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 § 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.
Claim(s) 1-3, 5-8, 10-12, 14-17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andrisani, US 10,871,086, in view of Roberts et al., US 2021/0340891.
Regarding Claim 1
Andrisani discloses a rocker assembly (30) (Andrisani, Abstract, Column 5, Lines 2-17, Figure 1), comprising:
a rocker arm (40) comprising a valve end (Andrisani, Figure 5); and
an engine brake capsule assembly (HLA assembly (46), [the HLA assembly (46) is interpreted as an engine brake capsule assembly, as Andrisani discloses that the rocker arm assembly (30) can operate in a default combustion engine mode with engine braking off and an engine braking mode (Figures 4-8) (Andrisani, Column 6, Lines 60-63, Figures 4-8), and when operating in an engine braking mode, the HLA assembly (46) is utilized to control opening an closure of the first exhaust valve]) disposed at the valve end (Andrisani, Figure 5), the engine brake capsule assembly (46) movable between a retracted position and an extended position (Andrisani, Column 1, Lines 60-62), wherein in the retracted position the engine brake capsule assembly (46) does not engage a valve bridge (42) (Andrisani, Column 8, Figure 6), and in the extended position the engine brake capsule assembly (46) selectively engages the valve bridge (42) to open a first exhaust valve (50) (Andrisani, Column 7, Lines 42-46, Figures 4 and 4A),
the engine brake capsule assembly (46) comprising:
a body comprising a lower chamber (houses (62)) and an upper chamber (houses (120)) (Andrisani, Figure 4A);
a plunger (62) disposed partially within the lower chamber (houses (62)), wherein the plunger (62) comprises an external shoulder disposed on a side of the plunger (62) (Andrisani, Figure 4A);
an actuation pin (100) disposed within the upper chamber (houses (120)) and extending down into an internal housing disposed within the lower chamber (houses (62)), wherein the plunger (62) is disposed around the internal housing and configured to translate with respect to the internal housing (Andrisani, Figure 4A); and
a check ball valve (80) assembly disposed within the plunger (62) configured to selectively enable a hydraulic fluid into an internal chamber of the plunger (62), wherein the check ball valve (80) assembly is further configured to seat against a bottom end of the internal housing (Andrisani, Figure 4A).
However, Andrisani does not disclose a locking pin configured to extend into the lower chamber and engage with the external shoulder of the plunger, wherein the locking pin is further configured to retract from the external shoulder of the plunger in response to hydraulic pressure acting on the locking pin.
Roberts teaches a locking pin (932) configured to engage with an external shoulder of the plunger (920) (Roberts, [0035], Figure 9), wherein the locking pin (932) is further configured to retract from the external shoulder of the plunger (920) in response to hydraulic pressure acting on the locking pin (932) (Roberts, [0035], Figure 9).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to combine the locking pin as taught by Roberts with the engine brake capsule assembly as taught by Andrisani since this would provide the advantage of providing a failsafe function (Roberts, [0034]-[0035]) of the engine brake capsule assembly.
Regarding Claim 2
Andrisani and Roberts teach the rocker assembly of claim 1. Andrisani further discloses that the rocker arm (30) further comprises a central bore configured to receive a rocker shaft (34), wherein the rocker shaft (34) is disposed through the central bore of the rocker arm (Andrisani, Figure 4).
Regarding Claim 3
Andrisani and Roberts teach the rocker assembly of claim 2. Andrisani and Roberts further teach that the rocker arm (40) further comprises: a first oil channel (150) configured to provide fluid communication between the upper chamber (houses (120)) and the central bore (receives rocker shaft (340) (Andrisani, Figure 3); and a second oil channel (240) configured to provide fluid communication between a space and the central bore (receives rocker shaft (34)) (Andrisani, Figure 3A), the space being defined by the plunger (62) and the locking pin (included within the combination of Andrisani and Roberts) [oil is provided through passage (240) to the lower chamber (houses plunger (62)), and since the combination of Andrisani and Roberts teaches that the locking pin extends into the lower chamber and engages with the external shoulder of the plunger, the combination of Andrisani and Roberts teaches the second channel providing fluid communication between the space and the central bore] (Andrisani, Figures 3 and 3A).
Regarding Claim 5
Andrisani and Roberts teach the rocker assembly of claim 3. Andrisani further discloses that the rocker arm (30) further comprises a third oil channel (180) configured to provide fluid communication between the lower chamber (houses (62)) and the central bore (Andrisani, Column 6, Lines 12-35, Figures 10 and 11).
Regarding Claim 6
Andrisani and Roberts teach the rocker assembly of claim 1. Andrisani further discloses that the engine brake capsule assembly (46) further comprises a first spring (82) disposed within the internal chamber configured to bias the plunger (62) downwards in the extended position (Andrisani, Figures 4 and 4A).
Regarding Claim 7
Andrisani and Roberts teach the rocker assembly of claim 6. Andrisani further discloses that the engine brake capsule assembly (46) further comprises a second spring (120) disposed within the upper chamber (houses (120)) configured to bias the actuation pin (100) downwards to unseat the check ball valve assembly (80) (Andrisani, Column 8, Lines 19-22).
Regarding Claim 8
Andrisani and Roberts teach rocker assembly of claim 1. Andrisani further discloses that the internal housing comprises one or more ports (at arrow of Figure 7A) configured to allow fluid communication between the lower chamber (houses (62)) and the internal chamber of the plunger (62) (Andrisani, Figure 7A).
Regarding Claim 10
Andrisani discloses a valvetrain assembly (10) (Andrisani, Figure 1), comprising: a first exhaust valve (50); a second exhaust valve (51); and a dual exhaust valve rocker arm assembly (30) configured to selectively open the first exhaust valve (50) and the second exhaust valve (51) (Andrisani, Figure 4),
the dual exhaust valve rocker arm assembly (30) (Andrisani, Abstract, Column 5, Lines 2-17, Figure 1), comprising:
a first rocker arm (40) comprising a valve end (Andrisani, Figure 5); and
an engine brake capsule assembly (HLA assembly (46), [the HLA assembly (46) is interpreted as an engine brake capsule assembly, as Andrisani discloses that the rocker arm assembly (30) can operate in a default combustion engine mode with engine braking off and an engine braking mode (Figures 4-8) (Andrisani, Column 6, Lines 60-63, Figures 4-8), and when operating in an engine braking mode, the HLA assembly (46) is utilized to control opening an closure of the first exhaust valve]) disposed at the valve end (Andrisani, Figure 5), the engine brake capsule assembly (46) movable between a retracted position and an extended position (Andrisani, Column 1, Lines 60-62), wherein in the retracted position the engine brake capsule assembly (46) does not engage a valve bridge (42) (Andrisani, Column 8, Figure 6), and in the extended position the engine brake capsule assembly (46) selectively engages the valve bridge (42) to open a first exhaust valve (50) (Andrisani, Column 7, Lines 42-46, Figures 4 and 4A),
the engine brake capsule assembly (46) comprising:
a body comprising a lower chamber (houses (62)) and an upper chamber (houses (120)) (Andrisani, Figure 4A);
a plunger (62) disposed partially within the lower chamber (houses (62)), wherein the plunger (62) comprises an external shoulder disposed on a side of the plunger (62) (Andrisani, Figure 4A);
an actuation pin (100) disposed within the upper chamber (houses (120)) and extending down into an internal housing disposed within the lower chamber (houses (62)), wherein the plunger (62) is disposed around the internal housing and configured to translate with respect to the internal housing (Andrisani, Figure 4A); and
a check ball valve (80) assembly disposed within the plunger (62) configured to selectively enable a hydraulic fluid into an internal chamber of the plunger (62), wherein the check ball valve (80) assembly is further configured to seat against a bottom end of the internal housing (Andrisani, Figure 4A).
However, Andrisani does not disclose a locking pin configured to extend into the lower chamber and engage with the external shoulder of the plunger, wherein the locking pin is further configured to retract from the external shoulder of the plunger in response to hydraulic pressure acting on the locking pin.
Roberts teaches a locking pin (932) configured to engage with an external shoulder of the plunger (920) (Roberts, [0035], Figure 9), wherein the locking pin (932) is further configured to retract from the external shoulder of the plunger (920) in response to hydraulic pressure acting on the locking pin (932) (Roberts, [0035], Figure 9).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to combine the locking pin as taught by Roberts with the engine brake capsule assembly as taught by Andrisani since this would provide the advantage of providing a failsafe function (Roberts, [0034]-[0035]) of the engine brake capsule assembly.
Regarding Claim 11
Andrisani and Roberts teach the valvetrain assembly of claim 10. Andrisani further discloses that the rocker arm (30) further comprises a central bore configured to receive a rocker shaft (34), wherein the rocker shaft (34) is disposed through the central bore of the rocker arm (Andrisani, Figure 4).
Regarding Claim 12
Andrisani and Roberts teach the valvetrain assembly of claim 11. Andrisani and Roberts further teach that the rocker arm (40) further comprises: a first oil channel (150) configured to provide fluid communication between the upper chamber (houses (120)) and the central bore (receives rocker shaft (340) (Andrisani, Figure 3); and a second oil channel (240) configured to provide fluid communication between a space and the central bore (receives rocker shaft (34)) (Andrisani, Figure 3A), the space being defined by the plunger (62) and the locking pin (included within the combination of Andrisani and Roberts) [oil is provided through passage (240) to the lower chamber (houses plunger (62)), and since the combination of Andrisani and Roberts teaches that the locking pin extends into the lower chamber and engages with the external shoulder of the plunger, the combination of Andrisani and Roberts teaches the second channel providing fluid communication between the space and the central bore] (Andrisani, Figures 3 and 3A).
Regarding Claim 14
Andrisani and Roberts teach the valvetrain assembly of claim 12. Andrisani further discloses that the rocker arm (30) further comprises a third oil channel (180) configured to provide fluid communication between the lower chamber (houses (62)) and the central bore (Andrisani, Column 6, Lines 12-35, Figures 10 and 11).
Regarding Claim 15
Andrisani and Roberts teach the valvetrain assembly of claim 10. Andrisani further discloses that the engine brake capsule assembly (46) further comprises a first spring (82) disposed within the internal chamber configured to bias the plunger (62) downwards in the extended position (Andrisani, Figures 4 and 4A).
Regarding Claim 16
Andrisani and Roberts teach the valvetrain assembly of claim 15. Andrisani further discloses that the engine brake capsule assembly (46) further comprises a second spring (120) disposed within the upper chamber (houses (120)) configured to bias the actuation pin (100) downwards to unseat the check ball valve assembly (80) (Andrisani, Column 8, Lines 19-22).
Regarding Claim 17
Andrisani and Roberts teach the valvetrain assembly of claim 10. Andrisani further discloses that the internal housing comprises one or more ports (at arrow of Figure 7A) configured to allow fluid communication between the lower chamber (houses (62)) and the internal chamber of the plunger (62) (Andrisani, Figure 7A).
Regarding Claim 20
Andrisani and Roberts teach the valvetrain assembly of claim 10. Andrisani further discloses that the valve bridge (42) is operatively associated with the first exhaust valve (50) and the second exhaust valve (51) (Andrisani, Figure 4).
Claim(s) 4, 9, 13, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andrisani, US 10,871,086, in view of Roberts et al., US 2021/0340891, and further in view of Cecur, WO 2015/177127 A1.
Regarding Claim 4
Andrisani and Roberts teach the rocker assembly of claim 3. However, Andrisani and Roberts do not explicitly disclose an oil control valve configured to provide a flow of the hydraulic fluid through the first oil channel and through the second oil channel.
Cecur teaches a rocker assembly comprising a first oil channel and a second oil channel (Cecur, Figures 3 and 9), wherein an oil control valve (70) configured to provide a flow of the hydraulic fluid through the first oil channel and through the second oil channel (Cecur, [0006] [0009] and [0042], Figure 3).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to combine the oil control valve of Cecur within the rocker assembly as taught by Andrisani since this would provide the advantage of providing high performance engine braking without creating a high load on valvetrain components (Cecur, [0042]).
Regarding Claim 9
Andrisani and Roberts teach the rocker assembly of claim 1. Andrisani further discloses that the rocker arm (30) further comprises a cam end (with pushrod (54)) opposite to the valve end (with valves (50, 51) (Andrisani, Column 5, Lines 30-35, Figure 4), the cam end configured to engage with a cam lobe of a camshaft (via pushrod (54)) (Andrisani, Column 5, Lines 30-35, Figure 4).
While Andrisani does not disclose that the cam end comprises a roller, Cecur teaches that a cam end of the rocker arm (40, 60) comprises a roller and is configured to engage with a cam lobe of a camshaft (Cecur, [0035] and [0045], Figure 10).
It would have been obvious to one of ordinary skill in the art to substitute the roller taught by Cecur for the pushrod as taught by Andrisani, since an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious (MPEP 2144.06).
Regarding Claim 13
Andrisani and Roberts teach the valvetrain assembly of claim 12. However, Andrisani and Roberts do not explicitly disclose an oil control valve configured to provide a flow of the hydraulic fluid through the first oil channel and through the second oil channel.
Cecur teaches a rocker assembly comprising a first oil channel and a second oil channel (Cecur, Figures 3 and 9), wherein an oil control valve (70) configured to provide a flow of the hydraulic fluid through the first oil channel and through the second oil channel (Cecur, [0006] [0009] and [0042], Figure 3).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to combine the oil control valve of Cecur within the rocker assembly as taught by Andrisani since this would provide the advantage of providing high performance engine braking without creating a high load on valvetrain components (Cecur, [0042]).
Regarding Claim 18
Andrisani and Roberts teach the valvetrain assembly of claim 10. Andrisani further discloses that the first rocker arm (30) further comprises a cam end (with pushrod (54)) opposite to the valve end (with valves (50, 51) (Andrisani, Column 5, Lines 30-35, Figure 4), the cam end configured to engage with a cam lobe of a camshaft (via pushrod (54)) (Andrisani, Column 5, Lines 30-35, Figure 4).
While Andrisani does not disclose that the cam end comprises a roller, Cecur teaches that the cam end of the rocker arm (40, 60) comprises a roller and is configured to engage with a cam lobe of a camshaft (Cecur, [0035] and [0045], Figure 10).
It would have been obvious to one of ordinary skill in the art to substitute the roller taught by Cecur for the pushrod as taught by Andrisani, since an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious (MPEP 2144.06).
Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanwingerden et al., US 2021/0040871, in view of Andrisani, US 10,871,086, and further in view of Roberts et al., US 2021/0340891.
Regarding Claim 10
Vanwingerden discloses a valvetrain assembly (Vanwingerden, [0028]), comprising: a first exhaust valve (250); a second exhaust valve (252) (Vanwingerden, [0030], Figure 1); and a dual exhaust valve rocker arm assembly (226) configured to selectively open the first exhaust valve (250) and the second exhaust valve (252) (Vanwingerden, [0029], Figure 1),
the dual exhaust valve rocker arm assembly (226) comprising:
a first rocker arm (engine brake rocker arm assembly, 260) comprising a valve end (Vanwingerden, [0030]-[0031], Figure 2); and
an engine brake capsule assembly (246) disposed at the valve end (Vanwingerden, Figures 2 and 3), the engine brake capsule assembly (246) comprising a plunger (280) and movable between a retracted position and an extended position (Vanwingerden, [0032], Figure 6).
However, Vanwingerden does not explicitly disclose the structure of the engine brake capsule assembly. Andrisani teaches an engine brake capsule assembly (HLA assembly (46), [the HLA assembly (46) is interpreted as an engine brake capsule assembly, as Andrisani discloses that the rocker arm assembly (30) can operate in a default combustion engine mode with engine braking off and an engine braking mode (Figures 4-8) (Andrisani, Column 6, Lines 60-63, Figures 4-8), and when operating in an engine braking mode, the HLA assembly (46) is utilized to control opening an closure of the first exhaust valve]) disposed at the valve end (Andrisani, Figure 5), the engine brake capsule assembly (46) movable between a retracted position and an extended position (Andrisani, Column 1, Lines 60-62), wherein in the retracted position the engine brake capsule assembly (46) does not engage a valve bridge (42) (Andrisani, Column 8, Figure 6), and in the extended position the engine brake capsule assembly (46) selectively engages the valve bridge (42) to open a first exhaust valve (50) (Andrisani, Column 7, Lines 42-46, Figures 4 and 4A),
the engine brake capsule assembly (46) comprising:
a body comprising a lower chamber (houses (62)) and an upper chamber (houses (120)) (Andrisani, Figure 4A);
a plunger (62) disposed partially within the lower chamber (houses (62)), wherein the plunger (62) comprises an external shoulder disposed on a side of the plunger (62) (Andrisani, Figure 4A);
an actuation pin (100) disposed within the upper chamber (houses (120)) and extending down into an internal housing disposed within the lower chamber (houses (62)), wherein the plunger (62) is disposed around the internal housing and configured to translate with respect to the internal housing (Andrisani, Figure 4A); and
a check ball valve (80) assembly disposed within the plunger (62) configured to selectively enable a hydraulic fluid into an internal chamber of the plunger (62), wherein the check ball valve (80) assembly is further configured to seat against a bottom end of the internal housing (Andrisani, Figure 4A).
It would have been obvious to one of ordinary skill in the art to substitute the engine brake capsule assembly taught by Andrisani for the nondisclosed structure of the engine brake capsule assembly of Vanwingerden, since an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious (MPEP 2144.06).
However, Vanwingerden and Andrisani do not disclose a locking pin configured to extend into the lower chamber and engage with the external shoulder of the plunger, wherein the locking pin is further configured to retract from the external shoulder of the plunger in response to hydraulic pressure acting on the locking pin.
Roberts teaches a locking pin (932) configured to engage with an external shoulder of the plunger (920) (Roberts, [0035], Figure 9), wherein the locking pin (932) is further configured to retract from the external shoulder of the plunger (920) in response to hydraulic pressure acting on the locking pin (932) (Roberts, [0035], Figure 9).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to combine the locking pin as taught by Roberts with the engine brake capsule assembly as taught by Andrisani since this would provide the advantage of providing a failsafe function (Roberts, [0034]-[0035]) of the engine brake capsule assembly.
Regarding Claim 19
Vanwingerden, Andrisani, and Roberts teach the valvetrain assembly of claim 10. Vanwingerden further discloses a second rocker arm (exhaust rocker arm, 240) configured to engage both the first exhaust valve (250) and the second exhaust valve (252) through the valve bridge (242) (Vanwingerden, [0029]-[0030], Figures 1-2).
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 103 have been fully considered and have been found persuasive. The rejections have been withdrawn. However, upon further consideration, Applicant’s amendments to the claims have initiated new ground(s) of rejection made under 35 U.S.C. 103.
Conclusion
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.
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/K.L.S/Examiner, Art Unit 3746 3/13/2026
/DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741