DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 6-10, 17-18, 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 1, the limitation “a combustor configured to operate with the substantially completely diatomic hydrogen fuel flow, the fuel flow being without diluent” is not supported in the original disclosure. Amended subject matter is new matter when there is no express, inherent, or implicit support. See MPEP 2163 I. There is no in haec verba requirement. Id. The specification provides a single location for support of the limitation at para. [0078]. The specification states “With the combustor sized as described in these embodiments, hydrogen fuel can be used without the need of diluents. In some embodiments, no diluent is added to the combustion chamber 430 and the fuel is substantially completely diatomic hydrogen without diluent.” Thus, the specification makes clear that the use of substantially completely diatomic hydrogen without diluent is disclosed in the embodiments where no diluent is added to the combustor. Since the only support in the specification provides that substantially completely diatomic hydrogen without diluent is provided in those embodiments without diluent, the original disclosure does not expressly, inherently, or implicitly support the limitation. Though it is evident to an ordinary skilled worker that diatomic hydrogen can be used without diluent, the Examiner finds there is no suggestion, implicit, express or inherent, that an ordinary skilled worker would understand that the elected embodiment can be carried out with diatomic hydrogen without diluent. Furthermore, to the extent that an argument is made that the dilution passages 912 can be used for shaping, the specification makes clear that the set of dilution passages 912 is for flame shaping and dilution. See paras. [0090] and [0092]. Additionally, the use of compressed curtain air itself inherently results in dilution. Thus, the limitation is found to be new matter.
Claims dependent thereon are rejected for the same reasons.
Allowable Subject Matter
Claims 1-4, 6-10, 16-18, 20 are allowed.
The following is an examiner’s statement of reasons for allowance: the closest prior art of record with respect to the claims appears to be Roberts US 5,335,502 or Chen US 2009/0199563. Roberts and Chen are relied upon to teach the claimed combustor size rating of between one and seven inches. While the Examiner asserts that the height and the length of Roberts and Chen are at the claimed locations, it does not appear that Roberts or Chen show the maximum height to be at the dome. Rather it appears that the maximum height is aft of the dome. Thus, a rejection is withheld.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 GERALD LUTHER SUNG whose telephone number is (571)270-3765. The examiner can normally be reached 9-5 PST.
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, Devon Kramer can be reached at (571)272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GERALD L SUNG/Primary Examiner, Art Unit 3741
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