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 .
Claim Objections
Applicant is advised that should claims 2 and 17 be found allowable, claims 6 and 19 respectively will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim 11 objected to because of the following informalities: “the propulsion system” appears to refer to “the HEP system”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The subject matter of claim 12 was added into claim 11 from which it depends, making the claim redundant. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 6, 10, 16, 17, 19, 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. 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 claims 2 and 6, 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. 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 claims 17 and 19, 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, 12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Dierksmeier in view of Kacprowski, Snyder, and Miller (10711693).
Regarding claims 11 and 12, 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 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. 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
The Examiner notes the duplicate claims objection has been previously raised but not responded to. The amendments are considered a bona fide attempt at advancing prosecution but the Applicant should fully respond to the objections in the next response. See MPEP 714.03.
Applicant’s arguments, see remarks, filed 12/15/2025, with respect to the objection of claim 1 has been fully considered and is persuasive. Therefore, the objection has been withdrawn.
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive. Applicant argues that Snyder does not disclose wherein the TEG is located outside of the bypass flowpath. This argument is not persuasive moving the location of a part is considered within the skill of one of reasonable skill in the art (see rejection), and furthermore, applicants own specification par. 0035 describes the location being outside of the bypass duct as per the claims and along a wall of the engine casing as in Snyder to be alternate embodiments of each other.
Conclusion
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
/GERALD L SUNG/Primary Examiner, Art Unit 3741
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