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Decision Information

Decision Content

   COMMISSIONER'S DECISION

Obviousness: Ignition Plug Channel in Rotary Engine

 

Placement of the ignition means only in a channel known in the art to be

located in a combustion zone was found to be obvious. As no claim was

supportable by the principal disclosure, the supplementary disclosure was

not allowable. Rejection affirmed.

 

    *********

 

This decision deals with Applicant's request for review by the

Commissioner of the Final Action on application 218,308 (class

171-87), entitled Rotary Engine. The inventor is Siak-Hoo Ong. The

Examiner in charge issued a Final Action on March 7, 1980 refusing

to allow the application to proceed to patent.

 

The application relates to a rotary piston internal combustion

engine having: a chamber with a trochoidal inner surface and an

eccentrically mounted, triangular in cross-section, rotor with its

apex edges in sliding contact with the chamber; a plug channel

opening 12 in the chamber surface and having a cross-sectional

configuration which is narrower in the direction of rotation of the

rotor than in the direction of the axis of rotation of the rotor.

Figures 9, 11, 12A and 12B show the arrangement.

 

    <IMG>

 

In the Final Action the Examiner refused the application on the

ground of obviousness in view of the following United States

patents:

 

3,698,364     Oct. 17, 1972    Jones

3,246,636     Apr. 19, 1966    Bentele

 

The Jones patent discloses a fuel combustion system for a rotary

piston engine having a chamber with a plug channel opening in its

surface which extends in the direction of rotation in the form of a

narrow, shallow groove 62 which is longer and narrower in the

direction of rotation than in the direction of the axis of

rotation. Figure 4 of this patent illustrates the opening used in

the structure.

 

                           (See formula 1)

 

The Bentele patent discloses a fuel combustion system for a rotary

piston engine having a chamber with a plug channel opening which has

a cross-sectional configuration which is narrower in the direction

of the axis of rotation of the rotor than in the direction of

rotation of the rotor. Figure 13 depicts the opening of this

patent.

 

                       <IMG>

 

In the Final Action the Examiner stated, in part:

 

The Jones patent discloses a rotary engine having a

spark plug channel which has a cross-sectional

configuration narrower in the direction of rotation

than in the direction of the axes of rotation. The

Bentele patent shows a spark plug channel which varies

in shape from the normal shape.

 

The primary purpose of the distorted spark plug

opening with the included fuel injector, in the cited

patents, is to promote better combustion; this in

essence is applicant's reason for providing the

various shapes of spark plug openings described and

claimed in the application.

 

The fact that applicant has not included the fuel

injector in the same opening as that provided for the

spark plug does not alter the reason for the variation

in shape of the said opening. The variation in shape

is intended to provide for improved combustion just as

the use of non standard openings is indicated to

provide for improved combustion in the teaching of the

cited patents.

 

Furthermore, since the cited patents teach spark plug

channels which vary in shape from a normally round

shape, any further variation in shape of such openings

is considered to be well within the scope of expected

skill for one in the art, and therefore not of

patentable significance.

 

Applicant's argument that the patent to Jones does not

relate to a rotary engine having a spark plug channel

which is narrower in the direction of rotation then in

the direction of the axis of rotation is not correct.

Figures 3 and 4 of the Jones patent show a combined

spark and fuel injection channel elongated in the

direction of rotation. The fact that the fuel

injector is included in the said channel does not

alter the fact that the spark plug is encompassed

within this channel.

 

Also the said channel in the Jones patent is located

at the trailing pressure turning point similarly to

that in applicant's device as disclosed in this

application.

 

The Applicant did not agree with the Examiner, and in the response

to the Final Action, he argued, in part:

 

. . .

 

   In the present invention, we are concerned with a

spark lug arrangement alone, without dealing with any

fuel infecting nozzle, between the electrode of such

an ignition plug and the internal face of the casing

being provided a plug channel. Therefore, from the

outset, it is clear that the fuel injecting nozzle and

ignition plug arrangement of the applied patent is

directed to a different combination of elements and

structure than the ignition plug of the present

application. As above-mentioned, on one hand, the

present application does not show a fuel injection

nozzle and plug arrangement and, on the other hand,

the applied patent does not show, in case of having

such fuel injection nozzle and ignition plug

arrangement located side by side, a plug channel as in

the present application.

 

. . .

 

      It is therefore clear that the applied patent and

the present application do not have the same object.

Combination of the oval, lozenge or rectangular

opening as taught in the present application with the

location thereof at the trailing of the pressure

turning point gives a better ignition result, while

the combination of the enlarged opening and location

of this opening in the applied patent gives a better

injection of fuel. Therefore, the opening of BENTELE

is related to a better injection and the opening of

the present application is related to a better

ignition.

 

   In fact, when one compares the sizes of the two

openings, the purposes of the openings, the locations

of the openings and the elements in these openings, it

is clear that the opening of BENTELE is an injection

opening while the opening of the present application

is a plug opening.

 

   In order to reject this application, it is rather

Figure 13 on which the Examiner has based himself.

This Figure is described in column 7, lines 52 to 72.

However, in the paragraph describing this Figure

first, there is always the reference of a plug 44",

and nozzle 46", and the recess 54" (this should be

64" ) into which the plug and nozzle project extend

across the greater portion of the width of the

peripheral roll. However, such an opening concerns

only the spray nozzle as is evident from column 7,

line 62 which says "a wide angle spray from the nozzle

is provided for, such that fuel is sprayed substan-

tially across the entire width of the combination

chamber whereby substantially all the air moved by the

rotor past the plug and nozzles passes directly

through the region of the fuel spray and efficient

combustion results". The object of such recess is not

the same as the object of the channel opening of the

present invention.

 

. . .

 

    The U.S. Patent No. 3,246,636 to BENTELE discloses

that an oval channel is located at the pressure

turning point. This is clear from claim 6 and claim

7 combined and is shown in figures 5 and 6.

 

. . .

 

   The present invention relates to an oval channel

which has a position located at the trailing of the

pressure turning point. The pressure turning point is

shown by position 3a of figure 25 of the present

application or position B of figure 6 of BENTELE'S

invention. Claim 1 of the present invention defines

an oval-shaped opening at the trailing of the pressure

turning point. It is because there exists a pressure

difference at a position other than the pressure

turning point to create leakage of gas, that the

present invention has such a configuration of oval

plug channel at the trailing of pressure turning

point.

 

   Therefore, it is clear that BENTELE has an oval

channel at the pressure turning point for the purpose

of wide injection of fuel and the present invention

has an oval channel at the trailing of the pressure

turning point for improved ignition by the spark plug.

 

. . .          

 

The issue before the Board is whether or not the application is

directed to a patentable advance in the art. Claim 1 reads:

 

1. A rotary piston internal combustion engine

comprising a peripheral wall having a trochoidal inner

surface, a rotor eccentrically mounted on a rotatable

shaft to perform a planetary motion within the chamber

defined by the inner surface of the peripheral wall,

the rotor being substantially triangular in cross-

section having its apex edges in sliding contact with

the inner trochoidal inner surface of the peripheral

wall, characterized in that said combustion engine has

an ignition system comprising a first plug channel

terminating in an opening in said trochoidal inner

surface, said opening being at the trailing of the

pressure turning point, and accommodating an electrode

of a ignition plug, the opening of said plug channel

having a cross-sectional configuration which is

narrower in the direction of rotation of the rotor

than in the direction of the axis of rotation of said

rotor.

 

We observe in the patents applied against the application, that

channels or openings for use with ignition means as well as with

injection means have been provided in the inner surface of a

combustion chamber in a combustion environment. The Jones patent

provides a channel which extends generally in the direction of

rotation, whereas the Bentele patent uses a channel which

extends in the direction of the axis vœ rotation. Each of these

openings are provided for ignition purposes as well as for injection

purposes. The Bentele channel has a cross-sectional configuration

which is narrower in the direction of the rotation of the rotor than

in the direction of the axis of rotation of the rotor, which

corresponds to the cross-section and the disposition of the channel

that Applicant has described and claimed.

 

Applicant has argued that his channel is related to a better

ignition result while that of Bentele is related to a better

injection result.

 

The environment in which Applicant's channel functions is in a

combustion system, just as is the environment for the channels of

the cited art, and in particular that of Bentele.

 

Thus, channels or openings of the configuration presented by

Applicant in his principal disclosure have been employed in

combustion systems, particularly that of Bentele. We are of the

opinion that to delete one of the combustion components which has

previously been used with such an opening in a combustion

environment, and to use only the other of the previously used

combustion components in such a known kind of opening, would not be

outside the stride of what may be expected by a person skilled in

the art. We believe that Applicant's shape of the opening provides

the same kind of function as does the shape in the Bentele patent,

and that it would continue to provide for improved characteristics

in a combustion environment for purposes of, ignition, injection, or

both ignition and injection together.

 

Also, we note that the Bentele patent discusses that the placement

of his channel may be at the zero pressure differential location, or

downstream, or upstream, of that location. Further we note that the

Bentele patent envisages that the plug and nozzle need not be in a

common channel. From the disclosure of Bentele which envisages

various dispositions of the channel, and the disposition of plug and

nozzle in separate, but close relationship, so that they are not in

a common channel, we are of the view that Applicant's placement of

his ignition means, only, in a channel known in the art would be

obvious to a person skilled in the art.

 

In summary, after reviewing the application and considering the

arguments developed, we are satisfied that the application has not

described nor illustrated any matter therein that may be considered

as more than a slight variation of known techniques. We are of the

opinion that Applicant has presented matter that should be

considered as falling into the category of that which is obvious to

a person skilled in the art, and should not be considered as

indicative of invention. We note that a supplementary disclosure

was filed which describes certain specific configurations of the

opening. However, because we are of the view that the principal

disclosure and its only claim fail to present a patentable advance

in the art, the supplementary disclosure is not allowable in view of

the requirement in Rule 57 that for a supplementary disclosure to be

allowable there shall be a claim allowable in the principal

disclosure.

 

We refer to the statements in Niagara Wire Weaving v. Johnston Wire

Works Ltd. (1939) Ex.C.R., by Mr. Justice Maclean, which we hold are

indicative of the kind of variation that Applicant has presented:

 

at page 273;

 

Small variations from, or slight modifications of, the

current standards of construction, in an old art,

rarely are indicative of invention: they are usually

obvious improvements resulting from experience and the

changing requirements of users.

 

and further at page 276;

 

No step is disclosed there which would be described as

invention. There is not, in my opinion, that

distinction between what was known before, and that

disclosed... that called for that degree of ingenuity

requisite to support a patent. If those patents could

be supported it would seriously impede all

improvements in the practical application of common

knowledge.

 

We are satisfied that no invention has been described and claimed in

the principal disclosure of the application.

 

We recommend that the rejection of the application be affirmed.

 

G.A. Asher

Chairman, Patent Appeal Board, Canada

 

I concur with the reasoning and findings of the Board. Accordingly,

I refuse to grant a patent on this application. The Applicant has

six months within which to appeal my decision under the provision of

Section 44 of the Patent Act.

 

J.H.A. Gari‚py

Commissioner of Patents

 

Dated at Hull, Quebec

this l6th.day of December, 1981

 

Agent for Applicant

 

Robic, Robic & Associates

1515 Docteur Penfield

Montreal , Quebec

H3G 1X5

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