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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 25 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 25 puts forth the limitation “wherein the check valve closes the axial bore of the actuating piston.” However, the specification does not provide support for the limitation, as the check valve is in a location, not aligning with the bore of the actuating piston.
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.
Claims 24-44 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.
Regarding claims 24 and 25, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In claim 28, it is unclear whether the limitation “the piston” refers back to the valve-actuating piston, the at least one piston, or another element.
Claim 25 puts forth the limitation “wherein the check valve closes the axial bore of the actuating piston.” It is unclear how the check valve performs the claimed function, as it is not in directly beneath the bore of the actuating piston.
The remaining claims are rejected due to dependency from rejected claims.
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) 24, 26-32, 34, 36, 37-41, and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Horgen (FR 1321539).
Regarding claim 24, Horgen discloses an injector for blowing a gas into a combustion chamber or into an intake manifold of a combustion engine, preferably an internal combustion engine for motor vehicles comprising:
an injector housing (5) having an inlet (11) for the gas, and an outlet opening (3); and
an injector needle (6) by which the outlet opening can be closed (lines 66-67), and which can be adjusted in pressure-controlled fashion from a closed position to an open position (Lines 67-76), wherein the injector needle (6) is axially fixedly connected to at least one piston (13) (Figure 3), wherein the at least one piston (13) is under closing pressure in one direction, and under a valve-controlled control pressure in another direction, wherein the piston can be actuated by the control pressure in order to adjust the injector needle into the open position (Lines 67-76 and 183-193), but fails to disclose wherein the piston (13) is provided in the pressure chamber (40).
Figure 1 discloses an embodiment wherein the piston is provided in the working chamber (12). In figures 2’s embodiment, the pressure chamber (40) is arranged in the piston (13). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Horgen to include the piston situated in the pressure chamber since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. It appears the device would perform equally well whether the piston were arranged in the working chamber or the working chamber provided in the piston.
Modified Horgen further discloses a device wherein the inlet or an access for a control medium (11) is connected to or to be connected to a medium chamber (23), wherein the medium chamber (23 is separated from the pressure chamber (40) by a first valve (13a), wherein the first valve (13a) is actuable by an actuator (41), wherein the actuator (41) includes a valve actuating piston (element 41 is a piston), wherein the valve actuating piston (41) in a first position closes the access from the medium chamber (10) to the pressure chamber (40) (Lines 178-182 and Figure 4), and wherein the valve actuating piston (41) cooperates with a second valve (34), and wherein the second valve (34), in a first position of the valve actuating piston (41), is held in an open position and is closed in a second position of the valve actuating piston, such that the control pressure prevails in the pressure chamber, whereby the first valve is opened (Lines 146-156 and 178-182, The regulator is a centrifugal regulator; As such, when the second valve is held in an open position, pressure is decreased on the valve actuating piston, thus increasing opening of the actuating piston, and when the second valve is in the closed position, pressure is exerted on the valve actuating piston, thus providing for more closure of the actuating piston; In each instance, the control pressure may prevail in the pressure chamber, opening the first valve).
Regarding claim 26, Horgen discloses the injector according to claim 24 wherein the actuator (41) is not actuated in the first position of the valve actuating piston and is actuated in the second position of the valve actuating piston (Lines 146-156 and 178-182, The regulator is a centrifugal regulator; As such, when the second valve is held in an open position, pressure is decreased on the valve actuating piston, thus increasing opening of the actuating piston, and when the second valve is in the closed position, pressure is exerted on the valve actuating piston, thus providing for more closure of the actuating piston; In each instance, the control pressure may prevail in the pressure chamber, opening the first valve).
Regarding claim 27, Horgen discloses the injector according to claim 24 wherein the injector needle (6) assumes its closed position when the first valve (13a) is closed (Lines 115-199 and 178-182; The needle remains in the closed position when the first valve is closed, as the opening of the valve is dependent upon supply from the buffer tank).
Regarding claim 28, Horgen discloses the injector according to claim 24, wherein the second valve (34) is flow-connected to a pressure chamber (31), and wherein the pressure chamber is bounded by the piston (As best understood, the piston is on the side of the chamber).
Regarding claim 29, Horgen discloses the injector according to claim 24, wherein the gas to be blown in is used to achieve the control pressure (Page 3, paragraph 1, lines 115-118, the gas to be blown is supplied form the buffer tank, which achieves a level of opening of the valve, that is counter-balanced by the pressure provided in the upper portion of the system, hence establishing the control pressure).
Regarding claim 30, Horgen discloses the injector according to claim 24, wherein an additional pressure medium (Pressure from the pump 31) is used to achieve the control pressure (The pressure from the fluid from the pump achieves additional control pressure, relative to the pressure in the control chamber).
Regarding claim 31, Horgen discloses the injector according to claim 24 wherein the injector housing or the injector needle has at least one return line (28) for a residual portion of the gas (the limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; lines 159-161), and wherein at least one check valve (37) is seated in the at least one return line (Figure 3), and wherein the at least one check valve (37) closes in the direction of the at least one return line (Figure 4, The check valve closes about the return line 28).
Regarding claim 32, Horgen discloses the injector according to claim 31 wherein the return line (28) is line-connected to the pressure chamber (40) when the first valve is open (Figure 4).
Regarding claim 34, Horgen discloses the injector according to claim wherein the valve actuating piston (41) is designed as a hollow piston (Figure 3) and can be acted upon by a pressure medium (lines 178-182).
Regarding claim 36, Horgen discloses the injector according to claim 24 wherein a switching leakage is fed into an intake manifold or into a reservoir or into the combustion chamber (Lines 167-168, leakage from the valve switching between states is fed to the reservoir 38 to supply the discharge conduit).
Regarding claim 37, Horgen discloses the injector according to claim 24, but fails to discloses wherein the injector needle (6) has a passage (40) for the gas to be blown in (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight).
Regarding claim 38, Horgen discloses the injector according to claim 24, wherein a setting device (29, 35) is provided for setting a nozzle opening stroke (The limitation is interpreted as a recitation of intended, use and therefore afforded limited patentable weight).
Regarding claim 39, Horgen discloses the injector according to claim 38, wherein the setting device has at least one axially deformable setting element (The spring is axially deformable, and the head is axially deformable dependent upon pressure applied).
Regarding claim 40, Horgen discloses the injector according to claim 39, wherein the setting element is plastically deformable (the element is deformable, dependent upon pressure applied), but fails to disclose the element shaped as a disc.
It would have been obvious to one having ordinary skill in the art to shape the element as a disc, since it has been held that shape is a matter of choice which one of ordinary skill in the art would have found absent persuasive evidence that the shape is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 41, Horgen discloses the injector according to claim 24, wherein the injector needle has at least one guide region (the side edges of the needle head) for achieving a desired blowing-in depth and/or a desired blowing-in pattern of the gas (the limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; The sides of the head will determine the pattern in which the gas is blown into the chamber).
Regarding claim 44, Horgen discloses the injector according to claim 24, wherein the injector needle (6) is clamped with at least one wedge element (the spring clamps the needle to the walls of the combusting chamber).
Claim(s) 42 is rejected under 35 U.S.C. 103 as being unpatentable over Horgen (FR 1321539) view of Barron (WO9720136).
Regarding claim 42, Horgen discloses the injector according to claim 24, but fails to disclose wherein characteristic features of the injector are stored in a barcode.
Barron discloses a fuel injector wherein characteristic features are kept on a barcode (Abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Barron to include a barcode with the data of the injector in order to provide for a convenient means to access data, and ensure a desired emission in a system, as disclosed by Barron
Claim(s) 43 is rejected under 35 U.S.C. 103 as being unpatentable over Horgen in view of Schattke (WO 03006821).
Regarding claim 43, Horgen discloses the injector according to claim 24, but fails to disclose wherein the injector needle, at least in a region of a valve seat and/or the valve seat is provided with a coating as wear protection.
Schattke discloses an injector wherein a valve seat has a coating as wear protection (abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Horgen with the disclosures of Schattke, providing the valve seat to have a coating as wear protection, in order to increase the service life of the valve (Abstract).
Claim(s) 33 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Horgen in view of Mashida (US 2009/0020631).
Regarding claim 33, Horgen discloses the injector according to claim 24, but fails to disclose wherein at least one bellows (25, 106) or at least one piston sealing ring is provided for sealing the injector needle.
Mashida discloses a device that includes a piston sealing ring (203) (Paragraph 43).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Horgen with the disclosures of Mashida, providing the device to include a sealing ring about the injector needle, in order to protect the needle from damage by the gas.
Regarding claim 35, Horgen discloses the injector according to claim 24, but fails to disclose wherein the actuator is a magnetic drive.
Mashida discloses a device wherein the actuator is a magnetic drive.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Horgen with the disclosures of Mashida, providing the actuator to be a magnetic drive, as the configurations were known before the effective filing date of the claimed invention, and the modification would have yielded predictable results, including provision of actuating structure in a system where the actuation structure is not a critical element.
Examiner notes that the non-provision of an art rejection for claim 25 is due to the pending clarity issues, and should not be interpreted as an indication of allowability.
Conclusion
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752