Prosecution Insights
Last updated: April 19, 2026
Application No. 19/065,801

EXHAUST AFTERTREATMENT SYSTEM INCLUDING MIXER WITH INJECTOR CONE

Non-Final OA §101§103
Filed
Feb 27, 2025
Examiner
TRAN, BINH Q
Art Unit
3746
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Cummins Emission Solutions Inc.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
1200 granted / 1365 resolved
+17.9% vs TC avg
Moderate +7% lift
Without
With
+6.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
28 currently pending
Career history
1393
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
28.1%
-11.9% vs TC avg
§102
50.7%
+10.7% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1365 resolved cases

Office Action

§101 §103
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 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. Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Cvelbar (Patent/Publication Number US 2019/0201854) in view of Chiruta et al. (Chiruta) (Patent/Publication Number US 2022/0298949). Regarding claim 1, Cvelbar discloses an exhaust aftertreatment system (12) comprising: an introduction conduit (14) centered on a conduit axis (18A) (Figures 7-9) (e.g. See Paragraphs [0027, 0029, 0047]); a dosing module (20, 22, 222) coupled to the introduction conduit (18) and comprising an injector (20) configured to provide a reducing fluid into the introduction conduit along an injection axis (e.g. See Paragraphs [0025-0026]); and a mixer (16) comprising: a mixer body (18, 30, 32, 34, 36) disposed within the introduction conduit (18), the mixer body configured to receive exhaust and the reducing fluid (e.g. See Paragraphs [0024, 0028-0034]), a first aperture (29, 31, 48, 50, 52, 54, 77, 78) extending through the mixer body, the first aperture configured to facilitate flow of exhaust through the mixer body (e.g. See Paragraphs [0037] Exhaust guide 28 receives exhaust and distributes it around injection cone 26 as shown in FIG. 7. Exhaust guide 28 includes an exhaust-distribution duct 48 and flow-distribution walls 50, 52, and 54 as shown in FIGS. 5 and 8. Exhaust-distribution duct 48 forms an exhaust-receipt opening 29 arranged to open toward upstream baffle 32 so that portion 17 of exhaust stream 14 flows into exhaust receipt opening 29 as shown in FIG. 7. In one embodiment, exhaust receipt opening 29 is spaced apart from and aligns with guide aperture 33 formed in upstream baffle 32 downstream of upstream baffle 32 as shown in FIG. 7. In another embodiment, exhaust-receipt opening 29 extends through guide aperture 33 and is upstream of upstream baffle 32 as shown in FIG. 12. Flow-distribution walls 50, 52, and 54 separate exhaust-receipt opening 29 of exhaust-distribution duct 48 into flow ports 61, 63, and 65 and distribute exhaust around injection cone 26 as shown in FIG. 8.) (e.g. See Paragraphs [0026, 0031, 0037-0039]), an injector plate (48, 56, 248, 256) coupled to the mixer body along a portion of the first aperture, a portion of the injector plate (58, 258, side wall) angled at a first opening angle away from the mixer body (e.g. See Paragraphs [0039-0041, 0043, 0054]), and an injector cone (26, 226) positioned on the injector plate, the injector cone comprising an injection aperture configured to facilitate flow of the reducing fluid through the injector cone and the injector plate (e.g. See Paragraphs [0039] Exhaust-distribution duct 48 includes a ceiling 55, a floor 56, and a side wall 58 as shown in FIG. 5. Ceiling 55 is coupled to mount cylinder 42 and forms an upper boundary for exhaust-distribution duct 48. Floor 56 is coupled to ceiling 55 and flared wall 46 of injection cone 26 to form outlet aperture 47. Side wall 56 is substantially u-shaped and extends from exhaust-receipt opening 29, around injection cone 26, and couples ceiling 55 to floor 56 to form exhaust-distribution duct 48 as shown in FIG. 8.) (e.g. See Paragraphs [0034-0036, 0052-0055]). However, Cvelbar fails to disclose provide a hydrocarbon fluid through the injector. Chiruta teaches that it is conventional in the art, to use the hydrocarbon fluid (108, 608) as a reducing agent for the exhaust injector (110, 610) (See Paragraphs [0026-0027, 0116]). It would have been obvious to one having ordinary skill in the art at the time the invention was made, to use the hydrocarbon fluid as a reducing agent for the exhaust injector of Cvelbar, as taught by Chiruta for the purpose of increasing the exhaust gas temperature, and also making the air-fuel ratio of the exhaust gas flowing into the catalyst system richer, so as to reduce the poisoned materials in the purifying catalyst and to reduce amount of nitrogen oxides in the exhaust gas of the lean-burn engine, and further improve the performance of the engine and the efficiency of the emission system, since the use thereof would have been routinely practiced by those with ordinary skill in the art to maintain high purification efficiency of a catalyst system. Regarding claim 3, Cvelbar further discloses an inlet flange (32, 70, 72) coupled to the mixer body (18, 30, 32, 34, 36) and the introduction conduit, the inlet flange comprising a plurality of inlet flange apertures, each of the inlet flange apertures configured to facilitate flow of exhaust through the inlet flange apertures (33, 45, 77, 78) and around the mixer body (e.g. See Paragraphs [0030-0031]); and an outlet flange (34, 80, 82) coupled to the mixer body and the introduction conduit downstream of the inlet flange, the outlet flange comprising an outlet flange opening (87) configured to facilitate flow of exhaust through the outlet flange (e.g. See Figure 4; Paragraphs [0031-0032]). Allowable Subject Matter Claims 10-20 are allowed. Claims 2, and 4-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims; and also to overcome the claim objections set forth in this Office action, such as to overcome the rejection(s) under 35 U.S.C. 101, and 112 2nd paragraph. Since allowable subject matter has been indicated, applicant is encouraged to submit Final Formal Drawings (If Needed) in response to this Office action. The early submission of formal drawings will permit the Office to review the drawings for acceptability and to resolve any informalities remaining therein before the application is passed to issue. This will avoid possible delays in the issue process. The following is an examiner's statement of reasons for allowance: The prior art fails to disclose or render obvious the claimed combination including a mixer for an exhaust aftertreatment system comprising: a first guide plate first flange and a first guide plate second flange that couple a portion of first guide plate to the mixer body, a first guide plate panel contiguous with the first guide plate second flange, the first guide plate panel forming a first guide plate flow aperture, a first guide plate sidewall contiguous with the first guide plate first flange and the first guide plate panel, the first guide plate sidewall configured to facilitate flow between the first guide plate panel and the mixer body, and a first guide plate tab positioned within and along a portion of the second aperture and contiguous with the first guide plate panel, wherein the first guide plate tab couples the first guide plate to the mixer body and is configured to prevent flow of exhaust along an edge of the first guide plate panel. The following is an examiner's statement of reasons for allowance: The prior art fails to disclose or render obvious the claimed combination including a mixer comprising: an injector plate coupled to the mixer body along a portion of the first aperture and centered on a reference axis, the injector plate defining an injector plate aperture angled at a first opening angle away from the mixer body; a first guide plate coupled to the mixer body along a portion of the second aperture adjacent to the injector plate, a portion of the first guide plate angled at a second opening angle from the mixer body defining a first guide plate flow aperture; a second guide plate coupled to the mixer body along a portion of the third aperture adjacent to the injector plate opposite the first guide plate, a portion of the second guide plate angled at a third opening angle from the mixer body defining a second guide plate flow aperture; and an injector cone positioned on the injector plate, the injector cone comprising an injection aperture configured to facilitate flow of the hydrocarbon fluid through the injector cone and the injector plate along an injection axis; wherein the first guide plate flow aperture is configured to facilitate the flow of exhaust into the mixer cavity away from the injection axis and the second guide plate flow aperture is configured to facilitate the flow of exhaust into the mixer cavity toward the injection axis to facilitate swirling of exhaust. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance." Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and consists of seven patents: Alano et al. (Pat./Pub. No. US 2016/0319724), Gattani et al. (Pat./Pub. No. US 2020/0271035), Chapman et al. (Pat./Pub. No. US 2022/0349330), Albert et al. (Pat./Pub. No. US 2021/0340896), Kimura et al. (Pat./Pub. No. US 2021/0062703), Tucker et al. (Pat./Pub. No. US 2019/0323402), and Troxler et al. (Pat./Pub. No. US 2012/0174561), all discloses an exhaust gas purification for use with an internal combustion engine. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Binh Tran whose telephone number is (571) 272-4865. The examiner can normally be reached on Monday-Friday from 8:00 a.m. to 4:00 p.m. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Mark Laurenzi, can be reach on (571) 270-7878. The fax phone numbers for the organization where this application or proceeding is assigned are (571) 273-8300 for regular communications and for After Final communications. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Binh Q. Tran /BINH Q TRAN/ Primary Examiner, Art Unit 3748 December 11, 2025
Read full office action

Prosecution Timeline

Feb 27, 2025
Application Filed
Dec 11, 2025
Non-Final Rejection — §101, §103
Mar 24, 2026
Examiner Interview Summary
Mar 24, 2026
Applicant Interview (Telephonic)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
95%
With Interview (+6.7%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1365 resolved cases by this examiner. Grant probability derived from career allow rate.

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