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.
Claims 12, 18 and 19 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.
Claims 12 and 19 recite the limitation "the back-suction device". There is insufficient antecedent basis for this limitation in the claim. Claims 12 and 19 were preliminarily amended to depend from Claim 9 however, Claim 10 is the first instance where the limitation "a back-suction device" is introduced. In the interest of advancing prosecution and in order to cure the lack of antecedent basis, Claims 12 and 19 are interpreted as if amended to depend from Claim 10.
Claim 18 depends from Claim 11, the two claims recite limitations from distinct species of the claimed invention. Claim 18 recites “wherein the fuel reservoir is formed by at least one deformable supply line section, arranged in series in the fuel supply line,” however, Claim 11 (from which Claim 18 depends) recites “wherein the fuel reservoir is formed by at least one cavity and at least one movable piston”. It is unclear how said fuel reservoir can be formed as at least one cavity and at least one movable piston and by at least one deformable supply line section, arranged in series in the fuel supply line; thus causing the claim to be indefinite. In the interest of advancing prosecution and in order to cure the lack of antecedent basis, Claim 18 is interpreted as if amended to depend from Claim 10.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 19812012 C1 (hereinafter “HARTL”).
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Regarding Claims 1-3 and 5, HARTL discloses a mobile heating device, comprising:
a heater assembly (1) including a combustion chamber (4), and
a fuel supply line (8) for supplying liquid fuel to the heater assembly (1),
wherein the heater assembly (1) comprises an evaporator receiving arrangement for evaporating liquid fuel, said arrangement comprising an evaporator receiving body (5) for receiving an evaporator element (6) for distributing and evaporating liquid fuel,
wherein the fuel supply line (8) comprises a supply pipe having an inlet (see 9) for inputting fuel and an outlet (see 7) for outputting fuel to the combustion chamber (4),
wherein the fuel supply line (8) further comprises an emptying device (14) for at least one of: partially and completely emptying the fuel supply line (8) through the outlet (see 7; Emptying device 14 is consistent with Applicant’s description of said emptying device. Applicant’s specification states: “The emptying device expediently comprises a nucleating device which comprises at least one rough and/or structured nucleation surface for the formation of boiling bubbles. The rough and/or structured nucleation surface comprises in particular elevations and/or depressions with a height of at least 0.006 mm. The rough and/or structured nucleation surface causes heterogeneous nucleation of gas bubbles from the liquid fuel, in particular from the light-boiling fuel components. This function is only achieved at a reduced flow rate of the fuel compared to a function state of the heating device due to a longer residence time of the fuel at the nucleation surface (at a given temperature). As a result of the longer residence time, the fuel heats up to a higher temperature than during normal operation, so that gas bubbles can be formed. In particular, this can be accomplished by a burnout after upstream shutoff of the fuel flow, in which a combustion air blower of the heater assembly continues to operate and remaining fuel, as well as fuel that is subsequently pushed out, continues to be burned. The gas bubbles also push out liquid portions of the fuel from the fuel supply line, resulting in at least partial emptying of the fuel supply line.”);
wherein the emptying device (14) comprises a nucleating device (15), including one or more of: at least one rough and at least one structured nucleation surface (20, 20a) for forming boiling bubbles;
wherein the nucleation surface (20, 20a) is arranged on at least one of: an inner circumferential surface of the supply pipe, arranged on an inner surface of a connecting piece arranged at the inlet of the supply pipe, and arranged in a component (see again 14) inserted into the fuel supply line (8),
wherein the nucleation surface (20, 20a) extends in particular over the entire inner circumferential surface (see Fig. 2 and the associated disclosure) of the supply pipe (8);
wherein the nucleation surface (20, 20a) has been produced by at least one of: means of mechanical deformation (i.e., threads), means of applying a coating, means of milling, and means of an etching process.
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.
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.
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over HARTL.
Regarding Claim 6, HARTL further discloses wherein the supply pipe (8) comprises a first supply pipe (indicated in annotated Fig. 1 above) and a second supply pipe (indicated in annotated Fig. 1 above) and the component (14) is at least one of: arranged between the first supply pipe (indicated in annotated Fig. 1 above) and the second supply pipe (indicated in annotated Fig. 1 above) and wherein the component (14) comprises one or more bodies arranged therein, wherein a surface of at least one of the bodies forms part of the nucleation surface (see the provided English translation: “The production of a damping device is particularly simple if a standardized thread is used for the contour of the spiral channel, which can be used in the simplest way as an internal thread in the tubular part 15 or in the connecting piece of the fuel feed line 8 on the part of the metering pump 10 or the support 5 or else easier to form than external thread on the cylindrical body 18 to be used there.”).
HARTL does not disclose wherein at least one of the bodies comprises one or more of: glass and ceramics.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARTL wherein at least one of the bodies comprises one or more of: glass and ceramics, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 14, HARTL discloses a method for operating a mobile heating device with an evaporator burner (2), wherein the heating device (1) comprises a supply pipe (8) with an inlet (see 9) for inputting fuel and an outlet (see 7) for outputting fuel (see 10) to a combustion chamber (4).
HARTL does not explicitly disclose a method for operating a mobile heating device wherein a complete or partial emptying of a fuel supply line (8) of the heating device (1) takes place, the method comprising the following steps:
initiating the termination of a heating process,
terminating a fuel supply through the inlet (see again 9) of the supply pipe (8),
forming boiling bubbles in the fuel, on a nucleation surface (20, 20a), and transferring at least a portion of the fuel present in the fuel supply line (8) into the combustion chamber (4) by means of the boiling bubbles, and
burning the transferred portion of the fuel in the combustion chamber (4).
Nonetheless, the claimed method would occur upon a shutdown of HARTL’s mobile heating device, for example when heat generation is no longer needed, as explained in Applicant’s specification: “The emptying device expediently comprises a nucleating device which comprises at least one rough and/or structured nucleation surface for the formation of boiling bubbles. The rough and/or structured nucleation surface comprises in particular elevations and/or depressions with a height of at least 0.006 mm. The rough and/or structured nucleation surface causes heterogeneous nucleation of gas bubbles from the liquid fuel, in particular from the light-boiling fuel components. This function is only achieved at a reduced flow rate of the fuel compared to a function state of the heating device due to a longer residence time of the fuel at the nucleation surface (at a given temperature). As a result of the longer residence time, the fuel heats up to a higher temperature than during normal operation, so that gas bubbles can be formed. In particular, this can be accomplished by a burnout after upstream shutoff of the fuel flow, in which a combustion air blower of the heater assembly continues to operate and remaining fuel, as well as fuel that is subsequently pushed out, continues to be burned. The gas bubbles also push out liquid portions of the fuel from the fuel supply line, resulting in at least partial emptying of the fuel supply line.”
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARTL to shutdown wherein a complete or partial emptying of a fuel supply line (8) of the heating device (1) takes place, the method comprising the following steps: initiating the termination of a heating process, terminating a fuel supply through the inlet (see again 9) of the supply pipe (8), forming boiling bubbles in the fuel, on a nucleation surface (20, 20a), and transferring at least a portion of the fuel present in the fuel supply line (8) into the combustion chamber (4) by means of the boiling bubbles, and burning the transferred portion of the fuel in the combustion chamber, since such a modification (i.e., shutting down said mobile heating device) would provide a means to conserve fuel when heat generation is not needed and, by extension, the claimed method steps would naturally and/or inherently follow a shutdown of said mobile heating device thus resulting in the claimed method steps.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over HARTL in view of US 4,632,306 (hereinafter “BLEEKER”).
Regarding Claim 4, HARTL does not disclose wherein a further element is arranged in the fuel supply line, in the supply pipe, the further element having the nucleation surface, wherein the further element is formed as a displacement wire.
BLEEKER teaches a mobile heating device wherein a further element (14, 15) is arranged in the fuel supply line (8), in the supply pipe (7, 13), the further element having the nucleation surface (see at least the surface of wire 15), wherein the further element (14, 15) is formed as a displacement wire (15).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARTL wherein a further element is arranged in the fuel supply line, in the supply pipe, the further element having the nucleation surface, wherein the further element is formed as a displacement wire as taught and/or suggested by BLEEKER, since BLEEKER states that during operation of said heating device “The throttle in the fuel supply line cushions the surging of the fuel caused by the pulsating flow of fuel being delivered. This is made possible due to the fact that the oscillatory system in the fuel supply line, with a fuel column in the line between the metering pump and the burner, is effectively damped because a narrow gap is left open between the throttle element and the inside of the fuel supply line and, when filled with fuel, this gap acts as a viscosity damper… In particular, the throttle reduces the passage cross-section for the fuel in the fuel supply line so that the fuel is delivered to the burner more quickly and its dwell time in the fuel supply line is thus reduced.” (see BLEEKER, Col. 2, Lns. 2-22).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over HARTL in view of RU 2139797 C1 (hereinafter “JOKHANNES”).
Regarding Claims 7 and 8, HARTL does not disclose wherein the emptying device comprises a heat supply element that is arranged on at least one of: an outer circumferential surface of the supply pipe and an outer surface of a connecting piece arranged at the inlet of the supply pipe; wherein the heat supply element comprises an active heating element.
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JOKHANNES teaches a mobile heating device (1) wherein the emptying device (41) comprises a heat supply element (42) that is arranged on at least one of: an outer circumferential surface of the supply pipe (3) and an outer surface of a connecting piece (see E) arranged at the inlet of the supply pipe (3); wherein the heat supply element (42) comprises an active heating element (see the provided English translation: “The electric heating device 41 according to FIG. 7 has a heating section in the form of electric heating wires 42 along the suction pipe E and pressure pipe F of the diesel fuel supply pipe 3, which include an electric resistance heating wire connected via an electrical connection 45 to a vehicle’s current source, in particular to the vehicle’s on-board battery with intermediate inclusion of the control switch, which can be mounted in the area of the control panel of the car and can be controlled by the driver of the car.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARTL wherein the emptying device comprises a heat supply element that is arranged on at least one of: an outer circumferential surface of the supply pipe and an outer surface of a connecting piece arranged at the inlet of the supply pipe; wherein the heat supply element comprises an active heating element as taught and/or suggested by JOKHANNES, since such a modification would assist in starting said mobile heating device at low ambient temperatures and when the fuel has thickened; see the provided English translation of JOKHANNES: “In order to start the air heater at low ambient temperatures and in the pipeline with thickened diesel fuel, installation parts that conduct diesel fuel and / or contain it are heated using a heating device in the form of an electric heating device.”
Claims 10 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over HARTL in view of DE 102008021181 A1 (hereinafter “SOMMERFELD”).
Regarding Claim 10, HARTL further discloses wherein the fuel supply line (8) is configured to extend from a fuel source (10) to the heating device (1) as a fuel supply to the heating device, wherein the fuel supply line (8) comprises a first zone (indicated in annotated Fig. 1 above) and a second zone (indicated in annotated Fig. 1 above).
HARTL does not disclose wherein the fuel supply line further comprises a back-suction device in the first zone, wherein the back-suction device comprises a fuel reservoir, wherein the back-suction device is designed to suck back fuel from the second zone into the first zone by means of a change in volume of the fuel reservoir.
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SOMMERFELD teaches a method of operating a heating device (12) wherein the fuel supply line (22) further comprises a back-suction device (34) in the first zone (downstream of check valve 32), wherein the back-suction device (34) comprises a fuel reservoir (indicated in annotated Fig. 1 above), wherein the back-suction device (34) is designed to suck back fuel (see 14) from the second zone (upstream of check valve 32) into the first zone (downstream of check valve 32) by means of a change in volume of the fuel reservoir (inherent).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARTL wherein the fuel supply line further comprises a back-suction device in the first zone, wherein the back-suction device comprises a fuel reservoir, wherein the back-suction device is designed to suck back fuel from the second zone into the first zone by means of a change in volume of the fuel reservoir as taught and/or suggested by SOMMERFELD, since such a modification would provide fuel to said heating device when a feed pump is deactivated thus ensuring that fuel is available during startup and before the feed pump provides sufficient fuel pressure upon reactivation (see the provided English translation: “Especially it is preferred that a pressure accumulator on the delivery line between the check valve and the metering pump is arranged. The accumulator allows the Intermittent shutdown of the feed pump during operation of the fuel delivery system, because the metering pump with the pre-feed pump switched off via the accumulator with under can be supplied with a pre-printing fuel.”).
Regarding Claims 15-17, HARTL does not disclose further comprising: back-sucking fuel remaining in a second zone of the fuel supply line into a first zone of the fuel supply line, by a volume change of a fuel reservoir arranged in the first zone of the fuel supply line;
wherein the method comprises, after the back-sucking, the steps of:
initiating another heating process with the heating device;
pushing out the fuel from the fuel reservoir into the fuel supply line;
pushing out at least a portion of the pushed-out fuel,
wherein pushing out at least the portion of the pushed-out fuel comprises pushing out all of the pushed-out fuel.
SOMMERFELD teaches a method of operating a heating device comprising: back-sucking fuel (from fuel tank 14) remaining in a second zone (upstream of check valve 32) of the fuel supply line (22) into a first zone (downstream of check valve 32) of the fuel supply line (22), by a volume change of a fuel reservoir (see 34) arranged in the first zone (downstream of check valve 32) of the fuel supply line (22);
wherein the method comprises, after the back-sucking, the steps of:
initiating another heating process with the heating device (12);
pushing out the fuel (fuel supplied by tank 14) from the fuel reservoir (see 34) into the fuel supply line (22);
pushing out at least a portion of the pushed-out fuel (i.e., a portion of the volume change of fuel accumulated within fuel reservoir 34),
wherein pushing out at least the portion of the pushed-out fuel comprises pushing out all of the pushed-out fuel (i.e., all of the volume change of fuel accumulated within fuel reservoir 34).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARTL to further comprise: back-sucking fuel remaining in a second zone of the fuel supply line into a first zone of the fuel supply line, by a volume change of a fuel reservoir arranged in the first zone of the fuel supply line; wherein the method comprises, after the back-sucking, the steps of: initiating another heating process with the heating device; pushing out the fuel from the fuel reservoir into the fuel supply line; pushing out at least a portion of the pushed-out fuel, wherein pushing out at least the portion of the pushed-out fuel comprises pushing out all of the pushed-out fuel as taught and/or suggested by SOMMERFELD, since such a modification would provide fuel to said heating device when a feed pump is deactivated thus ensuring that fuel is available during startup and before the feed pump provides sufficient fuel pressure upon reactivation (see the provided English translation: “Especially it is preferred that a pressure accumulator on the delivery line between the check valve and the metering pump is arranged. The accumulator allows the Intermittent shutdown of the feed pump during operation of the fuel delivery system, because the metering pump with the pre-feed pump switched off via the accumulator with under can be supplied with a pre-printing fuel.”).
Claims 11-12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over HARTL in view of SOMMERFELD as applied to Claim 10 above, and further in view of US 4,216,751 (hereinafter “DAVISON”).
Regarding Claim 11, SOMMERFELD further discloses wherein the fuel reservoir (34) is formed by at least one cavity (inherent; i.e., the interior of the fuel reservoir 34), such that the fuel sucked back from the second zone (upstream of check valve 32) can be received at least partially in the fuel reservoir (34).
HARTL in view of SOMMERFELD does not disclose at least one movable piston (62).
DAVISON teaches a heating device comprising a fuel reservoir (18), further comprising: at least one movable piston (36).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARTL in view of SOMMERFELD wherein said fuel reservoir comprises at least one movable piston as taught and/or suggested by DAVISON, since both SOMMERFELD and DAVISON teach fuel reservoir, it would have been obvious to one skilled in the art to substitute one fuel reservoir for the other to achieve the predictable result of accumulating fuel therein and subsequently releasing fuel therefrom.
Regarding Claims 12 and 19 (NOTE the 35 U.S.C. 112(b) rejection above), HARTL in view of SOMMERFELD does not disclose wherein the back-suction device comprises or is connected to a controller.
DAVISON teaches a heating device wherein a back-suction device (18) comprises or is connected to a controller (37; i.e., the spring 37 controls the motion of piston 36 within back-suction device 18).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARTL in view of SOMMERFELD wherein the back-suction device comprises or is connected to a controller as taught and/or suggested by DAVISON, since both SOMMERFELD and DAVISON teach back-suction devices, it would have been obvious to one skilled in the art to substitute one back-suction device for the other to achieve the predictable result of accumulating fuel therein and subsequently releasing fuel therefrom in a controlled manner.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over HARTL in view of WO 2017005240 A1 (hereinafter “MÖSL”).
Regarding Claim 13, HARTL does not disclose wherein the fuel supply line (8) is welded to the evaporator receiving body (5).
MÖSL teaches a heating device wherein the fuel supply line (6) is welded to the evaporator receiving body (2). See the provided English translation: “The fuel supply line 6 is, e.g. by welding or soldering, firmly connected to the evaporator receptacle 2.”
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARTL wherein the fuel supply line is welded to the evaporator receiving body as taught and/or suggested by MÖSL, since such a modification would provide a secure and long-lasting connection.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over HARTL in view of SOMMERFELD as applied to Claim 10 above, and further in view of US 6948479 B1 (hereinafter “RANEY”).
Regarding Claim 18 (NOTE the 35 U.S.C. 112(b) rejection above), HARTL in view of SOMMERFELD does not disclose wherein the fuel reservoir is formed by at least one deformable supply line section, arranged in series in the fuel supply line, such that the fuel sucked back from the second zone can be received at least partially in the fuel reservoir.
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RANEY teaches fuel-conducting tubing made of flexible, non-permeable material that includes a convoluted central portion capable of expanding and contracting in response to pulsations in the fuel wherein a fuel reservoir (10) is formed by at least one deformable supply line section (18), arranged in series in the fuel supply line, such that the fuel sucked back from the second zone can be received at least partially in the fuel reservoir (see Col. 3, Lns. 24-33: “In operation, pressure pulsations caused by intermittent fuel flow in an associated fuel supply system are damped by bulging out of sides 22 of tube convolutions 20 in response to pressure peaks in the fuel, and by subsequent springing back of the sides 22 under the resilient restorative force of foam 28, and of housing 32 if it is resilient, when the peak pressures are reduced. The damping process reduces both the noise generated by pulsing or hammer in the fuel lines and the vibration of the lines themselves due to the pressure pulses.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify HARTL in view of SOMMERFELD wherein the fuel reservoir is formed by at least one deformable supply line section, arranged in series in the fuel supply line, such that the fuel sucked back from the second zone can be received at least partially in the fuel reservoir as taught and/or suggested by RANEY, since both SOMMERFELD and RANEY teach a fuel reservoir responsive to fuel pressure pulsations, it would have been obvious to one skilled in the art to substitute one fuel reservoir for the other to achieve the predictable result of accumulating fuel therein and subsequently releasing fuel therefrom in response to pressure pulsations within the fuel supply line section.
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B. McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799