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 .
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.
Response to Amendment
Applicant’s submission of a response was received on 02 October 2025. Presently, claims 1-11 and 21-29 are pending.
The previous objections to the specification, drawings, and/or claims are withdrawn as moot in light of corrections made by Applicant.
Response to Arguments
In the Remarks filed 02 October 2025, Applicant argues, with regard to claim 1, that Yeung fails to disclose “the plurality of panels in the first state includes at least a first panel and a second panel folded to overlap against each other and be collapsed downward with a reduced dimension for transport.” Claim 1 does not recite this limitation, and the argument is therefore moot. Claim 5 does recite this limitation, so the argument has been considered for claim 5. Figs 5 and 7 show how panel 54 and panel 56 fold to overlap each other and be collapsed downward. In addition, sides 52 (of 54) and 52 (of 56) overlap each other in the folded and collapsed position.
[AltContent: textbox (56)][AltContent: textbox (54)][AltContent: textbox (52 (of 56))][AltContent: textbox (52 (of 54))][AltContent: textbox (52 (of 56))][AltContent: textbox (52 (of 54))]
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Rejections over Morris are withdrawn because Applicant’s argument regarding the claims, as amended, is persuasive.
Claim Interpretation
As noted in the Non-Final Rejection mailed 22 July 2025 claim limitation “coupling mechanism” is interpreted under 112(f) as a magnet, or magnet and tether, or pressure-based, such as a hydraulic mechanism ¶47-¶48.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 10-11, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeung (US 2021/0079849).
Regarding claim 1, Yeung discloses:
An exhaust device, comprising:
a plurality of panels (of 54, 56) including a first pair of panels (54 has 3 panels) and a second pair of panels (56 has 3 panels) collectively configured to transition from a first state (see Figs 3 and 7) to a second state (see Fig 2), wherein the first pair of panels (3 panels of 54) fold against and overlap with the second pair of panels (3 panels of 56) in the first state such that the first and second pairs of panels are collapsed downward with a reduced dimension for transport (Fig 3 shows a reduced dimension relative to Fig 2), wherein the plurality of panels in the second state are unfolded relative to each other to extend upward with a larger dimension such that the plurality of panels is configured to direct exhaust in a predetermined direction (vertically, see Fig 2, ¶14);
and a coupling mechanism (54, 56, ¶42 “hydraulic cylinders,” ¶40 discloses a tension wire working with a hydraulic or pneumatic winch) associated with at least one panel of the plurality of panels,
the coupling mechanism being configured to secure the at least one panel in at least one of a first position associated with the first state or a second position associated with the second state (see Figs 2 and 3, ¶42).
Regarding claim 2, Yeung discloses:
the coupling mechanism comprises at least two coupling elements (54 and 56 move independently, so there is at least one actuator for each, see Figs 2-3 an ¶42), wherein each coupling element is associated with a different panel of the plurality of panels (at least one actuator for 54 and its associated panels and at least one other actuator for 56 and its associated panels).
Regarding claim 3, Yeung discloses:
the coupling mechanism includes a mechanical mechanism, an electrical mechanism, a chemical mechanism, or a magnetic mechanism, or combinations thereof (¶42).
Regarding claim 4, Yeung discloses:
a storage region (interior of trailer 12, ¶28, various features of trailer 12 as shown in Fig 1 are capable of storing a tool), the storage region being configured to include at least one tool configured to engage the coupling mechanism to change the exhaust device from at least one of the first state to the second state or from the second state to the first state.
[AltContent: textbox (wall 2)][AltContent: textbox (wall 1)]
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Regarding claim 5, Yeung discloses:
A system comprising:
an exhaust system (exhaust attenuation system 20, ¶32) comprising at least one duct (¶37: “first plenum 22 configured to receive exhaust gas from the gas turbine” ¶46: “lower elongated plenum 30,” see Fig 2);
an exhaust device (¶47: “upper noise attenuation system 40”) configured to fluidly couple to the at least one duct (at 30, ¶47), the exhaust device being configured to be positioned in a first state and a second state, wherein the exhaust device comprises:
a plurality of panels configured to transition from a first state (see Figs 3 and 7) to a second state (see Fig 2), wherein the plurality of panels in the first state includes at least a first panel (center panel of 54, shown with stripes in Fig 5) and a second panel (center panel of 56, shown as striped in Fig 5) folded to overlap against each other (see Fig 5) and be collapsed downward (see Fig 7) with a reduced dimension (Fig 3 shows a reduced dimension relative to Fig 2) for transport (¶40), wherein the plurality of panels in the second state includes at least the first panel unfolded relative to the second panel such that the first and second panels extend upward with a larger dimension (see Fig 2) and are configured to direct exhaust in a predetermined direction (upward); and
a first coupling mechanism associated with at least one panel of the plurality of panels (¶42 indicates that each of 54 and 56 may be hydraulicly actuated through hydraulic cylinders. ¶40 discloses a tension wire working with a hydraulic or pneumatic winch), the first coupling mechanism being configured to position the at least one panel in at least one of a first position associated with the first state or a second position associated with the second state (¶42 “maneuvered to and about the operative and the stowed positions”); and an enclosure (Fig 1 shows the exhaust attenuation system 20 housed within an enclosure defined by walls as indicated in annotated Fig 1 above) positioned around the exhaust system (20), the enclosure including an aperture (wall 1 inherently has an aperture to accommodate flow of exhaust from the turbine to plenum 22, see ¶37; wall 2 inherently has an aperture to allow escape of the exhaust to the surrounding environment via 30 and 40, which extend upward according to ¶32),
the aperture being fluidly coupled to at least one of the exhaust device or the at least one duct of the exhaust system (to allow passage of exhaust from the turbine, via the exhaust attenuation assembly, to outside).
Regarding claim 10, Yeung discloses:
when configured in the first state, the exhaust device is configured to be removed from the system (one of ordinary skill would understand the exhaust stem to be capable of disassembly, e.g. for maintenance purposes).
Regarding claim 11, Yeung discloses:
when configured in the first state, the exhaust device is configured to be transported while coupled to the system (¶40 “lowered to the stowed position for transport”).
Regarding claim 21, Yeung discloses:
the plurality of panels in the first state are arranged to cover the at least one duct (see Fig 7, panels 54 and 56 close the duct).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yeung (US 2021/0079849).
Regarding claim 7, Yeung does not explicitly disclose that:
the first coupling mechanism is configured to removably couple to at least one of another panel of the plurality of panels or the at least one duct.
Yeung discloses that the coupling mechanism is a hydraulic or pneumatic winch operating a spooling system that controls the panels via a tension wire (¶40-¶42) anchored at an anchor point between the panel and the duct (see Fig 5). Although not explicitly disclosed for the embodiment of Fig 7, it would be obvious to anchor the spool to the duct, since the spool controls relative movement between the panels and the duct. An arrangement with the spool anchored to the duct is shown for a related embodiment in Figs 8 and 9.
According to MPEP § 2144.01 §§ V.C, if it is considered desirable for any reason to make parts removable/separable, then it is an obvious modification. At the top of MPEP 2144.04, it explains that various modifications, including making separable, are “common practices which the court has held normally require only ordinary skill in the art and hence are considered routine expedients.” In this case, since it would be desirable to be able to disassemble the panel from the duct for maintenance purposes, it would be obvious to removably couple the coupling mechanism, specifically the tension wire, to the duct.
Allowable Subject Matter
Claims 27-29 are allowed.
Claims 6 and 22-26 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.
The nearest prior art is considered to be Yeung as applied to claims 1 and 5. Regarding claims 6 and 22-29, Yeung notably does not teach the coupling mechanisms removably couple the panels or exhaust device to the enclosure or duct. In particular, the coupling mechanisms with a hydraulic or pneumatic winch and tension wires could be reversibly attached to the panels by the wire, but they merely function as actuators and do not actually couple the exhaust device/panel to the duct/enclosure. Thus, they cannot releasably couple because their function is actuation, not attachment. The attachment (coupling) function requires a hinge or similar component, which does not meet the 112(f) interpretation of coupling mechanism. According to the 112(f) interpretation, only the pressure based, i.e. hydraulic or pneumatic coupling devices and tension wires of Yeung meet the limitation coupling mechanism.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sagami (JP 2002089284) discloses gas turbine exhaust doors 16, which appear to be hinged.
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US 12163435 shows a set of doors to accommodate an inlet flow to a turbine and also act as a rain cover. The doors close for transport mode.
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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 TOPAZ L ELLIOTT whose telephone number is (571)270-5851. The examiner can normally be reached Monday-Friday 9 a.m. - 4 p.m. EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOPAZ L. ELLIOTT/
Primary Examiner, Art Unit 3761