Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, and 5-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Okazaki et al., US Pub. 2020-0217416) alone.
For Claim 1, D1 discloses a sliding member (Abstract) comprising:
a coating film (1) on a sliding surface (16) on a base material (11),
the coating film (1) including a plurality of laminated parts (3), and carbon layers (2) provided between each of the plurality of laminated parts,
the plurality of laminated parts (3), when a cross section thereof is observed by a bright- field TEM image, being configured by laminating, in a thickness direction, repeating units of a black hard carbon layer shown in a relatively black color or blackish color and a white hard carbon layer shown in a relatively white color or whitish color, and the carbon layers each including a columnar structure (Laminated part 3 has black hard carbon layer B and white hard carbon layer W when observed by a bright-field TEM image. Abstract. Para. [0043]. Plurality of black hard carbon layer B and white hard carbon layer W are stacked in thickness direction. Figure 2.)
D1 discloses the claimed invention with laminated parts 3 and carbon layer 2 except for a plurality of laminated parts (3), and carbon layers (2) provided between each of the plurality of laminated parts. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed inventio to have a plurality of laminated parts and carbon layers such that the carbon layers provided between each of the plurality of laminated parts, since it has been held that mere duplication of essential working parts of a device involve only routine skill in the art. In re Regis Paper Co. v. Bemis Co., 193 USPQ 8. One skill in the at would realize that having a plurality of laminated parts and carbon layers provided between each of the plurality of laminated parts would yield the expected result of effective sealing.
For Claim 2, D1 discloses the sliding member according to claim 1, wherein each of the plurality of laminated parts has a thickness within a range of 2 to 9 µm (Para. [0067, 0069]), and the coating film has a thickness within a range of 4 to 40 µm (Para. [0022].)
For Claim 3, D1 discloses the sliding member according to claim 1, wherein the carbon layer is formed by a black carbon layer shown in a relatively black color or blackish color and a white carbon layer shown in a relatively white color or whitish color, in this order, and the columnar structure shown in the relatively black color or blackish color is present in the white carbon layer (Abstract. Figure 2.)
For Claim 5, D1 discloses the sliding member according to claim 1, wherein an initial carbon layer is formed as a lower layer before formation of the coating filmlayer (Layer 11a composed of carbide, para. [0052].)
For Claim 6, D1 discloses the sliding member according to claim 1, wherein a laminated part inner carbon layer is formed in each of the plurality of laminated parts, on the white hard carbon layer (W) and as a lower layer of the black hard carbon layer (B, Figure 2.)
For Claim 7, D1 discloses the sliding member according to claim 1, further comprising: a surface layer part serving as an outermost surface layer above the plurality of laminated parts, the surface layer part having a thickness of 0.1 to 10 µm (Outer most layer white hard carbon layer W has a thickness of 0.3 µm, para. [0059].)
For Claim 8, D1 discloses the sliding member according to claim 1, wherein the sliding member is a piston ring (Sliding member is piston ring, para. [0005].)
For Claim 9, D1 discloses a coating film (abstract) comprising:
a plurality of laminated parts (3, Figure 2); and
carbon layers (2) provided between each of the plurality of laminated parts,
the plurality of laminated parts (3), when a cross section thereof is observed by a bright- field TEM image, being configured by laminating, in a thickness direction, repeating units of a black hard carbon layer shown in a relatively black color or blackish color and a white hard carbon layer shown in a relatively white color or whitish color, and the carbon layers each including a columnar structure (Laminated part 3 has black hard carbon layer B and white hard carbon layer W when observed by a bright-field TEM image. Abstract. Para. [0043]. Plurality of black hard carbon layer B and white hard carbon layer W are stacked in thickness direction. Figure 2.)
D1 discloses the claimed invention with laminated parts 3 and carbon layer 2 except for a plurality of laminated parts (3), and carbon layers (2) provided between each of the plurality of laminated parts. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed inventio to have a plurality of laminated parts and carbon layers such that the carbon layers provided between each of the plurality of laminated parts, since it has been held that mere duplication of essential working parts of a device involve only routine skill in the art. In re Regis Paper Co. v. Bemis Co., 193 USPQ 8. One skill in the art would realize that having a plurality of laminated parts and carbon layers provided between each of the plurality of laminated parts would yield the expected result of effective sealing.
For Claim 10, D1 discloses the coating film according to claim 9, wherein each of the plurality of laminated parts has a thickness within a range of 2 to 9 µm (Para. [0067, 0069]), and the coating film has a thickness within a range of 4 to 40 µm (Para. [0022].)
For Claim 11, D1 discloses the coating film according to claim 9, wherein the carbon layer is formed by a black carbon layer shown in a relatively black color or blackish color and a white carbon layer shown in a relatively white color or whitish color, in this order, and the columnar structure shown in the relatively black color or blackish color is present in the white carbon layer (Abstract. Figure 2.)
For Claim 12, D1 discloses the coating film according to claim 9, wherein an initial carbon layer is formed as a lower layer before formation of the coating film (Layer 11a composed of carbide, para. [0052].)
For Claim 13, D1 discloses the coating film according to claim 9, wherein a laminated part inner carbon layer is formed in the plurality of laminated parts, on the white hard carbon layer (W) and as a lower layer of the black hard carbon layer (B, Figures 2.)
For Claim 14, D1 discloses the coating film according to claim 9, further comprising: a surface layer part serving as an outermost surface layer above the plurality of laminated parts, the surface layer part having a thickness of 0.1 to 10 µm (Outer most layer white hard carbon layer W has a thickness of 0.3 µm, para. [0059].)
For Claim 15, D1 discloses a manufacturing method of the sliding member according to claim 1 that includes the coating film (1) on the sliding surface (16) on the base material (11, abstract),
the coating film (1) including a plurality of laminated parts (3), and carbon layers (2) provided between each of the plurality of laminated parts (3), the plurality of laminated parts (3), when a cross section thereof is observed by a bright-field TEM image, being configured by laminating, in a thickness direction, repeating units of a black hard carbon layer (B) shown in a relatively black color or blackish color and a white hard carbon layer (W) shown in a relatively white color or whitish color, and the carbon layers each including a columnar structure (Abstract. Figure 2), and
the carbon layers (2) each being obtained by forming the plurality of laminated parts (B, W) having a predetermined thickness (Para. [0022, 0023, 0030]), pausing film formation for a certain period of time to allow a temperature (Para. [0016-0017, 0047, 0074-0077]) thereof to become relatively low, and then resuming film formation under predetermined conditions (Paar. [0017])
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Okazaki et al., US Pub. 2020-0217416) in view of D2 (WO 2021066058).
For Claim 4, D1 discloses the sliding member according to claim 3, but does not disclose wherein an [sp2/(sp2+sp3)] ratio of the black hard carbon layer is within a range of 0.05 to 0.75, an [sp2/(sp2+sp3)] ratio of the white hard carbon layer is larger than the [sp2/(sp2+sp3)] ratio of the black hard carbon layer and within a range of 0.20 to 0.80, and an [sp2/(sp2+sp3)] ratio of the white carbon layer in the carbon layer is within a range of 0.20 to 0.80.
D2 teaches a sliding member with coating having black hard carbon layer and white hard carbon layer. Black hard carbon has [sp2/(sp2+sp3)] ratio of 0.05-0.75, and white hard carbon layer has [sp2/(sp2+sp3)] ratio 0.20-0.80 (P12, para. [6]) for effective sealing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that an [sp2/(sp2+sp3)] ratio of the black hard carbon layer is within a range of 0.05 to 0.75, an [sp2/(sp2+sp3)] ratio of the white hard carbon layer is larger than the [sp2/(sp2+sp3)] ratio of the black hard carbon layer and within a range of 0.20 to 0.80, and an [sp2/(sp2+sp3)] ratio of the white carbon layer in the carbon layer is within a range of 0.20 to 0.80, as taught by D2 with a reasonable expectation of success of effective sealing.
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides example of invention. A few of the prior art cited but not applied include Moriguchi (US 2018-0371608); Shinohara (US 2018-0245200); and Moriguchi (US 2017-0283935).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675
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