DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 4 is objected to because of the following informalities: Claim 4 recites “a first blow by filter of the first cylinder bank and a second blow-by filter of the second cylinder bank, wherein the first blow-by filter is positioned on a second side of the first cylinder bank with respect to the axial direction and the second blow-by filter is positioned on an opposing, first side of the second cylinder bank with respect to the axial direction” where in claim 1 it is recited “wherein the first charge air cooler is positioned on a first side of the first cylinder bank with respect to the axial direction and the second charge air cooler is positioned on an opposing, second side of the second cylinder bank with respect to the axial direction.” From the Specification it is understood that these first and second sides are the same between Claim 1 and 4. As such Claim 4 should be amended to state “a first blow by filter of the first cylinder bank and a second blow-by filter of the second cylinder bank, wherein the first blow-by filter is positioned on the]] second side of the first cylinder bank with respect to the axial direction and the second blow-by filter is positioned on the]] opposing, first side of the second cylinder bank with respect to the axial direction Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12,13 recites the limitation "the high pressure side". There is insufficient antecedent basis for this limitation in the claim.
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 1-3,7,9-12,14-15 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Publication 20020056444 to Chou.
As to claim 1, Chou discloses a V-type internal combustion engine (Abs, Fig 1) comprising a first cylinder bank and a second cylinder bank (left right Fig 1), each cylinder bank comprising a plurality of cylinders arranged in an axial direction of the V-type internal combustion engine, a first turbocharger arrangement (51 A for HP Fig 2,4; alt 52A for LP Fig 3,4) for providing charged air to the first cylinder bank (right Fig 2,3; bottom Fig 4) and a second turbocharger arrangement (51 d for HP Fig 2,4; alt 52D for LP Fig 3,4) for providing charged air to the second cylinder bank (left Fig 2,3; top Fig 4), the first turbocharger arrangement comprising at least one turbocharger and a first charge air cooler (51 A to 62 for HP Fig 2,4; alt 52A to 63A for LP Fig 3,4), and the second turbocharger arrangement comprising at least one turbocharger and a second charge air cooler (51 d to 62 top fig 4 for HP Fig 2,4; alt 52D to 63B for LP Fig 3,4), wherein the first charge air cooler is positioned on a first side of the first cylinder bank (62 top right Fig 4 for HP; Alt 63B) with respect to the axial direction and the second charge air cooler is positioned on an opposing, second side of the second cylinder bank with respect to the axial direction (62 bottom left for HP, alt 63A for LP).
As to claim 2, Chou discloses a first charge air piping arrangement connecting the at least one turbocharger of the first turbocharger arrangement to the first charge air cooler (Fig 2-4) and a second charge air piping arrangement connecting the at least one turbocharger of the second turbocharger arrangement to the second charge air cooler (Fig 2-4), wherein the direction of charged air flow from the at least one turbocharger of the first turbocharger arrangement to the first charge air cooler is opposite to the direction of charged air flow from the at least one turbocharger of the second turbocharger arrangement to the second charge air cooler (For HP piping, as seen Fig 4, the piping is opposite in a direction perpendicular to the engine central axis, for LP piping as seen Fig 4 the direction is opposite along the direction of the central axis of the engine).
As to claim 3, Chou discloses a first charge air manifold connecting the first charge air cooler with the cylinders of the first cylinder bank and a second charge manifold connecting the second charge air cooler with the cylinders of the second cylinder bank, wherein the direction of charged air flow from the first charge air cooler to the cylinders of the first cylinder bank is opposite to the direction of charged air flow from the second charge air cooler to the cylinders of the second cylinder bank (First and second direction from the HP cooler is best seen Fig 1 where from 62 the air is seen as going opposite directions at 60 respectively left and right bank, ie both flowing toward the central axis; For the LP cooler at the position exiting the coolers 63B and 63A in Fig 4 the flow is opposite as it moves along the central axis inwards towards the center of the engine where the enter their respective HP Compressors before moving on to the cylinder banks, the airflow being opposite the full run from LP to engine as seen Fig 4).
As to claim 7, Chou discloses the same parts are used for at least some components of the first and second turbocharger arrangement
As to claim 9, Chou discloses comprising a cooling fluid pump for operating the first and second charge air coolers (Par 0063).
As to claim 10, Chou discloses comprising at least 12 cylinders (Par 0002).
As to claim 11, Chou discloses each turbocharger arrangement comprising at least two turbochargers (Fig 2,3,4).
As to claim 12, Chou (as best understood in light of 112 above) discloses wherein the first and the second turbocharger arrangement are fluidly separated on the high pressure side (Fig 2,4) and/or comprise the same number of turbochargers (Fig 4).
As to claim 14, Chou discloses the first and the second turbocharger arrangements are arranged on top of the first and second cylinder bank respectively (Fig 1-4).
As to claim 15, Chou discloses wherein the machine is a movable machine and the engine is used for propulsion of the movable machine or wherein the engine drives a generator (Par 0012).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) 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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 5,17 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 20020056444 to Chou as applied to claim 1,9 above in view of US Patent 10781743 to Uchibori.
As to claim 5, Chou is silent about the other components on the engine and does not expressly disclose the engine comprises a flywheel housing on the first axial side and an aggregate support on the second axial side.
Uchibori discloses the engine comprises a flywheel housing (7) on the first axial side and an aggregate support on the second axial side (bolting face for features 10,20,9).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Chou to include how the engine comprises a flywheel housing on the first axial side and an aggregate support on the second axial side using the teachings of Uchibori so as to store rotational energy while smoothing out power pulses from engine firings for consistent rotation, and to provide a mounting location for belts, cooling fans and other required components of the engine to facilitate power transfer while optimizing overall running capability.
As to claim 17, while Chou discloses a cooling pump (91) it is silent regarding its location, such as wherein the cooling fluid pump is arranged on the second axial side.
Uchibori discloses how coolant pumps are powered by belt rotation sourced from the engine (21, Fig 2), where to accommodate a belt and multiple power requirements such as fuel pump etc, the system is arranged with various offset devices (Fig 2).
At the time of invention, it would have been obvious to one of ordinary skill in the art for Chou to include wherein the cooling fluid pump is arranged on the second axial side using the teachings of Uchibori as the system of Chou is reversible, and thus the interpretation of claim 1 can have the first and second cylinder banks be reversed in interpretation, thus Uchibori is merely teaching to have the pump offset to one side to accommodate various devices, and as such it would be obvious wherein the cooling fluid pump is arranged on the second axial side (again as can be reversed in interpretation), so as to accommodated the devices necessary to power and draw power from the engine as needed and known in the art.
Claims 7-8,16 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 20020056444 to Chou as applied to claim 1.
As to claim 7, Chou discloses the same parts are used for at least some components of the first and second turbocharger arrangement (Par 0056). Further at the time of invention, it would have been obvious to one of ordinary skill in the art to have the same parts are used for at least some components of the first and second turbocharger arrangement as they are mere reversals of each other where certain components such as the turbochargers would be used in both locations to balance the power consumption, and identical piping could be utilized as they would fit on both sides.
As to claim 8, Chou discloses wherein the same parts are used for the exhaust gas manifold of the first and second cylinder bank (Par 0056).
Further at the time of invention, it would have been obvious to one of ordinary skill in the art to have the same parts are used for the exhaust gas manifold of the first and second cylinder bank as they are mere reversals of each other with no mounting criticality with equivalent mounting points as seen in the figures.
As to claim 16, Chou discloses (as discussed claim 7 above) wherein the same parts include at least one or more of the same charge air piping, charge air piping supports, turbochargers, charge air coolers and charge air manifolds (same numbered parts are interchangeable, Par 0056, such as feature 64, or coolers 62).
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 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent 10100786 to Bremmer.
As to claim 1, Bremmer discloses A V-type internal combustion engine (Abs) comprising a first cylinder bank and a second cylinder bank, each cylinder bank comprising a plurality of cylinders arranged in an axial direction of the V-type internal combustion engine (left and right Fig 6), a first turbocharger arrangement (34) for providing charged air to the first cylinder bank and a second turbocharger arrangement (36) for providing charged air to the second cylinder bank (Both turbochargers supply both cylinder banks via 44), the first turbocharger arrangement comprising at least one turbocharger and a first charge air cooler (16), and the second turbocharger arrangement comprising at least one turbocharger and a second charge air cooler (20), wherein the first charge air cooler is positioned on a first side of the first cylinder bank with respect to the axial direction and the second charge air cooler is positioned on an opposing, second side of the second cylinder bank with respect to the axial direction (16 it axially opposite 20 Fig 6).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) 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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 10,19-20 are rejected under 35 U.S.C. 103 as being unpatentable US Patent 10100786 to Bremmer.
As to claim 10, Bremmer discloses how the system can comprise any number of cylinders (Col 4, Line 20-26). At the time of invention, it would have been obvious to one of ordinary skill in the art for Bremmer to comprise at least 12 cylinders as this would have been a well known number of cylinders for engines in the field, and Bremmer discloses it can comprise any number which would include 12 (Fig 6 shows 16).
As to claim 19, Bremmer discloses how the system can comprise any number of cylinders (Col 4, Line 20-26). At the time of invention, it would have been obvious to one of ordinary skill in the art for Bremmer to comprise exactly 12 cylinders as this would have been a well known number of cylinders for engines in the field, and Bremmer discloses it can comprise any number which would include 12.
As to claim 20, Bremmer discloses how the system can comprise any number of cylinders (Col 4, Line 20-26). At the time of invention, it would have been obvious to one of ordinary skill in the art for Bremmer to comprise exactly 16 or 20 cylinders as this would have been a well known number of cylinders for engines in the field, and Bremmer discloses it can comprise any number which would include 16 or 20 (Fig 6 shows 16).
Allowable Subject Matter
Claim 4,6,18 is 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 overcoming any 112 issues or claim language objections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE SAMUEL BOGUE whose telephone number is (571)270-1406. The examiner can normally be reached on M-F 8:00-5:00.
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.
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.
/JESSE S BOGUE/Primary Examiner, Art Unit 3746