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 .
Specification
The amendment filed 11/05/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: in Paragraph 0034 the amendment stating “the pitch angle θ is defined between the leading edge 212 at the midline 218” is considered new matter because the drawings filed 8/21/2023 do not show the pitch angle being defined between the leading edge 212 at the midline 218.
Applicant is required to cancel the new matter in the reply to this Office Action.
Drawings
The drawings were received on 6/3/2025. These drawings are unacceptable. The amendment to Figure 5 of the instant application moves the line defining a new angle θ closer to the foremost, upstream edge of the splitter nose structure. This is considered new matter because it is unclear whether or not this new angle θ falls within the recited ranges. Furthermore, this amendment to Figure 5 appears to change the definition of “leading edge” in the instant application to the foremost, upstream edge since the original Figure 5 of the instant application has the leading edge comprising the leading surface of the nose splitter nose. For these reasons, the amendment to the drawings are not acceptable.
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 1-10, 12-20 are 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.
Claim 1, lines 13-14; claim 8, lines 25-26; claim 15, lines 15-16 recite “wherein the pitch angle is defined between the leading edge at the midline” which is considered new matter because the specification does not state that the pitch angle is defined between the leading edge at the midline. Furthermore, the drawings filed 8/21/2023 do not show the pitch angle being defined between the leading edge 212 at the midline 218. For these reasons, this claim limitation is considered new matter.
Claims 5-7,12-14, 19, 20 recite the pitch angle is a nonzero value which is considered new matter because the midline appears to be the point where Figure 5; 200 of the instant application transitions from extending northwest to northeast, see Annotated Figure 5 of the instant application below, so that the pitch angle of the leading edge at the midline would be 0 degrees. For this reason, these claim limitations are considered new matter.
PNG
media_image1.png
418
428
media_image1.png
Greyscale
Annotated Figure 5 of the instant application
Claims dependent thereon are rejected for the same reasons.
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.
Claim(s) 1-10, 12-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wadia et al (US 20040065092 as referenced in OA dated 7/9/2024).
PNG
media_image2.png
439
579
media_image2.png
Greyscale
PNG
media_image3.png
287
500
media_image3.png
Greyscale
Annotated Figure 1 and 3 of Wadia
Regarding claim 1, Wadia teaches a gas turbine engine (Figure 1; 10) comprising:
a fan section (The section shown in Figure 1) that includes a rotor (Annotated Figure 1; labeled rotor) having a rotor hub (Annotated Figure 1; labeled rotor hub) rotatable about a rotational axis (Figure 1; 12) and a fan (The fan formed by Figure 1; 16) having a plurality of fan blades (Figure 1; 16) extending from the rotor hub and annularly spaced about the rotational axis, wherein rotation of the rotor hub and the fan blades extending therefrom produces an accelerated air stream (Functional Language, the fan produces an accelerated air stream);
an annular splitter nose structure (Annotated Figure 3; labeled splitter. This is the portion of Figure 3; 18 to the left of and including Annotated Figure 3; labeled first and second dimension) downstream of the fan configured to impinge the accelerated air stream and separate the accelerated air stream (Functional Language, the splitter impinges and separates the accelerated air stream) into a primary air stream (The flow through Figure 1; 28) and a secondary air stream (The flow through Figure 1; 20), wherein the splitter nose structure comprises a leading edge (The portion of Annotated Figure 3; labeled splitter to the left of the solid vertical line) that is pitched at a pitch angle (The pitch angle of the leading edge of Figure 1; 18 at Annotated Figure 3; labeled midline) of between about 0.5 and 20 degrees (The pitch angle is 3 degrees) wherein the splitter nose structure includes a radially inner surface (The portion of Annotated Figure 3; labeled splitter below Annotated Figure 3; labeled midline) configured to be contacted by the primary air stream (Functional Language, the radially inner surface is contacted by the primary air stream), a radially outer surface (The portion of Annotated Figure 3; labeled splitter above Annotated Figure 3; labeled midline) configured to be contacted by the secondary air stream, and a midline (Annotated Figure 3; labeled midline. The midline is the point where the leading edge forms a 3 degree with a line perpendicular to the rotational axis and extends parallel to the rotational axis) therebetween that passes through the leading edge (The midline passes through the leading edge), wherein the pitch angle is defined between the leading edge at the midline and a line (Annotated Figure 1; labeled perpendicular line) perpendicular to the rotational axis of the rotor hub;
a core duct (Annotated Figure 3; labeled core duct) downstream of the splitter nose structure configured to receive and direct the primary air stream to a compressor section, a combustion section, and a turbine section (Functional Language, one of ordinary skill in the art would recognize that the turbofan engine of Wadai would have a compressor, combustion, and turbine sections and that the core duct revies and directs the primary air stream feeds to these sections); and
a bypass duct (Annotated Figure 3; labeled bypass duct) downstream of the splitter nose structure configured to receive and direct the secondary air stream to an outlet (Functional Language, The outlet of Annotated Figure 3; labeled bypass duct).
Regarding claim 2, Wadia discloses the invention as claimed.
Wadia further discloses wherein the splitter nose structure includes an irregular cross-sectional shape (The cross sectional shape of the splitter is irregular) such that a first dimension (Annotated Figure 3; labeled first dimension) between the midline and the radially inner surface is not equal to a second dimension (Annotated Figure 3; labeled second dimension) between the midline and the radially outer surface, wherein the first dimension and the second dimension are aligned, perpendicular to the rotational axis of the rotor, and pass through a point (Annotated Figure 3; labeled point) at which a curvature (The curvature of the radially outer surface at the point)of the radially outer surface of the splitter nose structure is the same as an adjacent surface (The portion of the bypass duct contacting Annotated Figure 3; labeled point) of the bypass duct.
Regarding claim 3, Wadia discloses the invention as claimed.
Wadia further discloses wherein the splitter nose structure includes a lower portion (The portion of Annotated Figure 3; labeled splitter below the midline) having a varying cross-sectional thickness (The thickness of the lower portion between the radially inner surface and the midline) along dimensions (The dimensions of the thickness of the lower portion) extending between the midline and the radially inner surface and perpendicular to the rotational axis of the rotor that initially increases and then decreases (Annotated Figure 3; labeled portion has an increased thickness while Annotated Figure 3; labeled transition has a decreased thickness) in a direction (The direction to the right in Figure 3) from the leading edge of the splitter nose structure toward downstream surfaces (The surfaces downstream (to the right) of the splitter) thereof.
Regarding claim 4, Wadia discloses the invention as claimed.
Wadia further discloses wherein the decrease in the cross-sectional thickness of the lower portion corresponds to a transition (Annotated Figure 3; labeled portion) from the splitter nose structure to a surface (The surface of the core duct adjacent to Annotated Figure 3; labeled transition) of the core duct.
Regarding claim 5, Wadia discloses the invention as claimed.
Wadia further discloses wherein the pitch angle is between 0.5 and 7 degrees (The pitch angle is 3 degrees).
Regarding claim 6, Wadia discloses the invention as claimed.
Wadia further discloses wherein the pitch angle is between 2 and 4 degrees (The pitch angle is 3 degrees).
Regarding claim 7, Wadia discloses the invention as claimed.
Wadia further discloses wherein the pitch angle is about 3 degrees (The pitch angle is 3 degrees).
Regarding claim 8, Wadia discloses a gas turbine engine (Figure 1; 10) comprising:
a fan section (The section shown in Figure 1) that includes a rotor (Annotated Figure 1; labeled rotor) having a rotor hub (Annotated Figure 1; labeled rotor hub) rotatable about a rotational axis (Figure 1; 12) and a fan (The fan formed by Figure 1; 16) having a plurality of fan blades (Figure 1; 16) extending from the rotor hub and annularly spaced about the rotational axis, wherein rotation of the rotor hub and the fan blades extending therefrom produces an accelerated air stream (Functional Language, the fan produces an accelerated air stream);
an annular splitter nose structure (Annotated Figure 3; labeled splitter. This is the portion of Figure 3; 18 to the left of and including Annotated Figure 3; labeled first and second dimension) downstream of the fan configured to impinge the accelerated air stream and separate the accelerated air stream (Functional Language, the splitter impinges and separates the accelerated air stream) into a primary air stream (The flow through Figure 1; 28) and a secondary air stream (The flow through Figure 1; 20);
a core duct (Annotated Figure 3; labeled core duct) downstream of the splitter nose structure configured to receive and direct the primary air stream to a compressor section, a combustion section, and a turbine section (Functional Language, one of ordinary skill in the art would recognize that the turbofan engine of Wadai would have a compressor, combustion, and turbine sections and that the core duct revies and directs the primary air stream feeds to these sections); and
a bypass duct (Annotated Figure 3; labeled bypass duct) downstream of the splitter nose structure configured to receive and direct the secondary air stream to an outlet (Functional Language, the bypass duct receives and directs the secondary air stream to the outlet of Annotated Figure 3; labeled bypass duct),
wherein the splitter nose structure includes a radially inner surface (The portion of Annotated Figure 3; labeled splitter below Annotated Figure 3; labeled midline) configured to be contacted by the primary air stream (Functional Language, the radially inner surface is contacted by the primary air stream), a radially outer surface (The portion of Annotated Figure 3; labeled splitter above Annotated Figure 3; labeled midline) configured to be contacted by the secondary air stream (Functional Language, the radially outer surface is contacted by the secondary air stream), and a midline (Annotated Figure 3; labeled midline. The midline is the point where the leading edge forms a 3 degree with a line perpendicular to the rotational axis and extends parallel to the rotational axis) therebetween that passes through a leading edge (The portion of Annotated Figure 3; labeled splitter to the left of the solid vertical line. The midline passes through the leading edge) of the splitter nose structure, wherein the splitter nose structure includes an irregular cross-sectional shape (The cross sectional shape of the splitter is irregular) such that a first dimension (Annotated Figure 3; labeled first dimension) between the midline and the radially inner surface is not equal to a second dimension (Annotated Figure 3; labeled second dimension) between the midline and the radially outer surface, wherein the first dimension and the second dimension are aligned, perpendicular to the rotational axis of the rotor, and pass through a point (Annotated Figure 3; labeled point) at which a curvature (The curvature of the radially outer surface at the point) of the radially outer surface of the splitter nose structure is the same as an adjacent surface (The portion of the bypass duct contacting Annotated Figure 3; labeled point) of the bypass duct, wherein the splitter nose structure comprises the leading edge that is pitched at a pitch angle (The pitch angle of the leading edge of Figure 1; 18 at Annotated Figure 3; labeled midline) of between about 0.5 and 20 degrees (The pitch angle is 3 degrees), wherein the pitch angle is defined between the leading edge at the midline and a line (Annotated Figure 1; labeled perpendicular line) perpendicular to the rotational axis of the rotor hub.
Regarding claim 9, Wadia discloses the invention as claimed.
Wadia further discloses wherein the splitter nose structure includes a lower portion (The portion of Annotated Figure 3; labeled splitter below the midline) having a varying cross-sectional thickness (The thickness of the lower portion between the radially inner surface and the midline) along dimensions (The dimensions of the thickness of the lower portion) extending between the midline and the radially inner surface and perpendicular to the rotational axis of the rotor that initially increases and then decreases (Annotated Figure 3; labeled portion has an increased thickness while Annotated Figure 3; labeled transition has a decreased thickness) in a direction (The direction to the right in Figure 3) from the leading edge of the splitter nose structure toward downstream surfaces (The surfaces downstream (to the right) of the splitter) thereof.
Regarding claim 10, Wadia discloses the invention as claimed.
Wadia further discloses wherein the decrease in the cross-sectional thickness of the lower portion corresponds to a transition (Annotated Figure 3; labeled portion) from the splitter nose structure to a surface (The surface of the core duct adjacent to Annotated Figure 3; labeled transition) of the core duct.
Regarding claim 12, Wadia discloses the invention as claimed.
Wadia further discloses wherein the pitch angle of between about 0.5 and 7 degrees (The pitch angle is 3 degrees).
Regarding claim 13, Wadia discloses the invention as claimed.
Wadia further discloses wherein the pitch angle of between about 2 and 4 degrees (The pitch angle is 3 degrees).
Regarding claim 14, Wadia discloses the invention as claimed.
Wadia further discloses wherein the pitch angle of about 3 degrees (The pitch angle is 3 degrees).
Regarding claim 15, Wadia discloses an aircraft (Paragraph 0002) comprising:
a gas turbine engine (Figure 1; 10) including a fan section (The section with Figure 1; 16), a compressor section, a combustion section, and a turbine section (A gas turbine engine has a compressor, combustor, and turbine by definition. See Cambridge Aerospace Dictionary and American Heritage Dictionary);
a rotor (Annotated Figure 1; labeled rotor) within the fan section having a rotor hub (Annotated Figure 1; labeled rotor hub) rotatable about a rotational axis (Figure 1; 12) and a fan (The fan formed by Figure 1; 16) having a plurality of fan blades (Figure 1; 16) extending from the rotor hub and annularly spaced about the rotational axis, wherein rotation of the rotor hub and the fan blades extending therefrom is configured to produce an accelerated air stream (Functional Language, the fan produces an accelerated air stream);
an annular splitter nose structure (Annotated Figure 3; labeled splitter. This is the portion of Figure 3; 18 to the left of and including Annotated Figure 3; labeled first and second dimension) downstream of the fan configured to impinge the accelerated air stream and separate the accelerated air stream (Functional Language, the splitter impinges and separates the accelerated air stream) into a primary air stream (The flow through Figure 1; 28) and a secondary air stream (The flow through Figure 1; 20), wherein the splitter nose structure comprises a leading edge (The portion of Annotated Figure 3; labeled splitter to the left of the solid vertical line) that is pitched at a pitch angle (The pitch angle of the leading edge of Figure 1; 18 at Annotated Figure 3; labeled midline) of between about 0.5 and 20 degrees (The pitch angle is 3 degrees), wherein the splitter nose structure includes a radially inner surface (The portion of Annotated Figure 3; labeled splitter below Annotated Figure 3; labeled midline) configured to be contacted by the primary air stream (Functional Language, the radially inner surface is contacted by the primary air stream), a radially outer surface (The portion of Annotated Figure 3; labeled splitter above Annotated Figure 3; labeled midline) configured to be contacted by the secondary air stream, and a midline (Annotated Figure 3; labeled midline. The midline is the point where the leading edge forms a 3 degree with a line perpendicular to the rotational axis and extends parallel to the rotational axis) therebetween that passes through the leading edge (The midline passes through the leading edge), wherein the pitch angle is defined between the leading edge at the midline and a line (Annotated Figure 1; labeled perpendicular line) perpendicular to the rotational axis of the rotor hub;
a core duct (Annotated Figure 3; labeled core duct) downstream of the splitter nose structure configured to receive and direct the primary air stream to the compressor section, the combustion section, and the turbine section (Functional Language, one of ordinary skill in the art would recognize that the turbofan engine of Wadai would have a compressor, combustion, and turbine sections and that the core duct revies and directs the primary air stream feeds to these sections); and
a bypass duct (Annotated Figure 3; labeled bypass duct) downstream of the splitter nose structure configured to receive and direct the secondary air stream to an outlet (Functional Language, the bypass duct receives and directs the secondary air stream to the outlet of Annotated Figure 3; labeled bypass duct).
Regarding claim 16, Wadia discloses the invention as claimed.
Wadia further discloses wherein the splitter nose structure includes an irregular cross-sectional shape (The cross sectional shape of the splitter is irregular) such that a first dimension (Annotated Figure 3; labeled first dimension) between the midline and the radially inner surface is not equal to a second dimension (Annotated Figure 3; labeled second dimension) between the midline and the radially outer surface, wherein the first dimension and the second dimension are aligned, perpendicular to the rotational axis of the rotor, and pass through a point (Annotated Figure 3; labeled point) at which a curvature (The curvature of the radially outer surface at the point) of the radially outer surface of the splitter nose structure is the same as an adjacent surface (The portion of the bypass duct contacting Annotated Figure 3; labeled point) of the bypass duct.
Regarding claim 17, Wadia discloses the invention as claimed.
Wadia further discloses wherein the splitter nose structure includes a lower portion (The portion of Annotated Figure 3; labeled splitter below the midline)having a varying cross-sectional thickness (The thickness of the lower portion between the radially inner surface and the midline) along dimensions (The dimensions of the thickness of the lower portion) extending between the midline and the radially inner surface and perpendicular to the rotational axis of the rotor that initially increases and then decreases (Annotated Figure 3; labeled portion has an increased thickness while Annotated Figure 3; labeled transition has a decreased thickness) in a direction (The direction to the right in Figure 3) from the leading edge of the splitter nose structure toward downstream surfaces (The surfaces downstream (to the right) of the splitter) thereof.
Regarding claim 18, Wadia discloses the invention as claimed.
Wadia further discloses wherein the decrease in the cross-sectional thickness of the lower portion corresponds to a transition (Annotated Figure 3; labeled portion) from the splitter nose structure to a surface (The surface of the core duct adjacent to Annotated Figure 3; labeled transition) of the core duct.
Regarding claim 19, Wadia discloses the invention as claimed.
Wadia further discloses wherein the pitch angle is between 0.5 and 7 degrees (The pitch angle is 3 degrees).
Regarding claim 20, Wadia discloses the invention as claimed.
Wadia further discloses wherein the pitch angle is between 2 and 4 degrees (The pitch angle is 3 degrees).
Response to Arguments
Applicant's arguments filed 11/5/2025 have been fully considered but they are not persuasive.
Applicant asserts that the amendments to the specification do not present new matter. Examiner respectfully disagrees. The drawings filed 8/21/2023 do not show the pitch angle being defined between the leading edge 212 at the midline 218, and as such, the amendment to the specification is considered new matter.
Applicant asserts that the drawings dated 6/3/2025 do not present new matter. Examiner respectfully disagrees. The drawings dated 6/3/2025 are considered new matter because it is unclear whether or not this new angle θ falls within the recited ranges. Furthermore, this amendment to Figure 5 appears to change the definition of “leading edge” in the instant application to the foremost, upstream edge since the original Figure 5 of the instant application has the leading edge comprising the leading surface of the nose splitter nose.
Applicant asserts that Wadia does not disclose a pitch angle between 0.5 and 20 degrees. Examiner respectfully disagrees. Under the new interpretation of Wadia in this OA, Wadia discloses a pitch angle between 0.5 and 20 degrees.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Srinivasa et al (US 20160108740 as referenced in OA dated 6/3/2025) in Paragraph 0036 and Figure 3 that the leading edge is an area
Crites et al (US 20150082808 as referenced in OA dated 6/3/2025) in Paragraph 0030 and Figure 3 that the leading edge is an area
Morris et al (US 20140099189 as referenced in OA dated 6/3/2025) in Paragraph 0033 and Figure 3 that the leading edge is an area
Feulner et al (US 20130192197 as referenced in OA dated 7/9/2024) states in Figure 1 and Paragraph 0034 that a turbofan generally incorporates a fan, compressor, combustor, and turbine and that the bypass duct has an outlet
Joshi et al (US 20130219895 as referenced in OA dated 7/9/2024) states in Figure 1 and Paragraph 0020 that a turbofan generally incorporates a fan, compressor, combustor, and turbine and that the bypass duct has an outlet
Sibach et al (US 20230060010 as referenced in OA dated 7/9/2024) states in Figure 1 and Paragraph 0002 that a turbofan generally incorporates a fan, compressor, combustor, and turbine and that the bypass duct has an outlet
Ponchak et al (US 20180023417 as referenced in OA dated 7/9/2024) states in Figure 1 and Paragraph 0033 that a turbofan generally incorporates a fan, compressor, combustor, and turbine and that the bypass duct has an outlet
Wikipedia (Turbofan as referenced in OA dated 7/9/2024) teaches that a fan produces an accelerated air stream
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 EDWIN G KANG whose telephone number is (571)272-9814. The examiner can normally be reached Mon-Fri 8:00-5:00 PM 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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EDWIN KANG/Primary Examiner, Art Unit 3741