DETAILED ACTION
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 .
This non-final office action is responsive to Applicants' application filed on Date. Claims X-X are presented for examination and are pending for the reasons indicated herein below.
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.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-17 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17, respectively, of U.S. Patent No. US 12316201 B2. Although the conflicting claim is not identical, they are not patentably distinct from each other because due to a straightforward manipulation of wording as claim is anticipated by different order.
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 12-14, 17 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sarder et al. (US 20190353081 A1 and hereinafter as Sar)
Regarding claim 12. Sar teaches an electric generator system [fig 1-6] comprising: an electric generator [30] driven by an engine [132]; a muffler assembly [176] operatively connected to the engine; a dividing plate [352] positioned vertically between the engine and the muffler assembly; and an engine fan [146] driven by the engine and positioned to force air through the dividing plate.
Regarding claim 13. Sar teaches the generator system of claim 12 further comprising: an engine fan [320] inlet opening formed radially around the engine fan.
Regarding claim 14. Sar as modified teaches the generator system of claim 12 further comprising: an engine fan outlet opening formed through the dividing plate [opening guiding air from 320 to 34, fig 3].
Regarding claim 17. Sar teaches the generator system of claim 12 wherein: an engine fan outlet [see 34] opening and an engine fan inlet [see 320] opening which are positioned on opposite sides of the dividing plate.
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 of this title, 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.
Claims 1,4-7,9-11,15-16,18-20 rejected under 35 U.S.C. 103 as being unpatentable over Sarder et al. (US 20190353081 A1 and hereinafter as Sar) in view of Guo et al. (CN 208153122 U)
Regarding claim 1. Sar teaches an electric generator system [figs 1-6] comprising: an electric generator [30] positioned within a housing assembly [32]; an engine [132] positioned within the housing assembly and operatively coupled to the electric generator; a muffler assembly [176] positioned within the housing assembly; a dividing plate [352] positioned vertically between the engine and the muffler assembly. While Sar shows a muffler assembly portion [174] passing through the dividing plate [i.e. 352]. Sar does not explicitly mention using a muffler bellow.
Guo teaches a device [fig 4] comprising: a muffler bellow [1].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the features of Guo in order to provide mechanical flexibility, vibration isolation and thermal expansion control, which improves durability and reduces unwanted stresses on the system.
Regarding claim 4. Sar as modified teaches the generator system of claim 2 further comprising: an engine fan outlet [opening on plate makes an outlet, Sar] opening formed through the dividing plate.
Regarding claim 5. Sar as modified teaches the generator system of claim 1 further comprising: an engine fan outlet [opening for air flow from 320, Sar] opening positioned on the dividing plate.
Regarding claim 6. Sar as modified teaches the generator system of claim 1 further comprising: thermally insulating material positioned on the dividing plate [the bellow is a thermally insulating material, Guo].
Regarding claim 7. Sar as modified teaches the generator system of claim 1 wherein: an engine fan outlet opening and an engine fan inlet opening which are positioned on opposite sides of the dividing plate [right side of plate forms an inlet and left side of fig 6 forms an outlet for the airflow].
Regarding claim 9. Sar as modified teaches the generator system of claim 1 wherein:the muffler bellow connects between the muffler and the engine [Guo, shows suck connection].
Regarding claim 10. Sar as modified teaches the generator system of claim 1 further comprising: an inlet vent opening positioned on the housing [openings 80 for 320, Sar]; and wherein the engine fan draws ambient air into the housing through the inlet vent opening and into the engine fan inlet opening, exhausting the ambient air out of the engine fan outlet opening [¶51-¶52 Sar].
Regarding claim 11. Sar as modified teaches the generator system of claim 10 wherein: the engine fan outlet opening is positioned to force ambient air from the inlet vent over the muffler [see airflow in fig from inlet 320, Sar].
Regarding claim 15. Sar teaches the generator system of claim 12. While Sar shows a muffler assembly portion [174] passing through the dividing plate [i.e. 352]. Sar does not explicitly mention using a muffler bellow.
Guo teaches a device [fig 4] comprising: a muffler bellow [1].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the features of Guo in order to provide mechanical flexibility, vibration isolation and thermal expansion control, which improves durability and reduces unwanted stresses on the system.
Regarding claim 16. Sar teaches the generator system of claim 12 wherein: a muffler [176] extending from the muffler and passing horizontally through the dividing plate to connect with the engine. Sar does not explicitly mention using a muffler bellow.
Guo teaches a device [fig 4] comprising: a muffler bellow [1].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the features of Guo in order to provide mechanical flexibility, vibration isolation and thermal expansion control, which improves durability and reduces unwanted stresses on the system.
Regarding claim 18. Sar teaches an electric generator system [figs 1-6] comprising: an electric generator [30] driven by an engine [132]; a muffler assembly [176] operatively connected to the engine; a dividing plate [350] positioned vertically between the engine and the muffler assembly; an engine fan [146] driven by the engine and positioned to force air through the dividing plate.
While Sar teaches a device com a muffler [176] extending from the muffler and passing horizontally through the dividing plate to connect with the engine. Sar does not explicitly mention using a muffler bellow.
Guo teaches a device [fig 4] comprising: a muffler bellow [1].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the features of Guo in order to provide mechanical flexibility, vibration isolation and thermal expansion control, which improves durability and reduces unwanted stresses on the system.
Regarding claim 19. Sar as modified teaches the generator system of claim 18 further comprising: as plurality of engine fan inlet [see 80] openings formed radially around the engine fan.
Regarding claim 20. Sar as modified teaches the generator system of claim 18 further comprising: an engine fan outlet opening [see 34] and an engine fan inlet [see 320] opening which are positioned on opposite sides of the dividing plate.
Claims 2-3 rejected under 35 U.S.C. 103 as being unpatentable over Sarder et al. (US 20190353081 A1 and hereinafter as Sar) in view of Guo et al. (CN 208153122 U) and further in view of Turner et al. (US 6784574 B2)
Regarding claim 2. Sar as modified teaches the generator system of claim 1. However, Sar as modified does not explicitly mention a device further comprising: an engine fan positioned between the engine and the dividing plate.
Turner teaches a device further comprising: an engine fan [fig 1, 122] positioned between the engine [50] and the dividing plate [40].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the features of Turner in order to provide a configuration that can remove trapped radiant heat between engine and muffler.
Regarding claim 3. Sar as modified teaches the generator system of claim 2 further comprising: an engine fan inlet opening formed radially around the engine fan [see 320, Sar].
Claim 8 rejected under 35 U.S.C. 103 as being unpatentable over Sarder et al. (US 20190353081 A1 and hereinafter as Sar) in view of Guo et al. (CN 208153122 U) in view of Sodemann et al. (US 7314397 B2)
Regarding claim 8. Sar as modified teaches the generator system of claim 1.
However, Sar as modified does not explicitly mention a device wherein: the dividing plate is sized and positioned to be flush with corresponding interior surfaces of the housing.
Sodemann teaches a device wherein: the dividing plate is sized and positioned to be flush with corresponding interior surfaces of the housing [115, fig 4].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the features of Sodemann in order to provide a better predictable pressure differential, reduces turbulence and prevent recirculation pockets.
Examiner Note
The examiner cites particular columns and lines numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bryan Perez whose telephone number is (571)272-8837. The examiner can normally be reached on Mon.-Fri. (7:30 – 5:00).
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Crystal Hammond, can be reached on (571) 270-1682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYAN R PEREZ/Examiner, Art Unit 2838
