DETAILED ACTION
Final
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 .
Response to Amendment/Arguments
Claims 1, 2, 4-7 are pending. Claims 1, 2, 4-7 are currently amended. Claim 3 is canceled.
The drawing replacement sheets have overcome the drawing objections. Accordingly those sheets are entered. The substitute specification is accepted and entered. It appears that no new matter has been entered. The amendments to the claims have overcome the 35 USC 112 second paragraph rejections as well as the claim objections, and accordingly those objections/rejections are withdrawn.
The amendments to the claims have required further search and/or consideration to address the amendments. It is pointed out that the amended rejection addresses the remarks in the response on pages 10 and 11 of the response filed on 1/8/2026. Considering the remarks are not persuasive, and in light of the rejection to address the amended limitations, this action must be made Final.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/5/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riccardi (US 2023/0415176) and further in view of Frigerio (US 11428339) and Ido (US 2004/0184205).
Riccardi discloses in claim 1: (see at least annotated figure 5 and partially annotated figure 4 below)
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A valve timing solenoid (the term “timing” considered a term of intended use as it adds no meaningful limitation to the body of the claimed apparatus under MPEP 2114) (see 1 figure 4 and 5) comprising: a first part (7) with an open end (at 1002) defined by a surrounding wall (of 1004) that has at least one aperture (7a) and at least one recess (at 1006 defined by the inside passage and wall of 7a, and as the bore of 7a penetratingly opens into the inside cylindrical surface of 7 there is an open radially inward facing recess as noted at 1006 to provide for exposure of the pin 8) that are aligned with each other (8 left/right); a second part (3f) has a projection (at 1008) that fits within the open end and has a slot (3g) that is positioned to align with the at least one aperture and the at least one recess and, a shear pin (8 left/right pin projections and each) that passes through the at least one aperture (7a) and the at least one recess (1006) so that a first end (the end at 1010b) of the shear pin is within the at least one aperture and a second end (the end at 1010a) of the shear pin is within the at least one recess (there being a middle as indicated that divides the axial ends), wherein each respective pair of the at least one aperture and the at least one recess are dimensioned to receive the shear pin (as shown), the slot permits passage of the at least one shear pin (as shown), Riccardi does not disclose, two separate shear pins, nor the first and second ends (see figure 2) of the shear pin (23) are contained within the first part (22) in order to join the first part (22) to the second part;
But Frigerio teaches, two separate pins 204A figure 6 and Col 5 ln 22-23, provided for the purpose of stably fixing the valve body on either side; and Ido teaches: both the first and second ends (see figure 2) of the shear pin (23) are contained within the first part (22) in order to join the first part (22) to the second part (21, all for the purpose of for example, reducing access of the pin from outside interference and reducing the effect of inadvertent decoupling of the parts.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Riccardi as taught in Frigerio, two separate pins, for the purpose of stably fixing the valve body on either side, as also taught in Riccardi, especially since it has been held that the provision of separability, where needed, involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) and
It would have been further obvious to one of ordinary skill in the art at the time of filing of the invention to provide Riccardi/Frigerio as taught in Ido, with the two pins of Riccardi/Frigerio with separate first and second ends as taught in Ido for the respective the shear pins so as to be contained within the first part as taught in Ido in order to join the first part of Riccardi as taught in Ido to the second part thereof, and all for the purpose of for example, reducing access of the pin from outside interference and reducing the effect of inadvertent decoupling of the parts.
Riccardi discloses (as modified for the reasons discussed above) in claim 2: The valve timing solenoid of claim 1, wherein the at least one aperture in the first part comprises a pair of apertures (left and right 7a as shown), the at least one recess in the first part comprises a pair of recesses (1006 left/right), and a further shear pin (as modified above) in provided such that there is a pair shear pins (8 left/right), where each of the pair of shear pins passes through one of the pair of apertures and into a respective one of the pair of recesses (as discussed) such that the first and second ends of each [[f]] (claim 2 is also objected to for inclusion of a misspelled word “f”, appropriate correction is required) [of] the shear pins are contained within the first part (as modified for the reasons discussed above) in order to connect the first part to the second part.
Riccardi discloses in claim 4: The valve timing solenoid of claim 1, wherein the first part has two of the apertures (7a left/right) and two of the recesses (1006 left/right) and there is a second shear pin in order to provide a pair of shear pins (8 left/right as modified for the reasons discussed above); whereby each of the shear pins passes through a respective one of the apertures and into a respective one of the two recesses such that and the valve timing solenoid is joined as a single unit (as discussed.)
Riccardi discloses in claim 5: A valve timing solenoid (the term “timing” considered a term of intended use as it adds no meaningful limitation to the body of the claimed apparatus under MPEP 2114) (see 1 figure 4 and 5), comprising: a first part (7) with a wall (at 1004) that has an aperture (7a left/right) and a recess (at 1006 and defined by the inside passage and wall of 7a, and as the bore of 7a penetratingly opens into the inside cylindrical surface of 7 there is an open radially inward facing recess as noted at 1006 to provide for exposure of the pin 8) that are aligned (axially) (8 left/right); a second part (3f) having a projection (at 1008) that fits within an opening (at 1000) defined by the surrounding wall of the first part and has an annular slot (3g); and, a shear pin (id and the body of the shear pin 8) that passes through the aperture and into the recess, wherein the aperture and the recess are dimensioned to receive the shear pin (as shown), the slot is dimensioned to permit passage of the shear pin at least partially therethrough (as shown), Riccardi does not disclose, two separate shear pins, nor the first and second ends (see figure 2) of the shear pin (23) are contained within the first part (22) in order to join the first part (22) to the second part;
But Frigerio teaches, two separate pins 204A figure 6 and Col 5 ln 22-23, provided for the purpose of stably fixing the valve body on either side; and Ido teaches: both the first and second ends (see figure 2) of the shear pin (23) are contained within the first part (22) in order to join the first part (22) to the second part (21, all for the purpose of for example, reducing access of the pin from outside interference and reducing the effect of inadvertent decoupling of the parts.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Riccardi as taught in Frigerio, two separate pins, for the purpose of stably fixing the valve body on either side, as also taught in Riccardi, especially since it has been held that the provision of separability, where needed, involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) and
It would have been further obvious to one of ordinary skill in the art at the time of filing of the invention to provide Riccardi/Frigerio as taught in Ido, with the two pins of Riccardi/Frigerio with separate first and second ends as taught in Ido for the respective the shear pins so as to be contained within the first part as taught in Ido in order to join the first part of Riccardi as taught in Ido to the second part thereof, and all for the purpose of for example, reducing access of the pin from outside interference and reducing the effect of inadvertent decoupling of the parts.
Riccardi discloses in claim 6: A valve timing solenoid (the term “timing” considered a term of intended use as it adds no meaningful limitation to the body of the claimed apparatus under MPEP 2114) (see 1 figure 4 and 5) having: a first part (7) with an open end (at 1002) and a surrounding wall (of 1004) that has a pair of aligned apertures (7a left/right) and recesses (at 1006 left/right defined by the inside passage and wall of 7a, and as the bore of 7a penetratingly opens into the inside cylindrical surface of 7 there is an open radially inward facing recess as noted at 1006 to provide for exposure of the pin 8 left/right) a second part (3f) that has a projection (at 1008) dimensioned to fit within the open end of the first part (as shown), the projection has a slot (3g) located between a pair of rings (1012a,b); and a respective shear pin (8 left/right) is inserted in each of the pair of aligned apertures and into a respective one of the aligned recesses in the surrounding wall (as shown) wherein the pair of apertures and the recesses are dimensioned to receive the respective one of the shear pins (as shown), the slot is dimensioned to permit passage of the shear pins at least partially therethrough (as shown), whereby the first part and the second pat are joined as a single unit (single integrally connected unitarily movable assembly of parts) by one of the shear pins (8 left/right) located in each of the pair of the aligned apertures and recesses; Riccardi does not disclose, two separate shear pins, nor the first and second ends (see figure 2) of the shear pin (23) are contained within the first part (22) in order to join the first part (22) to the second part;
But Frigerio teaches, two separate pins 204A figure 6 and Col 5 ln 22-23, provided for the purpose of stably fixing the valve body on either side; and Ido teaches: both the first and second ends (see figure 2) of the shear pin (23) are contained within the first part (22) in order to join the first part (22) to the second part (21, all for the purpose of for example, reducing access of the pin from outside interference and reducing the effect of inadvertent decoupling of the parts.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Riccardi as taught in Frigerio, two separate pins, for the purpose of stably fixing the valve body on either side, as also taught in Riccardi, especially since it has been held that the provision of separability, where needed, involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) and
It would have been further obvious to one of ordinary skill in the art at the time of filing of the invention to provide Riccardi/Frigerio as taught in Ido, with the two pins of Riccardi/Frigerio with separate first and second ends as taught in Ido for the respective the shear pins so as to be contained within the first part as taught in Ido in order to join the first part of Riccardi as taught in Ido to the second part thereof, and all for the purpose of for example, reducing access of the pin from outside interference and reducing the effect of inadvertent decoupling of the parts.
Riccardi discloses in claim 7: A valve timing solenoid (the term “timing” considered a term of intended use as it adds no meaningful limitation to the body of the claimed apparatus under MPEP 2114) (see 1 figure 4 and 5) having: a first part (7) with an aligned aperture (7a left/right) and recess (at 1006 left/right) formed in a surrounding wall (at 1004 and dimensioned to receive a shear pin 8 left/right); a second part (3f) with a projection (at 1008) that fits within an opening (1000) defined by the surrounding wall of the first part and has a relief (3g/1012a,b); and, a shear pin (8 left/right) that extends between the aligned aperture and the recess, wherein the aperture and the recess are dimensioned to receive the shear pin (as shown), the slot is dimensioned to permit passage of the shear pin at least partially therethrough (as shown); Riccardi does not disclose, two separate shear pins, nor the first and second ends (see figure 2) of the shear pin (23) are contained within the first part (22) in order to join the first part (22) to the second part;
But Frigerio teaches, two separate pins 204A figure 6 and Col 5 ln 22-23, provided for the purpose of stably fixing the valve body on either side; and Ido teaches: both the first and second ends (see figure 2) of the shear pin (23) are contained within the first part (22) in order to join the first part (22) to the second part (21, all for the purpose of for example, reducing access of the pin from outside interference and reducing the effect of inadvertent decoupling of the parts.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Riccardi as taught in Frigerio, two separate pins, for the purpose of stably fixing the valve body on either side, as also taught in Riccardi, especially since it has been held that the provision of separability, where needed, involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) and
It would have been further obvious to one of ordinary skill in the art at the time of filing of the invention to provide Riccardi/Frigerio as taught in Ido, with the two pins of Riccardi/Frigerio with separate first and second ends as taught in Ido for the respective the shear pins so as to be contained within the first part as taught in Ido in order to join the first part of Riccardi as taught in Ido to the second part thereof, and all for the purpose of for example, reducing access of the pin from outside interference and reducing the effect of inadvertent decoupling of the parts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W JELLETT, whose telephone number is 571-270-7497. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Ken Rinehart can be reached at (571)-272-4881, or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew W Jellett/Primary Examiner, Art Unit 3753