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 § 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.
Claim(s) 1-2, 10-11, and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Dawood (EP 2472079 A1) in view of Svensson (US 2014/0158071).
Regarding claims 1, 10, and 17, Al-Dawood discloses a fuel reforming system for a vehicle on which a reciprocating engine is mounted (Abstract and Fig. 1), wherein in the reciprocating engine, a combustion chamber where combustion occurs is partitioned in a cylinder in which a piston reciprocates (Abstract, an ICE has a combustion chamber and piston),
the fuel reforming system (Fig. 1, shown) comprising:
a decomposer 7 configured to communicate with the combustion chamber via an openable/closable third port (Fig. 1, valve 25 leading into a port for the engine 13) decompose hydrocarbon fuel into carbon and hydrogen gas, and store the carbon (¶ [0021] to [0023], the decomposer 7 splits the hydrocarbon into hydrogen and carbon); and
a hydrocarbon fuel supply 1 to supply the hydrocarbon fuel to the decomposer (Fig. 1, shown), wherein
the decomposer is configured to decompose the hydrocarbon fuel into the carbon and the hydrogen gas using heat and a pressure of the combustion gas produced in the combustion chamber (¶ [0021], exhaust gases are used to produce heat to the system which increases its pressure and causes the reaction), and separate the hydrogen gas by causing the hydrogen gas to permeate a hydrogen permeable membrane (Fig. 1, gas separator 9 including a membrane as per ¶ [0049], Pg. 7, lns. 5-6),
the decomposer is in fluid communication with the intake port via the hydrogen permeable membrane (Fig. 1 and ¶ [0024], hydrogen is separated in the separator and sent to the intake),
the decomposer is disposed adjacent to and in fluid communication with the intake port (Fig. 1, shown decomposer within the engine system and adjacent it), and
the fuel reforming system is configured to supply the separated hydrogen gas as fuel to the combustion chamber through the intake port (¶[0024], hydrogen gas is let into the intake manifold for combustion).
Al-Dawood fails to disclose the reciprocating engine being configured to perform a six-stroke cycle including: an intake stroke in which at least intake air is introduced into the combustion chamber through an intake port by lowering the piston; a compression stroke in which air-fuel mixture containing fuel supplied to the combustion chamber is compressed by raising the piston; an expansion stroke in which the piston is lowered by combustion of the air-fuel mixture; a recompression stroke in which combustion gas is compressed by raising the piston; a re-expansion stroke in which the piston is lowered; and an exhaust stroke in which exhaust gas is discharged through an exhaust port by raising the piston. Al-Dawood
Svensson discloses a six-stroke engine (Abstract and Fig. 1) which makes use of various fuel types including gaseous or liquid (¶ [0015]), wherein the six-stroke cycle includes a two additional strokes (¶ [0006]), wherein this allows for more complete combustion of fuel and soot for improved efficiency and reduced emissions (¶ [0003]).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the engine of Al-Dawood with the six-stroke combustion engine designs of Svensson in order to allow the engine of Al-Dawood to have higher efficiency and reduced emissions.
Regarding claims 2 and 11, the modified Al-Dawood discloses the fuel reforming system according to claim 1, further comprising: a first injector to inject the hydrocarbon fuel inside of the third port is attached to the third port, wherein the fuel reforming system is configured to, in a latter half of the recompression stroke, inject the hydrocarbon fuel from the first injector in an open state of the third port (Figs. 4-10 of Svensson discloses a second injection 414 in the second compression cycle towards its latter half).
Regarding claim 14, the modified Al-Dawood discloses the method according to claim 10, further comprising controlling, using control circuitry, the fuel reforming system according to a six-stroke cycle, including selective opening and closing of a third port (¶ [0006] of Svensson discloses using a controller to operate its six-stroke engine).
Regarding claim 15, the modified Al-Dawood discloses the method according to claim 10, further comprising: a third port, wherein the decomposer is fluidly between the third port and the intake port (Fig. 1 and 2 of Al-Dawood shown).
Regarding claim 16, the modified Al-Dawood discloses the method according to claim 10, wherein the decomposer includes a catalyst to decompose the hydrocarbon fuel into the carbon gas and the hydrogen gas based on the heat and the pressure of the combustion gas produced in the combustion chamber (¶ [0025]).
Regarding claim 18, the modified Al-Dawood discloses the fuel system according to claim 17, further comprising a hydrocarbon fuel supply to supply the hydrocarbon fuel to the decomposer via the third port (Fig. 1 and 2, shown fuel supply 1).
Regarding claim 19, the modified Al-Dawood discloses the fuel system according to claim 17, wherein the reciprocating engine is configured to perform a six-stroke cycle including: an intake stroke in which at least intake air is introduced into the combustion chamber through the intake port by lowering the piston; a compression stroke in which air-fuel mixture containing fuel supplied to the combustion chamber is compressed by raising the piston; an expansion stroke in which the piston is lowered by combustion of the air-fuel mixture; a recompression stroke in which combustion gas is compressed by raising the piston; a re-expansion stroke in which the piston is lowered; and an exhaust stroke in which exhaust gas is discharged through an exhaust port by raising the piston (¶ [0046] to [0047], the system including a six stroke engine which has a second combustion and expansion stroke wherein fuel is added later in the compression stroke).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/050,167.
Regarding claims 1-19, the claims are fully disclosed by claims 1-20 of the copending application, wherein a “third port” of the copending application is considered to be the “third port” of the present application.
However, regarding claims 1, 10, 14, and 17, the copending application claims fail to disclose that its hydrogen after separation enters the combustion chamber through the intake port and that the system includes a controller having control circuitry to implement the six-stroke and reformer control system.
However, it is sufficiently old and well-known in the art to both have intake port gaseous fuel and engine control units comprising control circuitry for examiner to take official notice that it would have been obvious to one of ordinary skill in the art to modify the copending application with an engine control unit for the purposes of efficiently controlling the six-stroke engine and an intake port gaseous fuel injection point for the purposes of allowing for proper fuel mixing and intake into the engine.
This is a provisional nonstatutory double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN A LATHERS whose telephone number is (571)272-1050. The examiner can normally be reached M-F 10a-6p.
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/KEVIN A LATHERS/Primary Examiner, Art Unit 3747