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 § 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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oohashi et al. (U.S. Publication 2010/0031937), hereinafter “Oohashi” in view of Kanou et al. (U.S. Patent 8,938,964), hereinafter “Kanou”.
Regarding claim 1, Oohashi discloses the same invention substantially as claimed such as an exhaust gas recirculation device for an internal combustion engine, the exhaust gas recirculation device comprising: an EGR passage (14) that delivers some of exhaust gas of the internal combustion engine (1) to an intake passage (3) of the internal combustion engine as an EGR gas (shown in figure 1); and an EGR valve (9) provided in a section of the EGR passage that is between the intake passage (3) and the exhaust manifold, wherein the EGR valve (9) includes: a temperature sensitive portion (9b, the rod is in contact with the exhaust gases and rod is still subjected to temperature) with which the EGR gas comes into contact, an EGR gas temperature being a temperature of the EGR gas that comes into contact with the temperature sensitive portion (rod 9, shown in figure 4); and a valve body (9f) that opens the EGR valve (9, 9a) when the EGR gas temperature is higher than a prescribed temperature (paragraph 49 and 54), thereby allowing the EGR gas to flow, but is silent to disclose an EGR cooler. However, Kanou teaches the use of an EGR cooler (36) with an EGR valve (34) for the purpose of cooling the exhaust gas and regulating the temperature before entry into the intake air for greater engine efficiency. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Oohashi by incorporating an EGR cooler as taught by Kanou for the purpose of cooling the exhaust gas and regulating the temperature before entry into the intake air for greater engine efficiency. Examiner notes that the claim does not provide additional detail to the temperature sensitive portion and does not state that it may be a wax that directly allows for the actuation of the valve. Therefore, reading under BRI, the valves rod can read on the temperature sensitive portion since temperature does affect the rod to some degree. If the rod get too hot it may expand.
Regarding claim 2, Oohashi and Kanou disclose the exhaust gas recirculation device for an internal combustion engine according to claim 1, wherein the temperature sensitive portion (Oohashi, rod 9) is disposed in a section downstream of the valve body in a flow direction of the EGR gas (Oohashi, downstream of 9a is still a portion of 9b), and the valve body includes a through-hole (Oohashi, 24, shown in figure 4).
Regarding claim 3, Oohashi and Kanou disclose the exhaust gas recirculation device for an internal combustion engine according to claim 1, wherein the temperature sensitive portion is disposed in a section downstream of the valve body in a flow direction of the EGR gas (Oohashi, downstream of 9a is still a portion of 9b), the EGR valve includes a bypass passage (24), and the EGR gas bypasses the valve body by flowing through the bypass passage (paragraph 52).
Regarding claim 4, Oohashi and Kanou disclose the exhaust gas recirculation device for an internal combustion engine according to claim 1, wherein the fuel of the internal combustion engine is hydrogen gas. Examiner notes that hydrogen gas is not mentioned within Oohashi or Kanou, but the EGR system would work interchangeably within an hydrogen gas engine.
Regarding claim 5, Oohashi and Kanou disclose the exhaust gas recirculation device for an internal combustion engine according to claim 1, wherein, when the EGR valve is open, an air-fuel mixture burned in the internal combustion engine has an air excess ratio of 1 or less. Examiner notes that Oohashi’s ECU controls the EGR valve based upon exhaust gas temperature and engine operating conditions. Sometimes the ai-fuel mixture burned in the engine may have an air excess ratio of 1 or less as sometimes the engine runs rich line during cold start.
Regarding claim 6, Oohashi and Kanou disclose an exhaust gas recirculation method for an internal combustion engine, the exhaust gas recirculation method being executed by processing circuitry, the method comprising: introducing some of exhaust gas of the internal combustion engine into an intake passage of the internal combustion engine as an EGR gas by causing the exhaust gas to pass through the EGR passage; and using an EGR cooler provided in the EGR passage, thereby performing heat exchange between coolant of the internal combustion engine and the EGR gas, wherein the EGR valve opens when an EGR gas temperature is higher than a prescribed temperature, the EGR valve is provided in a section of the EGR passage that is between the intake passage and the EGR cooler, and the EGR gas temperature is a temperature of the EGR gas in contact with a temperature sensitive portion of the EGR valve. Refer to rejection of claim 1 for further details since the limitations are similar.
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 3/6/2026