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 .
Election/Restrictions
The restriction/election requirement between Groups I and II dated 1 April 2026 is withdrawn.
Applicant's election with traverse of Species 2 in the reply filed on 1 June 2026 is acknowledged. Applicant does not appear to provide an argument with respect to restriction/election requirement between Species 1 - 5. As such, the traversal is not found persuasive.
The requirement is still deemed proper and is therefore made FINAL.
Claims 4 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
Fillets
Flutes
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 11 – 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claims 4 and 16, the claim recites “the one or more channels comprise a plurality of flutes”. It is unclear as to what limitations “flutes” imports onto the “channels”. The specification appears to recite flutes pertains to a shape but it is not clear what a shape of a flute is. As such, it is unclear as to what the difference is between a flute and a channel, thus rendering the claims indefinite.
Regarding Claim 11, the claim recites “during use”. It is unclear what must be occurring so that “use” can be determined as occurring, thus rendering the claim indefinite.
Regarding Claim 11, the claim recites “hot gas”. It is unclear as to at what temperatures of a gas can be considered “hot”, thus rendering the claim indefinite.
Claims dependent upon a rejected claim are therefore rejected as well.
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 – 3, 5 – 12, and 14, 15, and 17 - 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Phillips et al. (US 2010/0079136), in view of DeLancey et al. (US 2012/0171015).
Regarding Claim 1, Phillips discloses an adapter, in at least Figures 1 – 4, comprising: a cup (24), wherein the cup comprises: an inner portion (portion of 24 as seen in Figure 2) proportioned to retain a sensor probe (30, 40) such that a face of the sensor probe (face of 30 as seen in Figure 2) is exposed to an interior of a gas turbine (Figure 1), wherein the inner portion comprises a sidewall (wall of 24 seen in Figure 2); one or more channels (28) extending along the sidewall (Figure 2); and a mounting flange (26); wherein the one or more channels are configured to direct a gas from an exterior of the gas turbine across the face of the sensor probe [0035].
Phillips fails to expressly disclose a lip, where the channels extend along the sidewall and across the lip.
DeLancey teaches sidewalls (sidewall of 84) and a lip (end of 84) (Figure 3), where channels (90) extend along the sidewall and across the lip (Figure 3).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Phillips to include a lip and have the channels extend across that as well for the benefit of further aiding the flow to reach Phillips sensor face, as taught by DeLancey [0031 – 0033] (110 in Figure 4).
Regarding Claim 2, Phillips discloses the one or more channels comprise a plurality of flutes disposed around a perimeter of the sidewall of the cup (Figure 2).
Regarding Claim 3, Phillips discloses the inner portion of the cup comprises a plurality of lands (areas between the channels in 26) providing weld sites for attaching the sensor probe to the adapter (via 32) [0036].
Regarding Claim 5, Phillips discloses the mounting flange is saddle-shaped to conform to a cylindrical profile of a mounting surface of the gas turbine (Figure 1).
Regarding Claim 6, DeLancey teaches the one or more channels comprises fillets (see curvature of the channels at the tip) (Figures 3, 4) where the combination renders obvious the fillets in the sidewall of the cup as discussed in the rejection of Claim 1 above.
Regarding Claim 7, the fillets extending from the lip to the mounting flange is rendered obvious according to the rejection of Claims 1 and 6 as discussed above.
Regarding Claim 8, the combination renders obvious at least one of the fillets is configured to create a flow of cooler gas across the face of the sensor probe parallel to a flow of hotter gas within the gas turbine (Phillips [0035]) where Delancey also renders the flow obvious as discussed in the rejection of Claims 1 and 6 above.
Regarding Claim 9, in the combination, Phillips discloses one or more spaces between the fillets define a plurality of lands providing weld sites for attaching the sensor probe (see spaces between 28 in 26).
Regarding Claim 10, Phillips discloses the adapter is formed from a metal that is heat treatable after being welded to the gas turbine [0033].
Regarding Claim 11, Phillips discloses a method comprising: providing an adapter (Figures 1 – 4) , wherein the adapter includes a cup (24), the cup including an inner portion (portion of 24 as seen in Figure 2) proportioned to retain a sensor probe (30, 40) such that a face of the sensor probe (face of 30 as seen in Figure 2) is exposed to an interior of a gas turbine (Figure 1), wherein the inner portion comprises a sidewall (wall of 24 seen in Figure 2), the cup also including one or more channels (28) extending along the sidewall (Figure 2); wherein the adapter includes a mounting flange (26); positioning the adapter in an orifice in a member of the gas turbine (orifice in 12) (Figure 1), wherein the member has a hot side disposed towards a flow of hot gas during use (side of 12 facing 14, 16) (Figure 1) and a cool side disposed towards a flow of cooler gas during use (side of 12 facing 32) (Figure 1) such that the cup passes through the orifice toward the hot side and the mounting flange contacts the member on the cool side (Figure 1); positioning the sensor probe within the cup (Figure 3); and creating a second weld attaching the sensor probe to the adapter (via 32) [0036]; wherein the one or more channels are configured to direct a gas from an exterior of the gas turbine across the face of the sensor probe [0035].
Phillips fails to expressly disclose a lip, where the channels extend along the sidewall and across the lip.
DeLancey teaches sidewalls (sidewall of 84) and a lip (end of 84) (Figure 3), where channels (90) extend along the sidewall and across the lip (Figure 3).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Phillips to include a lip and have the channels extend across that as well for the benefit of further aiding the flow to reach Phillips sensor face, as taught by DeLancey [0031 – 0033] (110 in Figure 4).
Phillips also fails to creating a first weld attaching the adapter to the cool side of the member.
Phillips does disclose the adapter and member are made of compatible metals [0033]. As the adapter and member are in a hostile and a high temperature environment (inherent to a gas turbine engine), it would have been obvious to secure the structure utilizing a strong method, including welding i.e. welding the mounting flange ton the cool side of the member for the benefit of ensuring the sensor does not move in such an environment to ensure accuracy of the clearance measurements.
Regarding Claim 12, the combination fails to expressly disclose heat treating the first weld before positioning the sensor probe within the cup.
Examiner takes Official Notice heat treating welds ensures mechanical integrity, corrosion resistance, and dimensional stability. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination so that the first weld is heat treated prior to position the sensor probe within the cup for the benefit of ensuring longevity of the weld.
Regarding Claim 14, Phillips discloses the one or more channels comprise a plurality of flutes disposed around a perimeter of the sidewall of the cup (Figure 2).
Regarding Claim 15 Phillips discloses the inner portion of the cup comprises a plurality of lands (areas between the channels in 26) providing weld sites for attaching the sensor probe to the adapter (via 32) [0036]; and the second weld is created at a land of the plurality of lands [0036].
Regarding Claim 17, DeLancey teaches the one or more channels comprises fillets (see curvature of the channels at the tip) (Figures 3, 4) where the combination renders obvious the fillets in the sidewall of the cup as discussed in the rejection of Claim 11 above.
Regarding Claim 18, the fillets extending from the lip to the mounting flange is rendered obvious according to the rejection of Claims 11 and 17 as discussed above
Regarding Claim 19, in the combination, Phillips discloses one or more spaces between the fillets define a plurality of lands providing weld sites for attaching the sensor probe (see spaces between 28 in 26).
Regarding Claim 20, Phillips discloses the second weld is created at a land of the plurality of lands [0036].
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Phillips et al. (US 2010/0079136), in view of DeLancey et al. (US 2012/0171015), in further view of Hackett et al. (US 2021/0255062).
Regarding Claim 13, the combination fails to expressly disclose the member comprises a back outer air seal (BOAS) of the gas turbine.
Hackett teaches mounting a probe at the BOAS of a gas turbine [0050, 0064].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination so that the member comprises a back outer air seal (BOAS) of the gas turbine for the benefit of mounting the sensor at a location known to be closest to the blade tips, as taught by Hackett [0003].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MERCADO whose telephone number is (571)270-7094. The examiner can normally be reached Monday - Thursday 9am - 4pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALEXANDER A. MERCADO
Primary Examiner
Art Unit 2855
/ALEXANDER A MERCADO/ Primary Examiner, Art Unit 2855
Prosecution Insights