DETAILED ACTION
The Amendment filed 6/8/2026 has been entered. Claims 19,21-38 remain pending in the application.
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 19,28,32-35 are rejected under 35 U.S.C. 103(a) as being unpatentable over ES2265372 to Pfalzgraf in view of 4463564 to McInerney.
As to claim 19, Pfalzgraf discloses An internal combustion engine comprising: a cylinder head with an exhaust manifold (inherent feature connected to exhaust manifold and disclosed of with engine; 14); a main outlet duct (12 through turbine 18a “B” passing 36 to 39) configured as a turbine housing to receive exhaust gas flow from the exhaust manifold (14) and supply exhaust gas to a main exhaust aftertreatment system having a main catalytic converter (28); a bypass passage (43,38) in fluid communication with the exhaust manifold via a bypass (“A”) port; a bypass catalytic converter (38) disposed within the bypass passage; and a dual-acting valve assembly (34, Fig 1) configured to move between a first position that seals the bypass port (34 left at “A”), and a second position (34 right at “B”) that seals a main exhaust outlet of the main outlet duct, wherein during cold start, long idle, and/or low main catalytic converter temperature conditions, the dual-active valve assembly is moved to the second position to direct exhaust flow through the bypass passage and the bypass catalytic converter to reduce emissions (Par 0003-0006, 0025).
While Pfalzgraf shows a space between main passage 24 and bypass passage 43 it does not expressly disclose a bypass port formed through an external wall of the turbine housing and wherein the bypass passage is an external conduit coupled to an outside of the turbine housing.
McInerney discloses how a space is formed at (84) and using a bypass port formed through an external wall of the turbine housing (22 as it connects to 48) and wherein the bypass passage is an external conduit coupled to an outside of the turbine housing (Fig 2).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include a bypass port formed through an external wall of the turbine housing and wherein the bypass passage is an external conduit coupled to an outside of the turbine housing such that a space is formed between 30 and 24 using the teachings of McInerney so as to assist in cooling the turbine housing to prevent heat degradation of the turbocharger.
As to claim 28, Pfalzgraf discloses the dual-acting valve assembly includes a single valve door (34) coupled to a valve shaft (32; Par 0018).
As to claim 32, Pfalzgraf discloses the bypass passage external conduit (cited in combination above) includes a first conduit (C1 below), a bypass catalyst conduit (C2 below), and a second conduit (C3, below), wherein the first conduit (C1) is fluidly coupled to the bypass port (at “A”) and configured to supply exhaust gas to the bypass catalyst conduit (C2), which includes the bypass catalytic converter (38), and wherein the second conduit (C3) is fluidly coupled between the bypass catalyst conduit and a bypass flow inlet (D, below) of the main exhaust aftertreatment system.
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As to claim 33, Pfalzgraf discloses the bypass flow inlet [of the main exhaust aftertreatment system] (D, above) is formed in a main exhaust conduit of the main exhaust aftertreatment system (36 to 18a to 24 to 28), and wherein the bypass flow inlet is located upstream of the main catalytic converter (D Above is upstream 28).
As to claim 34, Pfalzgraf discloses the bypass flow inlet (D below) is located downstream of a turbocharger outlet (Z, below).
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As to claim 35, Pfalzgraf discloses the bypass flow inlet (D above) is oriented to direct exhaust gas flow (Y above) onto an upstream face of the main catalytic converter (28) to hasten heating thereof (inherent result of direct flow of heated air onto catalyst).
Claims 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over by ES2265372 to Pfalzgraf as applied to claim 19 above in view of US Patent 11560832 to Albrecht.
As to claim 21, Pfalzgraf discloses a turbine (18a) with a main outlet passing through the active part of the turbine (Fig 1) but does not go into detail about its construction, and does not expressly disclose wherein the main outlet duct includes a turbine volute.
Albrecht discloses a similar turbine bypass setup where the main outlet (3 through 12 through 13 to “M”) includes a turbine volute (11).
At the time of invention, it would have been obvious to one of ordinary skill in the art for Pfalzgraf to include wherein the main outlet duct includes a turbine volute using the teachings of Albrecht so as to effectively supply pressurized air to the turbine while allowing the system to function with the bypass for efficient light off of the close coupled catalyst in the bypass using a known turbine construction.
As to claim 22, Pfalzgraf discloses the main outlet duct is a separate and distinct component configured to couple to the cylinder head (flange at 12).
As to claim 23, Pfalzgraf discloses the turbine housing is configured to house a turbine (Pfalzgraf :18a)( Albrecht:12), and wherein the bypass passage is configured to bypass the turbine (Pfalzgraf: Fig 1).
Claims 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over by ES2265372 to Pfalzgraf as applied to claim 19,36 above in view of US Patent 9506426 to Remes.
As to claim 24, Pfalzgraf discloses a turbine the main outlet duct includes a recessed first valve seat (X, below) formed around the bypass port, and second valve seat (Y, below) for the main outlet, and wherein in the first position, the dual-acting valve assembly is configured to seat within the recessed first valve seat to facilitate preventing obstruction of exhaust gas flow within the main outlet duct (Fig 1).
Pfalzgraf does not go into detail regarding the first and second recess and does not expressly disclose how they are recessed to facilitate flush arrangement of the valve, which is taught by Remes (Col 8, Line 49-58) with a similar flap valve in the exhaust.
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include how the turbine the main outlet duct includes a recessed first valve seat formed around the bypass port, and wherein in the first position, the dual-acting valve assembly is configured to seat flush within the recessed first valve seat to facilitate preventing obstruction of exhaust gas flow within the main outlet duct using the teachings of Remes to avoid disrupting the exhaust flow and create a tight seal for the valve preventing undesirable flow through the valve opening.
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As to claim 25, Pfalzgraf discloses the main outlet duct further includes a recessed second valve seat (Y, above) formed around the main exhaust outlet, and wherein in the second position, the dual-acting valve assembly is configured to seat within the recessed second valve seat to facilitate preventing obstruction of exhaust gas flow within the main outlet duct as it flows into the bypass passage (Fig 1; as best understood means flow through pipe 12 is unobstructed up to the valve B as it flows into bypass).
Pfalzgraf does not go into detail regarding the first and second recess and does not expressly disclose how they are recessed to facilitate flush arrangement of the valve, which is taught by Remes (Col 8, Line 49-58) with a similar flap valve in the exhaust.
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include how the main outlet duct further includes a recessed second valve seat formed around the main exhaust outlet, and wherein in the second position, the dual-acting valve assembly is configured to seat within the recessed second valve seat to facilitate preventing obstruction of exhaust gas flow within the bypass duct using the teachings of Remes to avoid disrupting the exhaust flow and create a tight seal for the valve preventing undesirable flow through the valve opening.
As to claim 26, Pfalzgraf discloses the dual-acting valve assembly includes a valve door (34) configured to seat within the first and second recessed valve seats (Fig 1, X, Y above)
As to claim 27, Pfalzgraf as modified above discloses the first and second valve seats are sized and shaped like the valve door (Pfalzgraf : Fig 1, X, Y above)( Remes: Col 8, Line 49-58; Fig 3a-3c).
Claims 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over by ES2265372 to Pfalzgraf as applied to claim 19 above in view of US Publication 20070089413 to Green.
As to claim 29, Pfalzgraf discloses an actuated shaft (32, Par 0018) , the valve shaft rotatable to move the valve door to the first position to seal the bypass port, and the second position to seal the main exhaust outlet (34, “A”, “B”) but does not expressly disclose the valve shaft is rotatably seated within a bore formed in the main outlet duct which is disclosed by Green (40, actuator arm 43, Fig 1-3).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include the valve shaft is rotatably seated within a bore formed in the main outlet duct with external actuator using the teachings of Green so as to effectively actuate the valve to the desired positions while allowing access to the actuating mechanism for maintenance and adjustment.
As to claim 30, Pfalzgraf discloses an actuator assembly operably coupled to the valve shaft to rotate the valve shaft within the bore (Pfalzgraf:33: Par 0018)(Green: 38,43,40).
As to claim 31, Pfalzgraf discloses comprising a turbocharger, wherein the actuator assembly is coupled to the turbocharger (Pfalzgraf:33: Par 0018)(Green: 38,43,40; Fig 1), and wherein an actuator link (43,40) is operably coupled between the actuator assembly and the valve shaft for selective rotation thereof
Claims 36-37 are rejected under 35 U.S.C. 103(a) as being unpatentable over ES2265372 to Pfalzgraf in view of 4463564 to McInerney.
As to claim 36, Pfalzgraf discloses An internal combustion engine comprising: a cylinder head with an exhaust manifold (inherent feature connected to exhaust manifold and disclosed of with engine; 14); a turbine housing configured to receive exhaust gas flow from the exhaust manifold and supply exhaust gas to a main exhaust aftertreatment system having a main catalytic converter (Fig 1, as shown and disclosed above); a bypass passage in fluid communication with the exhaust manifold via a bypass port formed in the turbine housing (34 to D above); a bypass catalytic converter (38) disposed within the bypass passage; and a dual-acting valve (34) assembly configured to move between a first position that seals the bypass port, and a second position that seals a turbine volute of the turbine housing (“A”,”B”), wherein during cold start, long idle, and/or low main catalytic converter temperature conditions, the dual-active valve assembly is moved to the second position to direct exhaust flow through the bypass passage and the bypass catalytic converter to reduce emissions (Par 0003-0006, 0025).
While Pfalzgraf shows a space between main passage 24 and bypass passage 43 it does not expressly disclose a bypass port formed through an external wall of the turbine housing and wherein the bypass passage is an external conduit coupled to an outside of the turbine housing. Further while Pfalzgraf discloses a turbine (18a) with a main outlet passing through the active part of the turbine (Fig 1) but does not go into detail about its construction, and does not expressly disclose wherein the main outlet duct includes a turbine volute.
Albrecht discloses a similar turbine bypass setup where the main outlet (3 through 12 through 13 to “M”) includes a turbine volute (11).
At the time of invention, it would have been obvious to one of ordinary skill in the art for Pfalzgraf to include wherein the main outlet duct includes a turbine volute using the teachings of Albrecht so as to effectively supply pressurized air to the turbine while allowing the system to function with the bypass for efficient light off of the close coupled catalyst in the bypass using a known turbine construction.
McInerney discloses how a space is formed at (84) and using a bypass port formed through an external wall of the turbine housing (22 as it connects to 48) and wherein the bypass passage is an external conduit coupled to an outside of the turbine housing (Fig 2).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include a bypass port formed through an external wall of the turbine housing and wherein the bypass passage is an external conduit coupled to an outside of the turbine housing such that a space is formed between 30 and 24 using the teachings of McInerney so as to assist in cooling the turbine housing to prevent heat degradation of the turbocharger.
As to claim 37, Pfalzgraf discloses the bypass passage is fluidly coupled between the turbine housing and a main exhaust conduit of the main exhaust aftertreatment system (Fig 1) such that the bypass passage is configured to bypass a turbocharger turbine (18a).
Claims 38 are rejected under 35 U.S.C. 103 as being unpatentable over by ES2265372 to Pfalzgraf as applied to claim 36 above in view of US Patent 9506426 to Remes.
As to claim 38, Pfalzgraf discloses the turbine housing includes a recessed first valve seat (X, above) formed around the bypass port, and a recessed second valve seat (Y above) formed around a main exhaust outlet of the turbine housing, wherein in the first position, the dual-acting valve assembly is configured to seat within the recessed first valve seat to facilitate preventing obstruction of exhaust gas flow within the turbine housing, wherein in the second position, the dual-acting valve assembly is configured to seat within the recessed second valve seat to facilitate preventing obstruction of exhaust gas flow within the turbine housing (Fig 1).
Pfalzgraf does not go into detail regarding the first and second recess and does not expressly disclose how they are recessed to facilitate flush arrangement of the valve, which is taught by Remes (Col 8, Line 49-58) with a similar flap valve in the exhaust.
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include howthe turbine housing includes a recessed first valve seat formed around the bypass port, and a recessed second valve seat formed around a main exhaust outlet of the turbine housing, wherein in the first position, the dual-acting valve assembly is configured to seat flush within the recessed first valve seat to facilitate preventing obstruction of exhaust gas flow within the turbine housing, wherein in the second position, the dual-acting valve assembly is configured to seat flush within the recessed second valve seat to facilitate preventing obstruction of exhaust gas flow within the turbine housing using the teachings of Remes to avoid disrupting the exhaust flow and create a tight seal for the valve preventing undesirable flow through the valve opening.
Claims 19,21-23,28,32-37 are rejected under 35 U.S.C. 103(a) as being unpatentable over ES2265372 to Pfalzgraf in view of US Publication 20120017587 to Yoshida.
As to claim 19, Pfalzgraf discloses An internal combustion engine comprising: a cylinder head with an exhaust manifold (inherent feature connected to exhaust manifold and disclosed of with engine; 14); a main outlet duct (12 through turbine 18a “B” passing 36 to 39) configured as a turbine housing to receive exhaust gas flow from the exhaust manifold (14) and supply exhaust gas to a main exhaust aftertreatment system having a main catalytic converter (28); a bypass passage (43,38) in fluid communication with the exhaust manifold via a bypass (“A”) port; a bypass catalytic converter (38) disposed within the bypass passage; and a dual-acting valve assembly (34, Fig 1) configured to move between a first position that seals the bypass port (34 left at “A”), and a second position (34 right at “B”) that seals a main exhaust outlet of the main outlet duct, wherein during cold start, long idle, and/or low main catalytic converter temperature conditions, the dual-active valve assembly is moved to the second position to direct exhaust flow through the bypass passage and the bypass catalytic converter to reduce emissions (Par 0003-0006, 0025).
While Pfalzgraf shows a space between main passage 24 and bypass passage 43 it does not expressly disclose a bypass port formed through an external wall of the turbine housing and wherein the bypass passage is an external conduit coupled to an outside of the turbine housing, or that it uses a volute turbine.
Yoshida discloses using a bypass port (at 26) formed through an external wall of the turbine housing (turbine housing shown as main pipe downstream of 29 through turbine 7b to pipe 21) and wherein the bypass passage is an external conduit (26) coupled to an outside of the turbine housing (Fig 1), and how the turbine is a volute turbine (7b).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include a volute turbine with a bypass port formed through an external wall of the turbine housing and wherein the bypass passage is an external conduit coupled to an outside of the turbine housing using the teachings of Yoshida as this would have been a mere replacement of parts with predictable results, replacing the turbine and bypass arrangement of Pfalzgraf with the equivalent one and valve from Yoshida allowing for an easier access to the catalyst, valve, and turbine as spaced components for replacement and service of parts.
As to claim 21, Pfalzgraf discloses wherein the main outlet duct includes a turbine volute Yoshida (at 7b as commonly known in the art).
As to claim 22, Pfalzgraf discloses the main outlet duct is a separate and distinct component configured to couple to the cylinder head (flange at 12).
As to claim 23, Pfalzgraf discloses the turbine housing is configured to house a turbine (Pfalzgraf :18a)(Yoshida: abs), and wherein the bypass passage is configured to bypass the turbine (Pfalzgraf: Fig 1)(Yoshida: Fig 1).
As to claim 28, Pfalzgraf discloses the dual-acting valve assembly includes a single valve door (34) coupled to a valve shaft (32; Par 0018) (Yoshida: 28).
As to claim 32, Pfalzgraf discloses the bypass passage external conduit (cited in combination above) includes a first conduit (C1 below)( Yoshida: upper: 26), a bypass catalyst conduit (C2 below)( Yoshida: 27), and a second conduit (C3, below)(Yoshida:26 lower), wherein the first conduit (C1) is fluidly coupled to the bypass port (at “A”) and configured to supply exhaust gas to the bypass catalyst conduit (C2), which includes the bypass catalytic converter (38)( Yoshida: Fig 1), and wherein the second conduit (C3) is fluidly coupled between the bypass catalyst conduit and a bypass flow inlet (D, below) of the main exhaust aftertreatment system (Yoshida: Fig 1).
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As to claim 33, Pfalzgraf discloses the bypass flow inlet [of the main exhaust aftertreatment system] (D, above) is formed in a main exhaust conduit of the main exhaust aftertreatment system (36 to 18a to 24 to 28), and wherein the bypass flow inlet is located upstream of the main catalytic converter (D Above is upstream 28)(Yoshida: Fig 1).
As to claim 34, Pfalzgraf discloses the bypass flow inlet (D below) is located downstream of a turbocharger outlet (Z, below) (Yoshida: Fig 1).
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As to claim 35, Pfalzgraf discloses the bypass flow inlet (D above) is oriented to direct exhaust gas flow (Y above) onto an upstream face of the main catalytic converter (28) to hasten heating thereof (inherent result of direct flow of heated air onto catalyst) (Yoshida: Fig 1).
As to claim 36, Pfalzgraf discloses An internal combustion engine comprising: a cylinder head with an exhaust manifold (inherent feature connected to exhaust manifold and disclosed of with engine; 14); a turbine housing configured to receive exhaust gas flow from the exhaust manifold and supply exhaust gas to a main exhaust aftertreatment system having a main catalytic converter (Fig 1, as shown and disclosed above); a bypass passage in fluid communication with the exhaust manifold via a bypass port formed in the turbine housing (34 to D above); a bypass catalytic converter (38) disposed within the bypass passage; and a dual-acting valve (34) assembly configured to move between a first position that seals the bypass port, and a second position that seals a turbine volute of the turbine housing (“A”,”B”), wherein during cold start, long idle, and/or low main catalytic converter temperature conditions, the dual-active valve assembly is moved to the second position to direct exhaust flow through the bypass passage and the bypass catalytic converter to reduce emissions (Par 0003-0006, 0025).
While Pfalzgraf shows a space between main passage 24 and bypass passage 43 it does not expressly disclose a bypass port formed through an external wall of the turbine housing and wherein the bypass passage is an external conduit coupled to an outside of the turbine housing, or that it uses a volute turbine.
Yoshida discloses using a bypass port (at 26) formed through an external wall of the turbine housing (turbine housing shown as main pipe downstream of 29 through turbine 7b to pipe 21) and wherein the bypass passage is an external conduit (26) coupled to an outside of the turbine housing (Fig 1), and how the turbine is a volute turbine (7b).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include a volute turbine with a bypass port formed through an external wall of the turbine housing and wherein the bypass passage is an external conduit coupled to an outside of the turbine housing using the teachings of Yoshida as this would have been a mere replacement of parts with predictable results, replacing the turbine and bypass arrangement of Pfalzgraf with the equivalent one and valve from Yoshida allowing for an easier access to the catalyst, valve, and turbine as spaced components for replacement and service of parts.
As to claim 37, Pfalzgraf discloses the bypass passage is fluidly coupled between the turbine housing and a main exhaust conduit of the main exhaust aftertreatment system (Fig 1) such that the bypass passage is configured to bypass a turbocharger turbine (18a).
Claims 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over by ES2265372 to Pfalzgraf as applied to claim 19,36 above in view of US Patent 9506426 to Remes.
As to claim 24, Pfalzgraf discloses a turbine the main outlet duct includes a recessed first valve seat (X, below) formed around the bypass port, and second valve seat (Y, below) for the main outlet, and wherein in the first position, the dual-acting valve assembly is configured to seat within the recessed first valve seat to facilitate preventing obstruction of exhaust gas flow within the main outlet duct (Fig 1).
Pfalzgraf does not go into detail regarding the first and second recess and does not expressly disclose how they are recessed to facilitate flush arrangement of the valve, which is taught by Remes (Col 8, Line 49-58) with a similar flap valve in the exhaust.
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include how the turbine the main outlet duct includes a recessed first valve seat formed around the bypass port, and wherein in the first position, the dual-acting valve assembly is configured to seat flush within the recessed first valve seat to facilitate preventing obstruction of exhaust gas flow within the main outlet duct using the teachings of Remes to avoid disrupting the exhaust flow and create a tight seal for the valve preventing undesirable flow through the valve opening.
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As to claim 25, Pfalzgraf discloses the main outlet duct further includes a recessed second valve seat (Y, above) formed around the main exhaust outlet, and wherein in the second position, the dual-acting valve assembly is configured to seat within the recessed second valve seat to facilitate preventing obstruction of exhaust gas flow within the main outlet duct as it flows into the bypass passage (Fig 1; as best understood means flow through pipe 12 is unobstructed up to the valve B as it flows into bypass).
Pfalzgraf does not go into detail regarding the first and second recess and does not expressly disclose how they are recessed to facilitate flush arrangement of the valve, which is taught by Remes (Col 8, Line 49-58) with a similar flap valve in the exhaust.
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include how the main outlet duct further includes a recessed second valve seat formed around the main exhaust outlet, and wherein in the second position, the dual-acting valve assembly is configured to seat within the recessed second valve seat to facilitate preventing obstruction of exhaust gas flow within the bypass duct using the teachings of Remes to avoid disrupting the exhaust flow and create a tight seal for the valve preventing undesirable flow through the valve opening.
As to claim 26, Pfalzgraf discloses the dual-acting valve assembly includes a valve door (34) configured to seat within the first and second recessed valve seats (Fig 1, X, Y above)
As to claim 27, Pfalzgraf as modified above discloses the first and second valve seats are sized and shaped like the valve door (Pfalzgraf : Fig 1, X, Y above)( Remes: Col 8, Line 49-58; Fig 3a-3c).
Claims 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over by ES2265372 to Pfalzgraf as applied to claim 19 above in view of US Publication 20070089413 to Green.
As to claim 29, Pfalzgraf discloses an actuated shaft (32, Par 0018) , the valve shaft rotatable to move the valve door to the first position to seal the bypass port, and the second position to seal the main exhaust outlet (34, “A”, “B”) but does not expressly disclose the valve shaft is rotatably seated within a bore formed in the main outlet duct which is disclosed by Green (40, actuator arm 43, Fig 1-3).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include the valve shaft is rotatably seated within a bore formed in the main outlet duct with external actuator using the teachings of Green so as to effectively actuate the valve to the desired positions while allowing access to the actuating mechanism for maintenance and adjustment.
As to claim 30, Pfalzgraf discloses an actuator assembly operably coupled to the valve shaft to rotate the valve shaft within the bore (Pfalzgraf:33: Par 0018)(Green: 38,43,40).
As to claim 31, Pfalzgraf discloses comprising a turbocharger, wherein the actuator assembly is coupled to the turbocharger (Pfalzgraf:33: Par 0018)(Green: 38,43,40; Fig 1), and wherein an actuator link (43,40) is operably coupled between the actuator assembly and the valve shaft for selective rotation thereof
Claims 38 are rejected under 35 U.S.C. 103 as being unpatentable over by ES2265372 to Pfalzgraf as applied to claim 36 above in view of US Patent 9506426 to Remes.
As to claim 38, Pfalzgraf discloses the turbine housing includes a recessed first valve seat (X, above) formed around the bypass port, and a recessed second valve seat (Y above) formed around a main exhaust outlet of the turbine housing, wherein in the first position, the dual-acting valve assembly is configured to seat within the recessed first valve seat to facilitate preventing obstruction of exhaust gas flow within the turbine housing, wherein in the second position, the dual-acting valve assembly is configured to seat within the recessed second valve seat to facilitate preventing obstruction of exhaust gas flow within the turbine housing (Fig 1).
Pfalzgraf does not go into detail regarding the first and second recess and does not expressly disclose how they are recessed to facilitate flush arrangement of the valve, which is taught by Remes (Col 8, Line 49-58) with a similar flap valve in the exhaust.
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Pfalzgraf to include howthe turbine housing includes a recessed first valve seat formed around the bypass port, and a recessed second valve seat formed around a main exhaust outlet of the turbine housing, wherein in the first position, the dual-acting valve assembly is configured to seat flush within the recessed first valve seat to facilitate preventing obstruction of exhaust gas flow within the turbine housing, wherein in the second position, the dual-acting valve assembly is configured to seat flush within the recessed second valve seat to facilitate preventing obstruction of exhaust gas flow within the turbine housing using the teachings of Remes to avoid disrupting the exhaust flow and create a tight seal for the valve preventing undesirable flow through the valve opening.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection necessitated by amendment.
The terminal disclaimer is acknowledged.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 JESSE SAMUEL BOGUE whose telephone number is (571)270-1406. The examiner can normally be reached M-F 8:00-5:00.
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JESSE SAMUEL. BOGUE
Examiner
Art Unit 3748
/JESSE S BOGUE/Primary Examiner, Art Unit 3746
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