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 .
Status of Claims
Currently claims 16-32 are pending, claims 1-15 are canceled, claims 1, 29-30 and 33 have been amended.
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.
Claim(s) 16-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baek (U.S. 2014/0008287).
With respect to claim 16, Baek discloses an injector for injecting a fluid (figure 1-7), comprising:
a tubular section (figure 1, where the fuel injector 11 has a tubular section); and
a filter configured to filter the fluid to be injected (abstract, paragraph 0064), the filter is arranged in the tubular section of the injector (as seen in figure 1. Where the bush 123/23 is inserted into an area of a tube that holds it (paragraph 0041)), and including a sleeve (123/23) and a filter body (121/21), the sleeve holding the filter body in the tubular section (paragraph 0041), the sleeve including a securing section (the section of 123/23 against 121/21 at 121a/21a) and a holding section (the outer section/portion of 23 which is against an inner side of 11), the securing section is connected to the filter body (as seen in figures 5-6), wherein the holding section holds the sleeve in the tubular section of the injector (paragraph 0041), and the filter body or parts of the filter body being arranged exclusively within the securing section (as seen in figure 5, as understood the formation of 23 is what holds the filter frame 21 to the housing 11)),
wherein the holding section (out portion of 23) and the securing section (inner portion of 23) are axially separated (the axis going through 23, being a lateral axis) such that the holding section is free of filter body material (as no filter body material is on the outside portion of 23, and is thus free of it), wherein the holding section is configured to deform freely without the filter body deforming (paragraph 0056, where 34 is bending (and thus deforming) as it is formed about the filter frame 21, such that 23 has lower and upper bushing that bend (deform) in an inward direction, where no indicated deformation of 23 is noted occurring during this curling step S115).
With respect to claim 17, Baek discloses wherein the sleeve is made of metal, the metal being brass or steel (paragraph 0009 discloses such bush is known to be made of a brass material).
With respect to claim 18, Baek discloses the sleeve is a deep-drawn component (paragraph 0023).
With respect to claim 19, Baek discloses the filter body is made of plastics material (paragraph 0009 and 0021-0022, the synthetic resin being a type of plastic).
With respect to claim 20, Baek discloses the filter body is an injection-molded component (paragraphs 0021-0022).
With respect to claim 21, Baek discloses the securing section and the filter body are connected to one another by the filter body being at least partially cast (paragraph 0048, cast such that it is performed in a curling process to connect the two) into the securing section on an inner side of the securing section (paragraph 0048).
With respect to claim 22, Baek discloses a press connection is formed between the holding section and the tubular section (paragraph 0007 and 0041, where the noted two are pressed together such that the bushing is seated within the housing 11, the two elements being two separate elements then combined together).
With respect to claim 23 Baek discloses the holding section extends over at least 10% and at most 40% of an entire axial length of the sleeve (See figure 5, as 23 is shown between 10% and 40% of the Lenth of 21 from top to bottom).
With respect to claim 24, Baek discloses the holding section (outer section of 23) has a larger outer diameter than the fastening section and then the filter body (as 23 is larger in diameter then the filter body and the elements of the filter fastening it to the securing/holding section of 123/23.
With respect to claim 25, Baek discloses the sleeve further includes a connecting section which connects the securing section and the holding section to one another (being the section that is a middle part of 23, connecting the outer wall to the inner wall by being the middle portion of 23).
With respect to claim 26, Baek discloses at least a part of the connecting section widens radially in a direction of the holding section (as shown in figure 5, taking the connecting section to then include the divot in the middle, which then widens as it radially goes down).
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.
Claim(s) 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek.
With respect to claims 27 and 28, Baek discloses the holding section and the sleeve, but fails to disclose the thickness of these section wherein the holding section has a wall thickness of at least 0.1 mm to a maximum of 0.5 mm and wherein the entire sleeve has a wall thickness of at least 0.1 mm to a maximum of 0.5 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the thickness 0.1 to 0.5mm of the holding section and the sleeve section in Baek, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II-A). Please note in the instant application applicant has not disclosed any criticality for the claimed limitations.
Claim(s) 23-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek in view of Stegmaier (U.S. 5,340,032).
With respect to claim 29, Baek discloses an injector sleeve (being the sleeve of the injector the device is located within), but fails to disclose Stegmaier discloses closer configured to expose and close at least one through-opening in a sealing seat;
restorer configured to apply to the closer a restoring force for resetting and a closing force in order to push the closer onto the sealing seat in a sealing manner; and
an injector sleeve which is arranged in an operative connection between the filter and the restorer in an axial direction of the injector;
wherein the restorer is supported on the injector sleeve;
and wherein a final axial position of the restorer is determined by a position of the filter in the injector.
Stegmaier discloses closer (valve with 55 as the closing body) configured to expose and close at least one through-opening in a sealing seat (seat 20);
a restorer (spring 26) configured to apply to the closer a restoring force for resetting and a closing force in order to push the closer onto the sealing seat in a sealing manner (abstract, figure 1); and
an injector sleeve (48a) which is arranged in an operative connection between the filter and the restorer in an axial direction of the injector (as seen in figure 3);
wherein the restorer is supported on the injector sleeve (as the spring is supported on the bottom side of 481); and
wherein a final axial position of the restorer is determined by a position of the filter in the injector (as the filter determines where 48a is located, which in turn acts as the upper rest of the return spring 26, see figure 3). Disclosing, column 1 rows 39-48, In contrast, the electromagnetically operated injection valve in accordance with the invention has the advantage that the filtration of the fuel and the setting of the spring force is affected by a single component, thereby considerably reducing the production effort relative to the prior art in a simple manner, and consequently lowering the production costs significantly.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the restorer, injector sleeve, and closer as disclosed by Stegmaier into the system of Baek, as this would have the advantage that the filtration of the fuel and the setting of the spring force is effected by a single component, thereby considerably reducing the production effort relative to the prior art in a simple manner, and consequently lowering the production costs significantly.
With respect to claim 30, Baek as modified discloses discloses the injector sleeve is directly in contact with the restorer and directly in contact with the filter (as seen in figure 3 of Stegmaier).
With respect to claim 31, Baek as modified discloses the filter body of the filter is formed pot-shaped with a bottom region and a lateral region (as shown in 5, having an open top, filter on the sides, and a closed bottom), wherein the bottom region is arranged in a direction of the injector sleeve (as seen in figure 1).
With respect to claim 32, Baek as modified discloses discloses the bottom region is formed without filter openings (as shown in figures 5-7 and 10, where the filter appears only on the side).
Allowable Subject Matter
Claim 32 is allowed. See reasons for allowance in the Non-Final Rejection mailed on 07/18/2025.
Response to Arguments/Amendments
The Amendment filed (11/18/2025) has been entered. Currently claims 16-32 are pending, claims 1-15 are canceled, claims 1, 29-30 and 33 have been amended. Applicants’ amendments to the claims have failed to overcome each and every rejection previously set forth in the Office Action dated (07/18/2025). Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive. Applicant argues that the reference of Baek fails to disclose the claimed limitation, examiner respectfully disagrees, as there is a method step of forming the device where the holding section is being deformed and the filter body is not being deformed. That is when the metal is being bent around the body to form around the body, the body is not deforming also.
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 A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752