Prosecution Insights
Last updated: August 17, 2026
Application No. 19/434,617

VALVETRAIN SYSTEMS FOR CYLINDER DEACTIVATION WITH RECHARGING AND METHODS THEREOF

Non-Final OA §103
Filed
Dec 29, 2025
Priority
Aug 18, 2023 — provisional 63/520,540 +1 more
Examiner
LARGI, MATTHEW THOMAS
Art Unit
3746
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Emerson Electric Co.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 10m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
535 granted / 695 resolved
+7.0% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
33 currently pending
Career history
729
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
47.8%
+7.8% vs TC avg
§102
23.3%
-16.7% vs TC avg
§112
23.3%
-16.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 695 resolved cases

Office Action

§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 Objections Claims 16-20 are objected to because of the following informalities: In claim 16, line 14 should read in part “when [[an]] a cylinder deactivation”. Appropriate correction is required. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-9 and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zurface et al. (US 2013/0306013) in view of McCarthy Jr et al. (US 2020/0018197). In Reference to Claim 1 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner below) Zurface et al. (Zurf) discloses: A rocker arm assembly of a valvetrain operable in a cylinder deactivation mode (See Zurf, Paragraphs [0010] & [0152]), the rocker arm assembly comprising: a valve portion (A) configured to operatively engage with one or more valves (112) of a cylinder (See Zurf, Paragraphs [0181]-[0186]); a drive cam portion (120) configured to operatively engage with a drive cam (106) associated with a drive cam lift profile, the drive cam portion (120) comprising a switchable lost motion mechanism (134,136,200) configured to selectively absorb motion from the drive cam (106) or transfer motion from the drive cam (106) to the valve portion (A) (See Zurf, Paragraph [0182]); and a recharge cam portion (122) configured to be rotatably coupled to the valve portion (A); wherein when the cylinder deactivation mode is enabled, the switchable lost motion mechanism (134,136,200) is configured to absorb motion from the drive cam (120) to deactivate the cylinder (See Zurf, Paragraph [0182]), and the recharge cam portion (122) is configured to operatively engage with a recharge cam (108) associated with a low valve lift profile and transfer motion from the recharge cam (108) to the valve portion (A). (See Zurf, Paragraphs [0182], [0010]. & [0152]). Zurf discloses the claimed invention except: The recharge cam profile is a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder. McCarthy Jr et al. (McCarthy) discloses a cylinder deactivation system with latching dual cam profile switchable lost motion control. (See McCarthy, Abstract & Paragraphs [0024] & [0028]-[0030]). McCarthy discloses a recharge cam with a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder. (See McCarthy, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device of Zurf may be used for cylinder deactivation profiles (See Zurf, Paragraph [0010]) and that the recharge cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). PNG media_image1.png 456 402 media_image1.png Greyscale In Reference to Claim 2 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: Wherein a transfer of motion from the drive cam (120) to the valve portion (A) causes one or more of the valves to move. (See Zurf, Paragraph [0182]). In Reference to Claim 3 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: Wherein a transfer of motion from the drive cam (120) to the valve portion (A) causes one or more of the valves to move according to the drive lift profile associated with the drive cam (106). (See Zurf, Paragraphs [0130] & [0182]). In Reference to Claim 4 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: Wherein the drive valve lift profile comprises a plurality of drive valve lift displacements over an engine cycle and the recharge lift profile comprises a plurality of recharge valve lift displacements over the engine cycle such that each drive lift displacement is greater than or equal to each corresponding recharge valve lift displacement over the engine cycle. (See Zurf, Paragraph [0182] & See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device of Zurf may be used for cylinder deactivation profiles (See Zurf, Paragraph [0010]) and that the recharge cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). In Reference to Claim 5 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: Wherein when the cylinder deactivation mode is disabled, the switchable lost motion mechanism (134,136,200) transfers motion from the drive cam (120) to the valve portion (A). (See Zurf, Paragraph [0182]). In Reference to Claim 6 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: Wherein when the cylinder deactivation mode is disabled, the recharge cam portion (122) receives motion from the recharge cam (108) corresponding to a base circle valve lift of the recharge cam (108) or the recharge cam portion (122) disengages from the recharge cam (108) for one or more portions of the engine cycle. (See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device of Zurf may be used for cylinder deactivation profiles (See Zurf, Paragraph [0010]) and that the recharge cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). The Examiner notes that at least portions of the recharge cam are a base circle corresponding to non-opening phases. In Reference to Claim 7 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: Wherein the switchable lost motion mechanism (134,136,200) comprises a latch mechanism (200) comprising a latch bore (240) and one or more latch pins (200). (See Zurf, Paragraph [0285]). In Reference to Claim 8 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: Further comprising a lost motion spring (134,136). (See Zurf, Paragraph [0182]). In Reference to Claim 9 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: Wherein the one or more latch pins (200) are hydraulically or electrically actuated to selectively decouple the drive cam portion (120) from rotating with the valve portion (A) about a rocker shaft (118). (See Zurf, Paragraphs [0181]-[0184]). In Reference to Claim 11 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: Wherein the recharge cam portion (122) is rigidly coupled to the valve portion (A) to rotate as an integral unit about a rocker shaft (118). (See Zurf, Figures 15-16). In Reference to Claim 12 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner below) Zurf discloses: A method of operating a valvetrain comprising, when a cylinder deactivation mode of the valvetrain is enabled, absorbing, by a switchable lost motion mechanism (134,136,200) of a rocker arm assembly of the valvetrain, motion received from a drive cam (106) by a drive cam portion (120) of the rocker arm assembly to deactivate a cylinder associated with the valvetrain, the drive cam (106) associated with a drive cam lift profile (See Zurf, Paragraph [0182]); and transferring, by a recharge cam portion (122) of the rocker arm assembly to a valve portion (A) of the rocker arm assembly, motion received from a recharge cam (106) by the recharge cam portion (122) to open one or more valves associated with the cylinder, the recharge cam associated with a low valve lift profile (Zurf, Paragraphs [0182], [0010], &[0152]), wherein the switchable lost motion mechanism is configured to selectively absorb motion from the drive cam or transfer motion from the drive cam to the valve portion (A). Zurf discloses the claimed invention except: The recharge cam profile is a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder. McCarthy Jr et al. (McCarthy) discloses a cylinder deactivation system with latching dual cam profile switchable lost motion control. (See McCarthy, Abstract & Paragraphs [0024] & [0028]-[0030]). McCarthy discloses a recharge cam with a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder. (See McCarthy, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device of Zurf may be used for cylinder deactivation profiles (See Zurf, Paragraph [0010]) and that the recharge cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). PNG media_image1.png 456 402 media_image1.png Greyscale In Reference to Claim 13 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: further comprising, when the cylinder deactivation mode is disabled, transferring, by the switchable lost motion mechanism (134,136,200), motion from the drive cam (106) to the valve portion (A) of the rocker arm assembly. (See Zurf, Paragraphs [0130] & [0182]). In Reference to Claim 14 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: further wherein the drive valve lift profile comprises a plurality of drive valve lift displacements over an engine cycle and the recharge valve lift profile comprises a plurality of recharge valve lift displacements over the engine cycle such that each drive valve lift displacement is greater than or equal to each corresponding recharge valve lift displacement over the engine cycle. (See Zurf, Paragraph [0182] & See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device of Zurf may be used for cylinder deactivation profiles (See Zurf, Paragraph [0010]) and that the recharge cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). In Reference to Claim 15 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: further comprising, when the cylinder deactivation mode is disabled, receiving, by the recharge cam portion, motion from the recharge cam corresponding to a base circle valve lift of the recharge cam; or disengaging the recharge cam portion from the recharge cam for one or more portions of the engine cycle. (See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device of Zurf may be used for cylinder deactivation profiles (See Zurf, Paragraph [0010]) and that the recharge cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). The Examiner notes that at least portions of the recharge cam are a base circle corresponding to non-opening phases. In Reference to Claim 16 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner below) Zurf discloses: A valvetrain system comprising: a cylinder configured to be selectively deactivated (See Zurf, Paragraph [0010]); one or more valves (112) associated with the cylinder (See Zurf, Paragraph [0127]); a drive cam (106) and a recharge cam (108) associated with the one or more valves (112); a rocker shaft (118); a rocker arm assembly (120,122) configured to be rotatable about the rocker shaft (118), the rocker arm assembly comprising: a valve portion (A) configured to operatively engage with the one or more valves (112); a drive cam portion (120) configured to operatively engage with a drive cam (106) associated with a drive cam lift profile, the drive cam portion (120) comprising a switchable lost motion mechanism (134,136,200) configured to selectively absorb motion from the drive cam (106) or transfer motion from the drive cam (106) to the valve portion (A) (See Zurf, Paragraph [0182]); and a recharge cam portion (122) configured to be rotatably coupled to the valve portion (A); wherein when an cylinder deactivation mode is enabled, the switchable lost motion mechanism (134,136,200) is configured to absorb motion from the drive cam (120) to deactivate the cylinder (See Zurf, Paragraph [0182]), and the recharge cam portion (122) is configured to operatively engage with a recharge cam (108) associated with a low valve lift profile and transfer motion from the recharge cam (108) to the valve portion (A). (See Zurf, Paragraphs [0182], [0010]. & [0152]). Zurf discloses the claimed invention except: The recharge cam profile is a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder. McCarthy Jr et al. (McCarthy) discloses a cylinder deactivation system with latching dual cam profile switchable lost motion control. (See McCarthy, Abstract & Paragraphs [0024] & [0028]-[0030]). McCarthy discloses a recharge cam with a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder. (See McCarthy, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device of Zurf may be used for cylinder deactivation profiles (See Zurf, Paragraph [0010]) and that the recharge cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). PNG media_image1.png 456 402 media_image1.png Greyscale - In Reference to Claim 17 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: wherein the drive valve lift profile comprises a plurality of drive valve lift displacements over an engine cycle and the recharge valve lift profile comprises a plurality of recharge valve lift displacements over the engine cycle such that each drive valve lift displacement is greater than or equal to each corresponding recharge valve lift displacement over the engine cycle. (See Zurf, Paragraph [0182] & See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device of Zurf may be used for cylinder deactivation profiles (See Zurf, Paragraph [0010]) and that the recharge cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). In Reference to Claim 18 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: wherein when the cylinder deactivation mode is disabled, the switchable lost motion mechanism transfers motion from the drive cam to the valve portion. (See Zurf, Paragraph [0182]). In Reference to Claim 19 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: wherein when the cylinder deactivation mode is disabled, the recharge cam portion receives motion from the recharge cam corresponding to a base circle valve lift of the recharge cam or the recharge cam portion disengages from the recharge cam for one or more portions of the engine cycle. See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device of Zurf may be used for cylinder deactivation profiles (See Zurf, Paragraph [0010]) and that the recharge cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). The Examiner notes that at least portions of the recharge cam are a base circle corresponding to non-opening phases. In Reference to Claim 20 (See Zurface, Figures 1-9 and 11-28 & Figure 10 as annotated by Examiner above) The Zurf-McCarthy combination discloses: Wherein the switchable lost motion mechanism (134,136,200) comprises a latch mechanism (200) comprising a latch bore (240) and one or more latch pins (200), the valvetrain system further comprising a lost motion spring (134,136). (See Zurf, Paragraph [0285]). Claim(s) 1-9 and 11-20 nois/are rejected under 35 U.S.C. 103 as being unpatentable over Hirano et al. (JP 2001329817) in view of McCarthy Jr et al. (US 2020/0018197). In Reference to Claim 1 (See Hirano, Figures 1-15) Hirano et al. (Hira) discloses: A rocker arm assembly of a valvetrain operable in a cylinder deactivation mode (See Hira, Abstract and Paragraph [0001]), the rocker arm assembly comprising: a valve portion (13,15) configured to operatively engage with one or more valves (6) of a cylinder (See Hira, Paragraph [0014]); a drive cam portion (2) configured to operatively engage with a drive cam (9) associated with a drive cam lift profile (See Hira, Paragraph [0013]), the drive cam portion (2) comprising a switchable lost motion mechanism (34,27) configured to selectively absorb motion from the drive cam (9) or transfer motion from the drive cam (9) to the valve portion (13,15) (See Hira, Paragraphs [0017] & [0020]); and a recharge cam portion (1) configured to be rotatably coupled to the valve portion (13,15); wherein when the cylinder deactivation mode is enabled, the switchable lost motion mechanism (34,27) is configured to absorb motion from the drive cam (9) (See Hira, Paragraphs [0017]-[0020), and the recharge cam portion (1) is configured to operatively engage with a recharge cam (8) associated with a low speed lift profile and transfer motion from the recharge cam (8) to the valve portion (13,15). (See Hira, Paragraphs [0014]). Hira discloses the claimed invention except: The low speed lift profile is a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder and the high speed lift profile is a drive profile. McCarthy Jr et al. (McCarthy) discloses a cylinder deactivation system with latching dual cam profile switchable lost motion control. (See McCarthy, Abstract & Paragraphs [0024] & [0028]-[0030]). McCarthy discloses a recharge cam with a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder, a drive cam profile, and switching between the two for deactivation of a cylinder. (See McCarthy, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device may be used for cylinder deactivation profiles to decrease fuel consumption of the engine and that the recharge cam profile and drive cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). In Reference to Claim 2 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein a transfer of motion from the drive cam (9) to the valve portion (13,15) causes one or more of the valves to move. (See Hira, Paragraph [0014]). In Reference to Claim 3 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein a transfer of motion from the drive cam (9) to the valve portion (13,15) causes one or more of the valves to move according to the drive lift profile associated with the drive cam (9). (See Hira, Paragraph [0014] & See McCarthy, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device may be used for cylinder deactivation profiles to decrease fuel consumption of the engine and that the recharge cam profile and drive cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). In Reference to Claim 4 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein the drive valve lift profile comprises a plurality of drive valve lift displacements over an engine cycle and the recharge lift profile comprises a plurality of recharge valve lift displacements over the engine cycle such that each drive lift displacement is greater than or equal to each corresponding recharge valve lift displacement over the engine cycle. (See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device may be used for cylinder deactivation profiles to decrease fuel consumption of the engine and that the recharge cam profile and drive cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). In Reference to Claim 5 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein when the cylinder deactivation mode is disabled, the switchable lost motion mechanism (34,27) transfers motion from the drive cam (9) to the valve portion (13,15). (See Hira, Paragraph [0022]). In Reference to Claim 6 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein when the cylinder deactivation mode is disabled, the recharge cam portion (1) receives motion from the recharge cam (8) corresponding to a base circle valve lift of the recharge cam (8) or the recharge cam portion (1) disengages from the recharge cam (8) for one or more portions of the engine cycle. (See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device may be used for cylinder deactivation profiles to decrease fuel consumption of the engine and that the recharge cam profile and drive cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). The Examiner notes that at least portions of the recharge cam are a base circle corresponding to non-opening phases. In Reference to Claim 7 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein the switchable lost motion mechanism (34,27) comprises a latch mechanism (34) comprising a latch bore (32) and one or more latch pins (34). (See Hira, Paragraph [0022]). In Reference to Claim 8 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Further comprising a lost motion spring (27). (See Hira, Paragraph [0017]). In Reference to Claim 9 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein the one or more latch pins (34) are hydraulically or electrically actuated to selectively decouple the drive cam portion (2) from rotating with the valve portion (13,15) about a rocker shaft (5). (See Hira, Paragraphs [0017]-[0019]). In Reference to Claim 11 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein the recharge cam portion (1) is rigidly coupled to the valve portion (13,15) to rotate as an integral unit about a rocker shaft (5). (See Hira, Figure 1). In Reference to Claim 12 (See Hirano, Figures 1-15) Hira discloses: A method of operating a valvetrain comprising, when a cylinder deactivation mode of the valvetrain is enabled, absorbing, by a switchable lost motion mechanism (34,27) of a rocker arm assembly of the valvetrain, motion received from a drive cam (9) by a drive cam portion (2) of the rocker arm assembly to deactivate a cylinder associated with the valvetrain, the drive cam (9) associated with a drive cam lift profile (See Hira, Paragraphs [0013], [0017] & [0020]); and transferring, by a recharge cam portion (1) of the rocker arm assembly to a valve portion (13,15) of the rocker arm assembly, motion received from a recharge cam (8) by the recharge cam portion (1) to open one or more valves associated with the cylinder, the recharge cam associated with a low speed lift profile (See Hira, Paragraphs [0014]), wherein the switchable lost motion mechanism (34,27) is configured to selectively absorb motion from the drive cam (9) or transfer motion from the drive cam (9) to the valve portion (13,15). (See Hira, Paragraph [0010]) Hira discloses the claimed invention except: The low speed lift profile is a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder and the high speed lift profile is a drive profile. McCarthy Jr et al. (McCarthy) discloses a cylinder deactivation system with latching dual cam profile switchable lost motion control. (See McCarthy, Abstract & Paragraphs [0024] & [0028]-[0030]). McCarthy discloses a recharge cam with a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder, a drive cam profile, and switching between the two for deactivation of a cylinder. (See McCarthy, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device may be used for cylinder deactivation profiles to decrease fuel consumption of the engine and that the recharge cam profile and drive cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). In Reference to Claim 13 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: further comprising, when the cylinder deactivation mode is disabled, transferring, by the switchable lost motion mechanism (34,27), motion from the drive cam (9) to the valve portion (13,15) of the rocker arm assembly. (See Hira, Paragraph [0014]). In Reference to Claim 14 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein the drive valve lift profile comprises a plurality of drive valve lift displacements over an engine cycle and the recharge lift profile comprises a plurality of recharge valve lift displacements over the engine cycle such that each drive lift displacement is greater than or equal to each corresponding recharge valve lift displacement over the engine cycle. (See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device may be used for cylinder deactivation profiles to decrease fuel consumption of the engine and that the recharge cam profile and drive cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). In Reference to Claim 15 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Further comprising, when the cylinder deactivation mode is disabled, receiving, by the recharge cam portion (1) motion from the recharge cam (8) corresponding to a base circle valve lift or disengaging the recharge cam the recharge cam portion (1) from the recharge cam (8) for one or more portions of the engine cycle. (See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device may be used for cylinder deactivation profiles to decrease fuel consumption of the engine and that the recharge cam profile and drive cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). The Examiner notes that at least portions of the recharge cam are a base circle corresponding to non-opening phases. In Reference to Claim 16 (See Hirano, Figures 1-15) Hira discloses: A valvetrain system comprising: a cylinder configured to be selectively deactivated from a cam profile (See Hira, Paragraph [0010]); one or more valves (6) associated with the cylinder (See Hira, Paragraph [0013]); a drive cam (9) and a recharge cam (8) associated with the one or more valves (6); a rocker shaft (5); a rocker arm assembly (1,2) configured to be rotatable about the rocker shaft (5), the rocker arm assembly comprising: a valve portion (13,15) configured to operatively engage with the one or more valves (6); a drive cam portion (2) configured to operatively engage with a drive cam (9) associated with a drive cam lift profile, the drive cam portion (2) comprising a switchable lost motion mechanism (34,27) configured to selectively absorb motion from the drive cam (9) or transfer motion from the drive cam (9) to the valve portion (13,15) (See Hira, Paragraphs [0010], [0017 & [0020]); and a recharge cam portion (1) configured to be rotatably coupled to the valve portion (13,15); wherein when an cylinder deactivation mode is enabled, the switchable lost motion mechanism (34,27) is configured to absorb motion from the drive cam (9) to deactivate the cylinder (See Hira, Paragraphs [0017] & [0020]), and the recharge cam portion (1) is configured to operatively engage with a recharge cam (8) associated with a low speed lift profile and transfer motion from the recharge cam (8) to the valve portion (13,15). (See Hira, Paragraphs [0014]). Hira discloses the claimed invention except: The low speed lift profile is a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder and the high speed lift profile is a drive profile. McCarthy Jr et al. (McCarthy) discloses a cylinder deactivation system with latching dual cam profile switchable lost motion control. (See McCarthy, Abstract & Paragraphs [0024] & [0028]-[0030]). McCarthy discloses a recharge cam with a recharge cam profile which transfers motion to the valve portion to permit balancing pressure within the deactivated cylinder, a drive cam profile, and switching between the two for deactivation of a cylinder. (See McCarthy, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device may be used for cylinder deactivation profiles to decrease fuel consumption of the engine and that the recharge cam profile and drive cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). In Reference to Claim 17 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein the drive valve lift profile comprises a plurality of drive valve lift displacements over an engine cycle and the recharge lift profile comprises a plurality of recharge valve lift displacements over the engine cycle such that each drive lift displacement is greater than or equal to each corresponding recharge valve lift displacement over the engine cycle. (See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device may be used for cylinder deactivation profiles to decrease fuel consumption of the engine and that the recharge cam profile and drive cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). In Reference to Claim 18 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: wherein when the cylinder deactivation mode is disabled, the switchable lost motion mechanism (34,27) transfers motion from the drive cam (9) to the valve portion (13,15). (See Hira, Paragraph [0022]). In Reference to Claim 19 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein when the cylinder deactivation mode is disabled, the recharge cam portion (1) receives motion from the recharge cam (8) corresponding to a base circle valve lift of the recharge cam (8) or the recharge cam portion (1) disengages from the recharge cam (8) for one or more portions of the engine cycle. (See McCarthy, Figures 9A-9D, Paragraphs [0050]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the control and cylinder deactivation recharge cam profile as the low lift profile as both references are directed towards cylinder deactivation system with latching dual cam profile switchable lost motion control. One of ordinary skill in the art would have recognized that the switchable lost motion device may be used for cylinder deactivation profiles to decrease fuel consumption of the engine and that the recharge cam profile and drive cam profile and control of McCarthy would have prevented oil contamination from a vacuum condition caused during cylinder deactivation events increasing the lifespan of the engine while maintaining the reduced fuel consumption. (See McCarthy, Paragraphs [0002]-[0003], [0024], & [0050]). The Examiner notes that at least portions of the recharge cam are a base circle corresponding to non-opening phases. In Reference to Claim 20 (See Hirano, Figures 1-15) The Hira-McCarthy combination discloses: Wherein the switchable lost motion mechanism (34,27) comprises a latch mechanism (34) comprising a latch bore (32) and one or more latch pins (34), the valvetrain system further comprising a lost motion spring (27). (See Hira, Paragraph [0022]). Allowable Subject Matter Claim 10 is 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: The prior art fails to teach or fairly suggest “wherein the drive cam portion comprises a drive roller configured to receive the drive valve lift profile and the recharge cam portion comprises a recharge roller configured to receive the recharge valve lift profile, wherein the latch bore of the latch mechanism is at least partially disposed in the drive roller.”. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pham, Persson, Baltrucki, Schnell, and Cisar show variable valve control devices in the general state of the art of invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F. 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, Essama Omgba can be reached at (469) 295-9278. 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. /MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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Prosecution Timeline

Dec 29, 2025
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §103 (current)

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1-2
Expected OA Rounds
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Grant Probability
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2y 6m (~1y 10m remaining)
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