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 .
DETAILED ACTION
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 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.
Response to Amendment
The Amendment filed 5/26/26 has been entered. Claims 1, 3, 9-10, 14, and 16-18 have been amended. Claims 1-20 remain pending in the application.
Applicant’s amendments to the Claims have overcome every objection previously set forth in the Non-Final Office Action mailed 3/26/26.
Response to Arguments
Applicant’s arguments regarding Ehlen (U.S. 3,842,955) as it pertains to amended claim 1 (see Remarks filed 5/26/26, Pages 8-10) have been fully considered and are persuasive. The rejection of claims 1-4 under 35 U.S.C. 102(a)(1) as being anticipated by Ehlen has been withdrawn.
Applicant’s arguments regarding Lin (U.S. 2005/0205355) as it pertains to amended claim 1 (see Remarks filed 5/26/26, Page 11) have been fully considered but are not found persuasive. Applicant argues Lin fails to disclose wherein the skirting flow path (i) is separated from the combustion gas flow path by at least one of the plurality of enclosure walls and (ii) is configured to direct air from the environment to the compartment portion of the exhaust vent “because Lin’s apertures 14 permit exhaust gas to flow directly into outer tube 2 (see Fig. 5), and any air drawn in is mixed with exhaust rather than directed to a separate compartment portion for heat reduction” (see Remarks filed 5/26/26, Page 11). The Examiner does not find this argument persuasive because Lin discloses wherein a skirting flow path (Modified Fig. 5 below - B)(i) is separated from a combustion gas flow path (Modified Fig. 5 below - A) by at least one (12) of a plurality of enclosure walls (33, 31, 32, 13, 12, 10)(see Modified Figs. 1(b) and 5 below) and (ii) is configured to direct air (A, air - Para 20) from the environment (Modified Fig. 1(b) below - O) to a compartment portion (Modified Fig. 1(b) below - H) of an exhaust vent (24)(see Modified Figs. 1(b) and 5 below). Regarding element (i), the separation of the combustion flow path (Modified Fig. 5 below - A) from the skirting flow path (Modified Fig. 5 below - B) by element 12 is especially apparent at the portion of element 12 which is upstream of elements 14. The Examiner notes that at currently written the limitation in question does not require there to be no combining of exhaust gas with drawn air as argued by Applicant, rather it is only required that there be a separation between the two flow paths by at least one of the enclosure walls which is disclosed by Lin as detailed below. Therefore, Applicant’s arguments regarding amended claim 1 and Lin are not found persuasive and Claim 1 remains rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin as detailed below.
Applicant appears to argue claims 5, and 17-20 are allowable for the same reasons as indicated above regarding claim 1 (see Remarks filed 5/26/26, Page 11). The Examiner does not find this argument persuasive for the same reasons as indicated above regarding claim 1.
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.
Claims 1, 4, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (U.S. 2005/0205355).
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Re claim 1:
Lin discloses a thermal management system (Figs. 1-5), comprising:
an exhaust enclosure (1, front tube - Para 15; 3, rear tube - Para 15), defining a combustion gas flow path (Modified Fig. 5 above - A (person having ordinary skill in the art would recognize element A as a type of combustion gas flow path)), configured to receive a combustion gas from a combustion engine (E, Para 20 - “…stream of exhaust from an operating internal combustion engine…”)(see Modified Fig. 5 above, Figs. 1-5, and Para 20), the exhaust enclosure (1, 3) enclosed from an environment (Modified Fig. 1(b) above - O (person having ordinary skill in the art would recognize element O as a type of environment)) by a plurality of enclosure walls (33, 31, 32, 13, 12, 10) extending from an exhaust portion (Modified Fig. 1(b) above - F (person having ordinary skill in the art would recognize element F as a type of exhaust portion of element 24)) of an exhaust vent (24, rear section - Para 18 (see Fig. 5))(see Modified Fig. 1(b) above); and
a plurality of skirting walls (23, 22, 20, 21), defining a skirting flow path (Modified Fig. 5 above - B (person having ordinary skill in the art would recognize element B as a type of skirting flow path))(see Modified Fig. 5 above), extending from a compartment portion (Modified Fig. 1(b) above - H (person having ordinary skill in the art would recognize element H as a type of compartment portion of element 24)) of the exhaust vent (24)(see Modified Figs. 1(b) and 5 above), and open to the environment (Modified Fig. 1(b) above - O) along a surface (at 21) opposite from the exhaust vent (24)(see Modified Figs. 1(b) and 5 above), the environment (Modified Fig. 1(b) above - O) fluidly coupled with the compartment portion (Modified Fig. 1(b) above - H) of the exhaust vent (24) through the skirting flow path (Modified Fig. 5 above - B)(see Modified Figs. 1(b) and 5 above), wherein the skirting flow path (Modified Fig. 5 above - B)(i) is separated from the combustion gas flow path (Modified Fig. 5 above - A) by at least one (12) of the plurality of enclosure walls (33, 31, 32, 13, 12, 10)(see Modified Figs. 1(b) and 5 above (separation of the combustion flow path (Modified Fig. 5 below - A) from the skirting flow path (Modified Fig. 5 below - B) by element 12 is especially apparent at the portion of element 12 which is upstream of elements 14)) and (ii) is configured to direct air (A, air - Para 20) from the environment (Modified Fig. 1(b) above - O) to the compartment portion (Modified Fig. 1(b) above - H) of the exhaust vent (24)(see Modified Figs. 1(b) and 5 above).
Re claim 4:
Lin discloses the thermal management system (Figs. 1-5) of claim 1 (as described above), wherein the exhaust portion (Modified Fig. 1(b) above - F) of the exhaust vent (24) and the compartment portion (Modified Fig. 1(b) above - H) of the exhaust vent (24) share a peripheral portion (Modified Fig. 1(b) above - P (person having ordinary skill in the art would recognize element P as type of peripheral portion))(see Modified Fig. 1(b) above).
Re claim 17:
Lin discloses a method of exhaust enclosure installation (see Figs. 1-5), comprising:
coupling an inlet (Modified Fig. 1(b) above - C (person having ordinary skill in the art would recognize element C as a type of exhaust inlet of element 13)) of an exhaust enclosure (1, front tube - Para 15; 3, rear tube - Para 15) with an exhaust system (see Modified Fig. 1(b) above, Fig. 5, and Para 20), the coupling configured to cause the exhaust enclosure (1, 3) to receive combustion gases from a combustion engine (E, Para 20 - “…stream of exhaust from an operating internal combustion engine…”)(see Figs. 1-5 and Para 20); and
inserting the exhaust enclosure (1, 3) into a wall (21, flared section - Para 18) of a compartment (Modified Fig. 1(b) above - M (person having ordinary skill in the art would recognize element M as a type of compartment)) configured to receive the exhaust enclosure (1, 3)(see Figs. 1-5),
wherein the exhaust enclosure (1, 3) comprises:
a plurality of enclosure walls (12, 13, 32, 31, 33) extending from an exhaust portion (Modified Fig. 1(b) above - F (person having ordinary skill in the art would recognize element F as a type of exhaust portion of element 24)) of an exhaust vent (24, rear section - Para 18 (see Fig. 5))(see Modified Fig. 1(b) above); and
a plurality of skirting walls (23, 22, 20, 21), defining a skirting flow path (Modified Fig. 5 above - B (person having ordinary skill in the art would recognize element B as a type of skirting flow path))(see Modified Fig. 5 above), extending from a compartment portion (Modified Fig. 1(b) above - H (person having ordinary skill in the art would recognize element H as a type of compartment portion of element 24)) of the exhaust vent (24)(see Modified Figs. 1(b) and 5 above), and open to an environment (Modified Fig. 1(b) above - O (person having ordinary skill in the art would recognize element O as a type of environment)) along a surface (at 21) opposite from the exhaust vent (24)(see Modified Figs. 1(b) and 5 above), the environment (Modified Fig. 1(b) above - O) fluidly coupled with the compartment portion (Modified Fig. 1(b) above - H) of the exhaust vent (24) through the skirting flow path (Modified Fig. 5 above - B)(see Modified Figs. 1(b) and 5 above), wherein the skirting flow path (Modified Fig. 5 above - B) is separated from a combustion gas flow path (Modified Fig. 5 above - A (person having ordinary skill in the art would recognize element A as a type of combustion gas flow path)) through the exhaust enclosure (1, 3) by the plurality of enclosure walls (23, 22, 20, 21)(see Modified Figs. 1(b) and 5 above (separation of the combustion flow path (Modified Fig. 5 below - A) from the skirting flow path (Modified Fig. 5 below - B) by element 12 is especially apparent at the portion of element 12 which is upstream of elements 14)).
Re claim 18:
Lin discloses the method (Figs. 1-5) of claim 17 (as described above), comprising:
coupling the inlet (Modified Fig. 1(b) above - C) as vertically aligned with a vertical stack portion (S, one end of a muffler - Para 16) of the exhaust system (see Modified Fig. 1(b) above), wherein the exhaust portion (Modified Fig. 1(b) above - F) of the exhaust vent (24) is perpendicular to the vertical alignment (see Modified Fig. 1(b) above (element F is shown extending in a perpendicular direction to the direction of element S)).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (U.S. 2005/0205355), as applied to claim 17 above, in view of Patil et al. (U.S. 2021/0404359)
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Re claim 19:
Lin discloses the method (Figs. 1-5) of claim 17 (as described above).
Lin further discloses installing an upper surface (see Fig. 1 at element 13) of an inlet diffuser (13, flared rear section - Para 16)(see Fig. 1).
Lin fails to disclose installing an upper surface of an inlet diffuser along a curvature of a locomotive engine compartment, wherein the exhaust portion of the exhaust enclosure protrudes above the locomotive engine compartment.
Patil teaches a method (Figs. 1-4B) installing an upper surface (Modified Fig. 4B above - A (person having ordinary skill in the art would recognize element A as a type of upper surface of element B)) of an inlet diffuser (Modified Fig. 4B above - B (person having ordinary skill in the art would recognize element B as a type of inlet diffuser)) along a curvature (Modified Fig. 4B above - C (person having ordinary skill in the art would recognize element C as a type of curvature of element 402)) of a locomotive engine compartment (402, locomotive frame - Para 36 (Para 36 - “…components may be coupled to the locomotive frame, such as components of an engine…”))(see Modified Fig. 4B above), wherein an exhaust portion (Modified Fig. 4B above - D (person having ordinary skill in the art would recognize a type of exhaust portion of element 210)) of an exhaust enclosure (210, exhaust stack - Para 32) protrudes above the locomotive engine compartment (402)(see Modified Fig. 4B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the method of Lin after that of Patil, thereby installing the upper surface of the inlet diffuser of Lin along a curvature of a locomotive engine as taught by Patil, for the advantage of being able to provide motive power to a vehicle (Patil; Para 31).
Claims 5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (U.S. 2005/0205355), as applied to claims 1 and 17 above, in view of Wanczura (DE102006037785)
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Re claim 5:
Lin discloses the thermal management system (Figs. 1-5) of claim 1 (as described above).
Lin fails to disclose the thermal management system further comprising a radiator to receive engine coolant from the combustion engine and sink heat from the engine coolant to air in the environment along a heat exchange surface of the radiator; and a fan to circulate the air between the heat exchange surface and the plurality of enclosure walls.
Wanczura teaches a thermal management system (Fig. 1) comprising a radiator (9, engine radiator - Para 33) to receive engine coolant (Para 33 - “…cooling water…”) from a combustion engine (5, diesel engine - Para 33) and sink heat from the engine coolant to air in an environment (Modified Fig. 1(c) above - B (person having ordinary skill in the art would recognize element B as a type of air in an environment)) along a heat exchange surface (Modified Fig. 1(c) above - C (person having ordinary skill in the art would recognize element C as a type of heat exchange surface of element 9)) of the radiator (9)(see Modified Fig. 1 above and Paras 33-35); and a fan (13, fan - Para 34) to circulate the air between the heat exchange surface and a plurality of enclosure walls (see Fig. 1 at element 18)(see Modified Fig. 1(c) above and Paras 33-35).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the thermal management system of Lin after that of Wanczura, thereby including a radiator to receive engine coolant from the combustion engine of Lin and sink heat from the engine coolant to air in the environment along a heat exchange surface of the radiator; and a fan to circulate the air between the heat exchange surface and the plurality of enclosure walls of Lin, all in the way taught by Wanczura, for the advantage of providing a fuel-powered rail vehicle (Wanczura; Para 1).
Re claim 20:
Lin discloses the method (Figs. 1-5) of claim 17 (as described above).
Lin fails to disclose coupling the inlet vertically above a radiator fan in a locomotive engine compartment.
Wanczura teaches coupling an inlet (Modified Fig. 1(c) above - A (person having ordinary skill in the art would recognize element A as a type of inlet)) vertically above a radiator fan (13, fan - Para 34) in a locomotive engine compartment (2, engine room - Para 29 (interpreted as extending between from elements 3 and 10 as shown in Fig. 1))(see Modified Fig. 1(c) above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the coupling of inlet of Lin after that of Wanczura, thereby coupling the inlet of Lin vertically above a radiator fan in a locomotive engine compartment as taught by Wanczura, for the advantage of providing a fuel-powered rail vehicle (Wanczura; Para 1).
Allowable Subject Matter
Claims 10-16 are allowed.
Claims 2-3, and 6-9 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 10-16 are allowed, and Claims 2-3 and 6-9 would be allowed primarily because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Additionally, the prior art of record does not teach “an outlet diffuser, comprising an outlet conical diffuser, extending perpendicular to and towards the exhaust vent” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 2-3.
Additionally, the prior art of record does not teach claimed details of the inlet diffuser and the outlet diffuser and “wherein the exhaust vent is coupled with the third surface and the fourth surface, the third surface and the fourth surface forming at least a portion of an outlet flow path to direct the combustion gas from the opening to the exhaust vent” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 6-9.
Additionally, the prior art of record does not teach claimed details of the inlet diffuser and the outlet diffuser and “the outlet diffuser defining an outlet flow path extending from the inlet flow path through the opening to an exhaust vent” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 10-16.
Therefore, the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by one or more references.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 Loren C Edwards whose telephone number is (571)272-7133. The examiner can normally be reached M-R 6AM-430PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached at (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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/LOREN C EDWARDS/Primary Examiner, Art Unit 3746 6/19/26
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