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 .
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.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-15) in the reply filed on 05/21/2025 is acknowledged. Claims 16-20 are hereby withdrawn from consideration.
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(s) 1-2, 5-11, 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martin (US 2018/0058568 A1) in view of Strait (US 2018/0058474 A1).
Regarding claim 1, Martin teaches a gasket comprising:
a first spacer having a first pin cutout (Fig. 3 and annotated FIG. 3 below; paras. 0019-0022);
a second spacer having a second pin cutout (Fig. 3 and annotated FIG. 3 below; paras. 0019-0022);
and a connector coupling the first spacer to the second spacer (Fig. 3 and annotated FIG. 3 below; paras. 0019-0022),
wherein a turbine frame pawl pin (306) is inserted into each of the first cut and the second cutout (Fig. 3),
wherein the first spacer and the second spacer are each positioned between a mount link (210) of a turbine mount assembly (Fig. 3) and a turbine frame mount of a turbine (318).
Martin fails to teach a first pin groove connected to the first pin cutout; a second pin groove connected to the second pin cutout; wherein the first pin groove and the second pin groove are each expandable to enable a turbine frame pawl pin to pass through and into each of the first pin groove and the second pin groove.
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However, Strait teaches a gasket (60) comprising a first spacer (68) having a first pin cutout and a first groove (74) connected the first pin cutout (Figs. 2-3, paras. 0039-0041), a second spacer (70) having a second pin cutout connected to a second pin groove (74) (Figs. 2-3, paras. 0039-0041), wherein the first pin groove and the second pin groove are expandable a turbine frame pawl pin to pass through and into the first pin groove and the second pin groove (Strait as discloses meets the limitations “wherein the first pin groove and the second pin groove are expandable a turbine frame pawl pin to pass through and into the first pin groove and the second pin groove”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Martin by constructing the gasket such that a first pin groove is connected to the first pin cutout; a second pin groove is connected to the second pin cutout; wherein the first pin groove and the second pin groove are each expandable as taught by Strait order to enable the turbine frame pawl pin to pass through and into each of the first pin groove and the second pin groove for easy assembly and disassembly of the gasket from the engine.
Regarding claim 2, Martin as modified by Strait teaches all the claimed limitations as stated in claim 1. Martin as modified by Strait further teaches each of the first spacer and the second spacer have a circular shape with a flat portion (defined by the surfaces of the first and second pin grooves; Martin, Figs. 2-3) adjacent to opposite sides of the first pin groove and the second pin groove, respectively.
Regarding claims 5 and 10, Martin as modified by Strait teaches all the claimed limitations as stated above in claim 1 but does, not appear to explicitly disclose a thickness of the first spacer is different than a thickness of the second spacer; the first spacer and the second spacer each have a thickness between about 1/8” to about 1/2".
However, a careful examination of the specification reveals that no criticality for the specific thicknesses has been shown nor any reason as to why the gasket assembly of the applicant with the claimed thickness would operate any different than the gasket assembly of Martin as modified by Strait, and Applicant has not disclosed that this design with the specific thickness provides an advantage, is used for a particular purpose, or solves a stated problem. Hence this design for thickness of the first spacer is different than a thickness of the second spacer; the first spacer and the second spacer each have a thickness between about 1/8” to about 1/2" is considered to be a design choice by the applicant. One of ordinary skill in the art, furthermore, would have expected the gasket assembly of martin as modified by Strait, and Applicant’s invention, to perform equally well with the thicknesses taught by Franks or the claimed thickness because both would perform the same function.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to use the claimed thickness with blade outer seal of Martin as modified by Strait in order to achieve a desired dimension, shape, or configuration, as they are a matter of design choice. Such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art.
Regarding claim 6, Martin as modified by Strait teaches all the claimed limitations as stated in claim 1. Martin as modified by Strait further teaches the first pin cutout and the second pin cutout comprises circular apertures (Martin, Fig. 3 and Strait, Figs. 2-3).
Regarding claim 7, Martin as modified by Strait teaches all the claimed limitations as stated in claim 6. Martin as modified by Strait further teaches a first distance between the first pin groove is less than a diameter of the first pin cutout and a second distance between the second pin groove is less than a diameter of the second pin cutout (Strait, Figs. 2-3).
Regarding claim 8, Martin as modified by Strait teaches all the claimed limitations as stated in claim 1. Martin as modified by Strait further teaches a connecting ring (324); and a streamer (216) connected to the connector by the connecting ring (Martin, Fig. 3).
Regarding claim 9, Martin as modified by Strait teaches all the claimed limitations as stated in claim 8. Martin as modified by Strait further teaches the connector comprises a grommet configured to receive the connecting ring and the streamer comprises a streamer grommet configured to receive the connecting ring (Martin, Fig. 3).
Regarding claim 11, Martin as modified by Strait teaches all the claimed limitations as stated in claim 1. Martin as modified by Strait further teaches the gasket is movable between a first position and a second position, wherein the gasket is in the second position when positioned between the mount link of the turbine mount assembly and the turbine frame mount of the turbine (Martin, Fig. 3; paras. 0018-0020).
Regarding claim 13, Martin teaches a system comprising:
a first spacer comprising a first pin cutout comprising: a first circular aperture (Martin, annotated FIG. 3 above), the first spacer having a circular shape (Martin, annotated FIG. 3 above);
and a second spacer comprising: a second pin cutout comprising a second circular aperture (Martin, annotated FIG. 3 above), and, the second spacer having a circular shape, wherein the first spacer is positioned between a first side of a mount link (210) of a turbine mount assembly and a turbine frame mount (Fig. 3) of a turbine and the second space is positioned between a second side of the mount link and the turbine frame mount (Fig. 3).
Martin fails to teach a first pin groove connected to the first pin cutout; the first spacer comprising a flat portion adjacent to opposite sides of the first pin groove, the first pin groove having a first distance that is less than a first diameter of the first pin cutout; a second pin groove connected to the second pin cutout; the second spacer comprising a flat portion adjacent to opposite sides of the second pin groove, the second pin groove having a second distance that is less than a second diameter of the second pin cutout.
However, Strait teaches a gasket (60) comprising a first spacer (68) having a first pin cutout and a first groove (74) connected the first pin cutout (Figs. 2-3, paras. 0039-0041), a second spacer (70) having a second pin cutout connected to a second pin groove (74) (Figs. 2-3, paras. 0039-0041), wherein the first pin groove and the second pin groove are expandable a turbine frame pawl pin to pass through and into the first pin groove and the second pin groove (Strait as discloses meets the limitations “wherein the first pin groove and the second pin groove are expandable a turbine frame pawl pin to pass through and into the first pin groove and the second pin groove”). Strait further teaches the first pin groove connected to the first pin cutout; the first spacer comprising a flat portion adjacent to opposite sides of the first pin groove (Figs. 2-3), the first pin groove having a first distance that is less than a first diameter of the first pin cutout (Figs. 2-3); the second pin groove connected to the second pin cutout; the second spacer comprising a flat portion adjacent to opposite sides of the second pin groove (Figs. 2-3), the second pin groove having a second distance that is less than a second diameter of the second pin cutout (Figs. 2-3).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Martin by constructing the gasket such that a first pin groove is connected to the first pin cutout; a second pin groove is connected to the second pin cutout; wherein the first pin groove and the second pin groove are each expandable as taught by Strait order to enable the turbine frame pawl pin to pass through and into each of the first pin groove and the second pin groove for easy assembly and disassembly of the gasket from the engine.
Regarding claim 14, Martin as modified by Strait teaches all the claimed limitations as stated above in claim 13. Martin as modified by Strait teaches further teaches a first connecting ring (324, Martin Fig. 3); a first streamer (216, Martin, Fig. 3) connected to the first spacer by the first connecting ring. Martin as modified by Strait fails to teach a second connecting ring and second streamer connected to the second spacer by the second connecting ring. However, since Martin as modified by Strait discloses a first connecting ring (324, Martin Fig. 3); a first streamer (216, Martin, Fig. 3) connected to the first spacer by the first connecting ring, having a second connecting ring and second streamer connected to the second spacer by the second connecting ring is not inventive and is a mere duplication of parts since it has been held by the court that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See in In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding claim 15, Martin as modified by Strait teaches all the claimed limitations as stated above in claim 14. Martin as modified by Strait teaches further teaches the first spacer comprises a first grommet configured to receive the first connecting ring and the first streamer comprises a first streamer grommet configured to receive the first connecting ring, and wherein the second spacer comprises a second grommet configured to receive the second connecting ring and the second streamer comprises a second streamer grommet configured to receive the second connecting ring (Martin, Fig. 3).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martin in view of Strait and further in view of Gross (US 2021/0131559 A1).
Martin as modified by Strait teaches all the claimed limitations as stated above in claim 1. Martin as modified by Strait does not specifically state the first and second spacers are formed from an elastic, flexible material and the elastic flexible material comprises at least one of rubber, silicone, polysiloxane, thermoplastic olefin, thermoplastic polyolefin, or thermoplastic elastomer.
However, Gross teaches a gasket 10, the gasket being formed from an elastic flexible material, the elastic material being rubber or silicon (para. 0028; Figs. 3A-3B).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify Martin by forming the gasket from rubber or silicon as taught by Gross in order in order to dampen vibration.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martin in view of Strait and further in view of Trombatore (US 2020/0056733 A1).
Martin as modified Strait teaches all the claimed limitations as stated above in claim 11 but fails to teach the gasket is flat in the first position and bent at the connector in the second position.
However, Trombatore teaches a gasket (1) which is flat in a first position and bent in a second position (Figs. 2-3; paras. 0117).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify Martin such the gasket is flat in the first position and bent in the second position as taught by Trombatore in order to dampen vibration.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2019/0368636 A1 teaches a gasket comprising a first spacer and a second spacer disposed between a mount link and a turbine mount frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAXIME M ADJAGBE whose telephone number is (571)272-4920. The examiner can normally be reached M-F: 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHANIEL E WIEHE can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAXIME M ADJAGBE/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745