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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 19, 2026 has been entered.
Claims 7 – 17 remain pending in the application.
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) 7 – 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Omura et al. (US 2008/0245334).
Regarding Claim 7:
Omura et al. teaches an engine, comprising: a crankcase (6) including an upper portion (12) and a lower portion (41), the upper portion comprising a cylinder block (3) directly defining at least two cylinders (25 and formed by liner 8, Fig 5a shows an inline four cylinder), and the upper portion defines a first aperture and a second aperture (Fig 2a shows apertures 35) and the lower portion defines a third aperture (Fig 6 shows opening for a fastener 31 that passes through the surface of lower portion 41) axially aligned with the first aperture (Fig 6) and a fourth aperture (opposing opening along 41 that aligns with apertures 35, see Figs 2a – 6) axially aligned with the second aperture[[;]], the upper portion extending between an upper surface and a lower surface (Fig 6), the lower surface configured to engage with the lower portion of the crankcase, the at least two cylinders extending from the upper surface towards the lower surface (Fig 6); and a cylinder head (2), the cylinder head defining a fifth aperture and a sixth aperture (via 44 at 4, Fig 6), the cylinder head coupled directly to the crankcase at the upper surface of the upper portion of the crankcase such that the fifth aperture is axially aligned with the first aperture and the third aperture and the sixth aperture is axially aligned with the second aperture and the fourth aperture (Fig 6); wherein at least one of the first aperture, third aperture, and fifth aperture defines a first threaded aperture and at least one of the second aperture, fourth aperture, and sixth aperture defines a second threaded aperture (Fig 6); wherein a first fastener (31) extends through each of the first aperture, third aperture, and fifth aperture, and the first fastener terminates in the first threaded aperture; and wherein a second fastener extends through each of the second aperture, fourth aperture, and sixth aperture, and the second fastener terminates in the second threaded aperture (Figs 1 – 6).
Regarding Claim 8:
Omura et al. teaches the third aperture defines the first threaded aperture and the fourth aperture defines the second threaded aperture (Figs 1 – 6).
Regarding Claim 9:
Omura et al. teaches the lower portion defines a seventh aperture and an eighth aperture, the upper portion defines a ninth aperture axially aligned with the seventh aperture and a tenth aperture aligned with the eighth aperture, and a third fastener extends through the seventh aperture and the ninth aperture and a fourth fastener extends through the eighth aperture and the tenth aperture (Figs 1 – 6).
Regarding Claim 10:
Omura et al. teaches the first fastener, second fastener, third fastener, and fourth fastener are all parallel (Figs 1 – 6).
Regarding Claim 11:
Omura et al. teaches the third fastener and the fourth fastener are positioned intermediate the first fastener and the second fastener (Figs 1 – 6).
Regarding Claim 12:
Omura et al. teaches the ninth aperture defines a third threaded aperture and the tenth aperture defines a fourth threaded aperture, and the third fastener terminates in the third threaded aperture and the fourth fastener terminates in the fourth threaded aperture (Figs 1 – 6).
Regarding Claim 13:
See rejection of Claim 1 above.
Regarding Claim 14:
Omura et al. teaches the second portion is a cylinder head and the third portion is a bed pan (paragraph 0022), and the fastener is positioned to terminate in the third portion.
Regarding Claim 15:
Omura et al. teaches the first portion defines a fourth aperture and the second portion defines a fifth aperture; and wherein the fastener is a first fastener, and a second fastener extends through each of the fourth aperture and fifth aperture (Figs 1 – 6).
Regarding Claim 16:
Omura et al. teaches the second fastener is positioned closer to the cylinder than the first fastener (Figs 1 – 6).
Regarding Claim 17:
Omura et al. teaches the second fastener terminates in the first portion (Figs 1 – 6).
Response to Arguments
Applicant’s arguments with respect to claim(s) 7 – 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LONG T TRAN whose telephone number is (571)270-1899. The examiner can normally be reached Mon - Fri 9:00 - 5:00.
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/LONG T TRAN/Primary Examiner, Art Unit 3747
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