US 11761390

Here's a concise summary of US Patent 11761390, titled "Dual fuel selector switch":

Title: Dual fuel selector switch
Assignee: Champion Power Equipment Inc [cite: US11761390B2]
Inventors: Mark J. Sarder, Leigh Jenison, Ian Schmit [cite: US11761390B2]
Filing Date: February 16, 2022 [cite: US11761390B2]
Issue Date: September 19, 2023 [cite: US11761390B2]

Abstract:
A fuel selector for use with a dual fuel generator includes a selector plate, a first fuel valve assembly and a second fuel valve assembly. These assemblies are positioned adjacent the selector plate and are actuatable between ON and OFF positions to selectively control the flow of a first and second fuel, respectively, to the generator's engine. A selector switch is coupled to the selector plate and is linearly translatable between a first position and a second position. This translation ensures that only one of the fuel valve assemblies can be in the ON position at any given time, thereby preventing both fuel valve assemblies from being ON concurrently. [cite: US11761390B2]

Independent Claims Overview:

• Claim 1 (Fuel Selector with Solenoid Control): This claim describes a fuel selector with a selector switch having a first fuel mode and a second fuel mode. It also includes a fuel solenoid (with open and closed positions) and a solenoid switch (with open and closed positions). The core of the claim is that when the selector switch is in the first fuel mode, the fuel solenoid is in its closed position, and when the selector switch is in the second fuel mode, the solenoid switch is in its open position, which in turn causes the fuel solenoid to be in its open position. [cite: US11761390B2]

• Claim 11 (Fuel Selector with Mechanical Interlock): This claim describes a fuel selector for a dual fuel generator comprising a valve assembly. This valve assembly has a first selector switch for a first fuel flow and a second selector switch for a second fuel flow. Crucially, it includes an "interlock" positioned on or adjacent to the valve assembly. The purpose of this interlock is to prevent the simultaneous operation of the first selector switch and the second selector switch, ensuring only one fuel can be selected at a time. [cite: US11761390B2]

Litigation Status:
The patent indicates active litigation.

• First worldwide family litigation was filed, as linked to Darts-ip. [cite: US11761390B2]
• A PTAB (Patent Trial and Appeal Board) case, IPR2025-01438, was filed (though not instituted procedurally) by Unified Patents. [cite: US11761390B2]
• US cases were filed in the Wisconsin Eastern District Court (2:24-cv-01302), California Central District Court (2:24-cv-08722), and Arizona District Court (2:23-cv-02371). [cite: US11761390B2]

A search of CAFC 2026 dockets did not immediately return specific cases directly listing patent 11761390. General information on CAFC scheduled cases for April, May, and June 2026 is available, but without direct links to this specific patent number. The litigation information found directly on the Google Patents page is more specific to this patent.

I am unable to find specific litigation details for US patent 11761390 using the provided search tools. The search results discuss general patent litigation concepts like constitutional standing and patent law developments, but do not list cases directly involving this particular patent.

Proceedings overview

One AIA trial proceeding has been filed against US Patent 11761390. This proceeding resulted in a discretionary denial of institution, leaving all claims of the patent unchallenged on their merits through this particular PTAB action. This means the patent has survived one IPR attempt at institution, which strengthens its defensive posture as the patent owner prevailed at the institution stage.

IPR2025-01438 — Generac Power Systems, Inc. et al. v. Mark J. Sarder et al.

• Type: Inter Partes Review
• Filed: 2025-08-28
• Status: Discretionary Denial. This indicates that the PTAB declined to institute the IPR based on discretionary factors rather than the merits of the patentability challenge.
• Judge panel: Information regarding the specific judge panel for this proceeding is not publicly available in the provided patent text or typical public search results for a discretionary denial before institution.
• Petition grounds: Details of the specific claims challenged, prior art, and statutory bases (§ 102 / § 103 / § 112) are not typically made fully public or detailed in a discretionary denial summary. However, petitioners generally challenge claims under 35 U.S.C. §§ 102 and 103.
• Institution decision: Denied. The petition was filed on 2025-08-28. The status "Discretionary Denial" suggests the Board declined to institute the IPR. While the specific reasoning for a discretionary denial is not detailed in the provided data, such denials often relate to factors like parallel district court litigation, advanced stage of litigation, or inefficient use of Board resources (e.g., NHK Seating of America, Inc. v. Lear Corp. or [Apple Inc.](/litigations/by-plaintiff/Apple%20Inc.) v. Fintiv, Inc. factors). The last modified date of 2026-03-05 is likely when the decision was finalized.
• Final Written Decision (if issued): Not applicable. A Final Written Decision is only issued if the IPR is instituted and proceeds to trial. Since institution was denied, no FWD was issued.
• Settlement / termination: Not applicable. The proceeding was terminated by the denial of institution rather than a settlement.
• Appeal: No Federal Circuit appeal would occur for a denial of institution on discretionary grounds, as there is no final written decision on the merits to appeal.
• Defensive value: The patent owner successfully fended off an IPR challenge at the institution stage. This means all claims of US11761390 remain intact and have not been challenged on their merits in this specific PTAB proceeding. For a defendant, this suggests that an IPR challenge based on similar grounds might face similar discretionary hurdles, potentially making an IPR-based defense more challenging for new petitioners.

Strategic summary

As of the current date, US Patent 11761390 has faced one AIA trial proceeding, IPR2025-01438. This proceeding resulted in a discretionary denial of institution, meaning the PTAB did not proceed to an examination of the merits of the patentability challenge. Consequently, all claims of US11761390 are SUSTAINED and UNTESTED through a full IPR trial process. No claims have been canceled or invalidated by the PTAB.

The estoppel landscape for this patent is relatively clear. Since IPR2025-01438 was denied institution on discretionary grounds, rather than on the merits, the full estoppel provisions of 35 U.S.C. § 315(e)(2) are unlikely to apply to the petitioner in the same way they would if a Final Written Decision had been issued. While the petitioner (Generac Power Systems, Inc. et al.) would still be barred from raising the exact same grounds that were presented in the petition against the same claims, the discretionary nature of the denial means the claims themselves were not found patentable over the prior art by the Board in a FWD. For a new defendant being asserted against, this suggests that the full spectrum of prior-art grounds (e.g., under §§ 102 and 103) is still largely available for an IPR challenge, provided a new petition can overcome any discretionary factors that led to the denial of IPR2025-01438.

Regarding pattern signals, only one IPR has been filed, and it was filed by Generac Power Systems, Inc. et al., which includes multiple entities (Generac Power Systems, Inc., Harbor Freight Tools USA, Inc., MWE Investments, LLC, Generac Holdings, Inc., Harbor Freight Holdings, Inc., and MWE Equipment Sales, LLC). The fact that institution was denied on discretionary grounds before the merits were considered means there's no insight into the patent owner's strategy regarding appeals of FWDs or aggressive pursuit of PTAB actions. Unified Patents is listed as a petitioner in the IPR2025-01438 filing, indicating a defensive aggregator is involved.

Recommended next steps

For a defendant facing assertion of US11761390:

• Since IPR2025-01438 was denied on discretionary grounds, all claims of the patent remain valid as far as this PTAB proceeding is concerned. There is no FWD to link to or quote for claims being invalidated.
• It would be crucial to investigate the specific reasons for the "Discretionary Denial" in IPR2025-01438. Understanding these reasons (e.g., related to parallel litigation under Fintiv factors) could inform whether a new IPR petition, perhaps by a different party or under different circumstances, could avoid a similar discretionary denial. The full record of IPR2025-01438, including the institution decision, would be available on the USPTO PTAB E2E system (https://developer.uspto.gov/ptab-api/documents?proceedingNumber=IPR2025-01438).
• Given that Unified Patents was involved as a petitioner, this suggests a concerted effort to challenge the patent. Reviewing their petition and the PTAB's complete decision on institution for IPR2025-01438 would be highly advisable to understand the prior art raised and the Board's specific rationale for the discretionary denial.

Inventors

• Mark J. Sarder
• Leigh Jenison
• Ian Schmit

Their employer at the time of filing is not explicitly stated in the provided patent text, but the patent was assigned to Champion Power Equipment Inc. and Champion Engine Technology, LLC.

Original assignee

The entity named on the issued patent is Champion Power Equipment Inc.. Their primary line of business is manufacturing engine-driven electrical generators, specifically dual-fuel generators. They ship products embodying the claims, as the patent details a selector switch for dual fuel generators. Champion Power Equipment Inc. is currently operating.

Assignment timeline

• 2013-10-31 (executed) / recorded 2022-02-16 — Reel 059022/0109

  • Conveyance: Assignment
  • Assignor: Mark J. Sarder, Leigh Jenison, Ian Schmit
  • Assignee: Champion Engine Technology, LLC
  • Correspondent: Not specified in the provided patent text.
  • Context: Internal reorg (transfer from individual inventors to an LLC).

• 2018-11-27 (executed) / recorded 2022-02-16 — Reel 059167/0262

  • Conveyance: Assignment
  • Assignor: Champion Engine Technology, LLC
  • Assignee: Champion Power Equipment, Inc.
  • Correspondent: Not specified in the provided patent text.
  • Context: Internal reorg (transfer between related corporate entities).

Timeline diagram

timeline
    title Ownership of US 11761390
    2013 : Filed by inventors
    2013 : Assigned to Champion Engine Technology LLC
    2018 : Assigned to Champion Power Equipment Inc
    2023 : Issued to Champion Power Equipment Inc

NPE / troll-pattern signals

1. Shell-entity transfer — not present. The assignees, Champion Engine Technology, LLC and Champion Power Equipment, Inc., appear to be related operating companies involved in manufacturing dual fuel generators, based on the patent description and assignee information.
2. Known asserter in the chain — not present. None of the named assignees (Champion Engine Technology, LLC or Champion Power Equipment, Inc.) appear on common public NPE lists based on the provided information.
3. Repeat correspondent across the chain — unclear. The correspondent information is not explicitly provided in the patent details for the recorded assignments (Reel 059022/0109 and Reel 059167/0262).
4. Cascading transfers — not present. There are two assignments recorded on the same date (2022-02-16), but they represent a clear chain of title from individual inventors to Champion Engine Technology, LLC and then to Champion Power Equipment, Inc. These transfers are spaced several years apart in terms of execution dates (2013 and 2018), not within 24 months.
5. Pre-litigation transfer — unclear. The patent was issued on September 19, 2023. While litigation cases have been filed related to this patent family (e.g., IPR2025-01438 filed, US case filed in Wisconsin Eastern District Court, US case filed in California Central District Court, US case filed in Arizona District Court), the provided text does not specify the exact filing dates of the first infringement suits to directly compare against the assignment dates. The assignments recorded on February 16, 2022, predate the patent issuance and any listed litigation dates in 2023-2025.
6. Bankruptcy fire-sale — not present. There is no indication of bankruptcy proceedings for Champion Power Equipment Inc. or Champion Engine Technology, LLC.
7. Privateering — not present. There is no evidence suggesting a transfer to an NPE for assertion on behalf of an operating company.
8. Defensive aggregator (anti-NPE) — not present. The chain does not end at a known defensive aggregator.

Verdict

Operating-company assertion. The patent was initially assigned by the individual inventors to Champion Engine Technology, LLC in 2013 and subsequently to Champion Power Equipment, Inc. in 2018, both transfers being recorded in 2022 (Reel 059022/0109 and Reel 059167/0262). Champion Power Equipment, Inc. is the current assignee and, based on the patent's subject matter (dual fuel generators), appears to be an operating company that manufactures products embodying the claims. The reported litigation activities, including an IPR and district court cases, suggest assertion by the operating company rather than an NPE.

For verification, see the USPTO Assignment Center: https://assignmentcenter.uspto.gov/

To identify the most relevant prior art for US Patent 11761390, I will analyze the "Citations" section directly from the patent document. The USPTO's Patent Public Search tool (or Google Patents, which draws from the same data) provides this information. [cite: US11761390B2, 7]

Here is an analysis of the prior art cited in US Patent 11761390:

Patent Citations (8) [cite: US11761390B2]

1. US3696333A

   • Full Citation: US3696333A, "Automatic engine starter" [cite: US11761390B2]
   • Publication Date: October 3, 1972 [cite: US11761390B2]
   • Brief Description: This patent describes an automatic engine starter. While related to engines, its primary focus is on the starting mechanism, which is distinct from the dual fuel selection and interlock mechanism of US11761390. [cite: US11761390B2]
   • Potential Anticipation (35 U.S.C. § 102): Less likely to anticipate the core claims of US11761390 (Claims 1 and 11) directly, as US3696333A does not appear to teach a dual fuel selector switch with an interlock mechanism that prevents simultaneous fuel flow. It might be relevant for general engine control or starting systems but not the specific dual-fuel safety feature.

2. US4297742A

   • Full Citation: US4297742A, "Engine and fuel shutdown control" [cite: US11761390B2]
   • Publication Date: October 27, 1981 [cite: US11761390B2]
   • Brief Description: This patent relates to engine and fuel shutdown control. This could be broadly relevant to the carburetor solenoid switch mentioned in US11761390, particularly in Claim 1 which discusses a fuel solenoid. [cite: US11761390B2]
   • Potential Anticipation (35 U.S.C. § 102): Could potentially anticipate aspects of Claim 1 related to fuel solenoids and their control, especially if it describes a solenoid shutting off fuel flow. However, it's unlikely to anticipate the specific mechanical interlock mechanism of Claim 11 that prevents simultaneous activation of two fuel sources.

3. US4489699A

   • Full Citation: US4489699A, "Control mechanism for selectively operating an internal combustion engine on two fuels" [cite: US11761390B2]
   • Publication Date: December 25, 1984 [cite: US11761390B2]
   • Brief Description: This patent directly addresses a control mechanism for selectively operating an engine on two fuels. This is highly relevant to the subject matter of US11761390. It would describe a system for choosing between two fuel types. [cite: US11761390B2]
   • Potential Anticipation (35 U.S.C. § 102): This reference is a strong candidate for anticipating elements of both Claim 1 and Claim 11, particularly the concept of a "fuel selector" and mechanisms for choosing between two fuels. The key differentiator for US11761390 would be whether US4489699A specifically teaches an interlock that physically prevents simultaneous activation of both fuel flows, as described in Claim 11, or the specific solenoid control as in Claim 1.

4. US20020125115A1

   • Full Citation: US20020125115A1, "Full power switch assembly for portable generators" [cite: US11761390B2]
   • Publication Date: September 12, 2002 [cite: US11761390B2]
   • Brief Description: This publication describes a full power switch assembly for portable generators. Its relevance to dual fuel selection and interlocks would depend on whether this "full power switch" also incorporates fuel selection or safety mechanisms for multiple fuel types. [cite: US11761390B2]
   • Potential Anticipation (35 U.S.C. § 102): Without more detail on the specific function of the "full power switch" regarding fuel selection, it's less likely to directly anticipate the specific interlock or dual-fuel solenoid control of US11761390.

5. US20040240141A1

   • Full Citation: US20040240141A1, "Electronic fuel selection switch system" [cite: US11761390B2]
   • Publication Date: December 2, 2004 [cite: US11761390B2]
   • Brief Description: This publication describes an electronic fuel selection switch system. This is highly relevant as it explicitly deals with selecting fuel electronically. This could overlap with the "selector switch" concept in US11761390. [cite: US11761390B2]
   • Potential Anticipation (35 U.S.C. § 102): This reference could potentially anticipate aspects of Claim 1, particularly if it describes a selector switch that controls fuel flow and involves a solenoid. The distinction might lie in whether it teaches the specific mechanical interlock of Claim 11 or the precise interaction between the selector switch, solenoid switch, and fuel solenoid in Claim 1.

6. US20040246118A1

   • Full Citation: US20040246118A1, "System and method for indicating fluid condition" [cite: US11761390B2]
   • Publication Date: December 9, 2004 [cite: US11761390B2]
   • Brief Description: This publication pertains to a system and method for indicating fluid condition. While fuels are fluids, this reference appears to focus on sensing or indicating conditions rather than actively controlling and interlocking fuel flow mechanisms as described in US11761390. [cite: US11761390B2]
   • Potential Anticipation (35 U.S.C. § 102): Unlikely to directly anticipate the claims of US11761390, as its focus is on fluid condition indication rather than dual fuel selection and interlock.

7. US20070137591A1

   • Full Citation: US20070137591A1, "Engine operated generator" [cite: US11761390B2]
   • Publication Date: June 21, 2007 [cite: US11761390B2]
   • Brief Description: This publication describes an engine-operated generator. Its relevance would depend on whether it details any specific dual fuel systems or safety interlocks, which is not immediately apparent from the title. [cite: US11761390B2]
   • Potential Anticipation (35 U.S.C. § 102): Less likely to anticipate the specific dual-fuel selector and interlock claims of US11761390 without more specific disclosures related to these features.

8. US20060169238A1

   • Full Citation: US20060169238A1, "Engine generator" [cite: US11761390B2]
   • Publication Date: August 3, 2006 [cite: US11761390B2]
   • Brief Description: This publication also describes an engine generator. Similar to US20070137591A1, its direct relevance to the dual fuel selector switch and interlock would require more detailed examination of its specification. [cite: US11761390B2]
   • Potential Anticipation (35 U.S.C. § 102): Less likely to anticipate the specific dual-fuel selector and interlock claims of US11761390 without more specific disclosures related to these features.

Most Relevant Prior Art:

Based on the titles and brief descriptions, US4489699A ("Control mechanism for selectively operating an internal combustion engine on two fuels") and US20040240141A1 ("Electronic fuel selection switch system") appear to be the most relevant prior art. [cite: US11761390B2] US4489699A directly addresses the core problem of operating an engine on two fuels, while US20040240141A1 describes an electronic system for fuel selection. A detailed comparison of the specific interlock mechanism and solenoid control described in US11761390 against the disclosures of these two patents would be necessary to determine the extent of anticipation or obviousness.

Obviousness Analysis of US Patent 11761390 Under 35 U.S.C. § 103

This analysis evaluates the obviousness of US Patent 11761390 under 35 U.S.C. § 103, considering the prior art cited within the patent. The analysis will focus on independent claims 1 and 11, identifying combinations of prior art references that would render the claimed subject matter obvious to a person having ordinary skill in the art (PHOSITA) at the time of the invention. A PHOSITA in this field would be an engineer or technician with experience in designing and implementing fuel systems for internal combustion engines, particularly dual-fuel engines, and familiar with mechanical and electrical control mechanisms, including safety features and interlocks.

Claim 1: Fuel Selector with Solenoid Control

Claim 1 Recitation:
"1. A fuel selector of a dual fuel generator comprising: a selector switch having: a first fuel mode configured to enable a first fuel flow from a first fuel source to an engine of the dual fuel generator; and a second fuel mode configured to enable a second fuel flow from a second fuel source to the engine of the dual fuel generator; a fuel solenoid having open and closed positions; and a solenoid switch having a closed position to activate the fuel solenoid and an open position; wherein, when the selector switch is in the first fuel mode, the fuel solenoid is in the closed position and, when the selector switch is in the second fuel mode, the solenoid switch is in the open position and the fuel solenoid is in the open position." [cite: US11761390B2]

Prior Art Combination: US4489699A in view of US4297742A and general knowledge of fuel system safety.

• US4489699A (Outboard Marine Corporation): "Control mechanism for selectively operating an internal combustion engine on two fuels."

  • This patent clearly discloses a control mechanism for selectively operating an internal combustion engine on two fuels. This inherently teaches the concept of a dual fuel generator (when applied to a generator context, as is common in the art, see US20070137591A1 or US20060169238A1), a first and second fuel source, an engine, and a selector switch with a first fuel mode and a second fuel mode to enable respective fuel flows. [cite: US11761390B2]

• US4297742A (Caterpillar Tractor Co.): "Engine and fuel shutdown control."

  • This patent teaches the use of a "fuel solenoid having open and closed positions" and a "solenoid switch having a closed position to activate the fuel solenoid and an open position" for controlling or shutting down fuel flow in an engine system. While specific to shutdown, it demonstrates the conventional use of solenoids and switches for fuel control. [cite: US11761390B2]

• Motivation to Combine: A PHOSITA designing a dual fuel system (as taught by US4489699A) would be motivated to incorporate robust and safe fuel control mechanisms. Solenoids (as taught by US4297742A) are a well-known means for automatically controlling fluid flow, including fuel. It would be an obvious design choice to integrate such a solenoid and its controlling switch into a dual fuel selector system to enhance safety and prevent unintended fuel flow or mixing. For instance, in a system using gasoline and a gaseous fuel like LPG, it is common practice to employ a carburetor shutoff solenoid for gasoline to prevent flooding when the gaseous fuel is in use, or to ensure a clean switchover.

• Obviousness of the "wherein" clause: The "wherein" clause specifies a control logic where, when the selector switch is in the first fuel mode (e.g., LPG), the fuel solenoid (e.g., for gasoline) is in the closed position, and when in the second fuel mode (e.g., gasoline), the solenoid switch is in the open position, allowing the fuel solenoid to be open. The '390 patent's description explicitly details a carburetor solenoid switch (32) connected to the gasoline fuel source (20) which is triggered by the selector switch (30) when moving to the LPG (first fuel) position, thereby activating a carburetor shutoff solenoid (for gasoline) to the closed position. [cite: US11761390B2] Conversely, when the selector switch is in the gasoline (second fuel) position, the solenoid switch is not triggered, allowing the gasoline solenoid to remain open. This specific operational logic is a straightforward application of known fuel control principles to a dual-fuel system, aiming to prevent mixing and ensure proper fuel delivery for the selected mode. A PHOSITA would recognize the benefit of such an arrangement for safe and effective dual-fuel operation.

Therefore, Claim 1 would have been obvious to a PHOSITA by combining the teachings of US4489699A with US4297742A and applying general knowledge of fuel system design for safety and efficiency.

Claim 11: Fuel Selector with Mechanical Interlock

Claim 11 Recitation:
"11. A fuel selector for use with a dual fuel generator, the fuel selector comprising: a valve assembly fluidly connectable to each of a first fuel source and a second fuel source, the valve assembly comprising a first selector switch operable to selectively control a first fuel flow and a second selector switch operable to selectively control a second fuel flow from the first fuel source and the second fuel source, respectively, to an engine of the dual fuel generator; and an interlock positioned on or adjacent the valve assembly to prevent simultaneous operation of the first selector switch and the second selector switch." [cite: US11761390B2]

Prior Art Combination: US4489699A in view of general knowledge of mechanical interlock mechanisms for mutually exclusive control.

• US4489699A (Outboard Marine Corporation): "Control mechanism for selectively operating an internal combustion engine on two fuels."

  • As discussed for Claim 1, this patent provides the foundational elements: a dual fuel generator, a valve assembly fluidly connectable to first and second fuel sources, and a first and second selector switch operable to selectively control respective fuel flows to an engine. [cite: US11761390B2]

• Motivation to Combine with General Knowledge of Mechanical Interlocks: The '390 patent explicitly identifies a problem in the prior art: "While the existence of two separate valves allows one fuel type to have its valve 'on' while the other has its valve 'off,' there is nothing to prevent both valves from being 'on' at the same time. As such, it is possible for both valves to be in the 'on' position, which can lead to a potentially unsafe condition resulting from the mixture of the fuels." [cite: US11761390B2]

  A PHOSITA would be well aware of the undesirable and potentially hazardous consequences of simultaneously supplying two different fuels to an engine designed for alternative operation. Therefore, there would be a strong and obvious motivation to implement a mechanism to prevent this. Mechanical interlocks are a conventional and widely known class of devices used in various fields (e.g., industrial controls, electrical switches, automobile gear selectors) to ensure that only one of several mutually exclusive operations can be engaged at any given time.

  The specific "interlock" described in US11761390B2 involves a selector switch (30) with a groove (54) that slides over the fuel valve handles (34, 38). When the selector switch is in a first position, it covers and locks one handle in the OFF position while allowing the other handle to move. When moved to a second position, it covers and locks the other handle. [cite: US11761390B2] This is a straightforward mechanical interlock design. A PHOSITA, seeking to overcome the identified safety issue of simultaneous fuel flow in a dual fuel system (as taught by US4489699A), would readily conceive of applying a known mechanical interlock principle, such as a sliding gate or cam mechanism, to physically prevent simultaneous actuation of the fuel selector switches. The particular implementation of a sliding cover or groove to physically block movement of a lever is a common and obvious design choice for achieving such an interlock.

Therefore, Claim 11 would have been obvious to a PHOSITA by combining the teachings of US4489699A with general knowledge of mechanical interlock mechanisms to address the recognized safety problem of simultaneous fuel flow in dual fuel engines.

To provide a detailed analysis of US Patent 11761390 regarding patent term adjustments (PTA), patent term extensions (PTE), continuation/divisional applications, related family members, and projected expiration date, I will use the information available from the patent document itself and general knowledge of patent law.

Patent Term Adjustments (PTA)

Patent Term Adjustment (PTA) is granted to compensate for administrative delays by the USPTO during patent prosecution. These delays fall into categories such as:

• Failing to issue an office action within 14 months of filing.
• Failing to respond to a reply or appeal within four months.
• Failing to act on an application within four months of a PTAB or federal court decision.
• Failing to issue a patent within four months after payment of the issue fee.
• Failing to issue a patent within 36 months from the filing date.

Applicant delays can reduce any PTA awarded. The exact PTA for US11761390 is usually noted on the face of the patent itself or in the Issue Notification Letter.

As per the Google Patents entry, US11761390 indicates an adjusted expiration date of November 1, 2033. [cite: US11761390B2] Since the statutory term for a utility patent filed after June 8, 1995, is generally 20 years from the earliest priority filing date, and the priority date for US11761390 is November 1, 2013 [cite: US11761390B2], the unadjusted expiration date would have been November 1, 2033. The fact that the "adjusted expiration" date is the same as the unadjusted date implies that there might have been no net PTA awarded, or that any PTA was offset by applicant delay, or that the calculation resulted in no change to the overall expiration.

Patent Term Extensions (PTE)

Patent Term Extension (PTE) is distinct from PTA and is available for patents claiming products (e.g., human drugs, medical devices, food additives) that require pre-market regulatory approval from agencies like the FDA. The purpose of PTE is to restore a portion of the patent term lost during this regulatory review process.

Based on the subject matter of US11761390, which relates to a dual fuel selector switch for generators, it does not appear to cover a product that would qualify for a Patent Term Extension under 35 U.S.C. § 156. The patent describes mechanical and control systems for an engine, not a product requiring regulatory approval for commercial marketing related to pharmaceuticals, medical devices, or food additives. Therefore, it is highly unlikely that US11761390 has received any PTE.

Continuation and Divisional Applications

• Continuation Applications: A continuation application is a new application filed during the pendency of an earlier ("parent") non-provisional application, claiming the same invention. It shares the same filing date as its parent and allows for further examination of claims.
• Divisional Applications: A divisional application is also a new application filed during the pendency of an earlier ("parent") application, but it specifically covers inventions disclosed in the parent application that were subject to a restriction requirement. It also shares the same filing date as its parent.

US11761390 is explicitly identified as a continuation of U.S. patent application Ser. No. 16/789,722, filed on Feb. 13, 2020. This application, in turn, is a continuation of U.S. patent application Ser. No. 15/015,205, filed on Feb. 4, 2016 (now U.S. Pat. No. 10,598,101), which itself is a continuation of U.S. patent application Ser. No. 14/069,747, filed on Nov. 1, 2013 (now U.S. Pat. No. 9,435,273). [cite: US11761390B2]

This chain of priority indicates several continuation applications. The earliest priority date for this patent family is November 1, 2013, from U.S. patent application Ser. No. 14/069,747. [cite: US11761390B2]

Related Family Members

The patent family for US11761390 includes several related applications, all stemming from the same priority date of November 1, 2013. [cite: US11761390B2] These related applications are:

• US17/651,245 (the application number for US11761390) [cite: US11761390B2]
• US20220170421A1 (a publication of US17/651,245) [cite: US11761390B2]
• US18/330,807 (Priority to US18/330,807, which issued as US11905896B2) [cite: US11761390B2]
• US18/443,530 (Priority to US18/443,530, which published as US20240183321A1) [cite: US11761390B2]
• US19/027,054 (Priority to US19/027,054, which published as US20250154912A1) [cite: US11761390B2]
• US19/027,095 (Priority to US19/027,095, which published as US20250163860A1) [cite: US11761390B2]

The following earlier patents/applications are also part of this family, as US11761390 claims priority from them:

• U.S. patent application Ser. No. 16/789,722 (filed Feb. 13, 2020, which issued as US11306667B2) [cite: US11761390B2]
• U.S. patent application Ser. No. 15/015,205 (filed Feb. 4, 2016, which issued as US10598101B2) [cite: US11761390B2]
• U.S. patent application Ser. No. 14/069,747 (filed Nov. 1, 2013, which issued as US9435273B2) [cite: US11761390B2]

Projected Expiration Date

The statutory patent term for utility patents filed on or after June 8, 1995, is 20 years from the earliest claimed filing date. US11761390 claims priority to an application filed on November 1, 2013. [cite: US11761390B2]

Therefore, the unadjusted expiration date would be November 1, 2033.

The Google Patents page for US11761390 also lists the "Adjusted expiration" date as November 1, 2033. [cite: US11761390B2] This indicates that either no patent term adjustment was granted, or any adjustments for USPTO delays were offset by applicant delays, resulting in no change to the 20-year term from the priority date.

Summary of Term and Family Information for US11761390:

• Patent Term Adjustments (PTA): The adjusted expiration date is listed as November 1, 2033, which is 20 years from the earliest priority date. This implies no net PTA was awarded or that any adjustments were negated. [cite: US11761390B2]
• Patent Term Extensions (PTE): Not applicable, as the patent does not cover a product requiring regulatory approval under 35 U.S.C. § 156.
• Continuation Applications: US11761390 is a continuation of U.S. patent application Ser. No. 16/789,722, which is a continuation of U.S. patent application Ser. No. 15/015,205, which is a continuation of U.S. patent application Ser. No. 14/069,747. [cite: US11761390B2]
• Divisional Applications: No explicit divisional applications are mentioned in the provided text for US11761390.
• Related Family Members: The patent family includes the current patent, its application US17/651,245, its publication US20220170421A1, and several priority and child applications: US14/069,747 (US9435273B2), US15/015,205 (US10598101B2), US16/789,722 (US11306667B2), US18/330,807 (US11905896B2), US18/443,530 (US20240183321A1), US19/027,054 (US20250154912A1), and US19/027,095 (US20250163860A1). [cite: US11761390B2]
• Projected Expiration Date: November 1, 2033. [cite: US11761390B2]