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 .
Claim Objections
Claims 1-17 are objected to because the preamble of independent claim 1 recites “An exhaust structure of an engine, the exhaust structure comprising”; noted that the engine (and its parts intake passage, engine body) cannot be part of an exhaust structure. The claim has to be directed to a combination of an exhaust structure and engine.
35 USC 102 rejections
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.
Claim(s) 1-3, 7, 9, 11-12 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by US 2018/0258826 (Kuramashi).
Regarding independent claim 1, Kuramashi discloses (paragraphs [0001], [0002], [0037] - [0097]; figures 1-10) discloses an exhaust structure for an engine (E), the exhaust structure comprising: an engine body (E1) in which a plurality of cylinders and a plurality of exhaust ports are formed, the plurality of cylinders being arranged in a cylinder arrangement direction (see [0039]), which is predetermined, the plurality of
exhaust ports extending from the plurality of cylinders; and an exhaust passage (1) through which exhaust gas led out from the engine body (E1) 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, a plurality of exhaust port opening ends are open on a side surface of the engine body (E1) on the exhaust side, the plurality of exhaust port opening ends being outlets of the plurality of exhaust ports, the exhaust passage (1) includes a plurality of independent passages (M1-M4), a collecting passage (M6), a catalyst device (2), and a swirling part (M50), the plurality of independent passages (M1-M4) individually extending in the engine width direction from the plurality of exhaust port opening ends toward the exhaust side, the collecting passage (M6) being connected to end portions of the plurality of independent passages on a downstream side in a flow direction of exhaust gas, the exhaust gas that passes through the plurality of independent passages (M1-M4) being collected in the collecting passage (M6), the catalyst device (2) being provided downstream of the collecting passage (M6) to purify the exhaust gas, the swirling part (M50) connecting the collecting
passage (M6) to the catalyst device (2) to cause the exhaust gas to swirl in the
swirling part (M50), the plurality of independent passages (M1-M4) and the collecting passage (M6) have, as a whole, 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, and the swirling part (M50) has a shape that causes the exhaust gas led out from the collecting passage (M6) to swirl about an axis (L2) extending along the cylinder
arrangement direction.
Regarding claims 2, Kuramashi discloses that wherein the plurality of exhaust port opening ends are located at a center portion in the cylinder arrangement direction of the side surface of the engine body on the exhaust side (paragraphs 34-37, figures 1-2 show that the exhaust port opening ends are at the center portion of the cylinders).
Regarding claims 3, 7, Kuramashi discloses that wherein the catalyst device 2 has a cylindrical shape extending in the cylinder arrangement direction, and the swirling part M50 (figure 6) has a shape that covers an end portion of the catalyst device 2 on an upstream side in the flow direction of the exhaust gas from one side in the cylinder arrangement direction.
Regarding claims 9, 11, 12, Kuramashi discloses that wherein the engine body includes four or more cylinders, and the exhaust ports of the plurality of cylinders whose combustion order is non-consecutive are collected in the engine body (note paragraph [0032] An engine, to which an exhaust device 1 according to a first embodiment is applied, is an in-line four-cylinder gasoline engine (in-line multi-cylinder engine) which is installed to an automotive vehicle. The engine is disposed laterally at a front portion of a FF vehicle).
35 USC 103 rejections
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.
Claims 4-6, 8, 10, 13-17 are rejected under 35 U.S.C. § 103(a) as being unpatentable over U.S. 2018/0258826 (Kuramashi). Kuramashi discloses all the claimed subject matter as set forth above in the rejection of claim 1, but does not disclose the specific shape of the swirling part having an inner peripheral surface having a substantially circular shape when viewed along the cylinder arrangement direction, and a separation distance between the inner peripheral surface of the swirling part and an upstream end of the catalyst device in the cylinder arrangement direction is smaller at an upper area than a lower area. However, according to MPEP 2144.05, II. ROUTINE OPTIMIZATION, A) Optimization Within Prior Art Conditions or Through Routine Experimentation, note In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997); Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"); In re Williams, 36 F.2d 436, 438 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions."). See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007) (identifying "the need for caution in granting a patent based on the combination of elements found in the prior art."). The concept of changing shapes/distances in these claims involves only change of forms/proportions of the materials, or the result of “routine optimization”. It would have been a “routine optimization” to one of ordinary skill in the art at the time the claimed invention was filed to elect the specific sizes and shapes of the swirling part and the separation distance as claimed in Kuramashi for the purpose of obtaining equivalent swirling rate based on the specifically set shapes and distances.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ulrey, Jang, Matsumoto, and Kato disclose exhaust structure of the internal combustion engines having many independent passages and collecting passages connected to catalyst devices.
Conclusions
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Examiner Nguyen whose telephone number is (571) 272-4861. The examiner can normally be reached on Monday--Thursday from 9:00 AM to 7:00 PM.
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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/HOANG M NGUYEN/Primary Examiner, Art Unit 3746
HOANG NGUYEN
PRIMARY EXAMINER
ART UNIT 3746
Hoang Minh Nguyen
6/17/2026
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