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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the cam follower attached to the piston body to bear directly on a surface of a single power cam and a connecting rod that is provided for connecting the piston head with the piston body must be shown or the feature(s) canceled from the claim(s). The drawings currently show a cam follower (150) attached to a connecting rod (135) of a piston, wherein the piston assembly has a piston head, a piston body (110), a connecting rod (135) connected to the piston body (110) and extending away from the piston head with a cam follower (150) at an opposite end, such that the piston head is on one end of the connecting rod (135) and the cam follower (150) is at the other opposite end of the connecting rod as shown below in Applicant’s Figure 9 and further show a piston body (112) and piston head (111) with the connecting rod connected to the piston as one unit in Applicant’s Figure 6b wherein the piston head is not a separate component but the head portion of the piston body. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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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 1-15 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 1 recites “a piston head, a piston body, and a connecting rod having an end connected to the piston head; a cam follower attached to the piston body” in the 14th line of the claim. The Specification does not recite how the piston body is connected to a connecting rod and a cam follower and does not enable one of ordinary skill in the art to have the piston body connected to both the connecting rod and the cam follower such that the cam follower while attached to the piston body is able to bear directly on a surface of a single power cam. Claims 2-15 depend on claim 1 and are therefore rejected. For the purposes of examination, it will be understood as the cam follower is connected to the connecting rod. Claim 13 recites “a connecting rod is provided for connecting the piston head with the piston body”. The Specification does not recite how a piston body that comprises a piston head portion can have a connecting rod intertwined within itself to connect components of itself such that the piston head is connected to the piston body via a connecting rod.
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.
Claims 1-15 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.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: Claim 1 recites “a piston head, a piston body, and a connecting rod having an end connected to the piston head; a cam follower attached to the piston body” in the 14th line of the claim. The claim does not recite how the piston body is connected to both the connecting rod and the cam follower such that the cam follower while attached to the piston body is able to bear directly on a surface of a single power cam. Claims 2-15 depend on claim 1 and are therefore rejected. For the purposes of examination, it will be understood as the cam follower is connected to the connecting rod.
Claim 13 recites in the 2nd line of the claim “a connecting rod is provided for connecting the piston head with the piston body”, it is unclear if this is a second connecting rod, wherein claim 13 depends on claim 1 and claim 1 recites a connecting rod, and it is further unclear how the connecting rod provides connection with the piston head and the piston body, wherein the piston head is the head portion of the piston body. For the purposes of examination, it will be understood as the connecting rod connects the piston body to the cam follower.
Claim Rejections - 35 USC § 102
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.
Claims 1-9 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Franklin (US 1,762,437).
In regards to claim 1:
Franklin teaches an axial internal combustion engine comprising: at least one cylinder (14) supported by an engine mount; a piston assembly (10) slidably received within the cylinder defining a combustion chamber and a pump chamber arranged axially relative to each other, the piston assembly (10) being configured to move along a first direction inside the cylinder causing a fuel-air-oil mixture to be drawn into the pump chamber, then to move along a second, opposite direction, for pumping the fuel-air-oil mixture into the combustion chamber, then to move again along the first direction where the fuel-air-oil mixture is compressed by the piston assembly within the combustion chamber, and then to move again along the second direction inside the cylinder due to ignition of the compressed fuel-air-oil mixture (Col 1, Lines 11-16 recites the engine operating as a two-cycle engine), wherein the piston assembly (10) comprises: a piston head, a piston body, and a connecting rod (35) having an end connected to the piston head; a cam follower (30) attached to the connecting rod (35) to bear directly on a surface (27) of a single power cam (26), whereby displacement of the piston assembly (10) within the cylinder causes the cam follower (30) to roll onto the surface (27 via ball 28) of the single power cam (26) causing the single power cam (26) to be rotated (parts not numbered shown below in annotated Figure 2 of Franklin).
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Annotated Figure 2 of Franklin
In regards to claim 2:
Franklin teaches the engine mount has an opening for receiving the piston body (Shown above in Annotated Figure 2 of Franklin).
In regards to claim 3:
Franklin teaches the engine comprises a number of the cylinders each having a corresponding piston assembly (pistons 10, 11, 12, and 13) and the single power cam (26) associated with the piston assemblies (pistons 10-13), a pump chamber and a combustion chamber being defined by each piston assembly (pistons 10-13) within each cylinder (Each cylinder and piston is shown in Figure 2 of Franklin).
In regards to claim 4:
Franklin teaches the engine includes a fuel control device (Col 2, Lines 87-90 recites a carburetor) for adjusting the amount of fuel and/or air entering the cylinder.
In regards to claim 5:
Franklin teaches the fuel control device comprises at least a carburetor (Col 2, Lines 87-90 recites a carburetor).
In regards to claim 6:
Franklin teaches the engine includes a common crankcase (160) for the cylinder.
In regards to claim 7:
Franklin teaches the engine includes a fuel control device and wherein the fuel control device is arranged in the common crankcase (20).
In regards to claim 8:
Franklin teaches the cylinder (14) further includes at least one intake port (17) for the intake of the fuel-air-oil mixture into the pump chamber of the cylinder (14), at least one transfer port (17) for the flow of the fuel-air-oil mixture from the pump chamber into the combustion chamber of the cylinder (14), and at least one exhaust port for the exhaust of combustion gases from the combustion chamber (Shown below in annotated Figure 2 of Franklin).
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Annotated Figure 2 of Franklin showing the exhaust port
In regards to claim 9:
Franklin teaches the exhaust port is arranged to open before the transfer port opens and to close after the transfer port closes, wherein Figure 2 of Franklin shows the placement of the exhaust port being higher than the transfer port for each respective piston and cylinder such that as the piston moves towards bottom dead center, the exhaust port will open first then the transfer port, and as the piston moves upwards towards top dead center the transfer port is closed first and then the exhaust port.
In regards to claim 11:
Franklin teaches the cam follower (30) is arranged to act close to a central area of the surface (27) of the single power cam (26).
In regards to claim 12:
Franklin teaches the engine includes a roller bearing (28) for rotation of the single power cam (26).
In regards to claim 13:
Franklin teaches the connecting rod (35) is provided for connecting the piston body to the cam follower.
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Annotated Figure 2 of Franklin showing longitudinal guides
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Franklin in view of Hilgert et al (US 10,443,491 hereinafter “Hilgert”).
In regards to claim 10:
Franklin does not teach the cam follower is provided with at least one channel for the passage of lubricant.
Hilgert teaches a channel (92) for lubricant in a cam follower (26).
It would have been obvious to one of ordinary skill in the art at the time of filing of the application for the cam follower of Franklin to have a channel as taught by Hilgert in order to provide lubricant to the cam follower (Col 4, Line 60 – Col 5, Line 24).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Franklin in view of Hoopes 4,474,147.
In regards to claim 14:
Franklin does not teach at least one longitudinal guide provided for guiding the piston body of the piston assembly as the piston body is moved within the engine mount.
Hoopes teaches a longitudinal guide (26).
It would have been obvious to one of ordinary skill in the art at the time of filing of the application to have the engine mount of Franklin to have a longitudinal guide as taught by Hoopes in order to scrape carbon off of the piston (Abstract of Hoopes).
Allowable Subject Matter
Claim 15 is 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 prior art does not teach a number of the longitudinal guides are provided for guiding the piston body of the piston assembly as the piston body is moved within the engine mount, at least one of the longitudinal guides located in an outermost part of the engine mount being larger than the other longitudinal guides as recited in dependent claim 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES JAY KIM whose telephone number is (571)270-7610. The examiner can normally be reached M-F 9-5 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, Logan Kraft can be reached at (571) 270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J KIM/Examiner, Art Unit 3747 /HUNG Q NGUYEN/Primary Examiner, Art Unit 3747
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