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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is/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.
In claim 16, the limitation “wherein the gas is hydrogen,” rendering the claim indefinite because the “gas” recited in line 1 of claim 1 is not a positively recited element. However, the “gas” in line 1 of claim 14, is positively recited to be a “hydrogen” gas. The terms “for" in line 1 of claim 1 clearly indicates that the “gas” is not a positively recited element (an optional/functional element in the claimed invention). However, the “gas” in claim 16 is positively recited to be to be a “hydrogen” gas (a must in the claimed invention). Therefore, the claim is indefinite because the claim is ambiguous and fails to define the metes and bounds of the subject matter to be protected by the patent grant.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 16 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The “gas” recited in line 1 of claim 1 is not a positively recited element. Therefore, claim 16 fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
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(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hafner et al. (DE10319920 (See English translation by Google Patents). Hafner hereinafter) in view of Goetzke et al. (US 5328094. Goetzke hereinafter).
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by.
With respect to claim 1, Hafner discloses an injector (10. Figs. 1-10) for (capable of) injecting gas, comprising:
an injector housing (13) for holding injector components,
a valve needle (14, lower part) which is arranged movably along a (vertical) longitudinal axis of the injector housing and is configured to (capable of) selectively close or open at least one injection opening (30. Figs. 2 and 6) for a flow of gas through it,
a valve (14, 15, 19) which is configured to (capable of) transfer the valve needle into a closing or releasing state by a movement along the longitudinal axis of the injector housing, and wherein
the valve needle is a hollow needle (Fig. 1) configured to (capable of) guide the gas flowing through an injection port (of 16) through an interior (16) of the hollow needle and a valve plate (28).
Hafner fails to disclose a check valve located on a side of a valve plate facing away from the valve needle.
However, Goetzke teaches an injector (10. Figs. 1-8) for (capable of) injecting gas, comprising: an injector housing (11 and 12) for holding injector components, a valve needle (24) which is arranged movably along a (vertical) longitudinal axis of the injector housing and is configured to (capable of) selectively close or open at least one injection opening (40) for a flow of gas through it, a valve (24, 22, 28, 30) which is configured to (capable of) transfer the valve needle into a closing or releasing state by a movement along the longitudinal axis of the injector housing, and a check valve (19, 20) located on a (downstream) side of a valve plate (22) facing away from the valve needle.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of adding a check valve on the downstream side of a valve plate, as taught by Goetzke, to Hafner’s injector, in order to prevent back flow of fuel or combustion gases from the combustion chamber and spray tip into the plunger pump location (Col. 1, lines 17-21 and Fig. 1).
With respect to claim 2, Hafner’s injector modified by Goetzke’s check valve, Hafner and Goetzke further disclose wherein the injector is further configured to (capable of) guide all of the gas flowing through the injection port through the interior of the hollow needle (Fig. 1), wherein the check valve is positioned within the injector housing, and wherein the check valve is further positioned between the at least one injection opening (defined by 17)and the valve needle.
With respect to claim 3, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the hollow needle comprises, starting from its interior, at least one flow channel (flow channels 18A-18C. Fig. 2) extending laterally outwardly.
With respect to claim 4, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the hollow needle comprises a flange-shaped projection (projection 56. Fig. 3) at its (lower) end facing the at least one injection opening which serves to seal the at least one injection opening (30) located in the valve plate (28).
With respect to claim 5, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the valve comprises an armature element (14, 15, 19) which is movable relative to the longitudinal axis of the hollow needle and (at least 19) is firmly connected to the hollow needle.
With respect to claim 6, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the armature element comprises a through hole (defined by 14, 15, 19) for (capable of) passing gas from a connection side (at 11) of the injector to the interior of the hollow needle.
With respect to claim 7, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the armature element and the hollow needle consist of different (two separated) materials (14 and 19 is not monolithic).
With respect to claim 8, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses the injector according to claim 5, further comprising a spring (21) which is configured to (capable of) urge the armature element in a (downward) direction away from a connection side (at 11), to bias the hollow needle connected to the armature element in the direction of the at least one injection opening.
With respect to claim 9, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses the injector according to claim 1, further comprising a needle guide (17) which is arranged in the injector housing, circumferentially surrounds the hollow needle on its outer side and is configured to (capable of) permit only a movement of the hollow needle parallel to its longitudinal direction.
With respect to claim 10, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses the injector according to claim 9, wherein the hollow needle on its outer side and/or the needle guide on its inner side comprises/comprise a coating for sliding ([0058] or page 4, line 22 of the English translation).
With respect to claim 11, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein at least one guide tape (55, 56. Same configuration as the Applicant’s invention) is arranged between the hollow needle and the needle guide, which guide tape serves as a sliding partner ([0058] or page 4, lines 9-13 of the English translation) between the hollow needle and the needle guide.
With respect to claim 12, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the valve is a solenoid valve (15) and comprises an annular solenoid coil circumferentially surrounding the armature element and capable of (capable of) generating magnetic field lines to move the armature element towards the connection side of the injector.
With respect to claim 13, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the hollow needle and the armature element are formed rotationally symmetrical or rotationally symmetrical with respect to a common (vertical) axis of rotation, wherein the common axis of rotation is parallel or identical to the longitudinal axis of the hollow needle (Figs. 1-10).
With respect to claim 14, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the injector is configured to (capable of) inject gas into a combustion chamber (downstream of 12) without an admixture of air via the at least one injection opening.
With respect to claim 15, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses an internal combustion engine (Figs. 1-10) with gas direct injection, comprising an injector according to claim 1.
With respect to claim 16, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the gas is hydrogen (page 4, line 19 of the English translation).
With respect to claim 17, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein in an open state (Fig. 1) of the injector, water can flow around an (lower) end of the hollow needle facing the at least one injection opening on an inside and outside (of 1).
With respect to claim 18, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein a cavity (defined by 19) of the hollow needle and the through hole of the armature element (defined by 14) are coaxially arranged and/or are aligned with each other (Fig. 1).
With respect to claim 19, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the armature element is a magnetizable body (of 15) which is moved in the longitudinal direction of the hollow needle upon actuation of a solenoid valve (15) and, by connection with the hollow needle, lifts the latter off the at least one injection opening or places it thereon.
With respect to claim 20, Hafner’s injector modified by Goetzke’s check valve, Hafner further discloses wherein the needle guide has a clearance in the longitudinal direction of the injector housing (Fig. 1).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on the reference or combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/CHEE-CHONG LEE/Primary Examiner, Art Unit 3752 March 10, 2026