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 § 102/103
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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) 1-14 are rejected under 35 U.S.C. 102(a) (1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kiekhaefer and Official Notice.
For claim 1, 13, and 14, Kiekhaefer teaches a watercraft body; and the watercraft propulsion unit mounted to a rear portion of the watercraft body (outboard motor for a boat), a water propulsion device (description and figs.) comprising:
an engine body (12);
a throttle body to supply air to the engine body (must include a throttle);
an intake passage (24) connected to the throttle body on an upstream side of the throttle body (see fig. 2) and including an intake inlet to draw in the air and an intake outlet to guide the air to the throttle body (inlet and outlet of 24); and
a resonator (16, 17, 23) connected to the intake passage to reduce an intake sound of the air (see description);
wherein a volume of an internal space of the resonator is greater than a volume of an internal space of the intake passage between the intake inlet and the intake outlet (combined volume of 16, 17, 23 is greater than that of 24 as seen in fig. 1, note description, “The silencing chamber 14 is shown for illustrative purposes as being formed by a series of walls or partitions which are die-cast into the upper and lower cowls 6, 7. The walls of the cowls are complementary and when the upper and lower cowls are assembled they form four separate chambers which extend along the entire interior height of the cowling 5.”).
If for any reason applicant disagrees that Keikhaefer includes a throttle, the office notes that it is clear that the motor of Kiekhaefer will include a throttle between the outlet 27 and the engine, as it is well established in the art that throttles are needed to regulate air fuel ratio to the engine and are exceedingly well known in the art, therefor the office takes official notice that it would have been obvious to one having ordinary skill in the art at the time the invention was filed to include a throttle between air flow outlet (27) and the engine (12) of Keikhaefer to regulate air fuel ratio to the engine.
For claim 2, Kiekhaefer further teaches wherein the internal space of the resonator is a closed space integral with the internal space of the intake passage (all integral within the cowls).
For claim 3, Keikhaefer further teaches wherein the resonator is separate from the intake passage and mounted to the intake passage (separate chambers 23, 16, 17).
For claims 4-7 the office notes that Keikhaefer further teaches the limitations, however if for any reason applicant disagrees please see 103 below.
For claim 4, Keikhaefer further teaches wherein the intake passage is between the throttle body and at least a portion of the resonator (see fig. 2, throttle will be at inlet of 12, 24 is between 12 and portion of 17, 16 on the top and bottom).
For claim 5, Keikhaefer further teaches wherein at least a portion of the intake passage is above the throttle body (very top of intake grate 13 for instance); and the intake passage is between the throttle body and a portion of the resonator in a vertical direction (at least a portion of 24 is between throttle and portions of 23, 16, 17 in the vertical direction).
For claim 6, Keikhaefer further teaches wherein at least a portion of the intake passage is above the throttle body (very top of intake grate 13 for instance); and at least a portion of the resonator is located on a side portion of the intake passage so that at least a portion of the internal space of the resonator overlaps with the internal space of the intake passage in a top view in a state where the propulsion device is viewed in at least one of a left-right direction of the propulsion device or a front-rear direction of the propulsion device (see fig. 2).
For claim 7, Keikhaefer further teaches wherein at least a portion of the intake passage is above the throttle body (very top of intake grate 13 for instance); and at least a portion of the resonator is located on an upper portion of the intake passage so that at least a portion of the internal space of the resonator overlaps with the internal space of the intake passage in a top view in a state where the propulsion device is viewed from above to below (fig. 2, at least a portion of 23, 16, 17, is above a portion of 24).
For claims 4-7 if for any reason applicant disagrees that Kiekhaefer teaches the claimed orientation than it is noted that it would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the various portions of Keikhaefer oriented as claimed, in order to attenuate noise and save space, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
For claim 8, Kiekhaefer further teaches wherein the intake passage includes a first passage including the intake inlet (grate 13) and a second passage including the intake outlet (29); and a first straight line extending through a center of the intake inlet and along the first passage and a second straight line extending through a center of the intake outlet and along the second passage intersect with each other (see annotated fig. below).
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For claim 9, Kiekhaefer further teaches wherein the intake passage includes a connecting hole (hole through which 29 passes) to connect the internal space of the intake passage and the internal space of the resonator to each other (fig. 2); and at least a portion of the connecting hole is connected to the internal space of the intake passage in the first passage (connected to first passage in 13 via internal space 24).
For claim 10, Kiekhaefer further teaches wherein the first passage includes a connection on an opposite side to the intake inlet (back end hole of 13) and connected to the second passage (connected to 29 via internal space 24); and at least a portion of the connecting hole is connected to the internal space of the intake passage at the connection (back of hole 13 directly connects to 24).
For claim 11, Kiekhaefer further teaches wherein the first passage includes a connection on an opposite side to the intake inlet (back of inlet hole 13) and connected to the second passage (connected to 29 via 24); and the resonator is connected to the intake passage so that the internal space of the resonator covers at least a portion of the connection (16, 17 covering at least a portion of 13 on both sides).
For claim 12, Keikhaefer further teaches wherein a first maximum length that is a maximum length between inner surfaces of the resonator which face each other in a direction in which the first passage extends is greater than a second maximum length that is a maximum length from the intake inlet to an inner surface of the connection in the direction (see annotated fig. below).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of record is noted as it pertains to resonators for outboard motors and engines.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAGDALENA TOPOLSKI whose telephone number is (571)270-3568. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at 5712705301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
