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 .
Election/Restrictions
Applicant’s election of Invention group I (claims 1-17) and species A (figs. 2-3; claims 1, 2, 4-10, 12-17) in the reply filed on 6/25/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1, 2, 4-10, 12-17 are addressed below. Claims 3, 11, 18 are withdrawn.
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(s) 9 is/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.
Claim 9 reciting “the shut off valve member” and “the fuel passage” is indefinite as these limitations lack proper antecedent basis in the claim. As best understood, this is interpreted to mean the valve assembly until further clarification.
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 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) 1, 9-10, 12-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gotthardt (DE102016122092A1).
Regarding claim 1, Gotthardt discloses an injection device (see fig. 4A) for injecting a combined water/gaseous fuel mixture into a combustion space of an engine, the injection device comprising:
a first inlet (A1) for receiving a supply of water into a water chamber;
a second inlet (A2) for receiving a supply of gaseous fuel into a flow passage (M);
a mixing device (I1) comprising a valve assembly which is configured to control the flow of water between the water chamber and the flow passage (M) so as to establish a combined gaseous fuel/water mixture within the flow passage; and
an injection nozzle (I2) including a valve needle (bod y of I2) which is operable to control the delivery of the combined gaseous fuel/water mixture from the flow passage into the combustion space.
Regarding claim 9, Gotthardt discloses the shut off valve member (the valve assembly; see 112 rejection above) is an annular member and wherein the fuel passage extends through the shut off valve member (see fig. 4A; fuel flows through the center of I1).
Regarding claim 10, Gotthardt discloses the mixing device (I1) including a water-metering orifice (opening that allows water flowing through I1 from A1; see fig. 4A) between the water chamber and the flow passage, whereby the flow of water through the water-metering orifice is under the control (via structure of I1) of the valve assembly.
Regarding claim 12, Gotthardt discloses a fuel injection system (fig. 4a-4b) for injecting gaseous fuel into a combustion space of an engine, the fuel injection system including;
a storage assembly comprising a first store for storing gaseous fuel (upstream of A2, pressurized gas tank not shown) and a second store for storing water (upstream of A1, at/upstream of pump or around/upstream of valve I1), the first and second stores configured to deliver gaseous fuel and water respectively to the injection device of claim 1 (as shown in fig. 4a).
Regarding claim 13, Gotthardt discloses the fuel injection system as claimed in claim 12, wherein the mixing device of the injection device forms a part of the storage assembly (water has to exist inside the mixing device I1 for a time before existing I1).
Regarding claim 14, Gotthardt discloses the fuel injection system as claimed in claim 12, wherein the injection nozzle (I2) and the mixing device (I1) are separated from one another (see fig. 4a).
Regarding claim 15, Gotthardt discloses the fuel injection system as claimed in claim 12, wherein the mixing device is located immediately upstream of the injection device (see fig. 4a).
Regarding claim 16, Gotthardt discloses the fuel injection system as claimed in claim 15, wherein the mixing device is formed in an integrated housing together with the injection device (I1 and I2 are installed within the same integrated housing part labeled E1).
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, 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 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gotthardt (DE102016122092A1) in view of Ueda (US 6095111).
Regarding claim 2, Gotthardt is silent regarding the injection nozzle is an outwardly-opening injection nozzle in which the valve needle moves outwardly from an injection nozzle housing to initiate delivery of the combined gaseous fuel/water mixture.
However, injection nozzle with valve needle moving outward from an injection nozzle housing is known, as shown in Ueda’s fig. 6 (nozzle housing 78, valve needle 81a moving downward/outward to deliver fuel).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gotthardt to incorporate the teachings of Ueda to utilize the injection nozzle that is an outwardly-opening injection nozzle in which the valve needle moves outwardly from an injection nozzle housing to initiate delivery of the combined gaseous fuel/water mixture. Utilizing a different known nozzle would yield the predictable result of facilitating fuel discharge as shown in Ueda’s figure 6.
Claim 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gotthardt (DE102016122092A1).
Regarding claim 17, Gotthardt is silent regarding a plurality of injection devices, each having an associated mixing device and configured to deliver a combined water/fuel mixture from an associated flow passage into the combustion space under the control of the injection nozzle (Gotthardt shows detail of one injection device).
However, It is known to have plurality of similar injection device in various fuel injection system. A person of ordinary skill in the art would have had the technological capabilities to utilize duplicates of the same injection device in duplicate of combustion space. No inventive effort would have been required.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of injection devices, each having an associated mixing device and configured to deliver a combined water/fuel mixture from an associated flow passage into the combustion space under the control of the injection nozzle, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Allowable Subject Matter
Claims 4-8 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The combination of the prior arts teaches various features of the claimed invention, as presented above, but fail to teach or suggest further details of the valve assembly in the mixing device defined in claims 4-8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUONGMINH NGUYEN PHAM whose telephone number is (571)270-0158. The examiner can normally be reached 9AM - 5PM M-F.
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/TUONGMINH N PHAM/Primary Examiner, Art Unit 3752
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