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 .
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, 7, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiser et al. (Kiser) (Patent/Publication Number 2011/0030343).
Regarding claims 1 and 15, Kiser discloses a fire fighting vehicle (10, 12) comprising: a chassis (e.g. See Paragraphs [0012]); an engine (12) supported by the chassis and configured to produce exhaust gas (e.g. See Paragraphs [0012] As seen in FIG. 1, a power system 10 includes an engine 12 and an aftertreatment system 14 to treat an exhaust stream 16 produced by the engine 12. ..... The engine 12 may be used to power any machine or other device, including on-highway trucks or vehicles, off-highway trucks or machines, earth moving equipment, generators, aerospace applications, locomotive applications, marine applications, pumps, stationary equipment, or other engine powered applications.) (e.g. See Paragraphs [0012-0014]); and an exhaust aftertreatment system (14) including: a first housing (18) including a first housing inlet fluidly coupled with the engine and configured to receive the exhaust gas (e.g. See Paragraphs [0013-0014]); a diesel oxidation catalyst (DOC) (26) disposed within the first housing, the DOC positioned to receive the exhaust gas from the first housing inlet (e.g. See Paragraphs [0013-0014]); a diesel particulate filter (DPF) (28) disposed within the first housing, the DPF positioned to receive the exhaust gas from the DOC (e.g. See Paragraphs [0013-0014]); a second housing (40) including a second housing inlet configured to receive the exhaust gas from the first housing (e.g. See Paragraphs [0016-0017]); a selective catalytic reduction catalyst (SCR) (42, 22) disposed within the second housing, the SCR positioned to receive the exhaust gas from the second housing inlet (e.g. See Paragraphs [0013] The aftertreatment system 14 includes an exhaust conduit 18, a heat source 20, a Selective Catalytic Reduction (SCR) system 22, and a control system 24. The aftertreatment system 14 may also include a diesel oxidation catalyst (DOC) 26, a diesel particulate filter (DPF) 28, and a clean up catalyst 29 or other exhaust treatment devices upstream, downstream, or within the SCR system 22.) (e.g. See Paragraphs [0013-0014, 0016-0017]); and a thermal management system (20) including a heater (30, 20, 90) coupled with at least one of the first housing or the second housing (e.g. See Paragraphs [0015] The heat source 20 may embody a burner 30 including a combustion head 32 and a housing 33. The housing 33 may contain a flame 35 generated by the combustion head 32. The housing 33 may also route the exhaust stream 16 to be heated by the burner 30. The burner 30 may receive a supply of fuel and may also include an ignition source and air supply to generate the flame 35. In alternative embodiments the heat source 20 may not employ a fuel-fired burner 30. The heat source 20 may embody an electric heating element, microwave device, or other heat source. The heat source 20 may also embody operating the engine 12 under conditions to generate elevated exhaust stream 16 temperatures.) (e.g. See Paragraphs [0015-0017]); and a first heater (30) coupled with the first housing; a second heater (90) coupled with the second housing; and a heater control unit (60) electrically coupled with the first heater and the second heater, the heater control unit configured to supply power to the first heater and the second heater (e.g. See Paragraphs [0047] The injector 50 may also include an injector heater 90 to prevent formation of or remove deposits 82 from inside or on the injector 50. The injector heater 90 may be located in, around, or proximate to the injector tip 54 or otherwise located to apply heat to the injector 50. The injector heater 90 may consist of an electric resistance-heating coil connected to a power source. The injector heater 90 may also consist of another heat source. The injector heater 90 may be connected to the controller 60 or otherwise controlled to activate periodically or when predetermined conditions are met.) (e.g. See Paragraphs [0015, 0024, 0026, 0035-0036, 0047-0048]).
Regarding claim 2, Kiser further discloses wherein the thermal management system includes a heater control unit (24) electrically coupled with the heater and configured to supply power to the heater (e.g. See Paragraphs [0024] Control system 24 includes a controller 60, engine connection 62, heat source connection 64, DPF sensor system 66, reductant system connection 68, and SCR monitoring system 70. The engine connection 62 receives data from the engine 12 and machine and may provide control signals to the engine 12. The heat source connection 64 activates the heat source 20 when ordered by the controller 60.) (e.g. See Paragraphs [0015, 0024, 0035, 0047]).
Regarding claims 3, 16, Kiser further discloses wherein the heater control unit is positioned laterally between a first frame rail and a second frame rail of the chassis (e.g. See Paragraphs [0015, 0024, 0035, 0047]).
Regarding claim 4, Kiser further discloses wherein the heater control unit extends at least partially above the chassis (e.g. See Paragraphs [0036] Controller 60 receives data from SCR monitoring system 70 and controls the operation of the heat source 20. When the controller 60 orders the heat source 20 to activate, temperatures associated with the SCR monitoring system 70 are reported to the controller 60 from the SCR monitoring system 70. The controller 60 calculates or determines whether a sufficient temperature has been reached in the SCR system 22 for a sufficient amount of time to decompose any deposits 82 that may be present. If not, the controller 60 will order the heat source 20 to provide more heat for longer.) (e.g. See Paragraphs [0015, 0024, 0035-0035, 0047]).
Regarding claim 7, Kiser further discloses wherein the heater control unit is positioned at least partially below a top surface of the chassis (e.g. See Paragraphs [0015, 0024, 0035-0035, 0047]).
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 9, 12, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kiser et al. (Kiser) (Patent/Publication Number 2011/0030343) in view of Stoltz et al. (Stoltz) (Patent/Publication Number US 2022/0364488).
Regarding claims 9, 12, 14, and 17, Kiser discloses all the claimed limitations as discussed above except an alternator mechanically driven by the engine and electrically coupled to the heater control unit to supply power to the heater control unit.
Stoltz teaches that it is conventional in the art, to use an alternator (332) mechanically driven by the engine and electrically coupled to the heater control unit to supply power to the heater control unit (321, 324) (e.g. See Paragraphs [0109] The prime mover 302 may engage with a belt 330. The belt 330 may provide an engagement location (power connection P0-A) to provide power to the electric heater control 324 and electric heater 326. The belt 330 may engage with an alternator 332. ....) (See Paragraphs [0106-0110, 0225]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, to use the alternator mechanically driven by the engine and electrically coupled to the heater control unit to supply power to the heater control unit of Kiser, as taught by Stoltz for the purpose of supplying electric power to the heater, so as to increase the temperature of the exhaust aftertreatment system, so as to reduce the poisoned materials in the purifying catalyst and to reduce amount of nitrogen oxides in the exhaust gas of the lean-burn engine, 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 system.
Allowable Subject Matter
Claims 19-20 are allowed.
Claims 5-6, 8, 10-11, 13, and 18 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.
Allowable Subject Matter
The following is an examiner's statement of reasons for allowance: The prior art fails to disclose or render obvious the claimed combination including a thermal management system including: a heater coupled with at least one of the first housing or the second housing; and a heater control unit electrically coupled with the heater and configured to supply power to the heater; wherein the heater control unit is positioned laterally between a first frame rail and a second frame rail of the chassis; and wherein the heater control unit at least one of: extends at least partially above the chassis; is positioned at least partially below a top surface of the chassis; is positioned at least partially under the pump system; or is positioned at least partially rearward of the pump system.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and consists of seven patents:
Denis et al. (Pat./Pub. No. US 2017/0234194), Harrington et al. (Pat./Pub. No. US 12442322), Volmerding et al. (Pat./Pub. No. US 12104545), Bleckmann et al. (Pat./Pub. No. US 2022/0381174), Cunningham et al. (Pat./Pub. No. US 2022/0178286), Bruce et al. (Pat./Pub. No. US 2016/0114790), and McCarthy et al. (Pat./Pub. No. US 2023/0174050), 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
September 04, 2026
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