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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/03/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 and 13-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a first external side of the battery case corresponding to the first battery module”. A dictionary meaning for corresponding regarding the way applicant appears to be using the term (as best understood by examiner) is “to compare closely : match — usually used with to or with” (Merriam-Webster online). However there is no discussion of the term “corresponding” in applicant disclosure as originally filed. It can’t be determined if for example if the heating element 102 matches the external side in fig. 7A for example because there is not shown for example the depth into the page of the heating element versus the depth into the page of the external side. Thus it would not have been reasonably clear to the public how to avoid infringing the claim. Claim 1 also recites “a second external side of the battery case corresponding to the second battery module” and this phrase is indefinite for the same reasons. Claim 17 recites similar phrases and is rejected for the same reasons. For purposes of examination the claim is interpreted such that an external side corresponding with a battery module communicates that the battery module is disposed next to the external side (see applicant par. 53, top referring to elected fig. 3A wherein the term “next to” is used) or the battery module is associated with the external side (see applicant par. 56 referring to elected fig. 7A).
Claims dependent thereon are rejected for the same reasons.
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) 1-7, 13-15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pub. No.: US 2021/0371116 A1 (Cartwright) in view of US Patent 3,649,366 (Jordan).
Regarding claim 1, Cartwright discloses a system (see fig. 9) for an aircraft (see par. 76), comprising: a rotor 10; a powerplant 11,28,32 configured to drive rotation of the rotor 10, the powerplant 11,28,32 including a heat engine 11 and an electric machine (28 or 32); a battery 30 electrically coupled (the battery 30 provides the motor 28 with electric power, see par. 147 and fig. 9; the generator 32 charges the battery 30, see par. 148 and annotated figure below) with the electric machine (28 or 32); a heating system (a “heater” for a chemical battery 8, see par. 97 bottom; such chemical battery 8 is similar to chemical battery 30 of fig. 9, see par. 147 top; one of ordinary skill in the art would understand the instant teaching of a battery heater is a blanket statement that applies to all embodiments of Cartwright and thus the fig. 9 embodiment of Cartwright would also have a heater) comprising an electric heating element and the heating system configured to heat the battery using the electric heating element (see par. 97, middle and bottom: “electrical power may be used … to power components of the propulsion system 2 ( e.g. … a heater arranged to maintain the chemical batteries 8 at a suitable temperature …)”; thus because the heater of Cartwright is powered by electric power it must comprise an electric heating element; this is consistent with applicant par. 4 that states: “The electric heating element is configured to receive electrical power …”). There was no special definition found in applicant disclosure that requires the claimed electric heating element to be a certain structure. Cartwright embodiment of fig. 9 does not explicitly disclose wherein the battery 30 of Cartwright comprises a first battery module and a second battery module in a battery case; and the heating system of Cartwright comprising both a first electric heating element and a second electric heating element, the heating system configured to heat the battery using both the first electric heating element and the second electric heating element; wherein the first electric heating element is mounted on a first external side of the battery case corresponding to the first battery module and thermally coupled to the first battery module through the first external side of the battery case, and the second electric heating element is mounted on a second external side of the battery case corresponding to the second battery module and thermally coupled to the second battery module through the second external side of the battery case.
Cartwright teaches the general concept of a first battery module and a second battery module (see par. 109 pointing out that a battery may have two or more cells or modules; this is consistent with applicant par. 42, bottom).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Cartwright embodiment of fig. 9 with the battery 30 of Cartwright comprises a first battery module and a second battery module as taught by Cartwright in order to facilitate increased battery capacity.
PNG
media_image1.png
449
508
media_image1.png
Greyscale
[AltContent: textbox (electric machine 32 charges battery 30 (see par. 148))][AltContent: arrow][AltContent: arrow]
Jordan teaches (see figs. 1-3) a battery case 10 (wherein a first battery module, left module 17, and a second battery module 17, right module 17, are in the battery case); and a first heating element (see fig. 3: “Left End Heater” resistive element) and a second electric heating element (see fig. 3: “Right End Heater” resistive element) (configured to heat a battery 10,17 using the first electric heating element and the second electric heating element); wherein the first electric heating element is mounted (see fig. 2 showing overall heating element 16 attached to battery case 10; this is consistent with heating element 102 mounted to battery case 110 in applicant fig. 3A) on a first external side (left side in fig. 1) of the battery case 21 corresponding to the first battery module and thermally coupled (the left heater is thermally coupled to the left module 17; see col. 2, ll. 4-10 and fig. 1) to the first battery module (17, left) through first external side of the battery case 21, and the second electric heating element (see fig. 3: “Right End Heater” resistive element) is mounted on a second external side (right side in fig. 1) corresponding to the second battery module of the battery case 21 and thermally coupled (the right heater is thermally coupled to the right module 17; see col. 2, ll. 4-10 and fig. 1) to the second battery module through the second external side of the battery case 21.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Cartwright with the first battery module and the second battery module in a battery case; both a first electric heating element and a second electric heating element, wherein the first electric heating element is mounted on a first external side of the battery case corresponding to the first battery module and thermally coupled to the first battery module through the first external side of the battery case, and the second electric heating element is mounted on a second external side of the battery case corresponding to the second battery module and thermally coupled to the second battery module through the second external side of the battery case. as taught by Jordan in order to facilitate providing sufficient total heat to the battery (see Jordan col. 2, ll. 5-15) to prevent battery failures (see col. 1, ll. 30-35).
Regarding claim 2, the combination of Cartwright in view Jordan teach the current invention as claimed and discussed above. The combination teaches the heating system (the first and second heating elements) is configured to maintain a temperature of the battery at or above a threshold. Cartwright teaches the heating system (heater in par. 97) is configured to maintain a temperature of a battery (see par. 97) at or above a threshold (at a suitable temperature; see par. 97, bottom). Also see col. 1, ll. 29-31 and claim 8 regarding Jordan.
Regarding claim 3, the combination of Cartwright in view Jordan teach the current invention as claimed and discussed above. The combination teaches the heating system is configured to heat the battery using the first electric heating element and the second electric heating element during aircraft flight. Cartwright discloses the heating system (heater in par. 97) is configured to heat the battery (i.e. battery in par. 97) using the electric heating element during aircraft flight (at high altitude of the aircraft 1 in fig. 1; see par. 97). The combination includes the heater of heating system of Cartwright having both the first and second heating elements. The Left and Right Heaters of Jordan (see the claim 1 analysis above wherein the such heaters correspond to the explanation regarding the claimed first and second heating elements) operate together at the same time when switch 20 is closed (see fig. 3 of Jordan).
Regarding claim 4, the combination of Cartwright in view Jordan teach the current invention as claimed and discussed above. Cartwright further discloses wherein the electric machine (28 or 32) is configurable as at least one of an electric motor during a motor mode of operation (the battery 30 provides the motor 28 with electric power during a motor mode, see par. 147 and fig. 9); or an electric generator during a generator mode of operation (the generator 32 charges the battery 30, see par. 148, or otherwise produces electrical power, see par. 149 middle stating “electrical power produced by the generator 32” during a generator mode) during a generator mode. It is noted that the instant claim 4 recitation is “in the alternative” and requires either an electric motor during a motor mode or an electric generator in during generator mode and not both. Cartwright meets the recitation either with the motor 28 or the generator 32.
Regarding claim 5, the combination of Cartwright in view Jordan teach the current invention as claimed and discussed above. Cartwright further discloses wherein the electric machine 28 is configured to receive electrical power from the battery 30 during the motor mode of operation (the battery 30 provides the motor 28 with electric power during a motor mode, see par. 147 and fig. 9).
Regarding claim 6, the combination of Cartwright in view Jordan teach the current invention as claimed and discussed above. Cartwright further discloses wherein the electric machine 32 is configured to provide electrical power to the battery during the generator mode of operation (the generator 32 charges the battery 30, see par. 148 and see annotated figure above, during a generator mode).
Regarding claim 7, The combination of Cartwright in view of Jordan teach the current invention as claimed and discussed above. Cartwright further discloses the heating system (i.e., heater in par. 97) is configured to receive electrical power from an electric machine 32 (see fig. 1; the heater in par. 97 receives power from power source 602,604, see par. 97, top and par. 93, top, wherein generator 32 of gas turbine 4 in fig. 1 is the power source 602) to electrically power the electric first heating element (see par. 97, bottom). The instant electric power powers the first and second heating elements of the combination (see fig. 3 of Jordan). This results in the heating system of the combination configured to receive electrical power from the generator 32 in Cartwright fig. 9.
Regarding claim 13, The combination of Cartwright in view of Jordan teach the current invention as claimed and discussed above. The embodiment of Cartwright fig. 9 does not explicitly disclose a geartrain mechanically coupling at least one of the heat engine or the electric machine to the rotor.
Cartwright teaches a geartrain mechanically coupling a heat engine to a rotor (see par. 142 teaching a geartrain connecting a turbine to a fan (of a gas turbine heat engine) (in the context of Cartwright fig. 9) (such geartrain may be a reduction geartrain; see Cartwright par. 50)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Cartwright in view of Jordan with a geartrain mechanically coupling the heat engine to the rotor as taught by Cartwright in order to improve propulsive efficiency by permitting the rotor 10 to rotate at a lower speed than the turbine 20 of gas turbine 11 in Cartwright fig. 9 of the combination wherein turbine 20 drives rotor 10 via shaft 24.
Regarding claim 14, The combination of Cartwright in view of Jordan teach the current invention as claimed and discussed above. Cartwright further discloses (see fig. 9) wherein the heat engine 11 comprises a gas turbine engine 11.
Regarding claim 15, The combination of Cartwright in view of Jordan teach the current invention as claimed and discussed above. Cartwright further discloses (see fig. 9) wherein the rotor 10 comprises a propulsor rotor 10.
Regarding claim 17, Cartwright discloses a system (see fig. 9) for an aircraft (see par. 76), comprising: a rotor 10; a powerplant 11,28,32 configured to rotatably drive (turbine 20 drives rotor 10 via shaft 24) the rotor 10, the powerplant 11,28,32 including a heat engine 11 and an electric machine 28, the electric machine 28 configurable as an electric motor 28 during a motor mode of operation (the battery 30 provides the motor 28 with electric power during motor mode, see par. 147 and fig. 9); a battery 30 electrically coupled (the battery 30 provides the motor 28 with electric power, see par. 147 and fig. 9) with the electric machine 28; an electric heating element (for a chemical battery 8, see par. 90 bottom, that is similar to chemical battery 30, see par. 147, top; one of ordinary skill would understand the instant teaching of a battery heater is a blanket statement that applies to all applies to all embodiments of Cartwright) (see par. 97, middle and bottom discussing battery heater; see par. 97, middle and bottom: “electrical power may be used … to power components of the propulsion system 2 ( e.g. … a heater arranged to maintain the chemical batteries 8 at a suitable temperature …)”) configured to receive electrical power from an electric machine 32 (see fig. 1; the heater in par. 97 receives power from power source 602,604, see par. 97, top and par. 93, top, wherein generator 32 of gas turbine 4 in fig. 1 is the power source 602) during a generator mode of operation to heat the battery.
Cartwright embodiment of fig. 9 does not explicitly disclose the electric machine 28 configurable as an electric generator during a generator mode of operation; wherein the battery 30 comprises a first battery module and a second battery module in a battery case; and the electric heating element of Cartwright discussed in the above paragraph comprises a first electric heating element mounted on a first external side of the battery case corresponding to the first battery module, and configured to receive electrical power from the electric machine during the generator mode of operation to heat the first battery module; and a second electric heating element mounted on a second external side of the battery case corresponding to the second battery module, and configured to receive electrical power from the electric machine during the generator mode of operation to heat the second battery module.
Cartwright teaches in the context of (i.e., in the same discussion as fig. 9) embodiment of fig. 9 an electric machine 28 configurable (see par. 144, wherein fig. 9 is discussed in pars. 143 and 145) as an electric generator 28 during a generator mode of operation (braking).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Cartwright embodiment of fig. 9 with the electric machine 28 configurable as an electric generator during a generator mode of operation as taught by Cartwright in order to provide efficient energy use and generate electricity for use by the powerplant and aircraft (see par. 4).
Cartwright teaches the general concept of a first battery module and a second battery module (see par. 109 pointing out that a battery may have two or more cells or modules; this is consistent with applicant par. 42, bottom).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Cartwright embodiment of fig. 9 with the battery 30 of Cartwright comprises a first battery module and a second battery module as taught by Cartwright in order to facilitate increased battery capacity.
Jordan teaches (see figs. 1-3) a battery case 10 (wherein a first battery module 17,left and a second battery module 17,right are in the battery case); and a heating element comprises a first heating element (see fig. 3: “Left End Heater” resistive element) and a second electric heating element (see fig. 3: “Right End Heater” resistive element); wherein the first electric heating element is mounted (see fig. 2 showing overall heating element 16 attached to battery case 10; this is consistent with heating element 102 mounted to battery case 110 in applicant fig. 3A) on a first external side (left side in fig. 1) of the battery case 21 and the second electric heating element is mounted on a second external side (right side in fig. 1) of the battery case 21.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Cartwright with a battery case (wherein the first battery module and the second battery module are in the battery case); and the heating element comprises a first heating element and a second electric heating element; wherein the first electric heating element is mounted on a first external side of the battery case corresponding to the first battery module and the second electric heating element is mounted on a second external side of the battery case corresponding to the second battery module as taught by Jordan in order to facilitate providing sufficient total heat to the battery (see Jordan col. 2, ll. 5-15).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cartwright in view of Jordan as applied to claim 1 above, and further in view of US 2020/0277874 A1 (Thomassin).
Regarding claim 16, The combination of Cartwright in view of Jordan teach the current invention as claimed and discussed above. Cartwright further discloses an aircraft fuselage (one of ordinary skill would understand the aircraft of Cartwright fig. 9 to have a fuselage; this is evidenced by the fuselage 5 in Cartwright fig. 1). Cartwright embodiment of fig. 9 does not explicitly disclose the battery arranged within the aircraft fuselage; and a propulsion system nacelle housing the powerplant 11,28,32 in fig. 9.
Cartwright teaches a (see figs. 1-2) propulsion system nacelle (see discussion of nacelle 21 in par. 90, top) housing a powerplant.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Cartwright in view of Jordan with a propulsion system nacelle housing the powerplant as taught by Cartwright in order to facilitate providing an aerodynamic structure protecting the powerplant to reduce drag.
Thomassin teaches a gas turbine (see abstract) and further teaches a battery (see par. 28) arranged within an aircraft fuselage 12 (see figs. 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Cartwright in view of Jordan with the battery arranged within the aircraft fuselage as taught by Thomassin in order to facilitate optimizing space availability (see Thomassin par. 28).
Response to Arguments
Applicant's arguments filed 04/03/2026 have been fully considered but they are not persuasive. Applicant argues on page 6 that “the combination of Cartwright and Jordan fails to disclose that the first electric heating element is mounted on a first external side of the battery case corresponding to the first battery module and thermally coupled to the first battery module through the first external side of the battery case, and the second electric heating element is mounted on a second external side of the battery case corresponding to the second battery module and thermally coupled to the second battery module through the second external side of the battery case”. In response Jordan teaches a first heating element (see fig. 3: “Left End Heater” resistive element) and a second electric heating element (see fig. 3: “Right End Heater” resistive element) (configured to heat a battery 10,17 using the first electric heating element and the second electric heating element); wherein the first electric heating element is mounted (see fig. 2 showing overall heating element 16 attached to battery case 10; this is consistent with heating element 102 mounted to battery case 110 in applicant fig. 3A) on a first external side (left side in fig. 1) of the battery case 21 corresponding to the first battery module and thermally coupled (the left heater is thermally coupled to the left module 17; see col. 2, ll. 4-10 and fig. 1) to the first battery module (17, left) through first external side of the battery case 21, and the second electric heating element (see fig. 3: “Right End Heater” resistive element) is mounted on a second external side (right side in fig. 1) corresponding to the second battery module of the battery case 21 and thermally coupled (the right heater is thermally coupled to the right module 17; see col. 2, ll. 4-10 and fig. 1) to the second battery module through the second external side of the battery case 21.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC J AMAR whose telephone number is (571)272-9948. The examiner can normally be reached M-F 9:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devon Kramer can be reached at (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARC AMAR/Examiner, Art Unit 3741 /DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741
Prosecution Insights