DETAILED ACTION
This is in response to the Amendment filed 6/24/2026 wherein claims 2-3, 11, 13 are canceled and claims 1, 4-10, 12, and 14-23 are presented for examination.
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.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the “valve mechanism is controllable by the controller to open the inlet path of the compressor” (Claim 1); the “purging mechanism configured to purge an interior of the cabinet by supplying air to the interior of the cabinet” (Claims 1, 14, and 20).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The “valve mechanism” is described in the specification as being a “valve and a connection piece” (Applicant’s Paragraph 0018) and the “purging mechanism” is described as being a “fan” (Applicant’s Paragraphs 0067-0068).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 14-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Huber et al. (EP 2876280 A1) in view of Scipio et al. (US 2017/0342900) and Laing et al. (US 2017/0306845).
Regarding Independent Claim 14, Huber teaches (Figures 1-10) a micro gas turbine (1, 2, 3, 4, 5; see title and Figures 1a and 8-10) comprising:
a compressor (1) configured to take in and pressurize gas (Paragraphs 0001 and 0005);
a combustor (3) configured to:
take in pressurized gas (see Paragraphs 0001 and 0005) from the compressor (1); and
generate hot gas on the basis of fuel combustion (Paragraphs 0001 and 0005);
a turbine (4) configured to take in and expand hot gas (see Paragraphs 0001 and 0005) generated by the combustor (3);
a generator (5) mechanically coupled (via 4a) to the turbine (4) and configured to generate electric power on the basis of mechanical power provided by the turbine (4) (see abstract and Paragraphs 0001 and 0005); and
a valve mechanism (16) which is associated with an inlet path (6) to the compressor (1).
Huber does not teach a controller configured to control operation of the micro gas turbine, a valve mechanism comprising a valve and a connection piece having three connection areas; a cabinet accommodating at least the compressor, the combustor and the turbine, the cabinet is connected to a respective one of the connection areas of the connection piece; or a purging mechanism configured to purge an interior of the cabinet by supplying air to the interior of the cabinet; wherein the valve mechanism is controllable by the controller to open the inlet path of the compressor: to the interior of the cabinet for enabling the compressor to take in air from the interior of the cabinet; to an exhaust connected to another respective one of the connection areas of the connection piece and associated with the turbine for enabling the compressor to take in exhaust gas from the turbine, and the compressor is connected to another respective one of the connection areas of the connection piece through the valve.
Scipio teaches (Figures 1-8) a controller (92) configured to control operation of a gas turbine (10), a valve mechanism (78, 122, 176, 190) comprising a valve (122) and a connection piece (78) having three connection areas (76, 88 or 210, and 80), a cabinet (48) accommodating at least the compressor (32), the combustor (18) and the turbine (22), the cabinet (48) is connected to a respective one (via 88 or 210) of the connection areas (76, 88 or 210, and 80) of the connection piece (78), and a purging mechanism (at 88, 210) configured to purge an interior of the cabinet (48; see Paragraph 0039, Paragraph 0045, and Figures 1-3 and 6), wherein a valve mechanism (78, 122, 176, 190) that is controllable by the controller (92) to open (via 96) the inlet path of the compressor (32): to the interior (via 88 or 210; see Figures 1-6) of the cabinet (48) enabling the compressor (32) to take in air from the interior (via 88 or 210) of the cabinet (48); to an exhaust (80) connected to another respective one (via 80) of the connection areas (76, 88 or 210, and 80) of the connection piece (78) and associated with the turbine (22) for enabling the compressor (32) to take in exhaust gas (TEG; see Figures 1-6 and Paragraph 0021) from the turbine (22), and wherein the compressor (32) is connected to another respective one (via 76) of the connection areas (76, 88 or 210, and 80) of the connection piece (78) through the valve (122).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huber to have a controller configured to control operation of the micro gas turbine, a valve mechanism comprising a valve and a connection piece having three connection areas; a cabinet accommodating at least the compressor, the combustor and the turbine, the cabinet is connected to a respective one of the connection areas of the connection piece; and a purging mechanism configured to purge an interior of the cabinet by supplying air to the interior of the cabinet; wherein the valve mechanism is controllable by the controller to open the inlet path of the compressor: to the interior of the cabinet for enabling the compressor to take in air from the interior of the cabinet; to an exhaust connected to another respective one of the connection areas of the connection piece and associated with the turbine for enabling the compressor to take in exhaust gas from the turbine, and wherein the compressor is connected to another respective one of the connection areas of the connection piece through the valve., as taught by Scipio, in order to control the quantity of the inlet flow supplied by the compressor by controlling the temperature of the inlet flow without controlling the volumetric flow rate of the inlet flow and to control the temperature, the composition, and the flow rate of the heated flow supplied to the compressor (Paragraphs 0019 and 0029 of Scipio). Huber in view of Scipio does not teach air being supplied to the interior of the cabinet when the interior of the cabinet is purged.
Laing teaches (Figures 1-17) a purge mechanism (232) configured to purge (see flow arrows in Figure 2) an interior of a cabinet (220) of a turbine engine (200) by supplying air (induced airflow 226) to the interior (via 230) of the cabinet (220).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huber in view of Scipio to have air supplied to the interior of the cabinet when the interior of the cabinet is purged, as taught by Laing, in order to cool parts of the turbomachine, e.g., combustor assembly, turbine portion, etc., before being vented through the outlet opening (see Paragraph 0031 of Laing).
Regarding Claim 15, Huber in view of Scipio and Laing teaches the invention as claimed and as discussed above. Huber further teaches (Figures 1-10) wherein: the connection piece (16) is Y-shaped and the three connection areas comprise two bifurcation legs (annotated below) and a main leg (annotated below); the compressor (1) is connected to a first one of the bifurcation legs (an inlet of 16; see Figures 8-10) of the connection piece (16), the exhaust (9) is connected to another of the bifurcation legs (at 28; see Figures 8-10) of the connection piece (16). Huber in view of Scipio does not teach, as discussed so far, wherein the compressor is connected to a first inlet of the connection piece through the valve or that the cabinet is connected to the main leg of the connection piece.
Scipio teaches (Figures 1-8) wherein the valve mechanism (78, 122, 176, 190) comprises: a valve (122); and a connection piece (78) having three connection areas (76, 88 or 210, and 80); the compressor (32) is connected to a first inlet (80) of the connection areas (76, 88 or 210, and 80) of the connection piece (78) through the valve (122) and the cabinet (48) is connected to (via 190) the outlet (76) of the connection piece (78).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huber in view of Scipio and Laing to have the valve mechanism comprises: a valve; and a connection piece having three connection areas; the compressor being connected to a first inlet of the connection piece through the valve and the cabinet being connected to the main leg of the connection piece, as taught by Scipio, for the same reasons discussed above in claim 14.
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Regarding Claim 16, Huber in view of Scipio and Laing teaches the invention as claimed and as discussed above. Huber in view of Scipio and Laing does not teach, as discussed so far, wherein the purging mechanism comprises a ventilating mechanism configured to generate a flow of air in the cabinet.
Scipio teaches (Figures 1-8) wherein the purging mechanism (at 88, 210) is further configured to (at 202) generate a flow of air (by drawing airflow to 204) in the cabinet (48).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huber in view of Scipio and Laing to have the purging mechanism comprises a ventilating mechanism configured to generate a flow of air in the cabinet, as taught by Scipio, for the same reasons discussed above in claim 1.
It is noted that Laing also teaches a purging mechanism (250) comprises a ventilating mechanism (254) configured to generate a flow of air (by drawing airflow through 226) in the cabinet (220).
Regarding Claim 17, Huber in view of Scipio and Laing teaches the invention as claimed and as discussed above. Huber further teaches (Figures 1-10) a heat exchanger (2) configured and arranged to serve as a recuperator (see Figures 8-10) for pre-heating pressurized gas (7) obtained from the compressor (1) before being supplied to the combustor (3) by allowing the pressurized gas (7) to exchange heat with exhaust gas (9) from the exhaust (see Figures 8-10) and also teaches a heat exchanger (13) configured and arranged to serve for heating an external medium (from 29) by allowing the external medium (from 29) to exchange heat with exhaust gas (9) from the exhaust (see Figures 8-10).
Regarding Independent Claim 20, Huber teaches (Figures 1-10) a micro gas turbine (1, 2, 3, 4, 5; see title and Figures 1a and 8-10) comprising:
a compressor (1) configured to take in and pressurize gas (Paragraphs 0001 and 0005);
a combustor (3) configured to:
take in pressurized gas (see Paragraphs 0001 and 0005) from the compressor (1); and
generate hot gas on the basis of fuel combustion (Paragraphs 0001 and 0005);
a turbine (4) configured to take in and expand hot gas (see Paragraphs 0001 and 0005) generated by the combustor (3);
a generator (5) mechanically coupled (via 4a) to the turbine (4) and configured to generate electric power on the basis of mechanical power provided by the turbine (4) (see abstract and Paragraphs 0001 and 0005); and
a valve mechanism (16, 27) which is associated with an inlet path (6) to the compressor (1), the valve mechanism comprising a valve (27) and a Y-shaped connection piece (at 16; see Figures 8-10) comprising two bifurcation legs (the inlets of the Y-shaped connection piece; see annotation above) and a main leg (at 6, the outlet of the Y-shaped connection piece; see annotation above).
Huber does not teach a controller configured to control operation of the micro gas turbine; a cabinet accommodating at least the compressor, the combustor and the turbine, the cabinet is connected to the main leg of the Y shaped connection piece; or a purging mechanism configured to purge an interior of the cabinet by supplying air to the interior of the cabinet; wherein the valve mechanism is controllable by the controller to open the inlet path of the compressor: to the interior of the cabinet for enabling the compressor to take in air from the interior of the cabinet; to an exhaust connected to a respective one of the two bifurcation legs of the Y-shaped connection piece and associated with the turbine for enabling the compressor to take in exhaust gas from the turbine, and wherein the compressor is connected to another respective one of the two bifurcation legs of the Y-shaped connection piece through the valve.
Scipio teaches (Figures 1-8) a controller (92) configured to control operation of a gas turbine (10), a valve mechanism (78, 122, 176, 190) comprising a connection piece (78) and a valve (122), the connection piece (78) having inlets (88 or 210, and 80) and an outlet (76), a cabinet (48) accommodating at least the compressor (32), the combustor (18) and the turbine (22), the cabinet (48) is connected to an outlet (at 76) of the connection piece (78; see Figures 1 and 4-8), and a purging mechanism (at 88, 210) configured to purge an interior of the cabinet (48; see Paragraph 0039, Paragraph 0045, and Figures 1-3 and 6), wherein the valve mechanism (78, 122, 176, 190) that is controllable by the controller (92) to open (via 96) the inlet path of the compressor (32): to the interior (via 88 or 210; see Figures 1-6) of the cabinet (48) enabling the compressor (32) to take in air from the interior (via 88 or 210) of the cabinet (48); to an exhaust (from 86) connected to a respective inlet (at 80) of the connection piece (78; see Figures 1 and 4-8) and associated with the turbine (22) for enabling the compressor (32) to take in exhaust gas (TEG; see Figures 1-6 and Paragraph 0021) from the turbine (22), and wherein the compressor (32) is connected to another inlet (via 210 or 88) of the connection piece (78; see Figures 1 and 4-8) through the valve (122).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huber to have a controller configured to control operation of the micro gas turbine, a valve mechanism comprising a valve and a connection piece having two inlets and an outlet; a cabinet accommodating at least the compressor, the combustor and the turbine, the cabinet is connected to an outlet of the connection piece; and a purging mechanism configured to purge an interior of the cabinet by supplying air to the interior of the cabinet; wherein the valve mechanism is controllable by the controller to open the inlet path of the compressor: to the interior of the cabinet for enabling the compressor to take in air from the interior of the cabinet; to an exhaust connected to an inlet of the connection piece and associated with the turbine for enabling the compressor to take in exhaust gas from the turbine, and wherein the compressor is connected to another inlet of the connection areas of the connection piece through the valve., as taught by Scipio, in order to control the quantity of the inlet flow supplied by the compressor by controlling the temperature of the inlet flow without controlling the volumetric flow rate of the inlet flow and to control the temperature, the composition, and the flow rate of the heated flow supplied to the compressor (Paragraphs 0019 and 0029 of Scipio).
Huber in view of Scipio does not teach air being supplied to the interior of the cabinet when the interior of the cabinet is purged.
Laing teaches (Figures 1-17) a purge mechanism (232) configured to purge (see flow arrows in Figure 2) an interior of a cabinet (220) of a turbine engine (200) by supplying air (induced airflow 226) to the interior (via 230) of the cabinet (220).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Huber in view of Scipio to have air supplied to the interior of the cabinet when the interior of the cabinet is purged, as taught by Laing, in order to cool parts of the turbomachine, e.g., combustor assembly, turbine portion, etc., before being vented through the outlet opening (see Paragraph 0031 of Laing).
Allowable Subject Matter
Claims 1, 4-10, 12, and 21 are allowed.
Claims 18-19 and 22-23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not teach, in combination with the other limitations with the independent claims: “controlling the valve mechanism to allow air from the cabinet and/or exhaust gas from the exhaust to flow to the compressor, besides ambient air; checking an actual value related to an output electric power of the micro gas turbine selected from a group consisting of an actual value of an output electric current of the micro gas turbine and an actual value of an electric efficiency of the micro gas turbine; when the actual value is found to be lower than a predetermined operative value related to the output electric power of the micro gas turbine selected from a group consisting of a predetermined operative of the output electric current of the micro gas turbine and a predetermined operative value of the electric efficiency of the micro gas turbine, driving the micro gas turbine for increasing a rotational speed of the turbine and the generator until the predetermined operative value is achieved . . . and perform the process as long as the rotational speed of the turbine and the generator is below a predetermined maximum value related to the output electric power of the micro gas turbine selected from a group consisting of a predetermined maximum value of the output electric current of the micro gas turbine and a predetermined maximum value of the electric efficiency of the micro gas turbine” (Claim 1, lines 23-47 and Claim 18, lines 4-23); “controlling the valve mechanism to allow air from the cabinet and/or exhaust gas from the exhaust to flow to the compressor, besides ambient air; checking an actual value related to an output electric power of the micro gas turbine selected from a group consisting of an actual value of an output electric current of the micro gas turbine and an actual value of an electric efficiency of the micro gas turbine; when the actual value is found to be lower than a predetermined operative value selected from a group consisting of a predetermined operative of the output electric current of the micro gas turbine and a predetermined operative value of the electric efficiency of the micro gas turbine, driving the micro gas turbine for increasing a rotational speed of the turbine and the generator until the predetermined operative value is achieved . . . and perform the process as long as the rotational speed of the turbine and the generator is below a predetermined maximum value related to the output electric power of the micro gas turbine selected from a group consisting of a predetermined maximum value of the output electric current of the micro gas turbine and a predetermined maximum value of the electric efficiency of the micro gas turbine” (Claim 22, lines 3-21).
Response to Arguments
Applicant's arguments, regarding claims 14 and 20, filed 6/25/2026 have been fully considered but they are not persuasive. Applicant argues that the prior art does not teach or suggest a purging mechanism configured to purge an interior of the cabinet by supplying air to the interior of the cabinet, and a valve mechanism controllable by a controller to open an inlet path of the compressor (i) to the interior of the cabinet for enabling the compressor to take in air from the interior of the cabinet, and (ii) to an exhaust associated with the turbine for enabling the compressor to take in exhaust gas from the turbine. In response and as discussed in the body of the rejection above, Scipio teaches (Figures 1-8) a purging mechanism (at 88, 210) configured to purge an interior of the cabinet (48; see Paragraph 0039, Paragraph 0045, and Figures 1-3 and 6), wherein a valve mechanism (78, 122, 176, 190) that is controllable by the controller (92) to open (via 96) the inlet path of the compressor (32): to the interior (via 88 or 210; see Figures 1-6) of the cabinet (48) enabling the compressor (32) to take in air from the interior (via 88 or 210) of the cabinet (48); to an exhaust (80) associated with the turbine (22) for enabling the compressor (32) to take in exhaust gas (TEG; see Figures 1-6 and Paragraph 0021) from the turbine (22). Laing teaches (Figures 1-17) a purge mechanism (232) configured to purge (see flow arrows in Figure 2) an interior of a cabinet (220) of a turbine engine (200) by supplying air (induced airflow 226) to the interior (via 230) of the cabinet (220). Therefore, Applicant’s arguments regarding claims 14 and 20 are refuted by the references.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS P BURKE whose telephone number is (571)270-5407. The examiner can normally be reached M-F 8:30-5:00 PM.
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/THOMAS P BURKE/Primary Examiner, Art Unit 3741
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