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 .
Claims 7 – 17 remain pending in the application and have been fully considered.
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 – 8, 13 – 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sachdev et al. (US 2005/0132996).
Regarding Claim 7:
Sachdev et al. teaches an engine (10), comprising: a crankcase (18) including an upper portion (22) and a lower portion (24), the upper portion defining at least two cylinders (via 14), and the upper portion defines a first aperture and a second aperture (plurality of holes 44 shown in Fig 4) and the lower portion defines a third aperture axially aligned with the first aperture and a fourth aperture axially aligned with the second aperture (plurality of holes 62 shown in Fig 3, and the holes are aligned via fastener 66 shown in Fig 2); a cylinder head (16), the cylinder head defining a fifth aperture and a sixth aperture (formed via fasteners 66 shown in figs 1 – 2), the cylinder head coupled to 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 2); 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 (paragraph 0021); wherein a first fastener 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 – 4, paragraph 0021).
Regarding Claim 8:
Sachdev et al. teaches the third aperture defines the first threaded aperture and the fourth aperture defines the second threaded aperture (Figs 1 – 4).
Regarding Claim 13:
Sachdev et al. teaches an engine (10), comprising: a first portion (14) defining at least two cylinders, the first portion further defining a first aperture (Fig 1 via fasteners 66); a second portion (16) coupled to the first portion, the second portion defining a second aperture (Fig 2 via fasteners 66); a third portion (18) coupled to the first portion, the third portion defining a third aperture (44); a first fastener (66) extends through each of the first aperture, second aperture, and third aperture, the first fastener positioned to terminate in one of the first portion and the third portion (Fig 2, paragraph 0021); and an oil assembly (paragraph 0010 describes an oil pan integrated into the lower portion 24 of the crankcase) including an oil collection portion, the oil collection portion defining a lowermost surface extending along a plane, and a second fastener (66) coupling the oil collection portion to the first portion, the second fastener extending along an axis non-transverse to the plane.
Regarding Claim 14:
Sachdev et al. teaches the second portion is a cylinder head (paragraph 0021) and the third portion is a bed pan (paragraph 0010), and the fastener is positioned to terminate in the third portion (Fig 2).
Regarding Claim 15:
Sachdev 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 – 4).
Regarding Claim 16:
Sachdev et al. teaches the second fastener is positioned closer to the cylinder than the first fastener (Figs 1 – 4).
Regarding Claim 17:
Sachdev et al. teaches the second fastener terminates in the first portion (Figs 1 – 4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 9 – 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sachdev et al. (US 2005/0132996) and in view of Pegg et al. (US 2015/0322888).
Regarding Claim 8:
Sachdev et al. is silent to 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.
However, Pegg et al. teaches a similar engine wherein 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 (Fig 2, paragraphs 0034 – 0036, via bolts 35).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include the apertures of the lower and upper portion of the crankcase in Pegg et al. for the engine of Sachdev et al. in order to connect the bearing around the crankshaft.
Regarding Claim 9:
Modified Sachdev et al. and Pegg et al. teach the first fastener, second fastener, third fastener, and fourth fastener are all parallel (Fig 2 of Sachdev et al. and Fig 2 of Pegg et al.).
Regarding Claim 10:
Modified Sachdev et al. and Pegg et al. teach the first fastener, second fastener, third fastener, and fourth fastener are all parallel (Fig 2 of Sachdev et al. and Fig 2 of Pegg et al.).
Regarding Claim 11:
Modified Sachdev et al. and Pegg et al. teach the third fastener and the fourth fastener are positioned intermediate the first fastener and the second fastener (Fig 2 of Pegg et al.).
Regarding Claim 12:
Modified Sachdev et al. and Pegg et al. teach 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 (Fig 2 of Sachdev et al. and Fig 2 of Pegg et al.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/LONG T TRAN/Primary Examiner, Art Unit 3747