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 .
Response to Amendment
In response to the office action mailed 12/23/2025, applicant amended Claim 1, cancelled Claims 2, 10, 19 and added Claims 21-23. Claims 1, 3-9, 11-18, and 20-23 are currently pending.
Response to Arguments
Applicant's arguments filed 03/23/2026 have been fully considered but they are not persuasive.
Regarding applicant’s argument “Wiegand's cited portions do not teach the specific claim recitation that the body is shaped to engage the distal tip of the fuel injector. The Office Action does not identify the distal tip of the fuel injector at all- let alone engagement of the distal tip of the fuel injector. In fact, Wiegand teaches away from any engagement of the distal tip of the fuel injector.”; Examiner respectfully disagrees. Fig. 2 is reproduced below for discussion with annotations indicating where the distal tip of fuel injector (10) is disclosed as being directly engaged by the interior surface of the body (17) at multiple locations. The distal tip portion is shown comprising the discharge nozzles (11).
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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.
Claim(s) 1, 3-9, 11-18, 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Wiegand (U.S. Pat. 4566634) in view of Fritz et al. (U.S. 2018/0142654A1).
Wiegand (Fig. 2) discloses “The injection device has a nozzle body (10) with a movable valve needle (. At the front end of the nozzle body (10) there is the discharge nozzle (11). The front end of the nozzle body (10) is surrounded by an ejector attachment (17) which has a suction chamber (19). An ejector duct (20) with a mixing nozzle (23) and a diffuser (24) goes from the suction chamber (19) into the fuel chamber (21). Through air ducts (22) opening laterally into the suction chamber (19), air is drawn out of the fuel chamber (21) by the fuel jet leaving the discharge nozzle (11). This air mixes in the driving jet with the fuel, so that at the base of the driving jet there is already an intensive mixture formation.” (Abstract).
Regarding Claim 1, Wiegand discloses: An insert device (Fig. 2), comprising: a body (17) configured to be coupled with an engine (“An injection device for a diesel engine having a combustion chamber, in particular a diesel engine with direct injection”; Claim 1), the body having an interior surface extending around a center axis and shaped to receive and engage a distal tip of a fuel injector (10), wherein the interior surface of the body is sized to directly engage the distal tip of the fuel injector (See Annotated Fig. 2 directly below) the body having gas conduits (22) and mixture conduits (19/20), the gas conduits extending from inlets disposed along an exterior surface of the body to outlets (outlet of gas conduits 22 open into chamber(s) 19) that intersect the mixture conduits(20), the mixture conduits extending from inlets disposed along the interior surface of the body to outlets disposed along the exterior surface of the body (mixture conduits 20 extend from chamber 19 to engine combustion chamber 21), the gas conduits positioned to direct one or more gases outside of the body into the mixture conduits (“Through the air ducts 22, highly compressed air is drawn off from the fuel chamber 21 by the driving jets, and is supplied via the suction chambers 19 to the ejector ducts 20.”; Col. 4 lines 1-7), the mixture conduits positioned to receive fuel from spray holes (11) of the distal tip of the fuel injector (10), the mixture conduits configured to entrain the gas with the fuel into a fuel- and-gas mixture that is directed out of the outlets of the mixture conduits and into a combustion chamber (21) of an engine cylinder (“a mixing duct oriented axially with respect to the discharge nozzle, and leading from the discharge nozzle outlet into the combustion chamber,”; Claim 1).
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Wiegand discloses all the elements of Claim 1 but does not explicitly disclose that the insert device (Fig. 2) coupled to a diesel fuel injector (10) is configured to be coupled with an engine cylinder head.
Fritz discloses “Fuel injectors are used in internal combustion engines to supply fuel to the combustion chambers of the internal combustion engine. For this purpose, various construction methods are known for the implementation of the fuel metering. Fuel injectors are used both in gasoline engines, i.e. externally ignited internal combustion engines, and in internal combustion engines with self-ignition, i.e. in diesel engines or dual-fuel engines. The fuel injectors are often arranged in a bore of the cylinder head. It is also possible to provide the fuel injectors in injector sleeves, which in turn are inserted into the cylinder head of the internal combustion engine.” (¶0002).
“The Court quoting In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006), stated that “‘[R]ejections on obviousness cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.’” KSR, 550 U.S. at ___, 82 USPQ2d at 1396. Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results
Here, it would have been obvious to one skilled in the art at the time of the invention to include the the insert device (Fig. 2) coupled to a diesel fuel injector (10) is configured to be coupled with an engine cylinder head by Combining prior art elements according to known methods to yield predictable results as taught by Fritz into the teachings of Wiegand because it does no more than yield predictable results of coupling a direct injection fuel injector insert device to the cylinder head of a diesel engine in a known and conventional manner to directly deliver fuel to the combustion chamber of a diesel engine for subsequent combustion since it has been held that the combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results (MPEP 2143).
Regarding Claim 3, Wiegand further discloses: wherein the body extends along the center axis from a first end surface (25/26) that faces away from the combustion chamber (21) of the engine cylinder to an opposite second end surface (external profile of insert 17) that faces the combustion chamber (21)of the engine cylinder
Regarding Claim 4, Wiegand further discloses: wherein the body includes one or more of the gas conduits between the first end surface and the mixture conduits (along the axial centerline of the insert 17, at least two laterally extending gas conduits 22 are shown between the first end surface (25/26) and the mixture conduits (20))
Regarding Claim 5, Wiegand further discloses: wherein the body includes one or more of the gas conduits between the second end surface and the mixture conduits (Fig. 2, all at least two gas conduits that are oriented along the axial centerline of the insert (17) are between the second end surface facing the combustion chamber (21) and a pair of angled downward mixture conduits)
Regarding Claim 6, Wiegand further discloses: wherein the body includes at least one of the gas conduits between the first end surface and the mixture conduits (along the axial centerline of the insert 17, at least two laterally extending gas conduits 22 are shown between the first end surface (25/26) and the mixture conduits (20)) and at least one of the gas conduits between the second end surface and the mixture conduits (Fig. 2, all at least two gas conduits that are oriented along the axial centerline of the insert (17) are between the second end surface facing the combustion chamber (21) and a pair of angled downward mixture conduits)
Regarding Claim 7, Wiegand further discloses: wherein the body includes the mixture conduits angled downward from the inlets of the mixture conduits to the outlets of the mixture conduits such that the outlets of the mixture conduits are closer to the second end surface than the inlets of the mixture conduits. (Fig. 2, a pair of mixture conduits (20) are shown angled downwardly with respect to the axial centerline of the insert such that the outlets of the mixture conduits are closer to the second end surface than the inlets of the mixture conduits)
Regarding Claim 8, Wiegand further discloses: wherein the body includes the mixture conduits (20) in locations that are aligned with directions in which fuel spray holes (11) of the distal tip of the fuel injector direct the fuel out of the fuel injector. (Fig. 2, each of the mixture conduits 20 are shown aligned with a respective injector spray hole 11)
Regarding Claim 9, Wiegand further discloses: An insert device, comprising: an annular body (“the ejector attachment 17 has the shape of a spherical segment, the rear wall 25 of which is placed surface-wise against an annular collar 26 of the nozzle body 10 “ Col. 3 line 54-56); configured to be coupled with an engine, the body having an interior surface extending around a center axis and shaped to receive and engage a fuel injector (10) wherein the interior surface of the body is sized to directly engage the distal tip of the fuel injector (See Annotated Fig. 2 above) (“With the embodiment shown, the ejector attachment 17 has the shape of a spherical segment, the rear wall 25 of which is placed surface-wise against an annular collar 26 of the nozzle body 10. The ejector attachment 17 is firmly connected to the nozzle body 10 by welding. This connection could also be effected in another way, e.g. by screws.”); Col. 3) , the body having gas conduits (22) and mixture conduits (20), the gas conduits extending from inlets disposed along an exterior surface (surface adjacent combustion chamber 21) of the body to outlets that intersect (at chamber 19) the mixture conduits (20) between the interior surface and the exterior surface of the body, the mixture conduits extending from inlets (adjacent chamber 19) disposed along the interior surface of the body to outlets disposed along the exterior surface (21) of the body, the gas conduits positioned to direct one or more gases outside of the body into the mixture conduits (“Through the air ducts 22, highly compressed air is drawn off from the fuel chamber 21 by the driving jets, and is supplied via the suction chambers 19 to the ejector ducts 20.”; Col. 4 lines 1-7), the mixture conduits positioned to receive fuel (via ducts 11) from the fuel injector, the mixture conduits configured to entrain the gas with the fuel into a fuel-and-gas mixture that is directed out of the outlets of the mixture conduits and into a combustion chamber of an engine cylinder (“a mixing duct oriented axially with respect to the discharge nozzle, and leading from the discharge nozzle outlet into the combustion chamber,”; Claim 1).
Wiegand discloses all the elements of Claim 1 but does not explicitly disclose that the insert device (Fig. 2) coupled to a diesel fuel injector (10) is configured to be coupled with an engine cylinder head.
Fritz discloses “Fuel injectors are used in internal combustion engines to supply fuel to the combustion chambers of the internal combustion engine. For this purpose, various construction methods are known for the implementation of the fuel metering. Fuel injectors are used both in gasoline engines, i.e. externally ignited internal combustion engines, and in internal combustion engines with self-ignition, i.e. in diesel engines or dual-fuel engines. The fuel injectors are often arranged in a bore of the cylinder head. It is also possible to provide the fuel injectors in injector sleeves, which in turn are inserted into the cylinder head of the internal combustion engine.” (¶0002).
“The Court quoting In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006), stated that “‘[R]ejections on obviousness cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.’” KSR, 550 U.S. at ___, 82 USPQ2d at 1396. Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results
Here, it would have been obvious to one skilled in the art at the time of the invention to include the the insert device (Fig. 2) coupled to a diesel fuel injector (10) is configured to be coupled with an engine cylinder head by Combining prior art elements according to known methods to yield predictable results as taught by Fritz into the teachings of Wiegand because it does no more than yield predictable results of coupling a direct injection fuel injector insert device to the cylinder head of a diesel engine in a known and conventional manner to directly deliver fuel to the combustion chamber of a diesel engine for subsequent combustion since it has been held that the combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results (MPEP 2143).
Regarding Claim 11, Wiegand further discloses: wherein the body extends along the center axis from a first end surface (25/26) that faces away from the combustion chamber (21) of the engine cylinder to an opposite second end surface (external profile of insert 17) that faces the combustion chamber (21)of the engine cylinder
Regarding Claim 12, Wiegand further discloses: wherein the body includes one or more of the gas conduits between the first end surface and the mixture conduits (along the axial centerline of the insert 17, at least two laterally extending gas conduits 22 are shown between the first end surface (25/26) and the mixture conduits (20))
Regarding Claim 13, Wiegand further discloses: wherein the body includes one or more of the gas conduits between the second end surface and the mixture conduits (Fig. 2, all at least two gas conduits that are oriented along the axial centerline of the insert (17) are between the second end surface facing the combustion chamber (21) and a pair of angled downward mixture conduits)
Regarding Claim 14, Wiegand further discloses: wherein the body includes at least one of the gas conduits between the first end surface and the mixture conduits (along the axial centerline of the insert 17, at least two laterally extending gas conduits 22 are shown between the first end surface (25/26) and the mixture conduits (20)) and at least one of the gas conduits between the second end surface and the mixture conduits (Fig. 2, all at least two gas conduits that are oriented along the axial centerline of the insert (17) are between the second end surface facing the combustion chamber (21) and a pair of angled downward mixture conduits)
Regarding Claim 15, Wiegand further discloses: wherein the body includes the mixture conduits angled downward from the inlets of the mixture conduits to the outlets of the mixture conduits such that the outlets of the mixture conduits are closer to the second end surface than the inlets of the mixture conduits. (Fig. 2, a pair of mixture conduits (20) are shown angled downwardly with respect to the axial centerline of the insert such that the outlets of the mixture conduits are closer to the second end surface than the inlets of the mixture conduits)
Regarding Claim 16, Wiegand further discloses: wherein the body includes the mixture conduits (20) in locations that are aligned with directions in which fuel spray holes (11) of the distal tip of the fuel injector direct the fuel out of the fuel injector. (Fig. 2, each of the mixture conduits 20 are shown aligned with a respective injector fuel spray hole 11)
Regarding Claim 17, Wiegand further discloses: An insert device(Fig. 2, 17), comprising: a body configured to be coupled with an engine of an engine cylinder (Claim 1; device coupled to ice engine and associated combustion chamber that comprises a cylinder), the body extending along the center axis from a first end surface (25/26) that faces away from a combustion chamber of the engine cylinder to an opposite second end surface (exterior surface of insert 17 facing combustion chamber 21) that faces the combustion chamber of the engine cylinder, the body having an interior surface extending around a center axis and shaped to receive and engage a distal tip of a fuel injector (“With the embodiment shown, the ejector attachment 17 has the shape of a spherical segment, the rear wall 25 of which is placed surface-wise against an annular collar 26 of the nozzle body 10. The ejector attachment 17 is firmly connected to the nozzle body 10 by welding. This connection could also be effected in another way, e.g. by screws.”); Col. 3) wherein the interior surface of the body is sized to directly engage the distal tip of the fuel injector (See Annotated Fig. 2 above) , the body having gas conduits (22) and mixture conduits (20) , the gas conduits extending from inlets disposed along an exterior surface of the body (surface adjacent combustion chamber 21) to outlets that intersect the mixture conduits (adjacent chamber 19), at least a first gas conduit of the gas conduits disposed between at least one of the mixture conduits and the first end surface of the body (along the axial centerline of the insert 17, at least two laterally extending gas conduits 22 are shown between the first end surface (25/26) and the mixture conduits (20)), at least a second gas conduit of the gas conduits disposed between the at least one of the mixture conduits and the second end surface of the body (Fig. 2, all at least two gas conduits that are oriented along the axial centerline of the insert (17) are between the second end surface facing the combustion chamber (21) and a pair of angled downward mixture conduits), the gas conduits positioned to direct one or more vapors outside of the body into the mixture conduits (“Through the air ducts 22, highly compressed air is drawn off from the fuel chamber 21 by the driving jets, and is supplied via the suction chambers 19 to the ejector ducts 20.”; Col. 4 lines 1-7), the mixture conduits extending from inlets disposed along the interior surface of the body (adjacent chamber 19) to outlets disposed along the exterior surface (21) of the body , the mixture conduits positioned to receive fuel from spray holes (11) of the distal tip of the fuel injector (10), the mixture conduits configured to entrain the gas with the fuel into a fuel-and-gas mixture that is directed out of the outlets of the mixture conduits and into a combustion chamber of an engine cylinder (“a mixing duct oriented axially with respect to the discharge nozzle, and leading from the discharge nozzle outlet into the combustion chamber,”; Claim 1).
Wiegand discloses all the elements of Claim 1 but does not explicitly disclose that the insert device (Fig. 2) coupled to a diesel fuel injector (10) is configured to be coupled with an engine cylinder head.
Fritz discloses “Fuel injectors are used in internal combustion engines to supply fuel to the combustion chambers of the internal combustion engine. For this purpose, various construction methods are known for the implementation of the fuel metering. Fuel injectors are used both in gasoline engines, i.e. externally ignited internal combustion engines, and in internal combustion engines with self-ignition, i.e. in diesel engines or dual-fuel engines. The fuel injectors are often arranged in a bore of the cylinder head. It is also possible to provide the fuel injectors in injector sleeves, which in turn are inserted into the cylinder head of the internal combustion engine.” (¶0002).
“The Court quoting In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006), stated that “‘[R]ejections on obviousness cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.’” KSR, 550 U.S. at ___, 82 USPQ2d at 1396. Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results
Here, it would have been obvious to one skilled in the art at the time of the invention to include the the insert device (Fig. 2) coupled to a diesel fuel injector (10) is configured to be coupled with an engine cylinder head by Combining prior art elements according to known methods to yield predictable results as taught by Fritz into the teachings of Wiegand because it does no more than yield predictable results of coupling a direct injection fuel injector insert device to the cylinder head of a diesel engine in a known and conventional manner to directly deliver fuel to the combustion chamber of a diesel engine for subsequent combustion since it has been held that the combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results (MPEP 2143).
Regarding Claim 18, Wiegand further discloses: wherein the body includes the mixture conduits in locations that are aligned with directions in which fuel spray holes of the distal tip of the fuel injector direct the fuel out of the fuel injector (Fig. 2, each of the mixture conduits 20 are shown aligned with a respective injector fuel spray hole 11)
Regarding Claim 20 Wiegand does not explicitly teach: further comprising a sleeve configured to be disposed between the body and the fuel injector, the sleeve configured to hold a working fluid to cool the body
Fritz discloses further comprising a sleeve configured to be disposed between the body and the fuel injector, the sleeve configured to hold a working fluid to cool the body (Fig. 5; “FIG. 5 shows a further exemplary embodiment. The heat shield 2 is also designed here as a collar of the injector sleeve 7 that surrounds the injector tip 9. [0062] In this exemplary embodiment, the heat dissipation device 3 is designed as a cooling device 11 with cooling channels 14, which communicate with the cooling circuit 10 of the cylinder head 5. A cooling medium 13 can flow through the cooling channels 14. In the region of the heat shield 2, the cooling channel 14, in an embodiment, runs as a circumferential annular channel to ensure the uniform cooling of the heat shield 2.”; ¶0061-0062) in order to ensure uniform cooling (¶0062)and heat dissipation (¶0017) of the insert device.
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the fuel injector insert device of Wiegand to incorporate the teachings of Fritz to include further comprising a sleeve configured to be disposed between the body and the fuel injector, the sleeve configured to hold a working fluid to cool the body in order to ensure uniform cooling (¶0062) and heat dissipation (¶0017) of the insert device.
Regarding Claims 21-23, Wiegand further discloses wherein the interior surface of the body (17) is sized to directly engage the distal tip of the fuel injector (See multiple engagement contact points), such that the inlets of the mixture conduits directly engage and align with spray holes of the fuel injector (See annotated Fig. 2 below; inlet portions (19) of the mixture contacts directly engage the distal end of the fuel injector 10 and align with the spray holes (11))
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Qi et al. (U.S. 10012196B1) discloses “A duct structure for a fuel injector assembly of an engine includes a first ring structure, a plurality of ducts, a plurality of posts, and an engagement structure. The fuel injector assembly includes a fuel injector having a plurality of orifices to discharge fuel. The first ring structure is configured to be coupled to a cylinder head of the engine, and defines a central axis. The ducts are circularly arrayed around the central axis, and are configured to provide passages to the fuel discharged from the fuel injector. The posts connect the ducts to the first ring structure. Further, the engagement structure is configured to engage with the fuel injector to align the ducts with the orifices such that each of the plurality of ducts is configured to receive fuel discharged from a corresponding one of the plurality of orifices.” (Abstract)
This action is a final rejection and closes the prosecution of this application. Applicant’s reply under 37 CFR 1.113 to this action is limited to an appeal to the Patent Trial and Appeal Board, an amendment complying with the requirements set forth below, or a request for continued examination (RCE) to reopen prosecution where permitted. Please note that the Office also offers initiatives that are available to applicants after the close of prosecution. See https://www.uspto.gov/patents/initiatives/uspto-patent-applications-iniatives-timeline for more information.
General information on the Patent Trial and Appeal Board is available at: www.uspto.gov/patents/ptab. The information at this page includes guidance on time limited options that may assist the applicant contemplating appealing an examiner’s rejection. It also includes information on pro bono (free) legal services and advice available for those who are under-resourced and considering an appeal at: https://www.uspto.gov/patents/ptab/free-legal-assistance. The page is best reviewed promptly after applicant has received a final rejection or the claims have been twice rejected because some of the noted assistance must be requested within one month from the date of the latest rejection. See MPEP § 1204 for more information on filing a notice of appeal.
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If applicant should desire to file an after-final amendment, entry of the proposed amendment cannot be made as a matter of right unless it merely cancels claims or complies with a formal requirement made in a previous Office action. Amendments touching the merits of the application which otherwise might not be proper may be admitted upon a showing of good and sufficient reasons why they are necessary and why they were not presented earlier.
A reply under 37 CFR 1.113 to a final rejection must include cancellation of or appeal from the rejection of, each rejected claim. The filing of an amendment after final rejection, whether or not it is entered, does not stop the running of the statutory period for reply to the final rejection unless the examiner holds all of the claims to be in condition for allowance.
If applicant should desire to continue prosecution in a utility or plant application filed on or after May 29, 2000 and have the finality of this Office action withdrawn, an RCE under 37 CFR 1.114 may be filed within the period for reply. See MPEP § 706.07(h) for more information on the requirements for filing an RCE.
The application will become abandoned unless a Notice of Appeal, an after final reply that places the application in condition for allowance, or an RCE has been filed properly within the period for reply, or any extension of this period obtained under either 37 CFR 1.136(a) or (b).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R KIRBY whose telephone number is (571)270-3665. The examiner can normally be reached Telework: M-F, 9a-5p.
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/BRIAN R KIRBY/Examiner, Art Unit 3747
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747
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