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 .
Claims 1-12 are currently pending. Claims 1-12 are rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 29, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barthelet et al. (US 2013/0078083 A1), hereinafter Barthelet.
Regarding Claim 1, Figures 1-6 of Barthelet disclose a turbine, comprising: a turbine impeller (18); a plurality of nozzle vanes (50) that are placed on a radially outer side with respect to the turbine impeller (18) so as to be spaced apart from each other in a circumferential direction (see circumferential direction in view of Figure 4) of the turbine impeller (18), and are each provided so as to be pivotable about a pivot axis (longitudinal axis of 70) extending along an axial direction (horizontally in view of Figure 1) of the turbine impeller (18); a first annular member (60) and a second annular member (40) that extend in the circumferential direction and sandwich the plurality of nozzle vanes (50) from both sides in the axial direction; and at least one groove (46) that is formed in a surface (44 or 66) opposed to the plurality of nozzle vanes (50) in at least one of the first annular member (60) or the second annular member (40), and extends in a direction inclined with respect to the circumferential direction. An inclination may be any direction from 0 to 360° [0024-0030]. Please note that there are multiple embodiments disclosed by Barthelet expected to have the same general turbine structure but vary in grooves (Figures 2-6 disclosing one groove pattern, Figure 6 disclosing another groove pattern, paragraph [0036] disclosing another groove pattern, paragraph [0008] disclosing a groove location on 66 instead of just 44), which meet Claim 1 and would be referred to as appropriate in addressing the different dependent claim limitations.
Regarding Claim 2, Barthelet discloses the turbine as set forth in Claim 1.
Barthelet discloses wherein, when viewed in the axial direction, the at least one groove (46) extends along an outer edge of a corresponding one of the plurality of nozzle vanes (50) when an opening degree of the corresponding one of the plurality of nozzle vanes (50) is a specific opening degree. Paragraph [0036] describes an embodiment where the grooves (46) conform to the outer profiles of the vanes (50), which is interpreted as extending along the vanes in order to conform to the profiles.
Regarding Claim 3, Barthelet discloses the turbine as set forth in Claim 1.
Figures 2-6 and 9 of Barthelet disclose embodiments wherein, when viewed in the axial direction, the at least one groove (46, 46’) intersects with a corresponding one of the plurality of nozzle vanes (50) regardless of an opening degree of the corresponding one of the plurality of nozzle vanes (50) [0030-0031, 0035].
Regarding Claim 4, Barthelet discloses the turbine as set forth in Claim 1.
Figure 9 of Barthelet discloses an embodiment wherein the at least one groove (46’) extends from an inner peripheral edge (inner edge of 40’) to an outer peripheral edge (outer edge of 40’) of the surface (of 40’) [0035].
Regarding Claim 5, Barthelet discloses the turbine as set forth in Claim 1.
Figures 1-2 of Barthelet disclose further comprising a third annular member (80) that is provided on a side opposite the plurality of nozzle vanes (50) with respect to the second annular member (40), extends in the circumferential direction (circumferential in view of Figure 4), and is provided so as to be pivotable in conjunction with the plurality of nozzle vanes (50) [0026-0027]. Paragraph [0008] discloses an embodiment wherein the at least one groove (46) is formed in at least the first annular member (60). Paragraph [0008] states the grooves are on the face of the opposite nozzle wall compared to the nozzle ring. Paragraph [0025] clarifies this is the face (66) of (60) opposite of nozzle ring (40).
Regarding Claim 6, Barthelet discloses the turbine as set forth in Claim 1.
Figures 1-2 of Barthelet disclose further comprising a third annular member (80) that is provided on a side opposite the plurality of nozzle vanes (50) with respect to the second annular member (40), extends in the circumferential direction (circumferential in view of Figure 4), and is provided so as to be pivotable in conjunction with the plurality of nozzle vanes (50) [0026-0027]. Figures 2 and 9 disclose an embodiments wherein the at least one groove (46) is formed in at least the second annular member (40, 40’) [0030-0031, 0035].
Regarding Claims 7-12, Barthelet discloses the turbine as set forth in Claims 1-6, respectively.
Figure 1 of Barthelet discloses a turbocharger (10) comprising the turbine (section including housing 20, wheel 18) [0024].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELTON K WONG whose telephone number is (408)918-7626. The examiner can normally be reached Mon-Fri 8:00AM - 5:00PM PST.
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/ELTON K WONG/Primary Examiner, Art Unit 3745
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