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 .
Drawings
The drawings are objected to because: reference character (58) is directed to two separate components in Figure 3.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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)(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.
Claim(s) 11, 14, and 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Kiesel, DE 102022004245 B3.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding Claim 11
Kiesel discloses a burner (10) for an exhaust gas system of an internal combustion engine (Kiesel, [0006], Figure 1), comprising:
a combustion chamber (12) formed by a chamber element (14), wherein in the combustion chamber (12) a mixture which comprises air as a first fluid and a fuel as a second fluid is ignitable and combustible (Kiesel, Abstract, [0011], Figure 1), whereby a component of the exhaust gas system and/or exhaust gas of the internal combustion engine that is flowable through the exhaust gas system is heatable (Kiesel, Abstract, Figure 1);
a channel (at (20)) through which at least one of the first fluid and the second fluid is flowable, wherein the channel (at (20)) opens into the combustion chamber (12) and wherein via the channel (at (20)) the at least one of the first fluid and the second fluid is introducible into the combustion chamber (12) (Kiesel, [0012], Figure 1); and
a closure element (24) which is moveable relative to the chamber element (14) between a closed position fluidically separating the channel (at (20)) from the combustion chamber (12) and a release position fluidically connecting the channel (at (20)) to the combustion chamber (12) (Kiesel, Abstract, [0013], Figure 1);
wherein the chamber element (14) has a recess (34) in which the closure element (24) is at least partially received in the release position (Kiesel, [0040], Figure 1).
Regarding Claim 14
Kiesel discloses the burner (10) according to claim 11. Kiesel further discloses that the closure element (24) is disposed at least predominantly or completely in the recess (34) in the release position (Kiesel, [0040], Figure 1).
Regarding Claim 18
Kiesel discloses the burner (10) according to claim 11. Kiesel further discloses an inner contour of the recess (34) facing toward the closure element (24) in the release position is adjusted to an outer contour of the closure element (24) facing toward the inner contour in the release position (Kiesel, Figure 1).
Regarding Claim 19
Kiesel discloses the burner (10) according to claim 11. Kiesel further discloses at least one wall region (A, annotated Figure 1 of Kiesel below) of the chamber element (14) adjoining the recess (34) is flush with the closure element (24) in the release position (Kiesel, annotated Figure 1 below).
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Figure 1: Annotated Figure 1 of Kiesel
Regarding Claim 20
Kiesel discloses an internal combustion engine, comprising: the burner according to claim 11 (Kiesel, Abstract, [0001], Figure 1).
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 15-17 is/are rejected under 35 U.S.C. 103 as being obvious over Kiesel, DE 102022004245 B3, in view of Paulov, US 2019/0170060.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding Claim 15
Kiesel discloses the burner (10) according to claim 11. Kiesel further discloses that the closure element (24) has a lever which is pivotable around a pivot axis relative to the chamber element (14) between the release position (Kiesel, [0017], Figure 1) and the closed position, wherein the lever covers and thus fluidically blocks an outlet opening (22) of the channel (at (20)) which opens into the combustion chamber (12) and, in the release position, releases the outlet opening (22) (Kiesel, Figure 1).
However, Kiesel does not explicitly disclose that the closure element has a closure part that is formed separately from the lever and is held on the lever, wherein the closure part, in the closed position, fluidically blocks an outlet opening of the channel which opens into the combustion chamber and, in the release position, releases the outlet opening.
Paulov teaches a closure element (pivoting flap valve) (Paulov, [0038], Figure 3) that comprises a lever (60) that is pivotable around a pivot axis (62), and a closure part (55, valve flap) (Paulov, [0038], Figure 3). Paulov further teaches that the closure part (55) is formed separately from the lever (60) and is held on the lever (60), wherein the closure part (55) in a closed position, fluidly blocks a channel (50, bypass duct), and in the release position, releases the channel (50) (Paulov, Figures 3-5).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the closure element of Kiesel such that the closure element comprises a closure part formed separately from the lever and is held on the lever so as to be pivotable with the lever as is taught by Paulov as well known in the art since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding Claim 16
Kiesel and Paulov teach the burner according to claim 15. Kiesel further discloses that the pivot axis runs through the recess (34) (Kiesel, [0017], Figure 1).
Regarding Claim 17
Kiesel and Paulov teach the burner according to claim 15. Paulov further teaches that the closure part (55) is held on the lever (60) with play and is thus limitedly moveable relative to the lever (60) [it is inherent to one of ordinary skill in the art that the closure part (55) is held on the lever (60) with some level of play as they are separate components] (Paulov, Figures 3-5).
Allowable Subject Matter
Claims 12-13 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:
In the burner of claim 12, the inclusion of:
“wherein, in the release position, at least one first partial region of an outer peripheral lateral surface of the closure element facing toward the combustion chamber in the release position and at least one second partial region of an inner peripheral surface of the chamber element opposite the first partial region in the release position and facing toward the combustion chamber and the first partial region in the release position form a rotationally symmetrical region of the combustion chamber” was not found.
Kiesel, DE 102022004245 B3, discloses a burner closest to the burner that is claimed. However, Kiesel does not disclose wherein, in the release position, at least one first partial region of an outer peripheral lateral surface of the closure element facing toward the combustion chamber in the release position and at least one second partial region of an inner peripheral surface of the chamber element opposite the first partial region in the release position and facing toward the combustion chamber and the first partial region in the release position form a rotationally symmetrical region of the combustion chamber.
In the burner of claim 13, the inclusion of:
“wherein, in the release position, at least one first partial region of an outer peripheral lateral surface of the closure element facing toward the combustion chamber in the release position and at least one second partial region of an inner peripheral lateral surface of the chamber element opposite the first partial region in the release position and facing toward the combustion chamber and the first partial region in the release position form a region of the combustion chamber which is mirror-symmetrical with respect to a plane of symmetry, wherein a straight line runs in the plane of symmetry, and wherein the straight line runs through a center of an outlet opening of the channel which opens into the combustion chamber” was not found.
Kiesel, DE 102022004245 B3, discloses a burner closest to the burner that is claimed. However, Kiesel does not disclose wherein, in the release position, at least one first partial region of an outer peripheral lateral surface of the closure element facing toward the combustion chamber in the release position and at least one second partial region of an inner peripheral lateral surface of the chamber element opposite the first partial region in the release position and facing toward the combustion chamber and the first partial region in the release position form a region of the combustion chamber which is mirror-symmetrical with respect to a plane of symmetry, wherein a straight line runs in the plane of symmetry, and wherein the straight line runs through a center of an outlet opening of the channel which opens into the combustion chamber
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY L STANEK whose telephone number is (571)272-3565. The examiner can normally be reached Mon - Fri 8:30am-3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DEVON KRAMER can be reached at (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.L.S/Examiner, Art Unit 3741 /DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741
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