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
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.
Claim(s) 1,3, 5-7,9-12, 13, 21, 25, 27 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Stelzer (U.S. Pub. No. 2015/0110678).
Regarding claim 1, 13 and 21, Stelzer discloses a pre-heat system (fig. 1) for a Selective Catalytic Reduction (SCR) device (3), comprising:- a first electrical heater (8) for providing heat to an upstream element (15) in an exhaust system (2) of a combustion device (¶2 discloses engine), the first electrical heater independent of an exhaust airflow of the exhaust system (fig. 2 shows the heater is not in the path of the exhaust); and- a controller (11) operatively connected to the first electrical heater, the controller configured to engage the first electrical heater prior to an initiation of the combustion device to permit a pre-heating of the upstream element (¶16) - wherein the upstream element provides heat to the Selective Catalytic Reduction (SCR) device after the initiation of the combustion device (fig. 5 step 7 has unpurified exhaust while heater is still running).
Regarding claim 2 which depends on claim 1, Stelzer discloses further comprising:-
a first air blower (6); and(22) in fluid communication with the first electrical heater, the valve comprising an input receiving an output airflow from the first electrical heater (shown in fig. 8),
a first outlet (15 when in 2) for providing a first pre-heating airflow for the pre-heating of the upstream element and a second outlet (2 provides exhaust for heating) for providing a second pre-heating airflow for a pre-heating of the SCR device (the SCR catalyst is pre-heated before it expels the gas to the atmosphere);
wherein the controller controls the first air blower, the first electrical heater, and the valve.
Regarding claim 3 and 11 which depends on claim 2 and 10 respectively, Stelzer discloses wherein the valve comprises a modulating valve (construed as the disclosed damper valve).
Regarding claim 5 which depends on claim 2, Stelzer discloses wherein the controller further comprises a network device operatively connected to the controller, the network device for receiving an indication of the initiation of the combustion device (the temperature sensors would function like this).
Regarding claim 6 which depends on claim 5, Stelzer discloses wherein the controller is further configured to determine a pre-heat schedule based on at least the received indication (construed as what is disclosed in ¶24).
Regarding claim 7 which depends on claim 2, Stelzer discloses further comprising:-
at least one SCR temperature sensor (12), the at least one SCR temperature sensor operatively connected to the controller and positioned at the SCR device (shown in fig. 3 and 4), the at least one SCR temperature sensor for providing an SCR temperature value; and –
wherein the controller controls each of the first air blower, the first electrical heater and the valve based on the SCR temperature value (¶19).
Regarding claim 9 and 22 which depends on claim 2 and 21 respectively, Stelzer discloses wherein the upstream element is selected from a group consisting of at least one of: a particulate filter, a ceramic element (silencer option addressed), and a silencer (the turns and changes in size of the piping can be said to provide silencing).
Regarding claim 10 which depends on claim 2, Stelzer discloses further comprising:- a flow regulator (21) in fluid communication with the first electrical heater and operatively connected with the controller (fig. 4), the flow regulator for measuring temperature at the heater outlet (12) and restricting the flow of air through the heater; and- wherein the controller is further adapted for providing a control signal to the flow regulator (fig. 4).
Regarding claim 12 which depends on claim 2, Stelzer discloses wherein the heater is a variable power heater (¶19 discloses modulating the pre-heat system).
Regarding claim 25 which depends on claim 3, Stelzer discloses wherein the first air blower and the first electrical heater are supplied with electrical power independent from the combustion device (starts before combustion).
Regarding claim 27 which depends on claim 6, Stelzer discloses wherein the pre-heat schedule comprises a pre-planned initiation of the combustion device (pre-heating is to anticipate combustion which is pre-planned).
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.
Claim(s) 4, 8, 14-20, 26, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stelzer (U.S. Pub. No. 2015/0110678) as applied to claims 1,3, 5-7,9-12, 13, 21, 25, 27 above, and in view of Hupfeld (U.S. Pub. No. 2020/0116061).
Regarding claim 4 which depends on claim 1, Stelzer discloses further comprising:-
a first air blower (6);- the first electrical heater in fluid communication with the first air blower (through 7), an outlet of the first electrical heater for providing a first pre-heating airflow for the pre-heating of the upstream element (at 15 inside 2);-
Stelzer does not disclose a second air blower;- a second heater in fluid communication with the second air blower, an outlet of the second heater for providing a second pre-heating airflow for the pre-heating of the SCR device; and- wherein the controller controls the first air blower, the first electrical heater, the second air blower and the second heater.
Hupfeld, which deals in pre-heating, teaches a second air blower ()40;- a second heater (30) in fluid communication with the second air blower, an outlet of the second heater for providing a second pre-heating airflow for the pre-heating of the SCR device (at 52); and- wherein the controller controls the first air blower, the first electrical heater, the second air blower and the second heater (58 is disclosed as controlling these elements).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Stelzer with the second heater of Hupfeld because this secondary burner helps to reach light off temperature “very quickly” (¶31).
Regarding claim 8 and 20 which depends on claim 7 and 19 respectively, Stelzer discloses further comprising:- at least one upstream temperature sensor (54), the at least one upstream temperature sensor operatively connected to the controller, the at least one upstream temperature sensor for providing an upstream element temperature value; and- wherein the controller controls each of the firstair blower, the first electrical heater and the valve based on the SCR temperature value and the upstream element temperature value (¶27).
Stelzer does not disclose that the upstream sensor is positioned at the upstream element.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to place the temperature sensor at the outlet of the first heating air flow, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 V C.
Regarding claim 14 which depends on claim 13, Stelzer discloses wherein the heating comprises:
-a first air blower (6) obtaining a blower signal from the controller (thermostat controls the signals);
- the first electrical heater in fluid communication with the first air blower obtaining a heater signal from the controller (shown in fig. 3);
-generating a heating airflow using the first electrical heater and the first air blower (shown in fig. 5);
-providing the generated heating airflow through a valve (22),
Stelzer does not disclose the valve comprising a first outlet for providing a first heating airflow to thereby heat the upstream element, and a second outlet for providing a second heating airflow to thereby heat the SCR device.
Hupfeld teaches the valve (38 and 64 shown in fig. 1) comprising a first outlet for providing a first heating airflow to thereby heat the upstream element, and a second outlet for providing a second heating airflow to thereby heat the SCR device.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Stelzer with the valve of Hupfeld because this would help direct the heated air flow (¶31).
Regarding claim 15 which depends on claim 14, Stelzer discloses wherein the valve comprises a modulating valve (¶27 discloses these valves allow for regulation of air).
Regarding claim 17 which depends on claim 14, Stelzer discloses further comprising:- obtaining an indication of the initiation of the combustion device (12 can be used to obtain an “indication”).
Regarding claim 18 which depends on claim 17, Stelzer discloses further comprising:- determining using the controller a pre-heat schedule based on the received indication (pre-heating is to anticipate combustion which is pre-planned).
Regarding claim 19 which depends on claim 14, Stelzer discloses further comprising:- obtaining an SCR temperature value from at least one SCR temperature sensor positioned at the SCR device and operatively connected to the controller (12 provides this indication), - further wherein the controller is configured to control each of the air blower, the first electrical heater and the valve based at least on the SCR temperature value (shown in fig. 5).
Regarding claim 16 which depends on claim 13, Stelzer discloses wherein:
-a first air blower (6) obtains a first blower signal from the controller;
-the first electrical heater (fig. 4) in fluid communication with the first air blowerobtains a first electrical heater signal from the controller;
- a second blower obtaininq a second blower signal from the controller;
- a second heater in fluid communication with the second air blower obtaininq a second heater signal from the controller; and
- wherein the method further comprises:- generating a first pre-heating airflow for pre-heating the upstream element using the first electrical heater and the first air blower;- delivering the first pre-heating airflow at the upstream element generating a second pre-heating airflow for pre-heating the SCR device using the second heater and the second air blower; and- delivering the second pre-heating airflow at the SCR device (the limitations of this claim have been addressed above in claim 4).
Regarding claim 26 which depends on claim 15, Stelzer discloses wherein the first air blower and the first electrical heater are supplied with electrical power independent from the combustion device (starts before combustion).
Regarding claim 28 which depends on claim 18, Stelzer discloses wherein the pre-heat schedule comprises a pre- planned initiation of the combustion device (pre-heating is to anticipate combustion which is pre-planned).
Claim(s) 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stelzer (U.S. Pub. No. 2015/0110678) in view of Hupfeld (U.S. Pub. No. 2020/0116061) as applied to claims 8 and 20 above, further in view of Jung (U.S. Pat. No. 10,947,896).
Regarding claim 23 and 24 which depends on claim 8 and 20 respectively, Stelzer does not disclose wherein the combustion device is a diesel combustion engine or a natural gas generator.
Jung, which deals in catalyst pre heating, teaches wherein the combustion device is a diesel combustion engine or a natural gas generator (col. 4, lines 15-20).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Stelzer with the diesel engine of Jung because they have been sturdied (col. 4, line 19).
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GONZALO LAGUARDA whose telephone number is (571)272-5920. The examiner can normally be reached 8-5 M-Th Alt. F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached at (571) 270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GONZALO LAGUARDA
Primary Examiner
Art Unit 3747 email: gonzalo.laguarda@uspto.gov
/GONZALO LAGUARDA/Primary Examiner, Art Unit 3747
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