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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-17 are indefinite because the two directional terms “the one end side” and “the other end side” are used throughout the claims, but do not consistently point to either the throttle valve side of the throttle body or the gear case side of the throttle body. For example, in claim 1, it is stated that the one end side of the throttle shaft has a fixing nut screwed onto it and is inside the gear case, while in claim 2, the case side annular fitting is found on the other end side of the shaft hole, or the same side as the fixing nut and the gear case in claim 1. Similarly, the movement restricting surface in claim 3 is facing the other end side and is between the gear case and the shaft hole, which according to claim 1 would be the one end side of the shaft. In claim 4, the one end side is again on the side of the shaft with the fixing nut inside the gear case, so it is consistent with claim 1 on which side is the one end side. The other claims similarly fit into the category of using the one end side and the other end side consistent with claim 1 or inconsistent with claim 1. For the purposes of examination, it will be assumed that the end of the shaft with the fixing nut inside the gear case is the one end side of the valve body and shaft while the opposite end of the shaft with the positioning ring and the body side annular fitting portion are on the other end side of the shaft and valve body, regardless of what end side the claims are referring to. Appropriate amendments are required to accurately convey applicant’s intended meaning.
Claim Rejections - 35 USC § 103
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 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 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ihana et al. (PG Pub 2016/0273661) in view of (Wayama et al. (PG Pub 2004/0129252).
Regarding claim 1, Ihana teaches an engine device in which a valve is supported inside a bore of a valve body by a valve shaft such that the valve is able to be opened and closed (figure 2, elements 4, 2, 1, 13, and 5; paragraph 25), a gear case accommodating gear trains is fixed to a side portion of the valve body (figure 2, element 11; paragraph 25), and one end of the valve shaft is caused to project into the gear case via a shaft hole (figure 1, element 12; paragraph 26) and is driven via the gear trains (paragraph 25), the engine device comprising:
an annular fitting portion formed to be adjacent to the shaft hole (figures 1 and 6, element 71; paragraph 29 and 50);
a bearing (figures 1 and 6, element 6; paragraph 27) having an outer ring to be fitted to the annular fitting portion (figures 1 and 6, element 62; paragraph 27) and an inner ring to be fitted to the valve shaft (figures 1 and 6, element 61; paragraph 27), and rotatably supporting the valve shaft (paragraph 25);
a positioning ring pressure-fitted into the annular fitting portion (figures 6, element 77; paragraph 52) and abutting the outer ring to restrict displacement of the outer ring along an axis of the valve shaft (paragraph 33); and
a fixing nut (shown in figure 1 above element 8 but not labeled) screwed onto the one end of the valve shaft inside the gear case and abutting the inner ring on one end side to restrict displacement of the inner ring to the one end side (paragraph 27).
Ihana is silent as to the engine device being an engine throttle device which is a throttle valve is supported inside a throttle bore of a throttle body by a throttle shaft such that the throttle valve is able to be opened and closed, a gear case accommodating gear trains is fixed to a side portion of the throttle body, and one end of the throttle shaft is caused to project into the gear case via a shaft hole and is driven via the gear trains.
Wayama teaches an engine throttle device which is a throttle valve (title and abstract) is supported inside a throttle bore (figure 3, element 1) of a throttle body (figure 3, element 100) by a throttle shaft (figure 3, element 3) such that the throttle valve is able to be opened and closed (paragraph 2), a gear case accommodating gear trains is fixed to a side portion of the throttle body (figure 3, element 102; paragraph 76), and one end of the throttle shaft is caused to project into the gear case via a shaft hole (paragraph 80; figure 3, element 43d) and is driven via the gear trains (paragraph 58).
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to combine the throttle valve of Wayama with the valve of Ihana since doing so would be an example of applying a known technique to a known device ready for improvement to yield predictable results. In this case, the valves of Wayama and Ihana both work in the same manner but are not both used in the intake air system of an engine. With minor adjustments to the control mechanism, the valves could be used in a multitude of systems and still operate in the same way and have the same design.
Regarding claim 2, Ihana teaches the engine throttle device according to claim 1, wherein
the shaft hole is formed in the gear case (figure 4, element 12; paragraphs 29 and 30), and a case-side annular fitting portion as the annular fitting portion is formed on the other end side of the shaft hole (figures 1 and 6; element 74 of 72; paragraphs 29 and 30), and
the positioning ring abuts the outer ring from the other end side inside the case-side annular fitting portion to restrict displacement of the outer ring to the other end side (paragraph 33).
Regarding claim 3, Ihana teaches the engine throttle device according to claim 2, wherein
a movement restricting surface facing the other end side is formed between the shaft hole and the case-side annular fitting portion in the gear case (figures 1 and 6, element 75; paragraphs 29, 31, and 33), and
the positioning ring positions the outer ring in an axial direction of the throttle shaft with the outer ring sandwiched between the positioning ring and the movement restricting surface (paragraph 33).
Regarding claim 4, Ihana teaches the engine throttle device according to claim 3, wherein
a stepped surface facing the one end side is formed in the throttle shaft (see figure 6, step in the outer surface of element 5 upon which element 61 rests), and
the fixing nut positions an inner ring of the bearing in an axial direction of the throttle shaft with the inner ring sandwiched between the fixing nut and the stepped surface (paragraph 27; figure 6 would have the fixing nut above element 9; paragraph 50).
Regarding claim 5, Ihana teaches the engine throttle device according to claim 4, further comprising:
a collar with a cylindrical shape fitted to the throttle shaft and abutting the inner ring on the one end side (figure 6, element 9; paragraphs 27 and 50), wherein
the fixing nut sandwiches the inner ring of the bearing between the fixing nut and the stepped surface via the collar (paragraph 27; figure 6 would have the fixing nut above element 9; paragraph 50).
Regarding claim 6, Ihana teaches the engine throttle device according to claim 5, wherein
an inner circumferential surface of the shaft hole forms a gap between the inner circumferential surface and an outer circumferential surface of the throttle shaft (see figure 6, the area between element 5 and element 75 is in element 12 (not labeled on figure 6); paragraph 50), and
the collar abuts the inner ring as being arranged in the gap (figure 6, element 9; paragraphs 27 and 50).
Regarding claim 7, Ihana teaches the engine throttle device according to claim 2, wherein
a body-side annular fitting portion that is adjacent to the other end side of the case-side annular fitting portion is formed in the throttle body (figure 6, element 15; paragraphs 51 and 52), and
the positioning ring is press-fitted into the case-side annular fitting portion and is inserted into the body-side annular fitting portion (figure 6, elements 73 and 77; paragraph 52, 29, and 58).
Regarding claim 8, Ihana teaches the engine throttle device according to claim 7, wherein
a stepped surface facing the one end side is formed in the throttle shaft (see figure 6, step in the outer surface of element 5 upon which element 61 rests), and
the fixing nut positions an inner ring of the bearing in an axial direction of the throttle shaft with the inner ring sandwiched between the fixing nut and the stepped surface (paragraph 27; figure 6 would have the fixing nut above element 9; paragraph 50).
Regarding claim 9, Ihana teaches the engine throttle device according to claim 8, further comprising:
a collar with a cylindrical shape fitted to the throttle shaft and abutting the inner ring on the one end side (figure 6, element 9; paragraphs 27 and 50), wherein
the fixing nut sandwiches the inner ring of the bearing between the fixing nut and the stepped surface via the collar (paragraph 27; figure 6 would have the fixing nut above element 9; paragraph 50).
Regarding claim 10, Ihana teaches the engine throttle device according to claim 9, wherein
an inner circumferential surface of the shaft hole forms a gap between the inner circumferential surface and an outer circumferential surface of the throttle shaft (see figure 6, the area between element 5 and element 75 is in element 12 (not labeled on figure 6); paragraph 50), and
the collar abuts the inner ring as being arranged in the gap (figure 6, element 9; paragraphs 27 and 50).
Regarding claim 11, Ihana teaches the engine throttle device according to claim 2, wherein
a stepped surface facing the one end side is formed in the throttle shaft (see figure 6, step in the outer surface of element 5 upon which element 61 rests), and
the fixing nut positions an inner ring of the bearing in an axial direction of the throttle shaft with the inner ring sandwiched between the fixing nut and the stepped surface (paragraph 27; figure 6 would have the fixing nut above element 9; paragraph 50).
Regarding claim 12, Ihana teaches the engine throttle device according to claim 11, further comprising:
a collar with a cylindrical shape fitted to the throttle shaft and abutting the inner ring on the one end side (figure 6, element 9; paragraphs 27 and 50), wherein
the fixing nut sandwiches the inner ring of the bearing between the fixing nut and the stepped surface via the collar (paragraph 27; figure 6 would have the fixing nut above element 9; paragraph 50).
Regarding claim 13, Ihana teaches the engine throttle device according to claim 12, wherein
an inner circumferential surface of the shaft hole forms a gap between the inner circumferential surface and an outer circumferential surface of the throttle shaft (see figure 6, the area between element 5 and element 75 is in element 12 (not labeled on figure 6); paragraph 50), and
the collar abuts the inner ring as being arranged in the gap (figure 6, element 9; paragraphs 27 and 50).
Regarding claim 14, Ihana teaches the engine throttle device according to claim 1, wherein
a stepped surface facing the one end side is formed in the throttle shaft (see figure 6, step in the outer surface of element 5 upon which element 61 rests), and
the fixing nut positions an inner ring of the bearing in an axial direction of the throttle shaft with the inner ring sandwiched between the fixing nut and the stepped surface (paragraph 27; figure 6 would have the fixing nut above element 9; paragraph 50).
Regarding claim 15, Ihana teaches the engine throttle device according to claim 14, further comprising:
a collar with a cylindrical shape fitted to the throttle shaft and abutting the inner ring on the one end side (figure 6, element 9; paragraphs 27 and 50), wherein
the fixing nut sandwiches the inner ring of the bearing between the fixing nut and the stepped surface via the collar (paragraph 27; figure 6 would have the fixing nut above element 9; paragraph 50).
Regarding claim 16, Ihana teaches the engine throttle device according to claim 15, wherein
an inner circumferential surface of the shaft hole forms a gap between the inner circumferential surface and an outer circumferential surface of the throttle shaft (see figure 6, the area between element 5 and element 75 is in element 12 (not labeled on figure 6); paragraph 50), and
the collar abuts the inner ring as being arranged in the gap (figure 6, element 9; paragraphs 27 and 50).
Regarding claim 17, Ihana teaches the engine throttle device according to claim 1, wherein
the shaft hole is formed in the throttle body (see figure 6, element 13 has a shaft hole formed in it), and a body-side annular fitting portion as the annular fitting portion is formed on the one end side of the shaft hole (figure 6, element 15; paragraphs 51 and 52), and
the positioning ring abuts the outer ring on the one end side inside the body-side annular fitting portion to restrict displacement of the outer ring to the one end side (figure 6, elements 73, 77, and 15; paragraphs 51, 52, and 29).
Conclusion
The prior art made of record on PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUSAN E SCHARPF whose telephone number is (571)270-5304. The examiner can normally be reached Monday - Friday 7:30am-4:30pm.
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/Susan E Scharpf/Examiner, Art Unit 3747
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747