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 .
Election/Restrictions
Claims 5-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/13/2026.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the abstract is over 150 words long. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 102
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.
Claims 1-4, 22, 24-25, and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Cummins Turbo Technologies prepares to launch 7th generation Series 400 Variable Geometry Turbocharger” Cummins Inc. hereinafter (published 08/12/2020; submitted as prior art).
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Regarding claim 1, Cummins Inc. discloses a turbine housing (shown in annotated figure above), for a turbocharger (“Variable Geometry Turbocharger”) comprising:
a flange (see annotated figure above) having an engagement surface (see annotated figure above) and a first inlet opening (see annotated figure above) in the engagement surface; and
a volute (see annotated figure above) which extends around an axis (see annotated figure above) and defines at least part of a flow passage (created by the combination of the inlet, volute, and turbine) through the turbine housing, the flow passage extending from the first inlet opening at a first end of the flow passage (see annotated figure above);
wherein the engagement surface of the flange is defined by a periphery of material (see annotated figure above) which extends around the first inlet opening between the first inlet opening and an outer edge of the engagement surface (see annotated figure above);
wherein a thickness of a first portion of the periphery (see annotated figure above; additionally the Examiner respectfully notes there is a distance between the inner edge of the inlet and the outer edge of the periphery on the engagement surface) at a radially inner side of the first inlet opening, is greater than a thickness of a second portion of the periphery (see annotated figure above), at a radially outer side of the first inlet opening (see figure above), along at least a full extent of a radially inner edge of the first inlet opening (see figure above).
Regarding claim 2, Cummins Inc. discloses all of claim 1 as above, wherein the full extent of the radially inner edge of the first inlet opening is a full axial extend of the radially inner edge of the first inlet opening (see figure above).
Regarding claim 3, Cummins Inc. discloses all of claim 1 as above, wherein the thickness of the first portion of the periphery is greater than the thickness of the second portion of the periphery along at least a full extent of the first inlet opening (see figure above).
Regarding claim 4, Cummins Inc. discloses all of claim 3 as above, wherein the thickness of the first portion of the periphery is greater than the thickness of the second portion of the periphery along a full extent of a radially inner edge of the outer edge of the engagement surface (see figure above).
Regarding claim 22, Cummins Inc. discloses a turbine (Pg. 2, “the combined effect of a multi-clearance shroud design and new wheel options to provide higher turbine efficiency”) according to claim 1 as above;
a turbine wheel (Pg. 2, “and new wheel options to provide higher turbine efficiency” indicating that there is a turbine wheel), the turbine wheel being received by the turbine housing (Pg. 2, “the combined effect of a multi-clearance shroud design and new wheel options to provide higher turbine efficiency”).
Regarding claim 24, Cummins Inc. discloses a turbine housing (see annotated figure above) for a turbocharger (“Variable Geometry Turbocharger”), the housing comprising:
a flange (see annotated figure above) having an engagement surface (see annotated figure above) and a first inlet opening (see annotated figure above) in the engagement surface; and
a volute (see annotated figure above) which extends around an axis (see annotated figure above) and defines at least part of a flow passage (created by the combination of the inlet, volute, and turbine) through the turbomachine housing (see annotated figure above), the flow passage extending from the first inlet opening at a first end of the flow passage (see annotated figure above);
wherein the engagement surface of the flange is defined by a periphery of material (see annotated figure above) which extends around the first inlet opening between the first inlet opening and an outer edge of the engagement surface, the periphery comprising a pair of opposing axially disposed sides (see annotated figure above; the Examiner notes that the periphery appears to be rectangular and therefore has two pairs of opposing sides), and a pair of radially opposing radially disposed sides when extend between the pair of axially disposed sides (see figure above);
wherein a thickness of a first of the pair of axially disposed sides, at a radially inner side of the first inlet opening (see annotated figure above), is greater than a thickness of a second of the pair of axially disposed sides (see annotated figure above), at a radially outer side of the first inlet opening, along an entire length of a radially inner side of the first inlet opening (see annotated figure above).
Regarding claim 25, Cummins Inc. discloses a turbine housing (see annotated figure above) for a turbocharger (“Variable Geometry Turbocharger”), the housing comprising:
a flange (see annotated figure above), the flange having an engagement surface (see annotated figure above) and a first inlet opening in the engagement surface (see annotated figure above); and
a volute (see annotated figure above) which extends around an axis (see annotated figure above) and defines at least part of a flow passage through the turbomachine housing (created by the combination of the inlet, volute, and turbine), the flow passage extending from the first inlet opening at a first end of the flow passage (see figure above);
wherein the engagement surface of the flange is defined by a periphery of material (see annotated figure above) which extend around the first inlet opening between the first inlet opening and an outer edge of the engagement surface (see annotated figure above), the periphery comprising a pair of opposing axially disposed sides (see annotated figure above; the Examiner notes that the periphery appears to be rectangular and therefore has two pairs of opposing sides), and a pair of opposing radially disposed sides which extend between the pair of axially disposed sides (see annotated figure above);
wherein a first of the pair of axially disposed sides, at a radially inner side of the first inlet opening, has a greater surface area (see annotated figure above; wherein the radially inner side “first portion” has a greater surface area than radially outer side “second portion) than a second of the pair of axially disposed sides, at a radially outer side of the first inlet opening (see annotated figure above).
Regarding claim 27, Cummins Inc. discloses all of claim 22 as above, wherein the turbine is a variable geometry turbine (Pg. 2, “Variable Geometry Turbocharger”).
Claim Rejections - 35 USC § 103
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.
Claims 23, 26, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Cummins Inc. in view of Edwards et al. (US PGPUB 2015/0361985 A1).
Regarding claim 23, Cummins Inc. discloses a turbocharger (see figure above) comprising:
the turbine according to claim 22 as above;
However, Cummins Inc. does not expressly disclose, “a bearing housing configured to support a shaft for rotation about the axis; and
a compressor, the compressor comprising a compressor housing and a compressor wheel;
wherein the turbine wheel and compressor wheel are in power communication.”
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Edwards et al. teaches, in the field of turbochargers (Fig. 2), a bearing housing (58) configured to support a shaft (38) for rotation about the axis (43); and a compressor (52) comprising a compressor housing (54), wherein the turbine wheel and compressor wheel are in power communication [0027].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the turbocharger of Cummins Inc. to include the bearings, shaft, compressor (which wheel and housing), and tie the compressor and turbine together as taught by Edwards et al., as both references are in the same field of endeavor, and one of ordinary skill would appreciate that, “The compressor wheel 52 is configured to pressurize the airflow 32 being received from the ambient for eventual delivery to the cylinders 14. The compressor wheel 52 is disposed inside a compressor cover 54 that includes a compressor volute or scroll 56. The compressor wheel 52 receives the airflow 32 and directs the airflow to the compressor scroll 56. The compressor scroll 56 is configured to achieve specific performance characteristics, such as peak airflow and efficiency of the turbocharger assembly 36. Accordingly, rotation is imparted to the shaft 38 by the post-combustion exhaust gases 24 energizing the turbine wheel 46, and is in turn communicated to the compressor wheel 52 owing to the compressor wheel being fixed on the shaft. Furthermore, the rotating assembly 37 is supported for rotation about the axis 43 via journal bearings 58. During operation of the turbocharger assembly 36, the rotating assembly 37 may frequently operate at speeds over 100,000 revolutions per minute (RPM) while generating boost pressure for the engine 10. As understood by those skilled in the art, the variable flow and force of the post-combustion exhaust gases 24 influences the amount of boost pressure that may be generated by the compressor wheel 52 throughout the operating range of the engine 10. [0027]”.
Regarding claim 26, Cummins Inc. discloses all of claim 22 as above.
However, Cummins Inc. expressly discloses their turbocharger as a “Variable Geometry Turbine.” and therefore does not disclose, “a fixed geometry turbine”
Edwards et al. teaches, in the field of turbochargers, a turbocharger with a waste-gate (60, [0028]) with the teaching that “Furthermore, the diffuser 66 can be used to improve energy extraction from the post-combustion gases 24 in any turbocharger design, with or without the waste-gate valve 62. Accordingly, the diffuser 66 can also be used on a turbocharger assembly that does not employ a waste-gate valve 62, such as a variable geometry turbocharger or VGT (not shown). [0029]”
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the variable geometry turbine of Cummins et al. to be a fixed geometry turbine with a waste-gate as taught by Edwards et al., as both references are in the same field of endeavor, and one of ordinary skill would appreciate the interchangeability of a variable geometry turbine and a fixed geometry turbine with a waste gate as taught by Edwards et al. ([0029]) and further would recognize the substitution of equivalents known for the same purpose (in the immediate case, controlling the operation of the turbocharger assembly by limiting on demand rotational speed of the rotating assembly and pressure of the airflow ([0028]; additionally see MPEP 2144.06 II.).
Regarding claim 28, Cummins Inc. discloses all of claim 22 as above.
However, Cummins Inc. does not disclose, “further comprising a wastegate.”
Edwards et al. teaches, in the field of turbochargers, a turbocharger with a waste-gate (60, [0028]) with the teaching that “Furthermore, the diffuser 66 can be used to improve energy extraction from the post-combustion gases 24 in any turbocharger design, with or without the waste-gate valve 62. Accordingly, the diffuser 66 can also be used on a turbocharger assembly that does not employ a waste-gate valve 62, such as a variable geometry turbocharger or VGT (not shown). [0029]”
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the variable geometry turbine of Cummins et al. to be a fixed geometry turbine with a waste-gate as taught by Edwards et al., as both references are in the same field of endeavor, and one of ordinary skill would appreciate the interchangeability of a variable geometry turbine and a fixed geometry turbine with a waste gate as taught by Edwards et al. ([0029]) and further would recognize the substitution of equivalents known for the same purpose (in the immediate case, controlling the operation of the turbocharger assembly by limiting on demand rotational speed of the rotating assembly and pressure of the airflow ([0028]; additionally see MPEP 2144.06 II.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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US PGPUB 2020/0340393 A1 discloses a turbine arrangement.
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US PGPUB 2020/0333498 A discloses a turbine including an inlet flange (32).
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US PGPUB 2024/0035413 A1 (priority date 12/18/2020) a turbocharger with an inlet flange (15).
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US Patent 5,406,795 A discloses an exhaust manifold to turbine casing flanges.
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US Patent 11,098,636 B2 discloses an exhaust manifold to turbine connection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN C CLARK whose telephone number is (571)272-2871. The examiner can normally be reached Monday - Thursday 0730-1730, Alternate Fridays 0730-1630.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney D Heinle can be reached at (571)-270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN C CLARK/Examiner, Art Unit 3745
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