DETAILED ACTION
Status
Claims 1, 3, 5, 6, 8-12, 15 and 21-30 are pending. Claims 1, 3, 5, 6, and 8-12 are amended. Claims 2, 4, 7, 13, 14, and 16-20 are canceled. Claims 21-30 are new. Applicant’s cancellation of claims 14 and 16 obviates the prior 112(b) rejection on claims 14-16.
Response to Arguments
Regarding the combination of Segawa and Dudok, Applicant argues the combination fails to teach “wherein the intermediate plate includes: a first contact surface in contact with the variable capacity assembly in the axial direction; and a second contact surface that is located on a side opposite to the first contact surface I the axial direction, and in contact with the biasing member in the axial direction, and wherein each of the first contact surface and the second contact surface includes a high friction surface” as now recited in amended claim 1. Applicant contends a PHOSITA would have no motivation to apply laser structuring on both axial sides of the plate since Dudok’s bearing housing and compressor housing have open surfaces that do not have laser structuring. Examiner respectfully disagrees. Dudok explicitly teaches that the laser structuring is applied to component connection areas. That is the portions of the assembly where components contact one another. As such, a PHOSITA having read Dudok would be motivated to apply laser structuring to any “connection area”. This includes any surface of the assembly that comes into contact with another surface. It appears that having contact surfaces on opposing sides of a component does not negate the benefit of increasing friction realized by applying the teachings of Dudok.
Applicant’s arguments, see pages 16-17, filed 12/17/25, with respect to the rejection of claim 11 in view of the current amendments have been fully considered and are persuasive. The previous rejection has been withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 5-6, 8-10, 22, 24 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Segawa et al .(WO 2020202613) in view of Dudok et al. (DE 102018003239), hereinafter: “Segawa” and “Dudok”, respectively. The equivalent US PGPub (US 20220010722) to WO 2020202613 to be referenced hereinafter.
In Reference to Claim 1
Segawa teaches:
A turbocharger(1) comprising:
a turbine blade wheel(6);
a rotating shaft(14) to which the turbine blade wheel is fixed(Fig 1; P[0018]);
a first housing(4) including a flow path(16) through which gas received from an inlet flows(P[0019]);
a second housing(13) rotatably supporting the rotating shaft(P[0018]);
a variable capacity assembly(20) disposed in the housing(Fig 1) and configured to receive the gas from the flow path and to guide the gas to the turbine blade wheel(P[0022], P[0023]);
an annular intermediate plate(“annular intermediate member” - see annotated figure below) contacting the variable capacity assembly in an axial direction of the rotating shaft(see annotated figure below); and
a biasing member(see annotated figure below) located between the intermediate plate and the second housing(see annotated figure below), the biasing member configured to apply a biasing force to the intermediate plate so as to press the intermediate plate against the variable capacity assembly(as shown in Fig 1, the biasing member applies a biasing force to press 20 against housing 4),
wherein the first housing includes a housing contact surface(see annotated fig below) that is in contact with the variable capacity assembly in the axial direction(direction extending along H),
wherein the variable capacity assembly includes an assembly contact surface(see annotated fig below) that is in contact with the housing contact surface in the axial direction(Fig 1),
wherein the intermediate plate includes:
a first contact surface in contact with the variable capacity assembly in the axial direction(“intermediate member contact surface” – see annotated figure below); and
a second contact surface that is located on a side opposite to the first contact surface in the axial direction, and in contact with the biasing member in the axial direction(“second intermediate member contact surface” – see annotated figure below),
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Segawa fails to teach:
wherein each of the first contact surface and the second contact surface includes a high friction surface.
Dudok teaches:
An analogous exhaust gas turbocharger(Fig 1) having a compressor housing(30) and a bearing housing(20) each having a connection area(40) wherein each of a compressor housing contact surface and the bearing housing contact surface includes a high friction surface(via laser structuring 50; P[0007], P[0019]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Segawa to incorporate the teachings of Dudok to use laser structuring at the interface of the first contact surface and the second contact surface on each of the first and second contact surfaces to increase the coefficient of friction at the interface to improve security against rotation between the contact surfaces without structural changes to components(P[0007], P[0019]).
In Reference to Claim 5
Segawa in view of Dudok teaches:
The turbocharger according to claim 1(see rejection of claim 1 above),
Segwa in view of Dudok fails to explicitly teach:
wherein the housing contact surface includes a high friction surface, and
wherein a surface roughness of the high friction surface of the housing contact surface is greater than a surface roughness of the assembly contact surface
Dudok teaches:
An analogous exhaust gas turbocharger(Fig 1) having a compressor housing(30) and a bearing housing(20) each having a connection area(40) where at least one of the compressor housing and bearing housing contact surfaces receive the laser structuring to achieve an increase in a coefficient of friction, as such Dudok also teaches a surface roughness of the housing contact surface receiving the laser structuring greater than the assembly contact surface not receiving the laser structuring; P[0007] of Dudok).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Segawa to incorporate the teachings of Dudok to use laser structuring at the interface of the housing contact surface and the assembly contact surface on only the housing contact surface to increase the coefficient of friction at the interface to improve security against rotation between the contact surfaces without structural changes to components(P[0007], P[0019]).
In Reference to Claim 6
Segawa in view of Dudok teaches:
The turbocharger according to claim 1(see rejection of claim 1 above),
wherein the variable capacity assembly includes:
an arrangement hole(hole defined b 27a) through which the turbine blade wheel or the rotating shaft is inserted(Fig 1); and
a second assembly contact surface(see annotated fig above) surrounding the arrangement hole(see annotated fig above);
wherein the second contact surface of the intermediate plate is in contact with the second assembly contact surface(see annotated fig above)
Segawa in view of Dudok fails to explicitly teach:
wherein the second assembly contact surface includes a second high friction surface.
Dudok teaches:
An analogous exhaust gas turbocharger(Fig 1) having a compressor housing(30) and a bearing housing(20) each having a connection area(40) wherein at least one of a compressor housing contact surface and the bearing housing contact surface includes a high friction surface(via laser structuring 50; P[0007], P[0019]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Segawa to incorporate the teachings of Dudok to also use laser structuring at the interface of the second assembly contact surface and the intermediate plate contact surface on the second assembly contact surface to increase the coefficient of friction at the interface to improve security against rotation between the contact surfaces without structural changes to components(P[0007], P[0019]).
In Reference to Claim 8
Segawa in view of Dudok teaches:
The turbocharger according to claim 1(see rejection of claim 1 above),
wherein the biasing member includes a biasing member contact surface in contact with the second contact surface of the intermediate plate(see annotated fig above)
Segawa in view of Dudok fails to explicitly teach:
wherein the biasing member contact surface includes a second high friction surface.
Dudok teaches:
An analogous exhaust gas turbocharger(Fig 1) having a compressor housing(30) and a bearing housing(20) each having a connection area(40) wherein at least one of a compressor housing contact surface and the bearing housing contact surface includes a high friction surface(via laser structuring 50; P[0007], P[0019]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Segawa to incorporate the teachings of Dudok to also use laser structuring at the interface of the second intermediate plate contact surface and the biasing member contact surface on both of the second intermediate plate contact surface and the biasing member contact surface to increase the coefficient of friction at the interface to improve security against rotation between the contact surfaces without structural changes to components(P[0007], P[0019]).
In Reference to Claim 9
Segawa in view of Dudok teaches:
The turbocharger according to claim 1(see rejection of claim 1 above),
wherein the second housing includes a second housing contact surface in contact with the biasing member in the axial direction(see annotated fig above),
wherein the biasing member includes a biasing member contact surface in contact with the second housing contact surface(see annotated fig above)
Segawa in view of Dudok fails to explicitly teach:
wherein at least one of the second housing contact surface and the biasing member contact surface includes a second high friction surface.
Dudok teaches:
An analogous exhaust gas turbocharger(Fig 1) having a compressor housing(30) and a bearing housing(20) each having a connection area(40) wherein at least one of a compressor housing contact surface and the bearing housing contact surface includes a high friction surface(via laser structuring 50; P[0007], P[0019]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Segawa to incorporate the teachings of Dudok to also use laser structuring at the interface of the second housing contact surface and the biasing member contact surface on at least one of the second housing contact surface and the biasing member contact surface to increase the coefficient of friction at the interface to improve security against rotation between the contact surfaces without structural changes to components(P[0007], P[0019]).
In Reference to Claim 10
Segawa in view of Dudok teaches:
The turbocharger according to claim 1(see rejection of claim 1 above),
wherein the variable capacity assembly includes an arrangement hole(hole defined by the inner peripheral surface of 20) through which the turbine blade wheel or the rotating shaft is inserted(Fig 1),
wherein the second housing includes a second housing shoulder portion fitted into the arrangement hole(see annotated fig above),
wherein the arrangement hole includes an inner peripheral surface portion which faces the second housing shoulder portion(see annotated fig above),
wherein the second housing shoulder portion includes a shoulder outer surface in contact with the inner peripheral surface portion of the arrangement hole(see annotated fig above)
Segawa in view of Dudok fails to explicitly teach:
wherein at least one of the inner peripheral surface portion of the arrangement hole and the shoulder outer surface includes a second high friction surface.
Dudok teaches:
An analogous exhaust gas turbocharger(Fig 1) having a compressor housing(30) and a bearing housing(20) each having a connection area(40) wherein at least one of a compressor housing contact surface and the bearing housing contact surface includes a high friction surface(via laser structuring 50; P[0007], P[0019]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Segawa to incorporate the teachings of Dudok to also use laser structuring at the interface of the inner peripheral surface portion of the arrangement hole and the shoulder outer surface on at least one of the inner peripheral surface portion of the arrangement hole and the shoulder outer surface to increase the coefficient of friction at the interface to improve security against rotation between the contact surfaces without structural changes to components(P[0007], P[0019]).
In Reference to Claim 22
Segawa teaches:
A turbocharger(1) comprising:
a turbine blade wheel(6);
a rotating shaft(14) to which the turbine blade wheel is fixed(Fig 1; P[0018]);
a housing(4) including a connection flow path(16,19) through which gas passes, wherein the gas flows from the connection flow path into the turbine blade wheel(P[0019]);
a nozzle vane(21) located in the connection flow path(P[0024]-P[0025]);
a nozzle ring rotatably(23) supporting the nozzle vane(23 rotatably supports each nozzle vane 21 via 23a; P[0026]);
a heat shield plate plate(“annular intermediate member” - see annotated figure above) located next to the nozzle ring in an axial direction of the rotating shaft(see annotated figure above); and
a biasing member(see annotated figure above) configured to apply a biasing force to the heat shielding plate so as to press the heat shielding plate against the nozzle ring(as shown in Fig 1, the biasing member applies a biasing force to press the heat shielding plate against nozzle ring 23),
wherein the heat shielding plate includes:
a first contact surface contacting the nozzle ring in the axial direction(“intermediate member contact surface” – see annotated figure above); and
a second contact surface that is located on a side opposite to the first contact surface in the axial direction, and contacting the biasing member(“second intermediate member contact surface” – see annotated figure above),
Segawa fails to teach:
wherein each of the first contact surface and the second contact surface includes a high friction surface.
Dudok teaches:
An analogous exhaust gas turbocharger(Fig 1) having a compressor housing(30) and a bearing housing(20) each having a connection area(40) wherein each of a compressor housing contact surface and the bearing housing contact surface includes a high friction surface(via laser structuring 50; P[0007], P[0019]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Segawa to incorporate the teachings of Dudok to use laser structuring at the interface of the first contact surface and the second contact surface on each of the first and second contact surfaces to increase the coefficient of friction at the interface to improve security against rotation between the contact surfaces without structural changes to components(P[0007], P[0019]).
In Reference to Claim 24
Segawa in view of Dudok teaches:
The turbocharger according to claim 22(see rejection of claim 22 above)
wherein the nozzle ring includes a nozzle ring main surface(24) which faces the connection flow path(P[0025]), and
wherein the surface roughness of the high friction surface is greater than a surface roughness of the nozzle ring main surface(in combination, Segawa and Dudok teach a surface roughness of the high friction surface receiving the laser structuring greater than a surface not receiving the laser structuring; P[0007] of Dudok).
In Reference to Claim 27
Segawa in view of Dudok teaches:
The turbocharger according to claim 22(see rejection of claim 22 above)
wherein the housing comprises a turbine housing(4 is a turbine housing; which accommodates the turbine blade wheel(Fig 1 of Segawa) and a bearing housing(13) that is connected to the turbine housing and supports the rotating shaft(Fig 1 of Segawa),
wherein the biasing member is located between the nozzle ring and the bearing housing(Fig 1 of Segawa), and wherein the bearing housing comprises a bottom surface(“second housing contact surface” – see annotated fig above) in contact with the biasing member(see annotated fig above),
Segawa in view of Dudok fails to explicitly teach:
the bottom surface including a high friction surface
Dudok teaches:
An analogous exhaust gas turbocharger(Fig 1) having a compressor housing(30) and a bearing housing(20) each having a connection area(40) wherein at least one of a compressor housing contact surface and the bearing housing contact surface includes a high friction surface(via laser structuring 50; P[0007], P[0019]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Segawa to incorporate the teachings of Dudok to also use laser structuring at the interface of the bottom surface and the biasing member contact surface on the bottom surface to increase the coefficient of friction at the interface to improve security against rotation between the contact surfaces without structural changes to components(P[0007], P[0019]).
Claim(s) 3 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Segawa in view of Dudok and in further view of Kirchhoffer et al. (DE 102006062207), hereinafter: “Kirchhoffer”. The English translation of DE 102006062207 to be referenced hereinafter.
In Reference to Claims 3 and 23
Segawa in view of Dudok teaches:
The turbocharger according to claims 1 and 22(see rejection of claims 1 and 22 above),
Segawa in view of Dudok fails to teach:
wherein the high friction surface is processed to include a knurled surface or a blasted surface
Kirchhoffer teaches:
A method of increasing the friction of a surface by laser structuring, a blasting process or by knurling(P[0032]).
Segawa in view of Dudok teaches a method for producing a high friction surface by a known laser structuring process. Segawa in view of Dudok does not explicitly teach producing a high friction surface by knurling or blasting. Kirchhoffer does explicitly teach a high friction surface being processed by known methods to include a laser structured surface, a blasted surface or a knurled surface. Because both Segawa in view of Dudok and Kirchhoffer teach methods for producing high friction surfaces, it would have been obvious to one skilled in the art before the effective filing date of the invention to substitute one method for the other to achieve the predictable result of a high friction surface processed to include a knurled surface or a blasted surface.
See KSR; MPEP 2141 III B
Allowable Subject Matter
Claims 11-12, 15 and 21 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding Claim 11, the prior art of record teaches the invention substantially as claimed except for the limitation requiring an entire surface of the nozzle ring contact surface has a high friction surface and wherein a surface roughness of the high friction surface is greater than a surface roughness of the outer peripheral surface of the nozzle ring. It is the Examiner’s opinion that one having ordinary skill in the art would not have arrived the claimed invention without the benefit of Applicant’s disclosure.
Claims 12, 15 and 21 would also be allowable by virtue of their dependency on Claim 11.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 25-26 and 28-30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 25, the prior art of record teaches the invention substantially as claimed except for the limitation requiring an entire surface of the first contact surface includes the high friction surface.
Regarding Claim 26, the prior art of record teaches the invention substantially as claimed except for the limitation requiring the high friction surface has a ring shape along the outer peripheral surface of the heat shielding plate.
Regarding Claim 28, the prior art of record teaches the invention substantially as claimed except for the limitation requiring an outer flange which protrudes from the outer peripheral surface in a radial direction of the rotating shaft, the outer flange including:
a first flange surface contacting the housing in the axial direction; and a second flange surface located on a side opposite to the first flange surface in the axial direction and contacting the drive ring in the axial direction, and wherein a surface roughness of the first flange surface is greater than a surface roughness of the second flange surface.
It is the Examiner’s opinion that one having ordinary skill in the art would not have arrived the invention of claims 25, 26 and 28 without the benefit of Applicant’s disclosure.
Claims 29-30 would also be allowable by virtue of their dependency on Claim 28.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P WOLCOTT whose telephone number is (571)272-9837. The examiner can normally be reached M-F 8:00am-4:30pm.
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/BRIAN P WOLCOTT/Primary Examiner, Art Unit 3711