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
Amendment to the claims were received on July 6, 2026. These amendments overcome the previous rejection under 35 U.S.C. 112(b).
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 fitted to the annular fitting portion (figures 1 and 6, element 62; paragraph 27) and an inner ring 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 a screw at the end of 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 in an axial direction 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 one 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 an 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 the 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 the 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 the 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 the 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 the 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).
Response to Arguments
Applicant's arguments filed July 6, 2026 have been fully considered but they are not persuasive.
Applicant’s argument that Ihana does not disclose the features of claim 1 is not persuasive. Paragraph 27 of Ihana clearly states “In addition, in order to hold the inner ring 61 of the bearing 6, one end of the inner ring 61 is abutted on a pipe 9 press-fit thereinto by the support shaft 5, the other end of the inner ring 61 is abutted on a plate 8 inserted thereinto by the support shaft 5 and fastened with a nut, to be thus sandwiched therebetween.” Therefore, Ihana teaches that the nut is fastened to a screw to hold the inner ring of the bearing on the shaft and restrict motion in the axial direction of the shaft.
In response to applicant's argument that the advantages of restricting displacement in the axial direction with a screw are taught in the specification, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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 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
/HUNG Q NGUYEN/Primary Examiner, Art Unit 3747
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