DETAILED ACTION
This Non-Final Office action is in response to the claims filed on 10/31/2024.
Claims 22-31 and 33-42 are currently pending.
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 38 objected to because of the following informalities: in line 2 the word “wherein” is repeated. Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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) 22-27, 33, 34 and 36-38 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Gutscher et al. (US 2014/0034015).
As to claim 22 Gutscher discloses a fuel system (figure 2), comprising:
an intake port (9);
a first runner (11) in fluid communication with the intake port (10);
a second runner (21) in fluid communication with the intake port (20);
a cylinder (2) defining a combustion chamber (2), the first runner (11) allowing the combustion chamber (2) to be placed in fluid communication with the intake port (9), the second runner (21) allowing the combustion chamber (2) to be placed in fluid communication with the intake port (9), the first runner (11) positioned downstream from the intake port (9) and upstream from the combustion cylinder (2), the second runner (21) positioned downstream from the intake port (9) and upstream from the combustion cylinder (2), whereby fluid (4) in the intake port (9) must choose one of the first and the second runner (11 and 21) to travel from the intake port (9) to the combustion chamber (2); and
a high flow fuel injector (3) in fluid communication with the intake port (9) upstream of the first runner (11) and upstream of the second runner (21), whereby a high flow of fuel from the high flow fuel injector (3) can reach the combustion chamber (2) through one of: the first runner (11) alone, the second runner (21) alone, and a combination of the first runner and the second runner (11 and 21).
As to claim 23 Gutscher discloses the fuel system (figure 2) of claim 22, further comprising:
a first low flow fuel injector (5) in selective fluid communication with the combustion chamber (2).
As to claim 24 Gutscher discloses the fuel system (figure 2) of claim 23, wherein the first low flow fuel injector (5) is in fluid communication with the first runner (11) downstream of the intake port (9) and upstream of the combustion chamber (2).
As to claim 25 Gutscher discloses the fuel system (figure 2) of claim 23, further comprising:
a second low flow fuel injector (5’) in selective fluid communication with the combustion chamber (2).
As to claim 26 Gutscher discloses the fuel system (figure 2) of claim 25, wherein the first low flow fuel injector (5) is in fluid communication with the first runner (11) downstream of the intake port (11) and upstream of the combustion chamber (2), and the second low flow fuel injector (5’) is in fluid communication with the second runner (21) downstream of the intake port (9) and upstream of the combustion chamber (2).
As to claim 27 Gutscher discloses the fuel system (figure 2) of claim 25 and further comprising:
a single controller (paragraph 0029) configured to respond to a fuel demand by activating the high flow fuel injector (3), the first low flow fuel injector (5) and the second low flow fuel injector (5’), each for a substantially equal period of time. (Paragraph 0029 and shown in figure 2).
As to claim 33 Gutscher discloses a fuel system (figure 1), comprising:
a cylinder defining a combustion chamber (2);
an intake port (9) upstream of the combustion chamber (2), the intake port selectively supplying air to the combustion chamber;
a first runner (11) extending downstream from the intake port (9) to the combustion chamber (2) and
a first intake valve (10’) that controls fluid communication of the intake port (9) to the combustion chamber through the first runner (11);
a second runner (21) extending downstream from the intake port (9) to the combustion chamber (2) and a second intake valve (20’) that controls fluid communication of the intake port to the combustion chamber through the second runner (21); and
a high flow fuel injector (3) in fluid communication with the intake port (9) upstream of a fork (shown in figure 2) defined by the first runner (11) and the second runner (21), whereby a high flow of fuel from the high flow fuel injector (3) reaches the combustion chamber (2) through the first runner alone while the first intake valve (10’) is open and the second intake valve is closed (20’), the second runner alone (21) when the second intake valve (20’) is open and the first intake valve (10’) is closed, and a combination of the first runner (11) and the second runner (21) when both the first intake valve (10’) and the second intake valve (20’) are open.
As to claim 34 Gutscher discloses the fuel system of claim 33, further comprising:
a low flow fuel injector (5) in fluid communication with the intake port (9) upstream of the fork defined by the first runner (11) and the second runner (21), wherein a low flow of fuel from the low flow fuel injector reaches the combustion chamber through the first runner (shown in figure 2) alone while the first intake valve is open and the second intake valve is closed,
the second runner (21) alone when the second intake valve is open and the first intake valve is closed, and a combination of the first runner (11) and the second runner (21) when both the first intake valve and the second intake valve are open.
As to claim 36 Gutscher discloses the fuel system of claim 34, wherein:
wherein the high flow of fuel from the high flow fuel injector and the low flow of fuel from the low flow fuel injector are controlled to selectively supply the high flow of fuel and the low flow of fuel to the combustion chamber based on an on-time fuel command (paragraph 0029).
As to claim 37 Gutscher discloses the fuel system of claim 33, further comprising:
a first low flow fuel injector (5) and a second low flow fuel injector (5), each of the first low flow fuel injector and the second low flow fuel injector in fluid communication with the intake port upstream of the fork (shown in figure 1) defined by the first runner (11) and the second runner (21), wherein a low flow of fuel from the first and second low flow fuel injectors (2) reaches the combustion chamber (2) through the first runner (11) alone while the first intake valve (10) is open and the second intake valve (20) is closed, the second runner alone (21) when the second intake valve (20) is open and the first intake valve (10) is closed, and a combination of the first runner (11) and the second runner (21) when both the first intake valve (10) and the second intake valve (20) are open
As to claim 38 Gutscher discloses the fuel system of claim 37, wherein:
wherein the high flow of fuel from the high flow fuel injector (3) and the low flow of fuel from the first and second low flow fuel injectors (5) are controlled to selectively supply the high flow of fuel and the low flow of fuel to the combustion chamber based on an on-time fuel command (paragraph 0029).
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 (i.e., changing from AIA to pre-AIA ) 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.
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(s) 28 is rejected under 35 U.S.C. 103 as being unpatentable over Gutscher et al. (US 2014/0034015) in further view of Nishimura (US 2014/0069389).
As to claim 28 Gutscher discloses the fuel system (figure 2) of claim 27, with a single controller (not shown see paragraph 0029) that selectively controls the fuel injectors. But is silent to the voltage.
Nishimura discloses that it would be obvious to one of ordinary skill in the art at the time the application was effectively filed to use a single controller figure 5) to selectively provides a first voltage to the high flow fuel injector and the single controller selectively provides a second voltage to the first low flow fuel injector and to the second low flow fuel injector, the first voltage higher than the second voltage. As Nishimura discloses in (paragraph 0020) that each injector is capable of using both a high and low voltage depending on the needed injector speed. So the controller of Gutscher would have the option of selectable voltage to each injector based on the needed injector speed as this combination would destroy neither invention and enhance the operation of Gutscher.
Claim(s) 29-31, 35, 39 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Gutscher et al. (US 2014/0034015) in further view of Kern (US 2016/0265449).
As to claim 29 and 39 Gutscher discloses the fuel system of claim 25, further comprising:
a single controller configured to respond to a fuel demand (paragraph 0029). But is silent to how the controls execute the injection instructions
Kern discloses (paragraph 0015 and figure 4) a single controller configured to respond to a fuel demand exceeding a threshold value by activating the high flow fuel injector, the first low flow fuel injector and the second low flow fuel injector, each for a substantially equal period of time, the single controller further configured to respond to a fuel demand being less than the threshold by activating the first low flow fuel injector and the second low flow fuel injector without activating the high flow fuel injector. It would be obvious to one of ordinary skill in the art at the time the application was effectively filed to use the programing of Kern with the apparatus of Gutscher as it Kerns program is intended to be used with a dual port fuel injection system such as Gutscher.
As to claims 30 and 40 Gutscher discloses the fuel system (figure 2) of claim 29, wherein the single controller comprises an engine control unit. (the controller controls the fuel injectors which controls the engine, Paragraph 0029)
As to claim 31 Gutscher discloses the fuel system (figure 2) of claim 25, however is silent to the system having a fuel rail arranged to supply fuel to all of the high flow fuel injectors, the first low flow fuel injector, and the second low flow fuel injector.
Kern discloses that it is known to have a single fuel rail (150) arranged to supply fuel to all of the high flow fuel injector (148B), the first low flow fuel injector (148A), and the second low flow fuel injector (148B).
It would be obvious to one of ordinary skill in the art at the time the application was effectively filed to use the fuel rail taught by Kern with the apparatus of Gutscher as it Kerns fuel rail is intended to be used with a dual port fuel injection system such as Gutscher.
As to claim 35 Kerns discloses the fuel system of claim 34, wherein:
the high flow fuel injector supplies a higher flow rate: and the low flow fuel injector supplies the lower flow of fuel (paragraph 0014).
It would be obvious to one of ordinary skill in the art at the time the application was effectively filed to provide the high flow fuel injector supplies the high flow of fuel at a rate of 20 kilograms per hour or more: and the low flow fuel injector supplies the low flow of fuel at a rate of 19 kilograms per hour or less.
, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. In this case the high flow is for condition above idle requiring a higher flow and the low flow was designed to make the engine idle at low loads (see paragraph h0014)
Claim(s) 41 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Gutscher et al. (US 2014/0034015) in further view of Guglielmo et al. (US 6,371,092).
As to claim 41 Gutscher discloses the fuel system of claim 33, further comprising:
a source of fuel, but is silent to the fuel delivery apparatus; and a fuel rail in fluid communication with the source of fuel, the fuel rail storing a quantity of fuel at a fuel rail pressure.
Guglielmo discloses a source of fuel (figure 1 #14), and a fuel rail (24) in fluid communication with the source of fuel, the fuel rail storing a quantity of fuel at a fuel rail pressure. It would be obvious to one of ordinary skill in the art at the time the application was effectively filed to use the fuel rail taught by Guglielmo with the apparatus of Gutscher as the fuel system of Guglielmo is intended to be used with a dual port fuel injection system such as Gutscher.
As to claim 42 Guglielmo also discloses the fuel system of claim 41, further comprising:
a pressure regulator (figure 1 #18) in fluid communication with the source (14) of the fuel and the fuel rail (24),
the source of the fuel maintaining a fuel source pressure greater than the fuel rail pressure (the cylinder is designed to be a compressed gas cylinder, column 4 lines 20-35).
Conclusion
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SHERMAN D. MANLEY
Examiner
Art Unit 3747
/SHERMAN D MANLEY/Examiner, Art Unit 3747
/LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747