Prosecution Insights
Last updated: April 19, 2026
Application No. 18/975,458

Electronic Metering Rod Actuator for Carburetor

Non-Final OA §103
Filed
Dec 10, 2024
Examiner
LAGUARDA, GONZALO
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Kimberlyte Holdings LLC
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
80%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
503 granted / 694 resolved
+2.5% vs TC avg
Moderate +7% lift
Without
With
+7.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
61 currently pending
Career history
755
Total Applications
across all art units

Statute-Specific Performance

§101
4.9%
-35.1% vs TC avg
§103
36.0%
-4.0% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
25.3%
-14.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 694 resolved cases

Office Action

§103
DETAILED ACTION 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. Claim(s) 1-3, 5-10, 12, 16-19, 21-26, 28, 32-35, 37-42, 44, 48, 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dyess (U.S. Pat. No. 8,931,458) in view of Fischer (U.S. Pub. No. 2009/0211555). Regarding claim 1, Dyess discloses a carburetor for an internal combustion engine (abstract), the carburetor comprising: a body having an air inlet opening portion (12), an air outlet opening portion (opposite 14), and a throat portion (12) extending therebetween; a fuel reservoir (claim 1) in fluid communication with the throat portion; a slide assembly (16, shown in fig. 4) movably disposed in the body for movement across the throat portion, the slide assembly comprising a metering rod (10) extending across the throat portion and into the fuel reservoir; and an operable actuator that, when operated, adjusts an axial position of the metering rod relative to the fuel reservoir based on at least one selected from the group consisting of (i) a target power output of the internal combustion engine, (ii) a target efficiency of the internal combustion engine, and (iii) a target emissions level of the internal combustion engine (col. 6, lines 53-59 discusses how altering the axial position of the rod will change the fuel provided which is construed as the efficiency of the engine). Dyess does not disclose that the actuator is electronic. Fischer, which deals in carburetors, teaches that the actuator is electronic (32). It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Dyess with the electronic actuator of Fischer because this type of actuator is easy to control (¶13). Regarding claim 2 which depends from claim 1, Dyess discloses wherein, as airflow moves from the air inlet opening portion to the air outlet opening portion through the throat portion, adjustment of the axial position of the metering rod adjusts an amount of fuel introduced to the airflow within the throat portion from the fuel reservoir (that is the function of the rod). Regarding claim 3, 19 and 35 which depends from claim 2, 18 and 34 respectively, Fischer discloses wherein the electrically operable actuator adjusts the axial position of the metering rod based on an air-to-fuel ratio (¶5 discloses controlling the rod according the lambda value which is construed as A/F ratio). Regarding claim 5, 21 and 37 which depends from claim 2, 18 and 34 respectively, Fischer discloses wherein the electrically operable actuator adjusts the axial position of the metering rod at least between a cold start position, a baseline position, and a wide-open position, and wherein the amount of fuel introduced to the airflow is greater with the metering rod in the cold start position and the wide-open position than with the metering rod in the baseline position (¶21 discloses how idling there is low fuel, construed as the baseline position ¶22 discloses cold start has enriched conditions similar to acceleration conditions, construed as wide-open). Regarding claim 6, 22 and 38 which depends from claim 5, 21 and 37 respectively, Fischer discloses wherein the electrically operable actuator adjusts the metering rod to the cold start position based on determination that a temperature of the internal combustion engine is below a threshold temperature (¶22 discloses when an engine is cold). Regarding claim 7, 23 and 39 which depends from claim 5, 21 and 37 respectively, Fischer discloses wherein the electrically operable actuator adjusts the metering rod from the cold start position to one of the baseline position and the wide-open position based on determination that a temperature of the internal combustion engine is above a threshold temperature (when no longer considered cold it would no longer be in a cold start). Regarding claim 8, 24 and 40 which depends from claim 5, 21 and 37 respectively, Fischer discloses wherein, with the metering rod in one of the cold start position, the baseline position, and the wide-open position, the electrically operable actuator finely adjusts the axial position of the metering rod (¶10 discloses many adjustments). Regarding claim 9, 25 and 41 which depends from claim 1, 18 and 34 respectively, Dyess discloses wherein the slide assembly further comprises a throttle slide, and wherein the metering rod extends through the throttle slide and is axially movable independent of movement of the throttle slide (col. 4, lines 8-14 discloses the throttle slide). Regarding claim 10, 26 and 42 which depends from claim 1, 18 and 34 respectively, Fischer discloses wherein the electrically operable actuator adjusts the axial position of the metering rod responsive to a signal from an engine control unit of the internal combustion engine (¶7 discloses a control unit). Regarding claim 12, 28 and 44 which depends from claim 1, 18 and 34 respectively, Fischer discloses wherein the electrically operable actuator adjusts the axial position of the metering rod based on an input of at least one selected from the group consisting of (i) an air-to-fuel ratio at an exhaust stream of the internal combustion engine (rotation option addressed), (ii) a rotational speed of a crankshaft of the internal combustion engine (abstract), (iii) a throttle position (rotation option addressed), (iv) a coolant temperature of the internal combustion engine (rotation option addressed), (v) a temperature of air intake of the internal combustion engine (rotation option addressed), (vi) a pressure of air intake of the internal combustion engine (rotation option addressed), and (vii) a knock signal (rotation option addressed). Regarding claim 16, 32 and 48 which depends from claim 1, 18 and 34 respectively, Fischer discloses wherein the electrically operable actuator comprises one selected from the group consisting of (i) a stepper motor, (ii) a voice coil actuator (linear option addressed), and (iii) an encapsulated linear actuator (construed as the solenoid valve of Fischer). Regarding claim 17, 33 and 49 which depends from claim 1, 18 and 34 respectively, Fischer discloses wherein operation of the electrically operable actuator to adjust the axial position of the metering rod relative to the fuel reservoir is controlled according to a closed-loop feedback system (closed loop feedback is based on the speed of the engine to then move the rod). Regarding claim 18, Fischer discloses a computer-implemented method when executed on data processing hardware causes the data processing hardware to perform operations comprising: as airflow moves through a throat portion of a carburetor of an internal combustion engine, operating an electrically operable actuator to adjust an axial position of a metering rod relative to a fuel reservoir of the carburetor, the fuel reservoir in fluid communication with the throat portion, and the metering rod extending across the throat portion and into the fuel reservoir; and wherein adjustment of the axial position of the metering rod adjusts an amount of fuel introduced to the airflow within the throat portion from the fuel reservoir based on at least one selected from the group consisting of (i) a target power output of the internal combustion engine, (ii) a target efficiency of the internal combustion engine, and (iii) a target emissions level of the internal combustion engine (The limitations of this claim have been addressed above in claim 1). Regarding claim 34, Fischer discloses a system, the system comprising: a carburetor for an internal combustion engine, the carburetor comprising: a body having an air inlet opening portion, an air outlet opening portion, and a throat portion extending therebetween; a fuel reservoir in fluid communication with the throat portion; and a slide assembly movably disposed in the body for movement across the throat portion, the slide assembly comprising a metering rod extending across the throat portion and into the fuel reservoir; an electrically operable actuator that, when operated, adjusts an axial position of the metering rod relative to the fuel reservoir; data processing hardware; and memory hardware storing instructions that, when executed on data processing hardware in communication with the memory hardware, cause the data processing hardware to perform operations comprising: as airflow moves from the air inlet opening portion to the air outlet opening portion through the throat portion, operating the electrically operable actuator to adjust the axial position of the metering rod, wherein adjustment of the axial position of the metering rod adjusts an amount of fuel introduced to the airflow within the throat portion from the fuel reservoir based on at least one selected from the group consisting of (i) a target power output of the internal combustion engine, (ii) a target efficiency of the internal combustion engine, and (iii) a target emissions level of the internal combustion engine (The limitations of this claim have been addressed above in claim 1 and 2). Claim(s) 4, 20, 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dyess (U.S. Pat. No. 8,931,458) in view of Fischer (U.S. Pub. No. 2009/0211555) as applied to claims 3, 19, and 35 above, further in view of Gerhold (U.S. Pat. No. 4,364,356). Regarding claim 4, 20, 36 which depends from claim 3, 19, 35 respectively, Dyess does not disclose wherein the air-to-fuel ratio is determined based on sensor data generated by an oxygen sensor sensing an exhaust stream from the internal combustion engine. Gerhold, which deals in carburetors, teaches wherein the air-to-fuel ratio is determined based on sensor data generated by an oxygen sensor sensing an exhaust stream from the internal combustion engine (col. 4, lines 8-29 discloses adjusting the A/F ratio by adjusting the metering rod from an oxygen sensor, 44, in the exhaust passage). It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Dyess with the oxygen sensor for Gerhold because this allows for control of nitrogen oxides (col. 3, lines 15-20). Allowable Subject Matter Claims 13-15, 29-31, 45-47 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: Claims 13,14, 29, 30, 45, 46 require a vibration actuator to forcibly vibrate the metering rod. Claim 15, 31, 47 requires that the metering rod be adjusted in increments of .001 in or less. Where Dyess can adjust the metering rod by a screw and so has infinitely small increments the actuator of Fischer is trying to adjust the metering rod with speed of the engine and so would not be adjusting with a screw. Both are silent as to the actual increment size. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please review when considering a response to this office action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GONZALO LAGUARDA whose telephone number is (571)272-5920. The examiner can normally be reached 8-5 M-Th Alt. F. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. GONZALO LAGUARDA Primary Examiner Art Unit 3747 email: gonzalo.laguarda@uspto.gov /GONZALO LAGUARDA/Primary Examiner, Art Unit 3747
Read full office action

Prosecution Timeline

Dec 10, 2024
Application Filed
Nov 14, 2025
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
80%
With Interview (+7.0%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 694 resolved cases by this examiner. Grant probability derived from career allow rate.

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