DETAILED ACTION
Claim(s) 1-20 are pending for consideration following applicant’s amendment filed 2/20/2026.
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 § 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) 1-4, 6-14, and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Villepoix et al. (US Patent 5,655,752).
Regarding Claim 1, De Villepoix discloses a valve capable of handling fuel (it is noted that the term “fuel nozzle valve” is a name given to the claimed device in the preamble of the claim and therefore this limitation is not accorded patentable weight) comprising: a fuel nozzle valve liner 1 (the body 1 is at least capable of handling fuel as described above and is capable of being connected to a fuel nozzle; it is noted that the claim is not seen to positively recite a fuel nozzle, only a valve capable of use with a fuel nozzle; alternatively, in the event that the claim is seen to require a nozzle structure, the valve itself creates a nozzle effect due to the throttled opening that is achievable between the valve head and the seat when the valve is placed in a slightly opened position) having a channel (channel extending through 10 and 11) with an opening (opening at the end of 10) for allowing fuel to flow therethrough (capable of allowing fuel to flow therethrough as described above), and a seat 27 (e.g. Figure 7); a plunger (including rod 4 and valve head 6) having a stud 4 and a base 6 substantially perpendicular to the stud (as shown in Figure 1, portion 6 extends radially outward substantially perpendicular to the axially extending portion 4), the plunger being configured to move relative to the fuel nozzle valve liner 1 (via flywheel 5) to seal or to open the opening of the fuel nozzle valve (sealing or opening communication between 10 and 11); and a metal resilient member 31 (the outer casing 31 is metallic as described in col. 1, lines 52-60) configured to contact the base 6 of the plunger (at surface 28 as shown in Figure 7) and the seat 27 of the fuel nozzle valve liner 1 (as shown in Figure 7) to seal the opening of the fuel nozzle valve when the plunger is moved to seal the fuel nozzle valve (as shown in Figure 7), wherein the metal resilient member 31 is attached to a wall of the fuel nozzle valve liner (attached at portion 32 via fixed flange 35 as shown in Figure 7) and the metal resilient member 31 remains attached to the wall of the fuel nozzle valve liner when the plunger is moved to open or to close the fuel nozzle valve (this is achieved via the fixing of portion 32 via flange 35), and wherein the metal resilient member 31 is configured to be compressed between the base 6 of the plunger and an edge of the seat of the fuel nozzle valve liner (compressed between 6 and the edge of 27 which may include the edge defining the groove 33), and a contact surface of the metal resilient member (i.e. the surface of 31 contacting 28) with the base of the plunger is located between an inner edge of the metal resilient member and an outer edge of the metal resilient member (as shown in the annotated Figure 7 below, the contact surface of 31 is between inner and outer edges of 31 when viewed along the length of 31).
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Regarding Claim 2, De Villepoix further discloses the base 6 of the plunger is configured to abut and to push the metal resilient member 31 against the seat 27 of the fuel nozzle valve liner 1 (as shown in Figure 7; the resilient member 31 is compressed as described in col. 1, lines 60-63).
Regarding Claim 3, De Villepoix further discloses the plunger has a T-shape (the plunger extends substantially vertically along the rod 4 and substantially horizontally along the lower end 6 to form a T-shape).
Regarding Claim 4, De Villepoix further discloses the metal resilient member 31 is configured to be compressed between the base 6 of the plunger and the seat 27 of the fuel nozzle valve liner (as described above; col. 1, lines 60-63).
Regarding Claim 6, De Villepoix is seen as further disclosing the metal resilient member comprises a metal that can withstand heat at temperatures between 800°F and 1500°F without losing resilience or elasticity (De Villepoix discloses the resilient member 31 is formed from stainless steel as described in col. 3, lines 30-33 and therefore is seen to withstand heat at temperatures between 800°F and 1500°F without losing resilience or elasticity in the same manner as achieved by applicant’s metal member which is also formed of stainless steel).
Regarding Claim 7, De Villepoix further discloses the contact surface is configured to form a crisp contact line with the base 6 of the plunger (as shown in Figure 7, the contact surface of 31 forms a crisp contact line with surface 28 of base 6).
Regarding Claim 8, De Villepoix further discloses the metal resilient member 31 is curved (as shown in Figure 7) so as to provide a spring characteristic to the metal resilient member (i.e. the member 31 is elastically deformable) to enable the metal resilient member to deform under an applied force and to return to or towards an initial conformation when the applied force is ceased (member 31 necessarily has some elasticity as claimed).
Regarding Claim 9, De Villepoix further discloses the metal resilient member 31 is configured to bend until the metal resilient member comes in contact with and abuts against the seat 27 of the fuel nozzle valve liner (the shape of the resilient member 31 includes a portion that bends – around core 30 – until it comes in contact with and abuts the seat 27 as shown in Figure 7).
Regarding Claim 10, De Villepoix further discloses the metal resilient member 31 is clamped or compressed to the wall of the fuel nozzle valve liner 1 (clamped via flange 35 as shown in Figure 7).
Regarding Claim 11, De Villepoix is seen as disclosing a turbine engine (the limitation of a “turbine engine” is merely a name given to the claimed device in the preamble of the claim and therefore is not accorded patentable weight; the bod of the claim does not define any structure of the turbine engine beyond the valve) comprising: a fuel nozzle valve (the valve of De Villepoix at least capable of handling fuel and delivering it to a nozzle) comprising: (a) a fuel nozzle valve liner 1 (the body 1 is at least capable of handling fuel as described above and is capable of being connected to a fuel nozzle; it is noted that the claim is not seen to positively recite a fuel nozzle, only a valve capable of use with a fuel nozzle; alternatively, in the event that the claim is seen to require a nozzle structure, the valve itself creates a nozzle effect due to the throttled opening that is achievable between the valve head and the seat when the valve is placed in a slightly opened position) having a channel (channel extending through 10 and 11) with an opening (opening at the end of 10) for allowing fuel to flow therethrough (capable of allowing fuel to flow therethrough as described above), and a seat 27 (e.g. Figure 7); (b) a plunger (including rod 4 and valve head 6) having a stud 4 and a base 6 substantially perpendicular to the stud (as shown in Figure 1, portion 6 extends radially outward substantially perpendicular to the axially extending portion 4), the plunger being configured to move relative to the fuel nozzle valve liner 1 (via flywheel 5) to seal or to open the opening of the fuel nozzle valve (sealing or opening communication between 10 and 11); and (c) a metal resilient member 31 (the outer casing 31 is metallic as described in col. 1, lines 52-60) configured to contact the base 6 of the plunger (at surface 28 as shown in Figure 7) and the seat 27 of the fuel nozzle valve liner 1 (as shown in Figure 7) to seal the opening of the fuel nozzle valve when the plunger is moved to seal the fuel nozzle valve (as shown in Figure 7), wherein the metal resilient member 31 is attached to a wall of the fuel nozzle valve liner (attached at portion 32 via fixed flange 35 as shown in Figure 7) and the metal resilient member 31 remains attached to the wall of the fuel nozzle valve liner when the plunger is moved to open the fuel nozzle valve (this is achieved via the fixing of portion 32 via flange 35), and wherein the metal resilient member 31 is configured to be compressed between the base 6 of the plunger and an edge of the seat of the fuel nozzle valve liner (compressed between 6 and the edge of 27 which may include the edge defining the groove 33), and a contact surface of the metal resilient member (i.e. the surface of 31 contacting 28) with the base of the plunger is located between an inner edge of the metal resilient member and an outer edge of the metal resilient member (as shown in the annotated Figure 7 above, the contact surface of 31 is between inner and outer edges of 31 when viewed along the length of 31).
Regarding Claim 12, De Villepoix further discloses the base 6 of the plunger is configured to abut and to push the metal resilient member 31 against the seat 27 of the fuel nozzle valve liner 1 (as shown in Figure 7; the resilient member 31 is compressed as described in col. 1, lines 60-63).
Regarding Claim 13, De Villepoix further discloses the plunger has a T-shape (the plunger extends substantially vertically along the rod 4 and substantially horizontally along the lower end 6 to form a T-shape).
Regarding Claim 14, De Villepoix further discloses the metal resilient member 31 is configured to be compressed between the base 6 of the plunger and the seat 27 of the fuel nozzle valve liner (as described above; col. 1, lines 60-63).
Regarding Claim 16, De Villepoix is seen as further disclosing the metal resilient member comprises a metal that can withstand heat at temperatures between 800°F and 1500°F without losing resilience or elasticity (De Villepoix discloses the resilient member 31 is formed from stainless steel as described in col. 3, lines 30-33 and therefore is seen to withstand heat at temperatures between 800°F and 1500°F without losing resilience or elasticity in the same manner as achieved by applicant’s metal member which is also formed of stainless steel).
Regarding Claim 17, De Villepoix further discloses the contact surface is configured to form a crisp contact line with the base 6 of the plunger (as shown in Figure 7, the contact surface of 31 forms a crisp contact line with surface 28 of base 6).
Regarding Claim 18, De Villepoix further discloses the metal resilient member 31 is curved (as shown in Figure 7) so as to provide a spring characteristic to the metal resilient member (i.e. the member 31 is elastically deformable) to enable the metal resilient member to deform under an applied force and to return to or towards an initial conformation when the applied force is ceased (member 31 necessarily has some elasticity as claimed).
Regarding Claim 19, De Villepoix further discloses the metal resilient member 31 is configured to bend until the metal resilient member comes in contact with and abuts against the seat 27 of the fuel nozzle valve liner (the shape of the resilient member 31 includes a portion that bends – around core 30 – until it comes in contact with and abuts the seat 27 as shown in Figure 7).
Regarding Claim 20, De Villepoix further discloses the metal resilient member 31 is clamped or compressed to the wall of the fuel nozzle valve liner 1 (clamped via flange 35 as shown in Figure 7).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Villepoix et al. (US Patent 5,655,752) view of Yamasaki et al. (US Patent 4,282,643).
Regarding Claims 5 and 15, De Villepoix does not disclose the metal resilient member is coated with a coating material to provide additional hardness and/or resistance to particles in the fuel.
Yamasaki teaches a metal gasket (abstract) includes a coating material to improve sealing (col. 1, lines 38-39; col. 3, lines 19-21).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of De Villepoix such that the metal resilient member is coated with a coating material as taught by Yamasaki for the purpose of providing improved sealing (as taught by Yamasaki). It is noted that the coating as taught by Yamasaki will provide at least some resistance to particles in fuel, at least because the coating acts as an additional layer and prevents any particles from contacting and damaging the layer beneath the coating.
Claims 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Villepoix et al. (US Patent 5,655,752).
Regarding Claims 6 and 16, De Villepoix is seen as disclosing all of the elements of these claims as described above.
Alternatively, in the event that De Villepoix is not seen as necessarily disclosing the metal resilient member comprises a metal that can withstand heat at temperatures between 800°F and 1500°F without losing resilience or elasticity, it has been generally held that the selection of a known material based on its suitability for its intended use is within the level of ordinary skill in the art (MPEP 2144.07). Therefore, it would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of De Villepoix such that the metal resilient member is formed of any desired material, including a metal that can withstand relatively heat at temperatures between 800°F and 1500°F without losing resilience or elasticity, for the purpose of utilizing a material suitable for a particular environment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, applicant argues that Ehmig fails to teach the new limitations of claims 1 and 11 requiring the contact surface of the sealing member with the base of the plunger to be located between an inner edge of the metal resilient member and an outer edge of the metal resilient member. However, newly applied De Villepoix teaches these new limitations (as shown in the annotated Figure 7 above, the contact surface of 31 is between inner and outer edges of 31 when viewed along the length of 31).
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 KEVIN MURPHY whose telephone number is (571)270-5243. The examiner can normally be reached Monday - Friday 8am-4pm.
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/KEVIN F MURPHY/Primary Examiner, Art Unit 3753