Prosecution Insights
Last updated: July 17, 2026
Application No. 19/198,617

Systems and Methods for Timing of Valve Lift Events

Non-Final OA §102§103
Filed
May 05, 2025
Priority
Nov 15, 2022 — provisional 63/383,892 +1 more
Examiner
DALLO, JOSEPH J
Art Unit
Tech Center
Assignee
Emerson Electric Co.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
749 granted / 835 resolved
+29.7% vs TC avg
Moderate +7% lift
Without
With
+7.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
23 currently pending
Career history
852
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
52.5%
+12.5% vs TC avg
§102
43.3%
+3.3% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 835 resolved cases

Office Action

§102 §103
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 § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1, 7, 8, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al WO 2022/228732. Regarding claim 1, Wang et al discloses a method for timing valve lift events of a rocker arm assembly 20 of an internal combustion engine (see FIG. 2 and paragraph [0022]), the rocker arm assembly comprising an exhaust rocker arm 46 and an engine brake rocker arm 48 (see FIG. 2 and paragraph [0022]) and configured to selectively actuate one or more of a first exhaust valve 28 or a second exhaust valve 26 (see paragraphs [0041] and [0042]), the method comprising: enabling actuation of the first exhaust valve and the second exhaust valve by the exhaust rocker arm (see paragraph [0039]); actuating the exhaust rocker arm based on an exhaust lift profile (see paragraph [0040]); enabling actuation of the second exhaust valve by the engine brake rocker arm independent of actuation of the first exhaust valve (see paragraph [0041]); and actuating the engine brake rocker arm based on an engine brake lift profile (see paragraph [0041]), wherein the exhaust lift profile and the engine brake lift profile have a first cross point and a second cross point, and wherein an angle defined between a tangent to the exhaust lift profile and a tangent to the engine brake lift profile is minimized at the first cross point and the second cross point so as to respectively minimize a velocity difference between the first exhaust valve and the second exhaust valve at each of the first cross point and the second cross point. See FIG. 6 (226, 228) and paragraphs [0030]-[0043]. Regarding claim 7, Wang et al discloses, wherein, at the first cross point or the second cross point, the engine brake lift profile is configured to deliver valve lift in a same direction as the exhaust lift profile. See FIG. 6 and paragraphs [0041] and [0042]. Regarding claim 8, Wang et al discloses, wherein, at the first cross point or the second cross point, the engine brake lift profile is configured to deliver valve lift at a similar velocity as the exhaust lift profile. See FIG. 6 and paragraphs [0041] and [0042]. Regarding claim 13, Wang et al discloses, wherein the rocker arm assembly further comprises an intake rocker arm configured to activate at least two intake valves, the method further comprising: enabling actuation of the at least two intake valves by the intake rocker arm based on an intake lift profile. See FIG. 1 and 6. 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. Claims 2-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al, as applied above, in view of Edke et al US 2022/0307389. Regarding claim 2, Wang et al fails to explicitly disclose, but Edke et al discloses, wherein the engine brake lift profile comprises a first engine brake lift sub-profile, a second engine brake lift sub-profile, a third engine brake lift sub-profile, and a fourth engine brake lift sub-profile. See paragraph [0013]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to include the teachings of Edke et al in the system of Wang et al to more accurately control lift to optimize performance for safety reasons. Regarding claim 3, Wang et al fails to explicitly disclose, but Edke et al discloses, wherein the exhaust lift profile is subsequent to the second engine brake lift sub-profile and overlaps with the third engine brake lift sub-profile at the first cross point and with the fourth engine brake lift sub-profile at the second cross point, wherein the exhaust lift profile is tangent with the third engine brake lift sub-profile at the first cross point and is tangent with the fourth engine brake lift sub-profile at the second cross point. See FIG. 1A-4B and paragraphs [0022]-[0042]. Regarding claim 4, Wang et al fails to explicitly disclose, but Edke et al discloses, wherein, when the actuation of the first exhaust valve and the second exhaust valve by the exhaust rocker arm is enabled and the actuation of the second exhaust valve by the engine brake rocker arm is enabled, the actuation of the first exhaust valve is based on the exhaust lift profile, and the actuation of the second exhaust valve is based on the first engine brake lift sub-profile, the second engine brake lift sub-profile, and the exhaust lift profile. See FIG. 3F-3H and paragraphs [0013] and [0031]. Regarding claim 5, Wang et al fails to explicitly disclose, but Edke et al discloses, wherein, when the actuation of the first exhaust valve and the second exhaust valve by the exhaust rocker arm is enabled and the actuation of the second exhaust valve by the engine brake rocker arm is enabled, one cylinder pressure peak is generated in a four- stroke cycle of the internal combustion engine. See paragraph [0033]. Regarding claim 6, Wang et al fails to explicitly disclose, but Edke et al discloses, wherein the second engine brake lift sub-profile is configured to release cylinder pressure such that the one cylinder pressure peak is generated in a compression stroke of the four-stroke cycle of the internal combustion engine. See paragraph [0033]. Regarding claim 9, Wang et al fails to explicitly disclose, but Edke et al discloses, further comprising: disabling actuation of the first exhaust valve and the second exhaust valve by the exhaust rocker arm. See FIG. 4B and corresponding text. Allowable Subject Matter Claims 10-12 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. Claims 14-20 are allowed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J DALLO whose telephone number is (313)446-4844. The examiner can normally be reached 7am-7pm ET M-Th. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached at 571-270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH J DALLO/Primary Examiner, Art Unit 3747
Read full office action

Prosecution Timeline

May 05, 2025
Application Filed
Jun 10, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
97%
With Interview (+7.1%)
2y 1m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 835 resolved cases by this examiner. Grant probability derived from career allowance rate.

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