DETAILED ACTION
Receipt and entry of Applicant’s Preliminary Amendment dated October 06, 2025 is acknowledged.
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 23-25, 27-29, 33-38, and 40-44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murata et al. (Murata) (Patent/Publication Number US 2018/0058282).
Regarding claims 23 and 35, Murata discloses an exhaust train (12, 22, 20, 24, 32, 34, 36S, 36U, 52, 54) for a motor vehicle comprising an arrangement of line components (14, 18, 78) and an apparatus for leading off condensed water (e.g. See Paragraphs [0036] There are cases in which water vapor, which is contained in the exhaust that flows through the exhaust pipe 14, condenses (liquefies) due to a drop in temperature of the exhaust that is in the midst of flowing through the exhaust pipe 14, or the like, and the moisture LW is generated within the exhaust pipe 14.) (e.g. See Paragraphs [0026-0028, 0036]), said apparatus comprising a housing (12, 32, 42, 52, 62, 72) having an inlet to be brought into fluid communication with the line component and an outlet leading into the atmosphere (e.g. See Paragraphs [0032] A fiber material 24 is disposed in the through-hole 22. The fiber material 24 is formed of glass wool, ceramic wool, stainless steel wool, rock wool, carbon fibers, or the like. The fiber material 24 has the property of having wettability that is high to the extent that, when moisture LW contacts a portion of the fiber material 24, the moisture LW wets the fiber material 24 and spreads therein due to capillary action. In other words, the fiber material 24 has the property that the contact angle of the moisture LW is small.) (e.g. See Paragraphs [0032-0033, 0036-0040]), wherein the inlet (14A) and the outlet (14B) are arranged at a spacing from one another and a discharge element (24, 54) composed of a porous material is arranged between the inlet and the outlet in the housing (e.g. See Paragraphs [0039] In particular, in a state in which the moisture LW has seeped into the fiber material 24 due to capillary action, the pores (the spaces between the fibers) of the fiber material 24 are blocked-up by the moisture LW. Therefore, the effect of suppressing exhaust passing-through the pores of the fiber material 24 and flowing-out to the exterior of the exhaust pipe 14 is strong.) (e.g. See Paragraphs [0026, 0032-0033, 0036-0040]), wherein the housing of the apparatus (72) for leading off condensed water is fastened to one of the line components (74, 76) and an opening is provided in the line component, said opening providing a fluid connection to the inlet of the housing (e.g. See Paragraphs [0069] In the sixth embodiment, the two flange portions 74 are fastened by fastening members such as the bolts 76 or the like. Because the fiber material 24 can be compressed and held by the fastening force of these fastening members, falling-out of the fiber material 24 can be suppressed.) (e.g. See Paragraphs [0058-0059, 0066-0071]).
Regarding claims 24, Murata further discloses wherein the housing has a fastening flange (74, 76) that is configured for a placement against a lower outer wall of the line component, with the outlet being formed in or at a lower side of the housing disposed opposite the fastening flange (e.g. See Paragraphs [0069] In the sixth embodiment, the two flange portions 74 are fastened by fastening members such as the bolts 76 or the like. Because the fiber material 24 can be compressed and held by the fastening force of these fastening members, falling-out of the fiber material 24 can be suppressed.) (e.g. See Paragraphs [0058-0059, 0066-0071]).
Regarding claims 25, Murata further discloses wherein a vertical axis of the housing is defined by the oppositely disposed arrangement of the fastening flange and the lower side and the spacing (14D) between the inlet and the outlet has a horizontal component with respect to the vertical axis (e.g. See Paragraphs [0069] In the sixth embodiment, the two flange portions 74 are fastened by fastening members such as the bolts 76 or the like. Because the fiber material 24 can be compressed and held by the fastening force of these fastening members, falling-out of the fiber material 24 can be suppressed.) (e.g. See Paragraphs [0058-0059, 0066-0071]).
Regarding claims 27, Murata further discloses wherein the lower side of the housing has at least one bulge (44, 44A) (e.g. See Paragraphs [0050-0055]).
Regarding claims 28, Murata further discloses wherein the discharge element comprises at least one capillary body composed of a fiber material (e.g. See Paragraphs [0039] In particular, in a state in which the moisture LW has seeped into the fiber material 24 due to capillary action, the pores (the spaces between the fibers) of the fiber material 24 are blocked-up by the moisture LW. Therefore, the effect of suppressing exhaust passing-through the pores of the fiber material 24 and flowing-out to the exterior of the exhaust pipe 14 is strong.) (e.g. See Paragraphs [0032-0034, 0038-0039, 0058-0059]).
Regarding claims 29, Murata further discloses wherein the discharge element comprises at least one capillary body composed of a sintered metal (e.g. See Paragraphs [0070] Note that, in the above-described respective embodiments, the fiber material is used as an example of the porous body, but, other than this, for example, a sintered body in which powder solids are sintered and fixed together, or active carbon, zeolite, non-woven cloth, or the like may be used.) (e.g. See Paragraphs [0048, 0070]).
Regarding claims 33, Murata further discloses wherein an arrangement of spaced-apart holes (38) or slots is provided as the outlet (e.g. See Paragraphs [0043-0046]).
Regarding claims 34, Murata further discloses wherein nubs (34, 36S, 36U) and/or beads are embossed into the housing as a positioning aid for the discharge element (e.g. See Paragraphs [0043] The punched plates 36S, 36U are members in which plural punch holes 38 are formed in plate members, which can cover the through-hole 22, in the thickness direction of the plate members. An inner diameter 38N of the punch holes 38 is smaller than the inner diameter 22N of the through-hole 22. The punched plate 36S supports the fiber material 24 from the outer side of the exhaust pipe 14, i.e., from the lower side of the fiber material 24, and is an example of a supporting member 34.) (e.g. See Paragraphs [0043-0046]).
Regarding claims 36, Murata further discloses wherein the exhaust train (14) comprises an exhaust gas treatment device, such as a catalytic converter (18) or a particulate filter, and a rear muffler (78), with the apparatus for leading off condensed water being integrated into the exhaust train downstream of the exhaust gas treatment device and/or upstream of rear muffler (e.g. See Paragraphs [0029-0030, 0073]).
Regarding claims 37, Murata further discloses wherein the housing is welded, screwed or clamped to the line component (e.g. See Paragraphs [0066-0069]).
Regarding claims 38, Murata further discloses wherein the exhaust train has a middle muffler having an inner shell and an outer shell, with the line component being formed by the inner shell of the middle muffler and the housing being formed by the outer shell (e.g. See Paragraphs [0073] It suffices for the position at which the communicating portion is provided to be at the exhaust pipe at further toward the downstream side than the catalyst device 18. In the examples shown in FIG. 1 and FIG. 7, a muffler 78 is provided, as a portion of the exhaust pipe, further toward the downstream side than the catalyst device 18. Further, depending on the type of the exhaust pipe 14, there are cases in which the muffler 78 is at the portion 14Q that is positioned relatively toward the lower side. In this case, a structure in which the communicating portion 20 is provided at the muffler 78 may be employed.) (e.g. See Paragraphs [0073]).
Regarding claims 40, Murata further discloses wherein the opening is a slit that extends transversely to the direction of flow and that is formed by a cut into the inner shell and by a wall section of the inner shell that is bent in the direction of the outer shell, starting from the cut (e.g. See Paragraphs [0069-0073]).
Regarding claims 41, Murata further discloses wherein at least two openings are provided in the line component that provide respective fluid connections to the inlet of the housing, with one of the openings being arranged in the region of an upstream end of the housing and the other opening being arranged in the region of a downstream end of the housing (e.g. See Paragraphs [0031] In the first embodiment, the through-hole 22 has an inner diameter 22N that is smaller than an inner diameter 14N of the exhaust pipe 14, and is a hole that passes-through a pipe wall 14W of the exhaust pipe 14 in the thickness direction. The interior and the exterior of the exhaust pipe 14 are communicated in the thickness direction of the exhaust pipe 14 by the through-hole 22. The through-hole 22 is an example of a communicating portion 20.) (e.g. See Paragraphs [0030-0034]).
Regarding claims 42, Murata further discloses wherein one of the openings is arranged in the region of a radial projection of the inner shell (e.g. See Paragraphs [0030-0034]).
Regarding claims 43, Murata further discloses wherein one of the openings is arranged downstream of a radially inwardly facing ramp section of the inner shell (e.g. See Paragraphs [0030-0034]).
Regarding claims 44, Murata further discloses wherein a plug (24, 46) composed of porous material is inserted into the outer shell as the discharge element (e.g. See Paragraphs [0030-0034, 0052-0053]).
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.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Murata et al. (Murata) (Patent/Publication Number US 2018/0058282) in view of design choice.
Regarding claim 26, Murata discloses all the claimed limitation as discussed above except the horizontal component amounts to at least 1 cm and at most 60 cm.
Regarding the specific range of the horizontal component amounts, it is the examiner’s position that a range at least 1 cm and at most 60 cm of the horizontal component amount, would have been an obvious matter of design choice well within the level of ordinary skill in the art, depending on variables such as mass flow rate of the exhaust gas, as well as the size of the engine, properties of materials for making the exhaust water collector, and the controlled temperature of the exhaust gas system. Moreover, there is nothing in the record which establishes that the claimed parameters present a novel or unexpected result, and such modification, i.e. choosing from a finite number of predictable solutions, is not of innovation but of ordinary skill and common sense. (See KSR International Co. v. Teleflex Inc., 550 U.S.--, 82 USPQ2d 1385 (April 30, 2007)).
Under some circumstances, however, changes such as these may impart patentability to a process if the particular ranges claimed produce a new and unexpected result which is different in kind and not merely in degree from the results of the prior art. In re Dreyfus, 22 CCPA (Patents) 830, 73 F.2d 931, 24 USPQ 52; In re Waite et al., 35 CCPA (Patents) 1117, 168 F.2d 104, 77 USPQ 586. Such ranges are termed "critical" ranges, and the applicant has the burden of proving such criticality. In re Swenson et al., 30 CCPA (Patents) 809, 132 F.2d 1020, 56 USPQ 372; In re Scherl, 33 CCPA (Patents) 1193, 156 F.2d 72, 70 USPQ 204. However, even though applicant's modification results in great improvement and utility over the prior art, it may still not be patentable if the modification was within the capabilities of one skilled in the art. In re Sola, 22 CCPA (Patents) 1313, 77 F.2d 627, 25 USPQ 433; In re Normann et al., 32 CCPA (Patents) 1248, 150 F.2d 627, 66 USPQ 308; In re Irmscher, 32 CCPA (Patents) 1259, 150 F.2d 705, 66 USPQ 314. More particularly, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Swain et al., 33 CCPA (Patents) 1250, 156 F.2d 239, 70 USPQ 412; Minnesota Mining and Mfg. Co. v. Coe, 69 App. D.C. 217, 99 F.2d 986, 38 USPQ 213; Allen et al. v. Coe, 77 App. D.C. 324, 135 F.2d 11, 57 USPQ 136.
Claims 30-32, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Murata et al. (Murata) (Patent/Publication Number US 2018/0058282) in view of Hunt (Patent/Publication Number US 2006/0117754).
Regarding claims 30, Murata discloses all the claimed limitation as discussed above except that the housing comprises a tub-like base part having a tub bottom and a one-sided tub opening, with the tub bottom forming a fastening flange, a recess of the tub bottom forming the inlet and the one-sided tub opening being covered by a cover part in which the outlet is provided.
Hunt teaches that it is conventional in the art, to use the housing comprises a tub-like base part (135) having a tub bottom and a one-sided tub opening, with the tub bottom forming a fastening flange (421a, 421b), a recess of the tub bottom forming the inlet and the one-sided tub opening being covered by a cover part in which the outlet is provided (e.g. See Paragraphs [0034] FIG. 5 is fragmented sectional view of the apparatus of FIG. 4, as taken along 5-5 of FIG. 4. As shown in FIG. 5, the screen 132 separates the exhaust pipe 130 from the drain channel 135. Fasteners 421a and 421b are also illustrated in FIG. 5, in one exemplary configuration for attaching the drain channel 135 and screen 132 to the exhaust pipe 130.) (e.g. See Paragraphs [0021, 0033-0034]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, to use the housing comprises a tub-like base part having a tub bottom and a one-sided tub opening, with the tub bottom forming a fastening flange, a recess of the tub bottom forming the inlet and the one-sided tub opening being covered by a cover part in which the outlet is provided of Murata, as taught by Hunt for the purpose of absorbing the water from the exhaust gas of an internal combustion engine, so as to reduce the water vapor in the exhaust aftertreatment device, 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.
Regarding claims 31, Hunt further discloses wherein the housing comprises a cup-shaped deep-drawn part having a one-sided cup opening and a peripheral marginal strip, with the one-sided cup opening forming the inlet and the marginal strip forming the fastening flange (e.g. See Paragraphs [0033] FIG. 4 is another cross-sectional view of the apparatus of FIG. 1, as taken along 4-4 of FIG. 1, illustrating additional features than can be provided. As depicted in FIG. 4, the exhaust pipe can 130 include a drain channel 135 that is mechanically coupled to the exhaust pipe 130. The drain channel 135 can be composed of a material such as, but not limited to, stainless steel, aluminum alloy, plastic, resin, and graphite composite. As shown in the example depicted in FIG. 4, the drain channel 135 is coupled to the exhaust pipe 130 with connectors (421a and 421b) such as screws, rivets, bolts, etc. ......) (e.g. See Paragraphs [0021, 0033-0034]).
Regarding claims 32, Hunt further discloses wherein the housing comprises a sleeve at least partly engaging around the line component (e.g. See Paragraphs [0033-0034; 0037-0038]).
Regarding claims 39, Hunt further discloses wherein a damping material (121, 231) is arranged between the inner shell and the outer shell, with the opening leading into a collection chamber left free by damping material (e.g. See Paragraphs [0019; 0029]).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and consists of seven patents:
Ishikawa et al. (Pat./Pub. No. US 2024/0408534), Bradford et al. (Pat./Pub. No. US 2017/0241317), Borla et al. (Pat./Pub. No. US 9174143), Wirth et al. (Pat./Pub. No. US 2008/0148721), Andrews et al. (Pat./Pub. No. US 2002/0070124), Miller et al. (Pat./Pub. No. US 4610700), and Miyairi et al. (Pat./Pub. No. US 2016/0333757), 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
August 02, 2026
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