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 . Claims 1-60 are pending in this application.
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).
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Claims 1-15, 24-29, 30-44 and 53-60 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-44 of U.S. Patent No. 12,601,314 in view of Mbamalu (U.S. Patent No. 10,023,329), hereinafter Mbamalu, and Pelfrey (U.S. Pre-grant Publication 2019/0003423), hereinafter Pelfrey.
Where tables are used below the claims are provided and show the limitations that are common to both claims as normal text. Text that includes an underline is text that is in addition to the common text. An explanation of where difference in language is not patentably distinct is provided in bold.
Regarding Claim 1, U.S. Patent No. 12,601,314 Claim 1 claims the limitations as shown below:
U.S. Patent No. 12,601,314
Instant Application (18/732,857)
Claim 1. A multi-stage rocket, comprising: a lower stage rocket; and an upper stage rocket separable from the lower stage rocket, the upper stage rocket including: a nose; a base opposite the nose; and a propulsion engine toward the base, the propulsion engine including: a high pressure chamber; and an aerospike nozzle configured to exhaust gas generated by the high pressure chamber, the aerospike nozzle including: a converging-diverging nozzle portion; a secondary nozzle portion downstream of the converging- diverging nozzle portion, the secondary nozzle portion including an inner expansion surface, an outer expansion surface outboard of the inner expansion surface, and an expansion cavity defined between the inner expansion surface and the outer expansion surface; and a nozzle exit at a downstream end of the secondary nozzle portion.
Claim 1. A multi-stage rocket, comprising: a lower stage rocket; and an upper stage rocket separable from the lower stage rocket, the upper stage rocket including: a nose; a base opposite the nose; a propulsion engine toward the base, the propulsion engine including: a high pressure chamber; an aerospike nozzle configured to exhaust gas generated by the high pressure chamber, the aerospike nozzle including: a converging-diverging nozzle portion; a secondary nozzle portion downstream of the converging- diverging nozzle portion, the secondary nozzle portion including an inner expansion surface, an outer expansion surface outboard of the inner expansion surface, and an expansion cavity defined between the inner expansion surface and the outer expansion surface; and a nozzle exit at a downstream end of the secondary nozzle portion; a heat shield at the base and defining a windward side of the upper stage rocket during travel in a base-first atmospheric re-entry trajectory, the heat shield including a first heat shield portion inboard of the nozzle exit and a second heat shield portion outboard of the nozzle exit; and a heat exchanger configured to actively cool the first heat shield portion and the second heat shield portion during the travel in the base-first atmospheric re-entry trajectory.
U.S. Patent No. 12,601,314 does not claim a heat shield at the base and defining a windward side of the upper stage rocket during travel in a base-first atmospheric re-entry trajectory, the heat shield including a first heat shield portion inboard of the nozzle exit and a second heat shield portion outboard of the nozzle exit; and a heat exchanger configured to actively cool the first heat shield portion and the second heat shield portion during the travel in the base-first atmospheric re-entry trajectory.
However, Mbamalu teaches a rocket (Figure 1) with a heat shield, 54, at the base, 23, and defining a windward side of the rocket during travel in a base-first atmospheric re-entry trajectory (Column 6, Lines 34-42 – the base and heat shield face the wind during descent/re-entry and thus form the windward side of the rocket during re-entry), the heat shield including a first heat shield portion, 63, inboard of a nozzle exit, 69.
Therefore 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 invention of U.S. Patent No. 12,601,314 by including a heat shield at the base and defining a windward side of the upper stage rocket during travel in a base-first atmospheric re-entry trajectory, the heat shield including a first heat shield portion inboard of the nozzle exit, as taught by Mbamalu, in order to protect the vehicle during re-entry and descent of the vehicle (Mbamalu – Column 7, Lines 34-37).
U.S. Patent No. 12,601,314 in view of Mbamalu do not disclose the heat shield including a second heat shield portion outboard of the nozzle exit; and a heat exchanger configured to actively cool the first heat shield portion and the second heat shield portion during the travel in the base-first atmospheric re-entry trajectory.
However, Pelfrey teaches and aerospike vehicle (Figure 1) with a heat shield (the portions of the structure that contain the cooling channels/heat exchangers, 22, 52 and 54, make up a heat shield) that includes a first heat shield portion (the portion of the heat shield containing the channels/heat exchangers, 52 and 54, is the first heat shield portion) inboard of the nozzle exit, 62, and a second heat shield portion (the portion of the heat shield containing the channels/heat exchanger, 22, is the second heat shield portion) outboard of a nozzle exit, 62; and a heat exchanger, 22, 52 and 54, configured to actively cool the first heat shield portion and the second heat shield portion during the travel in the base-first atmospheric re-entry trajectory (this limitation is functional language that describes how the structure is used and that does not imply any additional structure. Further Paragraph 0017 states the heat exchangers provide cooling/heat protection and thus would be capable of performing the function).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the invention U.S. Patent No. 12,601,314 in view of Mbamalu by making the heat shield including a second heat shield portion outboard of the nozzle exit; and a heat exchanger configured to actively cool the first heat shield portion and the second heat shield portion, as taught by Pelfrey, resulting in the actively cooling during the travel in the base-first atmospheric re-entry trajectory in order to provide cooling the heat shield (Pelfrey – Paragraphs 0026-0027).
Regarding Claims 2-15 and 24-29, the limitations of the claims are claimed in U.S. Patent No. 12,601,314, claims 2-21, respectively, using substantially the same language.
Regarding Claim 30, U.S. Patent No. 12,601, 314 Claim 22 claims the limitations as shown below:
U.S. Patent No. 12,601,314
Instant Application (18/732,857)
Claim 22. An atmospheric re-entry vehicle, comprising: a nose; a base opposite the nose; and a propulsion engine toward the base, the propulsion engine including: a high pressure chamber; and an aerospike nozzle configured to exhaust gas generated by the high pressure chamber, the aerospike nozzle including: a converging-diverging nozzle portion; a secondary nozzle portion downstream of the converging- diverging nozzle portion, the secondary nozzle portion including an inner expansion surface, an outer expansion surface outboard of the inner expansion surface, and an expansion cavity defined between the inner expansion surface and the outer expansion surface; and a nozzle exit at a downstream end of the secondary nozzle portion.
Claim 30. An atmospheric re-entry vehicle, comprising: a first end (the first end is substantially the same a nose of a vehicle); a second end (the second end is substantially the same as the base of a vehicle) opposite the first end; a propulsion engine toward the second end, the propulsion engine including: a high pressure chamber; an aerospike nozzle configured to exhaust gas generated by the high pressure chamber, the aerospike nozzle including: a converging-diverging nozzle portion; a secondary nozzle portion downstream of the converging- diverging nozzle portion, the secondary nozzle portion including an inner expansion surface, an outer expansion surface outboard of the inner expansion surface, and an expansion cavity defined between the inner expansion surface and the outer expansion surface; and a nozzle exit at a downstream end of the secondary nozzle portion; a heat shield at the second end and defining a windward side of the vehicle during travel in an atmospheric re-entry trajectory in which the second end leads the first end, the heat shield including a first heat shield portion inboard of the nozzle exit and a second heat shield portion outboard of the nozzle exit; and a heat exchanger configured to actively cool the first heat shield portion and the second heat shield portion during the travel in the atmospheric re-entry trajectory.
U.S. Patent No. 12,601,314 does not claim a heat shield at the second end and defining a windward side of the vehicle during travel in an atmospheric re-entry trajectory in which the second end leads the first end, the heat shield including a first heat shield portion inboard of the nozzle exit and a second heat shield portion outboard of the nozzle exit; and a heat exchanger configured to actively cool the first heat shield portion and the second heat shield portion during the travel in the base-first atmospheric re-entry trajectory.
However, Mbamalu teaches a rocket (Figure 1) with a heat shield, 54, at the base/second end, 23, and defining a windward side of the rocket during travel in an atmospheric re-entry trajectory in which the second end leads the first end (Column 6, Lines 34-42 – the base/second end and heat shield face the wind during descent/re-entry and thus form the windward side of the rocket during re-entry), the heat shield including a first heat shield portion, 63, inboard of a nozzle exit, 69.
Therefore 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 invention of U.S. Patent No. 12,601,314 by including a heat shield at the second end and defining a windward side of the upper stage rocket during travel in an atmospheric re-entry trajectory in which the second end leads the first end, the heat shield including a first heat shield portion inboard of the nozzle exit, as taught by Mbamalu, in order to protect the vehicle during re-entry and descent of the vehicle (Mbamalu – Column 7, Lines 34-37).
U.S. Patent No. 12,601,314 in view of Mbamalu do not disclose the heat shield including a second heat shield portion outboard of the nozzle exit; and a heat exchanger configured to actively cool the first heat shield portion and the second heat shield portion during the travel in the base-first atmospheric re-entry trajectory.
However, Pelfrey teaches and aerospike vehicle (Figure 1) with a heat shield (the portions of the structure that contain the cooling channels/heat exchangers, 22, 52 and 54, make up a heat shield) that includes a first heat shield portion (the portion of the heat shield containing the channels/heat exchangers, 52 and 54, is the first heat shield portion) inboard of the nozzle exit, 62, and a second heat shield portion (the portion of the heat shield containing the channels/heat exchanger, 22, is the second heat shield portion) outboard of a nozzle exit, 62; and a heat exchanger, 22, 52 and 54, configured to actively cool the first heat shield portion and the second heat shield portion during the travel in the base-first atmospheric re-entry trajectory (this limitation is functional language that describes how the structure is used and that does not imply any additional structure. Further Paragraph 0017 states the heat exchangers provide cooling/heat protection and thus would be capable of performing the function).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the invention U.S. Patent No. 12,601,314 in view of Mbamalu by making the heat shield including a second heat shield portion outboard of the nozzle exit; and a heat exchanger configured to actively cool the first heat shield portion and the second heat shield portion, as taught by Pelfrey, resulting in the actively cooling during the travel in the base-first atmospheric re-entry trajectory in order to provide cooling the heat shield (Pelfrey – Paragraphs 0026-0027).
Regarding Claims 31-44 and 53-60, the limitations of the claims are claimed in U.S. Patent No. 12,601,314, claims 23-44, respectively, using substantially the same language.
Allowable Subject Matter
Claims 16-23 and 45-52 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.
Conclusion
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/KYLE ROBERT THOMAS/Examiner, Art Unit 3741
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