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 .
Drawing Objection
The drawings are objected to because reference numeral 118 is missing.
Claim Objection
Claims 3, 13, 19 are objected to because on the last line, the unit mm is inside parentheses.
35 USC 112a rejections
Claims 1-6, 8-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Paragraphs 30-33 of the specification disclose a shell 116, a second endcap 118. The reference numeral 118 is missing. Reference numeral 116 appears to refer to an endcap because all independent claims 1, 11, 17 recite “a mounting bracket monolithically formed with the end cap and extending radially away from the end cap”. It is unclear exactly which elements refer to endcap and shell. Please provide reference numeral 118 and make appropriate correction.
35 USC 112b rejections
Claims 1-6, 8-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-6, 8-20 are rejected because the metes and bounds of the claim cannot be ascertained because of the following reasons.
Independent claims 1, 11, 17 recite “such that the mounting bracket is radially aligned with the first sensor port” which is unclear because figures 4-6 clearly show that such that the mounting bracket 120 is axially aligned with the first sensor port (either 140 or 142) because those elements line up in the axial direction, not radially aligned.
For examination purposes the offending limitations above will be interpreted to be axially aligned.
35 USC 112(d) rejections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
The whole content of claim 2 “the at least one catalyst contained in the catalyst housing” is already in independent claim 1, lines 1-2, “a catalyst housing configured to contain at least one catalyst”.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
35 USC 102 rejections
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.
Claim(s) 1-2, 4-6, 7-12, 14-15, 17-18, 20 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by EP 2042700 (Onodera).
Regarding independent claims 1, 11, 17, Onodera discloses an exhaust aftertreatment assembly 1 comprising: a catalyst housing 13 configured to contain at least one catalyst therein, the catalyst housing comprising a first sensor port 49 (note paragraph 26) defined through an outer wall of the catalyst housing; and a shell coupled to the catalyst housing, the shell comprising: an end cap 18 fixed to the catalyst housing, and a mounting bracket 33 monolithically formed with the end cap and extending radially away from the end cap such that the mounting bracket is radially aligned with the first sensor port (figures 4-5 clearly show that the bracket 33 surround the shell and port 49 is defined by a port of the shell; so the port 49 line up with the bracket 33 in the axial direction as disclosed), the mounting bracket comprising: a mounting portion, the mounting portion defining a first mounting opening 44 structured to receive a first fastener, 42, 43, and a lift portion extending away from the mounting portion, the lift portion defining a lift opening 51 structured to receive a portion of a lifting arm.
Regarding independent claim 11, Onodera discloses a gasoline engine system (paragraph 16) comprising: an engine (paragraph 16); a connecting bracket (figure 1) coupled to the engine; and an exhaust aftertreatment system 1 coupled to the connecting bracket, the exhaust aftertreatment system 1 comprising: a catalyst housing 13 configured to contain at least one catalyst therein, the catalyst housing 13 comprising a first sensor port 49 (paragraph 26) defined through an outer wall of the catalyst housing[[;]] , and a shell coupled to the catalyst housing, the shell comprising: an end cap 18 fixed to the catalyst housing 13, and a mounting bracket 33 monolithically formed with the end cap and extending radially away from the end cap such that the mounting bracket is radially aligned with the first sensor port (figures 4-5 clearly show that the bracket 33 surround the shell and port 49 is defined by a port of the shell; so the port 49 line up with the bracket 33 in the axial direction as disclosed) , the mounting bracket 33 comprising: a mounting portion, the mounting portion defining a first mounting opening 44 structured to receive a first fastener 42, 43such that the first fastener couples the shell to the connecting bracket (figures 1, 5, show the connection between the bracket and turbine housing 4 that forms a connecting bracket) [[;]] and a lift portion extending away from the mounting portion, the lift portion defining a lift opening 51 structured to receive a portion of a lifting arm.
Regarding independent claim 17, Onodera discloses a method of assembling an engine system, the method comprising: providing an engine (paragraph 26); providing an exhaust aftertreatment system 1 comprising: a catalyst housing 13 configured to contain at least one catalyst therein, the catalyst housing comprising a first sensor port 49 defined through an outer wall of the catalyst housing; and a shell coupled to the catalyst housing, the shell comprising: an end cap 18 fixed to the catalyst housing 13, and a mounting bracket monolithically formed with the end cap and extending radially away from the end cap such that the mounting bracket is radially aligned with the first sensor port (figures 4-5 clearly show that the bracket 33 surround the shell and port 49 is defined by a port of the shell; so the port 49 line up with the bracket 33 in the axial direction as disclosed), the mounting bracket comprising: a mounting portion, the mounting portion defining a first mounting opening 44 structured to receive a first fastener 42, 43 [[;]], and a lift portion extending away from the mounting portion, the lift portion defining a lift opening 51; engaging, by a portion of a lift arm, the lift opening such that the portion of the lift arm is received by the lift opening; lifting the exhaust aftertreatment system 1, by the portion of the lift arm received by the lift opening; and coupling the exhaust aftertreatment system to the engine by a connecting bracket (figures 1, 5, show the connection between the bracket and turbine housing 4 that forms a connecting bracket) structured to receive the first fastener.
Regarding claim 2, Onodera clearly discloses a catalyst housing 13 configured to contain at least one catalyst.
Regarding claims 4, 12, figure 4 shows 3 openings 44.
Regarding claims 5, 15, 20, note turbochargers 3.
Regarding claims 6, figure 1 shows wherein the mounting bracket 33 is positioned at a first radial end of the end cap such that the lift portion is axially aligned with a center of gravity of the exhaust aftertreatment assembly.
Regarding claims 8-10, 14, Onodera discloses the first sensor port 49 for mounting a sensor (paragraph 26), said port disposed axially away from the mounting bracket, and wherein the lift portion extends axially towards the first sensor port and radially away from the end cap such that a gap is defined between the lift portion and the first sensor port.
Regarding claim 18, the connection of the lift opening can inherently be disengaged if needed.
35 USC 103 rejections
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 3, 13, 16, 19, are rejected under 35 U.S.C. § 103(a) as being unpatentable over EP 2042700 (Onodora). Onodora discloses all the claimed subject matter as set forth above in the rejection of claim 1, but does not disclose the specific dimensions in claims 3, 13, 19, and specific connection to cylinder head in claim 16. However, according to MPEP 2144.05, II. ROUTINE OPTIMIZATION, A) Optimization Within Prior Art Conditions or Through Routine Experimentation, note In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997); Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"); In re Williams, 36 F.2d 436, 438 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions."). See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007) (identifying "the need for caution in granting a patent based on the combination of elements found in the prior art."). The concept of changing dimensions and location in these claims involves only change of proportions of the materials, or the result of “routine optimization”. It would have been a “routine optimization” to one of ordinary skill in the art at the time the claimed invention was filed to elect the specific dimensions and location as claimed in Onodora for the purpose of connecting the exhaust treatment assembly with the engine that fits the selected dimension/location.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Thaler, Wikaryasz, Grimm, Layson, Davidson, and Shende disclose various types of mounting brackets for exhaust treatment assemblies.
Conclusions
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Examiner Nguyen whose telephone number is (571) 272-4861. The examiner can normally be reached on Monday--Thursday from 9:00 AM to 7:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi, can be reached on (571) 270-7878.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOANG M NGUYEN/Primary Examiner, Art Unit 3746
HOANG NGUYEN
PRIMARY EXAMINER
ART UNIT 3746
Hoang Minh Nguyen
8/25/2026
