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 .
Election/Restrictions
Claims 17-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected embodiment, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/20/2026.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3,5,8,10-11,14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4,6 of Patent 11776702. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the comparative table below:
Claim 1 of Instant Application
Claims 1-2, Patent 11959442
1. A power-generation system for a nuclear reactor, the power-generation system comprising: a power unit that includes a first generator for producing electric energy and a turbine engine coupled to and configured to drive the first generator, the turbine engine includes a compressor configured to receive and compress air to produce compressed air and a turbine configured to receive the compressed air after the compressed air is heated to extract work from the compressed air and drive the first generator, a reactor heat exchanger in fluid communication with the compressor and the turbine and configured to transfer heat from a nuclear reactor to the compressed air to heat the compressed air during use of the power-generation system, and a temperature control system configured to regulate a temperature of the compressed air,
the temperature control system including a temperature control heat exchanger and a blower configured to provide a flow of first fluid, the temperature control heat exchanger connected between the compressor and the turbine and in fluid communication with both the compressed air and the blower to transfer heat between the compressed air and the flow of first fluid from the blower.2. The power-generation system of claim 1, wherein the temperature control system further includes an auxiliary power unit and a mixing valve in fluid communication with the blower, the auxiliary power unit, and the temperature control heat exchanger, wherein the auxiliary power unit is configured to produce electric power and exhaust a second fluid, and the mixing valve is configured to control a flow rate of the first fluid and a flow rate of the second fluid through the mixing valve3. The power-generation system of claim 2, wherein the temperature control system includes a controller programmed to deactivate the auxiliary power unit in response to the reactor heat exchanger heating the compressed air to a threshold temperature.5. The power-generation system of claim 1, wherein the temperature control heat exchanger is fluidly connected to the turbine engine and the reactor heat exchanger downstream of the reactor heat exchanger and upstream of the turbine8. The power-generation system of claim 1, wherein the temperature control system includes an auxiliary combustor fluidly connected with the turbine and a controller programmed to deactivate the blower and activate the auxiliary combustor in response to the compressed air being below a threshold temperature10. A power-generation system comprising: a power unit that includes a first generator and a turbine engine coupled to the first generator and configured to drive the first generator, the turbine engine includes a compressor that produces compressed air and a turbine that receives the compressed air after the compressed air is heated, a reactor heat exchanger in fluid communication with the compressor and the turbine and configured to transfer heat from a nuclear reactor to the compressed air, and a temperature control system that includes a temperature control heat exchanger, a blower, and a valve, the temperature control heat exchanger connected between the compressor and the turbine, the blower is in fluid communication with a source of cooling air and the valve, and the valve is in fluid communication with the temperature control heat exchanger to vary a flow rate of a cooling air from the blower through the temperature control heat exchanger to control a temperature of the compressed air received by the turbine11. The power-generation system of claim 10, wherein the temperature control system further includes an auxiliary power unit that exhausts gases, the auxiliary power unit is in fluid communication with the valve, and the valve is configured to vary a flow rate of the gases from the auxiliary power unit and the flow rate of the cooling air from the blower to control the temperature of the compressed air received by the turbine14. The power-generation system of claim 10, wherein the temperature control heat exchanger is fluidly connected to the turbine engine downstream of the reactor heat exchanger and upstream of the turbine
1. A power-generation system for a nuclear reactor, the power-generation system comprising a power unit that includes a first generator for producing electric energy and a turbine engine coupled to and configured to drive the first generator, the turbine engine includes a compressor configured to receive and compress air to produce compressed air and a turbine configured to receive the compressed air after the compressed air is heated to extract work from the compressed air and drive the first generator, a reactor heat exchanger in fluid communication with the compressor and the turbine and configured to transfer heat from a nuclear reactor to the compressed air to heat the compressed air during use of the power-generation system, and a temperature control system configured to regulate a temperature of the compressed air so that the temperature of the compressed air received by the turbine is within a predetermined range,
the temperature control system including a temperature control heat exchanger, a first fluid source, and a controller, the temperature control heat exchanger connected between the compressor and the turbine and in fluid communication with both the compressed air and the first fluid source to transfer heat between the compressed air and a first fluid from the first fluid source, wherein the controller is programmed to adjust a flow rate of the first fluid through the temperature control heat exchanger based on the temperature of the compressed air received by the turbine and a load demand on the first generator, wherein the first fluid source includes a blower configured to provide a flow of ambient air as the first fluid, wherein the temperature control system further includes an auxiliary power unit and a mixing valve in fluid communication with the blower, the auxiliary power unit, and the temperature control heat exchanger, wherein the auxiliary power unit is configured to produce electric power and exhaust a second fluid, and the controller is further programmed to adjust a flow rate of the first fluid and a flow rate of the second fluid through the mixing valve.4. The power-generation system of claim 1, wherein the controller is programmed to deactivate the auxiliary power unit in response to the reactor heat exchanger heating the compressed air to a threshold temperature.
3. The power-generation system of claim 1, wherein the temperature control heat exchanger is fluidly connected to the turbine engine and the reactor heat exchanger downstream of the reactor heat exchanger and upstream of the turbine.6. The power-generation system of claim 1, wherein the controller is programmed to deactivate the blower and activate the auxiliary combustor in response to the compressed air being below a threshold temperature.
1. A power-generation system for a nuclear reactor, the power-generation system comprising a power unit that includes a first generator for producing electric energy and a turbine engine coupled to and configured to drive the first generator, the turbine engine includes a compressor configured to receive and compress air to produce compressed air and a turbine configured to receive the compressed air after the compressed air is heated to extract work from the compressed air and drive the first generator, a reactor heat exchanger in fluid communication with the compressor and the turbine and configured to transfer heat from a nuclear reactor to the compressed air to heat the compressed air during use of the power-generation system, and a temperature control system configured to regulate a temperature of the compressed air so that the temperature of the compressed air received by the turbine is within a predetermined range,
the temperature control system including a temperature control heat exchanger, a first fluid source, and a controller, the temperature control heat exchanger connected between the compressor and the turbine and in fluid communication with both the compressed air and the first fluid source to transfer heat between the compressed air and a first fluid from the first fluid source, wherein the controller is programmed to adjust a flow rate of the first fluid through the temperature control heat exchanger based on the temperature of the compressed air received by the turbine and a load demand on the first generator, wherein the first fluid source includes a blower configured to provide a flow of ambient air as the first fluid, wherein the temperature control system further includes an auxiliary power unit and a mixing valve in fluid communication with the blower, the auxiliary power unit, and the temperature control heat exchanger, wherein the auxiliary power unit is configured to produce electric power and exhaust a second fluid, and the controller is further programmed to adjust a flow rate of the first fluid and a flow rate of the second fluid through the mixing valve.3. The power-generation system of claim 1, wherein the temperature control heat exchanger is fluidly connected to the turbine engine and the reactor heat exchanger downstream of the reactor heat exchanger and upstream of the turbine.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) 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.
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.
Claims 1,7,10,15 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5267288 to Frutchi in view of US Patent 5724806 to Horner and further in view of US Publication 20110036098 to Baten.
As to claim 1, Frutchi discloses A power-generation system for a nuclear reactor, the power-generation system comprising: a power unit that includes a first generator (6) for producing electric energy and a turbine engine coupled to and configured to drive the first generator (Fig 1), the turbine engine includes a compressor (2) configured to receive and compress air to produce compressed air and a turbine (5) configured to receive the compressed air after the compressed air is heated (7,8) to extract work from the compressed air and drive the first generator (6), a reactor heat exchanger (7) in fluid communication with the compressor (2) and the turbine (5) and configured to transfer heat from a nuclear reactor (12) to the compressed air to heat the compressed air during use of the power-generation system, and a temperature control system (3) configured to regulate a temperature of the compressed air (3 at 2), the temperature control system including a temperature control heat exchanger (3), the temperature control heat exchanger connected between the compressor and the turbine (3).
Frutchi does no go into detail about the charge air cooler 3 and does not expressly disclose a blower configured to provide a flow of first fluid to the heat exchanger, the temperature control heat exchanger connected between the compressor and the turbine and in fluid communication with both the compressed air and the blower to transfer heat between the compressed air and the flow of first fluid from the blower.
Horner discloses how cooling air to an intercooler can be provided by a blower (Col 3, Line 36-42).
Baten discloses how cooling air supplied to an intercooler is regulated by a controller to maintain the temperature of the compressed air at a specific threshold temperature (Par 0017,0020).
At the time of invention, it would have been obvious to one of ordinary skill in the art to have the intercooler (3) of Frutchi be air fed and controlled to include a temperature control system configured to regulate a temperature of the compressed air, the temperature control system including a temperature control heat exchanger and a blower configured to provide a flow of first fluid, the temperature control heat exchanger connected between the compressor and the turbine and in fluid communication with both the compressed air and the blower to transfer heat between the compressed air and the flow of first fluid from the blower using the teachings of Horner and Baten so as to keep the compressed air in a desired temperature range to prevent condensation while maximizing compressed air for later expansion while cooling using a blower in a known and readily available cooling fluid manner yield predictable results to optimize overall power production.
As to claim 7, Frutchi discloses the temperature control system includes a controller programmed to increase the flow rate of the first fluid in response to the temperature of the compressed air received by the turbine being above a predetermined temperature (Baten: Par 0017,0020).
As to claim 10, Frutchi discloses A power-generation system comprising: a power unit that includes a first generator and a turbine engine coupled to the first generator and configured to drive the first generator, the turbine engine includes a compressor that produces compressed air and a turbine that receives the compressed air after the compressed air is heated, a reactor heat exchanger in fluid communication with the compressor and the turbine and configured to transfer heat from a nuclear reactor to the compressed air, and a temperature control system that includes a temperature control heat exchanger, a blower, and the temperature control heat exchanger connected between the compressor and the turbine (as cited in claim 1 above).
Frutchi does no go into detail about the charge air cooler 3 and does not expressly disclose A valve, the blower is in fluid communication with a source of cooling air and the valve, and the valve is in fluid communication with the temperature control heat exchanger to vary a flow rate of a cooling air from the blower through the temperature control heat exchanger to control a temperature of the compressed air received by the turbine.
Horner discloses how cooling air to an intercooler can be provided by a blower (Col 3, Line 36-42).
Baten discloses how cooling air supplied to an intercooler is regulated by a controller and a recirculation valve (Par 0040) to maintain the temperature of the compressed air at a specific threshold temperature (Par 0017,0020).
At the time of invention, it would have been obvious to one of ordinary skill in the art to have the intercooler (3) of Frutchi be air fed and controlled to include a valve, the blower is in fluid communication with a source of cooling air and the valve, and the valve is in fluid communication with the temperature control heat exchanger to vary a flow rate of a cooling air from the blower through the temperature control heat exchanger to control a temperature of the compressed air received by the turbine using the teachings of Horner and Baten so as to keep the compressed air in a desired temperature range using regulation of the blower speed and the mixture of blower air heated air recirculated from the heat exchanger to prevent condensation while maximizing compressed air for later expansion while cooling using a blower in a known and readily available cooling fluid manner yield predictable results to optimize overall power production.
As to claim 15, Frutchi discloses the temperature control system includes a controller programmed to increase the flow rate of the first fluid in response to the temperature of the compressed air received by the turbine being above a predetermined temperature (Baten: Par 0017,0020).
Claims 6,13 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5267288 to Frutchi in view of US Patent 5724806 to Horner and further in view of US Publication 20110036098 to Baten as applied to claims 1,10 above and further in view of US Patent 4761957 to Eberhardt.
As to claim 6,13, Frutchi does not expressly disclose wherein the temperature control system further includes a bypass duct in fluid communication with the compressed air and configured to exhaust the compressed air to atmosphere in response to the temperature of the compressed air exceeding a predetermined temperature.
Eberhardt discloses wherein the temperature control system further includes a bypass duct (59) in fluid communication with the compressed air and configured to exhaust the compressed air to atmosphere in response to the temperature of the compressed air exceeding a predetermined temperature (Abs, Col 5 Line 65- Col 6 Line 16).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Frutchi to include wherein the temperature control system further includes a bypass duct in fluid communication with the compressed air and configured to exhaust the compressed air to atmosphere in response to the temperature of the compressed air exceeding a predetermined temperature using the teachings of Eberhardt to avoid damage to the turbine due to overheating and damage to the compressor due to a surge event when the system is malfunctioning.
Allowable Subject Matter
Claims 2-5,8-9,11-12,14,16 do not have art applied but due to the Double patent rejection only claims 4,9,12,16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, unless the Double Patenting Issues are resolved.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE SAMUEL BOGUE whose telephone number is (571)270-1406. The examiner can normally be reached on M-F 8:00-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached on 571-270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSE S BOGUE/Primary Examiner, Art Unit 3746
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