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 .
Claim Rejections - 35 USC § 103
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 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.
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.
Claims 1, 2, 5, 10, 16, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Dierksmeier (10801408) in view of Kacprowski (US-Pub 2019/0115518) and Snyder (10443499).
Regarding claim 1, Dierksmeier discloses an aircraft propulsion system, comprising: a thermal engine (10, fig 1) configured to produce thrust; wherein the thermal engine is a gas turbine engine that is disposed within a nacelle (fig 1, casing that surrounds the fan blades), the gas turbine engine including a fan section (fig 1, upstream of compressor 14 is a fan section), a compressor section (14, fig 1), a combustion section (16, fig 1), and a turbine section (18, fig 1), and an engine casing (casing surrounding the engine core 14-18, fig 1) disposed radially outside of the compressor section, the combustion section, and the turbine section; an electrical energy storage device (col 10, lines 29-40); and an electrical energy generating device (28, fig 1) having a first fluid conduit (32, fig 1), a second fluid conduit (36, fig 1), and a thermoelectric generator (thermoelectric section, fig 1), wherein the TEG is disposed between the first fluid conduit and the second fluid conduit with a first side (34, fig 1) of the TEG adjacent the first fluid conduit and a second side (35, fig 1) of the TEG adjacent the second fluid conduit, and wherein the first side of the TEG is in thermal communication with the first fluid conduit, and the second side of the TEG is in thermal communication with the second fluid conduit, and wherein the TEG generator is configured to produce electrical energy as a function of a temperature difference across the TEG between the first side of the TEG and the second side of the TEG (72, fig 5); wherein the first fluid conduit is configured to contain a first fluid flow (22, fig 1), and the second fluid conduit is configured to contain a second fluid flow (24, fig 1), and wherein during operation of the propulsion system the first fluid flow is at a first temperature and the second fluid flow is at a second temperature, and the first temperature is higher than the second temperature, thereby producing a said temperature difference across the TEG between the first side of the TEG and the second side of the TEG (this represents intended use of the system, the first temperature is temperature of the first fluid will be higher during operation as one of ordinary skill in the art would recognize due to the waste heat from the engine), wherein the electrical energy that is produced by the TEG is directed to the electrical energy storage device (col 10, lines 29-40), wherein an annular bypass duct (area between casing surrounding 16 and outer nacelle surrounding the fan, fig 1) is defined between the engine casing and an interior structure of the nacelle (inner nacelle wall facing towards the centerline 25, fig 1), and the bypass duct is configured to contain a bypass flow during operation of the propulsion system (air from the fan flows outside of the engine casing inside of the nacelle which forms the bypass flow).
Dierksmeier does not disclose wherein the TEG is within the compressor section, wherein the second fluid flow is the bypass flow, wherein the bypass duct is the second fluid conduit, wherein the TEG is radially outside of the bypass flow and disposed with the interior structure of the nacelle.
Kacprowski teaches a thermoelectric generator for a gas turbine engine lubrication system (1, fig 3), wherein the TEG is located within the compressor section (fig 6, the dotted line after fan 120 can be shown which separates the fan and the compressor sections, the TEG of fig 3 being located in the location behind said line). Consistent with the Applicant’s use of the term, the TEG of Kacprowski is located within the compressor section since the TEG is located axially between the fan and the combustor along the engine axis.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the TEG location disclosed by Dierksmeier by locating the TEG in the compressor section based on the teachings of Kacprowski. Doing so would allow for the thermoelectric generator to be located right next the heat producing components of the gear systems, allowing for the hottest oil to produce the largest possible temperature gradient.
Snyder teaches a thermoelectric generator (112, fig 1c), wherein the first fluid conduit (134, fig 1c) is a lubrication system (col 3, lines 59-66, hot oil is a lubrication fluid) and the second flow duct (B, fig 1) is a bypass duct (144 is the bypass air stream, fig 1c) and the TEG is disposed with the interior structure of the nacelle (108, fig 1a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second fluid flow conduit disclosed by Dierksmeier as modified by Kacprowski by using the bypass duct as the second fluid conduit, and the bypass airstream as the second fluid flow by placing the TEG on the interior structure of the nacelle based on the teachings of Snyder. Doing so would allow for would allow for a greater heat differential between the first and second fluid, as fuel has a fixed heat load that it can receive (col 1, lines 25-60), as suggested by Snyder.
Dierksmeier as modified by Kacprowski and Snyder discloses the claimed invention except for wherein the TEG is radially outside of the bypass flow. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the TEG be located outside of the bypass flow rather than inside, since it has been held that rearranging parts of an invention involves only routine skill in the art. Furthermore, having the TEG located on the outer wall rather than the inner would not impact operation of the TEG as it would still have access to the cooling bypass flow required for its operation. In re Japikse, 86 USPQ 70. Examiner notes that applications specification par. 0035 states the location outside the bypass duct as being an alternate embodiment to inside the bypass duct, thus looking at applicants specification one of ordinary skill in the art would recognize these two as being equivalent structures.
Regarding claim 2, Dierksmeier as modified by Kacprowski and Snyder discloses wherein the propulsion system includes a lubrication system (22, fig 1, Dierksmeier) configured to cycle a lubricant flow within the propulsion system, and wherein the first fluid flow is the lubricant flow (col 3, lines 59-66, hot oil is a lubrication fluid, Snyder).
Regarding claim 5, Dierksmeier as modified by Snyder discloses wherein the annular bypass duct is the second fluid conduit (144, fig 1c, Snyder).
Regarding claim 10, Dierksmeier discloses wherein the TEG is configured to use a Seebeck effect (col 6, lines 10-15).
Regarding claim 16, Dierksmeier discloses a method of generating electrical energy within a propulsion system of an aircraft (72, fig 5), the comprising: providing a propulsion system having a thermal engine (10, fig 1), wherein the thermal engine is a gas turbine engine that is disposed within a nacelle (fig 1, casing that surrounds the fan blades), the gas turbine engine including a fan section (fig 1, upstream of compressor 14 is a fan section), a compressor section (14, fig 1), a combustion section (16, fig 1), and a turbine section (18, fig 1), and an engine casing (casing surrounding the engine core 14-18, fig 1) disposed radially outside of the compressor section, the combustion section, and the turbine section; providing an electrical energy storage device (col 10, lines 29-40), providing an electrical energy generating device (28, fig 1) having a first fluid conduit (32, fig 1), a second fluid conduit (36, fig 1), and a thermoelectric generator (34, 35, fig 1), wherein the TEG is disposed between the first fluid conduit and the second fluid conduit with a first side (34, fig 1) of the TEG adjacent the first fluid conduit and a second side (35, fig 1) of the TEG adjacent the second fluid conduit, and wherein the first side of the TEG is in thermal communication with the first fluid conduit, and the second side of the TEG is in thermal communication with the second fluid conduit, and wherein the TEG generator is configured to generate electrical energy as a function of a temperature difference across the TEG between the first side of the TEG and the second side of the TEG (72, fig 5); and using the electrical energy generating device to generate electrical energy by: directing a first fluid flow (22, fig 1) through the first fluid conduit during operation of the propulsion system, wherein the first fluid flow is at a first temperature; and directing a second fluid flow (24, fig 1) through the second fluid conduit during operation of the propulsion system, wherein the second fluid flow is at a second temperature, and the first temperature is higher than the second temperature, thereby producing the temperature difference across the TEG between the first side of the TEG and the second side of the TEG, which in turn causes the TEG to generate electrical energy (col 11, lines 30-40), storing the electrical energy generated by the electrical energy generating device in the electrical energy storage device (col 10, lines 29-40), wherein an annular bypass duct is defined between the engine casing and the interior structure of the nacelle (fig 1, engine core 18 is surrounded by the engine casing, and the fan is surrounded by the nacelle and a bypass flow would flow between them) and the annular bypass duct is configured to contain a bypass flow during operation of the propulsion system (there would be bypass flow flowing through it), and wherein the propulsion system includes a lubrication system (22, fig 1), configured to cycle a lubricant flow within the propulsion system, wherein the first fluid flow is the lubricant flow (84a and b cycle the fluid, fig 1).
Dierksmeier does not disclose wherein the TEG is within the compressor section, wherein the second fluid flow is the bypass flow, wherein the bypass duct is the second fluid conduit, wherein the TEG is disposed with the interior structure of the nacelle.
Kacprowski teaches a thermoelectric generator for a gas turbine engine lubrication system (1, fig 3), wherein the TEG is located within the compressor section (fig 6, the dotted line after fan 120 can be shown which separates the fan and the compressor sections, the TEG of fig 3 being located in the location behind said line).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the TEG location disclosed by Dierksmeier by locating the TEG in the compressor section based on the teachings of Kacprowski. Doing so would allow for the thermoelectric generator to be located right next the heat producing components of the gear systems, allowing for the hottest oil to produce the largest possible temperature gradient.
Snyder teaches a thermoelectric generator (112, fig 1c), wherein the first fluid conduit (134, fig 1c) is a lubrication system (col 3, lines 59-66, hot oil is a lubrication fluid) configured to cycle a lubricant flow within the HEP system, and the second flow duct (B, fig 1) is an annular bypass duct (144 is the bypass air stream, fig 1c) defined between an engine casing (108, fig 1a) and the interior structure of the nacelle (106, fig 1a), the annular bypass duct is configured to contain a bypass flow (144, fig 1c) during operation of the propulsion system and the TEG is disposed with the interior structure of the nacelle (108, fig 1a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second fluid flow conduit disclosed by Dierksmeier as modified by Kacprowski by using the bypass duct as the second fluid conduit, and the bypass airstream as the second fluid flow by placing the TEG on the interior structure of the nacelle based on the teachings of Snyder. Doing so would allow for would allow for a greater heat differential between the first and second fluid, as fuel has a fixed heat load that it can receive (col 1, lines 25-60), as suggested by Snyder.
Dierksmeier as modified by Kacprowski and Snyder discloses the claimed invention except for wherein the TEG is radially outside of the bypass flow. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the TEG be located outside of the bypass flow rather than inside, since it has been held that rearranging parts of an invention involves only routine skill in the art. Furthermore, having the TEG located on the outer wall rather than the inner would not impact operation of the TEG as it would still have access to the cooling bypass flow required for its operation. In re Japikse, 86 USPQ 70. Examiner notes that applications specification par. 0035 states the location outside the bypass duct as being an alternate embodiment to inside the bypass duct, thus looking at applicants specification one of ordinary skill in the art would recognize these two as being equivalent structures).
Regarding claim 17, Dierksmeier as modified by Kacprowski and Snyder discloses wherein the propulsion system includes a lubrication system (22, fig 1, Dierksmeier) configured to cycle a lubricant flow within the propulsion system, and wherein the first fluid flow is the lubricant flow (col 3, lines 59-66, hot oil is a lubrication fluid, Snyder).
Regarding claim 20, Dierksmeier discloses wherein the propulsion system is a hybrid electric propulsion system (col 1, lines 60-64) and the TEG is configured to use a Seebeck effect (col 6, lines 10-15).
Claims 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Dierksmeier in view of Kacprowski, Snyder, and Miller (10711693).
Regarding claim 11, Dierksmeier discloses a hybrid electric propulsion system for an aircraft, comprising: a thermal engine (10, fig 1), wherein the thermal engine is a gas turbine engine that is disposed within a nacelle (fig 1, casing that surrounds the fan blades), the gas turbine engine including a fan section (fig 1, upstream of compressor 14 is a fan section), a compressor section (14, fig 1), a combustion section (16, fig 1), and a turbine section (18, fig 1), and an engine casing (casing surrounding the engine core 14-18, fig 1) disposed radially outside of the compressor section, the combustion section, and the turbine section; an electric power storage unit (col 10, lines 29-40); and an electrical energy generating device (28, fig 1) having a first fluid conduit (32, fig 1), a second fluid conduit (35, fig 1), and a thermoelectric generator (34, 35, fig 1), wherein the TEG is disposed between the first fluid conduit and the second fluid conduit with a first side (34, fig 1) of the TEG adjacent the first fluid conduit and a second side (35, fig 1) of the TEG adjacent the second fluid conduit, and wherein the first side of the TEG is in thermal communication with the first fluid conduit, and the second side of the TEG is in thermal communication with the second fluid conduit, and wherein the TEG generator is configured to produce electrical energy as a function of a temperature difference across the TEG between the first side of the TEG and the second side of the TEG (72, fig 5); wherein the first fluid conduit is configured to contain a first fluid flow (22, fig 1), and the second fluid conduit is configured to contain a second fluid flow (24, fig 1), and wherein during operation of the HEP system the first fluid flow is at a first temperature and the second fluid flow is at a second temperature, and the first temperature is higher than the second temperature, thereby producing the temperature difference across the TEG between the first side of the TEG and the second side of the TEG (this represents intended use of the system, the first temperature is temperature of the first fluid will be higher during operation as one of ordinary skill in the art would recognize due to the waste heat from the engine), wherein the electrical energy that is produced by the TEG is directed to the electrical energy power storage unit (col 10, lines 29-40, the power produced is sent to the load which can include a power storage device), wherein an annular bypass duct is defined between the engine casing and the interior structure of the nacelle (fig 1, engine core 18 is surrounded by the engine casing, and the fan is surrounded by the nacelle and a bypass flow would flow between them) and the annular bypass duct is configured to contain a bypass flow during operation of the propulsion system (there would be bypass flow flowing through it), and wherein the propulsion system includes a lubrication system (22, fig 1), configured to cycle a lubricant flow within the propulsion system, wherein the first fluid flow is the lubricant flow (84a and b cycle the fluid, fig 1).
Dierksmeier does not disclose an electric motor; and a gearbox in communication with the thermal engine and the electric motor, wherein the TEG is within the compressor section at an interior structure of the nacelle.
Kacprowski teaches a thermoelectric generator for a gas turbine engine lubrication system (1, fig 3), wherein the TEG is located within the compressor section (fig 6, the dotted line after fan 120 can be shown which separates the fan and the compressor sections, the TEG of fig 3 being located in the location behind said line).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the TEG location disclosed by Dierksmeier by locating the TEG in the compressor section based on the teachings of Kacprowski. Doing so would allow for the thermoelectric generator to be located right next the heat producing components of the gear systems, allowing for the hottest oil to produce the largest possible temperature gradient.
Snyder teaches a thermoelectric generator (112, fig 1c), wherein the first fluid conduit (134, fig 1c) is a lubrication system (col 3, lines 59-66, hot oil is a lubrication fluid) configured to cycle a lubricant flow within the HEP system, and the second flow duct (B, fig 1) is an annular bypass duct (144 is the bypass air stream, fig 1c) defined between an engine casing (108, fig 1a) and the interior structure of the nacelle (106, fig 1a), the annular bypass duct is configured to contain a bypass flow (144, fig 1c) during operation of the propulsion system and the TEG is disposed with the interior structure of the nacelle (108, fig 1a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second fluid flow conduit disclosed by Dierksmeier as modified by Kacprowski by using the bypass duct as the second fluid conduit, and the bypass airstream as the second fluid flow by placing the TEG on the interior structure of the nacelle based on the teachings of Snyder. Doing so would allow for a greater heat differential between the first and second fluid, as fuel has a fixed heat load that it can receive (col 1, lines 25-60), as suggested by Snyder.
Miller teaches a thermal engine (10, fig 2) which is part of a hybrid propulsion system which generates electrical energy with a thermal electric generator (70, fig 1) which comprises an electric motor (72, fig 2), and a gearbox (76, fig 2), the gearbox in communication with the thermal engine and the electric motor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the propulsion system disclosed by Dierksmeier by using a hybrid system with an electric motor and a gearbox connected to the electric motor and the thermal engine of the based on the teachings of Miller. Doing so would allow for the thermoelectric generator to rotate the engine after it has been shut down to reduce rotor bowing (col 3, lines 15-30), as suggested by Miller.
Dierksmeier as modified by Kacprowski and Snyder discloses the claimed invention except for wherein the TEG is radially outside of the bypass flow. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the TEG be located outside of the bypass flow rather than inside, since it has been held that rearranging parts of an invention involves only routine skill in the art. Furthermore, having the TEG located on the outer wall rather than the inner would not impact operation of the TEG as it would still have access to the cooling bypass flow required for its operation. In re Japikse, 86 USPQ 70. Examiner notes that applications specification par. 0035 states the location outside the bypass duct as being an alternate embodiment to inside the bypass duct, thus looking at applicants specification one of ordinary skill in the art would recognize these two as being equivalent structures.
Regarding claim 15, Dierksmeier discloses wherein the TEG is configured to use a Seebeck effect (col 6, lines 10-15).
Response to Arguments
Applicant's arguments filed 9/23/2026 have been fully considered but they are not persuasive. Applicant argues that rejection under the rearrangement of parts is not persuasive, as applicant states that 1) that rearrangement of parts is only applicable when the operation of the system is not changed, and the TEG of Snyder relies on arrangement within the engine bypass to operate, and 2) examiner uses applicants specification to mark equivalency. Regarding point 1, the rearrangement of parts being done is to move the TEG from the inside of the bypass duct to the outside of the bypass duct but still receiving bypass duct air and thus still operating as required by applicants own arguments, thus the basic operation of the system is not changed. Furthermore, the TEG does not require specifically bleed air to operate, just a source of cooling fluid to provide a temperature differential, so movement to different parts of the engine would be within the ability of one of ordinary skill in the art as long as that part of the engine had access to a source of cooling fluid, meaning no change in operation is present in the system due to the rearrangement of parts. Examiner notes that PTAB decision 2023-001092 is used to support applicants arguments, however, this decision was made with regards to the specifics of the case it was about, and is not established case law. Regarding point number 2, the MPEP 2144.06 being used regards using two different structures or components are equivalent, not about using the rearrangement of parts comprising the same structure. Furthermore, the examiners note is not being used as motivation as applicant alleges, but instead is being used to highlight the fact that applicant has not stated themselves that there is any clear benefit to the change of location and is instead presented as a rearrangement of parts which lacks criticality.
Applicant’s arguments, see remarks, filed 9/23/2026, with respect to the 112d rejection have been fully considered and are persuasive. The rejection of claim 12 has been withdrawn.
Applicant’s arguments, see remarks, filed 9/23/2026, with respect to the claim objections have been fully considered and are persuasive. The objection of claims 2, 6, 11, 17, and 19 have been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. 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 SEAN V MEILLER whose telephone number is (571)272-9229. The examiner can normally be reached 7am-5pm.
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/SEAN V MEILLER/ Examiner, Art Unit 3741
/DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741
