ETAILED 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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejections.
Applicants’ argument that the added limitation to claim 1 “for an internal combustion engine” is not persuasive since the claims are limited to just a piston ring. Furthermore intended use limitation are given little or no patentable weight in an apparatus claim since the ring assembly of Scharrer is capable of being used in any piston and piston for a combustion engine. This also applies to claim 9. Also see intended use of piston rings in combustion engine or hydraulic cylinder, GB2206669.
In response to applicant's argument that for an internal combustion engine, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. This also applies to claim 9.
Applicants’ argument with regarding material in Scharrer is not persuasive since no limiting material are claim 1.
Applicants’ argument with regard to an internal combustion engine in claim 10 is not persuasive since valves or hydraulic pistons are in an internal combustion engine. If applicant want to limit the claims to piston and cylinder that are in engine that are combustion applicant can do so. Even then claims would not be allowable.
Furthermore it is noted that sectional rings are used in combustion engine as stated in Johnston 2376148. One skilled in the art can replace the piston ring assembly of Johnston by ring assembly of Scharrer when an if claims are directed to a piston and cylinder that are used in the combustion engine. The reference of Stouffer 1369203 teaches to have piston rings be used in internal combustion engine, air pumps, ammonia pumps, steam engines and the like. The reference of Murray also teaches piston ring assembly having plural ring elements for an internal combustion engine. The reference FR2561713A1 also teaches piston ring assembly formed by plural rings that can be used in combustion engine or hydraulic or pneumatic cylinders and compressors.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 5-7, 9-13 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over FR732430 in view of Chalk et al (US 20140090554) and further in view of Scharrer (US10520086).
FR ‘430 teaches an internal combustion engine (e.g. title) comprising at least one piston, the at least one piston comprising a piston body (e.g. the piston body not shown but in a combustion or any engine as stated in the title) having at least one circumferential groove (e.g. groove in the piston), at least one piston ring assembly arranged in the at least one circummeridian groove, at least one piston ring assembly arranged in the at least one circumferential groove, wherein the at least one piston ring assembly comprises a first annular ring element (e.g. 1) and a second annular ring element (e.g. 2), wherein the first annular ring element is on the second annular ring element and is in contact with the second annular ring element (e.g. figures), wherein the first annular ring element has a first radial outer face (e.g. 1st OF) with a first outer radius (e.g. radius of the 1st OF) and the second annular ring element has a second radial outer face (e.g. 2nd OF) with a second outer radius (e.g. radius of the 2nd OF), wherein the first annular ring element includes the first radial outer face (e.g. the 1st OF), a first radial inner face (e.g. 1st IF), a first axial lower face (e.g. 1st LF) and a first axial upper face (e.g. 1st UF), wherein the first annular ring element includes a third radial outer face (e.g. 3rd OF) and a third axial lower face (e.g. 3rd LF), the third radial outer face being in contact with the second radial inner face (e.g. 2nd IF), and the third axial lower face being as a same level as the second axial lower face (e.g. see figure 4), the third radial outer face is arranged at a right angle (e.g. right angle of the 3rd OF relative to 3rd LF) with respect to the third axial lower face, the third axial lower face is disposed axially between the second axial upper face and the second axial lower face (e.g. see figure 4), the first annular ring element and/or the second annular ring element is composed of ferrous material (e.g. see cross-section or entire document), wherein the second annular ring element has the second radial outer face (e.g. 2nd OF), a second radial inner face (e.g. 2nd IF), a second axial lower face (e.g. 2nd LF), and a second axial upper face (e.g. 2nd UF), wherein the second axial upper face is in contact with the first annular ring element, wherein the second radial outer face is arranged at a right angle (e.g. angle of the 2nd OF) with respect to the second axial lower face, wherein the second radial inner face is arranged at a right angle (e.g. angle of the 2nd IF) with respect to the second axial lower face, wherein the second radial inner face is arranged at a right angle (e.g. angle of the 2nd IF) with respect to the second axial lower face, a planar surface extending from the second radial outer face to the second radial inner face (e.g. see planar surface of the 2nd IF), the first annular ring element and the second annular ring are the only ring elements of the piston ring assembly (see figures) and the second axial upper face defines a planar surface extending from the second radial outer face to the second radial inner face (e.g. single planar face of 2nd UF between the radial outer face and the second radial inner face).
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FR ‘430 discloses the invention as claimed above but fails to disclose the second outer radius is greater than the first outer radius. Chalk (e.g. figures 6A-6B) teaches piston ring assembly having a 1st ring with a 1st radius to an outer surface (e.g. outer radius of 214) and a 2nd ring below the 1st ring with a 2nd radius which is greater (e.g. outer radius of 230). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the second outer radius of FR ‘430 to be larger than the first outer radius as taught by Chalk with reasonable expectation of success which avoids the formation of a gap between the rings (e.g. paragraph 0016).
FR ‘430 discloses the invention as claimed above but fails to disclose the second axial upper face slopes relative to the first radial outer face at an angle of less than 90 degrees, slopes relative to the second radial inner face at an angle of greater than 90 degrees and defines a planar surface extending from the second radial outer face to the second radial inner face. Scharrer disclose (e.g. figure 14-15) below in paragraph 0011 that the 2nd axial upper face of the second ring element with an angle relative to both the second radial outer face and the second radial inner face (e.g. see acute and obtuse angle defined in paragraph 0011 and also underlined), the 1st axial upper face of the first ring element with an angle relative to both the first radial outer face and the first radial inner face and the 2nd axial upper face having an angle relative to the third radial outer face and the third radial inner face (see acute and obtuse angles in paragraph 0011 and also underlined). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine have the 2nd axial upper face and the 1st axial lower face of FR ‘430 to be sloped as taught by Scharrer, with reasonable expectation of success to change shape based on use condition (e.g. see Scharrer “FIGS. 14-25 illustrate varying sizes and shapes of piston seal assemblies having a JZ-cut anti-extrusion ring. Depending on the application and conditions for use, a seal could have two to five or more pieces and numerous configurations”).
Regarding claim 21: FR ‘430 discloses the invention as claimed above but fails to disclose the third axial lower face is planar surface that is not coplanar with the second axial lower face. Scharrer teaches in many figures that a first ring having a lower face that is not coplanar to another ring having a lower face (e.g. figure 4B lower face of 34 relative to lower face of 40 and Figure 14-15, lower face of 34 relative to lower face of ring on top of 34). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the third lower face of FR ‘430 to be not coplanar as taught by Scharrer, with reasonable expectation of success to change shape based on use condition (e.g. see Scharrer “FIGS. 14-25 illustrate varying sizes and shapes of piston seal assemblies having a JZ-cut anti-extrusion ring. Depending on the application and conditions for use, a seal could have two to five or more pieces and numerous configurations”).
Claim(s) 24-30 are rejected under 35 U.S.C. 103 as being unpatentable over FR ‘430, Chalk and Scharrer as applied to claims above, and further in view of FR 2561713.
FR ‘430 discloses that the 1st and 2nd annular ring elements are made of ferrous material but fails to teach that the rings are made of steel with 10 to 17% chromium or carbon steel or cast iron or nitrided cast iron. FR ‘713 teaches to have rings made of carbon steel or cast iron or chrome steel or etc and each ring made of different materials (“Preferably, the main annular element and the secondary annular element or elements are made of the same hard material, for example steel cast iron or chrome steel, but can alternatively be made of different metallic materials”, see translation of FR ‘713). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to make the 1st and 2nd annular ring elements of FR ‘430 to be made of material taught FR ‘713 with reasonable expectation of success to provide sufficient strength of 1st and 2nd annular ring elements (e.g. inherent strength based on material).
Regarding claim 25: As stated above the rings are made of metallic material and can have sufficient strength and the rings are made of different materials (e.g. rings with some value of tangential force). FR ‘430 and FR ‘713 Ref A discloses the claimed invention except the tangential force of 5 to 25 newtons. Discovering an optimum range of a result effective variable involves only routine skill in the art. In re Kulling, 895 F.2d 1147, 14 USPQ 2d 1056. Without the showing of some unexpected result. Since applicant has not shown some unexpected result the inclusion of this limitation is considered to be a matter of choice in design. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the rings have 5 to 25 newtons of tangential force with reasonable expectation of success as a matter of design choice.
Regarding claim 26: Since the reference of FR ‘713 teaches different material, one ring would be of higher tangential force and the other ring would be of lower tangential force. This teaching is applied to the material of FR ‘430.
Regarding claim 27 and 30: FR ‘430 discloses the invention as claimed above but fails to disclose that the first annular ring element and/or the second annular ring element having a coating. FR ‘713 teaches to have coating on annular ring elements (“The external peripheral surfaces of the annular elements constituting the segment according to the invention can also comprise a coating which increases the resistance to wear.”). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the surfaces of the first annular ring element and/or the surfaces of the second annular ring element to have coating as taught by FR ‘713 with reasonable expectation of success of reducing wear (“The external peripheral surfaces of the annular elements constituting the segment according to the invention can also comprise a coating which increases the resistance to wear.”, see FR ‘713)
Claim(s) 1, 5-7, 9-13 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Scharrer (US10520086) in view of Chalk et al (US 20140090554).
Scharrer (e.g. see figure below) discloses a piston ring assembly (e.g. figures) comprising a first annular ring element (e.g. 1st ring, figure below), a second annular ring element (e.g. e.g. 2nd ring, figure below), wherein the first annular ring element is on the second annular ring element and is in contact with the second annular ring element (e.g. figure 14 shows this), wherein the first annular ring element has a first radial outer face (e.g. 1st ROF, figure below) with a first outer radius (e.g. outer radius of the 1st ROF) and the second annular ring element has a second radial outer face (e.g. 2nd ROF) with a second outer radius (e.g. radius of the second radial outer face), wherein the second annular ring element has the second radial outer face, a second radial inner face (e.g. 2nd RIF), a second axial lower face (e.g. 2nd ALF), and a second axial upper face (e.g. 2nd AUF), the second axial upper face is in contact with the first annular ring element (e.g. see figure 14), wherein the second radial outer face is arranged at a right angle with respect to the second axial lower face (e.g. angle between 2nd ROF and 2nd ALF), the second radial inner face (e.g. 2nd RIF) is arranged at a right angle with respect to the second axial lower face (e.g. angle between 2nd RIF and 2nd ALF), the second axial upper face slopes relative to the second radial outer face at an angle of less than 90° (e.g. acute angle between 2nd AUF and 2nd ROF) and slopes relative to the second radial inner face at an angle of greater than 90° (e.g. obtuse angle between 2nd AUF and 2nd RIF), and defines a planar surface (e.g. planar surface that extends from 2nd RIF to 2nd ROF) extending from the second radial outer face to the second radial inner face (e.g. see figure 14). Regarding claim 5, wherein the first annular ring element includes the first radial outer face (e.g. 1st ROF), a first radial inner face (e.g. 1st RIF), a first axial lower face (e.g. 1st ALF) and a first axial upper face (e.g. 1st AUF), and the first axial lower face is in contact with the second annular ring element (e.g. see figure 14). Regarding claim 6, wherein the first annular ring element includes a third radial outer face (e.g. 3rd ROF) and a third axial lower face (e.g. 3rd ALF), the third radial outer face being in contact with the second radial inner face (e.g. see figure 14), and the third axial lower face being at a same level as the second axial lower face (see figure 14). Regarding claim 7: Wherein the first radial outer face (e.g. 1st ROF) is arranged at a right angle with respect to the first axial upper face (e.g. angle between 1st ROF and 1st AUF), the first radial inner face is arranged at a right angle with respect to the first axial upper face (e.g. angle between 1st RIF and 1st AUF), the first axial lower face slopes relative to the first radial outer face at an angle of greater than 90° (e.g. obtuse angle between 1st ALF and 1st ROF), the first axial lower face slopes relative to the first radial inner face at an angle of less than 90° (e.g. acute angle between 1st ALF and 1st RIF), the first axial lower face slopes relative to the third radial outer face at an angle of greater than 90° (e.g. obtuse angle between 1st ALF and 3rd ROF) and the third radial outer face is arranged at a right angle with respect to the third axial lower face (e.g. angle between 3rd ROF to 3rd ALF). Regarding claim 9, Scharrer discloses a piston (e.g. figure 14) comprising a piston body (e.g. figures, piston received in cylinder bore, see background of invention in Scharrer) having at least one circumferential groove and at least one piston ring assembly arranged in the at least one circumferential groove (e.g. groove having the piston ring assembly), wherein the piston ring assembly comprises a first annular ring element, a second annular ring, wherein the first annular ring element is on the second annular ring element and is in contact with the second annular ring element, wherein the first annular ring element has a first radial outer face with a first outer radius and the second annular ring element has a second radial outer face with a second outer radius (e.g. see figure 14 and rejection of claims above). Regarding claim 10, Scharrer discloses an internal combustion engine (e.g. cylinder bore and piston stated in Scharrer) comprising at least one piston, the at least one piston comprising a piston body having at least one circumferential groove, at least one piston ring assembly arranged in the at least one circumferential groove, wherein the at least one piston ring assembly comprises a first annular ring element, a second annular ring element having a second gap, wherein the first annular ring element is on the second annular ring element and is in contact with the second annular ring element, wherein the first annular ring element has a first radial outer face with a first outer radius and the second annular ring element has a second radial outer face with a second outer radius (see entire document of Scharrer). Regarding claim 11, wherein the second radial outer face is arranged at a right angle with respect to the second axial lower face (e.g. angle between 2nd ROF and 2nd ALF, see figure below). Regarding claim 12, wherein the second radial inner face is arranged at a right angle with respect to the second axial lower face (e.g. angle between 2nd RIF and 2nd ALF). Regarding claim 13, wherein the second axial upper face (e.g. 2nd AUF) slopes relative to the second radial outer face at an angle of less than 90° (e.g. acute angle between 2nd AUF and 2nd ROF), the second axial upper face slopes relative to the second radial inner face at an angle of greater than 90° (e.g. obtuse angle between 2nd AUF and 2nd RIF), and defines a planar surface (e.g. planar surface of 2nd AUF from inner diameter to outer diameter of the 2nd ring) extending from the second radial outer face to the second radial inner face. Wherein the first radial outer face is arranged at a right angle with respect to the first axial upper face (e.g. angle between 1st ROF and 1st AUF). Wherein the first radial inner face is arranged at a right angle with respect to the first axial upper face (e.g. angle between 1st RIF and 1st AUF). Wherein the first axial lower face slopes relative to the first radial outer face at an angle greater than 90° (e.g. obtuse angle between 1st ALF and 1st ROF). Wherein the first axial lower face is arranged at an angle less than 90° with respect to the first radial inner face (e.g. acute angle between 1st ALF and 1st RIF). Wherein the first axial lower face is arranged at an angle greater than 90° with respect to the third radial outer face (e.g. obtuse angle between 1st ALF and 3rd ALF). Wherein the third radial outer face is arranged at a right angle with respect to the third axial lower face (e.g. angle between 3rd ROF and 3rd ALF). Regarding claim 21: Wherein the first annular ring element and the second annular ring element are the only ring elements of the piston ring assembly (e.g. see figure 14), the first ring element includes the third radially outer face (e.g. 3rd ROF) and a third axial lower face (3rd ALF), the third radial outer face is in contact with the second radial inner face (e.g. contact between 3rd ROF and 2nd RIF) and the third lower face is a planar surface that is not coplanar with the second axial lower face (e.g. 2ndALF not coplanar with 3rd ALF). Further evidence of non-coplanar surface is shown in figures 4a-4b by way of example only.
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Scharrer discloses the invention as claimed above but fails to disclose the second outer radius is greater the first outer radius. Chalk (e.g. figures 6A-6B) teaches piston ring assembly having a 1st ring with a 1st radius to an outer surface (e.g. outer radius of 214) and a 2nd ring below the 1st ring with a 2nd radius which is greater (e.g. outer radius of 230). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the second outer radius of Scharrer to be larger than the first outer radius as taught by Chalk with reasonable expectation of success which avoids the formation of a gap between the rings (e.g. paragraph 0016). In conclusion gap(s) between 3rd ROF and 2nd RIF in Scharrer is prevented.
Claim(s) 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Scharrer and Chalk as applied to claims above, and further in view of Scharrer figures 3a-4b and 18.
Regarding claims 21-22: Scharrer discloses the invention as claimed above but fails to disclose the third axial lower face is not coplanar with the second axial lower face and wherein the third axial lower face is disposed at a height greater than the second axial lower face. Scharrer teaches in various embodiment coplanar surfaces for the second axial lower face and the third axial lower face (e.g. figures 14, 17 and 19) and in various embodiments that the third axial lower face is disposed at a height greater than the second axial lower face (e.g. figures 3a-4b and 18). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the third axial lower face of Scharrer in figure 14 to be at greater height than the second axial lower face as taught by Scharrer in figures 3a-4b and 18 with reasonable expectation of success, since having surfaces that are coplanar or different heights is considered to be art equivalent and furthermore providing different heights provides anti extrusion of the top ring (e.g. inherent since the bottom ring would contact the piston groove 1st).
Conclusion
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675
