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 filed 04/03/2026 have been fully considered but they are not persuasive.
Applicant argues that Nakamura reference does not disclose that the second rail portion is symmetrical to the first rail portion in an axial direction.
Examiner notes that Nakamura discloses that the second rail portion 12 is symmetrical to the first rail portion 12 in an axial direction, as symmetry is defined as
“capable of division by a longitudinal plane into similar halves”.
SYMMETRICAL Definition & Meaning - Merriam-Webster
Applicant argues that Nakamura reference does not disclose that the vertex is located at a central portion in an axial direction of the outer peripheral surface of each of the first rail portion and the second rail portion. The vertex of Nakamura is positioned significantly below the midpoint of the rail width, and the vertex is offset.
Examiner notes that the vertex is located at a central portion in an axial direction of the outer peripheral surface of each of the first rail portion and the second rail portion The vertex of 34 is located at central portion in an axial direction of the outer peripheral surface of 12 and 12, as seen in examiner annotated fig 2 below.
Applicant’s arguments with respect to claims 7 and 8 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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.
Claims 1, 2 and 4 - 6 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (U.S. PG Pub # 20180023702) alone.
Regarding Claim 1, Nakamura discloses an oil control ring (1, fig 1) comprising : a main body portion having an annular shape (annular shape of main body portion of 1), that includes an inner peripheral surface (inner peripheral surface of 1) and an outer peripheral surface (outer peripheral surface of 1), and one side surface and an other side surface substantially orthogonal to the inner peripheral surface (side surfaces of 1 orthogonal to the inner peripheral surface of 1); and a coil expander (20, fig 2 same as fig 1) installed along the inner peripheral surface (inner peripheral surface of 1), wherein the main body portion includes a pair of first rail portion (12 at the top) and second rail portion (12 at the bottom) each having an annular shape (annular shape of 12, 12), and a pillar portion (11) connecting the first rail portion and the second rail portion (11 connecting 12 and 12), wherein the outer peripheral surfaces of the first rail portion and the second rail portion each include a protruding surface (34 at the outer peripheral surfaces of 12 and 12, fig 3 same as figs 1 and 2) having a cross-sectional shape protruding convexly outward in a radial direction (30, 30 protrude convexly outward radially), and wherein the protruding surface is an arcuate surface having a radius of curvature in a sliding contact region (34 is arcuate with a radius of curvature) including a vertex that is a radially outermost point of the first rail portion or the second rail portion (34 includes a vertex that is the radially outermost point of 12), and wherein the second rail portion is symmetrical to the first rail portion in an axial direction with respect to a center of the main body portion in a width direction (12 and 12 are symmetrical in an axial direction),
wherein the vertex is located at a central portion in an axial direction of the outer peripheral surface of each of the first rail portion and the second rail portion (vertex of 34 is located at central portion in an axial direction of the outer peripheral surface of 12 and 12, as seen in examiner annotated fig 2 below).
Nakamura does not disclose wherein the protruding surface is an arcuate surface having a radius of curvature of 0.30 mm or less in a sliding contact region.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to contrive any number of desirable ranges for the radius of curvature of the protruding surface limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, to provide sealing and also scraping at the arcuate surface of the oil control ring. In re Aller, 105 USPQ 233.
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Regarding Claim 2, Nakamura discloses an oil control ring (1, fig 1) comprising : a main body portion having an annular shape (annular shape of body of 1), that includes an inner peripheral surface (inner peripheral surface of 1) and an outer peripheral surface (outer peripheral surface of 1), and one side surface and an other side surface substantially orthogonal to the inner peripheral surface (two side surfaces orthogonal to the inner peripheral surface of 1); and a coil expander (20, fig 2 same as fig 1) installed along the inner peripheral surface (inner peripheral surface of 1), wherein the main body portion includes a pair of first rail portion (12) and second rail portion (12) each having an annular shape (annular shape of 12 and 12), and a pillar portion (11) connecting the first rail portion and the second rail portion (11 connects 12 and 12), wherein the outer peripheral surfaces of the first rail portion and the second rail portion each include a protruding surface (34, fig 3 same as figs 1 and 2) having a cross-sectional shape protruding convexly outward in a radial direction (34 protrudes convexly outward radially), wherein at least a part of the protruding surface is located on a virtual convex surface passing through a vertex that is an outermost point in a radial direction of the first rail portion or the second rail portion (part of 34 is located on a virtual convex surface passing through a vertex that is an outermost point in a radial direction of 12), and a pair of points each spaced apart from the vertex on both sides in an axial direction and positioned inward in the radial direction at a predetermined drop (two points on both sides of 34 in an axial direction and positioned inward in the radial direction at a predetermined drop), and wherein the second rail portion is symmetrical to the first rail portion in the axial direction with respect to a center of the main body portion in a width direction (12 and 12 are symmetrical in the axial direction),
wherein the vertex is located at a central portion in an axial direction of the outer peripheral surface of each of the first rail portion and the second rail portion (vertex of 34 is located at central portion in an axial direction of the outer peripheral surface of 12 and 12, as seen in examiner annotated fig 2 below).
Nakamura does not disclose a pair of points each spaced apart from the vertex by 0.05 mm on both sides in an axial direction and positioned inward in the radial direction at a predetermined drop, and wherein the drop is 0.0045 mm or more.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to contrive any number of desirable ranges for the drop of the pair of points disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, to provide sealing and also scraping at the arcuate surface of the oil control ring. In re Aller, 105 USPQ 233.
Regarding Claim 4, Nakamura discloses the oil control ring, wherein the outer peripheral surfaces of the first rail portion and the second rail portion each include a first arcuate surface including the vertex (first arcuate surface at the vertex of 34 ( as seen in examiner annotated fig 3 below), a pair of bevel surfaces (32, 33) that are tapered surfaces inclined at a predetermined angle with respect to the radial direction (32, 33 tapered at angles), and second arcuate surfaces ( as seen in examiner annotated fig 3 below) each connecting the protruding surface and the bevel surface ( as seen in examiner annotated fig 3 below), and wherein a radius of curvature of the first arcuate surface is greater than a radius of curvature of the second arcuate surface ( radius of curvature of the first arcuate surface is greater than a radius of curvature of the second arcuate surface as seen in examiner annotated fig 3 below).
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Regarding Claim 5, Nakamura discloses the oil control ring, wherein the outer peripheral surfaces of the first rail portion and the second rail portion each include a first arcuate surface including the vertex (vertex of 34), a pair of bevel surfaces (34, 36) that are tapered surfaces inclined at a predetermined angle with respect to the radial direction (34, 36 are tapered at angles), and second arcuate surfaces each connecting the protruding surface and the bevel surface ( as seen in examiner annotated fig 3 above), and wherein a radius of curvature of the first arcuate surface is greater than a radius of curvature of the second arcuate surface ( as seen in examiner annotated fig 3 above).
Regarding Claim 6, Nakamura discloses the oil control ring wherein a ratio R2/R1 of the radius of curvature R2 of the second arcuate surface to the radius of curvature R1 of the first arcuate surface.
Nakamura does not disclose wherein a ratio R2/R1 of the radius of curvature R2 of the second arcuate surface to the radius of curvature R1 of the first arcuate surface is 0.1 or more and 0.6 or less.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to contrive any number of desirable ranges for the drop of the ratio R2/R1 disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, to provide sealing and also scraping at the arcuate surface of the oil control ring. In re Aller, 105 USPQ 233.
Claims 7 - 8 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (U.S. PG Pub # 20060113730) in view of Nakamura (U.S. PG Pub # 20180023702).
Regarding Claim 7, Suzuki discloses an oil control ring (1, fig 1) comprising : a main body portion having an annular shape (annular shape of body of 1), that includes an inner peripheral surface (inner peripheral surface of 1) and an outer peripheral surface (outer peripheral surface of 1), and one side surface and an other side surface substantially orthogonal to the inner peripheral surface (two side surfaces orthogonal to the inner peripheral surface of 1); and a coil expander (10) installed along the inner peripheral surface (10 at the inner peripheral surface of 1),wherein the main body portion includes a pair of first rail portion (2 at the top) and second rail portion (3 at the bottom) each having an annular shape (annular shape of 2 and 3), and a pillar portion (4) connecting the first rail portion and the second rail portion (4 connects 2 and 3),.
Suzuki does not disclose wherein the outer peripheral surfaces of the first rail portion and the second rail portion each include a protruding surface having a cross-sectional shape protruding convexly outward in a radial direction, wherein the protruding surface includes a sliding contact region including a pair of partial arcuate surfaces and a flat portion, wherein the pair of partial arcuate surfaces are provided on the one side surface and the other side surface, respectively, wherein the flat portion extends in parallel with an axial direction so as to connect the pair of partial arcuate surfaces, and wherein the sliding contact region has a cross-sectional shape symmetrical with respect to a virtual vertex that is a virtual outermost point of the arcuate surface in the radial direction,
wherein the vertex is located at a central portion in an axial direction of the outer peripheral surface of each of the first rail portion and the second rail portion.
However, Nakamura teaches wherein the outer peripheral surfaces of the first rail portion and the second rail portion each include a protruding surface (34, fig 4 same as figs 1 and 2) having a cross-sectional shape protruding convexly outward in a radial direction (34 protrudes outwardly radially),wherein the protruding surface includes a sliding contact region including a pair of partial arcuate surfaces (partial arcuate surfaces on both sides of 34a) and a flat portion (flat portion 34a), wherein the pair of partial arcuate surfaces are provided on the one side surface and the other side surface (fig 4), respectively, wherein the flat portion extends in parallel with an axial direction so as to connect the pair of partial arcuate surfaces (Para 0047 - 34a is parallel with an axial direction), and wherein the sliding contact region has a cross-sectional shape symmetrical with respect to a virtual vertex that is a virtual outermost point of the arcuate surface in the radial direction (cross-sectional shape of 34 symmetrical with respect to virtual outermost point of 34a),
wherein the second rail portion is symmetrical to the first rail portion in an axial direction with respect to a center of the main body portion in a width direction (2 and 3 are symmetrical in an axial direction),
wherein the vertex is located at a central portion in an axial direction of the outer peripheral surface of each of the first rail portion and the second rail portion (vertex of 34 is located at central portion in an axial direction of the outer peripheral surface of 12 and 12, as seen in examiner annotated fig 2 below).
The combination of Suzuki and Nakamura does not disclose wherein the pair of partial arcuate surfaces are each a part of an arcuate surface having a radius of curvature of 0.30 mm or less (excluding a range where a radial drop is 25 um or more) and passing through both axial ends of the sliding contact region.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to contrive any number of desirable ranges for the radii of curvature of the arcuate surfaces disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, to provide sealing and also scraping at the arcuate surface of the oil control ring. In re Aller, 105 USPQ 233.
Regarding Claim 8, the combination of Suzuki and Nakamura discloses the oil control ring.
The combination of Suzuki and Nakamura does not disclose wherein an axial dimension of the flat portion is greater than 0 mm and less than 0.100 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to contrive any number of desirable ranges for the axial dimension of the flat portion disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, to provide sealing and also scraping at the arcuate surface of the oil control ring. In re Aller, 105 USPQ 233.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 L. SUSMITHA KONERU whose telephone number is (571) 270-5333. The examiner can normally be reached on Monday – Friday from 9 A.M.- 4 P.M.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached on 571.272.8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free)? If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/L. K./
Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
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