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 .
Status
This Final Office Action is in response to the amendment/request for reconsideration dated 21 January 2026 (hereinafter “Reply”).
Claim(s) 1-20 is/are pending.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 21 January 2026 was/were filed after the mailing date of the first action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has/have been considered.
Response to Amendment
The rejection of claim(s) 2, 19 under 35 U.S.C. 112(b) is/are withdrawn after consideration of the submitted amendment(s).
Response to Arguments
Regarding the rejection of claim(s) 1 and 3-14 as provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over co-pending Application No. 18/654,444 in view of U.S. Patent Application Publication No. 2024/0110518 to Miller et al., the applicant(s) submit the following remark(s)/argument(s):
(A) At page 8, fourth paragraph of the submitted Reply:
A terminal disclaimer has been filed in the co-pending application to obviate the double patenting rejection.
However, this response does not overcome the double patenting rejection because ff a provisional nonstatutory double patenting rejection is the only rejection remaining in an application, and that application has the later patent term filing date, the rejection should be maintained until applicant overcomes the rejection. Since, the present application has a later filing date from the co-pending application, the present application requires a terminal disclaimer or amendment to the claims to overcome the rejection. See MPEP 1490 (VI.D.2(c)). Thus, the double patenting rejection is maintained.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-15, 17-18 and 20 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 13, and 27 of co-pending Application No. 18/654,444 (hereinafter “Reference ‘444”) in view of United States Patent Application Publication No. 2024/0110518 to Miller et al. (hereinafter “MILLER”).
(A) Claim 1 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 1; however, does not explicitly teach annular cooling passage feature(s) of claim 1. MILLER teaches annular cooling passage features of claim 1 (see MILLER claim 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(B) Claim 3 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 3; however, does not explicitly teach annular cooling passage and variable bleed feature(s) of claim 3. MILLER teaches annular cooling passage and variable bleed features of claim 3 (see MILLER claim 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage and variable bleed feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(C) Claim 4 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 4; however, does not explicitly teach annular cooling passage and variable bleed feature(s) of claim 4. MILLER teaches annular cooling passage and variable bleed features of claim 4 (see MILLER claim 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage and variable bleed feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(D) Claim 5 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 5; however, does not explicitly teach annular cooling passage and variable bleed feature(s) of claim 5. MILLER teaches annular cooling passage and variable bleed features of claim 5 (see MILLER claim 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage and variable bleed feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(E) Claim 6 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 6; however, does not explicitly teach annular cooling passage and variable bleed feature(s) of claim 6. MILLER teaches annular cooling passage and variable bleed features of claim 6 (see MILLER claim 5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage and variable bleed feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(F) Claim 7 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 7; however, does not explicitly teach annular cooling passage and variable bleed feature(s) of claim 7. MILLER teaches annular cooling passage and variable bleed features of claim 7 (see MILLER claim 8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage and variable bleed feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(G) Claim 8 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 8; however, does not explicitly teach annular cooling passage and variable bleed feature(s) of claim 8. MILLER teaches annular cooling passage and variable bleed features of claim 8 (see MILLER claim 9). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage and variable bleed feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(H) Claim 9 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 9; however, does not explicitly teach heat exchanger feature(s) of claim 9. MILLER teach heat exchanger features of claim 9 (see MILLER claim 10). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having heat exchanger feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(I) Claim 10 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 10; however, does not explicitly teach annular cooling passage and variable bleed feature(s) of claim 10. MILLER teaches annular cooling passage and variable bleed features of claim 10 (see MILLER para. 0082). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage and variable bleed feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(J) Claim 11 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 11; however, does not explicitly teach heat exchanger feature(s) of claim 11. MILLER teaches heat exchanger features of claim 11 (see MILLER para. 0062). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the heat exchanger feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(K) Claim 12 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 12; however, does not explicitly teach heat exchanger feature(s) of claim 12. MILLER teaches heat exchanger features of claim 12 (see MILLER para. 0034). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the heat exchanger feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(L) Claim 13 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 13; however, does not explicitly teach compressor feature(s) of claim 13. MILLER teaches compressor features of claim 13 (see MILLER para. 0134). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the compressor feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(M) Claim 14 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 14; however, does not explicitly teach compressor feature(s) of claim 14. MILLER teaches compressor features of claim 14 (see MILLER para. 0135). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the compressor feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(N) Claim 15 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 13 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 15; however, does not explicitly teach the annular cooling passage feature(s) of claim 15. MILLER teaches the annular cooling passage features of claim 15 (see MILLER claim 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(O) Claim 17 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 13 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 17; however, does not explicitly teach annular cooling passage and variable bleed feature(s) of claim 17. MILLER teaches annular cooling passage and variable bleed features of claim 17 (see MILLER claim 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage and variable bleed feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(P) Claim 18 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 27 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 18; however, does not explicitly teach the annular cooling passage feature(s) of claim 18. MILLER teaches the annular cooling passage features of claim 18 (see MILLER claim 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
(Q) Claim 20 is provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 27 of Reference Application ‘444.
Reference ‘444 teaches the gas turbine engine of claim 20; however, does not explicitly teach annular cooling passage and variable bleed feature(s) of claim 20. MILLER teaches annular cooling passage and variable bleed features of claim 20 (see MILLER claim 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Reference ‘444 by having the annular cooling passage and variable bleed feature(s), as taught by MILLER, in order to have a small amount of high pressure airflow utilized to urge a low pressure airfoil through the cooling passage and thereby achieve the predictable result of an overall more efficient cooling system that allows for the low pressure airflow to be used for cooling various components (MILLER paragraph 0037).
This is a provisional nonstatutory double patenting rejection.
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 KAYLA M MCCAFFREY whose telephone number is (571)272-3438. The examiner can normally be reached Monday - Friday (excluding Wednesday) 10AM - 2 PM EST.
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KAYLA M. MCCAFFREY
Primary Examiner
Art Unit 3745
/Kayla McCaffrey/Primary Examiner, Art Unit 3745
Prosecution Insights