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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 8-9, 11-17 and 21-23 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 17 recite “wherein another one of the plurality of start parameters comprises a static pressure of the air outside of the engine inlet” and “a third of the plurality of start parameters comprising a static pressure of the air outside of the engine inlet” respectively. While the original disclosure discusses the static pressure of the air at the inlet, it is silent on a static pressure of the air outside of the engine inlet. Therefore this is new matter.
Claims dependent thereon inherit the deficiencies of the respective base claim.
Claim Objections
Claims 2-3 are objected to because of the following informalities:
Claims 2 and 3 recite “an aircraft” and should recite “the aircraft”.
Appropriate correction is required.
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 1-3, 8, 12-16 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Dewis (US 2003/0056521) in view of Bellis et al. (US 2011/0072879) and Winston et al. (US 2011/0259016).
Regarding claim 1, Dewis discloses an operating method (abstract), comprising:
determining a plurality of start parameters (Figure 8 shows collecting a plurality of start parameters) for a gas turbine engine (Abstract), the gas turbine engine including a flowpath (Figure 1, along flow arrows) that extends from an engine inlet (at 22) into the gas turbine engine, through a compressor section of the (Figure 1, left side of 12) gas turbine engine and a turbine section (Figure 1, right side of 12) of the gas turbine engine, to an exhaust (at left most arrow just downstream of 16) from the gas turbine engine, a first of the plurality of start parameters indicative of a temperature of air at the engine inlet into the gas turbine engine (paragraph 11 describes ambient temperature, i.e. the temperature of the air which enters the engine inlet), and wherein another one of the plurality of start parameters comprises a static pressure of the air outside of the engine inlet (paragraphs 11 and 30 describe atmospheric pressure, i.e. the static pressure of the air outside of the engine inlet);
driving rotation of a rotating assembly (paragraph 11 describes compressor and turbine) of the gas turbine engine, the rotating assembly including a compressor rotor (Figure 1, 14) and a turbine rotor (Figure 1, 16), the compressor rotor within the compressor section of the gas turbine engine (Figure 1, left side of 12), and the turbine rotor within the turbine section of the gas turbine engine (Figure 1, right side of 12), wherein the rotation of the rotating assembly is driven based on one or more of the plurality of start parameters (paragraph 30 describes measuring the exhaust gas temperature to determine that light-off has occurred as part of the start procedure and adjustment to the fuel flow, and thus the rotation of the rotating assembly occurs after that);
directing fuel (through fuel orifices 30) into a combustion chamber (28) of the gas turbine engine based on the plurality of start parameters and a speed parameter (paragraph 30 describes fuel flow is increased as engine speed is increased in after t3), the speed parameter indicative of a speed of the rotation of the rotating assembly (paragraph 30 describes the rotational speed of the compressor blades 14 and turbine blades 16, i.e. rotating assembly, as the engine speed); and
igniting a mixture of the fuel and compressed air within the combustion chamber to start the gas turbine engine (paragraph 30 describes igniting the fuel and air at step 50, shown at time t1).
Dewis is silent on the gas turbine engine being for an aircraft, a second of the plurality of start parameters is indicative of a dynamic pressure of the air at the engine inlet, and a third of the plurality of start parameters is indicative of an altitude of an aircraft that comprises the gas turbine engine, wherein the dynamic pressure of the air at the engine inlet is measured using a sensor located outside of the flowpath, and wherein another one of the plurality of start parameters comprises a static pressure of the air outside of the engine inlet.
Bellis teaches wherein the gas turbine engine (Figure 1, 10) includes a flowpath that extends from the engine inlet (Figure 1, 20) into the gas turbine engine (the flowpath extends from the exit of engine inlet 20 and proceeds to the right in figure 1), through the compressor section (Figure 1, 12) of the gas turbine engine and the turbine section (Figure 1, forward end of 16) of the gas turbine engine, to an exhaust (Figure 1, aft end of 16 after the turbine blades) from the gas turbine engine; and
a second of the plurality of start parameters is indicative of a dynamic pressure of the air at the engine inlet (Figure 1, sensor 26 on engine inlet 20, see paragraph 19), and the dynamic pressure of the air at the engine inlet is measured using a sensor (Figure 1, sensor 26 on engine inlet 20, see paragraph 19), located outside of the flowpath (Figure 1 shows the inlet sensor 26 is on the inlet upstream of the start of the flowpath, which starts at the exit of inlet 20).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date to modify Dewis’s invention to include a second of the plurality of start parameters is indicative of a dynamic pressure of the air at the engine inlet, and the dynamic pressure of the air at the engine inlet is measured using a sensor located outside of the flowpath in order to operate the engine efficiently by using real time data as suggested and taught by Bellis in paragraphs 19-21.
Dewis in view of Bellis are silent on the gas turbine engine being for an aircraft, and a third of the plurality of start parameters is indicative of an altitude of an aircraft that comprises the gas turbine engine.
Winston teaches the gas turbine engine being for an aircraft (paragraph 12 describes the engine being an auxiliary power unit and paragraph 20 describes starting the engine at high altitude (e.g. above 30,000 ft), i.e. an APU on an aircraft during flight), and a third of the plurality of start parameters is indicative of an altitude of an aircraft that comprises the gas turbine engine (paragraph 24 describes the start procedure may be operated only in specific areas of the operating envelope such as at high altitudes, this necessarily requires that one of the start parameters must include altitude to determine if the start procedure can occur).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date to modify Dewis in view of Bellis’s invention to include the gas turbine engine being for an aircraft, and a third of the plurality of start parameters is indicative of an altitude of an aircraft that comprises the gas turbine engine in order to decrease the likelihood of start failure at high altitudes as suggested and taught by Winston in paragraphs 3-4.
Regarding claim 2, Dewis in view of Bellis and Winston teach the invention claimed and described above.
Winston further teaches an auxiliary power unit (paragraph 2) of an aircraft comprises the gas turbine engine (paragraph 20 describes an altitude of above 30,000 ft, which is higher than all points on earth, so an aircraft is implied).
“When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person having ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product of innovation, but of ordinary skill and common sense.” KSR at 1397.
In this case, a gas turbine engine can be used as an auxiliary power unit of an aircraft, a propulsion unit of an aircraft or for production of electrical power on the ground. One having ordinary skill in the art could have pursued the known potential options (using the gas turbine engine as an auxiliary power unit of an aircraft, a propulsion unit of an aircraft or for production of electrical power on the ground) with a reasonable expectation of success.
Therefore, an auxiliary power unit of an aircraft comprises the gas turbine engine would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product of innovation, but of ordinary skill and common sense”.
Regarding claim 3, Dewis in view of Bellis and Winston teach the invention claimed and described above. Winston further teaches wherein the plurality of start parameters are determined when an aircraft comprising the gas turbine engine is at an altitude above twenty-five thousand feet (paragraph 20 describes operating the start sequence, and thus collecting the start parameters, at an altitude above 30,000 ft).
Regarding claim 8, Dewis in view of Bellis and Winston teach the invention claimed and described above. Dewis further teaches wherein another one of the plurality of start parameters is indicative of a temperature of the gas turbine engine (paragraph 30 describes measuring the exhaust gas temperature to determine that light-off has occurred as part of the start procedure).
Regarding claim 12, Dewis in view of Bellis and Winston teach the invention claimed and described above.
Winston further teaches wherein the fuel is directed into the combustion chamber using an electric fuel pump (paragraph 16 describes a fuel pump controlled by the FADEC, i.e. an electric fuel pump).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date to modify Dewis in view of Bellis and Winston’s invention to include wherein the fuel is directed into the combustion chamber using an electric fuel pump in order to provide precise fuel control by the FADEC as suggested and taught by Winston in paragraph 16.
Regarding claim 13, Dewis in view of Bellis and Winston teach the invention claimed and described above. Dewis further teaches wherein the fuel is directed into the combustion chamber to control a ratio of the fuel and the compressed air within the combustion chamber independent of a speed of the rotation of the rotating assembly (Figure 6 shows the fuel is supplied to the engine independent of the engine speed from t2 to after t3 and the flow of fuel will necessarily control the ratio of the fuel and compressed air).
Regarding claim 14, Dewis in view of Bellis and Winston teach the invention claimed and described above. Dewis further teaches operating one or more ignitors to remove ice buildup on the one or more ignitors (paragraph 11 describes activating an igniter, which will necessarily remove buildup of ice if any is present), wherein the one or more ignitors are used to ignite the mixture of the fuel and the compressed air within the combustion chamber (paragraph 11).
Regarding claim 15, Dewis in view of Bellis and Winston teach the invention claimed and described above. Dewis further teaches wherein at least one of the rotation of the rotating assembly is driven at a steady rate during the igniting of the mixture of the fuel and the compressed air; or
the fuel is directed into the combustion chamber at a steady rate during the igniting of the mixture of the fuel and the compressed air (Figure 6 shows the fuel is supplied at a steady rate from t2 to after t3 while the igniter is igniting, which occurs at t1 until light-off is sensed).
Regarding claim 16, Dewis in view of Bellis and Winston teach the invention claimed and described above. Dewis further teaches wherein at least one of the rotation of the rotating assembly is driven at a variable rate during the igniting of the mixture of the fuel and the compressed air (Figure 6 shows the engine speed is increasing, i.e. is driven at a variable rate, from t2 to after t3 while the igniter is igniting, which occurs at t1 until light-off is sensed); or
the fuel is directed into the combustion chamber at a variable rate during the igniting of the mixture of the fuel and the compressed air.
Regarding claim 23, Dewis in view of Bellis and Winston teach the invention claimed and described above. Bellis further teaches wherein an inlet section (Figure 1, 21) of the gas turbine engine (Figure 1, 10) is arranged between the engine inlet (Figure 1, 20) into the gas turbine engine and the compressor section (Figure 1, 12) of the gas turbine engine.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Dewis (US 2003/0056521) in view of Bellis et al. (US 2011/0072879) and Winston et al. (US 2011/0259016), and further in view of Torvund (US 2020/0006938).
Regarding claim 9, Dewis in view of Bellis teach the invention as claimed and described above. Dewis further teaches wherein the rotation of the rotating assembly is driven by an electric machine electrically coupled to a power source (paragraph 30 describes providing electrical assistance via an electric motor powered by a battery).
Dewis in view of Bellis and Winston is silent on another one of the plurality of start parameters is indicative of electric power available from the power source for powering the electric machine.
Torvund teaches another one of the plurality of start parameters is indicative of electric power available from the power source for powering the electric machine (paragraph 56 describes ascertaining that the batteries have sufficient power for the start operation as part of the start routine).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date to modify Dewis in view of Bellis and Winston’s invention to include another one of the plurality of start parameters is indicative of electric power available from the power source for powering the electric machine in order to ensure a start can be successfully performed as suggested and taught by Torvund in paragraph 56.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Dewis (US 2003/0056521) in view of Bellis et al. (US 2011/0072879) and Winston et al. (US 2011/0259016), and further in view of Schuh (US Patent 4,627,234).
Regarding claim 11, Dewis in view of Bellis and Winston teach all the essential features of the claimed invention except determining a surge control line for the compressor section based on one or more of the plurality of start parameters; and
operating a surge control valve of the gas turbine engine at the surge control line.
Schuh teaches determining a surge control line for the compressor section based on one or more of the plurality of start parameters (col. 6, ll. 50-68 describe determining a surge control line using ambient pressure or altitude); and
operating a surge control valve of the gas turbine engine at the surge control line (col. 6, ll.45-49 describes opening surge control valve 94 when the operations reach the surge control line).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date to modify Dewis in view of Bellis and Winston’s invention to include determining a surge control line for the compressor section based on one or more of the plurality of start parameters; and
operating a surge control valve of the gas turbine engine at the surge control line in order to prevent compressor surge and protect the pressure sensors from damage resulting from pressure reversals as suggested and taught by Schuh in col. 7, ll. 21-25.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Dewis (US 2003/0056521) in view of Upadhyay et al. (US 2011/0083419).
Regarding claim 17, Dewis discloses an operating method (abstract), comprising:
determining a plurality of start parameters (Figure 8 shows collecting a plurality of start parameters) for a gas turbine engine (Abstract), a first of the plurality of start parameters indicative of a temperature of air at an engine inlet into the gas turbine engine (paragraph 11 describes ambient temperature, i.e. the temperature of the air which enters the engine inlet of the gas turbine engine), and a third of the plurality of start parameters comprising a static pressure of the air outside of the engine inlet (paragraphs 11 and 30 describe atmospheric pressure, i.e. the static pressure of the air outside of the engine inlet);
driving rotation of a rotating assembly (paragraph 11 describes compressor and turbine) of the gas turbine engine based on the plurality of start parameters (paragraph 11 describes igniting the igniter based on the ambient conditions and flowing fuel to obtain a correct fuel to air ratio, which is dependent on ambient air conditions), the rotating assembly including a compressor rotor (Figure 1, 14) and a turbine rotor (Figure 1, 16), the compressor rotor within a compressor section of the gas turbine engine (Figure 1, left side of 12), and the turbine rotor within a turbine section of the gas turbine engine (Figure 1, right side of 12);
directing fuel (through fuel orifices 30) into a combustion chamber (28) of the gas turbine engine based on the plurality of start parameters, wherein the air enters the gas turbine engine through the engine inlet and is compressed by the compressor section to provide to compressed air to the combustion chamber (Figure 1 shows air comes in through air intake passage 22, is compressed by the compressor section at 14 and then flows into the combustions chamber 28); and
igniting a mixture of the fuel and compressed air within the combustion chamber to start the gas turbine engine (paragraph 30 describes igniting the igniter at step 50, shown at time t1 in figure 6 and the ignition continues until light-off is measured at t3), wherein the rotation of the rotating assembly is driven at a steady rate during the igniting of the mixture of the fuel and the compressed air (Figure 6 shows that between t2 and t3 the speed is constant, i.e. the rotating assembly is driven at a steady rate), and the fuel is directed into the combustion chamber at a steady rate during the igniting of the mixture of the fuel and the compressed air (Figure 6 shows that between t2 and t3 the fuel flow Wf is constant during this ignition period).
Dewis is silent on a second of the plurality of start parameters indicative of a dynamic pressure of the air at the engine inlet, and the temperature of air at the engine inlet and the dynamic pressure of the air at the engine inlet are measured outside of the engine inlet.
Upadhyay teaches a second of the plurality of start parameters indicative of a dynamic pressure of the air at the engine inlet (Figure 1, sensor 26 on 20, see paragraph 16), and the temperature of air at the engine inlet (paragraph 16 describes sensors 26 on 20 measuring ambient air temperature) and the dynamic pressure of the air at the engine inlet (Figure 1 shows and paragraph 16 describes the dynamic temperature sensor and ambient air temperature sensor on structure 20, which is upstream of engine inlet 21) are measured outside of an engine inlet (Figure 1, 21).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date to modify Dewis’s invention to include the pressure of the air at the engine inlet is a dynamic pressure of the air at the engine inlet, and the dynamic pressure of the air at the engine inlet are measured outside of the engine inlet. in order to operate the engine efficiently by using real time data as suggested and taught by Upadhyay in paragraphs 16-18.
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Dewis (US 2003/0056521) in view of Bellis et al. (US 2011/0072879) and Winston et al. (US 2011/0259016), and further in view of Chen et al. (US 2015/0354459).
Regarding claim 21, Dewis in view of Bellis and Winston teach all the essential features of the claimed invention except wherein the plurality of start parameters are determined when an aircraft comprising the gas turbine engine is at an altitude above thirty-five thousand feet.
Chen teaches when an aircraft (paragraph 3) comprising the gas turbine engine (paragraph 3 describes an auxiliary power unit) is at an altitude above thirty-five thousand feet (paragraph 34 describes starting the gas turbine engine when the engine is at 45,000+ feet).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Dewis in view of Bellis and Winston’s invention to include wherein the plurality of start parameters are determined (in the system of Dewis in view of Bellis, Winston and Chen, Dewis teaches determining ambient temperature and pressure, i.e. in the environment in which the aircraft is flying, and Chen teaches starting the engine at high altitude) when an aircraft comprising the gas turbine engine is at an altitude above thirty-five thousand feet in order to start the gas turbine engine and provide power and compressed air at high altitudes as suggested and taught by Chen in paragraph 3.
Regarding claim 22, Dewis in view of Bellis and Winston teach all the essential features of the claimed invention except wherein the plurality of start parameters are determined when an aircraft comprising the gas turbine engine is at an altitude above forty thousand feet.
Chen teaches when an aircraft (paragraph 3) comprising the gas turbine engine (paragraph 3 describes an auxiliary power unit) is at an altitude above forty thousand feet (paragraph 34 describes starting the gas turbine engine when the engine is at 45,000+ feet).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Dewis in view of Bellis and Winston’s invention to include wherein the plurality of start parameters are determined (in the system of Dewis in view of Bellis, Winston and Chen, Dewis teaches determining ambient temperature and pressure, i.e. in the environment in which the aircraft is flying, and Chen teaches starting the engine at high altitude) when an aircraft comprising the gas turbine engine is at an altitude above forty thousand feet in order to start the gas turbine engine and provide power and compressed air at high altitudes as suggested and taught by Chen in paragraph 3.
Response to Arguments
Applicant's arguments filed 10/1/2025 have been fully considered but they are not persuasive.
Applicant argues with respect to claim 1 on pages 7-8 of the response that Bellis fails to teach “wherein another one of the plurality of start parameters comprises a static pressure of the air outside of the engine inlet”. Dewis teaches considering the ambient conditions, including atmospheric pressure, in the fuel flow calculations in paragraph 6. The ambient pressure is by definition a static pressure outside of the engine inlet. Therefore, this argument is not persuasive.
Applicant argues with respect to claim 17 on pages 9-10 that Dewis in view of Upadhyay fails to teach a third of the plurality of start parameters comprising a static pressure of the air outside of the engine inlet” As described above, Dewis teaches considering the ambient conditions, including atmospheric pressure, in the fuel flow calculations in paragraph 6. The ambient pressure is by definition a static pressure outside of the engine inlet. Therefore, this argument is not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/KATHERYN A MALATEK/Primary Examiner, Art Unit 3741
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