DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-5,8,16,18 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent 9611777 to Kato.
As to claim 1, Kato discloses An exhaust structure of an engine, the exhaust structure comprising: an engine body (10) in which a plurality of cylinders (13a-d) and a plurality of exhaust ports are formed (at 41s), the plurality of cylinders being arranged in a cylinder arrangement direction, which is predetermined, the plurality of exhaust ports extending from the plurality of cylinders; and an exhaust passage (40,50,60,70) through which exhaust gas led out from the engine body flows, wherein when one side in an engine width direction, which is orthogonal to the cylinder arrangement direction and an up-down direction, is taken as an exhaust side, and an opposite side of the exhaust side is taken as an intake side (Fig 2, 13 side 41 side), a plurality of exhaust port opening ends are open on a side surface of the engine body on the exhaust side in a state of being arranged along the cylinder arrangement direction, the plurality of exhaust port opening ends being outlets of the plurality of exhaust ports, the exhaust passage includes an upstream-side passage and a catalyst device having a cylindrical shape (40,50,60,70), the upstream-side passage extending from the plurality of exhaust port opening ends (Fig 1), the catalyst device being provided at a position lower than the plurality of exhaust port opening ends (70 Fig 6), and purifying exhaust gas that passes through the upstream-side passage, the upstream-side passage includes a plurality of independent passages (41s) arranged side by side in the cylinder arrangement direction, and individually connected to the plurality of exhaust port opening ends, the upstream-side passage having a shape that is bent in such a way as to bulge toward the exhaust side from the plurality of exhaust port opening ends and to extend downward (Fig 6), and the catalyst device is disposed at a position between the side surface of the engine body (10) on the exhaust side and the upstream-side passage in an attitude in which a center axis of the catalyst device extends along the cylinder arrangement direction (Fig 7), the position overlapping with the plurality of independent passages when viewed along the up-down direction (Fig 5), and overlapping with the upstream-side passage when viewed along the engine width direction (Fig 7).
As to claim 2, Kato discloses the plurality of exhaust port opening ends are disposed at a center portion in the cylinder arrangement direction of the side surface of the engine body on the exhaust side (Fig 2).
As to claim 3, Kato discloses the exhaust passage includes a connection part that covers an end portion of an upstream end of the catalyst device in a flow direction of exhaust gas from one side in the cylinder arrangement direction (71a), the connection part connecting the upstream end of the catalyst device to a downstream end of the upstream-side passage (at 60x, Fig 1), and the downstream end of the upstream-side passage is connected to a side surface of the connection part on the exhaust side Fig 1).
As to claim 4, Kato discloses wherein the connection part has an inner peripheral surface having a substantially circular shape, when viewed along the cylinder arrangement direction (71a, Fig 5).
As to claim 5, Kato discloses the upstream-side passage includes a collecting passage (50,60) that is connected to end portions of the plurality of independent passages on a downstream side to collect exhaust gas that passes through the plurality of independent passages, and the connection part is connected to a downstream end of the collecting passage (Fig 5).
As to claim 8, Kato discloses the exhaust passage includes a connection part that covers an end portion of an upstream end of the catalyst device in a flow direction of exhaust gas from one side in the cylinder arrangement direction (71a), the connection part connecting the upstream end of the catalyst device to a downstream end of the upstream-side passage (at 60x, Fig 1), and the downstream end of the upstream-side passage is connected to a side surface of the connection part on the exhaust side Fig 1).
As to claim 16, Kato discloses wherein the connection part has an inner peripheral surface having a substantially circular shape, when viewed along the cylinder arrangement direction (71a, Fig 5).
As to claim 18, Kato discloses the upstream-side passage includes a collecting passage (50,60) that is connected to end portions of the plurality of independent passages on a downstream side to collect exhaust gas that passes through the plurality of independent passages, and the connection part is connected to a downstream end of the collecting passage (Fig 5).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) 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.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-6,8,9,11,13,14,16,18 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 20180258826 to Kuramashi in view of US Patent 9611777 to Kato.
As to claim 1, Kuramashi discloses An exhaust structure of an engine, the exhaust structure comprising: an engine body (E, Fig 1) in which a plurality of cylinders and a plurality of exhaust ports are formed (connection at M1-4), the plurality of cylinders being arranged in a cylinder arrangement direction, which is predetermined, the plurality of exhaust ports extending from the plurality of cylinders (Fig 3); and an exhaust passage through which exhaust gas led out from the engine body flows (m1-4, m6,m5), wherein when one side in an engine width direction, which is orthogonal to the cylinder arrangement direction and an up-down direction, is taken as an exhaust side (Fig 4), a plurality of exhaust port opening ends are open on a side surface of the engine body on the exhaust side in a state of being arranged along the cylinder arrangement direction (M1-4), the plurality of exhaust port opening ends being outlets of the plurality of exhaust ports, the exhaust passage includes an upstream-side passage and a catalyst device having a cylindrical shape (2,N), the upstream-side passage extending from the plurality of exhaust port opening ends, the catalyst device being provided at a position lower than the plurality of exhaust port opening ends (Fig 3), and purifying exhaust gas that passes through the upstream-side passage, the upstream-side passage includes a plurality of independent passages (M1-4) arranged side by side in the cylinder arrangement direction, and individually connected to the plurality of exhaust port opening ends, the upstream-side passage having a shape that is bent in such a way as to bulge toward the exhaust side from the plurality of exhaust port opening ends and to extend downward (Fig 1, M1 to M to M52 to M5), and the catalyst device is disposed at a position between the side surface of the engine body on the exhaust side and the upstream-side passage (Fig 1) in an attitude in which a center axis of the catalyst device extends along the cylinder arrangement direction (Fig 2), the position overlapping with the plurality of independent passages when viewed along the up-down direction (2,N overlapped M6 Fig 2), and overlapping with the upstream-side passage when viewed along the engine width direction (M5 overlapping catalyst intake Fig 4).
Kuramashi does not expressly disclose an opposite side of the exhaust side is taken as an intake side.
Kato discloses an opposite side of the exhaust side is taken as an intake side (Fig 2).
At the time of invention, it would have been obvious to one of ordinary skill in the art for Kuramashi to have an opposite side of the exhaust side is taken as an intake side and central alignment to line up intake and exhaust using the teachings of Kato so as to accommodate the intake and necessary components without interfering with the exhaust components while allowing for effective flow of air through the engine in a known manner.
As to claim 2, Kuramashi discloses the plurality of exhaust port opening ends are disposed at a center portion in the cylinder arrangement direction of the side surface of the engine body on the exhaust side (Kuramashi : Fig 1,2)(Kato: Fig 2).
As to claim 3, Kuramashi discloses the exhaust passage includes a connection part that covers an end portion of an upstream end of the catalyst device in a flow direction of exhaust gas from one side in the cylinder arrangement direction (M5, Fig 3), the connection part connecting the upstream end of the catalyst device to a downstream end of the upstream-side passage (Fig 3), and the downstream end of the upstream-side passage is connected to a side surface of the connection part on the exhaust side (Fig 1,3).
As to claim 4, Kuramashi discloses the connection part has an inner peripheral surface having a substantially circular shape, when viewed along the cylinder arrangement direction (Fig 1).
As to claim 5, Kuramashi discloses the upstream-side passage includes a collecting passage (M6,M52) that is connected to end portions of the plurality of independent passages (M1-4) on a downstream side to collect exhaust gas that passes through the plurality of independent passages, and the connection part is connected to a downstream end of the collecting passage (M52 Fig 3).
As to claim 6, Kuramashi discloses wherein the exhaust passage includes a filter (4,3,7) that captures fine particles contained in exhaust gas that passes through the catalyst device, and the filter is disposed at a position on the exhaust side of the catalyst device (Fig 3), the position overlapping with the catalyst device when viewed along the engine width direction (Fig 4,5), and overlapping with the upstream-side passage when viewed along the cylinder arrangement direction (M overlap 4,3,7 Fig 1).
As to claim 8, Kuramashi discloses the exhaust passage includes a connection part that covers an end portion of an upstream end of the catalyst device in a flow direction of exhaust gas from one side in the cylinder arrangement direction (M5, Fig 3), the connection part connecting the upstream end of the catalyst device to a downstream end of the upstream-side passage (Fig 3), and the downstream end of the upstream-side passage is connected to a side surface of the connection part on the exhaust side (Fig 1,3).
As to claim 9, Kuramashi discloses wherein the exhaust passage includes a filter (4,3,7) that captures fine particles contained in exhaust gas that passes through the catalyst device, and the filter is disposed at a position on the exhaust side of the catalyst device (Fig 3), the position overlapping with the catalyst device when viewed along the engine width direction (Fig 4,5), and overlapping with the upstream-side passage when viewed along the cylinder arrangement direction (M overlap 4,3,7 Fig 1).
As to claim 11, Kuramashi discloses wherein the exhaust passage includes a filter (4,3,7) that captures fine particles contained in exhaust gas that passes through the catalyst device, and the filter is disposed at a position on the exhaust side of the catalyst device (Fig 3), the position overlapping with the catalyst device when viewed along the engine width direction (Fig 4,5), and overlapping with the upstream-side passage when viewed along the cylinder arrangement direction (M overlap 4,3,7 Fig 1).
As to claim 13, Kuramashi discloses wherein the exhaust passage includes a filter (4,3,7) that captures fine particles contained in exhaust gas that passes through the catalyst device, and the filter is disposed at a position on the exhaust side of the catalyst device (Fig 3), the position overlapping with the catalyst device when viewed along the engine width direction (Fig 4,5), and overlapping with the upstream-side passage when viewed along the cylinder arrangement direction (M overlap 4,3,7 Fig 1).
As to claim 14, Kuramashi discloses wherein the exhaust passage includes a filter (4,3,7) that captures fine particles contained in exhaust gas that passes through the catalyst device, and the filter is disposed at a position on the exhaust side of the catalyst device (Fig 3), the position overlapping with the catalyst device when viewed along the engine width direction (Fig 4,5), and overlapping with the upstream-side passage when viewed along the cylinder arrangement direction (M overlap 4,3,7 Fig 1).
As to claim 16, Kuramashi discloses the connection part has an inner peripheral surface having a substantially circular shape, when viewed along the cylinder arrangement direction (Fig 1).
As to claim 18, Kuramashi discloses the upstream-side passage includes a collecting passage (M6,M52) that is connected to end portions of the plurality of independent passages (M1-4) on a downstream side to collect exhaust gas that passes through the plurality of independent passages, and the connection part is connected to a downstream end of the collecting passage (M52 Fig 3).
Claims 7,10,12,15,17are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 20180258826 to Kuramashi in view of US Patent 9611777 to Kato as applied to claims above and further in view of US Publication 20190063299 to Kitabatake.
As to claim 7,10,12,15,17, Kuramashi does not expressly disclose a cover that integrally covers at least a portion of the catalyst device and at least a portion of the upstream-side passage.
Kitabatake disclose a cover (4) that integrally covers at least a portion of the catalyst device and at least a portion of the upstream-side passage (Fig 3, shown to cover identical features to Kuramashi Fig 4).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Kuramashi to have a cover that integrally covers at least a portion of the catalyst device and at least a portion of the upstream-side passage using the teachings of Kuramashi so as to improve the performance of keeping the temperature of the exhaust purifier in ideal running range during vehicle use (Kuramashi: Abs).
Claims 10,12,15 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9611777 to Kato as applied to claims above and further in view of US Publication 20190063299 to Kitabatake.
As to claim 10,12,15, Kato does not expressly disclose a cover that integrally covers at least a portion of the catalyst device and at least a portion of the upstream-side passage.
Kitabatake disclose a cover (4) that integrally covers at least a portion of the catalyst device and at least a portion of the upstream-side passage (Fig 3).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Kato to have a cover that integrally covers at least a portion of the catalyst device and at least a portion of the upstream-side passage using the teachings of Kuramashi so as to improve the performance of keeping the temperature of the exhaust purifier in ideal running range during vehicle use (Kuramashi: Abs).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE SAMUEL BOGUE whose telephone number is (571)270-1406. The examiner can normally be reached on M-F 8:00-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached on 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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/JESSE S BOGUE/Primary Examiner, Art Unit 3746