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 .
Claim Objections
Claim 23 is objected to because of the following informalities:
change claim 23 line 14 accordingly: “located radially outboard of [[an]] and extending”
Appropriate correction is required.
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, 3, 7, 9, 12-15, 21, 22, 27 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pub. No.: US 2022/0243615 A1 (Turcotte) in view of Pub. No.: US 2020/0158213 A1 (Leque), Pub. No.: US 2020/0307818 A1 (Dubreuil) and US Patent 2,643,511 (Briggs).
Regarding claim 1, Turcotte discloses (see fig. 1) an aircraft system (aircraft engines discussed in par. 20), comprising: an open propulsor rotor 12; an engine housing (first interpretation: engine housing 15; second interpretation: nacelle 19); a gas turbine engine (gas turbine engine 10 including housing 15; or the internal components of the gas turbine engine housed within the housing 15, see par. 15, top) disposed within the engine housing (nacelle 19; engine housing 15; respectively regarding the two interpretations of gas turbine above), the gas turbine engine including a first rotating assembly (18A,31,propeller shaft (“PS”), see annotated figure below), a compressor section 14, a combustor section 16, a turbine section 18 and a flowpath (see flow entering inlet 13 and flowing through compressor section 14, combustion section 16, turbine section 18 and exhaust 17) extending from an airflow inlet 13 forward (see that the direction “D” is the forward direction; see par. 19) along an axis 11 through the compressor section 14, the combustor section 16 and the turbine section 18 to a core exhaust 17, the first rotating assembly (18A,31,PS, see annotated figure below) coupled to (see annotated figure below) and configured to drive (see par. 17) rotation of the open propulsor rotor 12 (via geartrain 31) about the axis 11, and the first rotating assembly (18A,31,PS, see annotated figure below) including a geartrain 31 and a first turbine rotor (see annotated figure below) in the turbine section 18 and the geartrain 31 rotatably coupled (see par. 17) between the first turbine rotor (see annotated figure below) and the open propulsor rotor 12. Turcotte does not disclose an electric machine attached to an exterior of the engine housing, an axial forward end of the electric machine located axially between the open propulsor rotor and the geartrain along the axis, and the electric machine comprising an electric machine rotor; and a drivetrain coupling the electric machine rotor to the first rotating assembly the drivetrain including a ring gear, a pinion gear and an idler gear, the idler gear meshed with and between the ring gear and the pinion gear, the ring gear coupled to the geartrain, and the pinion gear coupled to the electric machine rotor.
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Leque teaches (see figs. 1B and 2) a gas turbine 72 (a turbofan as shown in fig 1B; it is noted the Leque’s teachings are applicable to open propulsor rotor engines, i.e. turboprop engines, see par. 29, bottom) and further teaches an electric machine (66’ in fig. 1B and 66 in fig. 2; fig. 2 is schematic explaining in more detail features of fig. 1B for example, see par. 38, top) attached to an exterior of an engine housing 36 (see fig. 1B; in fig. 1B the electric machine 66’ is located within fan nacelle 18; one of ordinary skill is knowledgeable regarding such an electric machines being not located within a fan nacelle), an axial forward end (see annotated figure below) of the electric machine located axially (forward of) a geartrain 48, the electric machine 66’,60 comprising an electric machine rotor 68; and a drivetrain 80,88,70,68 (ring gear 80 of the drivetrain may also be a part of the geartrain 48; see applicant par. 51) coupling the electric machine rotor 68 to a rotating assembly 40,48,64,42.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Turcotte with an electric machine attached to an exterior of the engine housing, an axial forward end of the electric machine located axially (forward of) a geartrain 48, and the electric machine comprising an electric machine rotor; and a drivetrain coupling the electric machine rotor to the first rotating assembly as taught by Leque in order to facilitate supplementing power produced by the gas turbine engine during high thrust demands in order to improve propulsive efficiency (see Leque pars. 3 and 36). This is consistent with Leque’s statement in par. 29 that turboprop engines may be improved with the instant combination. This results in the drivetrain taught by Leque coupled to geartrain 31 of Turcotte in a similar manner that the drivetrain 80,88,70,68 of Leque is coupled to the geartrain 48 of Leque. In the turboprop implementation of Leque one of ordinary skill in the art would seek to minimize the height (see annotated figure above) in order to reduce aerodynamic drag created by the shaft 68’.
Dubreuil teaches a turboprop gas turbine engine (see pars. 22 and 25) and further teaches (see fig. 1) an axial forward end (the end towards propeller 11) of an electric machine 18 located axially (aft of) an open propulsor rotor 11. It is further noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.” KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 at 1395 (U.S. 2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to substitute the location of the forward end of electric machine of Dubreuil for the location of the forward end of the electric machine of Turcotte in view of Leque in order to provide exchanging one known element for another for the predictable result of housing an electric machine thereby providing ease of maintenance (access to the electric machine forward of the geartrain, as opposed to aft the geartrain, is less affected by high temperature of engine after shutdown for example) and permitting clearance between the rotating open propulsor rotor and the electric machine (locating the forward end of the electric machine forward of the open propulsor rotor would interfere with the rotation of the propeller). The claim 1 line 13 limitation “between” is met because the axial forward end of the electric machine of Turcotte in view of Leque and Dubreuil is forward of the geartrain as taught by Leque and aft of the open propulsor rotor as taught by Dubreuil.
The teachings of Leque applied to Turcotte in this claim 1 analysis above include (see figs. 2 and 3) the drivetrain 80,88,70,68 includes a ring gear 80, a pinion gear 70; the ring gear 80 coupled to the geartrain 48; and the pinion gear 70 coupled to the electric machine rotor 68.
Briggs teaches (see fig.) a gas turbine 1 and further teaches an idler gear 15, the idler gear meshed with and between a gear 16 and a pinion gear 14.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Turcotte in view of Leque and Dubreuil with an idler gear, the idler gear meshed with and between the ring gear and the pinion gear as taught by Briggs in order to facilitate reducing the size of the pinion gear and thus reducing weight and improving fuel consumption.
Regarding claim 3, Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. The teachings of Leque applied to Turcotte in the claim 1 analysis above include (see fig. 2) the electric machine 60’,60 comprises an electric motor 60’,60; and the electric machine rotor 68 is configured to drive rotation of a first rotating assembly (40,48,64,42) through a drivetrain 80,88,70,68.
Regarding claim 7, Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. The teachings of Leque applied to Turcotte in the claim 1 analysis above include a drivetrain 80,88,70,68 comprises gearing 80 coupled to the geartrain 48 (see par. 39).
Regarding claim 9, The combination of Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. The combination teaches the drivetrain is coupled to the first rotating assembly at an intermediate location axially between the first turbine rotor and the open propulsor rotor. Leque teaches the drive train 80,88,70,68 is coupled to the geartrain 48 (see fig. 2). The geartrain 31 of Turcotte (see fig. 1) is at an intermediate location axially (along axis 11) between the first turbine rotor (see annotated figure above) and the open propulsor rotor 12.
Regarding claim 12, Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. Turcotte further discloses the first rotating assembly (first turbine rotor,18A, 31,PS,12; see annotated figure above) is configured without a compressor rotor (compressor 14 is not configured with the instant first rotating assembly; see annotated figure above).
Regarding claim 13, Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. Turcotte further discloses (see annotated figure above) the gas turbine engine (gas turbine engine 10, or the internal components of the gas turbine engine housed within the housing 15, see par. 15, top) further includes a second rotating assembly (14,second turbine rotor; see annotated figure above), and the second rotating assembly includes a compressor rotor (at 14) in the compressor section 14; and a second turbine rotor (see annotated figure above) in the turbine section 18.
Regarding claim 14, Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. Turcotte further discloses (see annotated figure above) the second turbine rotor (see annotated figure above) is axially between the compressor rotor (at 14) and the first rotating assembly (first turbine rotor,18A, 31,PS,12; see annotated figure above).
Regarding claim 15, Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. Turcotte further discloses (see fig. 1) the open propulsor 12 rotor comprises a propeller rotor 12.
Regarding claim 21, Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. Turcotte further discloses the first rotating assembly (first turbine rotor,18A, 31,PS,12; see annotated figure above) is configured to rotate about the axis 11.
Regarding claim 22, Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. Turcotte does not disclose an axial aft end of the electric machine axially overlaps the geartrain along the axis. The teachings of Leque applied to Turcotte in the claim 1 analysis above include an axial aft end (see annotated figure above) of an electric machine 66’ axially overlaps (see annotated dashed line above showing overlap) a geartrain 48 along an axis A.
Regarding claim 27, The combination of Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. The combination teaches wherein the engine housing (first interpretation: engine housing 15; second interpretation: nacelle 19) includes an outer case (see Turcotte annotated figure above); and the electric machine (66’ in Leque fig. 1B and 66 in fig. 2; fig. 2 is schematic explaining in more detail features of fig. 1B for example, see par. 38, top) is arranged outside of an outer case (see Leque annotated figure above) and in an environment external (the location of electric machine 66’ is external to the outer case) to the outer case (see Leque annotated figure above).
Regarding claim 28, The combination of Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. The combination teaches wherein the electric machine (66’ in Leque fig. 1B and 66 in fig. 2; fig. 2 is schematic explaining in more detail features of fig. 1B for example, see par. 38, top) is arranged adjacent (see Leque annotated figure above; the electric machine is near the outer case) the outer case (see Leque annotated figure above).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turcotte in view of Leque, Dubreuil and Briggs, as applied to claim 1 above, and further in view of Pub. No.: US 2010/0219779 A1 (Bradbrook).
Regarding claim 2, Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. The teachings of Leque applied to Turcotte in the claim 1 analysis above include (see fig. 2) a rotating assembly 40,48,64,42 is configured with of the electric machine rotor 68 through a drivetrain 80,88,70,68. The combination does not explicitly the electric machine comprises an electric generator; and the first rotating assembly drives rotation of the electric machine rotor.
Bradbrook teaches (see fig. 2) a gas turbine 30 and further teaches an electric machine 70 comprises an electric generator (see par. 61); and a rotating assembly 38,42 drives rotation of an electric machine rotor 72.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Turcotte in view of Leque, Dubreuil and Briggs with the electric machine comprises an electric generator; and the first rotating assembly drives rotation of the electric machine rotor as taught by Bradbrook in order to facilitate providing further electricity (see Bradbrook col. 2, ll. 25-30).
Claim(s) 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 7,775,044 B2 (Julien) in view of US Patent 8,324,746 B2 (Bradbrook) and US 2007/0240426 A1 (Wiegman).
Regarding claim 23, Julien discloses (see fig. 7) an aircraft system 10, comprising: an open propulsor rotor (propeller of turboprop engine; see col. 4, l. 23 and see fig. 7); a gas turbine engine (14,15,16,17,18,20; also see claim 27) with an engine housing (structure 23 and annotated “engine housing” portions; see annotated figure below; for example the annotated “engine housing” is the outer bound of the flowpath of the compressor 14 and turbines 17,18; this is considered a casing or housing; this is evidenced by Bradbrook housing 23 being the outer bound of the flowpath of compressor 16 for example shown in fig. 1), the gas turbine engine (14,15,16,17,18,20; also see claim 27) including a first rotating assembly (shaft 20, turbine 18,four meshed gears of gearbox 12 between shaft 20 and propeller shaft; see annotated figure below), a compressor section 14, a combustor section (combustion section of rotary engine 16 that provides exhaust to turbines 17,18; see col. 4, ll. 5-15), a turbine section 17,18 and a flowpath (see arrows showing flow in fig. 7) extending forward (i.e. in the direction from the inlet 26 towards the “propeller” along an axis (see annotated figure 7 below) from an airflow inlet 26, through the compressor section 14, the combustor section (combustion section of rotary engine 16 that provides exhaust to turbines 17,18; see col. 4, ll. 5-15) and the turbine section 17,18 to a core exhaust (see annotated figure below), the first rotating assembly (shaft 20, turbine 18,four meshed gears of gearbox 12 between shaft 20 and propeller shaft; see annotated figure below) coupled to the open propulsor rotor (propeller; see annotated figure below) and configured to drive rotation (see col. 4, ll. 15-25) of the open propulsor rotor (propeller of turboprop engine; see col. 4, l. 23 and see fig. 7) about the axis (see annotated figure below; the axis including the central axis of propeller shaft), the first rotating assembly including a geartrain (four gears connecting shaft 20 to propellor shaft) and a first turbine rotor 18 in the turbine section 17,18 and the geartrain (four gears connecting shaft 20 to propellor shaft) rotatably coupled between the first turbine rotor 18 and the open propulsor rotor (propeller; see annotated figure below); an apparatus (accessory gearbox AGB with starter 39; see fig. 7 and col. 3, ll. 40-45), the apparatus attached (via shaft 20 and reduction gearbox 12) to an outer case (see annotated figure below; the outer case can be the outer surface of the engine housing, see outer case 110 of engine housing 52 in elected fig. 5 and see applicant par. 46) of the engine housing, and the apparatus (accessory gearbox AGB with starter 39; see fig. 7 and col. 3, ll. 40-45) located radially outboard of (see annotated figure below) and extending axially (see annotated figure below) along the axis (see annotated figure below) between (see annotated figure below) the open propulsor rotor (propeller of turboprop engine; see col. 4, I. 23 and see fig. 7) and the geartrain (four gears connecting shaft 20 to propellor shaft) and a first turbine rotor 18 in the turbine section 17, 18 and the geartrain (four gears connecting shaft 20 to propellor shaft); and a drivetrain (see annotated figure below) coupling the apparatus to the first rotating assembly (shaft 20, turbine 18,four meshed gears of gearbox 12 between shaft 20 and propeller shaft, propeller shaft; see annotated figure below), the drivetrain (see annotated figure below) comprising gearing (see annotated figure below) coupled to the geartrain (four gears connecting shaft 20 to propellor shaft). Julien does not explicitly disclose the gas turbine engine arranged within an engine housing (Julien’s housing is a part of the gas turbine engine); the apparatus is a fluid apparatus; and the fluid apparatus comprising an apparatus rotor.
Bradbrook teaches (see fig. 1) a gas turbine engine 14,16,18-20,22-24 (gas turbine engine is interpreted as “An internal-combustion engine1 consisting essentially of an air compressor, combustion chamber, and turbine wheel that is turned by the expanding products of combustion” (see image below from the instant dictionary), American Heritage Dictionary online; such gas turbines inherently have a casing or housing, see below, surrounding the compressor and turbine so compressed and combusted gasses are contained to create thrust) and further teaches the gas turbine engine 14,16,18-20,22-24 arranged within an engine housing 25.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Julien with the gas turbine engine arranged within an engine housing as taught by Bradbrook in order to facilitate protecting the engine of Julien from weather and tarmac FOD with an aerodynamic housing defining the air intake (see Bradbrook col. 3, ll. 30-35). This results in the engine of Julien being housed within a nacelle. The gearing 29 of Bradbrook is outside of the housing 25 and thus the gearing 12 of combination Julien in view of Bradbrook would also be outside of the nacelle housing of the combination. Therefore the apparatus AGB Starter shown in Julien fig. 7 would also be outside of the nacelle housing thus satisfying the claim limitations the apparatus outside of the engine housing and attached to an outer case (see annotated figure below) of the engine housing.
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Wiegman teaches (see fig. 3) a gas turbine 10 and further teaches a fluid apparatus (26; hydraulic pump or pneumatic; see par. 16); and the fluid apparatus comprises a rotor 40 (pump 26 comprises a rotor).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Julien in view of Bradbrook with a fluid apparatus; the fluid apparatus comprising an apparatus rotor as taught by Wiegman in order to facilitate extracting mechanical power from the gas turbine engine of Julien in view Bradbrook in order to drive engine accessories for example to provide hydraulic power for aircraft actuators or engine lubrication (see Wiegman par. 19). Wiegman teaches a fluid apparatuses such as hydraulic pumps and pneumatic pumps are coupled to and driven by an accessory gearbox 30 (see par. 16). Thus, the combination of Julien in view of Bradbrook and Wiegman results in the fluid apparatus taught by Wiegman being driven by the accessory gearbox of Julien.
Regarding claim 24, The combination of Julien in view of Bradbrook and Wiegman teach the current invention as claimed and discussed above. The combination teaches (see Wiegman fig. 3) a fluid apparatus 26 comprises a pneumatic pump (see par. 16).
Regarding claim 25, The combination of Julien in view of Bradbrook and Wiegman teach the current invention as claimed and discussed above. The combination teaches (see Wiegman fig. 3) a fluid apparatus 26 comprises a hydraulic pump (see par. 16).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turcotte as evidenced by US 11,339,679 B1 (Lefebvre), in view of Leque, Dubreuil and Briggs.
Regarding claim 26, The combination of Turcotte in view of Leque, Dubreuil and Briggs teach the current invention as claimed and discussed above. The combination teaches (see fig. 1) wherein the core exhaust 17 is arranged along the flowpath (see flow entering inlet 13 and flowing through compressor section 14, combustion section 16, turbine section 18 and exhaust 17) at an upstream end (axial location “19C”) of the gas turbine engine (gas turbine engine 10 including housing 15; or the internal components of the gas turbine engine housed within the housing 15, see par. 15, top); and the core exhaust 17 is configured to exhaust combustion products (see par. 15, top) to the exterior of the engine housing (first interpretation: engine housing 15; second interpretation: nacelle 19). Regarding the instant first interpretation this is discussed in par. 15: “Each exhaust duct 17 defines a flow path from the exit of the turbine section 18 to convey the combustion gases out of the casing 15 and away from the engine 10 via an exhaust outlet 17 A”. See combustion products at shaded arrow exiting to the exterior of engine housing 15. Regarding the instant second interpretation one of ordinary skill in the art understands that combustion products of gas turbine engines are exhausted to the ambient environment for example via a tail pipe attached to the exhaust duct at the flange located at “17” in Turcotte fig. 5. The instant flange includes apertures (see fig. 5) for fasteners to fasten the tail pipe to the structure 17. This is evidenced by Lefebvre fig. 1 showing tail pipes that deliver combustion gasses to the ambient environment attached to core exhaust 15.
Response to Arguments
Applicant’s arguments filed 06/02/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., modify the location of electric machine; see applicant arguments page 9, middle and page 10, middle) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification or applicant arguments are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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Applicant argues the prior art does not disclose or teach regarding claim 1 “an axial forward end of the electric machine located axially between the open propulsor rotor and the geartrain along the axis” (see page 10, top). In response Leque taught the axial forward end of the electric machine is located axially forward (see annotated figure above) of a geartrain 48 and Dubreuil taught (see fig. 1) an axial forward end (the end towards propeller 11) of an electric machine 18 located axially (aft of) an open propulsor rotor 11. Thus the axial forward end of the combination is located axially between the open propulsor rotor and the geartrain.
Applicant argues without any reasoning at page 10 middle that the prior art “does not disclose at least the features of ‘an electric machine attached to an exterior of the engine housing, an axial forward end of the electric machine located axially between the open propulsor rotor and the geartrain along the axis, and the electric machine comprising an electric machine rotor’". In response Leque taught an electric machine (66’ in fig. 1B and 66 in fig. 2; fig. 2 is schematic explaining in more detail features of fig. 1B for example, see par. 38, top) attached to an exterior of an engine housing 36 (see fig. 1B; in fig. 1B the electric machine 66’ is located within fan nacelle 18; one of ordinary skill is knowledgeable regarding such an electric machines being not located within a fan nacelle) and the electric machine 66’,60 comprising an electric machine rotor 68.
Applicant argues at page 11 regarding claim 23 that “U.S. Patent 7,775,044 (hereinafter "Julien") in view of Bradbrook and U.S. Publication No. 2007/0240426 (hereinafter "Wiegman")” do not teach "a flowpath extending forward along an axis from an airflow inlet, through the compressor section, the combustor section and the turbine section to a core exhaust" and "a fluid apparatus outside of the engine housing, the fluid apparatus attached to an outer case of the engine housing, the fluid apparatus comprising an apparatus rotor, and the fluid apparatus located radially outboard of an extending axially along the axis between the open propulsor rotor and the geartrain".
In response Julien disclosed a flowpath (see arrows showing flow in fig. 7) extending forward (i.e. in the direction from the inlet 26 towards the “propeller” along an axis (see annotated figure below) from an airflow inlet 26, through the compressor section 14, the combustor section (combustion section of rotary engine 16 that provides exhaust to turbines 17,18; see col. 4, ll. 5-15) and the turbine section 17,18 to a core exhaust (see annotated figure below).
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Julien further disclosed an apparatus (accessory gearbox AGB with starter 39; see fig. 7 and col. 3, ll. 40-45), the apparatus attached (via shaft 20 and reduction gearbox 12) to an outer case (see annotated figure above; the outer case can be the outer surface of the engine housing, see outer case 110 of engine housing 52 in elected fig. 5 and see applicant par. 46) of the engine housing, and the apparatus (accessory gearbox AGB with starter 39; see fig. 7 and col. 3, ll. 40-45) located radially outboard of (see annotated figure above) and extending axially (see annotated figure above) along the axis (see annotated figure above) between (see annotated figure above) the open propulsor rotor (propeller of turboprop engine; see col. 4, I. 23 and see fig. 7) and the geartrain (four gears connecting shaft 20 to propellor shaft) and a first turbine rotor 18 in the turbine section 17, 18 and the geartrain (four gears connecting shaft 20 to propellor shaft).
Wiegman taught (see fig. 3) a gas turbine 10 and further taught a fluid apparatus (26; hydraulic pump or pneumatic; see par. 16); and the fluid apparatus comprises a rotor 40 (pump 26 comprises a rotor). It is beneficial to include fluid apparatus taught by Wiegman with the accessory gearbox apparatus of Julien in order to facilitate extracting mechanical power from the gas turbine engine of Julien in view Bradbrook in order to drive engine accessories for example to provide hydraulic power for aircraft actuators or engine lubrication (see Wiegman par. 19). Wiegman teaches a fluid apparatuses such as hydraulic pumps and pneumatic pumps are coupled to and driven by an accessory gearbox 30 (see par. 16). Thus, the combination of Julien in view of Bradbrook and Wiegman results in the fluid apparatus taught by Wiegman being driven by the accessory gearbox of Julien.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
exhaust pipe extending from nacelle: US 4172572; and
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.
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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.
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/MARC AMAR/
Examiner, Art Unit 3741
/PHUTTHIWAT WONGWIAN/Supervisory Patent Examiner, Art Unit 3741
1 Internal combustion engines are often thought of as piston engine. However gas turbine engines can also be classified as internal combustion engines. See US 20110281679 A1 par. 83 discussing both piston and gas turbine engines: “ The term internal combustion engine can include, but is not limited to, an engine in which combustion is intermittent or semi continuous, such as four-stroke, two-stroke, five stroke, or six stroke, piston engines, along with any known variants, such as, but not limited to, a Wankel rotary engine or other known type of engine. A second class of internal combustion engines use continuous combustion, e.g., but not limited to, gas turbines, jet engines and most rocket engines, each of which are internal combustion engines ...”
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