DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 5-8 and 10-13 are currently being examined.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 9, “the primary duct surface” should be – a [[the]] primary duct surface --; in line 10, “a primary duct surface” should read as – the [[a]] primary duct surface --. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5-8 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Breeze-Stringfellow et al. 20190204010.
Regarding independent claim 1, Breeze-Stringfellow discloses with a system for cooling oil (Figs. 2-4) in an aircraft turbine engine (Fig. 1; [0019] describes 10 as a high bypass turbofan engine which is a type of aircraft engine), the system comprising:
an intermediate support casing (labeled in annotated Fig. 1) configured to be located between a low-pressure compressor (16) and a high-pressure compressor (18; intermediate support casing is between 16 and 18 in annotated Fig. 1) of the aircraft turbine engine, and
a heat exchanger (36) configured to cool the oil by heat exchange with air (per [0045] oil flowing through passages 68 in fins 58 of heat exchanger 36 is cooled by air flow through flow channel 46 in gooseneck duct 38 per [0023]-[0024] with the air flowing through flow passages 66 of heat exchanger 36 per [0031]), the heat exchanger being at least partially integrated into the intermediate support casing (36 is at least partially integrated into intermediate support casing via peripheral wall 44 along gooseneck duct 38 being a portion of intermediate support casing per [0023] and per [0026] 36 may be integral to gooseneck duct 38 interconnecting the low pressure compressor 16 and the high-pressure compressor 18 which is integral with intermediate casing in annotated Fig. 1) and,
wherein the heat exchanger comprises a primary duct surface (labeled in annotated Fig. 3) through which heat is transferred from oil flowing through the heat exchanger to air flowing through the primary duct (primary duct is duct formed through 36 extending radially outward of midline 52 to wall 44 in Fig. 3), said primary duct surface being configured to be in a primary duct of the aircraft turbine engine (primary duct surface is in primary duct in heat exchanger 36 in annotated Fig. 3 and 36 is in aircraft engine 10 in Fig. 1) and between a most downstream vane of the low-pressure compressor, and a most upstream vane of the high-pressure compressor (as seen in annotated Fig. 1, 36 which includes primary duct surface is between location of most downstream vane of 16 and location of most upstream vane of 18),
wherein air that receives heat from the primary duct surface flows into the high-pressure compressor (air that receives heat from primary duct surface in 36 flows from 36 into 18) .
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Regarding claim 5, Breeze-Stringfellow discloses the heat exchanger comprises a secondary duct surface (labeled in annotated Fig. 3) configured to be in a secondary duct (labeled in annotated Fig. 3) of the aircraft turbine engine.
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Regarding claim 6, Breeze-Stringfellow discloses the heat exchanger is configured to extend radially between the primary duct and a secondary duct (labeled in annotated Fig. 3; 36 extends radially between primary duct and secondary duct in annotated Fig. 3), and comprises a secondary duct surface (labeled in annotated Fig. 3) configured to be in the secondary duct (secondary duct surface is in secondary duct in annotated Fig. 3) of the aircraft turbine engine.
Regarding claim 7, Breeze-Stringfellow discloses wherein the heat exchanger is configured to partially obstruct the secondary duct (other fins 58 of heat exchanger 36 in secondary duct partially obstruct secondary duct in annotated Fig. 3).
Regarding claim 8, Breeze-Stringfellow discloses the heat exchanger is annular and is configured to extend around an axis of the aircraft turbine engine ([0025] describes heat exchanger 36 may be configured as a wholly arcuate body, formed by complete revolution about an axis exterior to the peripheral walls 42,44, for example the centerline axis 11, i.e., 36 is annular and extends around axis 11 of aircraft turbine engine 10).
Regarding claim 10, Breeze-Stringfellow discloses the heat exchanger is a part fixed to the intermediate support casing (36 is a part fixed to intermediate support casing in annotated Fig. 1 and Fig. 3 shows 36 is fixed to wall 38 of intermediate support casing).
Regarding claim 11, Breeze-Stringfellow discloses the heat exchanger is integral with the intermediate support casing (per [0026] 36 may be integral to gooseneck duct 38 interconnecting the low pressure compressor 16 and the high-pressure compressor 18 which is integral with intermediate casing in annotated Fig. 1).
Regarding claim 12, Breeze-Stringfellow discloses an aircraft turbine engine (10 Fig. 1; [0019] describes 10 as a high bypass turbofan engine which is a type of aircraft engine) comprising the system according to claim 1 (10 includes heat exchanger 36 which cools oil), wherein the intermediate support casing is located between the low-pressure compressor and the high-pressure compressor (as discussed above in claim 1, intermediate support casing is located between 16 and 18 in annotated Fig. 1).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breeze-Stringfellow et al. 20190204010.
Regarding claim 13, Breeze-Stringfellow discloses the aircraft turbine engine according to claim 12 as discussed above but does not explicitly disclose an aircraft comprising the aircraft turbine engine according to claim 12.
Breeze-Stringfellow discloses in [0019] regarding gas turbine engine 10 of Fig. 1: “While the illustrated example is a high-bypass turbofan engine, the principles of the present invention are also applicable to other types of engines, such as low-bypass turbofans, turbojets, stationary gas turbines, or engines or flowpaths in land or sea vehicles, etc.” which implies that gas turbine engine 10 shown as a high-bypass turbofan engine is for use on an aircraft.
"The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. . . [W]hen a patent 'simply arranges old elements with each performing the same function it had been known to perform' and yields no more than one would expect from such an arrangement, the combination is obvious." KSR at 1395-66 (citing Sakraida v. AG Pro, Inc., 425 U.S. 273, 282 (1976)).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have an aircraft comprise the aircraft turbine engine according to claim 12 as taught by Breeze-Stringfellow as combining prior art elements according to known methods to yield predictable results, in this case combining an aircraft turbine engine with an aircraft to predictably provide thrust for the aircraft.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON JOAN HARRINGTON whose telephone number is (571)272-2359. The examiner can normally be reached M-F 9 am - 5 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached at (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.J.H./ /GERALD L SUNG/ Primary Examiner, Art Unit 3741 Examiner, Art Unit 3741
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