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 .
2. This Office Action is sent in response to Applicant's Communication received on June 12, 2025 for application number 19/235,785. This Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and Claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 12, 2025 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Priority
4. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent Application No. JP 2024-128175 filed on August 02, 2024.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “…an inner diameter of the positive crankcase ventilation valve cover on a tip end side with respect to a plane including a tip end surface of the positive crankcase ventilation valve…” and “…an inner diameter of the positive crankcase ventilation valve cover on a base end side with respect to the plane including the tip end surface of the positive crankcase ventilation valve…” and “…the positive crankcase ventilation valve cover has such an inner diameter that an engine is stopped or the engine is not startable when the positive crankcase ventilation valve cover is detached…” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The Drawings do not show the limitations “…an inner diameter of the positive crankcase ventilation valve cover on a tip end side with respect to a plane including a tip end surface of the positive crankcase ventilation valve…” and “…an inner diameter of the positive crankcase ventilation valve cover on a base end side with respect to the plane including the tip end surface of the positive crankcase ventilation valve…” and “…the positive crankcase ventilation valve cover has such an inner diameter that an engine is stopped or the engine is not startable when the positive crankcase ventilation valve cover is detached…” and the Written Specification also do not includes references numbers/characters for the above specified limitations.
Appropriate correction is required.
Disposition of Claims
Claims 1-7 are pending in this application.
Claims 1-7 are rejected.
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (SHIMAKURA – JP 2015206342 A).
Regarding claim 1, SHIMAKURA discloses:
A blow-by gas processing device (PCV device 1: Figs. 1-2) configured to allow a crankcase (crankcase 25: Figs. 1-2) and a downstream side of a throttle valve (throttle valve 21: Fig. 1) of an intake system (system of intake pipe 17: Fig. 1) to communicate with each other to introduce blow-by gas (blow-by gas) into the intake system (system of intake pipe 17: Fig. 1), the blow-by gas processing device (PCV device 1: Figs. 1-2) comprising:
a positive crankcase ventilation valve (PCV valve 5: Figs. 1-2) attached to a cylinder block (cylinder block 9: Fig. 1), the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2) being configured to adjust a flow rate of the blow- by gas according to a pressure of the intake system (system of intake pipe 17: Fig. 1);
a positive crankcase ventilation valve cover (housing 35: Fig. 2) disposed coaxially with the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2), the positive crankcase ventilation valve cover (housing 35: Fig. 2) being attached to the cylinder block (cylinder block 9: Fig. 1) so as to cover the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2); and
a positive crankcase ventilation hose (vacuum heat insulating flexible hose 3A: Figs. 1-2) coupled to the positive crankcase ventilation valve cover (housing 35: Fig. 2), the positive crankcase ventilation hose (vacuum heat insulating flexible hose 3A: Figs. 1-2) being configured to allow the positive crankcase ventilation valve cover (housing 35: Fig. 2) and the intake system (system of intake pipe 17: Fig. 1) to communicate with each other,
wherein an inner diameter (inner diameter within first housing member 37 that includes bottom of second housing member 39 and tip end of valve chamber 33: Fig. 2) of the positive crankcase ventilation valve cover (housing 35: Fig. 2) on a tip end side with respect to a plane including a tip end surface of the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2) is greater than an inner diameter (inner diameter within housing 35 that includes tip end of valve chamber 33, shoulder part of first housing member 37 and top end of crankcase 25: Fig. 2) of the positive crankcase ventilation valve cover (housing 35: Fig. 2) on a base end side with respect to the plane including the tip end surface of the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2).
SHIMAKURA discloses as shown in FIGS. 2 and 3, that the PCV valve 5 includes a housing 35 having a valve chamber 33 therein. The housing 35 includes a first housing member 37 and a second housing member 39. The first housing member 37 and the second housing member 39 are both made of resin and screwed together. More specifically, the first housing member 37 is provided with a large-diameter portion on one end side, and a female screw is formed on the inner periphery of the large-diameter portion. On the other hand, a male screw is formed on the outer periphery of one end side of the second housing member 39. The male screw of the second housing member 39 is screwed into the female screw of the first housing member 37. An O-ring for sealing having an O-shaped (circular) cross section is disposed between the first housing member 37 and the second housing member 39 ([0035]).
Regarding claim 3, SHIMAKURA discloses:
A blow-by gas processing device (PCV device 1: Figs. 1-2) configured to allow a crankcase (crankcase 25: Figs. 1-2) and a downstream side of a throttle valve (throttle valve 21: Fig. 1) of an intake system (system of intake pipe 17: Fig. 1) to communicate with each other to introduce blow-by gas (blow-by gas) into the intake system (system of intake pipe 17: Fig. 1), the blow-by gas processing device (PCV device 1: Figs. 1-2) comprising:
a positive crankcase ventilation valve (PCV valve 5: Figs. 1-2) attached to a cylinder block (cylinder block 9: Fig. 1), the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2) being configured to adjust a flow rate of the blow- by gas according to a pressure of the intake system (system of intake pipe 17: Fig. 1);
a tubular positive crankcase ventilation valve cover (housing 35: Fig. 2) attached to the cylinder block (cylinder block 9: Fig. 1) so as to cover the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2); and
a positive crankcase ventilation hose (vacuum heat insulating flexible hose 3A: Figs. 1-2) coupled to the positive crankcase ventilation valve cover (housing 35: Fig. 2), the positive crankcase ventilation hose (vacuum heat insulating flexible hose 3A: Figs. 1-2) being configured to allow the positive crankcase ventilation valve cover (housing 35: Fig. 2) and the intake system (system of intake pipe 17: Fig. 1) to communicate with each other,
wherein a center axis of the positive crankcase ventilation valve cover (housing 35: Fig. 2) is shifted to a front side of a vehicle with respect to a center axis of the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2).
Regarding claim 2, SHIMAKURA discloses the blow-by gas processing device according to claim 1, and further on SHIMAKURA also discloses:
wherein the positive crankcase ventilation valve cover (housing 35: Fig. 2) comprises a base end portion and a great diameter portion having a greater inner diameter than an inner diameter of the base end portion, and each of the base end portion and the great diameter portion has a cylindrical shape or a rectangular tubular shape (Fig. 2 of SHIMAKURA shows the first housing member 37 is provided with a large-diameter portion on one end side, and a female screw is formed on the inner periphery of the large-diameter portion).
Regarding claim 4, SHIMAKURA discloses the blow-by gas processing device according to claim 1, and further on SHIMAKURA also discloses:
wherein the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2) and the positive crankcase ventilation valve cover (housing 35: Fig. 2) are attached to an upper surface of the cylinder block (cylinder block 9: Fig. 1) such that an axial line of the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2) and an axial line of the positive crankcase ventilation valve cover (housing 35: Fig. 2) are parallel with a vertical direction.
Regarding claim 5, SHIMAKURA discloses the blow-by gas processing device according to claim 3, and further on SHIMAKURA also discloses:
wherein the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2) and the positive crankcase ventilation valve cover (housing 35: Fig. 2) are attached to an upper surface of the cylinder block (cylinder block 9: Fig. 1) such that an axial line of the positive crankcase ventilation valve (PCV valve 5: Figs. 1-2) and an axial line of the positive crankcase ventilation valve cover (housing 35: Fig. 2) are parallel with a vertical direction.
Regarding claim 6, SHIMAKURA discloses the blow-by gas processing device according to claim 4, and further on SHIMAKURA also discloses:
wherein the positive crankcase ventilation valve cover “has such an inner diameter that an engine is stopped or the engine is not startable when the positive crankcase ventilation valve cover is detached”.
Please note that claim 6 above is directed to an apparatus which must be distinguished from the prior art in term of structure rather function [MPEP 2114]. Hence, the functional limitations “has such an inner diameter that an engine is stopped or the engine is not startable when the positive crankcase ventilation valve cover is detached” as shown above, which are narrative in form, have been given very little patentable weight. In order to be given patentable weight, a functional recitation must be supported by recitation in the claim of sufficient structure to warrant the presence of the functional language. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). SHIMAKURA has been shown to be structurally capable of performing this/these function(s).
Regarding claim 7, SHIMAKURA discloses the blow-by gas processing device according to claim 5, and further on SHIMAKURA also discloses:
wherein the positive crankcase ventilation valve cover “has such an inner diameter that an engine is stopped or the engine is not startable when the positive crankcase ventilation valve cover is detached”.
Please note that claim 7 above is directed to an apparatus which must be distinguished from the prior art in term of structure rather function [MPEP 2114]. Hence, the functional limitations “has such an inner diameter that an engine is stopped or the engine is not startable when the positive crankcase ventilation valve cover is detached” as shown above, which are narrative in form, have been given very little patentable weight. In order to be given patentable weight, a functional recitation must be supported by recitation in the claim of sufficient structure to warrant the presence of the functional language. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). SHIMAKURA has been shown to be structurally capable of performing this/these function(s).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
CN 218177301 U – WANG
DE 102019109893 B4 – MIYANAGA
CN 109252914 B – KASHIWARA
US 2020/0224602 A1 – Gilmer
US 2019/0316500 A1 – MIYANAGA
JP 2014105581 A – KIRA
US 2019/0017420 A1 – Kashiwabara
JP 2008309082 A – ASANUMA
JP H074222 A – FURUYA
JP 2000008828 A – TAKEYAMA
US 6,820,601 B1 - Price
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
/GRANT MOUBRY/Primary Examiner, Art Unit 3747
