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 .
Specification
The disclosure is objected to because of the following informalities: The Figures and various paragraphs refer to how the second valve seat 112 is used when the valve sits against it to “prevent obstruction of the bypass flow” as can be seen in Paragraph 0037, 0041 and claim 29 Fig 6 as compared to Figure 5. However the Specification in Paragraph 0006 states that the second valve seat is used to prevent obstruction of the exhaust gas flow within the main outlet duct, where this is incorrect as Par 0005 already discloses that it is the first valve seat that achieves this. This is supported by the figures and other portions of the specification (See Fig 5 where first valve seat is used with valve for unobstructed path through main duct, ie the turbine housing, and Fig 6 where the second seat is used to obstruct the main path and leave bypass unobstructed).
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1,2 of Patent 12331672. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the comparative table below:
Claim 1 of Instant Application
Claim 3 of 16/272,563
An internal combustion engine comprising: a cylinder head with an exhaust manifold; a main outlet duct 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; a bypass passage in fluid communication with the exhaust manifold via a bypass port formed in the main outlet duct;
a bypass catalytic converter disposed within the bypass passage; and a dual-acting valve assembly configured to move between a first position that seals the bypass port, and a second position 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
1. An internal combustion engine comprising: a cylinder head with an exhaust manifold configured to supply exhaust gas through a main exhaust outlet to a main exhaust aftertreatment system having a main catalytic converter, a main outlet duct configured to receive exhaust gas flow from the exhaust manifold and define the main exhaust outlet: a bypass passage in fluid communication with the exhaust manifold via a bypass port;
a bypass catalytic converter disposed within the bypass passage; and a dual-acting valve assembly configured to move between a first position that seals the bypass port, and a second position that seals the main exhaust outlet,
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, wherein 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; wherein the bypass passage is integrally formed within the cylinder head, and wherein the bypass catalytic converter is disposed within the bypass passage within the cylinder head.
2. The engine of claim 1, wherein the bypass port is formed in the main outlet duct.
As seen above, Claim 1,2 of the co-pending application recites the same features of Claim 1 of the present application. Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite the underlined components of the instant application.
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.
Claims 25,38 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. Clams 25, 38 recite “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 flush within the recessed second valve seat to facilitate preventing obstruction of exhaust gas flow within the main outlet duct” where the language presented appears incorrect. Par 0037, 0041 and Claim 29 and Claim 36 (from which claim 38 depends) of the present disclosure, discloses how when the valve is seated to the second seat then the main outlet duct is closed and the bypass port flow is prevented from being obstructed.
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 19-20,28,32-37 are rejected under 35 U.S.C. 102(a1) as being anticipated by ES2265372 to Pfalzgraf.
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 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 formed in the main outlet duct; 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).
As to claim 20, Pfalzgraf discloses the main outlet duct is a turbine housing (22).
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 is an external conduit (external to main conduit and external to turbine passage) comprising 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).
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).
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).
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 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 24-27,38 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 (in light of the 112 above and addressed in light of Paragraph 0037 of the Specification) 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 bypass 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 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).
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 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
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.
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/JESSE S BOGUE/Primary Examiner, Art Unit 3746