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 Objections
Claim 9 objected to because of improper grammar: Claim 9 recites “striking the top of the power pull fork with the tool so transmit a force.” The examiner believes the claim should read “to transmit a force.” 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.
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 9 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. Claim 9 claims a system, while listing steps of a method. For examination purposes, the examiner has interpreted the preamble as “A method for removing a stuck fuel injector…”
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.
Claims 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Del Rossa (US 20180306153 A1) in view of Weisshaar (US 5906034 A).
Regarding claim 1, Del Rossa discloses a fuel injector remover apparatus (Abstract; Note: “fuel injector remover” is an intended use and the Applicant is reminded that a claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim—see MPEP 2114) comprising:
a power pull fork having a front, a back, a first side, a second side, a top and a bottom; (fork 26)
an opening in the power pull fork wherein the opening is circular having a diameter; (FIG. 5B: hole 36 in fork 26 with a circular opening having a diameter)
a u-shaped opening at the front of the power pull fork; (FIG. 5B: u-shaped opening formed by tines 34 and semi-circular opening 39 at the front of fork 26)
a screw having a top end, a bottom end and a generally cylindrical side; (FIG. 7: threaded screw 28 with a top end, a bottom end and generally cylindrical side)
wherein the screw passes through the opening of the power pull fork; (FIG. 7: screw 28 passes through hole 36 of fork 26)
wherein the u-shaped opening of the power pull fork is secured around a fuel injector (the u-shaped opening in fork 26 is secured around a fuel injector; see ¶[0024]).
Del Rossa does not disclose an indented portion on the top of the power pull fork wherein the indented portion receives a portion of a tool for striking the top of the power pull fork.
However, Weishaar (US 5906034 A), in the same or similar field of endeavor related to devices comprising a clamp and a fastener for applying an axial force to remove components, teaches an indented portion on the top of a power pull fork (rectangular depression 29 on top of support fork 24; The examiner notes that the tool has not been positively recited as part of the claimed invention, i.e. fuel injector remove apparatus. The indented portion receiving a portion of a tool for striking the top of the power pull fork is an intended use, and given that there is no additional structure provided in the claim language, the rectangular depression would be capable of receiving a portion of a tool for striking the fork).
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 power pull fork of Del Rossa with an indented portion, as taught by Weishaar. Such a modification is viewed as a change in shape, which has been held to be of routine by one skilled in the art (see MPEP 2144.04). Weishaar teaches that the power pull fork has indented portions for adaption to specific predetermined shapes of a separate component that comes into contact with the fork (see Weishaar Col. 5, Lines 28-44). One would have been motivated to modify the power pull fork with an indented portion depending on the predetermined shape of the tool that comes into contact with the power pull fork. Further, when looking to the instant application, namely ¶[0035] of the specification, there is no discussion of criticality or unexpected results concerning the indented portion.
Regarding claim 2, the rejection of claim 1 is incorporated in this rejection. Del Rossa, as modified, further teaches a head of the screw at the top end of the screw wherein the head of the screw has an opening for receiving a tool to turn the screw (cap 40 at the top end of screw 28 has a hexagonal socket 41 that is capable of receiving an Allen wrench to turn the screw; see also Del Rossa ¶[0023]).
Regarding claim 3, the rejection of claim 1 is incorporated in this rejection. Del Rossa, as modified, further teaches a pointed tip of the bottom end of the screw (pointed tip 38 at the bottom of screw 28).
Regarding claim 4, the rejection of claim 1 is incorporated in this rejection. Del Rossa, as modified, further teaches a power pull pad having a top, a bottom and a side wherein the top of the power pull pad has an indented portion for receiving the bottom end of the screw (FIG. 7: plate 24 with a top, a bottom, and a side wherein the top of plate 24 has dimple 32 for receiving the bottom end of screw 28).
Regarding claim 5, the rejection of claim 1 is incorporated in this rejection. Del Rossa, as modified, further teaches a threaded member located within the interior of the opening of the power pull fork wherein the threaded member of the opening correspondingly mates with a threaded member of the side of the screw (threads in hole 36 of fork 26, shown in FIG. 5A, mates with threaded portion 42 of screw 28; see also ¶[0024]).
Regarding claim 6, the rejection of claim 1 is incorporated in this rejection. Del Rossa, as modified, does not teach that the indented portion of the power pull fork has a depth between one quarter to one third of the height of the power pull fork.
However, 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 indented portion of the power pull fork of Del Rossa, as modified, to have a depth between one quarter to one third of the height of the power pull fork.
Such a modification is viewed as a change in shape, which has been held to be of routine by one skilled in the art (see MPEP 2144.04). Weishaar teaches that the power pull fork has indented portions for adaption to specific predetermined shapes of a separate component that comes into contact with the fork (see Weishaar Col. 5, Lines 28-44). One would have been motivated to modify a depth of the indented portion depending on the predetermined shape of the tool that comes into contact with the power pull fork. Further, when looking to the instant application, namely ¶[0035] of the specification, there is no discussion of criticality or unexpected results concerning the indented portion.
Regarding claim 8, the rejection of claim 1 is incorporated in this rejection. Del Rossa, as modified, does not explicitly teach that the u-shaped opening has a width which is equal to or larger than a width of the fuel injector.
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 u-shaped opening of Del Rossa, as modified, to have a width equal to or larger than a width of the fuel injector. Such a modification is viewed as a change in shape, which has been held to be of routine by one skilled in the art (see MPEP 2144.04). The examiner notes that the fuel injector has not been positively recited as part of the claimed invention, i.e. fuel injector remover apparatus. The width of the opening would require having a width at least equal to a width of the fuel injector so the apparatus can be positioned around the fuel injector. Further, when looking to the instant application, namely ¶[0034] of the specification, there is no discussion of criticality or unexpected results concerning the width of the u-shaped opening.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Del Rossa (US 20180306153 A1) in view of Weisshaar (US 5906034 A), further in view of Howell (US 1683189 A).
Regarding claim 7, the rejection of claim 1 is incorporated in this rejection. Del Rossa, as modified, teaches that the power pull pad has a flat bottom (see Del Rossa FIG. 4D: plug 30 of plate 24 has a flat bottom), but does not teach that the power pull pad has a knurled edge.
However, Howell (US 1683189 A), in the same or similar field of endeavor related to devices comprising a clamp and a fastener for applying an axial force to remove components, teaches that the component positioned to receive a screw has a knurled edge (see Howell FIG. 1: cap 17 is knurled; see also Howell Lines 58-98).
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 power pull pad of Del Rossa, as modified, to have a knurled edge, as taught by Howell. One would have been motivated to make such a modification “so that it may be readily adjusted by hand without the use of tools” (Howell Lines 58-98).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Del Rossa (US 20180306153 A1) in in view of Huang (DE102015114694A1).
Regarding claim 9, Del Rossa discloses a method for removing a stuck fuel injector (see Abstract) comprising the steps of: providing a power pull fork having a front, a back, a first side, a second side, a top and a bottom; (fork 26 having a front, a back, a first side, a second side, a top and a bottom)
providing an opening in the power pull fork wherein the opening is circular having a diameter; (FIG. 5B: hole 36 in fork 26 with a circular opening having a diameter)
providing a u-shaped opening at the front of the power pull fork; (FIG. 5B: u-shaped opening formed by tines 34 and semi-circular opening 39 at the front of fork 26)
providing a screw having a top end, a bottom end and a generally cylindrical side; (FIG. 7: threaded screw 28 with a top end, a bottom end and generally cylindrical side)
wherein the screw passes through the opening of the power pull fork; (FIG. 7: screw 28 passes through hole 36 of fork 26)
wherein the u-shaped opening of the power pull fork is secured around a fuel injector; (the u-shaped opening in fork 26 is secured around a fuel injector; see ¶[0024])
Del Rossa does not disclose providing an indented portion on the top of the power pull fork wherein the indented portion receives a portion of a tool for striking the top of the power pull fork,
placing a portion of a tool within the indented portion of the top of the power pull fork and striking the top of the power pull fork with the tool to transmit a force to the fuel injector to dislodge the fuel injector from an engine.
However, Huang (DE102015114694A1) in the same or similar field of endeavor related to fuel injector removal, teaches providing an indented portion on the top of the component that clamps the fuel injector wherein the indented portion receives a portion of a tool for striking the top of the clamping component, placing a portion of a tool within the indented portion of the top of the power pull fork and striking the top of the power pull fork with the tool to transmit a force to the fuel injector to dislodge the fuel injector from an engine (see Huang FIGS. 1 and 4: mounting hole 12 formed on one side of clamping part 1, wherein hole 12 receives ram 5 with “an operating portion 52 is provided at the other end of the ram 5 to provide a surface to be struck by an iron hammer or a pneumatic hammer” “to disassemble the fixedly mounted injector 8 from the engine cylinder”; Huang Eng. Trans ¶[0017] and [0020]).
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 method of Del Rossa to include providing an indented portion on the top of the power pull fork wherein the indented portion receives a portion of a tool for striking the top of the power pull fork, placing a portion of a tool within the indented portion of the top of the power pull fork and striking the top of the power pull fork with the tool to transmit a force to the fuel injector to dislodge the fuel injector from an engine, as taught by Huang.
One would have been motivated to make such a modification so that the injection valve is easily disassembled, but not easily damaged, as taught by Huang in ¶[0020] in the English Translation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
King (US 20030033714 A1) teaches a method and apparatus for removal and installation of a fuel injector comprising a forked clamp and a screw.
Yang (US 10583546 B2) teaches an engine component removal tool with a forked clamp and threaded rod.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE JOH whose telephone number is (571)272-0410. The examiner can normally be reached Mon-Fri 8a-5p.
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/C.J./Examiner, Art Unit 3723
/TOM RODGERS/Primary Examiner, Art Unit 3723
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