DETAILED ACTION
Receipt and entry of Applicant’s Preliminary Amendment dated March 19, 2025 is acknowledged.
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.
Claims 1-11, and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Nieuwstadt et al. (Van Nieuwstadt) (Patent/Publication Number US 2022/0049636).
Regarding claims 1 and 35, Van Nieuwstadt discloses an exhaust system (89) and method for receiving exhaust gas from an internal combustion engine (10) (e.g. See Paragraphs [0019]), the exhaust system comprising: a turbine (162, 164) configured to receive exhaust gas from the internal combustion engine (e.g. See Paragraphs [0014-0015]), the turbine comprising a turbine wheel (166) configured to extract energy from the exhaust gas (e.g. See Paragraphs [0015]); a dosing module (142) configured to deliver an aftertreatment fluid (26) to the exhaust gas at a position downstream of the turbine wheel (166) (e.g. See Paragraphs [0019]) (e.g. See Paragraphs [0019] Exhaust system 89 also includes a temperature sensor 140 and an oxygen sensor 141 that are positioned upstream of injector 142 according to the direction of exhaust flow. Exhaust system 89 also includes a downstream oxygen sensor 143, a first downstream temperature sensor 144, and a second downstream temperature sensor 145. Injector may inject a reductant (e.g., diesel fuel) from tank 26. An exhaust gas air-fuel ratio differential may be determined across injector 142 by subtracting an air-fuel ratio sensed via oxygen sensor 141 from an air-fuel ratio sensed by oxygen sensor 143. ....); at least one of: a variable geometry mechanism (78) configured to control the flow of exhaust gas delivered to the turbine wheel (e.g. See Paragraphs [0015]); and a bypass control valve (79) configured to bypass a portion of the exhaust gas from a position upstream of the turbine wheel to a position downstream of the turbine wheel (e.g. See Paragraphs [0015] Compressor speed may be adjusted via adjusting a position of turbine variable vane control actuator 78 or compressor recirculation valve 158. In alternative examples, a waste gate 79 may replace or be used in addition to turbine variable vane control actuator 78. Turbine variable vane control actuator 78 adjusts a position of variable geometry turbine vanes 166. Exhaust gases can pass through turbine 164 supplying little energy to rotate turbine 164 when vanes are in an open position. Exhaust gases can pass through turbine 164 and impart increased force on turbine 164 when vanes are in a closed position. Alternatively, wastegate 79 or a bypass valve may allow exhaust gases to flow around turbine 164 so as to reduce the amount of energy supplied to the turbine. ....); and a controller (12) configured to: determine a current property of the exhaust gas (140, 141, 143, 144, 146) at a position downstream of the turbine wheel (e.g. See Paragraphs [0019, 0021]); determine a difference (M1, M2, M3, thr1, thr2, thr3) between the current property of the exhaust gas (as such, “the plurality of metrics including an oxygen concentration difference and a temperature difference across an emissions device”) at the position downstream of the turbine wheel and a reference property of the exhaust gas at the position downstream of the turbine wheel (e.g. See Paragraphs [0042-0046, 0050-0051]); and in response to the difference, adjust the at least one of the variable geometry mechanism and the bypass control valve (as such, “a function of exhaust flow rate”) (e.g. See Paragraphs [0042-0046]).
Regarding claim 2, Van Nieuwstadt further discloses wherein determining the current property comprises: measuring a quantity of one or more properties (as such, exhaust flow rate, ambient pressure, ambient temperature, and exhaust feed gas temperature) of an internal combustion engine system in which the exhaust system is incorporated (e.g. See Paragraphs [0042-0046]); processing the measured quantity or quantities in a computational operation (e.g. See Paragraphs [0042-0046]); and inferring the current property of the exhaust gas from the computational operation (e.g. See Paragraphs [0042-0046, 0050-0051]).
Regarding claim 3, Van Nieuwstadt further discloses wherein measuring the one or more properties of the exhaust gas comprises measuring one or more of: a turbine inlet pressure (122) (e.g. See Paragraphs [0021]); a turbine inlet temperature; a turbine outlet pressure; a turbine outlet temperature (140); an engine speed (118, RPM) (e.g. See Paragraphs [0015, 0021]); a throttle position (62); an engine air mass flow rate (42); an engine inlet pressure (121); an engine inlet temperature; a NOx concentration (126); a catalyst gas temperature (91); an engine fuel flow rate (25), an engine air flow rate, an engine boost pressure (122), an engine load, an engine cylinder temperature, an engine cylinder pressure (67), an engine fuel pressure, or a turbine rotational speed (e.g. See Paragraphs [013-0014, 0017, 0019, 0021]).
Regarding claim 4, Van Nieuwstadt further discloses wherein the current property of the exhaust gas comprises a current temperature profile of the exhaust gas and the reference property of the exhaust gas comprises a reference temperature profile of the exhaust gas (e.g. See Paragraphs [0019] ..... A temperature differential across DEC 73 may be determined by subtracting a temperature observed by temperature sensor 144 from a temperature observed by temperature sensor 140. In addition, a temperature differential across DEC 73 and DPF 86 may be determined by subtracting a temperature observed by temperature sensor 145 from a temperature observed by temperature sensor 140.) (e.g. See Paragraphs [0019, 0024, 0038-0039]).
Regarding claim 5, Van Nieuwstadt further discloses wherein the current temperature profile of the exhaust gas is determined based upon one or more of: a current NOx reduction amount across one or more catalytic converters; an inlet exhaust gas temperature of an aftertreatment device (e.g. See Paragraphs [0019, 0024]); an outlet exhaust gas temperature of an aftertreatment device (e.g. See Paragraphs [0027-0028, 0035]); a temperature of exhaust gas within an aftertreatment device; and an excess energy ratio (EER) (e.g. See Paragraphs [0019, 0024, 0027-0028, 0035]).
Regarding claim 6, Van Nieuwstadt further discloses wherein if a rate of decomposition of aftertreatment fluid droplets in the flow of exhaust gas and/or if a start-up time of the aftertreatment device falls outside of an acceptable range (e.g. See Paragraphs [0049] At 316, method 300 provides an indication of release of reductant from the injector of the exhaust system. Method 300 may display a message to vehicle occupants via a human/machine interface. In some examples, method 300 may transmit an indication of release of reductant to a remote device. In addition, method 300 may adjust vehicle operating conditions in response to an indication of release of reductant from the injector. For example, method 300 may advance timing of fuel that is injected into the engine to reduce engine feed gas temperatures. ....) (e.g. See Paragraphs [0049-0051]), the at least one of the variable geometry mechanism (78) and the bypass control valve (79) is adjusted to increase a temperature of the exhaust gas at the core of the exhaust gas flow (e.g. See Paragraphs [0015, 0049-0051]).
Regarding claim 7, Van Nieuwstadt further discloses wherein if a risk of deposit build-up falls outside of an acceptable range, the at least one of the variable geometry mechanism (78) and the bypass control valve (79) is adjusted to increase a temperature of the exhaust gas at a periphery of the exhaust gas flow (e.g. See Paragraphs [0038-0041]).
Regarding claim 8, Van Nieuwstadt further discloses wherein the current property of the exhaust gas comprises a current velocity profile of the exhaust gas and the reference property of the exhaust gas comprises a reference velocity profile of the exhaust gas (e.g. See Paragraphs [0045] At 314, method 300 judges whether or not reductant release is to be indicated based on the metrics determined at 312. In one example, method 300 may judge if release of reductant is present according to the following assessment: If M1>thr1 AND M2>thr2 AND M3>thr3, then release of reductant may be indicated, where AND is a logical “and” operation, thr1 is a first threshold that may be a function of exhaust flow rate, ambient pressure, ambient temperature, and exhaust feed gas temperature; thr2 is a second threshold that may be a function of exhaust flow, ambient pressure, ambient temperature, and exhaust feed gas temperature; thr3 is a third threshold that may be a function of exhaust flow, ambient pressure, ambient temperature, and exhaust feed gas temperature. ....) (e.g. See Paragraphs [0024, 0038, 0045-0046]).
Regarding claim 9, Van Nieuwstadt further discloses wherein determining the current property of the exhaust gas is based upon one or more of: a pressure ratio across the turbine; a turbine inlet pressure; a turbine outlet pressure; turbine inlet temperature, a turbine outlet temperature, turbine rotational speed, and an engine mass flow rate (e.g. See Paragraphs [013-0014, 0017, 0019, 0021]).
Regarding claim 10, Van Nieuwstadt further discloses, wherein if a risk of deposit build-up falls outside of an acceptable range, the at least one of the variable geometry mechanism and the bypass control valve is adjusted to vary the velocity profile at the position downstream of the turbine wheel (e.g. See Paragraphs [0041] At 308, method 300 judges if an amount of carbonaceous soot stored in the DPF is less than a threshold amount. Method 300 may judge an amount of soot that is held in the DPF based on a pressure drop across the DPF and an exhaust flow rate through the DPF. If method 300 judges that the amount of soot stored in the DPF is less than a threshold, the answer is yes and method 300 proceeds to 310. Otherwise, the answer is no and method 300 returns to 308.) (e.g. See Paragraphs [0038-0041]).
Regarding claim 11, Van Nieuwstadt further discloses the position downstream of the turbine wheel (166) is: i) a location of the dosing module (142), or ii) downstream of the dosing module (e.g. See Paragraphs [0019]).
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 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Van Nieuwstadt et al. (Van Nieuwstadt) (Patent/Publication Number US 2022/0049636) in view of design choice.
Regarding claim 31, Van Nieuwstadt discloses method of operating an exhaust system (89) for receiving and treating exhaust gas from an internal combustion engine (10) (e.g. See Paragraphs [0019]), the exhaust system comprising: a turbine (162, 164) configured to receive exhaust gas from the internal combustion engine (e.g. See Paragraphs [0014-0015]), the turbine comprising a turbine wheel (166) configured to extract energy from the exhaust gas (e.g. See Paragraphs [0015]); a dosing module (142) configured to deliver an aftertreatment fluid (26) to the exhaust gas at a position downstream of the turbine wheel (166) (e.g. See Paragraphs [0019]) (e.g. See Paragraphs [0019] Exhaust system 89 also includes a temperature sensor 140 and an oxygen sensor 141 that are positioned upstream of injector 142 according to the direction of exhaust flow. Exhaust system 89 also includes a downstream oxygen sensor 143, a first downstream temperature sensor 144, and a second downstream temperature sensor 145. Injector may inject a reductant (e.g., diesel fuel) from tank 26. An exhaust gas air-fuel ratio differential may be determined across injector 142 by subtracting an air-fuel ratio sensed via oxygen sensor 141 from an air-fuel ratio sensed by oxygen sensor 143. ....); at least one of: a variable geometry mechanism (78) configured to control the flow of exhaust gas delivered to the turbine wheel (e.g. See Paragraphs [0015]); and a bypass control valve (79) configured to bypass a portion of the exhaust gas from a position upstream of the turbine wheel to a position downstream of the turbine wheel (e.g. See Paragraphs [0015] Compressor speed may be adjusted via adjusting a position of turbine variable vane control actuator 78 or compressor recirculation valve 158. In alternative examples, a waste gate 79 may replace or be used in addition to turbine variable vane control actuator 78. Turbine variable vane control actuator 78 adjusts a position of variable geometry turbine vanes 166. Exhaust gases can pass through turbine 164 supplying little energy to rotate turbine 164 when vanes are in an open position. Exhaust gases can pass through turbine 164 and impart increased force on turbine 164 when vanes are in a closed position. Alternatively, wastegate 79 or a bypass valve may allow exhaust gases to flow around turbine 164 so as to reduce the amount of energy supplied to the turbine. ....); an aftertreatment device (71, 73, 86) located downstream of the turbine and configured to receive, and treat, exhaust gas from the turbine (e.g. See Paragraphs [0018]); and a controller (12) configured to: determine a current property of the exhaust gas (140, 141, 143, 144, 146) at a position downstream of the turbine wheel (e.g. See Paragraphs [0019, 0021]); determine a difference (M1, M2, M3, thr1, thr2, thr3) between the current property of the exhaust gas (as such, “the plurality of metrics including an oxygen concentration difference and a temperature difference across an emissions device”) at the position downstream of the turbine wheel and a reference property of the exhaust gas at the position downstream of the turbine wheel (e.g. See Paragraphs [0042-0046, 0050-0051]); and in response to the difference, adjust the at least one of the variable geometry mechanism and the bypass control valve (as such, “a function of exhaust flow rate”) (e.g. See Paragraphs [0042-0046]). However, Van Nieuwstadt fails to disclose the dosing module is located within around 10 exducer diameters.
Regarding the specific range of location of the dosing module, it is the examiner’s position that a location within around 10 exducer diameters of the dosing module, would have been an obvious matter of design choice well within the level of ordinary skill in the art, depending on variables such as mass flow rate of the exhaust gas, as well as the size of the engine and exhaust system, properties of materials for making the aftertreatment system, and the controlled temperature of the catalytic converter system. Moreover, there is nothing in the record which establishes that the claimed parameters present a novel or unexpected result, and such modification, i.e. choosing from a finite number of predictable solutions, is not of innovation but of ordinary skill and common sense. (See KSR International Co. v. Teleflex Inc., 550 U.S.--, 82 USPQ2d 1385 (April 30, 2007)).
Under some circumstances, however, changes such as these may impart patentability to a process if the particular ranges claimed produce a new and unexpected result which is different in kind and not merely in degree from the results of the prior art. In re Dreyfus, 22 CCPA (Patents) 830, 73 F.2d 931, 24 USPQ 52; In re Waite et al., 35 CCPA (Patents) 1117, 168 F.2d 104, 77 USPQ 586. Such ranges are termed "critical" ranges, and the applicant has the burden of proving such criticality. In re Swenson et al., 30 CCPA (Patents) 809, 132 F.2d 1020, 56 USPQ 372; In re Scherl, 33 CCPA (Patents) 1193, 156 F.2d 72, 70 USPQ 204. However, even though applicant's modification results in great improvement and utility over the prior art, it may still not be patentable if the modification was within the capabilities of one skilled in the art. In re Sola, 22 CCPA (Patents) 1313, 77 F.2d 627, 25 USPQ 433; In re Normann et al., 32 CCPA (Patents) 1248, 150 F.2d 627, 66 USPQ 308; In re Irmscher, 32 CCPA (Patents) 1259, 150 F.2d 705, 66 USPQ 314. More particularly, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Swain et al., 33 CCPA (Patents) 1250, 156 F.2d 239, 70 USPQ 412; Minnesota Mining and Mfg. Co. v. Coe, 69 App. D.C. 217, 99 F.2d 986, 38 USPQ 213; Allen et al. v. Coe, 77 App. D.C. 324, 135 F.2d 11, 57 USPQ 136.
Regarding claims 32, Van Nieuwstadt further discloses wherein determining a current property of the aftertreatment device comprises determining a temperature of the aftertreatment device (e.g. See Paragraphs [0019, 0024, 0028, 0035]).
Claims 75-76 are rejected under 35 U.S.C. 103 as being unpatentable over Van Nieuwstadt et al. (Van Nieuwstadt) (Patent/Publication Number US 2022/0049636) in view of Wade (Patent/Publication Number US 2015/0007563).
Regarding claim 75, Van Nieuwstadt discloses all the claimed limitation as discussed above except that the turbocharger system comprising: a bearing housing, the bearing housing being configured to support a shaft for rotation about an axis.
Wade teaches that it is conventional in the art, to use turbocharger system (60. 62, 160) comprising: a bearing housing, the bearing housing being configured to support a shaft (160) for rotation about an axis (e.g. See Paragraphs [0047] The systems depicted in FIGS. 1-4 may enable one or more systems. For example, a turbocharger system, comprising: a bearing housing including a turbine; at least one compressor coupled to the turbine via a shaft; and wherein the turbine comprises a stator stage and a rotor stage mounted to the cylinder head by the bearing housing and positioned in an exhaust passage of a cylinder head. ....) (See Paragraphs [0024, 0038, 0041, 0047]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, to use the turbocharger system comprising: a bearing housing, the bearing housing being configured to support a shaft for rotation about an axis of Van Nieuwstadt, as taught by Wade for the purpose of rotating the turbine and compressor, so as to increase compressor pressure of the combustion chamber, 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 76, Van Nieuwstadt further discloses wherein the turbocharger (162, 164) is configured to receive exhaust gas from the internal combustion engine (10) (See Paragraphs [0012, 0014-0015]).
Allowable Subject Matter
Claims 13-14, 16, 20, 23, and 28-30 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.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and consists of six patents:
Martin et al. (Pat./Pub. No. US 9862262), Kurtz et al. (Pat./Pub. No. US 2013/0261930), Wills et al. (Pat./Pub. No. US 2005/0287034), Upadhyay et al. (Pat./Pub. No. US 2018/0283248), Kelly et al. (Pat./Pub. No. US 2019/0032585), Klingbeil et al. (Pat./Pub. No. US 2023/0098292), and Martz et al. (Pat./Pub. No. US 11939900), 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.
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Binh Q. Tran
/BINH Q TRAN/
Primary Examiner, Art Unit 3748
February 20, 2026