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 .
DETAILED ACTION
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.
Response to Amendment
The Amendment filed 8/13/26 has been entered. Claims 1-11 and 22-29 have been canceled. Claims 12, 14-16, and 18-21 have been amended. Claims 12-21 remain pending in the application.
Applicant’s amendments to the Claims have overcome the objections previously set forth in the Non-Final Office Action mailed 5/14/26.
Response to Arguments
Applicant’s arguments with respect to claim 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant notes “an internal inconsistency in the rejections”, stating “the Office Action maps ‘an engine oil pump fluidically coupled to the staging oil pick up member’” while also stating “Nugteren fails to disclose an engine oil pump fluidically coupled to the staging pick up member” (see Remark filed 8/13/26, Page 6). The Examiner notes that the Office Action mailed 5/14/26 relies on striking through elements to communicate missing elements. For example, in the rejection of claim 1, the Office action states that Nugteren discloses “an engine oil pump
Applicant further notes “[t]he same pattern appears for claims 20-21, where Nugteren is said to ‘further disclose[]’ the low-pressure-zone and turbocharger-drain limitations and then, immediately after, to ‘fail[] to disclose’ those same limitations” (see Remark filed 8/13/26, Page 6). The Examiner points to the same usage of striking through elements here. The office action states “Nugteren further discloses wherein the portion of the staging reservoir (Modified Fig. 50 - A) above which the staging oil pickup member (395/400) is positioned (398, upper portion - Para 144 (see Modified Fig. 50 above where element 398 is shown as a portion of element A above which element 395/400 is positioned)) defines a low pressure zone during operation, nor wherein the turbocharger drains into the low pressure zone of the staging reservoir”. In other words, Nugteren further discloses wherein the portion of the staging reservoir above which the staging oil pickup member is positioned defines a zone during operation, and wherein the turbocharger drains into the zone of the staging reservoir; however , Nugteren fails to disclose wherein the portion of the staging reservoir above which the staging oil pickup member is positioned defines a low pressure zone during operation, nor wherein the turbocharger drains into the low pressure zone of the staging reservoir.
Applicant notes a typographical error in the heading of the first 103 rejection where Claims 12-15 were listed as rejected while the body of the rejection included claim 16 as well (see Remarks filed 8/13/26, Page 6). The heading of the first 103 rejection was intended to read “Claims 12-16” which was understood as indicated in the summary of the 103 Rejections found in the Remarks filed 8/13/26 at Page 4.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 12 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Nugteren et al. (U.S. 2019/0248227) in view of Widenhorn (U.S. 5,499,693).
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Re claim 12:
Nugteren discloses a utility vehicle (2, utility vehicle - Para 84), comprising:
a plurality of ground-engaging members (4, plurality of ground engaging members - Para 84);
a frame (10, lower frame assembly - Para 85) supported by the plurality of ground-engaging members (4)(see Fig. 1 and Para 85); and
a powertrain assembly (70, powertrain assembly - Para 102) supported by the frame (10)(see Fig. 14 and Para 102) and including:
an engine (72, engine - Para 102) supported by the frame (10)(see Fig. 14 and Paras 102-103);
a turbocharger (78, turbocharger - Para 102) operably coupled to the engine (72)(see Fig. 14, Para 102, and 134-136); and
an oil management system fluidically coupled to the engine and the turbocharger,
the oil management system (Modified Fig. 50 above - B (person having ordinary skill in the art would recognize element B as a type of oil management system (see Para 144))) including an oil pan (394, oil sump - Para 144) defining a staging reservoir (Modified Fig. 50 - A (person having ordinary skill in the art would recognize element A as a type of staging reservoir; see Para 144 - “…Oil from oil sump 394 flows to and from various components of engine 72 , such as crank shaft 84 , in order to provide lubrication thereto…”)), a staging oil pick up member (395, oil supply line - Para 144 (mislabeled as element 400 in Fig. 50)) including an opening positioned proximate the staging reservoir (see Fig. 50 and Para 144 - “…an oil supply line or conduit 395 is fluidly coupled to oil sump 394 and an oil supply port 404 on charger 78 for supplying oil from engine oil sump 394 to charger 78…” (there is necessarily an opening positioned proximate element A of Modified Fig. 50 above in order to perform the stated function)), an engine oil pump necessarily must be a type of pump to perform the stated function)), and a turbo drain (397, oil return line - Para 144 (mislabeled as 402 as shown in Fig. 50)) through which oil from the turbocharger (78) is operable to drain from the turbocharger (78)(see Fig. 50 and Para 144 - “…An oil return line or conduit 397 is fluidly coupled to an oil return port 406 on charger 78 and a port 408 on engine 72 for returning oil from charger 78 to oil sump 394…”), the turbo drain (397/402) operable to deliver the oil to be picked up by the staging oil pick up member (395/400)(see Fig. 50 and Para 144),
the turbo drain (397/402) having an outlet (408, port – Para 144 (see Fig. 50 and Para 144)) positioned proximate the opening (see Fig. 50 at element 400 and 394 and Para 144 – “… an oil supply line or conduit 395 is fluidly coupled to oil sump 394 and an oil supply port 404 on charger 78 for supplying oil from engine oil sump 394 to charger 78…”) of the staging oil pick up member (395/400)(see Fig. 50 and Para 144 (element 408 must be positioned proximate the opening of element 395/400 which must exist as described above in order for the described function to perform))
Nugteren fails to disclose an engine oil pump fluidically coupled to the staging oil pick up member, nor the turbo drain having an outlet positioned proximate the opening of the staging oil pick up member such that operation of the engine oil pump generates a low-pressure zone at the opening that draws oil from the turbo drain into the staging oil pick up member.
Widenhorn teaches an oil management system (see Fig. 1 and Col. 2, Lines 37-39) including an engine oil pump (4, oil pump – Col. 4, Line 53) fluidically coupled to a staging oil pick up member (Modified Fig. 1 above – A (person having ordinary skill in the art would recognize element A as a type of staging oil pick up member)), and a turbo drain (9, return line – Col. 2, Line 57) having an outlet (Modified Fig. 1 above – B (person having ordinary skill in the art would recognize element B as a type of outlet of element 9)) positioned proximate an opening (Modified Fig. 1 above – C (person having ordinary skill in the art would recognize element C as a type of opening of element A)) of the staging oil pick up member (Modified Fig. 1 above – A) such that operation of the engine oil pump (4) generates a low-pressure zone (see Modified Fig. 1 above at element C (person having ordinary skill in the art would recognize a type of low-pressure zone exists at element C)) at the opening (Modified Fig. 1 above – C) that draws oil from the turbo drain (9) into the staging oil pick up member (Modified Fig. 1 above – A)(see Modified Fig. 1 and Col. 2, Line 50 – Col. 3, Line 13 (a type of low-pressure zone at element C necessarily must exist in order for the described function to perform)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the oil management system of Nugteren after that of Widenhorn, thereby making the engine oil pump of Nugteren be fluidically coupled to the staging oil pick up member of Nugteren, and by making the turbo drain outlet of Nugteren be positioned proximate the opening of the staging oil pick up member of Nugteren such that operation of the engine oil pump of Nugteren generates a low-pressure zone at the opening of Nugteren that draws oil from the turbo drain of Nugteren into the staging oil pick up member of Nugteren, all in the way taught by Widenhorn, for the advantage of being able to deliver the engine and the turbo a common oil flow from an oil sump in a way that permits feeding of the common oil flow through a filter (Widenhorn; see Fig. 1 and Col. 2, Lines 50-67).
Re claim 20:
Nugteren/Widenhorn teaches the utility vehicle (Nugteren; 2) of claim 12 (as described above).
Nugteren fails to disclose wherein a portion of the staging reservoir above which the staging oil pick up member is positioned defines the low-pressure zone during operation.
Widenhorn teaches an oil management system (see Fig. 1 and Col. 2, Lines 37-39) including an engine oil pump (4, oil pump – Col. 4, Line 53) fluidically coupled to a staging oil pick up member (Modified Fig. 1 above – A (person having ordinary skill in the art would recognize element A as a type of staging oil pick up member)), and a turbo drain (9, return line – Col. 2, Line 57) having an outlet (Modified Fig. 1 above – B (person having ordinary skill in the art would recognize element B as a type of outlet of element 9)) positioned proximate an opening (Modified Fig. 1 above – C (person having ordinary skill in the art would recognize element C as a type of opening of element A)) of the staging oil pick up member (Modified Fig. 1 above – A) such that operation of the engine oil pump (4) generates a low-pressure zone (see Modified Fig. 1 above at element C (person having ordinary skill in the art would recognize a type of low-pressure zone exists at element C)) at the opening (Modified Fig. 1 above – C) that draws oil from the turbo drain (9) into the staging oil pick up member (Modified Fig. 1 above – A)(see Modified Fig. 1 above and Col. 2, Line 50 – Col. 3, Line 13 (a type of low-pressure zone at element C necessarily must exist in order for the described function to perform)), wherein a portion of the staging reservoir above which the staging oil pick up member is positioned (Modified Fig. 1 above – D (person having ordinary skill in the art would recognize element D as a type of portion of element 1 above which element A is positioned)) defines the low-pressure zone during operation (see Modified Fig. 1 above and Col. 2, Line 50 – Col. 3, Line 13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the oil management system of Nugteren after that of Widenhorn, thereby making the engine oil pump of Nugteren be fluidically coupled to the staging oil pick up member of Nugteren, and by making the turbo drain outlet of Nugteren be positioned proximate the opening of the staging oil pick up member of Nugteren such that operation of the engine oil pump of Nugteren generates a low-pressure zone at the opening of Nugteren that draws oil from the turbo drain of Nugteren into the staging oil pick up member of Nugteren, and by making the staging oil pickup member of Nugteren be positioned below a portion of the staging reservoir of Nugteren such that a portion of the staging reservoir above which the staging oil pick up member is positioned define the low-pressure zone during operation, all in the way taught by Widenhorn, for the advantage of being able to deliver the engine and the turbo a common oil flow from an oil sump in a way that permits feeding of the common oil flow through a filter (Widenhorn; see Fig. 1 and Col. 2, Lines 50-67).
Re claim 21:
Nugteren/Widenhorn teaches the utility vehicle (Nugteren; 2) of claim 20 (as described above).
Nugteren fails to disclose wherein the turbocharger drains into the low-pressure zone of the staging reservoir.
Widenhorn teaches an oil management system (see Fig. 1 and Col. 2, Lines 37-39) including an engine oil pump (4, oil pump – Col. 4, Line 53) fluidically coupled to a staging oil pick up member (Modified Fig. 1 above – A (person having ordinary skill in the art would recognize element A as a type of staging oil pick up member)), and a turbo drain (9, return line – Col. 2, Line 57) having an outlet (Modified Fig. 1 above – B (person having ordinary skill in the art would recognize element B as a type of outlet of element 9)) positioned proximate an opening (Modified Fig. 1 above – C (person having ordinary skill in the art would recognize element C as a type of opening of element A)) of the staging oil pick up member (Modified Fig. 1 above – A) such that operation of the engine oil pump (4) generates a low-pressure zone (see Modified Fig. 1 above at element C (person having ordinary skill in the art would recognize a type of low-pressure zone exists at element C)) at the opening (Modified Fig. 1 above – C) that draws oil from the turbo drain (9) into the staging oil pick up member (Modified Fig. 1 above – A)(see Modified Fig. 1 above and Col. 2, Line 50 – Col. 3, Line 13 (a type of low-pressure zone at element C necessarily must exist in order for the described function to perform)), wherein a portion of the staging reservoir above which the staging oil pick up member is positioned (Modified Fig. 1 above – D (person having ordinary skill in the art would recognize element D as a type of portion of element 1 above which element A is positioned)) defines the low-pressure zone during operation (see Modified Fig. 1 above and Col. 2, Line 50 – Col. 3, Line 13), and wherein a turbocharger (7, turbocharger – Col. 2, Line 59) drains into the low-pressure zone (see Modified Fig. 1 above at element C) of the staging reservoir (1)(see Modified Fig. 1 above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the oil management system of Nugteren after that of Widenhorn, thereby making the engine oil pump of Nugteren be fluidically coupled to the staging oil pick up member of Nugteren, and by making the turbo drain outlet of Nugteren be positioned proximate the opening of the staging oil pick up member of Nugteren such that operation of the engine oil pump of Nugteren generates a low-pressure zone at the opening of Nugteren that draws oil from the turbo drain of Nugteren into the staging oil pick up member of Nugteren, by making the staging oil pickup member of Nugteren be positioned below a portion of the staging reservoir of Nugteren such that a portion of the staging reservoir above which the staging oil pick up member is positioned define the low-pressure zone during operation, and by making the turbocharger of Nugteren drain into the low-pressure zone of the staging reservoir of Nugteren, all in the way taught by Widenhorn, for the advantage of being able to deliver the engine and the turbo a common oil flow from an oil sump in a way that permits feeding of the common oil flow through a filter (Widenhorn; see Fig. 1 and Col. 2, Lines 50-67).
Claims 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Nugteren et al. (U.S. 2019/0248227) in view of Widenhorn (U.S. 5,499,693), as applied to claim 12 above, and further in view of Wharam et al. (U.S. 2,440,815).
Re claim 13:
Nugteren/Widenhorn teaches the utility vehicle (Nugteren; 2) of claim 12 (as described above).
Nugteren/Widenhorn fails to disclose/teach wherein the oil management system is a wet sump.
Wharam teaches an oil management system (Figs. 1-9 (see Col. 1, Lines 1-5)), wherein the oil management system is a wet sump (see Figs. 1-9 and Col. 1, Lines 1-10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the oil management system of Nugteren/Widenhorn after that of Wharam, thereby making the oil management system of Nugteren a wet sump as taught by Wharam, for the advantage of being able to ensuring that the pump will be supplied with an adequate amount of oil regardless of the inclination of the engine (Wharam; see Figs. 1-9 (especially Figs. 7-9) and Col. 4, Lines 41-48).
Re claim 14:
Nugteren/Widenhorn/Wharam teaches the utility vehicle (Nugteren; 2) of claim 13 (as described above).
Nugteren further discloses wherein the staging oil pick up member (395/400) includes an auxiliary opening (Modified Fig. 50 above - C (person having ordinary skill in the art would recognize element C as a type of auxiliary opening; element C corresponds to the portion of element 395/400 fluidly coupled to element 404 described in Para 144)), the auxiliary opening (Modified Fig. 50 above - C) being fluidically coupled to the turbo drain (397/402)(see Modified Fig. 50 above and Para 144 - “…as shown in FIG. 50, an oil supply line or conduit 395 is fluidly coupled to oil sump 394 and an oil supply port 404 on charger 78 for supplying oil from engine oil sump 394 to charger 78. An oil return line or conduit 397 is fluidly coupled to an oil return port 406 on charger 78 and a port 408 on engine 72 for returning oil from charger 78 to oil sump 394 of engine 72…”).
Re claim 15:
Nugteren/Widenhorn/Wharam teaches the utility vehicle (Nugteren; 2) of claim 14 (as described above).
Nugteren further discloses wherein the oil management system (Modified Fig. 50 above - B) includes a channel (404, oil supply port - Para 144) in fluid communication with the turbo drain (397, 402) and the staging oil pick up member (395, 400) at the auxiliary opening (Modified Fig. 50 above - C)(see Modified Fig. 50 above and Para 144 - “…as shown in FIG. 50, an oil supply line or conduit 395 is fluidly coupled to oil sump 394 and an oil supply port 404 on charger 78 for supplying oil from engine oil sump 394 to charger 78. An oil return line or conduit 397 is fluidly coupled to an oil return port 406 on charger 78 and a port 408 on engine 72 for returning oil from charger 78 to oil sump 394 of engine 72…”), such that oil is drained from the turbocharger (78) directly to the auxiliary opening (Modified Fig. 50 above - C) of the staging oil pick up member (395, 400)(see Modified Fig. 50 above and Para 144 (description of oil being drained from element 70 through element 397/402 and then being routed through element 394, through element 395, 400 and then directly to element 404; consistent with the claimed invention when viewed in light of the specification as the oil from turbocharger 110 drains through elements 111, 190, 192, 194 to eventually arrive at auxiliary opening 226 as shown in Figs. 17-24 and as described in Paras 89-94 of US2025/0354514 which the PGPUB of the instant disclosure)).
Re claim 16:
Nugteren/Widenhorn/Wharam teaches the utility vehicle (Nugteren; 2) of claim 15 (as described above).
Nugteren fails to disclose wherein the oil management system includes a delivery reservoir adjacent the staging reservoir and a delivery oil pick up member with an opening proximate the delivery reservoir, wherein the engine oil pump is operable to deliver oil from the staging reservoir to the delivery reservoir.
Wharam teaches a utility vehicle (Col. 1, Lines 10-12) comprising an oil management system (Figs. 1-9 (see Col. 1, Lines 1-5)), wherein the oil management system includes a delivery reservoir (16, front chamber - Col. 2, Line 41) adjacent a staging reservoir (17, rear chamber - Col. 2, Line 42)(see Figs. 1-2) and a delivery oil pick up member (24, front strainer - Col. 3, Line 10; 34, intake pipe - Col. 3, Lines 26-27) with an opening (see Fig. 2 at element 26 and element 24 and Col. 3, Lines 10-15 (element 24 includes an element 26 which is a type of opening proximate element 16)) proximate the delivery reservoir (16), wherein an engine oil pump (21, oil pump - Col. 3, Line 6) is operable to deliver oil from the staging reservoir (17) to the delivery reservoir (16)(see Fig. 9 and Col. 3, Line 73 - Col. 4, Line 40).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the oil management system of Nugteren/Widenhorn after that of Wharam, thereby including a delivery reservoir adjacent the staging reservoir of Nugteren, and including a delivery oil pickup member with an opening proximate the delivery reservoir, and making the oil pump of Nugteren be operable to deliver oil from the staging reservoir of Nugteren to the delivery reservoir, all as taught by Wharam, for the advantage of ensuring that the pump will be supplied with an adequate amount of oil regardless of the inclination of the engine (Wharam; see Figs. 1-9 (especially Figs. 7-9) and Col. 4, Lines 41-48).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Nugteren et al. (U.S. 2019/0248227) in view of Widenhorn (U.S. 5,499,693) and Wharam et al. (U.S. 2,440,815), as applied to claim 16 above, and further in view of Sugden (U.S. 4,962,829).
Re claim 17:
Nugteren/Widenhorn/Wharam teaches the utility vehicle (Nugteren; 2) of claim 16 (as described above).
Nugteren/Widenhorn/Wharam fails to teach wherein the oil management system includes a de-aerating member fluidically between the staging reservoir and the delivery reservoir.
Sugden teaches wherein an oil management system (Figs. 2-3 (see Title and Abstract)) includes a de-aerating member (26, deaerator - Col. 5, Line 22) fluidically between a staging reservoir (16, oil sump - Col. 6, Line 10 and see Fig. 2) and a delivery reservoir (82, tank - Col. 5, Line 21)(see Fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the oil management system of Nugteren/Widenhorn/Wharam after that of Sugden, thereby including a de-aerating member between the staging reservoir and the deliver reservoir of Nugteren/Widenhorn/Wharam, as taught by Sugden, for the advantage producing deaerated oil (Sugden; Col. 6, Lines 6), which prevents foaming, oxidation, and cavitation, and thereby enabling stable oil pressure and extended oil life.
Allowable Subject Matter
Claims 18-19 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 18-19 would be allowed primarily because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Additionally, the prior art of record does not teach “wherein the oil management system includes a delivery reservoir cover, wherein the delivery reservoir is a pressurized chamber when the delivery reservoir cover is installed and the engine oil pump is active” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 18-19.
Therefore, the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by one or more references.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Loren C Edwards whose telephone number is (571)272-7133. The examiner can normally be reached M-R 6AM-430PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached at (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOREN C EDWARDS/Primary Examiner, Art Unit 3746 8/28/26
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