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 .
Double Patenting
Claims 1-20 are rejected under the judicially created doctrine of double patenting over claims 1-19 of U. S. Patent Number 12,359,594 B2 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: the application claims are merely broader than the patent claims.
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. See 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); and, 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) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
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, 4-10, 12-13, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (Liu) (Patent/Publication Number US 2017/0082006).
Regarding claim 1, Liu discloses a silencer (10, 112) for reducing the noise of an internal combustion engine (e.g. See Paragraphs [0026] In general, the concepts described herein pertain to silencers and catalytic converter apparatuses that may be suitable for use with reciprocating internal combustion engines having a power output .... .) (e.g. See Paragraphs [0027, 0048-0049]), the silencer comprising: an input (14, 118) configured to be placed in communication with the internal combustion engine (e.g. See Paragraphs [0028, 0034, 0049-0051]); an output (16, 96, 124) (e.g. See Paragraphs [0028, 0034, 0049-0051]); a chamber (22, 24, 94, 124, 126, 128) (e.g. See Paragraphs [0043-0044, 0049-0051]); and a partition (30, 32, 36, 38, 88, 90, 136, 138, 140) configured to be removed from the chamber, wherein the partition is removable from the chamber to convert the silencer to a collector (e.g. See Paragraphs [0035] Referring to FIGS. 12, 13 and 14, the blocking panel 32 is shown to include overlapping first and second plate members 36, 38, which are generally fluid impervious. The first and second plate members 36, 38 are movable relative to one another between a contracted position (FIG. 12) and an expanded position (FIG. 14). In the expanded position, a width dimension 40 of the blocking panel 32 is greater than in the contracted position. FIG. 13 shows the blocking panel 32 in an intermediate position. The first and second plate members 36, 38 may be formed of a heat-resistant material such as stainless steel, or a ceramic material.) (e.g. See Paragraphs [0035-0037, 0043, 0051]).
Regarding claim 4, Liu further discloses wherein the output is connected to a pipe to discharge exhaust into open air, wherein the pipe affects back pressure in the chamber (e.g. See Paragraphs [0048] In use, the apparatus 10 is connected to piping (not shown) so that the fluid to be treated is supplied to the inlet port 14, and treated fluid is delivered away from the secondary outlet 96. For example, in engine exhaust treatment implementations, the inlet port 14 may be bolted, welded, or otherwise connected (e.g., using one or more band clamps) to piping that is attached to an engine exhaust manifold. ....) (e.g. See Paragraphs [0043-0044, 0048]).
Regarding claim 5, Liu further discloses a handle (100, 102, 84) coupled to the partition (e.g. See Paragraphs [0045]).
Regarding claim 6, Liu further discloses wherein the partition (30, 32, 36, 38, 88, 90, 136, 138, 140) comprises one of a plurality of partitions configured to be inserted into and removed from the chamber, wherein the partitions are removable from the chamber to convert the silencer to a collector (e.g. See Paragraphs [0035-0037, 0043, 0051]).
Regarding claim 7, Liu further discloses wherein the plurality of partitions are arranged in a predetermined pattern (e.g. See Paragraphs [0035-0037, 0043, 0051]).
Regarding claim 8, Liu further discloses a lock (32, 134) configured to secure the partition in the chamber (e.g. See Paragraphs [0034-0036, 0051]).
Regarding claims 9, 12, Liu further discloses wherein the chamber comprises a resonant chamber (22, 24, 126, 128) configured to reflect sound waves from the internal combustion engine such that the sound waves are at least partially cancelled out when the partition is positioned in the chamber (e.g. See Paragraphs [0051] In the example illustrated, the apparatus 112 includes two frame assemblies 130 arranged in parallel in the housing 114 on laterally opposing sides of the downstream chamber section 128. The frame assemblies 130 define two opposing flow passages between the upstream and downstream chamber sections 126, 128. Each of the frame assemblies 130 receives one or more catalyst panels 132 inserted through the access openings, and blocking panels 134. The apparatus 112 is shown to include first, second and third interior partitions 136, 138, 140 separating the upstream and downstream chamber sections 126, 128.) (e.g. See Paragraphs [0043-0046, 0050-0051]).
Regarding claims 10, 13, 17, Liu further discloses wherein the chamber is not a resonant chamber configured to at least partially cancel out sound waves from the internal combustion engine when the partition is removed from the chamber (e.g. See Paragraphs [0043-0046, 0050-0051]).
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.
Claims 2-3 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (Liu) (Patent/Publication Number US 2017/0082006) in view of Teboul (Patent/Publication Number US 6,185,934).
Regarding claims 2-3, 15-16, Liu discloses all the claimed limitation as discussed above except that the output is connected to an after treatment device includes a device selected from a diesel particulate filter, a diesel oxidation catalyst device, and/or a selective catalytic reduction device and the after treatment device affects back pressure in the chamber.
Teboul teaches that it is conventional in the art, to use the output (15, 14) is connected to the after treatment device (1) includes a device selected from a diesel particulate filter (19, 20) (e.g. See Column 4, lines 30-61), a diesel oxidation catalyst device, and/or a selective catalytic reduction device and the after treatment device affects back pressure in the chamber (e.g. See Column 4, lines 44-61).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, to use the output is connected to an after treatment device includes a device selected from a diesel particulate filter, a diesel oxidation catalyst device, and/or a selective catalytic reduction device and the after treatment device affects back pressure in the chamber of Liu, as taught by Teboul for the purpose of absorbing the NOx when the air-fuel ratio of the exhaust gas flowing into the absorbent is lean, and releasing the NOx when the air-fuel ratio of the exhaust gas flowing into the absorbent is rich; and reducing the particulates from the exhaust gas of an internal combustion engine flowing to the atmosphere, so as to reduce the poisoned materials in the purifying catalyst and particulate filter, and further improve the performance of the engine and the efficiency of the emission system, since the use thereof would have been routinely practiced by those with ordinary skill in the art to maintain high purification efficiency of a catalyst emission system.
Claims 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (Liu) (Patent/Publication Number US 2017/0082006) in view of More (Patent/Publication Number US 11,411,459).
Regarding claim 11, Liu discloses a silencer (10, 112) for reducing the noise of an internal combustion engine (e.g. See Paragraphs [0026] In general, the concepts described herein pertain to silencers and catalytic converter apparatuses that may be suitable for use with reciprocating internal combustion engines having a power output .... .) (e.g. See Paragraphs [0027, 0048-0049]), the silencer comprising: an input (14, 118) configured to be placed in communication with the internal combustion engine (e.g. See Paragraphs [0028, 0034, 0049-0051]); an output (16, 96, 124) (e.g. See Paragraphs [0028, 0034, 0049-0051]); a chamber (22, 24, 94, 124, 126, 128) (e.g. See Paragraphs [0043-0044, 0049-0051]); and a partition (30, 32, 36, 38, 88, 90, 136, 138, 140) configured to be removed from the chamber, wherein the partition is removable from the chamber to convert the silencer to a collector (e.g. See Paragraphs [0035] Referring to FIGS. 12, 13 and 14, the blocking panel 32 is shown to include overlapping first and second plate members 36, 38, which are generally fluid impervious. The first and second plate members 36, 38 are movable relative to one another between a contracted position (FIG. 12) and an expanded position (FIG. 14). In the expanded position, a width dimension 40 of the blocking panel 32 is greater than in the contracted position. FIG. 13 shows the blocking panel 32 in an intermediate position. The first and second plate members 36, 38 may be formed of a heat-resistant material such as stainless steel, or a ceramic material.) (e.g. See Paragraphs [0035-0037, 0043, 0051]). However, Liu fails to disclose a generator couples an internal combustion engine.
More teaches that it is conventional in the art, to use a generator (30) couples an internal combustion engine (20) (e.g. See Column 4, lines 27-44).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, to use the generator couples an internal combustion engine of Liu, as taught by More for the purpose of generating electric power for an internal combustion engine, since the use thereof would have been routinely practiced by those with ordinary skill in the art to maintain high purification efficiency of an engine control system.
Regarding claims 14, Liu further discloses wherein the silencer further comprises: a housing including the input, the output, and the chamber; a housing opening defined in the housing that is configured to receive the divider; and a cover attachable to the housing to enclose the housing opening when the divider is not positioned in the housing opening (e.g. See Paragraphs [0035] Referring to FIGS. 12, 13 and 14, the blocking panel 32 is shown to include overlapping first and second plate members 36, 38, which are generally fluid impervious. The first and second plate members 36, 38 are movable relative to one another between a contracted position (FIG. 12) and an expanded position (FIG. 14). In the expanded position, a width dimension 40 of the blocking panel 32 is greater than in the contracted position. FIG. 13 shows the blocking panel 32 in an intermediate position. The first and second plate members 36, 38 may be formed of a heat-resistant material such as stainless steel, or a ceramic material.) (e.g. See Paragraphs [0035-0037, 0043, 0051]).
Allowable Subject Matter
Claims 18-20 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; and also to overcome the claim objections set forth in this Office action, such as to overcome the rejection(s) under 35 U.S.C. 101, 112 2nd paragraph, and double patenting.
Since allowable subject matter has been indicated, applicant is encouraged to submit Final Formal Drawings (If Needed) in response to this Office action. The early submission of formal drawings will permit the Office to review the drawings for acceptability and to resolve any informalities remaining therein before the application is passed to issue. This will avoid possible delays in the issue process.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and consists of seven patents:
Cone et al. (Pat./Pub. No. US 8069660), Kealy et al. (Pat./Pub. No. US 2010/0072757), White et al. (Pat./Pub. No. US 5578277), Oshima et al. (Pat./Pub. No. US 5272871), Marocco et al. (Pat./Pub. No. US 2005/0279571), Sullivan et al. (Pat./Pub. No. US 2007/0045044), and Kitch et al. (Pat./Pub. No. US 7193333), all discloses an exhaust gas purification for use with an internal combustion engine.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Binh Tran whose telephone number is (571) 272-4865. The examiner can normally be reached on Monday-Friday from 8:00 a.m. to 4:00 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Mark Laurenzi, can be reach on (571) 270-7878. The fax phone numbers for the organization where this application or proceeding is assigned are (571) 273-8300 for regular communications and for After Final communications.
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Binh Q. Tran
/BINH Q TRAN/
Primary Examiner, Art Unit 3748
April 03, 2026
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