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 § 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.
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 13-14 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 13, the phrase “at least one exhaust pipe passes through at least two intermediate walls in a region of respective pipe openings,” is indefinite. It is unclear if the “two intermediate walls” and “respective pipe openings” are the same as the “at least to partition walls” introduced earlier in claim 13, or if there are new components being introduced.
Claim 13 recites the limitation " at least one exhaust pipe passes through at least two intermediate walls in a region of respective pipe openings " in 5-6. 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.
Claims 1-9 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wolf (7,617,909).
With respect to claims 1 and 16, Wolf teaches a muffler for an exhaust system of an internal combustion engine, the muffler comprising: (or an exhaust system for an internal combustion engine, comprising at least one muffler including:) (Col. 1, Lines 59-63) a housing (14) having a circumferential wall defining a muffler interior (the interior housing the components of Figures 1-3); at least one compensation partition wall (1) arranged in said muffler interior; said at least one compensation partition wall (1) having a compensation pipe opening (3’ or 3”) formed therein; at least one exhaust pipe (5) passing through said at least one compensation partition wall (1) in a region of said compensation pipe opening (3’ or 3”); said compensation pipe opening (3’ or 3”) defining an opening central axis (central axis of #3’/3”, similar to Applicant’s #MO) and having a compensation opening internal dimension (internal dimension of opening #3’/3”, similar to Applicant’s IL) transverse to said opening central axis (central axis of #3’/3”, similar to Applicant’s #MO) of said compensation pipe opening (3’ or 3”) in at least one compensation opening longitudinal direction (longitudinal direction of #3’/3”, similar to Applicant’s RA) orthogonal to said opening central axis (central axis of #3’/3”, similar to Applicant’s #MO); said exhaust pipe (5) passing through said compensation pipe opening (3’ or 3”) and having a pipe external dimension (external dimension of pipe #5 within opening #3’/3”) in said compensation opening longitudinal direction (longitudinal direction of #3’/3” in the left-right direction of the figures, similar to Applicant’s RA); and, said compensation opening (3’ or 3”) internal dimension (internal dimension of opening #3’/3”, similar to Applicant’s IL) being greater than said pipe external dimension (external dimension of pipe #5 within opening #3’/3”) in said compensation opening (3’ or 3”) longitudinal direction (longitudinal direction of #3’/3” in the left-right direction of the figures, similar to Applicant’s RA).
With respect to claim 2, Wolf teaches wherein said exhaust pipe (5) has a circular external circumferential contour.
With respect to claim 3, Wolf teaches wherein said compensation pipe opening (3’ or 3”) is formed in a manner of an elongated hole; and, said compensation pipe opening (3’ or 3”) is delimited in an exhaust pipe receiving portion by opening edge portions (defend by edge portions of openings #3’/3” in contact with respective pipes #5) of said compensation partition wall (1) which extend in parallel, rectilinearly to said compensation opening longitudinal direction (longitudinal direction of #3’/3” in the left-right direction of the figures, similar to Applicant’s RA).
With respect to claim 4, Wolf teaches wherein an opening transverse dimension (opening transverse dimension of #3’/3” in the top-bottom direction of the figures, similar to Applicant’s, IQ) of said compensation pipe opening (3’ or 3”) orthogonal to said compensation opening longitudinal direction (longitudinal direction of #3’/3” in the left-right direction of the figures, similar to Applicant’s RA) corresponds to a pipe external dimension (external dimension of pipe #5 within opening #3’/3”) of said exhaust pipe, orthogonal to said compensation opening longitudinal direction (longitudinal direction of #3’/3” in the left-right direction of the figures, similar to Applicant’s RA), at least in a compensation length region of said compensation pipe opening (3’ or 3”).
With respect to claim 5, Wolf teaches wherein a distance of said opening edge portions (defend by edge portions of openings #3’/3” in contact with respective pipes #5) transverse to said compensation opening longitudinal direction (longitudinal direction of #3’/3” in the left-right direction of the figures, similar to Applicant’s RA) corresponds to said pipe external dimension (external dimension of pipe #5 within opening #3’/3”) orthogonal to said compensation opening longitudinal direction (longitudinal direction of #3’/3” in the left-right direction of the figures, similar to Applicant’s RA).
With respect to claim 6, Wolf teaches wherein said exhaust pipe (5) is fixedly connected to said compensation partition wall (1) in at least one fastening region (6a”/6b”) located at a distance from a pipe longitudinal axis (defined by longitudinal axis of pipe #5, similar to Applicant’s LR) orthogonal to said compensation opening longitudinal direction (longitudinal direction of #3’/3” in the left-right direction of the figures, similar to Applicant’s RA) (Col. 3, Lines 21-27).
With respect to claim 7, Wolf teaches wherein said exhaust pipe (5) is connected to said compensation partition wall (1) in said at least one fastening region (6a”/6b”) by a material connection (Col. 3, Lines 21-27).
With respect to claim 8, Wolf teaches, wherein said material connection is a weld (Col. 3, Lines 21-27).
With respect to claim 9, Wolf teaches wherein said exhaust pipe (5) is fixedly connected to said compensation partition wall (1) in at least one fastening region (6a”/6b”) in a region of one of said opening edge portions (defend by edge portions of openings #3’/3” in contact with respective pipes #5) (Col. 3, Lines 21-27).
With respect to claim 15, Wolf teaches wherein at least one connecting opening (Figure 1, defined by unlabeled perforated area above opening #3’ seen in Figure) is formed in at least one compensation partition wall (1).
Claims 1, 10-14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henke (2008/0196969).
With respect to claims 1 and 16, Henke teaches a muffler (device Figures 1-2) for an exhaust system of an internal combustion engine (considered inherent as the muffler is a “vehicular exhaust gas muffler” – [0020]), the muffler comprising: (or an exhaust system for an internal combustion engine, comprising at least one muffler including:) a housing (7) having a circumferential wall defining a muffler interior (interior of housing #7); at least one compensation partition wall (19 and/or 17) arranged in said muffler interior; said at least one compensation partition wall (19/17) having a compensation pipe opening (defined by unlabeled openings accommodating pipes 35 and 39) formed therein; at least one exhaust pipe (35 and/or 39) passing through said at least one compensation partition wall (19/17) in a region of said compensation pipe opening (defined by unlabeled openings accommodating pipes 35 and 39); said compensation pipe opening (defined by unlabeled openings accommodating pipes 35 and 39) defining an opening central axis (central axis of unlabeled openings accommodating pipes 35 and 39, similar to Applicant’s #MO) and having a compensation opening internal dimension (internal dimension unlabeled openings accommodating pipes 35 and 39, similar to Applicant’s IL) transverse to said opening central axis (central axis of unlabeled openings accommodating pipes 35 and 39, similar to Applicant’s #MO) of said compensation pipe opening (unlabeled openings accommodating pipes 35 and 39) in at least one compensation opening longitudinal direction (longitudinal direction of unlabeled openings accommodating pipes 35 and 39, similar to Applicant’s RA) orthogonal to said opening central axis (central axis of unlabeled openings accommodating pipes 35 and 39, similar to Applicant’s #MO); said exhaust pipe (35 and/or 39) passing through said compensation pipe opening (unlabeled openings accommodating pipes 35 and 39) and having a pipe external dimension (external dimension of pipe #35/39 within unlabeled openings accommodating pipes 35 and 39) in said compensation opening longitudinal direction (longitudinal direction of unlabeled openings accommodating pipes 35 and 39 in the left-right direction of the figures, similar to Applicant’s RA); and, said compensation opening (unlabeled openings accommodating pipes 35 and 39 internal dimension (internal dimension unlabeled openings accommodating pipes 35 and 39, similar to Applicant’s IL) being greater than said pipe external dimension (external dimension of pipe #35/39 within unlabeled openings accommodating pipes 35 and 39) in said compensation opening (unlabeled openings accommodating pipes 35 and 39) longitudinal direction (longitudinal direction of unlabeled openings accommodating pipes 35 and 39 in the left-right direction of the figures, similar to Applicant’s RA).
With respect to claim 10, Henke teaches wherein said compensation partition wall (19/17) is formed as an inherent shaped sheet-metal part; and, said compensation pipe opening (unlabeled openings accommodating pipes 35 and 39) is delimited by a passage formed in said compensation partition wall (19/17). It is considered to be inherent that said compensation partition wall (19/17) is formed as a shaped sheet-metal part, as several components including support wall #23 are described is being mode of sheet metal, and support wall #23 is further described as being welded to end wall #19, rendering it inherent that wall #19 is also metal, as is well known in the art ([0021]).
With respect to claim 11, Henke teaches wherein said at least one exhaust pipe (35) passing through said compensation pipe opening (unlabeled opening accommodating pipe 35) is formed as an angled pipe having a first pipe portion (portion of pipe #35 intending though opening in baffle #19) passing through said compensation pipe opening (unlabeled opening accommodating pipe 35) and elongated in a direction of a first pipe longitudinal axis portion (longitudinal axis portion of first pipe portion of pipe #35, similar to Applicant’s LR1), and having a second pipe portion (portion of pipe #35 connected to #31 and extending through housing wall #7) engaging in a pipe opening of said circumferential wall (7) and elongated in a direction of a second pipe longitudinal axis portion (longitudinal axis portion of second pipe portion of pipe #35/31, similar to Applicant’s LR2); and, said compensation opening longitudinal direction ((longitudinal direction of unlabeled openings accommodating pipes 35 and 39, similar to Applicant’s RA) and said second pipe longitudinal axis portion (longitudinal axis portion of second pipe portion of pipe #35/31, similar to Applicant’s LR2) lie in one plane and/or lie parallel to each other.
With respect to claim 12, Henke teaches wherein said first pipe longitudinal axis portion (longitudinal axis portion of first pipe portion of pipe #35, similar to Applicant’s LR1) and said second pipe longitudinal axis portion (longitudinal axis portion of second pipe portion of pipe #35/31, similar to Applicant’s LR2) are orthogonal to each other.
With respect to claim 13, Henke teaches wherein: said muffler defines a muffler longitudinal axis (long axis extending between end walls #3 and 5); at least two partition walls (defined by compensation partition walls #19/17 that accommodate pipes 35/39) following one another in the direction of said muffler longitudinal axis are provided in said muffler interior; at least one exhaust pipe (21) passes through at least two intermediate walls (defined by ones of walls #17/19 accommodating pipe 21, at opposing side of muffler from compensation partition walls #19/17 that accommodate pipes 35/39) in a region of respective pipe openings (openings accommodating pipe #21 in each of #17/19); and, at least one of said partition walls (defined by compensation partition walls #19/17 that accommodate pipes 35/39) is a compensation partition wall (19/17).
With respect to claim 14, Henke teaches wherein each of said at least two partition walls (defined by compensation partition walls #19/17 that accommodate pipes 35/39) is a compensation partition wall (19/17).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent arts of record relating to Applicant’s disclosure are disclosed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571) 270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837
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