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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant has amended to add limitation to have larger diameter is not sufficient to allow the case. This limitation is taught by many references presented to applicant on form 892. One example is US 20140090554.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification and/or original disclose do not state “not coplanar” and “a height greater than the second axial lower face”.
Claims are rejected as best understood.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Unclear what applicant means by “not coplanar” and “a height greater than the second axial lower face”, in claims 21 and 22, respectively.
Furthermore evidence is provided by US10520086 where lower surfaces of piston rings are not coplanar and 1st ring having higher lower face height (e.g. figure 3a-4b).
Claims are rejected as best understood.
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.
Claim(s) 1, 3, 5-6, 9-12, 14-19 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnston (US. 2376148).
Johnston discloses a piston ring assembly (e.g. figures) comprising a first annular ring element (e.g. 1st annular ring element having 18), a second annular ring element (e.g. e.g. 2nd annular ring element 25), 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 1 shows this), wherein the first annular ring element has a first radial outer face (e.g. surface between 18 and 19) with a first outer radius (e.g. outer radius of the first radial outer face) and the second annular ring element has a second radial outer face (e.g. 29) with a second outer radius (e.g. radius of the second radial outer face) and wherein the second outer radius is greater the first outer radius (e.g. figures shows this).
Regarding claim 3: Wherein the second annular ring element (e.g. 25) has the second radial outer face (e.g. 29), a second radial inner face (e.g. 33), a second axial lower face (e.g. 31), and a second axial upper face (e.g. 27), and the second axial upper face is in contact with the first annular ring element (e.g. see figure 1).
Regarding claim 5: Wherein the first annular ring element includes the first radial outer face (e.g. the first radial outer face), a first radial inner face (e.g. 17), a first axial lower face (e.g. 19) and a first axial upper face (e.g. 22 or 18), and the first axial lower face (e.g. 19) is in contact with the second annular ring element (e.g. see figures 1-3).
Regarding claim 6: Wherein the first annular ring element includes a third radial outer face (e.g. 21) and a third axial lower face (e.g. 23), the third radial outer face being in contact with the second radial inner face (e.g. 33 contacting 21), and the third axial lower face being at a same level as the second axial lower face (see figure 1).
Regarding claim 9: Johnston discloses a piston (e.g. figure 1) comprising a piston body (e.g. figure 1) 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 and wherein the second outer radius is greater than the first outer radius (e.g. see rejection of claims above).
Regarding claim 10: Johnston discloses an internal combustion engine (e.g. combustion engine having the piston, column 1, line 5) 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 and wherein the second outer radius is greater than the first outer radius (e.g. see rejection of claims above).
Regarding claim 11: Wherein the second radial outer face (e.g. 29) is arranged at a right angle (e.g. angle of 29) with respect to the second axial lower face (e.g. 31).
Regarding claim 12: Wherein the second radial inner face (e.g. 33) is arranged at a right angle (e.g. angle of 33) with respect to the second axial lower face (e.g. 31).
Regarding claim 14: Wherein the first radial outer face (e.g. the first radial outer face between 18 and 19) is arranged at a right angle (e.g. angle of the first radial outer face) with respect to the first axial upper face (e.g. see figures 1-3).
Regarding claim 15: Wherein the first radial inner face (e.g. 17) is arranged at a right angle (e.g. angle of 17) with respect to the first axial upper face (e.g. 22).
Regarding claim 16: Wherein the first axial lower face (e.g. 19) slopes (e.g. slope of 19) relative to the first radial outer face (e.g. the first radial outer face between 18 and 19) at an angle greater than 90° (e.g. see the obtuse angle of 19 relative to the first radial outer face).
Regarding claim 17: Wherein the first axial lower face (e.g. 19) is arranged at an angle (e.g. angle of 19) less than 90° with respect to the first radial inner face (e.g. acute angle between the radial inner face 17 and 19).
Regarding claim 18: Wherein the first axial lower face (e.g. 19) is arranged at an angle greater than 90° with respect to the third radial outer face (e.g. obtuse angle between the first axial lower face 19 and 21).
Regarding claim 19: Wherein the third radial outer face (e.g. 21) is arranged at a right angle with respect to the third axial lower face (e.g. angle between 21 and 23).
Regarding claim 21: Wherein the first annular ring element includes a third radial outer face (e.g. 21) and a third axial lower face (e.g. 23), wherein the third radial outer face is in contact with the second radial inner face (e.g. see figure 1), and wherein the third axial lower face is not coplanar with the second axial lower face (e.g. see embodiment shown in figure 6 which show all limitation of claim 5 and 22).
Regarding claim 22: Wherein the first annular ring element includes a third radial outer face and a third axial lower face, wherein the third radial outer face is in contact with the second radial inner face, and wherein the third axial lower face is disposed at a height greater than the second axial lower face (e.g. see embodiment shown in figure 6 which shows all structural limitation of claim 5 and claim 22).
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, 3-7 and 9-19 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). Regarding claim 3, 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), and the second axial upper face is in contact with the first annular ring element (e.g. see figure 14). Regarding claim 4, 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° and slopes relative to the second radial inner face at an angle of greater than 90° (e.g. slope of 2nd AUF), 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. Regarding claim 14, 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). Regarding claim 15, 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). Regarding claim 16, 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). Regarding claim 17, 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). Regarding claim 18, 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). Regarding claim 19: 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).
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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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675