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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/18/2026 has been entered.
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) 1-2, 6-8, 10-11, 15, 17, and 20-21 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 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 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), wherein 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).
Regarding Claim 21
Andrisani and Roberts teach the rocker assembly of claim 1. Roberts further teaches that engagement of the locking pin (932) with the external shoulder of the plunger (920) inhibits vertical translation of the plunger (920) and locks the plunger (920) in relation to the lower chamber (Roberts, [0035], Figure 9).
Claim(s) 9 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 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 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).
Allowable Subject Matter
Claims 3-5, 12-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In the rocker assembly of claim 3, the inclusion of:
“a second oil channel configured to provide fluid communication between the central bore and a space adjacent to the locking pin, wherein the space is defined at least in part by the plunger, wherein pressurized fluid from the second oil channel is configured to act upon the locking pin” was not found.
The closest prior art is the combination of Andrisani (US 10,871,086) and Roberts et al. (US 2021/0340891). Andrisani teaches a second oil channel (240) to provide fluid communication between the central bore (receives rocker shaft (34)) and a space (Andrisani, Figure 3A). However, Andrisani and Roberts do not teach that the space is defined at least in part by the plunger, wherein pressurized fluid from the second oil channel is configured to act upon the locking pin.
In the valvetrain assembly of claim 12, the inclusion of:
“a second oil channel configured to provide fluid communication between the central bore and a space adjacent to the locking pin, wherein the space is defined at least in part by the plunger, wherein pressurized fluid from the second oil channel is configured to act upon the locking pin” was not found.
The closest prior art is the combination of Andrisani (US 10,871,086) and Roberts et al. (US 2021/0340891). Andrisani teaches a second oil channel (240) to provide fluid communication between the central bore (receives rocker shaft (34)) and a space (Andrisani, Figure 3A). However, Andrisani and Roberts do not teach that the space is defined at least in part by the plunger, wherein pressurized fluid from the second oil channel is configured to act upon the locking pin.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) under 35 U.S.C. 103 have been fully considered.
Regarding claim 1, the Applicant argues that one of ordinary skill in the art would not be motivated to combine the secondary locking piston of Roberts with the HLA assembly of Andrisani. The Examiner is unconvinced.
The Applicant argues that as Andrisani is already vertically bound on the upper and lower ends, including a locking subsystem as a failsafe mechanism to prevent further vertical movement of the plunger would be redundant. The Examiner agrees that while Andrisani is vertically bound at upper and lower ends, the plunger (60, 62) moves in the vertical direction (Figures 6 and 7). Therefore, providing a locking subsystem to prevent movement of the plunger would not be redundant or destroy the principle of operation of the HLA assembly of Andrisani.
The Applicant argues that as Andrisani teaches an accumulator assembly (48) that “slidably translates within a piston housing”, including the locking piston (932) of Roberts would be redundant and/or destroy the principle of operation of the accumulator assembly (48) of Andrisani as a failsafe mechanism. The Examiner agrees that the accumulator assembly (48) of Andrisani does translate within the piston housing in response to hydraulic pressure acting on the piston (210) of the accumulator assembly (48) which is similar to the locking piston (932) of Roberts, however, this would not result in redundancy. The accumulator assembly (48) of Andrisani and the locking piston (932) of Roberts perform separate functions, and inclusion of a locking piston would not make the accumulator assembly redundant. The Examiner further argues that inclusion of a locking piston would not destroy the principle of operation of the accumulator assembly (48) of Andrisani as the accumulator assembly and locking piston can be separately controlled. The claims could clarify that the second oil channel is provided with oil from the same source as the oil provided to the first and third oil channels.
Regarding Claim 10, the Applicant argues that claim 10 is patentable for the same or similar reasons as respect to claim 1. The Examiner is unconvinced. See above.
Applicant’s arguments, with respect to the rejection(s) of claim(s) 3, 5, 12, and 14 under 35 U.S.C. 103 have been fully considered and are persuasive. The rejection of claims 3, 5, 12, and 14 has been removed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY L STANEK whose telephone number is (571)272-3565. The examiner can normally be reached Mon - Fri 8:30am-3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DEVON KRAMER can be reached at (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.L.S/Examiner, Art Unit 3741 /DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741
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