Ex Parte Harcombe

Patent Trial and Appeal Board

Jun 20, 2018

13392155 (P.T.A.B. Jun. 20, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
13/392, 155 03/14/2012 Anthony Thomas Harcombe
152048 7590 06/22/2018
Delphi Technologies IP Limited
5825 Innovation Drive
Delphi Technologies Legal Staff - MIC 480-415-154
Troy, MI 48098
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
DP-318880 9279
EXAMINER
GREENLUND, JOSEPH A
ART UNIT PAPER NUMBER
3752
NOTIFICATION DATE DELIVERY MODE
06/22/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
j oshua. m.haines@delphi.com
us.patent@delphi.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte ANTHONY THOMAS HARCOMBE 1
Appeal2017-004390
Application 13/392, 155
Technology Center 3700
Before: KEVIN F. TURNER, JAMES P. CALVE, and LEE L. STEPINA,
Administrative Patent Judges.
STEPINA, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134 from a rejection of claims 1,
2, and 4--19. 2 We have jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.
1 Appellant's Appeal Brief indicates that Delphi International Operations
Luxembourg S.A.R.L. is the real party in interest. Br. 3.
2 Claim 3 has been cancelled. Br. 3.
Appeal2017-004390
Application 13/392, 155
CLAIMED SUBJECT MATTER
The claims are directed to a fuel injector suitable for delivering small
quantities of fuel across a wide range of fuel pressures. Spec. ,r 1. Claim 1,
reproduced below with emphases added, is illustrative of the claimed subject
matter:
1. A fuel injector for use in delivering fuel to an internal
combustion engine, the fuel injector comprising:
a nozzle having a valve needle which is moveable with
respect to a valve needle seating through a range of movement
between a fully-closed position and a fully-open position to
control fuel delivery through at least one nozzle outlet, whereby
movement of the valve needle is controlled by fuel pressure
within a control chamber; and
a nozzle control valve for controlling fuel flow into and
out of the control chamber to pressurise and depressurise the
control chamber, respectively,
the fuel injector further comprising a variable flow
passage arrangement in communication with the control chamber
for varying the rate of flow of fuel out of the control chamber
throughout the range of movement of the valve needle such that
movement of the valve needle is damped to a greater extent as it
approaches the fully-open position compared to initial movement
away from the fully-closed position, wherein the injector further
comprises an additional flow passage in communication with the
control chamber through which fuel flows out of the control
chamber;
whereby fuel flows into the control chamber through at
least one of the variable flow passage arrangement and the
additional flow passage in order to move the valve needle to the
fully-closed position.
Br. 20-21 (Claims App.).
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Appeal2017-004390
Application 13/392, 155
REFERENCES
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Boecking '680
Boecking '463
US 6,988,680 Bl Jan. 24, 2006
US 2005/0194463 Al Sept. 8, 2005
REJECTIONS
(I) Claims 1, 2, 4, 5, and 12-19 are rejected under 35 U.S.C.
§ I02(b) as anticipated by Boecking '680.
(II) Claims 1 and 5-11 are rejected under 35 U.S.C. § 102(b) as
anticipated by Boecking '463.
OPINION
Rejection (I), Boecking '680
The Examiner finds that Boecking '680 discloses all the elements
required by claim 1, including an arrangement in which fuel flows into a
control chamber through at least one of a variable flow passage arrangement
and an additional flow passage in order to move a valve needle to a fully-
closed position. Final Act. 2-3. The Examiner finds that first bore 35 and
throttle bore 36 of Boecking '680 correspond to the recited variable flow
passage and additional flow passage, respectively, and control chamber 11
corresponds to the recited control chamber. Id. The Examiner also finds
that throttle 9 of Boecking '680 provides fuel that flows into both first bore
35 and throttle bore 36 to close nozzle needle 21. Id. at 3.
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Appeal2017-004390
Application 13/392, 155
Appellant contends that throttle 9 of Boecking '680 provides all the
fuel that causes needle 21 to move and that this fuel does not flow into
control chamber 11 through either of bores 35 and 36. See Br. 9--12. In
other words, Appellant asserts that the only fuel entering control chamber 11
enters via throttle 9. In support of this argument, Appellant provides an
annotated copy of Figure 2 (Appellant's "Exhibit IA") of Boecking '680,
which we reproduce below.
fXtM!f!/\ J5 i,,; asserted
to be Appdlam' s
variabk How passage
;i:rrangemNll
ecmtrol. chamht\f J_ [
is defined hyend
face 3 3 of nozz. le
neN!le 2 l and ---=::::s--
extends to portion
43 which n)nrnins
strnke stop 37
---- fael exiting control. drnmber 11 mllst
lkm; iJu'Ough <1utflow throttle 13
l'ud ente.rs control d1arnber 11
only !:hroug:11 i11le1 throttle 9
passage 36 i, asserted to be Appellant'"
additionR{ flovv· par,sage
foel cioes not flmv ElltO control
chamber ] l through either of
passage~ 35 or 36 of do~ing
piston 34
From Boecking
Figure 2 of Boecking '680 is a cross-section of a portion of an injector valve
including control chamber 11, inlet 9, closing piston 34 (including first bore
35 and throttle bore 36), and needle 21, and the annotations added by
Appellant summarize Appellant's arguments for the patentability of claim 1.
Boecking '680, 2:50-3:15; see also Br. 9-12.
In response, the Examiner reiterates that fuel flows into first bore 35
and throttle bore 3 6 during closing of needle 21, and the Examiner provides
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Appeal2017-004390
Application 13/392, 155
a pair of annotated figures, based on Figure 2 of Boecking '680, depicting
this action. Ans. 4--7.
Appellant's argument is persuasive. Although we agree with the
Examiner that fuel flows into first bore 35 and throttle bore 36 (see
Boecking '680, 3:21-27, 4:18-22), this flow occurs within control chamber
11, not into it as required by claim 1. Control chamber 11 in Boecking '680
includes (i) the portion 43 above piston 34 and (ii) the portion below piston
34. See Boecking '680, 4:5-9, 28-33. Boecking '680 states, "A closing
piston 34 is located in the valve control chamber 11 and has a first, larger
bore 35 and a second smaller throttle bore 36." Id. at 3:12-14. Thus, flow
from one side of piston 34 (through first bore 35 and throttle bore 36) to the
other side of piston 34 is within control chamber 11 instead of into chamber
11 as required by claim 1. Accordingly, we do not sustain the rejection of
claim 1 and claims 2, 4, 5, 12-14, and 17 depending therefrom as anticipated
by Boecking '680. Independent claims 15 and 16 recite the same limitation
discussed above regarding claim 1. See Br. 21, 24--25 (Claims App.).
Accordingly, for the same reasons, we do not sustain the rejection of claims
15 and 16 and associated dependent claims 18 and 19 as anticipated by
Boecking '680.
Rejection (II), Boecking '463
The Examiner finds Boecking '463 discloses all the elements required
by claim 1, and, specifically, conduit 25 corresponds to the recited variable
flow passage, and control chamber 5 corresponds to the recited control
chamber. Final Act. 6. In this regard, the Examiner states, "paragraph 7 [ of
Boecking '463] indicates that pressure in the control chamber can be rapidly
relieved or slowly relieved, by slowly relieving pressure in the control
chamber as a needle valve goes up the dampening effect would increase as
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Appeal2017-004390
Application 13/392, 155
the volume became less but the pressure itself was slowly decreasing." Id. at
6-7.
Appellant asserts that, in contrast to the requirements of claim 1, the
flow out of control chamber 5 of Boecking '463 is not varied throughout the
range of movement of needle 8, and needle 8 does not experience greater
damping as it approaches the fully open position than it experiences during
initial opening. Br. 14--15.
In reply, the Examiner again refers to paragraph 7 of Boecking '463
and reiterates the finding that needle 8 is damped to a greater extent as it
nears the fully open position. See Ans. 8-10. The Examiner states, "if the
pressure is decreasing from the control chamber more slowly as the valve
body moves up, that means the valve is moving up slower and slower, which
correlates then that the forces acting against the top of the needle (the
dampening) is becoming greater and greater." Id. at 9.
Appellant has the better position on this issue. Paragraph 1 of
Boecking '463 teaches that the use of a high-pressure accumulator ( common
rail) assists in reducing pressure pulsations in fuel delivery. This paragraph
also teaches that a control chamber operates to control the movement of a
nozzle needle. Id. However, the reduction in pressure pulsations in the fuel
( damping) is not disclosed in paragraph 1 of Boecking '463 as related to the
position of needle 8, much less as increasing as needle 8 travels from a
closed position to an open position. Id.
Paragraph 7 also fails to disclose the recited relationship between the
damping force and the position of needle 8. Specifically, paragraph 7 of
Boecking '463 describes three states of a 3/3-way valve (multi-way valve
13). These three states are discussed in detail in paragraph 21 of Boecking
'463.
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Application 13/392, 155
In a first state, the ball-shaped valve body 14 is in the top position,
seated against seat 15. Id. ,r 21. This seals off outlet 23, and, therefore, no
flow may exit multi-way valve 13. Id.
In a second state, the ball-shaped valve body 14 is in the middle
position, not seated against any seat. Id. This allows both of conduits 25
and 28 to be used to drain fluid from control chamber 5 to outlet 23. Id.
This results in rapid opening of needle 8.
In the third state, the ball-shaped valve body 14 is in the bottom
position, seated against seat 17. This seals conduit 28, but leaves open
conduit 25. Id. Boecking '463 states that, during this state, "the pressure in
the control chamber 5 decreases more slowly as compared with a pressure
decrease ... when the valve body 14 of the multi-way valve 13 has been
moved into the middle position 19." Id. In other words, when the ball-
shaped valve body 14 is in the middle position, more conduits are available
for draining control chamber 5 than when ball-shaped valve body 14 is in the
bottom position. See id. ,r,r 21-22. These three different states of operation
allow for shaping of the discharge rate of the nozzle of the fuel injector. Id.
Although we agree with the Examiner that the three different states of
multi-way valve 13 taught by Boecking '463 amount to a change in the
amount of dampening of needle 8, the Examiner does not explain
sufficiently how the "the forces acting against the top of the needle (the
dampening) [become] greater and greater" in relation to the position of
needle 8. The Examiner does not direct our attention to any evidence that
the above-noted different states of multi-way valve 13 occur at any
particular time during movement of needle 8 from a fully closed position to
a fully open position. In other words, the Examiner has not shown by a
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Application 13/392, 155
preponderance of the evidence that Boecking '463 discloses "the valve
needle is damped to a greater extent as it approaches the fully-open position
compared to initial movement away from the fully-closed position" as recited
in claim 1 (emphasis added). Thus, we do not sustain the Examiner's
rejection of claim 1 and claims 5-11 depending therefrom as anticipated by
Boecking '463.
DECISION
The Examiner's decision to reject claims 1, 2, and 4--19 is reversed.
REVERSED
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