DETAILED ACTION
1. This action is in response to applicant's amendment received on 1/2/2026. Amended claims 1, 2, 4-5, 15, and 19 are acknowledged and the following new grounds of rejection below are formulated.
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 § 103
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 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP 2008051021 A), hereinafter “Ito” in view of Derra et al. (U.S. Patent 10,851,707), hereinafter “Derra”.
Regarding claim 1, Ito discloses the same invention substantially as claimed such as a generator comprising: a frame (2) formed by a plurality of sides including at least a first side (side of 34), a second side, a third side, and a fourth side; an engine (3) coupled to the frame; an alternator (inherent) operably coupled to the engine; a muffler (70) fluidly connected to an exhaust of the engine; a panel (34) coupled to the frame (2), the panel enclosing the first side (side of 34) of the plurality of sides of the frame, where at least one of the second side, third side, and fourth side are open to a surround environment (sides have venting openings which would be considered as being open of the surrounding environment); and foam (121,123) coupled to the panel (34), the foam positioned between the panel and the engine (shown in figure 21), but is silent to disclose one side being open to an environment and not having a panel. However, Derra teaches the use of exhaust side of the genset to be open to an environment (shown in figure 5) for the purpose of allowing heat from the exhaust to escape and not radiate into the engine compartment to protect the crankshaft oil seal and prevent engine damage (column 4, lines 32-57). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ito by incorporating one open side for the genset as taught by Derra for the purpose of allowing heat from the exhaust to escape and not radiate into the engine compartment to protect the crankshaft oil seal and prevent engine damage.
Regarding claim 2, Ito discloses the generator of claim 1, wherein the foam is sound attenuating foam (Ito mentions using urethane sound deadening foam to the inner surface of the silencer 121).
Regarding claim 3, Ito discloses the generator of claim 1, wherein the panel comprises a control panel (53, control panel is connected to same side of panel 34) configured to control the operation of the generator (shown in figure 6).
Regarding claim 4, Ito discloses the generator of claim 3, wherein the foam is coupled to a housing (34) of the control panel, the foam configured to separate the control panel from at least the engine. Examiner notes that the housing (34) houses the control panel with members 37 and 36 shown in figure 6. The foam is coupled to the member 37 so the foam is considered as being coupled to the housing of the control panel.
Regarding claim 5, Ito and Derra disclose the claimed invention except for the control panel being housed or the housing made of foil. It would have been obvious to one having ordinary skill in the art before the effective filing date of when the invention was made to have the control panel housed in foil, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 6, Ito discloses the generator of claim 3, further comprising a battery (61) electrically coupled to the control panel (inherent that the control panel need electrical power from a battery).
Regarding claim 7, Ito discloses the generator of claim 1, further comprising a fuel tank (5) fluidly coupled to the engine.
Regarding claim 8, Ito discloses the generator of claim 7, wherein the fuel tank (5) at least partially encloses the second side (top side) of the plurality of sides (shown in figure 1).
Regarding claim 9, Ito discloses the generator of claim 1, wherein the frame comprises a first frame unit (2b left portion shown in figure 6), a second frame unit (2b, right portion shown in figure 6), and a crossbar (2c), the crossbar being coupled between the first frame unit and the second frame unit (shown in figure 6).
Regarding claim 10, Ito discloses the generator of claim 9, wherein the first frame unit comprises at least a first horizontal member, a second horizontal member (lower portion of 2b), a first vertical member, a second vertical member, and a first crossbar (14); wherein, the second frame unit comprises at least a third horizontal member, a fourth horizontal member, a third vertical member, a fourth vertical member, and a second crossbar (14). Examiner notes that figure 6 shows a component (2b) that have these horizontal and vertical members with the cross bar (14) on top.
Regarding claim 11, Ito discloses the generator of claim 9, wherein the first frame unit is formed in a first plane and the second frame unit is formed in a second plane, where the first plane and second plane are generally parallel to one another (shown in figure 6).
Regarding claim 12, Ito discloses the generator of claim 9, wherein the panel (34) is coupled to either the first frame unit or the second frame unit (figure 6 shows its connected to both).
Regarding claim 13, Ito discloses the generator of claim 12, wherein the panel comprises a side panel (36), a cover panel (37), and a filler panel (63, shown in figure 6).
Regarding claim 14, Ito discloses the generator of claim 13, wherein the panel comprises an internal side (121a, inside surface of 121) and an exterior side (exterior surface of 121), where the foam (123) is coupled to the internal side of the panel (shown in figure 21).
Regarding claim 15, Ito discloses the claimed invention but is silent to disclose the alternator in a second region. It would have been obvious to one having ordinary skill in the art before the effective filing date of when the invention was made to have the alternator in a second region, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Refer to the rejections of claims 1 and 6 for further details for the other limitations since the limitations are similar.
Regarding claim 16, Ito discloses the portable generator of claim 15, wherein the third region is located adjacent the first side of the frame (2) and the fourth region is located adjacent the fourth side of the frame, the first side being opposite the fourth side.
Regarding claim 17, Ito discloses the portable generator of claim 15, further comprising a heat shield (121) disposed between the control panel and the engine.
Regarding claim 18, Ito discloses the portable generator of claim 15, wherein the frame comprises a first frame unit, a second frame unit, and a crossbar, the crossbar being coupled between the first frame unit and the second frame unit, wherein, the first frame unit comprises at least a first horizontal member, a second horizontal member, a first vertical member, a second vertical member, and a first crossbar; wherein, the second frame unit comprises at least a third horizontal member, a fourth horizontal member, a third vertical member, a fourth vertical member, and a second crossbar. Refer to the rejections of claims 9-10 for further details since the limitations are similar.
Regarding claim 19, Ito discloses a portable generator configured for generating electrical power, comprising: a frame formed by a plurality of sides including at least a first side, a second side, a third side, and a fourth side of the frame; a wheel assembly (114) coupled to the frame (2), the wheel assembly including one or more wheels (114); an internal cavity defined by the frame; an engine coupled to the frame and configured to produce mechanical power; an alternator operably coupled to the engine; a muffler fluidly connected to an exhaust of the engine; a panel coupled to the frame, the panel enclosing the first side of the plurality of sides of the frame; and foam coupled to the panel, wherein at least a portion of the foam is positioned between the panel and the engine; wherein, the panel comprises a side panel, a cover panel, and a filler panel; wherein, the foam (123) comprises a control panel foam, a filler panel foam, and a cover panel foam; wherein, at least one of the second side, third side, and fourth side is not enclosed by a panel and is open to a surrounding environment. Refer to the rejections of claims 1 and 13 for further details since the limitations are similar.
Regarding claim 20, Ito discloses the portable generator of claim 19, further comprising a control panel coupled to the frame, the control panel (53) comprising: a starting mechanism configured to start the engine; a display configured to display information about the generator; a plurality of electrical outlets; and a charging port (shown in figure 4); wherein, the control panel (53) is electrically coupled to a battery (61), the battery being located within the internal cavity of the frame (shown in figure 10).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 15, and 19 have been considered but are moot because the new grounds of rejection relies on the new Derra reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SYED O HASAN/ Primary Examiner, Art Unit 3747 4/8/2026