DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/12/26 has been entered.
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.
Claim(s) 1 and 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20060283412 A1 to Tsuruta et al. (Tsuruta) in view of US 4909195 A to Hasebe et al. (Hasebe).
Regarding claim 1:
Tsuruta discloses:
A rocker system (figures 2-8) for an internal combustion engine (¶0003), the rocker system comprising:
at least one input rocker lever (7) rotatable about an engine component (9) in response to motion received from at least one camshaft lobe (5) of a camshaft (2);
at least one output rocker lever (6) rotatable about the engine component (9), wherein the at least one output rocker lever (6) is configured to control opening and closing of at least one exhaust valve (1; ¶0036) or at least one intake valve (1; ¶0036) associated with a cylinder (¶0013) of the internal combustion engine;
at least one valve lift switch (8) operable to:
connect the at least one input rocker lever (7) and the at least one output rocker lever (6) to one another for transferring motion from the at least one camshaft lobe (5) to the at least one exhaust valve (1) or the at least one intake valve (1)(as shown in figure 6 where the input 7 and output 6 rocker levers are connected allowing for the transfer of motion from the cam 5 to the output rocker lever 7 and the valves 1);
disconnect the at least one input rocker lever (7) and the at least one output rocker lever (6) from one another (figure 3 shows when the input 7 and output 6 rocker levers are disconnected from each other and only input rocker lever moves based on the motion of cam 5);
a biasing mechanism (17/16) in contact with the at least one input rocker lever (7) and the at least one output rocker lever (6) (see figure 3 where the biasing mechanism 17/16 contacts the input 7 and output 6 rocker levers) and configured to bias the at least one input rocker lever (7) into direct or indirect contact with the at least one camshaft lobe (5) (the biasing of 17/16 pushes the input rocker lever 7 toward the camshaft lobe 5).
Tsuruta fails to disclose:
A first stop member and a second stop member configured to contact the first stop member to prevent over-rotation of the at least one input rocker lever under the bias of the biasing mechanism.
Hasebe teaches:
A rocker system (figure 6) that includes an input rocker lever (25i) and two output rocker levers (24i and 23i). The input and output rocker levers are connected via a valve switch (52/51/53) that disconnects and connects the input and output rocker levers. Further, the input and output rocker levers include a first and second stop member (121 and 120) to prevent the over rotation of the input rocker lever (column 5, lines 40-65) and for ease of assembly of the rocker levers.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tsuruta to further include first and second stop members between the input and output rocker lever of Tsuruta as taught by Hasebe in order to prevent the over rotation of the input rocker lever and to simplify the assembly of the rocker levers.
Regarding claim 3:
Tsuruta discloses:
The rocker system of claim 1, wherein the at least one output rocker lever (6) includes a rocker body (see the body including 6a-6d) with a first arm (see first arm A in figure 1 below) spaced from a second arm (see second arm B in figure 1 below), the first and second arms being configured for placement around the engine component (9)(as shown in figure 1) and forming a space therebetween for receipt of (see figure 1 below where input rocker lever 7 is between first and second arms A and B) the at least one input rocker lever (7) .
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Figure 1 – figure 1 of Tsuruta, annotated by the examiner
Regarding claim 4:
Tsuruta discloses:
The rocker system of claim 1, wherein the at least one output rocker lever (6) is configured to receive motion from (see figure 2) at least one additional camshaft lobe (4) on the camshaft (2).
Regarding claim 5:
All limitations of the claim are taught by the 35 USC 103 rejection of claim 1 by Tsuruta and Hasebe:
The rocker system of claim 1, wherein the first stop member comprises a stop pin (see the first stop member/stop pin 121 of Hasebe incorporated into Tsuruta).
Regarding claim 6:
Tsuruta discloses:
The rocker system of claim 1, wherein the second stop member comprises a stop member projection (under the broadest reasonable interpretation, a stop member projection could be interpreted as a cavity or a protruding surface which the second stop member 120 of Hasebe reads on and is incorporated into Tsuruta).
Regarding claim 7:
All limitations of the claim are taught by the 35 USC 103 rejection of claim 1 by Tsuruta and Hasebe:
The rocker system of claim 1, wherein the first stop member (see the first stop member of Hasebe incorporated into Tsuruta) is deployed on each of the at least one input rocker lever (see the input rocker arms (25i) each with first stop member 120 as taught in Hasebe and would be incorporated into Tsuruta accordingly) and the second stop member (see the second stop member of Hasebe incorporated into Tsuruta) is deployed on each of the at least one output rocker lever (see the output rocker arms (24i/23i) each with second stop member 121 as taught in Hasebe and would be incorporated into Tsuruta accordingly).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20060283412 A1 to Tsuruta and US 4909195 A to Hasebe as applied to claim 1 above, and further in view of US 5080054 A to Nakamura.
Regarding claim 2:
Tsuruta fails to disclose:
The rocker system of claim 1, further comprising a lash adjuster that connects the at least one of the at least one exhaust valve or the at least one intake valve to the at least one output rocker lever.
Nakamura teaches:
A rocker system (figures 1 and 2) that include an input rocker lever (2) and output rocker lever (1) . The system also includes a biasing mechanism (27/25) and a hydraulic lash adjuster (10) arranged between the output rocker lever and the valve (9). The lash adjuster is included to reduce the clearance between the output rocker lever and the valve (column 2, lines 10-16).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tsuruta to further include a lash adjuster between the exhaust/intake valve and the output rocker lever as taught by Nakamura in order to remove the clearance between the output rocker arm and the valve and allow for the proper actuation of the exhaust/intake valve (Nakamura, column 2, lines 10-16).
Response to Arguments
Applicant's arguments filed 1/12/26 have been fully considered but they are not persuasive.
Regarding the 35 USC 103 rejection of claim 1:
The applicant has argued that the first and second stop member of Hasebe cannot be combined with Tsuruta since the Tsuruta reference does not show adjacent surfaces between the first input and output rocker arms as shown in figure 3 (see page 4 of the remarks). However, the office is not persuaded by this argument. First, while figure 3 does show the input and output rockers arms (7 and 6 respectively) are arranged above and below each other, figure 3 only shows a portion of the output rocker arm 6 which is arranged below the input rocker arm 7. However, figure 3 does show the other portion of the output rocker arm 6 as 6b which is adjacent to input rocker arm 7. It’s also further shown in figure 2 that the input and output rocker arms 7 and 6 can be arranged adjacent or facing each other (see portions D and C of the input and output rocker arm) where the first and second stop members of Hasebe could be located. For this reason, the applicant’s arguments are not persuasive and the above rejections are maintained. Further, as indicated above, the new claim 7 is rejected as well.
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Figure 2 – figure 2 of Tsuruta, annotated by the examiner
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESLEY HARRIS whose telephone number is (571)272-3665. The examiner can normally be reached M to F, 9am-5pm.
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/WESLEY G HARRIS/Examiner, Art Unit 3783