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 .
Information Disclosure Statement
The information disclosure statement filed 07/18/2024 is acknowledged by the Examiner.
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.
Claim 11 is 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 claim 11, the phrase "groove- like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
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 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 of this title, 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.
Claims 1-10 and 12 are rejected, as well as claim 11 as far as it is definite, under 35 U.S.C. 103 as being unpatentable over Kalenborn (DE 102012010268) in view of Sako (JP 2007009899).
Kalenborn discloses:
1. (Currently Amended) A magnet assembly (1, fig. 1) for a fuel injector (see title/abstract), having a magnet armature (12) which is arranged so as to be movable by lifting in a direction of a longitudinal axis (along 8, 12) and is coupled to a valve element (7, 8), wherein the valve element (7, 8) serves to open or close a hole (3, 4) formed in a valve plate (6) for a pressure medium in a direction of a low-pressure region, wherein the valve element (7, 8) abuts with a first end face (top flat face against 12b, as seen in fig. 1) facing the magnet armature (12), an end face (bottom face of 12b) of the magnet armature (12) facing the valve element (7, 8) and a pressure spring (13) applies a force to the magnet armature (12) in a direction of the first end face (top face of 8) of the valve element (7, 8), wherein the valve element (7, 8) is arranged movably relative to the magnet armature (12) in a plane perpendicular to the longitudinal axis (“The bar arrangement 8th is here in an axial guide 9 , ie a hole, on the injector 1 recorded, ie with little play” in the Description indicates there is play between 8 and the hole 9, and further states “Furthermore, no firm connection with the anchor part 12 received.”).
2. (Currently Amended) The magnet assembly according to claim 1, wherein the valve element (7, 8) is formed as a pin with two flat end faces (flat ends of 8, as seen in fig. 1) arranged opposite one another as viewed in the direction of the longitudinal axis, and in that the end face (bottom of 12b) of the magnet armature (12) is flat, at least in a region of overlap with the valve element (as seen in fig. 1).
10. (Currently Amended) A fuel injector (1), comprising a magnet assembly (10) according to claim 1.
However, Kalenborn does not disclose wherein a bearing surface of the valve plate facing the valve element is provided with a structuring for reducing an adhesive force between the valve element and the valve plate; wherein the structuring on the valve plate comprises at least one depression; wherein the at least one depression is formed as a circular arc section or circle arranged concentrically around the longitudinal axis; wherein the at least one depression is formed as a straight line; wherein several depressions are provided which at least partially intersect; wherein the depressions extend over an entire surface of the valve plate on a side including the bearing surface; and wherein the at least one depression is a groove-like depression.
Sako teaches a related fuel injector valve (figs. 1-10) wherein a bearing surface (33, 34) of a valve plate (4) facing the valve element is provided with a structuring (31, 32) that is capable of reducing an adhesive force between the valve element and the valve plate (Sako teaches grooves in the seat plate, similar to Applicant’s grooves which are used to reduce adhesive force; note, Regarding the limitation, "for ," it is noted that "while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997)); wherein the structuring on the valve plate comprises at least one depression (31, 32); wherein the at least one depression is formed as a circular arc section or circle (31) arranged concentrically around the longitudinal axis (figs. 2, 3, and 9a show the concentric shape); wherein the at least one depression (32) is formed as a straight line (figs. 2a, 3, 9a, and 9b show how 32 comprises several straight lines); wherein several depressions are provided which at least partially intersect (figs. 2a, 3, 9a, and 9b show the sections 31 and 32 intersect); wherein the depressions extend over an entire surface of the valve plate on a side including the bearing surface (as seen in figs. 2a, 3, 9a, and 9b, grooves 31 and 32 extend over the entire surface of plate 4); and wherein the at least one depression is a groove-like depression (as seen in figs. 1, 2b, 3, 5-8, 10a, and 10b), for the purpose of smoothing flow past the seat, reducing damage at high pressures (“since the high-pressure fuel flows smoothly on the outer diameter side of the outer diameter side inner wall surface 31a, the stress applied to the outer diameter side of the outer diameter side inner wall surface 31a is further suppressed).
It would have been obvious to one of ordinary skill in the art to modify the invention of Kalenborn, wherein a bearing surface of the valve plate facing the valve element is provided with a structuring for reducing an adhesive force between the valve element and the valve plate; wherein the structuring on the valve plate comprises at least one depression; wherein the at least one depression is formed as a circular arc section or circle arranged concentrically around the longitudinal axis; wherein the at least one depression is formed as a straight line; wherein several depressions are provided which at least partially intersect; wherein the depressions extend over an entire surface of the valve plate on a side including the bearing surface; and wherein the at least one depression is a groove-like depression, as taught by Sako, for the purpose of smoothing flow past the seat, reducing damage at high pressures.
Although neither Kalenborn or Sako disclose specifically wherein the depressions extend only over a radially inner region of the valve plate on a side including the bearing surface; wherein the at least one depression has a width of between 10 pm and 300 µm; or wherein the at least one depression has a width of between 50 µm and 100 µm, it would have been an obvious matter of design choice to modify Kalenborn taken with Sako, to have the depressions extend only over a radially inner region of the valve plate on a side including the bearing surface; wherein the at least one depression has a width of between 10 pm and 300 µm; or wherein the at least one depression has a width of between 50 µm and 100 µm, since applicant has only disclosed these as preferences and has not disclosed that having the depressions extend only over a radially inner region of the valve plate on a side including the bearing surface; wherein the at least one depression has a width of between 10 pm and 300 µm; or wherein the at least one depression has a width of between 50 µm and 100 µm solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs.
Furthermore, absent a teaching as to criticality that the depressions extend only over a radially inner region of the valve plate on a side including the bearing surface; wherein the at least one depression has a width of between 10 pm and 300 µm; or wherein the at least one depression has a width of between 50 µm and 100 µm, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20180340500, DE 102016219244, DE 102016218846, EP 2409308, DE 102016210393, and US 20160115845 each disclose related injector that use grooved depressions to prevent sticking. US 20170248238, DE 102015206467, US 20160115845, WO 2005000524, US 2005954, and US 1245516 each disclose valves with depressions in the seats. US 5984264 discloses an injector having a valve member laterally movable in relation to the armature.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA TIETJEN, whose telephone number is 571-270-5422. The examiner can normally be reached on Monday-Friday (10:30AM-7:00PM CST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Tom Barrett can be reached at 571-272-4746, Ken Rinehart can be reached at 571-272-4881, and Craig Schneider can be reached at 571-272-3607. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARINA A TIETJEN/Primary Examiner, Art Unit 3753
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