DETAILED ACTION
Election/Restrictions
Claims 28-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 20 June 2025.
Status
This Non-Final Office Action is in response to the application papers filed on 4 December 2023 and 20 June 2025.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim(s) 1-20 are canceled.
Claim(s) 21-40 is/are pending.
Claim(s) 28-34 is/are withdrawn from consideration.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 4 December 2023 and 13 June 2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has/have been considered.
Abstract
The abstract of the disclosure is objected to because language is unclear as to if the invention described by the abstract is the invention of the disclosure due to the use of the term “can” in the first line. The following is suggested: A gas turbine engine includes an engine core…the gears further include an epicyclic gearing…The gas turbine engine further includes a secondary auxiliary power shaft... Appropriate correction is required. A corrected abstract of the disclosure must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Specification
The disclosure is objected to because of the following informality(ies):
(A) At paragraph 0001: “The application relates” is suggested to be: The present invention relates. Appropriate correction is required.
(B) At paragraph 0006: “the power output gear” is suggested to be: the core output gear. Appropriate correction is required.
(C) At paragraph 0017: “the power output gear” is suggested to be: the core output gear. Appropriate correction is required.
(D) At paragraph 0030: “Fig.2” is suggested to be: Fig. 2. Appropriate correction is required.
The disclosure may have more informalities not identified above. Please review the specification for any further appropriate correction(s).
Claim Objections
Claim(s) 21 is/are objected to because of the following informality(ies):
(A) At line 1: “comprising :” is suggested to be: comprising:. Appropriate correction is required.
Claim(s) 22 is/are objected to because of the following informality(ies):
(A) At line 8: “the power output gear” is suggested to be: the core output gear. Appropriate correction is required.
Claim(s) 35 is/are objected to because of the following informality(ies):
(A) At line 1: “comprising :” is suggested to be: comprising:. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 22-23, 28-34, and 40 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
(A) Regarding Claim(s) 22:
(i) Claim(s) 22 recite(s): the first stage shaft having an output gear forming a sun gear of the epicyclic gearing reduction stage, the core output shaft having a core output gear…an auxiliary power gear. Thus, claim(s) 22 is/are rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, it is unclear if the output gear forming a sun gear, the core output gear and the auxiliary power gear of claim 22 are the same or different from the corresponding gears of claim 21 (see lines 16-17: having corresponding gears being individually meshed to the first gear). The most relevant portion of the specification, found by the Office, at paragraph 0046 discloses the first stage shaft has a first gear 68 and a sun gear 50, the core output shaft has a core output gear 70, and the auxiliary shaft has an auxiliary power gear 72. However, both claim 21 and 22 recite gears for the respective shafts. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claims, when construed in light of the specification, before the effective filing date of the claimed invention. For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting at least one gear for respective shafts to be pertinent to the relevant claim limitation(s).
(ii) Claim 22 recites the limitation "the power output gear" in line 8. There is insufficient antecedent basis for this limitation in the claim. Therefore, the claim is unclear as to whether or not applicant(s) is/are further limiting a claim limitation or introducing a new claim limitation.
(B) Regarding Claim(s) 23:
(i) Claim(s) 23 recite(s): the epicyclic gearing has a sun gear…a ring gear…a plurality of planet gears. Thus, claim(s) 23 is/are rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, it is unclear if the sun gear, ring gear and planet gears of claim 23 are the same or different from the corresponding gears of claim 21 (see lines 16-17: having corresponding gears being individually meshed to the first gear). The most relevant portion of the specification, found by the Office, at paragraph 0046 discloses the reduction stage has epicyclic gearing comprising a sun gear 50, ring gear 52 and planet gears 54. However, claim 23 recites specific gears without referencing back to the broadly recited “corresponding gears” of claim 21. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claims, when construed in light of the specification, before the effective filing date of the claimed invention. For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting epicyclic gearing to be pertinent to the relevant claim limitation(s).
(C) Regarding Claim 25:
(i) Claim 25 recites: “one or more of the first auxiliary power shaft and the second auxiliary power shaft is drivingly connected to another gas turbine engine.” The most relevant portion(s) of the specification found by the Office, at paras. 0013-0014, 0016, 0051 ad 0054, disclose(s) one shaft is drivingly connected to either another gas turbine engine or an electric machine. Thus, claim 25 is rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, all of the shafts are connected via the reduction gearbox and the claim suggests (due to phrase “one or more”) that both the first and second auxiliary power shafts are drivingly connected to another gas turbine engine. However, the specification discloses the electric machine and another gas turbine engine are drivingly connected by separate auxiliary power shafts. Due to the combination of phrase “one or more” and the phrase “drivingly connected,” claim 25 lacks clarity. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claim, when construed in light of the specification, before the effective filing date of the claimed invention.
For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting at least one of the auxiliary shafts drivingly connected to another gas turbine engine to be pertinent to the relevant claim limitation(s).
(D) Regarding Claim 26:
(i) Claim 26 recites: “one or more of the first auxiliary power shaft and the second auxiliary power shaft is drivingly connected to an electric machine.” The most relevant portion(s) of the specification found by the Office, at paras. 0013-0014, 0016, 0051 ad 0054, disclose(s) one shaft is drivingly connected to either another gas turbine engine or an electric machine. Thus, claim 26 is rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, all of the shafts are connected via the reduction gearbox and the claim suggests (due to phrase “one or more”) that both the first and second auxiliary power shafts are drivingly connected to the electric machine. However, the specification discloses the electric machine and another gas turbine engine are drivingly connected by separate auxiliary power shafts. Due to the combination of phrase “one or more” and the phrase “drivingly connected,” claim 26 lacks clarity. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claim, when construed in light of the specification, before the effective filing date of the claimed invention.
For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting at least one of the auxiliary shafts drivingly connected to an electric machine to be pertinent to the relevant claim limitation(s).
(E) Regarding Claim 37:
(i) Claim 37 recites: “one or more of the first auxiliary power shaft and the second auxiliary power shaft is operatively connected to one or more of an electric machine and another gas turbine engine.” The most relevant portion(s) of the specification found by the Office, at paras. 0013-0014, 0016, 0051 ad 0054, disclose(s) one shaft is drivingly connected to either another gas turbine engine or an electric machine. Thus, claim 37 is rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, all of the shafts are connected via the reduction gearbox and the claim suggests (due to phrase “one or more”) that both the first and second auxiliary power shafts are drivingly connected to the electric machine or another gas turbine engine. However, the specification discloses the electric machine and another gas turbine engine are drivingly connected by separate auxiliary power shafts. Due to the combination of phrase “one or more” and the phrase “operatively connected,” claim 37 lacks clarity. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claim, when construed in light of the specification, before the effective filing date of the claimed invention.
For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting at least one of the auxiliary shafts operatively connected to either an electric machine or another gas turbine engine to be pertinent to the relevant claim limitation(s).
(F) Regarding Claim(s) 40:
(i) Claim(s) 40 recite(s) corresponding gears (at line 3). Thus, claim(s) 40 is/are rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, it is unclear if the corresponding gears of claim 40 are the same as, or different from, the gears of claim 35. The most relevant portion of the specification, found by the Office, at paragraph 0046 discloses a gear associated with each shaft. However, both claims 35 and 40 recite gears and it remains unclear if the gears of claim 40 are in addition to the gears of claim 35. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claims, when construed in light of the specification, before the effective filing date of the claimed invention. For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting at least one gear with each respective shaft to be pertinent to the relevant claim limitation(s).
(ii) Claim 40 recites the limitation "the core output shaft gear" in line 3. There is insufficient antecedent basis for this limitation in the claim. Therefore, the claim is unclear as to whether or not applicant(s) is/are further limiting a claim limitation or introducing a new claim limitation.
(iii) Claim 40 recites the limitation "a first one of the first and second auxiliary power shaft gears" in line 4. There is insufficient antecedent basis for this limitation in the claim. Therefore, the claim is unclear as to whether or not applicant(s) is/are further limiting a claim limitation or introducing a new claim limitation.
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.
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) 21-24, 26-27, and 35-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2021/0179286 to Harvey et al. (hereinafter “HARVEY”)
(A) Regarding claim 21:
HARVEY teaches:
A gas turbine engine comprising:
an engine core (Fig. 2, comprised of several components 14, 16, 18, 20, 22);
a core output shaft (comprised of two parts 24, 54 due to clutch 50) drivable by the engine core;
a power output shaft (68);
a first auxiliary power shaft (comprised of two parts 38, 56 due to clutch 52, wherein the shaft is coupled to an electrical machine, see para. 0037: an electric motor);
a second auxiliary power shaft (not shown in Fig. 2, wherein the shaft is coupled to an electrical machine, see para. 0037: one or more electrical machines driving the propulsor 12); and
a reduction gearbox (36, schematically shown) having an input port operatively connected to the core output shaft (comprised of two parts 24, 54 due to clutch 50), an output port operatively connected to the power output shaft (68), a first auxiliary port operatively connected to the first auxiliary power shaft (comprised of two parts 38, 56 due to clutch 52), and epicyclic gearing (60) drivingly connecting the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft (via the gear 66);
wherein the reduction gearbox includes a first gear (66) having a rotation axis, wherein the first auxiliary power shaft (of two parts 38, 56), the second auxiliary power shaft (not shown in Fig. 2, see para. 0037: one or more electrical machines driving the propulsor 12 and para. 0069: more than one electric motor 428 and each motor being mounted to a respective planet gear) and the core output shaft (of two parts, 24, 54) are parallel to one another and to the rotation axis and have corresponding gears (64, 62, 42, 46) being individually meshed to the first gear and circumferentially distributed around the first gear (para. 0017: combining gearbox having first parallel-axis stage gearbox and second stage epicyclic gearbox).
However, the difference between HARVEY and the claimed invention is that HARVEY does not explicitly teach the embodiment of Fig. 2 has a second auxiliary port operative connected to the second auxiliary power shaft, wherein the gears drivingly connect the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft.
HARVEY further teaches:
A gas turbine engine comprising: a gearbox (Fig. 8, 436) with more than one input for respective auxiliary shafts coupled to electric machines (428), wherein the auxiliary shafts each have a gear (442) drivingly connecting the auxiliary shafts to the core shaft (424) and the power output shaft (see Abstract: the engine coupled to a first input of the combining gearbox, the electric motor coupled to a second input, the propulsor coupled to an output and, for an additional electric machine, see para. 0037: one or more electrical machines driving the propulsor 12 and for connection of the additional electric machine by gearing see para. 0069: more than one electric motor 428 and each motor being mounted to a respective planet gear).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gearbox of the HARVEY Fig. 2 embodiment by having a second auxiliary input for the second auxiliary shaft and the second auxiliary shaft with a respective gear, such that the gears drivingly connect the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft, as taught by HARVEY, in order to couple a second electrical machine to the propulsor and thereby achieve the predictable result of providing drive to the propulsor (para. 0003: combined drive of the propulsor by internal combustion engine and one or more electric motors).
(B) Regarding Claim 22:
Modified HARVEY teaches:
the epicyclic gearing is a second reduction stage (para. 0017: the combining gearbox includes a second stage epicyclic gearbox), the reduction gearbox further comprising a first reduction stage (para. 0017: the combining gearbox includes a first stage) including a first gear (Fig. 2, 66) supported concentrically by a first stage shaft, the first stage shaft having an output gear forming a sun gear (40) of the epicyclic gearing reduction stage, the core output shaft (of two parts 24, 54) having a core output gear (62) radially offset from a first rotation axis of the first stage shaft and drivingly meshed with the first gear, one or more of the first auxiliary power shaft and the second auxiliary power shaft having an auxiliary power gear (64) radially offset from the first rotation axis and drivingly meshed with the first gear, the auxiliary power gear being circumferentially offset from the power output gear (46) relative the first rotation axis, wherein the first stage shaft, the core output shaft and the one or more of the first auxiliary power shaft and the second auxiliary power shaft are parallel to one another (see para. 0017: parallel-axis gearbox).
(C) Regarding Claim 23:
Modified HARVEY teaches:
the epicyclic gearing has a sun gear (Fig. 2, 40) having a first rotation axis, the sun gear configured to receive power from at least one of the core output shaft, the first auxiliary power shaft and the second auxiliary power shaft (via the gear 66), a ring gear (46) concentric to the sun gear relative the first rotation axis, a plurality of planet gears (42) individually drivingly meshed between the sun gear and the ring gear, the planet gears circumferentially interspaced from one another around the first rotation axis, a planet carrier (44) individually rotatably operatively connected to each one of the planet gears and holding rotation axes of the planet gears fixed relative to one another, wherein a first one of the planet carrier and the ring gear is secured to a housing of the reduction gearbox and a second one of the planet carrier and the ring gear is made integral to the power output shaft (para. 0058: planet carrier statically mounted).
(D) Regarding Claim 24:
Modified HARVEY teaches:
a clutch (Fig. 2, 50) between the engine core and the core output shaft, the clutch operable to engage or disengage the core output shaft and the engine core (para. 0010: propulsor driven by either or both of the internal combustion engine and the electric motor due to the clutch).
(E) Regarding Claim 26:
Modified HARVEY teaches:
one or more of the first auxiliary shaft and the second auxiliary shaft is operatively connected to an electric machine (para. 0037: one or more electrical machines driving the propulsor 12, wherein Fig. 2 shows one auxiliary shaft 38, 56 that is coupled to electric motor 28).
(F) Regarding Claim 27:
Modified HARVEY teaches:
the engine core (Fig. 2) has, in fluid flow communication, an inlet (not numbered, located prior to compressor section 14), a compressor section (14), a combustor section (16), a turbine section (of high and low pressure sections, 18 and 20) and an exhaust section (not numbered, located after the turbine section 18), the core output shaft (of two parts 24, 54 due to clutch 50) being drivingly connected to the turbine section (see low pressure turbine 20).
(G) Regarding Claim 35:
HARVEY teaches:
A gas turbine engine comprising:
an engine core (Fig. 2, comprised of several components 14, 16, 18, 20, 22);
a core output shaft (comprised of two parts 24, 54 due to clutch 50) drivable by the engine core;
a power output shaft (68);
a first auxiliary power shaft (comprised of two parts 38, 56 due to clutch 52, wherein the shaft is coupled to an electrical machine, see para. 0037: an electric motor);
a second auxiliary power shaft (not shown in Fig. 2, wherein the shaft is coupled to an electrical machine, see para. 0037: one or more electrical machines driving the propulsor 12); and
a reduction gearbox (36, schematically shown) having an input port operatively connected to the core output shaft (comprised of two parts 24, 54 due to clutch 50), an output port operatively connected to the power output shaft (68), a first auxiliary port operatively connected to the first auxiliary power shaft (comprised of two parts 38, 56 due to clutch 52), and gears (62, 64, 66, 40, 42).
However, the difference between HARVEY and the claimed invention is that HARVEY does not explicitly teach the embodiment of Fig. 2 has a second auxiliary port operative connected to the second auxiliary power shaft, wherein the gears drivingly connect the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft.
HARVEY further teaches:
A gas turbine engine comprising: a gearbox (Fig. 8, 436) with more than one input for respective auxiliary shafts coupled to electric machines (428), wherein the auxiliary shafts each have a gear (442) drivingly connecting the auxiliary shafts to the core shaft (424) and the power output shaft (see Abstract: the engine coupled to a first input of the combining gearbox, the electric motor coupled to a second input, the propulsor coupled to an output and, for an additional electric machine, see para. 0037: one or more electrical machines driving the propulsor 12 and for connection of the additional electric machine by gearing see para. 0069: more than one electric motor 428 and each motor being mounted to a respective planet gear).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gearbox of the HARVEY Fig. 2 embodiment by having a second auxiliary input for the second auxiliary shaft and the second auxiliary shaft with a respective gear, such that the gears drivingly connect the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft, as taught by HARVEY, in order to couple a second electrical machine to the propulsor and thereby achieve the predictable result of providing drive to the propulsor (para. 0003: combined drive of the propulsor by internal combustion engine and one or more electric motors).
(H) Regarding Claim 36:
Modified HARVEY further teaches:
the gears include an epicyclic gearing (para. 0017: the combining gearbox includes a second stage epicyclic gearbox), the epicyclic gearing drivingly connecting the core output shaft, the first auxiliary power shaft and the second auxiliary power shaft to the power output shaft (see Abstract: the engine coupled to a first input of the combining gearbox, the electric motor coupled to a second input, the propulsor coupled to an output and, for an additional electric machine coupled to a third input, see para. 0037: one or more electrical machines driving the propulsor 12 and para. 0069: more than one electric motor 428 and each motor being mounted to a respective planet gear).
(I) Regarding Claim 37:
Modified HARVEY further teaches:
one or more of the first auxiliary shaft and the second auxiliary shaft is operatively connected to one or more of an electric machine and another gas turbine engine (para. 0037: one or more electrical machines driving the propulsor 12, wherein Fig. 2 shows one auxiliary shaft 38, 56 that is coupled to electric motor 28).
(J) Regarding Claim 38:
Modified HARVEY further teaches:
a clutch (Fig. 2, 50) between the engine core and the core output shaft, the clutch operable to engage or disengage the core output shaft and the engine core (para. 0010: propulsor driven by either or both of the internal combustion engine and the electric motor due to the clutch).
(K) Regarding Claim 39:
Modified HARVEY further teaches:
the gears include a first gear (Fig. 2, 66) having a rotation axis, wherein the first auxiliary power shaft (of two parts 38, 56), the second auxiliary power shaft (not shown in Fig. 2, see para. 0037: one or more electrical machines driving the propulsor 12 and para. 0069: more than one electric motor 428 and each motor being mounted to a respective planet gear) and the core output shaft (of two parts, 24, 54) are parallel to one another and to the rotation axis and have corresponding gears (64, 62, 42, 46) being individually meshed to the first gear and circumferentially distributed around the first gear (para. 0017: combining gearbox having first parallel-axis stage gearbox and second stage epicyclic gearbox).
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified HARVEY, as applied to claim 35 above, and further in view of U.S. Patent Application Publication No. 10,400,858 to Mitrovic et al. (hereinafter “MITROVIC”).
(A) Regarding Claim 40:
Modified HARVEY teaches:
the gears include a first gear (Fig. 2, 66) having a rotation axis, wherein the first auxiliary power shaft (of two parts, 38, 56 due to clutch 52), the second auxiliary power shaft (see para. 0037: one or more electrical machines driving the propulsor 12) and the core output shaft (of two parts 24, 54 due to clutch 50) are parallel to one another (see para. 0017: parallel-axis gearbox) and to the rotation axis and have corresponding gears (62, 64), the core output shaft gear (62) and both the first auxiliary power shaft and second auxiliary power shaft having respective gears (64) being individually meshed to the first gear (see para. 0037: one or more electrical machines driving the propulsor 12 and para. 0069: more than one electric motor 428 and each motor being mounted to a respective planet gear).
However, the difference between modified HARVEY and the claimed invention is that modified HARVEY does not explicitly teach a first one of the first and second auxiliary power shaft gears being individually meshed to the first gear and a second one of the first and second auxiliary power shaft gears being drivingly connected to the first gear via the first one of the first and second auxiliary power shaft gears.
MITROVIC teaches:
A gearbox (Fig. 2) comprising: a first auxiliary power shaft (having gears 46 and 48) being individually meshed to a first gear (42, Fig. 3) and a second auxiliary power shaft gear (50) being drivingly connected to the first gear (42) via the first auxiliary power shaft gear (46).
Thus, both HARVEY and MITROVIC teach drivingly connecting a first and second auxiliary shaft within a gearbox. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the second auxiliary power shaft drivingly connected to the first gear via the first auxiliary power shaft gear for the first and second auxiliary shaft being individually meshed to the first gear via respective gears to achieve the predictable result of providing drive to or from accessories (cols. 3-4, bridging para., ll. 63-2). See MPEP 2141(III)).
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 25 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 6 of prior U.S. Patent No. 11,867,126.
(A) Regarding Claim 25:
Instant Application
Patent
Claim 21. A gas turbine engine comprising :
an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
a first auxiliary power shaft;
a second auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, a first auxiliary port operatively connected to the first auxiliary power shaft, a second auxiliary port operatively connected to the second auxiliary power shaft, and epicyclic gearing drivingly connecting the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft, the epicyclic gearing drivingly connecting the core output shaft, the first auxiliary power shaft and the second auxiliary power shaft to the power output shaft;
wherein the reduction gearbox includes a first gear having a rotation axis, wherein the first auxiliary power shaft, the second auxiliary power shaft and the core output shaft are parallel to one another and to the rotation axis and have corresponding gears being individually meshed to the first gear and circumferentially distributed around the first gear.
Claim 25: The gas turbine engine of claim 21, wherein one or more of the first auxiliary power shaft and the second auxiliary power shaft is drivingly connected to another gas turbine engine.
Claim 1. A gas turbine engine comprising :an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
an auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, an auxiliary port operatively connected to the auxiliary power shaft, and epicyclic gearing drivingly connecting the core output shaft to the auxiliary power shaft, the epicyclic gearing drivingly connecting the core output shaft and the auxiliary power shaft to the power output shaft;
wherein the auxiliary power shaft is drivingly connected to another gas turbine engine.
Claim 5. The gas turbine engine of claim 1, wherein the auxiliary port is a first auxiliary port and the auxiliary power shaft is a first auxiliary power shaft, further comprising a second auxiliary port operatively connected to a second auxiliary power shaft, the reduction gearbox drivingly connecting the second auxiliary power shaft to the first auxiliary power shaft and the core output shaft.
Claim 6. The gas turbine engine of claim 5, wherein the reduction gearbox includes a first gear having a rotation axis, wherein the first auxiliary power shaft, the second auxiliary power shaft and the core output shaft are parallel to one another and to the rotation axis and have corresponding gears being individually meshed to the first gear and circumferentially distributed around the first gear.
Instant application claim 25 is identical in scope compared to patent claim 6 even though the wording between the claims is slightly different. The phrase “one or more” in instant application claim 25 requires only one of the auxiliary shafts, e.g. the first auxiliary power shaft, to be drivingly connected to another gas turbine engine. Thus, it is apparent that the instant application claim 25 is anticipated by patent claim 6.
This is a statutory double patenting rejection.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 21, 35-37 and 39-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5-7 of U.S. Patent No. 11,867,126.
(A) Regarding Claim 21:
Instant Application
Patent
Claim 21. A gas turbine engine comprising :
an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
a first auxiliary power shaft;
a second auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, a first auxiliary port operatively connected to the first auxiliary power shaft, a second auxiliary port operatively connected to the second auxiliary power shaft, and epicyclic gearing drivingly connecting the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft, the epicyclic gearing drivingly connecting the core output shaft, the first auxiliary power shaft and the second auxiliary power shaft to the power output shaft;
wherein the reduction gearbox includes a first gear having a rotation axis, wherein the first auxiliary power shaft, the second auxiliary power shaft and the core output shaft are parallel to one another and to the rotation axis and have corresponding gears being individually meshed to the first gear and circumferentially distributed around the first gear.
Claim 1. A gas turbine engine comprising :an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
an auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, an auxiliary port operatively connected to the auxiliary power shaft, and epicyclic gearing drivingly connecting the core output shaft to the auxiliary power shaft, the epicyclic gearing drivingly connecting the core output shaft and the auxiliary power shaft to the power output shaft;
wherein the auxiliary power shaft is drivingly connected to another gas turbine engine.
Claim 5. The gas turbine engine of claim 1, wherein the auxiliary port is a first auxiliary port and the auxiliary power shaft is a first auxiliary power shaft, further comprising a second auxiliary port operatively connected to a second auxiliary power shaft, the reduction gearbox drivingly connecting the second auxiliary power shaft to the first auxiliary power shaft and the core output shaft.
Claim 6. The gas turbine engine of claim 5, wherein the reduction gearbox includes a first gear having a rotation axis, wherein the first auxiliary power shaft, the second auxiliary power shaft and the core output shaft are parallel to one another and to the rotation axis and have corresponding gears being individually meshed to the first gear and circumferentially distributed around the first gear.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim 21 falls entirely within the scope of patent claim 6. Claim 21 of the instant application requires all the features of a gas turbine engine that is identical to that of patent claim 6 except that the patent claim further requires the auxiliary power shaft is drivingly connected to another gas turbine engine. Thus, it is apparent that the instant application claim 21 is anticipated by the more specific patent claim 6.
(B) Regarding Claim 35:
Instant Application
Patent
Claim 35. A gas turbine engine comprising :
an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
a first auxiliary power shaft;
a second auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, a first auxiliary port operatively connected to the first auxiliary power shaft, a second auxiliary port operatively connected to the second auxiliary power shaft, and gears, the gears drivingly connecting the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft.
Claim 1. A gas turbine engine comprising :an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
an auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, an auxiliary port operatively connected to the auxiliary power shaft, and epicyclic gearing drivingly connecting the core output shaft to the auxiliary power shaft, the epicyclic gearing drivingly connecting the core output shaft and the auxiliary power shaft to the power output shaft;
wherein the auxiliary power shaft is drivingly connected to another gas turbine engine.
Claim 5. The gas turbine engine of claim 1, wherein the auxiliary port is a first auxiliary port and the auxiliary power shaft is a first auxiliary power shaft, further comprising a second auxiliary port operatively connected to a second auxiliary power shaft, the reduction gearbox drivingly connecting the second auxiliary power shaft to the first auxiliary power shaft and the core output shaft.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim 35 falls entirely within the scope of patent claim 5. Claim 35 of the instant application requires all the features of a gas turbine engine that is identical to that of patent claim 5 except that the patent claim further requires the gears are epicyclic gearing and the auxiliary power shaft is drivingly connected to another gas turbine engine. Thus, it is apparent that the instant application claim 35 is anticipated by the more specific patent claim 5.
(C) Regarding Claim 36:
Instant Application
Patent
Claim 35. A gas turbine engine comprising :
an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
a first auxiliary power shaft;
a second auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, a first auxiliary port operatively connected to the first auxiliary power shaft, a second auxiliary port operatively connected to the second auxiliary power shaft, and gears, the gears drivingly connecting the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft.
Claim 36. The gas turbine engine as defined in claim 35, wherein the gears include an epicyclic gearing, the epicyclic gearing drivingly connecting the core output shaft, the first auxiliary power shaft and the second auxiliary power shaft to the power output shaft.
Claim 1. A gas turbine engine comprising :an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
an auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, an auxiliary port operatively connected to the auxiliary power shaft, and epicyclic gearing drivingly connecting the core output shaft to the auxiliary power shaft, the epicyclic gearing drivingly connecting the core output shaft and the auxiliary power shaft to the power output shaft;
wherein the auxiliary power shaft is drivingly connected to another gas turbine engine.
Claim 5. The gas turbine engine of claim 1, wherein the auxiliary port is a first auxiliary port and the auxiliary power shaft is a first auxiliary power shaft, further comprising a second auxiliary port operatively connected to a second auxiliary power shaft, the reduction gearbox drivingly connecting the second auxiliary power shaft to the first auxiliary power shaft and the core output shaft.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim 36 falls entirely within the scope of patent claim 5. Claim 36 of the instant application requires all the features of a gas turbine engine that is identical to that of patent claim 5 except that the patent claim further requires the auxiliary power shaft is drivingly connected to another gas turbine engine. Thus, it is apparent that the instant application claim 36 is anticipated by the more specific patent claim 5.
(D) Regarding Claim 37:
Instant Application
Patent
Claim 35. A gas turbine engine comprising :
an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
a first auxiliary power shaft;
a second auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, a first auxiliary port operatively connected to the first auxiliary power shaft, a second auxiliary port operatively connected to the second auxiliary power shaft, and gears, the gears drivingly connecting the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft.
Claim 37. The gas turbine engine as defined in claim 35, wherein one or more of the first auxiliary shaft and the second auxiliary shaft is operatively connected to one or more of an electric machine and another gas turbine engine.
Claim 1. A gas turbine engine comprising :an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
an auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, an auxiliary port operatively connected to the auxiliary power shaft, and epicyclic gearing drivingly connecting the core output shaft to the auxiliary power shaft, the epicyclic gearing drivingly connecting the core output shaft and the auxiliary power shaft to the power output shaft;
wherein the auxiliary power shaft is drivingly connected to another gas turbine engine.
Claim 5. The gas turbine engine of claim 1, wherein the auxiliary port is a first auxiliary port and the auxiliary power shaft is a first auxiliary power shaft, further comprising a second auxiliary port operatively connected to a second auxiliary power shaft, the reduction gearbox drivingly connecting the second auxiliary power shaft to the first auxiliary power shaft and the core output shaft.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim 37 falls entirely within the scope of patent claim 5. Claim 37 of the instant application requires all the features of a gas turbine engine that is identical to that of patent claim 5 except that the patent claim further requires the gears are epicyclic gearing. Thus, it is apparent that the instant application claim 37 is anticipated by the more specific patent claim 5.
(E) Regarding Claim 39:
Instant Application
Patent
Claim 35. A gas turbine engine comprising :
an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
a first auxiliary power shaft;
a second auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, a first auxiliary port operatively connected to the first auxiliary power shaft, a second auxiliary port operatively connected to the second auxiliary power shaft, and gears, the gears drivingly connecting the core output shaft to the first auxiliary power shaft and the second auxiliary power shaft.
Claim 39. The gas turbine engine of claim 35, wherein the gears include a first gear having a rotation axis, wherein the first auxiliary power shaft, the second auxiliary power shaft and the core output shaft are parallel to one another and to the rotation axis and have corresponding gears being individually meshed to the first gear and circumferentially distributed around the first gear.
Claim 1. A gas turbine engine comprising :an engine core;
a core output shaft drivable by the engine core;
a power output shaft;
an auxiliary power shaft; and
a reduction gearbox having an input port operatively connected to the core output shaft, an output port operatively connected to the power output shaft, an auxiliary port operatively connected to the auxiliary power shaft, and epicyclic gearing drivingly connecting the core output shaft to the auxiliary power shaft, the epicyclic gearing drivingly connecting the core output shaft and the auxiliary power shaft to the power output shaft;
wherein the auxiliary power shaft is drivingly connected to another gas turbine engine.
Claim 5. The gas turbine engine of claim 1, wherein the auxiliary port is a first auxiliary port and the auxiliary power shaft is a first auxiliary power shaft, further comprising a second auxiliary port operatively connected to a second auxiliary power shaft, the reduction gearbox drivingly connecting the second auxiliary power shaft to the first auxiliary power shaft and the core output shaft.
Claim 6. The gas turbine engine of claim 5, wherein the reduction gearbox includes a first gear having a rotation axis, wherein the first auxiliary power shaft, the second auxiliary power shaft and the core output shaft are parallel to one another and to the rotation axis and have corresponding gears being individually meshed to the first gear and circumfer