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 .
Drawings
The drawings are objected to because Fig 1A & Fig 1B do not provided different cross-sections for each of the different parts, almost all of the structural elements in Fig 1A & Fig B have the same white/unhatched cross-section which makes it unclear where one part ends and another part begins. To overcome this objection applicant should provide different cross-sections for each of the different structural elements illustrated in Fig 1A & Fig 1B.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed features:
an armature coupled to the plunger …, the armature being pulled by the drive assembly to close a gap between the armature and the stator in a closed position of the plunger. (Claim 1 & Claim 12 & Claim 18)
Figure 1A & Figure 1B do not show HOW armature 135 IS coupled to plunger 120; and do not illustrate a closed gap between the armature 135 and the stator 131 in a closed position of the plunger 120.
Additionally an annotated version of Figure 1A is provided below. In the annotated version of Figure 1A the examiner has provided hatching for an element, which might have a rib at the top that engages with plunger stop 139 in the closed position. The examiner would like to know if this is how the armature 135 is coupled to the plunger 120?
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annotated version of Figure 1A of instant application
the closed gap between armature and the stator separates the fluid flow from the supply inlet through the armature into the plunger barrel volume, . (Claim 1 & Claim 12 & Claim 18)
Figure 1A & Figure 1B do not show this feature since plunger 120 passes through the armature 135, and first passage 152 extends through plunger 120 – thus even in the closed position the fluid flow from the supply inlet 25 would be able to flow through 152 to the plunger barrel volume 114. Accordingly the fluid flow still passes through the armature 135 to the plunger barrel volume 114 in the closed position (i.e. the fluid flow is not separated as claimed).
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-3, and 5-21 are objected to because of the following informalities:
Claim 1 Line 14 currently states:
“open position of the plunger, the armature including through holes for fluid to flow from the”.
Should be changed to state:
--open position of the plunger, the armature including through holes for the fluid to flow from the--.
Claim 1 Line 16 currently states:
“released, the armature being pulled by the drive assembly to close a gap between the armature”.
Should be changed to state:
--released, the armature being pulled by the drive assembly to close [[a]] the gap between the armature--.
Claim 12 Line 17 currently states:
“open position of the plunger, the armature including through holes for fluid to flow from the”.
Should be changed to state:
--open position of the plunger, the armature including through holes for the fluid to flow from the--.
Claim 12 Line 19 currently states:
“released, the armature being pulled by the drive assembly to close a gap between the armature”.
Should be changed to state:
--released, the armature being pulled by the drive assembly to close [[a]] the gap between the armature--.
Claim 18 Line 18 currently states:
“through holes for fluid to flow from the supply inlet through the through holes into the plunger”.
Should be changed to state:
--through holes for the fluid to flow from the supply inlet through the through holes into the plunger--.
Claim 18 Line 20 currently states:
“assembly to close a gap between the armature and the stator in the closed position of the plunger,”.
Should be changed to state:
--assembly to close [[a]] the gap between the armature and the stator in the closed position of the plunger,--.
Appropriate correction is required.
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.
Claims 1-3, & 5-21 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 1, 12, & 18: Claims 1, 12, and 18 state in part: “an armature coupled to the plunger, … the armature being pulled by the drive assembly to close the gap between the armature and the stator in a closed position of the plunger”. However, Figure(s) 1A & 1B do(es) not show armature 135 coupled to plunger 120; and do not show a closed gap between the armature 135 and the stator 131 in a closed position of the plunger 120. Because of this it is unclear how the claim should be interpreted. For the purpose of examination the claim will be examined as best understood.
Regarding Claims 1, 12, & 18: Claims 1, 12, and 18 state in part: “, and the closed gap between armature and the stator separates the fluid flow from the supply inlet through the armature into the plunger barrel volume”. However, Figure 1A & Figure 1B do not show this feature since plunger 120 passes through the armature 135, and first passage 152 extends through plunger 120 – thus even in the closed position the fluid flow from the supply inlet 25 would be able to flow through 152 to the plunger barrel volume 114. Accordingly the fluid flow still passes through the armature 135 to the plunger barrel volume 114 in the closed position (i.e. the fluid flow is not separated as claimed). Because Applicant does not appear to disclose any structure that is consistent with the particular language recited in the claim, there is a conflict between the claimed subject matter and the specification disclosure which renders the scope of the claims uncertain. Therefore because the specification does not support the claims at issue, the claim is indefinite when read in light of the specification. See in Re Paul G. Anderson, John A. Mcmennamy, Andrew P. Burke and Thomas A. Rak, 106 F.3d 425 (Fed. Cir. 1997) (Because appellants show no structure in their specification consistent with this claim language, [the claim] is indefinite). Also see MPEP §2173.03. For the purpose of examination the claim will be examined as best understood.
Finally; depending claim(s) inherit deficiencies from the parent claim(s). Appropriate correction is required.
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.
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) 1-3, 5-6, 8-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bartley USPN 7451741 in view of Aritomi US 2016/0290299 and Sommars US 2004/0109768.
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Annotated Figure 3 of Bartley USPN 7451741 (Attached Figure Q)
Regarding Claim 1: Bartley USPN 7451741 discloses the limitations: A fuel pump assembly (the fuel pump assembly is defined by the sum of its parts) comprising:
a pump inlet valve (42, see Annotated Figure 3 of Bartley USPN 7451741 (Attached Figure Q) above) including a valve body (71, Attached Figure Q);
a pump assembly (the pump assembly is defined by the sum of its parts) including a pump body (32, Attached Figure Q) and a pumping chamber (86, Attached Figure Q Column 3 Line 47-55) formed by a pump barrel (76,74, Attached Figure Q) extending through the pump body (Attached Figure Q), the pump body including a supply inlet (84, Attached Figure Q, Column 3 Line 55-58) through which the fluid (i.e. the fuel which is acted upon by the pump) is supplied to the pump inlet valve (Column 5 Line 25-45, Fig 3); and
a plunger assembly (the plunger assembly is defined by the sum of its parts and includes element 63) extending longitudinally between and having a same longitudinal axis as the pump inlet valve (Attached Figure Q) and the pump assembly (as seen in Attached Figure Q, element 63 of the plunger assembly, the pump inlet valve and the pump barrel each have the same longitudinal axis as claimed), the plunger assembly including a plunger 63 and a plunger barrel (Attached Figure Q) formed around a portion of the plunger (e.g. formed around an upper portion of the plunger 63) in a cavity of the valve body (cavity of the valve body = valve body cavity in Attached Figure Q) of the pump inlet valve to form a plunger barrel volume (Attached Figure Q) at the valve body cavity (Attached Figure Q), the plunger extending from the pumping chamber to the plunger barrel volume (Attached Figure Q) and the supply inlet is located between the pumping chamber and the plunger barrel volume (as seen in Attached Figure Q an identified portion of the supply inlet is located between the pumping chamber and the plunger barrel volume as claimed), and
a drive assembly (Bartley – drive assembly = stator 67, and armature 64 – Column 7 Line 2-54) including an armature 64 coupled to the plunger (Column 5 Line 34-54, Fig 3) and a stator (stator = 67, Column 7 Line 2-21, Line 26-42, Figure 3), the armature 64 being released by the drive assembly (i.e. released by a lack of magnetic flux in 67, Column 7 Line 31-42) to form a gap (i.e. a gap between a top surface of element 64 and a bottom surface of element 67) between the armature (e.g. the top surface of the armature 64) and the stator (e.g. the bottom surface of the stator 67) in an open position of the plunger (open position of the plunger = position of plunger 63 when 67 is deactivated and armature 64 moves away from 67 which causes 63 to move to the open position), the armature being pulled by the drive assembly to close the gap between the armature and the stator in a closed position of the plunger (closed position of the plunger = position of plunger 63 when 67 is activated that is illustrated in Fig 3; as seen in Fig 3 the gap between the armature and the stator is closed as claimed),
wherein the plunger is positioned to allow a fluid (i.e. fuel) to flow past the plunger assembly between the pumping chamber and the supply inlet when the plunger is in an open position (as known in the art, open position of the valve – Column 1 Line 49-52, Column 5 Line 34-36) and is moved into the plunger barrel volume to inhibit the fluid from flowing past the plunger assembly between the pumping chamber and the supply inlet when the plunger is in a closed position (as known in the art, the closed position is illustrated in Fig 3, Column 1 Line 55-57, Column 5 Line 36-38 – as seen in Fig 3 the plunger 63 is in the plunger barrel volume in the closed position, since the plunger moves away from the position shown in Fig 3 when in the open position, the plunger would inherently move into the plunger barrel when moving into the closed position), and
in the closed position of the plunger the gap between the armature and the stator is closed (as seen in Fig 3). Bartley USPN 7451741 is silent regarding the limitations: wherein the plunger includes at least one passage that provides continuous fluid communication between the plunger barrel volume and the supply inlet of the pump assembly. The prior art of Aritomi US 2016/0290299 which is directed to an electromagnetic valve structure for a high pressure fuel supply pump (title, abstract) like Bartley USPN 7451741, is noted.
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Annotated Figure 3 of Aritomi US 2016/0290299 (Attached Figure B’)
However, Aritomi US 2016/0290299 does disclose the limitations: wherein the plunger (the plunger = 503, ¶0036-¶0037, also see Annotated Figure 3 of Aritomi US 2016/0290299 (Attached Figure B’) above) includes at least one passage (at least one passage = 509,509a (the first passage and the second passage in Attached Figure B’)) that provides continuous fluid communication between the plunger barrel volume and the supply inlet of the pump assembly (following the combination of prior art passages 509,509a of Aritomi would provide continuous fluid communication between the articulated supply inlet of the pump assembly and the identified plunger barrel volume in Attached Figure Q of Bartley – since the passages 509,509a of Aritomi would provide fluid communication through the structure of the plunger 63 of Bartley; in Aritomi intermediate chamber 508 corresponds to chamber 100 in Fig 3 of Bartley which communicates with the supply inlet of Bartley) in the closed position of the plunger (following the combination of prior art passages 509,509a of Aritomi would provide continuous fluid communication between the articulated supply inlet of the pump assembly and the identified plunger barrel volume in Attached Figure Q of Bartley – since the passages 509,509a of Aritomi would provide fluid communication through the structure of the plunger 63 of Bartley – accordingly even in the closed position the plunger illustrated in Fig 3 of Bartley the passages 509,509a of Aritomi would provide continuous fluid communication between the articulated supply inlet of the pump assembly and the identified plunger barrel volume in Attached Figure Q of Bartley).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the plunger 63 of Bartley USPN 7451741 with the first and second passage in the plunger 503 of Aritomi US 2016/0290299 in order to avoid a pressure difference between a top portion and a bottom portion of the elongated plunger body with the fluid communication provided by the first and second passages 509,509a – also see ¶0036-¶0037 of Aritomi.
Bartley USPN 7451741 is silent regarding the limitations: the armature including through holes for the fluid to flow from the supply inlet through the through holes into the plunger barrel volume while the armature is released, and the closed gap between armature and the stator separates the fluid flow from the supply inlet through the armature into the plunger barrel volume. The prior art of Sommars US 2004/0109768 which is directed to a fuel pump like Bartley USPN 7451741, is noted.
However, Sommars US 2004/0109768 discloses the limitations: the armature (see Annotated Figure 3 of Sommars US 2004/0109768 (Attached Figure T) above) including through holes (Attached Figure T) for the fluid to flow from the supply inlet (Attached Figure T, 37) through the through holes into the plunger barrel volume while the armature is released (as seen in Attached Figure T the identified connecting passage allows the fuel to flow from the supply inlet through the through holes of the armature and into the plunger barrel volume when the armature is released from the stator as shown in Fig 3), and the closed gap between armature and the stator (i.e. when stator 28 is activated and the armature is in contact with the stator when the valve is closed, the gap between the armature and the stator would be closed – as known in the art, ¶0014, ¶0018) separates the fluid flow from the supply inlet through the armature into the plunger barrel volume (when the armature is in contact with the stator the fluid flow cant flow into the plunger barrel volume in Attached Figure T, thus the prior art addresses the language of the claim in the same manner as the instant application).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the armature and the pump body of Bartley USPN 7451741 with the through holes and the connecting passage taught by Sommars US 2004/0109768 in order to make it easier for the stator to move the plunger, by reducing the mass of the armature (e.g. with the through holes) and to reduce the weight of the pump (by providing the connecting passage).
Following the combination of art described above, the passages 509,509a of Aritomi would provide communication between the plunger barrel volume and the supply inlet in the closed state, when the gap is closed as claimed.
Regarding Claim 2: wherein the plunger includes an elongated plunger body that has a plunger body outer surface (in the combination of prior art the rod-like elongated plunger body in Fig 3 of Bartley corresponds to the claimed elongated plunger body; and the reduced diameter portion 92 of the plunger body which faces the identified portion of the supply inlet in Attached Figure Q of Bartley corresponds to the claimed plunger body outer surface | Aritomi – see Attached Figure B’ which shows the plunger body outer surface), and the at least one passage includes a first passage extending along a length of the elongated plunger body (Aritomi – see Attached Figure B’) and open to the plunger barrel volume (see explanation below), and a second passage (Aritomi – see Attached Figure B’) extending transversely from the first passage to the plunger body outer surface (Aritomi – see Attached Figure B’; in the combination the second passage of Aritomi would extend to the outer surface of Bartley just like it extends to the outer surface in Attached Figure B’ of Aritomi) and open to the supply inlet (see explanation below) such that the plunger barrel volume and the supply inlet are in continuous fluid communication (see explanation below).
Further Regarding Claim 2: following the combination of prior art explained above, both the first passage & the second passage identified in Attached Figure B’ of Aritomi would be in communication with (i.e. open to) the plunger barrel volume identified in Attached Figure Q of Bartley via the first passage identified in Attached Figure B’ of Aritomi; and the first passage & the second passage would be in communication with (i.e. open to) the supply inlet identified in Attached Figure Q via the first and second openings identified in Attached Figure B’ of Aritomi and the chamber 100 in Fig 3 of Bartley.
Regarding Claim 3: wherein each of the first passage and the second passage are formed within the plunger so as to be contained within the plunger (in the combination of prior art both the first passage & the second passage identified in Attached Figure B’ of Aritomi would be contained within the elongated plunger body formed by the rod-like elongated plunger body in Fig 3 of Bartley).
Regarding Claim 5: wherein the drive assembly includes a biasing member (Bartley – 66) that biases the plunger relative to the plunger barrel (Bartley – see Column 7 Line 2-54 and Attached Figure Q).
Regarding Claim 6: wherein the biasing member engages a plunger stop (Bartley – 65 which abuts the spring in Fig 3 of Bartley) that is connected to the plunger (Bartley – the articulated plunger stop is inherently connected to the plunger, since its structure is used to transmit the force of the spring to the plunger, Column 7 Line 2-54) and configured to inhibit movement of the plunger in a direction along a plunger barrel longitudinal axis (Bartley – the structure of the articulated plunger stop is able (i.e. configured) to prevent (i.e. inhibit) the topmost end of the plunger in Fig 3 from extending below element 64 of Bartley; additionally such an axial movement of the plunger would be in a direction along a plunger barrel longitudinal axis; plunger barrel longitudinal axis = longitudinal axis of the plunger barrel in Attached Figure Q).
Regarding Claim 8: wherein the plunger includes a plunger body top portion 88 that has a first diameter (Bartley – first diameter = diameter of 88, Column 6 Line 1-5) and a plunger body bottom portion 92 that has a second diameter (Bartley – second diameter = diameter of 92, Column 6 Line 1-5), wherein the first diameter is greater than the second diameter (Bartley – Column 6 Line 1-5).
Regarding Claim 9: wherein the plunger further includes a transition portion positioned between the plunger body top portion and the plunger body bottom portion (Bartley – curved portion between element 88 and element 92 in Fig 3), and wherein the at least one passage is positioned at the transition portion (following the combination of prior art as explained above, a portion of the passage/first passage of Aritomi would be located inside (i.e. positioned at) the articulated transition portion of Bartley).
Regarding Claim 10: wherein the at least one passage includes a first passage longitudinally extends through the plunger (as seen in Attached Figure B’ of Aritomi above the identified first passage extends through the elongated plunger body 503b of the plunger – thus in the combination the first passage would extend through the plunger body of Bartley in a similar manner), and a second passage (Aritomi - Attached Figure B’) extending transversely from the first passage (Aritomi - Attached Figure B’) that has two openings (Aritomi - Attached Figure B’) at a plunger body outer surface (the reduced diameter portion 92 of the plunger body which faces the identified portion of the supply inlet in Attached Figure Q of Bartley corresponds to the claimed plunger body outer surface | Aritomi – see Attached Figure B’ which shows the plunger body outer surface; in the combination the second passage of Aritomi would extend to the outer surface of Bartley just like it extends to the outer surface in Attached Figure B’ of Aritomi).
Regarding Claim 11: wherein the second passage extends at a substantially perpendicular angle from a plunger barrel longitudinal axis toward the plunger body outer surface (in the combination the longitudinal axis of the first passage is the same as a plunger barrel longitudinal axis; accordingly as understood from Attached Figure Q of Bartley and Attached Figure B’ of Aritomi the second passage is substantially perpendicular to the longitudinal axis as claimed).
Regarding Claim 12: Bartley USPN 7451741 discloses the limitations: A fuel pump assembly (the fuel pump assembly is defined by the sum of its parts) comprising:
a pump assembly (the pump assembly is defined by the sum of its parts) comprising a pump body (32, Attached Figure Q) and a pumping chamber (86, Attached Figure Q, Column 3 Line 47-55) formed by a pump barrel (76,74, Attached Figure Q) extending through the pump body (Attached Figure Q), the pump body including a supply inlet (84, Attached Figure Q, Column 3 Line 55-58) through which a fluid (fuel) enters the pump body (Column 5 Line 24-45) and a transfer zone (transfer zone = zone indicated by element 99, Attached Figure Q) through which the fluid exits a pump inlet valve (as known in the art, Attached Figure Q) and flows toward the pumping chamber (Attached Figure Q, Column 5 Line 25-45 – when the inlet valve is open during the suction stroke the fuel would inherently flow towards the pumping chamber as claimed), the pump inlet valve in fluid communication with the pumping chamber (it is when in the open position, Column 1 Line 49-52, Column 5 Line 34-36) and configured to control a flow of the fluid into the pumping chamber (as known in the art, closed position illustrated in Fig 3, Column 1 Line 55-57, Column 5 Line 36-38), the pump inlet valve comprising:
a valve body (71, Attached Figure Q) that includes a valve body cavity (Attached Figure Q);
a plunger assembly (the plunger assembly is defined by the sum of its parts and includes element 63) extending longitudinally between and having a same longitudinal axis as the pump inlet valve (Attached Figure Q) and the pump assembly (as seen in Attached Figure Q, element 63 of the plunger assembly, the pump inlet valve and the pump barrel each have the same longitudinal axis as claimed), the plunger assembly including a plunger 63 and a plunger barrel (see Attached Figure Q) formed around a portion of the plunger (e.g. formed around an upper portion of the plunger 63) in the valve body cavity (Attached Figure Q) to form a plunger barrel volume (Attached Figure Q) at the valve body cavity (Attached Figure Q), the plunger extending from the pumping chamber to the plunger barrel volume (Attached Figure Q) and the supply inlet is located between the pumping chamber and the plunger barrel volume (as seen in Attached Figure Q an identified portion of the supply inlet is located between the pumping chamber and the plunger barrel volume as claimed), and
a drive assembly (Bartley – drive assembly = stator 67, and armature 64 – Column 7 Line 2-54) including an armature 64 coupled to the plunger (Column 5 Line 34-54, Fig 3) and a stator (stator = 67, Column 7 Line 2-21, Line 26-42, Figure 3), the armature 64 being released by the drive assembly (i.e. released by a lack of magnetic flux in 67, Column 7 Line 31-42) to form a gap (i.e. a gap between a top surface of element 64 and a bottom surface of element 67) between the armature (e.g. the top surface of the armature 64) and the stator (e.g. the bottom surface of the stator 67) in an open position of the plunger (open position of the plunger = position of plunger 63 when 67 is deactivated and armature 64 moves away from 67 which causes 63 to move to the open position), the armature being pulled by the drive assembly to close the gap between the armature and the stator in a closed position of the plunger (closed position of the plunger = position of plunger 63 when 67 is activated that is illustrated in Fig 3; as seen in Fig 3 the gap between the armature and the stator is closed as claimed),
wherein the plunger is positioned to allow the fluid to flow past the plunger assembly between the pumping chamber and the supply inlet when the plunger is in the open position (as known in the art, open position of the valve – Column 1 Line 49-52, Column 5 Line 34-36) and is moved into the barrel volume to inhibit the fluid from flowing past the plunger assembly between the pumping chamber and the supply inlet when the plunger is in the closed position (as known in the art, the closed position is illustrated in Fig 3, Column 1 Line 55-57, Column 5 Line 36-38 – as seen in Fig 3 the plunger 63 is in the plunger barrel volume in the closed position, since the plunger moves away from the position shown in Fig 3 when in the open position, the plunger would inherently move into the plunger barrel when moving into the closed position), and
in the closed position of the plunger the gap between the armature and the stator is closed (as seen in Fig 3). Bartley USPN 7451741 is silent regarding the limitations: wherein the plunger includes at least one passage that provides continuous fluid communication between the plunger barrel volume and the supply inlet of the pump assembly. The prior art of Aritomi US 2016/0290299 which is directed to an electromagnetic valve structure for a high pressure fuel supply pump (title, abstract) like Bartley USPN 7451741, is noted.
However, Aritomi US 2016/0290299 does disclose the limitations: wherein the plunger (the plunger = 503, ¶0036-¶0037, also see Annotated Figure 3 of Aritomi US 2016/0290299 (Attached Figure B’) above) includes at least one passage (at least one passage = 509,509a (the first passage and the second passage in Attached Figure B’)) that provides continuous fluid communication between the plunger barrel volume and the supply inlet of the pump assembly (following the combination of prior art passages 509,509a of Aritomi would provide continuous fluid communication between the articulated supply inlet of the pump assembly and the identified plunger barrel volume in Attached Figure Q of Bartley – since the passages 509,509a of Aritomi would provide fluid communication through the structure of the plunger 63 of Bartley; in Aritomi intermediate chamber 508 corresponds to chamber 100 in Fig 3 of Bartley which communicates with the supply inlet of Bartley) in the closed position of the plunger (following the combination of prior art passages 509,509a of Aritomi would provide continuous fluid communication between the articulated supply inlet of the pump assembly and the identified plunger barrel volume in Attached Figure Q of Bartley – since the passages 509,509a of Aritomi would provide fluid communication through the structure of the plunger 63 of Bartley – accordingly even in the closed position the plunger illustrated in Fig 3 of Bartley the passages 509,509a of Aritomi would provide continuous fluid communication between the articulated supply inlet of the pump assembly and the identified plunger barrel volume in Attached Figure Q of Bartley).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the plunger 63 of Bartley USPN 7451741 with the first and second passage in the plunger 503 of Aritomi US 2016/0290299 in order to avoid a pressure difference between a top portion and a bottom portion of the elongated plunger body with the fluid communication provided by the first and second passages 509,509a – also see ¶0036-¶0037 of Aritomi.
Bartley USPN 7451741 is silent regarding the limitations: the armature including through holes for the fluid to flow from the supply inlet through the through holes into the plunger barrel volume while the armature is released, and the closed gap between armature and the stator separates the fluid flow from the supply inlet through the armature into the plunger barrel volume. The prior art of Sommars US 2004/0109768 which is directed to a fuel pump like Bartley USPN 7451741, is noted.
However, Sommars US 2004/0109768 discloses the limitations: the armature (see Annotated Figure 3 of Sommars US 2004/0109768 (Attached Figure T) above) including through holes (Attached Figure T) for the fluid to flow from the supply inlet (Attached Figure T, 37) through the through holes into the plunger barrel volume while the armature is released (as seen in Attached Figure T the identified connecting passage allows the fuel to flow from the supply inlet through the through holes of the armature and into the plunger barrel volume when the armature is released from the stator as shown in Fig 3), and the closed gap between armature and the stator (i.e. when stator 28 is activated and the armature is in contact with the stator when the valve is closed, the gap between the armature and the stator would be closed – as known in the art, ¶0014, ¶0018) separates the fluid flow from the supply inlet through the armature into the plunger barrel volume (when the armature is in contact with the stator the fluid flow cant flow into the plunger barrel volume in Attached Figure T, thus the prior art addresses the language of the claim in the same manner as the instant application).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the armature and the pump body of Bartley USPN 7451741 with the through holes and the connecting passage taught by Sommars US 2004/0109768 in order to make it easier for the stator to move the plunger, by reducing the mass of the armature (e.g. with the through holes) and to reduce the weight of the pump (by providing the connecting passage).
Following the combination of art described above, the passages 509,509a of Aritomi would provide communication between the plunger barrel volume and the supply inlet in the closed state, when the gap is closed as claimed.
Regarding Claim 13: Bartley USPN 7451741 does disclose the limitations: wherein a portion of the supply inlet (Attached Figure Q) is formed between the pump body and the valve body (Attached Figure Q – the identified portion of the supply inlet is located axially between a bottom of the pump body (where an O-ring surrounds element 80) and a top of the valve body (where the screws/bolts pass through) in Fig 3).
Regarding Claim 14: Bartley USPN 7451741 does disclose the limitations: wherein a pump barrel longitudinal axis and a plunger barrel longitudinal axis are coaxially aligned within the fuel pump assembly (Fig 3).
Regarding Claim 15: Bartley USPN 7451741 does disclose the limitations: wherein the plunger includes an elongated plunger body (the elongated plunger body is defined by the sum of its parts) that has a plunger bottom portion (94 – Fig 3), a plunger top portion (90 – Fig 3), and a transition portion (92 – Fig 3) between the plunger bottom portion and the plunger top portion (Fig 3), and wherein the transition portion and the plunger bottom portion that extends from the transition portion are positioned between the pumping chamber and the supply inlet (as seen in Fig 3).
Regarding Claim 16: wherein the at least one passage is positioned at the transition portion (in the combination of prior art a portion of the first passage of in Attached Figure B’ of Aritomi would be located at the transition portion 92 in Fig 3 of Bartley) and is open to the supply inlet both when the plunger is in the open position and in the closed position (in the combination of prior art since the first passage in Attached Figure B’ of Aritomi would be connected to the identified supply inlet in Attached Figure Q of Bartley via the second passage in Attached Figure B’ of Aritomi – the claimed at least one passage (e.g. the first and second passages of Aritomi) would be open/in communication with the supply inlet regardless of the position of the plunger; also it is noted that in the combination the second passage of Aritomi would extend to the outer surface of the transition portion 92 in Fig 3 of Bartley just like it extends to the outer surface in Attached Figure B’ of Aritomi).
Regarding Claim 17: wherein the drive assembly (Bartley – drive assembly = stator 67, and armature 64 – Column 7 Line 2-21) includes a biasing member (Bartley – 66) that is configured to bias the plunger relative to the plunger barrel (Bartley – see Column 7 Line 2-54 and Attached Figure Q).
Regarding Claim 18: Bartley USPN 7451741 discloses the limitations: A method of operating a fuel supply system (MPEP §2112.02 I Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986)), the method comprising:
supplying low-pressure fuel to a fuel pump assembly at a low-pressure side (fuel pump assembly illustrated in Figs 2-3, low pressure fuel from fuel tank 14 is supplied via the supply inlet identified in Attached Figure Q, Column 5 Line 24-45; low pressure side = bottom side of box 18 in Fig 1 of Bartley); and
controlling a flow of fuel from the low-pressure side of the fuel pump assembly into a pumping chamber (86, Attached Figure Q, Column 5 Line 25-45) at a high-pressure side of the fuel pump assembly (high pressure side = fluid path defined by chamber 86, outlet passage 85 and the side of box 18 facing box 20 in Fig 1) via a pump inlet valve (i.e. via pump inlet valve 42 identified in Attached Figure Q);
a plunger barrel volume of the pump inlet valve (i.e. plunger barrel volume of the plunger barrel identified in Attached Figure Q);
a supply inlet of the fuel pump assembly (84, Attached Figure Q, Column 3 Line 55-58), the supply inlet located between the pumping chamber and the plunger barrel volume (as seen in Attached Figure Q an identified portion of the supply inlet is located between the pumping chamber and the plunger barrel volume as claimed),
wherein the fuel pump assembly includes a plunger 63 extending longitudinally between and having a same longitudinal axis as the pump inlet valve (as seen in Attached Figure Q) and a pump body of the pump assembly (pump body = pump body in Attached Figure Q; as seen in Attached Figure Q, plunger 63, the pump inlet valve, the pump body, and the pump barrel each have the same longitudinal axis as claimed),
wherein the plunger is positioned to allow fluid (i.e. fuel) to flow past the plunger between the pumping chamber and the supply inlet when the plunger is in an open position (as known in the art, open position of the valve – Column 1 Line 49-52, Column 5 Line 34-36) and is moved into the barrel volume to inhibit the fluid from flowing past the plunger assembly between the pumping chamber and the supply inlet when the plunger is in a closed position (as known in the art, the closed position is illustrated in Fig 3, Column 1 Line 55-57, Column 5 Line 36-38 – as seen in Fig 3 the plunger 63 is in the plunger barrel volume in the closed position, since the plunger moves away from the position shown in Fig 3 when in the open position, the plunger would inherently move into the plunger barrel when moving into the closed position),
wherein the fluid pump assembly includes a drive assembly (Bartley – drive assembly = stator 67, and armature 64 – Column 7 Line 2-54) including an armature 64 coupled to the plunger (Column 5 Line 34-54, Fig 3) and a stator (stator = 67, Column 7 Line 2-21, Line 26-42, Figure 3), the armature 64 being released by the drive assembly (i.e. released by a lack of magnetic flux in 67, Column 7 Line 31-42) to form a gap (i.e. a gap between a top surface of element 64 and a bottom surface of element 67) between the armature (e.g. the top surface of the armature 64) and the stator (e.g. the bottom surface of the stator 67) in the open position of the plunger (open position of the plunger = position of plunger 63 when 67 is deactivated and armature 64 moves away from 67 which causes 63 to move to the open position), the armature being pulled by the drive assembly to close the gap between the armature and the stator in the closed position of the plunger (closed position of the plunger = position of plunger 63 when 67 is activated that is illustrated in Fig 3; as seen in Fig 3 the gap between the armature and the stator is closed as claimed), and
in the closed position of the plunger the gap between the armature and the stator is closed (as seen in Fig 3). Bartley USPN 7451741 is silent regarding the limitations: wherein the plunger includes at least one passage that provides continuous fluid communication between the plunger barrel volume and the supply inlet of the pump assembly. The prior art of Aritomi US 2016/0290299 which is directed to an electromagnetic valve structure for a high pressure fuel supply pump (title, abstract) like Bartley USPN 7451741, is noted.
However, Aritomi US 2016/0290299 does disclose the limitations: wherein the plunger (the plunger = 503, ¶0036-¶0037, also see Annotated Figure 3 of Aritomi US 2016/0290299 (Attached Figure B’) above) includes at least one passage (at least one passage = 509,509a (the first passage and the second passage in Attached Figure B’)) that provides continuous fluid communication between the plunger barrel volume and the supply inlet of the pump assembly (following the combination of prior art passages 509,509a of Aritomi would provide continuous fluid communication between the articulated supply inlet of the pump assembly and the identified plunger barrel volume in Attached Figure Q of Bartley – since the passages 509,509a of Aritomi would provide fluid communication through the structure of the plunger 63 of Bartley; in Aritomi intermediate chamber 508 corresponds to chamber 100 in Fig 3 of Bartley which communicates with the supply inlet of Bartley) in the closed position of the plunger (following the combination of prior art passages 509,509a of Aritomi would provide continuous fluid communication between the articulated supply inlet of the pump assembly and the identified plunger barrel volume in Attached Figure Q of Bartley – since the passages 509,509a of Aritomi would provide fluid communication through the structure of the plunger 63 of Bartley – accordingly even in the closed position the plunger illustrated in Fig 3 of Bartley the passages 509,509a of Aritomi would provide continuous fluid communication between the articulated supply inlet of the pump assembly and the identified plunger barrel volume in Attached Figure Q of Bartley).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the plunger 63 of Bartley USPN 7451741 with the first and second passage in the plunger 503 of Aritomi US 2016/0290299 in order to avoid a pressure difference between a top portion and a bottom portion of the elongated plunger body with the fluid communication provided by the first and second passages 509,509a – also see ¶0036-¶0037 of Aritomi.
Bartley USPN 7451741 is silent regarding the limitations: the armature including through holes for the fluid to flow from the supply inlet through the through holes into the plunger barrel volume while the armature is released, and the closed gap between armature and the stator separates the fluid flow from the supply inlet through the armature into the plunger barrel volume. The prior art of Sommars US 2004/0109768 which is directed to a fuel pump like Bartley USPN 7451741, is noted.
However, Sommars US 2004/0109768 discloses the limitations: the armature (see Annotated Figure 3 of Sommars US 2004/0109768 (Attached Figure T) above) including through holes (Attached Figure T) for the fluid to flow from the supply inlet (Attached Figure T, 37) through the through holes into the plunger barrel volume while the armature is released (as seen in Attached Figure T the identified connecting passage allows the fuel to flow from the supply inlet through the through holes of the armature and into the plunger barrel volume when the armature is released from the stator as shown in Fig 3), and the closed gap between armature and the stator (i.e. when stator 28 is activated and the armature is in contact with the stator when the valve is closed, the gap between the armature and the stator would be closed – as known in the art, ¶0014, ¶0018) separates the fluid flow from the supply inlet through the armature into the plunger barrel volume (when the armature is in contact with the stator the fluid flow cant flow into the plunger barrel volume in Attached Figure T, thus the prior art addresses the language of the claim in the same manner as the instant application).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the armature and the pump body of Bartley USPN 7451741 with the through holes and the connecting passage taught by Sommars US 2004/0109768 in order to make it easier for the stator to move the plunger, by reducing the mass of the armature (e.g. with the through holes) and to reduce the weight of the pump (by providing the connecting passage).
Following the combination of art described above, the passages 509,509a of Aritomi would provide communication between the plunger barrel volume and the supply inlet in the closed state, when the gap is closed as claimed.
Further Regarding Claim 18: following the combination explained above, the at least one passage (i.e. first and second passages of Aritomi) would equalize the pressure (i.e. avoid a pressure difference) between the plunger barrel volume at the top half of the plunger 63 of Bartley and the supply inlet which communicates with the chamber 100 surrounding the bottom half of the plunger 63 of Bartley as claimed.
Regarding Claim 19: wherein the at least one passage of the plunger is configured to equalize the fluid pressure between the plunger barrel volume of the pump inlet valve and the supply inlet of the fuel pump assembly (following the combination of prior art passages 509,509a of Aritomi would provide continuous fluid communication and equalize the pressure between the articulated supply inlet of the pump assembly and the identified plunger barrel volume in Attached Figure Q of Bartley – since the passages 509,509a of Aritomi would provide fluid communication through the structure of the plunger 63 of Bartley; in Aritomi intermediate chamber 508 corresponds to chamber 100 in Fig 3 of Bartley which communicates with the supply inlet of Bartley); and
wherein the at least one passage includes a first passage that extends along a longitudinal axis of the plunger (Aritomi – see Attached Figure B’), and a second passage (Aritomi – see Attached Figure B’) that extends transversely from the first passage to an outer surface of the plunger (the reduced diameter portion 92 of the plunger body which faces the identified portion of the supply inlet in Attached Figure Q of Bartley corresponds to the claimed plunger outer surface | Aritomi – see Attached Figure B’ which shows a plunger outer body surface which corresponds to the plunger outer surface being claimed; in the combination the second passage of Aritomi would extend to the outer surface of Bartley just like it extends to the outer surface in Attached Figure B’ of Aritomi).
Regarding Claim 20: wherein controlling the flow of fuel from the low-pressure side of the fuel pump assembly into the high-pressure side of the fuel pump assembly via the pump inlet valve comprises:
allowing, on a compulsory basis, fuel to flow past the pump inlet valve while the pump inlet valve is in an open position (i.e. allowing fuel to flow past the inlet valve according to when the force generated by the solenoid controlling the inlet valve is overcome by the force of spring 66 and the plunger 63 is moved to the open position Column 7 Line 2-42); and
inhibiting the flow of fuel from flowing past the pump inlet valve when the pump inlet valve moves from the open position to a closed position (i.e. preventing the fuel from flowing past the inlet valve according to when the force generated by the solenoid controlling the inlet valve compresses the spring and moves the plunger counter to the spring force such that the inlet valve is closed, Column 7 Line 2-42).
Regarding Claim 21: wherein the at least one passage is formed within the plunger to provide the continuous fluid communication between the plunger barrel volume and the supply inlet of the pump assembly (following the combination of prior art explained above, both the first passage & the second passage identified in Attached Figure B’ of Aritomi would be in communication with (i.e. open to) the plunger barrel volume identified in Attached Figure Q of Bartley via the first passage identified in Attached Figure B’ of Aritomi; and the first passage & the second passage would be in communication with (i.e. open to) the supply inlet identified in Attached Figure Q via the first and second openings identified in Attached Figure B’ of Aritomi and chamber 100 in Fig 3 of Chia – thus the at least one passage would be able to provide the continuous fluid communication between the plunger barrel volume and the supply inlet of the pump assembly as claimed).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bartley USPN 7451741 in view of Aritomi US 2016/0290299 and Sommars US 2004/0109768 as applied to claim 5 above, and further in view of Yoshirio USPN 9512833.
Regarding Claim 7: Bartley USPN 7451741 as modified by Aritomi US 2016/0290299 and Sommars US 2004/0109768 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 5. Additionally Bartley USPN 7451741 discloses the limitations: a biasing member top end (i.e. top end of coil spring 66 in Fig 3). Bartley USPN 7451741 is silent regarding the limitations: a retainer is configured to inhibit radial movement of a biasing member top end.
However Yoshirio USPN 9512833 does disclose the limitations: a retainer 76 is configured to inhibit radial movement of a biasing member top end (when the solenoid valve of Yoshiro is rotated 180 degrees so as to be oriented like the solenoid valve of Bartley – the end of biasing member 78 which engages retainer 76 in Fig 2 & Fig 4B of Yoshiro would be a biasing member top end; additionally as seen in Fig 4B retainer 76 extends inside spring 78 and thus inhibits radial movement of the biasing member top end as claimed).
Hence it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the axial extension inside the inner diameter of the biasing member of the retainer 76 as taught by Yoshirio USPN 9512833 into the solenoid valve of Bartley USPN 7451741 in order to hold the inner diameter at an upper end of the spring in place as known in the art.
Examiner's Note: The Examiner respectfully requests of the Applicant in preparing responses, to fully consider the entirety of the references as potentially teaching all or part of the claimed invention.
It is noted, REFERENCES ARE RELEVANT AS PRIOR ART FOR ALL THEY CONTAIN. “The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments (see MPEP § 2123).
Additionally the origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention, as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). (See MPEP § 2125).
The Examiner has cited particular locations in the reference(s) as applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claims, typically other passages and figures will apply as well.
Furthermore: with respect to the prior art and the determination of obviousness, it has been held that Prior art is not limited just to the references being applied, but includes the understanding of one of ordinary skill in the art. The "mere existence of differences (i.e. a gap) between the prior art and an invention DOES NOT ESTABLISH the inventions nonobviousness." Dann v. Johnston, 425 U.S. 219, 230, 189 USPQ 257, 261 (1976). Rather, in determining obviousness the proper analysis is whether the claimed invention would have been obvious to one of ordinary skill in the art after consideration of all the facts. And factors other than the disclosures of the cited prior art may provide a basis for concluding that it would have been obvious to one of ordinary skill in the art to bridge the gap. (See MPEP § 2141).
Response to Arguments
Applicant’s arguments, see Page 8 ¶4-Page 10 Line 4, filed 01/21/2026, with respect to the rejection(s) of claim(s) 1 under Bartley USPN 7451741 in view of Aritomi US 2016/0290299 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bartley USPN 7451741 in view of Aritomi US 2016/0290299 and Sommars US 2004/0109768.
Page 10 ¶1: Applicant traverses the rejection(s) of claim(s) 2-3, 5-11, and 21 based entirely on the arguments discussed above with respect to claim(s) 1.
--Applicants arguments are not persuasive. Applicant makes no new arguments with respect to claim(s) 2-3, 5-11, and 21. Thus applicants arguments are not persuasive for the same reasons already discussed above.--
Page 10 ¶2-¶5: Applicant traverses the rejection(s) of claim(s) 12-17 & 18-20 based entirely on the arguments discussed above with respect to claim(s) 1.
--Applicants arguments are not persuasive. Applicant makes no new arguments with respect to claim(s) 12-17 & 18-20. Thus applicants arguments are not persuasive for the same reasons already discussed above.—.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S HERRMANN whose telephone number is (571)270-3291. The examiner can normally be reached 8:00 AM - 5:00 PM EST.
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/CHARLES G FREAY/Primary Examiner, Art Unit 3746
/JOSEPH S. HERRMANN/ Examiner, Art Unit 3746