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 .
Duplicate Claim Warning
Claim 21 is identical or duplicate of claim 9.
Applicant is advised that should claim 9 be found allowable, claim 21 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
35 USC 112(b) rejections
Claims 5, 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 5 and 9 are rejected because the metes and bounds of the claim cannot be ascertained because of the following reasons.
Regarding claim 5, the recitation of the term "the at least one of the first duct inlet fluid passage" is confusing and lacks antecedent basis.
Regarding claim 9, line 3, the phrase “external manifold” is multiple inclusion of the same element without “said” or “the” (please correct this claim like claim 21).
For examination purposes, the offending limitations above will be interpreted as:
The term "the at least one of the first duct inlet fluid passages" is interpreted to be "the one of the first duct inlet fluid passages."
The term “external manifold” is interpreted as “the external manifold”
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.
Note: the machine translations of the applied foreign references in this application are available with the PCT application PCT/US24/21642 that have already been sent out to Applicant during PCT application examination.
Claims 1-5, 8, 9, and 21, is/are rejected under 35 U.S.C. 102(a1) as being anticipated by JP2014-137028 A2 to Toyota Motor Corp (hereafter Toyota '028).
Regarding claim 1, Toyota '028 teaches an exhaust manifold (6, fig. 1) for integration with a cylinder head (1, fig. 1), the exhaust manifold comprising: a first duct (6, fig. 1) having an interior surface (at indication of 6c in fig. 3) defining a plurality of first duct inlet fluid passages (6a, 6b, fig.1) and a first duct exhaust passage (6c, fig. 1) in fluid receiving communication with the plurality of first duct inlet fluid passages (as shown in fig. 1), a fin (11a, fig. 1) projecting from the interior surface into one of the first duct inlet fluid passages (see 6a in fig. 1, and see para [0033] on page 9 of the machine translation).
Regarding claim 2, Toyota '028 teaches the exhaust manifold of claim 1, wherein the interior surface includes two fins (11a, 21a, fig. 1) projecting into the one of the first duct inlet fluid passages (see para [0033] on page 9the last paragraph on page 2 and para [0049] on page 12 of the machine translation, fig. 1).
Regarding claim 3, Toyota '028 teaches the exhaust manifold of claim 1, wherein the one of the first duct inlet fluid passages has a noncircular cross-section along a plane that intersects the fin (a horizontal plane going through the one of the first duct inlet fluid passages and intersecting the fin (11), as shown in fig. 2, would have a non-circular cross-section).
Regarding claim 4, Toyota '028 teaches the exhaust manifold of claim 1, wherein one of the plurality of first duct inlet fluid passages is defined in part by a first side surface (left-most side substantially vertical side surface shown in fig. 3) and a second side surface (rightmost side substantially vertical side surface shown in fig. 3), the first side surface substantially parallel to the second side surface and the fin (see fin 11 and the first and second side surfaces, as shown in fig. 3).
Regarding claim 5, Toyota '028 teaches, the exhaust manifold of claim 1, wherein the fin has an axial length (measured from an upper end of the fin 11 toward a center of the one of the first duct inlet fluid passages, fig. 3) toward a center of the at least one of the first duct inlet fluid passage (not specifically shown in the figures; however, the one of the first duct inlet fluid passage has a center) greater than a width of the fin (the dimensions of the fin are best shown in fig. 3, and the axial length measured from the upper end of the fin toward a center of the one of the first duct inlet fluid passage is less than the width measured from the left side to the right side of the fin).
Regarding claim 8, Toyota '028 teaches the exhaust manifold of claim 1, wherein separate fins (21a, 22a) project from the interior surface into separate ones (6a, 6b, fig. 1) of the first duct inlet fluid passages (see para [0049] on page 13 of the machine translation).
Regarding claims 9, 21, Toyota '028 teaches a cylinder head (1, fig. 1) comprising: a cylinder head body (1, fig. 1); and an exhaust manifold (6, fig. 1) integrated with the cylinder head body (as shown in fig. 1, 2).
Claims 1, 6, 9, and 21 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by US 2018/0187625 A1 to Ford Global Technologies, LLC (hereafter Ford).
Regarding claim 1, Ford teaches an exhaust manifold (2, fig. 1) for integration with a cylinder head (see para [0022], as shown in fig. 1), the exhaust manifold comprising: a first duct (see the duct in fig. 1 having a plurality of first duct inlet fluid passages 3 in communication with a first duct exhaust passage which is near the indication of y in fig. 1) having an interior surface (partially shown in fig. SA having a range of contours) defining a plurality of first duct inlet fluid passages (3, fig. 1) and a first duct exhaust passage (near indication of yin fig. 1) in fluid receiving communication with the plurality of first duct inlet fluid passages (as shown in fig. 1), a fin (see the fin in the upper interior surface of contour 51 in fig. 5A) projecting from the interior surface into one of the first duct inlet fluid passages (right-most 3 as shown in fig. 1, see also fig. 5A).
Regarding claim 6, Ford teaches the exhaust manifold of claim 1, wherein the fin has a width (from left to right at the upper end of the fin in the contour 51 shown fig. 5A) greater than an axial length (measured from an upper end of the fin towards the center of the one of the first duct inlet fluid passages) of the fin toward a center (see the center of contour 51) of the one of the first duct inlet fluid passages (see fig. 5A).
Regarding claims 9, 21, Ford teaches a cylinder head (see the cylinder head integrated with the exhaust manifold in fig. 1) comprising: a cylinder head body (shown connected to the exhaust manifold, fig. 1 ); and an exhaust manifold (2, fig. 1) integrated with the cylinder head body (see para [0022], as shown in fig. 1).
Claims 1, 7, 9, and 21 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by JP 7-259553 A2 (Ito).
Regarding claim 1, Ito teaches an exhaust manifold (see abstract of the machine translation) for integration with a cylinder head (see abstract of the machine translation), the exhaust manifold comprising: a first duct (see the duct shown in Fig. 1) having an interior surface (interior surface along which exhaust gas flows within the exhaust
manifold) defining a plurality of first duct inlet fluid passages (see left-most inlet fluid passage comprising exhaust passages 1, 2, and rightmost inlet fluid passage comprising exhaust passages 3, 4, Fig. 1) and a first duct exhaust passage (see the first duct exhaust passage to the right of the reference numeral 5, Fig. 1) in fluid receiving communication with the plurality of first duct inlet fluid passages (as shown in
Fig. 1), a fin (6, Fig. 1-2) projecting from the interior surface into one of the first duct inlet fluid passages (see para [0010]-[0011] on page 4 of the Machine Translation).
Regarding claim 7, Ito teaches the exhaust manifold of claim 1, wherein the fin bisects the one of the first duct inlet fluid passages (6, Fig. 1-2), the fin creating an area of two channels for fluid passage separated by the fin within the one of the first duct fluid passages (see the channel above the fin and the channel below the fin, Fig. 1-2).
Regarding claims 9, 21, Ito teaches a cylinder head (see para [0010]-[0011] on page 4 of the Machine Translation) comprising: a cylinder head body (see para [0010]-[0011] on page 4 of the Machine Translation, "cylinder head (not shown)"); and an exhaust manifold (see the exhaust manifold, Fig. 1-2) integrated with the cylinder head body (see para [0010]-[0011] on page 4 of the Machine Translation).
Claims 10 and 12 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by JP 2018-35721 A2 to Mitsubishi Motors Corp (hereafter Mitsubishi).
Regarding claim 10, Mitsubishi teaches an exhaust manifold assembly for integration with a cylinder head (see abstract of the machine translation), the exhaust manifold assembly comprising: a first duct (see the left-most duct having two first duct inlet fluid passages 1 in fig. 3) having a first interior surface (interior surface along
which exhaust gas flows within the exhaust manifold, as shown in fig. 4, 5) defining a plurality of first duct inlet fluid passages (see the leftmost pair of first duct inlet fluid passages 1 in fig. 3); one or more first fins (3, fig. 3, 5) projecting from the first interior surface into one or more of the first duct inlet fluid passages (particularly in the right-most of the left-most pair of first duct inlet fluid passages, as shown in fig. 3); a second duct (see the right-most duct having two first duct inlet fluid passages 1 in fig. 3) having a second interior surface (interior surface along which exhaust gas flows within the exhaust manifold, as shown in fig. 4, 5) defining a plurality of second duct inlet fluid
passages (see the right-most pair of first duct inlet fluid passages 1 in fig. 3); and
one or more second fins (3, fig. 3, 5) projecting from the second interior surface into one or more of the second duct inlet fluid passages (particularly in the left-most of the right-most pair of first duct inlet fluid passages, as shown in fig. 3).
Regarding claim 12, Mitsubishi teaches the exhaust manifold assembly of claim 10, wherein at least one of the plurality of first duct inlet fluid passages has a non-circular cross-section along a plane that intersects one of the first fins or at least one of the plurality of second duct inlet fluid passages has a non-circular cross-section along a plane that intersects one of the second fins (a horizontal plane going through either of the plurality of first duct inlet fluid passages or the plurality of second duct fluid passages and intersecting the respective fin, as shown in fig. 4, would have a non-circular cross-section).
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 10-11, 13, and 14 are rejected under 35 USC 103 as being unpatentable over CN 106762194 A to AVL List Technical Center Shanghai Co LTD (hereafter AVL) in view of Toyota '028
Regarding claim 10, AVL teaches an exhaust manifold assembly for integration with a cylinder head (see abstract of the machine translation), the exhaust manifold assembly comprising: a first duct (12, fig. 1) having a first interior surface (interior surface of the first duct along which exhaust gas flows) defining a plurality of first duct inlet fluid passages (see the two passages near the indication of the C1 in fig. 1);
a second duct (42, fig. 1) having a second interior surface (interior surface of the second duct along which exhaust gas flows) defining a plurality of second duct inlet fluid passages (see the two inlet fluid passages near the indication of C4 in fig. 1 ); but does not teach one or more first fins projecting from the first interior surface into one or more of the first duct inlet fluid passages; one or more second fins projecting from the second interior surface into one or more of the second duct inlet fluid passages. However, in similar art, Toyota '028 teaches a duct (6, fig. 1) having an interior surface (at indication of 6c in fig. 3) defining a plurality of duct inlet fluid passages (6a, 6b, fig. 1), one or more fins (11a, 21a, 12a, 22a, fig. 1) projecting from the interior surface into one or more of the duct inlet fluid passages (see para [0033] on page 9 and para [0049] on page 12 of the machine translation, fig. 1). Accordingly, it would have been obvious to one having
ordinary skill in the art at the time the invention was filed to have utilized the fins of Toyota '028 for each of the first and second ducts of AVL for the purpose of increasing the heat recovery efficiency of the exhaust manifold.
Regarding claim 11, AVL in view of Toyota '028 teaches the exhaust manifold assembly of claim 10, and AVL in view of Toyota teaches wherein at least one of the pluralities of first duct inlet fluid passages includes two of the first fins (11a, 21a, fig. 1 of Toyota '028).
Regarding claim 13, AVL in view of Toyota '028 teaches the exhaust manifold assembly of claim 10, and AVL in view of Toyota teaches wherein at least one of:
an axial length of at least one of the first fins (measured from an upper end of the fin 11 toward a center of the one of the first duct inlet fluid passages, fig. 3 of Toyota '028) measured toward a center of one of the pluralities of first duct inlet fluid passages (not specifically shown in the figures; however, the one of the first duct inlet fluid passage has a center) is greater than a width of the at least one of the first fins (the dimensions of the fin 11 are best shown in fig. 3 of Toyota '028, and the axial length measured from the upper end of the fin 11 toward a center of the one of the first duct inlet fluid passage is less than the width measured from the left side to the right side of the fin
11); and the width of the at least one of the first fins measured toward a center of one of the pluralities of first duct inlet fluid passages is greater than the axial length of the at least one of the first fins.
Regarding claim 14, AVL in view of Toyota '028 teaches the exhaust manifold assembly of claim 10, and AVL in view of Toyota '028 teaches wherein at least one of:
an axial length of at least one of the second fins (measured from an upper end of the fin 11 toward a center of the one of the first duct inlet fluid passages, fig. 3 of Toyota '028) measured toward a center (not specifically shown in the figures; however, the one of the first duct inlet fluid passage has a center) of one of the plurality of second duct inlet fluid passages is greater than a width of the at least one of the second fins (the dimensions of the fin 11 are best shown in fig. 3 of Toyota '028, and the axial length measured from the upper end of the fin 11 toward a center of the one of the first duct inlet fluid passage is less than the width measured from the left side to the right side of the fin 11); and the width of the at least one of the second fins measured toward a center of one of the plurality of second duct inlet fluid passages is greater than the axial length of the at least one of the second fins.
Claims 10, and 17-20 are rejected under 35 USC 103 as unpatentable over AVL in view of WO 13/069139 A1 Toyota Motor Corp (hereafter Toyota '139).
Regarding claim 10 AVL teaches an exhaust manifold assembly for integration with a cylinder head (see abstract of the machine translation), the exhaust manifold assembly comprising: a first duct (12, fig. 1) having a first interior surface (interior surface of the first duct along which exhaust gas flows) defining a plurality of first duct inlet fluid passages (see the two passages near the indication of the C1 in fig. 1);
a second duct (42, fig. 1) having a second interior surface (interior surface of the second duct along which exhaust gas flows) defining a plurality of second duct inlet fluid passages (see the two inlet fluid passages near the indication of C4 in fig. 1); but does not teach one or more first fins projecting from the first interior surface into one or more of the first duct inlet fluid passages; one or more second fins projecting from the second interior surface into one or more of the second duct inlet fluid passages. However, in similar art, Toyota '139 teaches a duct (6, fig. 9) having an interior surface (near reference numeral 6d in fig. 5) defining a plurality of duct inlet fluid passages (6a, 6b, fig. 9), one or more fins (7, 8, fig. 9) projecting from the interior surface into one or more of the first duct inlet fluid passages (see the third paragraph on page 12 of the machine translation). Accordingly, it would have been obvious to one having ordinary skill in the art to have utilized the fins of Toyota '139 for each of the first and second ducts of AVL for the purpose of preventing overheating.
Regarding claim 17, AVL in view of Toyota '139 teaches the exhaust manifold assembly of claim 10, and AVL in view of Toyota '139 teaches wherein the plurality of first duct inlet fluid passages converge at an area downstream of the one or more first fins (see the area downstream of the point wherein the two first duct inlet fluid passages converge in fig. 1 of AVL) into a first duct exhaust passage (at indication of 12 in fig. 1 of AVL) in fluid receiving communication with the plurality of first duct inlet fluid passages (as shown in-fig. 1 of AVL).
Regarding claim 18, AVL in view of Toyota '139 teaches the exhaust manifold assembly of claim 10, and AVL in view of Toyota '139 teaches wherein the plurality of second duct inlet fluid passages converge at an area downstream of the one or more second fins (see the area downstream of the point wherein the two second duct inlet fluid passages converge in fig. 1 of AVL) into a second duct exhaust passage (at indication of 42 in fig. 1 of AVL) in fluid receiving communication with the plurality of second duct inlet fluid passages (as shown in fig. 1 of AVL).
Regarding claim 19, AVL in view of Toyota '139 teaches the exhaust manifold assembly of claim 10, and AVL in view of Toyota '139 teaches wherein the one or more first fins create an area of two channels (on the left and right side of the fin 8 in fig. 9 of Toyota '139) for fluid passage within one or more of the plurality of first duct inlet fluid passages (see fig. 6 of Toyota '139 for better visualization).
Regarding claim 20, AVL in view of Toyota '139 teaches the exhaust manifold assembly of claim 10, and AVL in view of Toyota '139 teaches wherein the one or more second fins create an area of two channels (on the left and right side of the fin 8 in fig. 9 of Toyota '139) for fluid passage within one or more of the plurality of second duct inlet fluid passages (see fig. 6 for better visualization).
Allowable Subject Matter and Reasons for Allowance
Claims 15-16 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
The references cited herein fail to disclose “wherein the one or more first fins bisect one or more of the first duct inlet fluid passages” of claim 15, and “wherein the one or more second fins bisect one or more of the second duct inlet fluid passages”.
The limitations are neither disclosed by a single prior art reference nor rendered obviously by a combination of prior art references. Thus, claims 15-16 are allowable.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gaston, Wales, Laing, and McWhorter disclose exhaust manifolds of ICE having fins around the exhaust ducts.
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
8/26/2026
Prosecution Insights