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 § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akahani et al. (US 2022/0333871) in view of Ishihata et al. (JP 2007-303424).
In Reference to Claim 1
(See Akahani, Figures 1-4)
Akahani et al. (Aka) discloses:
An exhaust heat recovery device, comprising:
a first exhaust pipe (40) (See Aka, Paragraph [0037]);
a second exhaust pipe (30) into which a downstream end part of the first exhaust pipe (40) is inserted, forming a gap (A) between the second exhaust pipe (30) and an outer periphery of the first exhaust pipe (40), through which exhaust gas can flow (See Aka, Paragraph [0037]);
a third exhaust pipe (20,60) provided so as to surround the downstream end part of the first exhaust pipe (40) and the second exhaust pipe (30) (See Aka, Paragraph [0037]);
an annular heat recovery material (10) that is provided between the second exhaust pipe (30) and the third exhaust pipe (20,60), through which the exhaust gas passes inside, and that performs heat exchange with a medium flow path provided on an outer periphery of the third exhaust pipe (20,60) (See Aka, Paragraphs [0044]-[0060]);
a valve (80) that opens and closes the second exhaust pipe (30), located downstream of the portion of the second exhaust pipe (30) into which the first exhaust pipe (40) is inserted (See Aka, Paragraphs [0124]-[0126]); and
wherein when the valve (80) is closed, the exhaust gas passes through the gap (A) and is guided to the heat recovery material (10) , and when the valve (80) is open, the exhaust gas bypasses the heat recovery material (10) and is guided to the third exhaust pipe (20,60). (See Aka, Paragraphs [0124]-[0126]).
Aka discloses the claimed invention except:
a bearing member for the valve provided between the second exhaust pipe and the third exhaust pipe; the bearing member connects to and retains the second exhaust pipe and the third exhaust pipe, and seals between the rotary shaft of the valve and the second exhaust pipe.
Ishihata et al. (Ish) discloses an exhaust heat recovery device with a valve. (See Ish, Paragraph [0001]). Ish discloses a bearing member for a switching valve provided between a concentrically arranged inner and outer exhaust pipes; the bearing member connects to and retains the inner exhaust pipe and the outer exhaust pipe, and seals between the rotary shaft of the valve and the inner exhaust pipe. (See Ish, Figure 9, Paragraphs [0024]-[0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the bearing structure of Ish for the valve of Aka, as both references are directed towards exhaust heat recovery devices with a valve. One of ordinary skill in the art would have recognized that the bearing structure of Ish would have prevented the introduction of foreign objects and the generation of abnormal noises resulting from foreign matter in the flow path switching valve provided on exhaust system components installed in the exhaust system of internal combustion engines. (See Ish, Paragraph [0008]).
In Reference to Claim 2
(See Akahani, Figures 1-4)
The Aka-Ish combination discloses:
a pressing member (i.e.-insulating mat) provided between the second exhaust pipe (30) and the heat recovery material (10) to press the second exhaust pipe (30) and the heat recovery material (10) against each other in a radial direction; wherein the pressing member (30) allows relative thermal deformation between the second exhaust pipe (30) and the heat recovery material (10) in the longitudinal direction of the second exhaust pipe (30). (See Aka, Paragraph [0086])
The Examiner notes that the heat insulating mat of Aka constitutes a pressing member as it is between the heat recovery material and the second exhaust pipe and additionally as the heat recovery material will have thermal expansion in all directions, the pressing member will provide at least some force in a radial direction.
In Reference to Claim 3
(See Ish, Figure 9 as annotated by Examiner below)
The Aka-Ish combination discloses:
wherein the bearing member is tubular (41a,41b) and has a sliding part on which the outer circumferential surface of the rotating shaft (23b) slides, and further contains:
a first part (B) that retains and seals the end surface of the bearing member (41a,41b) and the second exhaust pipe; a second part (C) that retains and seals an outer circumferential surface of the bearing member (41a,41b) and the third exhaust pipe; and a seal member (43-45, 42b) that seals the rotary shaft (23b) and an end part of the sliding part within the bearing member (41a,41b).
The Aka-Ish combination is silent as to the how the connections of the first part (B) and the second part (C) are formed. However, Aka discloses utilizing stainless steel material to form exhaust heat recovery device and connections of said material via welding to fix the pieces together. (See Aka, Paragraphs [0067],[ 0071], & [0120]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have welded the first part and second part in order to properly and rigidly fit the piping and bearing member in place to prevent movement of components and properly seal the exhaust passages with the bearing member.
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In Reference to Claim 4
(See Ish, Figure 9 as annotated by Examiner below)
The Aka-Ish combination discloses:
wherein the second exhaust pipe further includes a first part (B) to the bearing member (41a,41b); and
the valve has a shape corresponding to the flow path cross-section of the second exhaust pipe. (See Aka, Paragraphs [0124]-[0126]). The Examiner notes that the valve is an on/off valve and shaped corresponding to the flow path of the second exhaust pipe to which is turns on and off.
The Aka-Ish combination is silent as to the how the connections of the first part (B) are formed. However, Aka discloses utilizing stainless steel material to form exhaust heat recovery device and connections of said material via welding to fix the pieces together. (See Aka, Paragraphs [0067],[ 0071], & [0120]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have welded the first part in order to properly and rigidly fit the piping and bearing member in place to prevent movement of components and properly seal the exhaust passages with the bearing member. Additionally, the connection points of the second pipe to the bearing are flat and thus the welds or at least a portion of the welds would be formed flat.
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In Reference to Claim 5
(See Ish, Figure 9 as annotated by Examiner below)
The Aka-Ish combination discloses the claimed invention except:
Wherein the bearing member is made of stainless steel.
The Aka-Ish combination is silent as to the how the connections of the first part (B) are formed and the material for the outer bearing member. However, Aka discloses utilizing stainless steel material to form exhaust heat recovery device and connections of said material via welding to fix the pieces together. (See Aka, Paragraphs [0067],[ 0071], & [0120]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the outer cylinder of the bearing member stainless steel and welded the first part in order to properly and rigidly fit the piping and bearing member in place to prevent movement of components and properly seal the exhaust passages with the bearing member.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kawaguchi, Sloss, Burgers, and Nohl show exhaust heat exchanger devices within the general state of the art of invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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