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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 6, 7, and 9-11 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Bennett et al. (PG Pub 2013/0298871).
Regarding claim 1, Bennett teaches an electronic fuel injection throttle body (figures 3-5; abstract, paragraphs 9 and 34), comprising:
a throttle body having an upper end generally defining an inlet and lower end generally defining an outlet (figure 4, element 100, top is inlet and bottom is outlet, arrows show air flow direction; paragraph 23), said throttle body configure to mount to an internal combustion engine (paragraph 13);
a first bore of a first size extending between the inlet and the outlet (figures 3-6; element 112; paragraph 35; see annotated figure 5 below);
a second bore of a second size extending between said inlet and said outlet (figures 3-6; element 112; paragraph 35; see annotated figure 5 below);
a first fuel component cover disposed adjacent to said first bore (figure 4, cover housing element 130; paragraph 35);
a first fuel injector disposed in a port of said first bore of said throttle body (figure 4, element 104; paragraphs 35 and 36; see annotated figure 5 below) and covered by said first fuel component cover (figure 4, the cover housing element 130 also covers 104);
a second fuel component cover disposed adjacent to said second bore (figure 4, cover housing element 130; paragraph 35), on a side of said throttle body opposite said first fuel component cover (paragraph 35 states that element 130 has a left and a right element on opposite sides both of which have covers);
a second fuel injector disposed in a second port of said second bore of said throttle body (figure 4, element 104; paragraphs 35 and 36; see annotated figure 5 below) and covered by said second fuel component cover (figure 4, the cover housing element 130 also covers 104);
a throttle valve disposed within each bore (figure 3, element 118; paragraph 35), said throttle valve rotatable by a throttle lever assembly (figure 3, element 134; paragraph 35);
an electronic control unit disposed on a side of said throttle body between said first fuel component cover and said second fuel component cover (figure 3, element 132; paragraph 35);
a fuel crossover tube captured between said first and second fuel component covers (figure 3, element 136; paragraph 35), said throttle lever assembly disposed adjacent to said fuel crossover tube (figure 3, element 134 is adjacent to element 136);
a plurality of apertures disposed above said throttle valve within each said first bore and said second bore (paragraphs 36 and 37; figure 4, elements 140, 141, 142, 143, 144, 145, and 146), said plurality of apertures in fluid communication with respective of said first fuel injector and said second fuel injector (paragraphs 36 and 37; figure 4, elements 140, 141, 142, 143, 144, 145, and 146).
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Regarding claim 2, Bennett teaches the electronic fuel injection throttle body of claim 1, said first and second fuel injectors extending in a direction that is perpendicular to a throttle lever (figures 3-6; elements 104 are perpendicular to the axis of 118 that connects to 134).
Regarding claim 6, Bennett teaches the electronic fuel injection throttle body of claim 1, wherein said first bore comprises two bores and said second bore comprises two bores (figure 5, there are two first bores 118 and two second bores 118).
Regarding claim 7, Bennett teaches the electronic fuel injection throttle body of claim 6, said first fuel component cover housing two fuel injectors and said second fuel component cover housing two fuel injectors (figure 5, there are two fuel injectors 104 under each cover of element 130).
Regarding claim 9, Bennett teaches the electronic fuel injection throttle body of claim 1, wherein each of said fuel injectors directs fuel into a respective channel of one of said bores (paragraphs 35 and 36; figure 4, element 104 directs fuel into element 142 for each bore 112), each of said plurality of fuel apertures directing fuel into each of said bores of said throttle body (figure 4, elements 142, 146, and 144 are repeated for each bore; paragraphs 36 and 37).
Regarding claim 10, Bennett teaches the electronic fuel injection throttle body of claim 9, further comprising a sleeve within each of said bores (figure 4, element 141; paragraph 37).
Regarding claim 11, Bennett teaches the electronic fuel injection throttle body of claim 10, each said sleeve disposed above said throttle valve (paragraph 35 and 37; figure 4, element 141 is above element 118).
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.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett et al. (PG Pub 2013/0298871) in view of Humber (USPN 2,989,044).
Regarding claim 3, Bennett teaches the electronic fuel injection throttle body of claim 1.
Bennett is silent as to wherein one of said bores is smaller than the other of said bores.
Humber teaches a fuel injection throttle body wherein one of said bores is smaller than the other of said bores (figure 5, element 11 is smaller than element 12; column 1, lines 60-62).
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to combine the electronic throttle body of Bennett with the bore sizes of Humber since doing so would be an example of applying a known technique to a known device ready for improvement to yield predictable results. In this case, Humber states in lines 60-62 of column 1 that the relative sizes of the first and second bores can be varied if desired without significantly changing the operation of the device. Additionally, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 4, the modified device of Bennett teaches the electronic fuel injection throttle body of claim 3.
Bennett is silent as to said smaller bore is a primary bore.
Humber teaches a fuel injection throttle body wherein said smaller bore is a primary bore (column 2, lines 4-10; figure 2, elements 11 and 17; column 2, lines 30-42).
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to combine the electronic throttle body of Bennett with the smaller primary bore of Humber since doing so would be an example of applying a known technique to a known device ready for improvement to yield predictable results. In this case, Humber only injects fuel into the smaller bore and only opens the throttle valve in smaller bore first before the larger throttle valve is opened, making the smaller bore the primary bore. Additionally, Humber opens the smaller throttle valve before opening the larger throttle valves and states “blades 15 would only be used for high-speed operation and acceleration”.
Regarding claim 5, the modified device of Bennett teaches the electronic fuel injection throttle body of claim 3.
Bennett is silent as to wherein said throttle lever assembly rotates said throttle valves of said small bore and said large bore at differing rates.
Humber teaches wherein said throttle lever assembly rotates said throttle valves of said small bore and said large bore at differing rates (column 2, lines 30-42).
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to combine the electronic throttle body of Bennett with the operation of Humber since doing so would be an example of applying a known technique to a known device ready for improvement to yield predictable results. In this case, Humber states that the throttle linkage allows the smaller valve to be opened a certain amount before the larger valve is opened since this allows the larger valve to be used only for high-speed operation and acceleration. Therefore, it would be obvious to one of ordinary skill in the art to use the operation of Humber and how to design a throttle system that allows for valves to open at different rates.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bennett et al. (PG Pub 2013/0298871) in view of Farrell et al. (PG Pub 2017/0198672).
Regarding claim 8, Bennett teaches the electronic fuel injection throttle body of claim 1.
Bennett is silent as to the electronic fuel injection throttle body further comprising a throttle position sensor positioned on a side opposite from said throttle lever assembly.
Farrell teaches an electronic fuel injection throttle body further comprising a throttle position sensor positioned on a side opposite from said throttle lever assembly (paragraphs 21 and 22; figures 6 and 7 are shown on opposite sides of the throttle body; figure 6 shows the sensor element 140; paragraph 47; figure 7 shows the throttle linkages parts 134, 136, 142, and 146; paragraphs 46 and 48).
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to combine the electronic throttle body of Bennett with the throttle position sensor of Farrell since doing so would be an example of applying a known technique to a known device ready for improvement to yield predictable results. In this case, Farrell teaches that the sensor sends signals to the electronic control unit which would be useful for controlling the electronic throttle body of Bennett.
Conclusion
The prior art made of record on PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUSAN E SCHARPF whose telephone number is (571)270-5304. The examiner can normally be reached Monday - Friday 7:30am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pat Wongwian can be reached at 571-270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Susan E Scharpf/Examiner, Art Unit 3747
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747
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