DETAILED ACTION
Claim Objections
Claims 14 and 17 are objected to because of the following informalities:
Claim 14 is missing. Applicant is advised to provide a new set of claims, marking claim 14 canceled.
Claim 17 recites “aftwardly” which is not listed in major dictionaries such as Merriam-Webster or Oxford.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. Claims 1 and 17 recite “the first thermostat chamber selectively in upstream fluid communication with the second thermostat chamber and the pump”. The specifications do not support the claimed language. Although paragraph [0071] discloses: "As best seen in figures 6F-6G, thermostat 306 includes a lower chamber 306a and an upper chamber 306b with a valve housing 306c positioned therebetween", there is no description of how the selection of channels is controlled. Merely stating that a valve is positioned in the thermostat doesn’t give sufficient information if the valve is controlling the flow between the two chambers, or if the valve is positioned only partially, and controlling the flow through some of the passages leading to and from the thermostat.
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.
Claims 1-20 are 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.
Claims 1 and 17 recite “the first thermostat chamber selectively in upstream fluid communication with the second thermostat chamber and the pump”. The specifications do not support the claimed language and it is unclear how the chambers are configured. Although paragraph [0071] discloses: "As best seen in figures 6F-6G, thermostat 306 includes a lower chamber 306a and an upper chamber 306b with a valve housing 306c positioned therebetween", there is no description of how the selection of channels is controlled. Merely stating that a valve is positioned in the thermostat doesn’t give sufficient information if the valve is controlling the flow between the two chambers, or if the valve is positioned only partially, and controlling the flow through some of the passages leading to and from the thermostat.
Following is a rejection as best understood.
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.
Claim(s) 1-7, 9-15 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yatagai et al. (US 2004/0188161 A1), hereafter Yatagai, in view of Fukuda et al. (JP 2015086767 A), hereafter Fukuda.
Regarding claims 1, 2, 17, 18 and 19, Yatagai discloses a snowmobile (1) comprising: a chassis including a forward frame assembly and a tunnel extending from the forward frame assembly, the forward frame assembly defining an engine bay ([0034], Fig. 5 and Fig. 6); a four stroke engine (19) positioned in the engine bay; a turbocharger (33) positioned outboard of the engine bay relative to a first lateral side of the engine (Fig. 8); a pump (58) in upstream fluid communication with the engine and the turbocharger; and a thermostat (59) positioned outboard of the engine bay relative to the first lateral side of the engine (Fig. 8).
Yatagai does not disclose a coolant distribution assembly including first and second thermostat chambers and a vapor tank, the first thermostat chamber in downstream fluid communication with the engine and the vapor tank, the first thermostat chamber selectively in upstream fluid communication with the second thermostat chamber and the pump, the vapor tank in downstream fluid communication with the turbocharger; and a heat exchanger assembly in downstream fluid communication with the second thermostat chamber and in upstream fluid communication with the pump; wherein, the pump, the coolant distribution assembly and the heat exchanger assembly form a cooling circuit for circulating a coolant through the engine and the turbocharger.
Fukuda discloses an engine (10, Fig. 4) having a coolant distribution assembly (Fig. 6) including first and second thermostat chambers (27b, 27a) and a vapor tank (19), the first thermostat chamber in downstream fluid communication with the engine and the vapor tank, the first thermostat chamber selectively in upstream fluid communication with the second thermostat chamber and the pump (Fig. 4), the vapor tank in downstream fluid communication with the turbocharger (6); and a heat exchanger assembly (13) in downstream fluid communication with the second thermostat chamber and in upstream fluid communication with the pump (11); wherein, the pump, the coolant distribution assembly and the heat exchanger assembly form a cooling circuit for circulating a coolant through the engine and the turbocharger (Fig. 4). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the coolant distribution assembly of Fukuda in the engine of Yatagai in order to properly control the coolant throughout the engine equipped with a turbocharger.
Regarding claim 3, Yatagai as modified with Fukuda discloses the cooling system as recited in claim 1 wherein, the pump is integrally formed with the engine (Yatagai: Fig. 9)
Regarding claim 4, Yatagai as modified with Fukuda discloses the cooling system as recited in claim 1 wherein, at least a portion of the coolant distribution assembly is positioned above the engine and above the turbocharger (Yatagai: Fig. 8, and Fukuda: Fig. 4 and Fig. 6).
Regarding claim 5, Yatagai as modified with Fukuda discloses the cooling system as recited in claim 1 wherein, at least a portion of the coolant distribution assembly is positioned aft of the turbocharger (Yatagai: Fig. 8, and Fukuda: Fig. 4).
Regarding claim 6, Yatagai as modified with Fukuda discloses the cooling system as recited in claim 1 wherein, at least a portion of the coolant distribution assembly is positioned inboard of the turbocharger (Yatagai: Fig. 8, and Fukuda: Fig. 4).
Regarding claim 7, Yatagai as modified with Fukuda discloses the cooling system as recited in claim 1 wherein, the second thermostat chamber is positioned above the first thermostat chamber (Fukuda: Fig. 4).
Regarding claim 9, Yatagai as modified with Fukuda discloses the cooling system as recited in claim 1 wherein, the first and second thermostat chambers are positioned aft of the vapor tank (Yatagai: Fig. 8, and Fukuda: Fig. 4 and Fig. 6).
Regarding claims 10 and 12, Yatagai as modified with Fukuda discloses the cooling system as recited in claim 1 wherein, the first thermostat chamber includes a primary inlet in downstream fluid communication with an outlet of the engine; wherein, the first thermostat chamber includes a bypass outlet (Fukuda: 27c) in upstream fluid communication with the pump (11); and wherein, the second thermostat chamber includes a primary outlet in upstream fluid communication with the heat exchanger assembly (Fukuda: Fig. 4, upper hose 14).
Regarding claim 11, Yatagai as modified with Fukuda discloses the cooling system as recited in claim 10 wherein, the outlet of the engine is positioned on an aft side of the engine; wherein, the primary inlet is positioned on an aft side of the first thermostat chamber; and wherein, the primary outlet is positioned on an aft side of the second thermostat chamber (Fukuda: Fig. 4).
Regarding claim 13, Yatagai as modified with Fukuda discloses the cooling system as recited in claim 10 wherein, the vapor tank has an inlet that is in downstream fluid communication with the turbocharger, the inlet positioned above the turbocharger (Yatagai: Fig. 8); and wherein, the vapor tank has an outlet that is in upstream fluid communication with a secondary inlet of the first thermostat chamber, the outlet of the vapor tank positioned forward and above the secondary inlet of the first thermostat chamber (Yatagai: Fig. 8, and Fukuda: Fig. 4 and Fig. 6).
Regarding claim 15, examiner takes an official notice that it is known in the art to provide mounting brackets for auxiliary components operated by the engine.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yatagai et al. (US 2004/0188161 A1), in view of Fukuda et al. (JP 2015086767 A), and in further view of Niitsuma (JP 2003172143 A), hereafter Niitsuma.
Regarding claim 8, Yatagai as modified with Fukuda does not disclose the second thermostat chamber including a filler cap that is positioned at an uppermost location of the cooling system. Niitsuma discloses a cooling system for a water cooled internal combustion engine and a thermostat chamber (78) including a filler cap (88) that is positioned at an uppermost location of the cooling system (Yatagai: Fig. 8). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide a thermostat with a filler cap to the thermostat of Fukuda as applied in the engine of Yatagai in order to provide a port for cooling in the engine system.
Claim(s) 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yatagai et al. (US 2004/0188161 A1), in view of Fukuda et al. (JP 2015086767 A), and in further view of Bergman et al. (US 7,779,944 B2), hereafter Bergman.
Regarding claims 16 and 20, Yatagai as modified with Fukuda is silent to having a heat exchanger assembly including first and second tunnel heat exchangers positioned in series and wherein, the heat exchanger assembly includes an arcuate heat exchanger coupled to a forward end of the tunnel and a longitudinal heat exchanger positioned in an upper portion of the tunnel. Bergman discloses an engine powered snowmobile with a heat exchanger assembly including first and second tunnel heat exchangers positioned in series and wherein, the heat exchanger assembly includes an arcuate heat exchanger coupled to a forward end of the tunnel and a longitudinal heat exchanger positioned in an upper portion of the tunnel (Fig. 10). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the heat exchanger of Bergman to the snowmobile of Yatagai as modified with Fukuda in order to improve on the cooling capacity of the system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEUTA B HOLBROOK whose telephone number is (571)270-3276. The examiner can normally be reached Monday - Friday 8am-4:30pm EST.
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/TEUTA HOLBROOK/
Examiner
Art Unit 3747
/GEORGE C JIN/ Primary Examiner, Art Unit 3747
Prosecution Insights