inflow port (63a) is formed by the first protruding portion). In other words, the claims appear to recite the structural element (i.e.-protruding portion) and the space (i.e.-port) which is formed by said element, accordingly the cited numerals correspond to both features.
In Reference to Claim 6
(See Hat, Figures 3 and 5 as annotated by Examiner below)
Hat discloses:
Wherein a size (X) of the box portion (71) of the air box (58) in a left-right direction of the vehicle is smaller than each size of the box portion (71) of the air box (58) in a front-rear direction and an up-down direction of the vehicle.
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In Reference to Claim 7
(See Hatanaka, Figures 1-7)
Hat discloses:
wherein the air cleaner (42) is disposed behind the internal combustion engine (E) in a front-rear direction of the vehicle,
the internal combustion engine (E) has an in-engine exhaust flow path (32b) which is a part of the exhaust path (32b,44), and an in-engine secondary air flow path which is a part of the secondary air flow path and is connected to the in-engine exhaust flow path (See Hat, Figures 4-5), and
the in-engine secondary air flow path is open outward of the internal combustion engine (E) at a front portion of the internal combustion engine (E) in the front-rear direction of the vehicle. (See Hat, Figure 3-4).
In Reference to Claim 8
(See Hatanaka, Figures 1-7)
Hat discloses:
Wherein a vehicle body frame (1,2) having a bracket (See Hat, Paragraph [0028] w/respect to the engine mounting to frame); and an air box (58) having the intermediate chamber (71), wherein the air box (58) includes an attachment portion (76) attached to the bracket (via the engine). (See Hat, Paragraphs [0052]-[0054]).
In Reference to Claim 9
(See Hatanaka, Figures 1-7)
Hat discloses:
Wherein with respect to the flow path cross section orthogonal to a flow path axis line of the secondary air flow path (56), a maximum flow path cross-section area of the intermediate chamber (71) is larger than each of a maximum flow path cross-section areas of the first flow path (60) and the second flow path (62). (See Hat, Figure 5-6 w/respect to chamber 71 cross-section relative to pipe 56).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pekrul, Morita, Araki, Nishimura, Kajiwara, and Kuji show secondary air devices within the general state of the art of invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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