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 1-30 are rejected under the judicially created doctrine of double patenting over claims 1-33 of U. S. Patent Number 12,372,021 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 1-2, 10-14, 18-23, 28, and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sampath et al. (Sampath) (Patent/Publication Number US 2015/0071828).
Regarding claims 1 and 18, Sampath discloses an exhaust mixer assembly (718, 900, 1100, 2100) (Figures 29-37, 49) comprising: a mixer housing (802, 64) (e.g. See Paragraphs [0121, 0135, 0141]); an inlet plate (742, 1018) coupled to the mixer housing and comprising a first inlet opening (410, 752, 96, 1022, 1202) (e.g. See Paragraphs [0122, 0135, 0141, 0152]); a support plate (1008, 1012, 1022) coupled to the mixer housing downstream of the inlet plate, the support plate comprising a support plate opening (e.g. See Paragraphs [0139] .... To prevent exhaust gases from escaping hood 1002 as the exhaust gases travel from exhaust treatment component 18 to exhaust treatment component 20, a solid connection plate 1008 may be positioned between exhaust treatment component 18 and exhaust treatment component 20. Connection plate 1008 may include apertures 1010 for receipt of housings 44 and 64. To ensure a gas-tight fit between connection plate 1008 and housings 44 and 64, connection plate 1008 may be welded to each housing 44 and 64, or a gasket (not shown) may be positioned between housings 44 and 64 and apertures 1010. An end plate 1012 of hood 1002 is integral with peripheral outer surface 1004. End plate 1012 may include a contoured surface 1014 at exhaust treatment component 18 that assists in directing the exhaust gases toward exhaust treatment component 20. ... .) (e.g. See Paragraphs [0122, 0139, 0145-0146]); and a first inlet tube (82) having an upstream end coupled to the inlet plate and configured to receive exhaust from the first inlet opening (96, 100, 410, 752, 1202), and a downstream end that is closed by a first portion of the support plate, wherein the first inlet tube comprises a first inlet tube lateral opening that extends through a circumferential wall of the first inlet tube (e.g. See Paragraphs [0142] As illustrated in FIGS. 35 and 36, mixing assembly 1100 includes decomposition tube 82 with radially expanded portion 88. It should be understood, however, that decomposition tube 82 can be entirely cylindrical or include a radially narrowed portion like mixing assembly 900 illustrated in FIG. 33. Regardless, mixing assembly 1100 is not fixed to end plate 1012 of hood 1002. Rather, mixing assembly 1100 is spaced apart from end plate 1012 of hood 1002.) (e.g. See Paragraphs [0121, 0124, 0142-0146]); and a first wall and a second wall (82, 84, 86, 88, 1804, 1806, 1808) extending from the inlet plate to the support plate (1018, 1022) (e.g. See Paragraphs [0122, 0139, 0145-0146]); a first chamber inside the first wall and the second wall, upper edges of the first wall and the second wall defining an opening into the first chamber and lower edges of the first wall and the second wall extending to the mixer housing (e.g. See Paragraphs [0089] FIGS. 7-9 illustrate a first exemplary embodiment of mixing assembly 80. Mixing assembly 80 includes a decomposition tube 82 including a first end portion 84 that may be secured to end cap 74 and a second end portion 86 that is positioned proximate SCR 70. Decomposition tube 82 may be substantially cylindrical, with a radially expanded portion 88 positioned between the first and second end portions 84 and 86. Radially expanded portion 88 includes a conically-expanding portion 90 that expands the decomposition tube 82, ...... .) (e.g. See Paragraphs [0089-0090, 0178]).
Regarding claims 2, 21, Sampath further discloses wherein, when viewed in a longitudinal direction of the mixer housing, the first inlet tube lateral opening (96, 100, 1202) is located in a top half of the first inlet tube, and the support plate opening is in a bottom half of the support plate (e.g. See Paragraphs [0090] First end portion 84 may be perforated such that first end portion 84 includes a plurality of first perforations 96. First perforations 96 can vary in size around the circumference of first end portion 84, and assist in creating turbulence and increasing a velocity of the exhaust stream as it enters decomposition tube 82. Although not required by the present disclosure, a perforated collar 98 including a plurality of second perforations formed as elongate slots 100 may be positioned around and secured to first end portion 84. ......) (e.g. See Paragraphs [0090, 0121, 0124, 0142-0146]).
Regarding claims 10, 22, Sampath further discloses wherein the inlet plate further comprises an auxiliary opening (96, 100, 1202) located in a bottom half of the inlet plate when viewed in a longitudinal direction of the mixer housing, wherein the first inlet opening is positioned in a top half of the inlet plate when viewed in the longitudinal direction of the mixer housing (e.g. See Paragraphs [0141] ...... Partition plate 1018 may be secured to housing 64 or may be secured to connection plate 1008. After the exhaust exits mixing assembly 1100, the exhaust gas may pass through a perforated baffle ring 1022 positioned upstream from SCR 70 that further assists in intermingling the exhaust gases and reagent exhaust treatment fluid. Baffle ring 1022 may be secured to an interior surface 1024 of housing 64. Alternatively, baffle ring 1022 can be secured in a separate housing that is coupled to an end of housing 64.) (e.g. See Paragraphs [0141-0146]).
Regarding claim 11, Sampath further discloses a first flap (204, 304, 504, 114) extending from an edge of the auxiliary opening (e.g. See Paragraphs [0099-0104]).
Regarding claims 12, 23, Sampath further discloses wherein the mixer housing comprises a reductant injection (28) opening at a location between the inlet plate and the support plate (e.g. See Paragraphs [0088, 0128]).
Regarding claim 13, Sampath further discloses wherein, when viewed in a longitudinal direction of the mixer housing, the reductant injection opening is located in an upper half of the mixer housing (e.g. See Paragraphs [0088, 0128]).
Regarding claim 14, Sampath further discloses wherein the inlet plate further comprises at least one flow assist opening (114, 1022, 1106, 1036, 1820, 1824, 1914) positioned adjacent to the first inlet opening (e.g. See Paragraphs [0195] Although the high turbulence swirl generated by vanes 1306 is efficient at intermingling the exhaust treatment fluid with the exhaust stream, the velocity distribution of the exhaust stream after passing over vanes 1306 is affected. To normalize the velocity distribution of the exhaust stream after passing over vanes 1306 in cup-shaped member 110, flow reversing device 1900 includes swirl arrester device 1910 positioned downstream from vanes 1306 in cup-shaped member 110. ....) (e.g. See Paragraphs [0147-0148, 0179, 0195-0196]).
Regarding claim 19, Sampath further discloses wherein the second chamber receives exhaust from the first inlet opening, and the support plate opening receives exhaust from the first chamber (e.g. See Paragraphs [0122-0123, 0139, 0145-0146]).
Regarding claim 20, Sampath further discloses wherein the inlet plate is further comprising a second inlet opening positioned on a second side of the inlet plate opposite the first inlet opening (e.g. See Paragraphs [0122, 0139, 0145-0146]).
Regarding claim 28, Sampath further discloses wherein the first wall comprises a first wall opening, and the second wall comprises a second wall opening opposite the first wall opening (96, 1823, 1824) (e.g. See Paragraphs [0089-0090, 0179, 0184]).
Regarding claim 30, Sampath further discloses an outlet plate coupled to the mixer housing downstream of the support plate, the outlet plate comprising an outlet opening (96, 100, 410, 752, 1202) (e.g. See Paragraphs [0122, 0139, 0145-0146]); and a conveying tube (82) coupled to the support plate and the outlet plate, the conveying tube comprising a conveying tube lateral opening that extends through a circumferential wall of the conveying tube, wherein the conveying tube is configured to provide exhaust to the outlet opening (e.g. See Paragraphs [0122, 0139, 0145-0146]).
Allowable Subject Matter
Claims 3-9, 15-17, 24-27, and 29 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:
Petry et al. (Pat./Pub. No. US 9341100), Solbrig et al. (Pat./Pub. No. US 2014/0318112), Wang et al. (Pat./Pub. No. US 2020/0131974), Moulieres et al. (Pat./Pub. No. US 10287948), Willats et al. (Pat./Pub. No. US 2019/0010850), Tucker et al. (Pat./Pub. No. US 2020/0173330), and Cvelbar et al. (Pat./Pub. No. US 2021/0095587), 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 04, 2026
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