DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to the claims filed 11/28/2025.
Claims 1-4 are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/28/2025 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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 3-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saiura in JP2010090715 (hereinafter “Saiura”).
Regarding claim 1, Saiura discloses a rotary device comprising: a shaft (the "turbine shaft 21"); an impeller (the "turbine impeller 23") that is provided at one end of the shaft; a first housing (the "turbine housing 3") that accommodates the impeller; a second housing (the "bearing housing 2") that is connected to the first housing, and accommodates a bearing for rotatably supporting the shaft; an annular flow path (the "nozzle flow path SA") that is formed between the first housing and the second housing and is positioned on the radially outer side of the impeller; a plurality of vanes (the "nozzle vane 53") that are disposed in the annular flow path along the circumferential direction thereof; a ring plate (the "nozzle ring 52" or "synchronization mechanism 6") that is disposed between the plurality of vanes and the second housing and holds the plurality of vanes. The plurality of vanes are fixed to the ring plate, and the ring plate includes a positioning surface (the "surface in contact with the bearing housing 2 with a member resembling a heat-shielding plate therebetween") that faces the radially inner side and comes into contact with the second housing from the radially outer side; and an elastic body (the "spring member 71") that is disposed between the ring plate and the second housing and presses the ring plate and the plurality of vanes in the axial direction, the positioning surface being positioned further to the radially inner side than the elastic body. In addition, the "spring member 71" of the invention disclosed in contact with the ring plate at a position further to the radially outer side than the edges of the plurality of vanes on the radially inner side (in particular, see fig. 2, etc.).
Regarding claim 3, Saiura discloses the rotary device according to claim 1, wherein the ring plate includes one of a protrusion and a groove that engages with the protrusion, and one of the first housing and the second housing includes the other of the protrusion and the groove (see Fig. 2 and 4; groove portion 2c in the housing accommodates a protrusion 56 and member 72 that are part of the ring plate 52).
Regarding claim 4, Saiura discloses the rotary device according to claim 1, wherein the elastic body 71 contacts the ring plate at a position radially outside of radially inner edges of the plurality of vanes 53 (Fig. 2; spring 71 contacts 72 which is considered part of the ring plate, and that point is radially outside of the radial inside of the vane 53).
Claim Rejections - 35 USC § 103
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saiura as applied above against claim 1 in view of Ramb et al. in US Patent Application Publication 2022/0325631 (hereinafter “Ramb”).
Regarding claim 2, Saiura discloses the rotary device according to claim 1, comprising: a scroll flow path that is formed in the first housing and that is positioned radially outside the annular flow path, but is silent to a radially outer edge of one of the plurality of vanes being positioned on a line segment connecting a tongue of the scroll flow path and an axis of the impeller when seen in the axial direction. Ramb teaches an analogous turbine rotary device to that of Saiura. Specifically, Ramb teaches employing exactly the structure set forth in claim 2 comprising a radially outer edge of one of a plurality of vanes in a turbine being positioned on a line segment connecting a tongue of a scroll flow path and an axis of the impeller when seen in the axial direction (see vanes 221 and tongues 127, 129 in Fig. 12B). Ramb teaches that such a configuration improves guidance of flow in the turbine (paragraph [0108]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the turbine of Saiura by configuring a radially outer edge of one of the plurality of vanes to be positioned on a line segment connecting a tongue of the scroll flow path and an axis of the impeller when seen in the axial direction because such a configuration improves guidance of flow, as taught by Ramb, and the result would have been predictable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Relevant Prior Art:
US20260055712 discloses a turbocharger with casing tongues aligned with radially outer edges of guide vanes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELDON T BROCKMAN whose telephone number is (571)270-3263. The examiner can normally be reached Mon-Fri 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Court Heinle can be reached at (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELDON T BROCKMAN/Primary Examiner, Art Unit 3799
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