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 .
35 USC 112(b) rejections
Claims 14-15 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 14-15 are rejected because the metes and bounds of the claim cannot be ascertained because of the following reasons.
The phrase “an exhaust system” on line 1 of claim 14 and the phrase “an internal combustion engine” on line 1 of claim 15 are multiple inclusion of the same claimed element because “said” or “the” has not been used to refer to those elements after the first occurrence.
For examination purposes the offending limitations above will be interpreted to be the same elements with “said” or “the”.
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) 1-4, 11, 14-15 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by US 2020/0182121 (Zhang).
Regarding independent claim 1, Zhang discloses an exhaust system for an internal combustion engine 1, wherein the exhaust system comprises a turbine arrangement (turbine wheel 5) for a turbo device, the turbine arrangement 5 comprising a turbine housing (figure 1 shows the turbine wheel 5 inside a casing) and a turbine unit 5 arranged to rotate in the turbine housing, and wherein the exhaust system comprises a bypass channel 6 with an inlet opening arranged upstream of a turbine outlet of the turbine unit and an outlet opening arranged downstream of the turbine outlet (paragraph 121 discloses that channel 6 bypassing the turbine wheel 5), and wherein the exhaust system comprises a NOx sensor 8 configured to sense a NOx content of exhaust gas flowing through the bypass channel 6.
Regarding claim 2, Zhang discloses wherein the inlet opening of the bypass channel 6 is arranged on the turbine housing (figure 1).
Regarding claim 3, Zhang discloses wherein the turbine housing comprises a turbine inlet, and wherein the inlet opening of the bypass channel 6 is arranged on the turbine inlet of the turbine housing (figure 1 shows the connection between turbine inlet and the bypass channel 6).
Regarding claim 4, Zhang discloses wherein the turbine inlet comprises a turbine inlet scroll, and wherein the inlet opening of the bypass channel 6 is arranged on the turbine inlet scroll (figure 1).
Regarding claim 11, Zhang discloses wherein the outlet opening of the bypass channel 6 is arranged on the turbine housing.
Regarding claims 14-15, Zhang clearly discloses the exhaust system of an internal combustion engine of a vehicle.
Claim(s) 1-4, 6, 11-12, 14-15 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by US 2019/0010854 (Kimura).
Regarding independent claim 1, Kimura discloses an exhaust system for an internal combustion engine 1, wherein the exhaust system comprises a turbine arrangement 60a for a turbo device 6, the turbine arrangement comprising a turbine housing 60 and a turbine unit 60a arranged to rotate in the turbine housing, and wherein the exhaust system comprises a bypass channel 602 with an inlet opening arranged upstream of a turbine outlet of the turbine unit and an outlet opening arranged downstream of the turbine outlet 601 (figures 2A, 7A), and wherein the exhaust system comprises a NOx sensor (paragraph 59 discloses but the same crack or breakage may also occur in a sensor (e.g., an oxygen sensor, an NOx sensor, or the like) which has a sensor element composed of an oxygen ion conductive solid electrolyte, and a heater for raising the temperature of the sensor element. Accordingly, in case where such sensors as the oxygen sensor, the NOx sensor, etc., are arranged in the specific exhaust passage 5a, each of these sensors also corresponds to an exhaust gas sensor in the present disclosure) configured to sense a NOx content of exhaust gas flowing through the bypass channel 602.
Regarding claim 2, Kimura discloses wherein the inlet opening of the bypass channel 602 is arranged on the turbine housing 60.
Regarding claim 3, Kimura discloses wherein the turbine housing 60 comprises a turbine inlet, and wherein the inlet opening of the bypass channel 602 is arranged on the turbine inlet of the turbine housing.
Regarding claim 4, Kimura discloses wherein the turbine inlet comprises a turbine inlet scroll, and wherein the inlet opening of the bypass channel 602 is arranged on the turbine inlet scroll (figure 2A).
Regarding claim 6, Kimura discloses wherein the turbine housing 60 comprises a turbine shroud enclosing at least a portion of the turbine unit 60a, and wherein the inlet opening of the bypass channel 602 is arranged on the turbine shroud.
Regarding claim 11, Kimura discloses wherein the outlet opening of the bypass channel 602 is arranged on the turbine housing 60.
Regarding claim 12, Kimura discloses wherein the turbine housing 60 comprises a waste gate chamber with waste gate valve 603 configured to receive exhaust gas from a waste gate valve, and wherein the outlet opening is provided in a delimiting wall of the waste gate chamber.
Regarding claims 14-15, Kimura clearly discloses the exhaust system of an internal combustion engine of a vehicle.
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.
Claim 5 is rejected under 35 U.S.C. § 103 as being unpatentable over 2019/0010854 (Kimura) in view of US 2020/0040812 (Morita). Morita teaches all the claimed subject matter as set forth above in the rejection of claim 1, but still does not teach that wherein the turbine inlet comprises two turbine inlet scrolls, and wherein the bypass channel comprises two inlet openings each arranged on one of the two turbine inlet scrolls. Morita teaches in figure 2 a twin-scroll inlet with two inlet openings for two bypassing channels 42a, 42b. It would have been obvious at the time the invention was made to one of ordinary skill in the art at the time the claimed invention was filed to provide twin-scroll inlet in Kimura as taught by Morita for the purpose of obtaining appropriate fluid input based on the twin-scroll inlet.
Allowable Subject Matter and Reasons for Allowance
Claims 7-10, 13, 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.
In claim 7, the recitation of “wherein the turbine housing comprises a compartment at a second side of the turbine unit being opposite to the first side, and wherein the inlet opening of the bypass channel is fluidly connected to the compartment,”; in claim 8, the recitations of “wherein the bypass channel comprises a flow restriction portion having a smaller effective cross-sectional area than other portions of the bypass channel, and wherein the flow restriction portion is arranged in the bypass channel at a position upstream of the NOx sensor”; in claim 9, the recitations of “wherein the turbine arrangement comprises an exhaust additive dosing unit arranged to supply an exhaust additive inside the turbine outlet duct”; in claim 13, the recitations of “an exhaust throttle controllable to a closed state in which the exhaust throttle at least partially blocks flow of exhaust gas past the exhaust throttle, and wherein the outlet opening of the bypass channel is arranged downstream of the exhaust throttle”, as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 7-9, 13, are neither disclosed by a single prior art reference nor rendered obvious by a combination of prior art references. Thus, claims 7-9, 13 and their dependent claims are allowable.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Forslund, US 2019/0003366, Ulrey, Sun, and Wade disclose exhaust systems of ICE comprising bypass passages for turbines of turbochargers.
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
4/16/2026
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