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 claims 1, 2 and 4 - 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.
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 Esser (U.S. Patent # 8973262) in view of Nakamura et al. (U.S. PG Pub # 20180023702).
Regarding Claim 1, Esser discloses an oil control ring (fig 4) comprising : a main body portion having an annular shape (annular shape of main body portion of 2’), that includes an inner peripheral surface (inner peripheral surface of 2’) and an outer peripheral surface (outer peripheral surface of 2’), and one side surface and an other side surface substantially orthogonal to the inner peripheral surface (side surfaces of 2’ orthogonal to the inner peripheral surface of 2’); and a coil expander (Col 1 Lines 7 - 9) installed along the inner peripheral surface (inner peripheral surface of 1), wherein the main body portion includes a pair of first rail portion (2 on the left) and second rail portion (2 on the right) each having an annular shape (annular shape of 2, 2), and a pillar portion connecting the first rail portion and the second rail portion (portion connecting 2 and 2),
wherein the outer peripheral surface of the first rail portion includes a first protruding surface having a cross-sectional shape protruding convexly outward in a radial direction (first protruding convex surface 2’ on the left),
wherein the outer peripheral surface of the second rail portion includes a second protruding surface having a cross-sectional shape protruding convexly outward in the radial direction (second protruding convex surface 2’ on the right),
wherein a cross-sectional shape of the second rail portion is a mirror image of a cross- sectional shape of the first rail portion with respect to a plane passing through a center of the main body portion in a width direction and orthogonal to an axial direction (2’ on the left is a mirror image of 2’ on the right),
wherein the outer peripheral surface of the first rail portion includes the first protruding surface (fig 4) and a pair of first bevel surfaces that are tapered surfaces each inclined at a substantially equal predetermined angle with respect to the radial direction (bevel surfaces 7 and 7 at equal angles),
and wherein the outer peripheral surface of the second rail portion includes the second protruding surface (fig 4) and a pair of second bevel surfaces that are tapered surfaces each inclined at the substantially equal predetermined angle with respect to the radial direction (bevel surfaces 7 and 7 at equal angles),
Esser does not disclose
wherein the first protruding surface is an arcuate surface having a radius of curvature of 0.30 mm or less in a first sliding contact region including a first vertex that is a radially outermost point of the first rail portion,
wherein the second protruding surface is an arcuate surface having a radius of curvature of 0.30 mm or less in a second sliding contact region including a second vertex that is a radially outermost point of the second rail portion.
However, Nakamura teaches
wherein the first protruding surface is an arcuate surface having a radius of curvature in a first sliding contact region including a first vertex that is a radially outermost point of the first rail portion (first protruding surface of Esser with first vertex at 34, fig 3),
wherein the second protruding surface is an arcuate surface having a radius of curvature in a second sliding contact region including a second vertex that is a radially outermost point of the second rail portion (second protruding surface of Esser with second vertex at 34, fig 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the first and second protruding surfaces of Esser with the arcuate surface as in Nakamura with a reasonable expectation of success so that the protruding surfaces scrape off the oil adhering to the inner surface of the cylinder and thereby reducing the oil consumption (Nakamura Para 0044).
The combination of Esser and Nakamura does not disclose
wherein the first protruding surface is an arcuate surface having a radius of curvature of 0.30 mm or less in a first sliding contact region,
wherein the second protruding surface is an arcuate surface having a radius of curvature of 0.30 mm or less in a second 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.
The combination of Esser and Nakamura discloses
wherein the first vertex of the first rail portion is located between the pair of first bevel surfaces (first vertex of Nakamura between bevel surfaces of Esser), so that the pair of first bevel surfaces form a mirror image of each other with respect to a plane passing through the first vertex and orthogonal to the axial direction (Esser 7, 7 form a mirror image), wherein the second vertex of the second rail portion is located between the pair of second bevel surfaces (first vertex of Nakamura between bevel surfaces of Esser), so that the pair of second bevel surfaces form a mirror image of each other with respect to a plane passing through the second vertex and orthogonal to the axial direction (Esser 7, 7 form a mirror image).
Regarding Claim 2, Esser discloses an oil control ring (fig 4) comprising : a main body portion having an annular shape (annular shape of main body portion of 2’), that includes an inner peripheral surface (inner peripheral surface of 2’) and an outer peripheral surface (outer peripheral surface of 2’), 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 2’); and a coil expander (Col 1 Lines 7 - 9) installed along the inner peripheral surface (inner peripheral surface of 2’), wherein the main body portion includes a pair of first rail portion (2 on the left) and second rail portion (2 on the right) each having an annular shape (annular shape of 2 and 2), and a pillar portion (11) connecting the first rail portion and the second rail portion (portion connecting 2 and 2),
wherein the outer peripheral surface of the first rail portion includes a first protruding surface having a cross-sectional shape protruding convexly outward in a radial direction (first protruding convex surface 2’ on the left),
wherein the outer peripheral surface of the second rail portion includes a second protruding surface having a cross-sectional shape protruding convexly outward in the radial direction (second protruding convex surface 2’ on the right),
wherein the outer peripheral surface of the first rail portion includes the first protruding surface ( protruding surface of 2’ on the left) and a pair of first bevel surfaces (7, 7 on the left) that are tapered surfaces each inclined at a substantially equal predetermined angle with respect to the radial direction (fig 4), wherein the first vertex of the first rail portion is located between the pair of first bevel surfaces (vertex of 2’ between 7 and 7), so that the pair of first bevel surfaces form a mirror image of each other with respect to a plane passing through the first vertex and orthogonal to the axial direction (7 and 7 form a mirror image), and wherein the outer peripheral surface of the second rail portion includes the second protruding surface (protruding surface of 2’ on the right) and a pair of second bevel surfaces (7 and 7 on the right) that are tapered surfaces each inclined at the substantially equal predetermined angle with respect to the radial direction (fig 4), wherein the second vertex of the second rail portion is located between the pair of second bevel surfaces (vertex of 2’ between 7 and 7), so that the pair of second bevel surfaces form a mirror image of each other with respect to a plane passing through the second vertex and orthogonal to the axial direction (7 and 7 form a mirror image).
Esser does not disclose
wherein at least a part of the first protruding surface is located on a first virtual convex surface passing through a first vertex that is an outermost point in the radial direction of the first rail portion,
wherein at least a part of the second protruding surface is located on a second virtual convex surface passing through a second vertex that is an outermost point in the radial direction of the second rail portion.
However, Nakamura teaches
wherein at least a part of the first protruding surface is located on a first virtual convex surface passing through a first vertex that is an outermost point in the radial direction of the first rail portion (first vertex is an outermost point of 34, fig 3),
wherein at least a part of the second protruding surface is located on a second virtual convex surface passing through a second vertex that is an outermost point in the radial direction of the second rail portion (second vertex is an outermost point of 34, fig 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the first and second protruding surfaces of Esser with the arcuate surface as in Nakamura with a reasonable expectation of success so that the protruding surfaces scrape off the oil adhering to the inner surface of the cylinder and thereby reducing the oil consumption (Nakamura Para 0044).
Esser does not disclose
a pair of first points each spaced apart from the first vertex by 0.05 mm on both sides in an axial direction and positioned inward in the radial direction at a predetermined drop,
and a pair of second points each spaced apart from the second vertex by 0.05 mm on both sides in the axial direction and positioned inward in the radial direction at the predetermined drop.
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, the combination of Esser and Nakamura discloses the oil control ring,
wherein the outer peripheral surface of the first rail portion further includes a first-rail first arcuate surface including the first vertex (Nakamura first vertex), and a pair of first-rail second arcuate surfaces each connecting the first-rail first arcuate surface to one of the pair of first bevel surfaces respectively (Esser bevel surfaces with first-rail second arcuate surface as seen in examiner annotated Nakamura fig 3 below),
wherein the outer peripheral surface of the second rail portion further includes a second- rail first arcuate surface including the second vertex, and a pair of second-rail second arcuate surfaces each connecting the second-rail first arcuate surface to one of the pair of second bevel surfaces respectively (second- rail first arcuate surface as seen in examiner annotated Nakamura fig 3 below including the second vertex and a pair of second-rail second arcuate surface as seen in examiner annotated Nakamura fig 3 below each connecting the second-rail first arcuate surface to one of the pair of second bevel surfaces of Esser),
wherein a radius of curvature of the first-rail first arcuate surface is greater than each radius of curvature of the first-rail second arcuate surfaces (as seen in examiner annotated Nakamura fig 3 below), and
wherein a radius of curvature of the second-rail first arcuate surface is greater than each radius of curvature of the second-rail second arcuate surfaces (as seen in examiner annotated Nakamura fig 3 below).
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Regarding Claim 5, the combination of Esser and Nakamura discloses the oil control ring,
wherein the outer peripheral surface of the first rail portion further includes a first-rail first arcuate surface including the first vertex (as seen in examiner annotated Nakamura fig 3 below), and a pair of first-rail second arcuate surfaces each connecting the first-rail first arcuate surface to one of the pair of first bevel surfaces respectively (as seen in examiner annotated Nakamura fig 3 below with Esser bevel surfaces), wherein the outer peripheral surface of the second rail portion further includes a second- rail first arcuate surface including the second vertex (as seen in examiner annotated Nakamura fig 3 below), and a pair of second-rail second arcuate surfaces each connecting the second-rail first arcuate surface to one of the pair of second bevel surfaces respectively (as seen in examiner annotated Nakamura fig 3 below with Esser bevel surfaces),
wherein a radius of curvature of the first-rail first arcuate surface is greater than each radius of curvature of the first-rail second arcuate surfaces (as seen in examiner annotated Nakamura fig 3 below), and
wherein a radius of curvature of the second-rail first arcuate surface is greater than each radius of curvature of the second-rail second arcuate surfaces (as seen in examiner annotated Nakamura fig 3 below).
Regarding Claim 6, the combination of Esser and Nakamura discloses the oil control ring
wherein a ratio R2/R1 of the radius of curvature R2 of the first-rail second arcuate surface to the radius of curvature R1 of the first-rail first arcuate surface,
wherein a ratio R2/R1 of the radius of curvature R2 of the second-rail second arcuate surface to the radius of curvature R1 of the second-rail first arcuate surface.
Nakamura does not disclose
wherein a ratio R2/R1 of the radius of curvature R2 of the first-rail second arcuate surface to the radius of curvature R1 of the first-rail first arcuate surface,
wherein a ratio R2/R1 of the radius of curvature R2 of the second-rail second arcuate surface to the radius of curvature R1 of the second-rail first arcuate surface.
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.
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Allowable Subject Matter
Claims 7 and 8 are allowed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: The prior art does not disclose or fairly suggest the oil control ring as claimed in independent claims of the application. The examiner can find no motivation to combine or modify the reference without the use of impermissible hindsight.
Regarding Claim 7, Esser discloses an oil control ring (fig 4) comprising : a main body portion having an annular shape (annular shape of body of 2’), that includes an inner peripheral surface (inner peripheral surface of 2’) and an outer peripheral surface (outer peripheral surface of 2’), 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 2’); and a coil expander (Col 1 Lines 7 - 9) installed along the inner peripheral surface (at the inner peripheral surface of 2’),wherein the main body portion includes a pair of first rail portion (2’ on the left) and second rail portion (2’ on the right) each having an annular shape (annular shape of 2’ and 2’), and a pillar portion connecting the first rail portion and the second rail portion (portion connecting 2’ and 2’),
wherein the outer peripheral surface of the first rail portion includes a first protruding surface having a cross-sectional shape protruding convexly outward in a radial direction (first protruding surface of 2’ on the left), wherein the outer peripheral surface of the second rail portion includes a second protruding surface having a cross-sectional shape protruding convexly outward in the radial direction (first protruding surface of 2’ on the left),
wherein a cross-sectional shape of the second rail portion is a mirror image of a cross- sectional shape of the first rail portion with respect to a plane passing through a center of the main body portion in a width direction and orthogonal to the axial direction (2’ and 2’ are mirror images),
wherein the outer peripheral surface of the second rail portion includes the second protruding surface ( second protruding surface of 2’ on the right ) and a pair of second bevel surfaces that are tapered surfaces each inclined at the substantially equal predetermined angle with respect to the radial direction (7 and 7 at equal angles),
The prior art does not disclose
wherein the first protruding surface includes a first sliding contact region including a pair of first partial arcuate surfaces and a first flat portion, wherein the pair of first partial arcuate surfaces are provided on the one side surface and the other side surface, respectively, wherein the first flat portion extends in parallel with an axial direction so as to connect the pair of first partial arcuate surfaces, wherein the second protruding surface includes a second sliding contact region including a pair of second partial arcuate surfaces and a second flat portion, wherein the pair of second partial arcuate surfaces are provided on the one side surface and the other side surface, respectively, wherein the second flat portion extends in parallel with the axial direction so as to connect the pair of second partial arcuate surfaces,
wherein the pair of first partial arcuate surfaces are each a part of a first 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 first sliding contact region, wherein the pair of second partial arcuate surfaces are each a part of a second arcuate surface having a radius of curvature of 0.30 mm or less (excluding a range where a radial drop is 25 urn or more) and passing through both axial ends of the second sliding contact region,
wherein the first sliding contact region has a cross-sectional shape symmetrical with respect to a first virtual vertex that is a virtual outermost point of the first arcuate surface in the radial direction, wherein the second sliding contact region has a cross-sectional shape symmetrical with respect to a second virtual vertex that is a virtual outermost point of the second arcuate surface in the radial direction,
wherein the outer peripheral surface of the first rail portion includes the first protruding surface and a pair of first bevel surfaces that are tapered surfaces each inclined at a substantially equal predetermined angle with respect to the radial direction, wherein the first virtual vertex is located between the pair of first bevel surfaces, so that the pair of first bevel surfaces form a mirror image of each other with respect to the plane passing through the first virtual vertex and orthogonal to the axial direction, and
wherein the second virtual vertex is located between the pair of second bevel surfaces, so that the pair of second bevel surfaces form a mirror image of each other with respect to the plane passing through the second virtual vertex and orthogonal to the axial direction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 from Monday-Friday, 9:00 AM-4:00 PM.
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.
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/L. SUSMITHA KONERU/Examiner, Art Unit 3675
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