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) 1-7 and 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barnes (U.S. Patent 2,146,246), hereinafter “Barnes”.
Regarding claims 1, 11, or 19, Barnes discloses a throttle body adapter (14) for internal combustion engines, said throttle body adapter comprising: a hollow body (15) having an upstream surface (surface of 14 that contacts flange 28) configured for coupling to a throttle body (19) and a downstream surface (surface of 14 that contact flange 27) configured for coupling to an air intake manifold (11, shown in figure 2), said hollow body having an adapter air passageway (passageway within 15) defined by an inner adapter wall (16), said adapter air passageway configured to be in fluid communication with a throttle body air passageway (19) defined by the throttle body; and an arcuate protrusion (17) extending in an upstream direction from said upstream surface of said hollow body (shown in figure 3), said arcuate protrusion (17) configured for insertion into the throttle body air passageway (19); wherein said arcuate protrusion (17) is configured to engage or lie adjacent (17 is still considered as adjacent to the valve plate since there is no other components in between and very close) to a valve plate (31) of the throttle body when the valve plate is at an idle position (shown in figure 3). The entire circumference for the arcuate protrusion (17) can be used since the claim does not state otherwise.
Regarding claims 2 or 13, Barnes discloses the throttle body adapter of claims 1 or 11, wherein said throttle body adapter (14) defines a gauge port (23) positioned downstream of said arcuate protrusion (17).
Regarding claims 3 or 14, Barnes discloses the throttle body adapter of claims 1 or 11, wherein said inner adapter wall (16) comprises a first portion (portion of 17) and a second portion (portion of 18 and 21 shown in figure 3) that cooperate to define the entirety of said adapter air passageway, wherein said arcuate protrusion (17) extends along only said first portion of said inner adapter wall. Examiner chooses the first portion as the portion of 17 only and second portion as the components 18 and 21.
Regarding claims 4 or 15, Barnes discloses the throttle body adapter of claims 1 or 11, wherein said arcuate protrusion (17) comprises an inner side and an outer side, wherein said inner side aligns with said inner adapter wall (where 17 merges into 16 shown in figure 3), and wherein said hollow body (15) extends laterally beyond said outer side (shown in figure 3).
Regarding claims 5, 16, or 20, Barnes discloses the throttle body adapter of claims 1, 11, or 19, wherein said arcuate protrusion (17) comprises a curved surface that is shaped to allow the valve plate (31) to sweep past said curved surface without contacting said curved surface (shown in figure 1). When the valve plate opens fully, the curved surface makes sure the component 14 is not in the way.
Regarding claims 6 or 17, Barnes discloses the throttle body adapter of claims 1 or 11, wherein said inner adapter wall (16) comprises a first portion (portion of 16) and a second portion (portion of 18 and 21) that cooperate to define the entirety of said adapter air passageway, wherein said arcuate protrusion comprises an inner side and an outer side, wherein said inner side extends along only said first portion of said inner adapter wall (16), and wherein said hollow body (15) extends laterally beyond said outer side (through 18 and 21, shown in figure 3).
Regarding claims 7 or 18, Barnes discloses the throttle body adapter of claims 6 or 17, wherein said outer side of said arcuate protrusion (17) and said second portion (portion of 18 and 21) of said inner adapter wall are configured to align with the throttle body (shown in figure 3). Examiner notes that tip of 17 towards the valve plate and the portions 18 and 21 are parallel with the wall 34 so they still align.
Regarding claim 12, Barnes discloses the engine of claim 11, wherein said valve plate (31) is a portion of a butterfly valve (column 3, liens 65-70).
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) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnes.
Regarding claims 8-10, Barnes discloses the claimed invention but does not show the plurality of fastener openings and channel to receive a gasket disposed within the hollow body. However, 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 provide such openings and gaskets since it was known in the art that sealing against air leakage is important for appropriate engine function. Examiner notes that although not shown in the figures, Barnes mentions the importance of the gasket and other sealing means for the hollow body flanges (25, 26) against the intake flanges, (27, 28, column 3, lines 51-61).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892.
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/SYED O HASAN/Primary Examiner, Art Unit 3747 9/30/2025