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 Status
Claims 1-5, 7-13, 15-17, 19 and 20 have been amended. Claims 6 and 14 have been cancelled. With claims 16-20 presently withdrawn, claims 1-5, 7-13 and 15 remain pending.
Response to Arguments
Applicant’s arguments, filed 12/2/2025, with respect to 35 USC 112(b) rejections have been fully considered and are persuasive. The 35 USC 112(b) rejections of 9/8/2025 has been withdrawn.
Applicant's arguments with respect to the 35 USC 102 rejections of claim 1 and 9 have been fully considered but they are not persuasive. Applicant argues that Harvey is silent to the noted amendments and that the pressure surface is entirely concave and cannot be a whale-shaped forward portion. The examiner disagrees because whale shaped does not require the pressure side to be concave and convex. See claim interpretation section.
Applicant’s arguments with respect to the 35 USC 102 rejections of claim 4 and 12 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. The 35 USC 102 rejections of claim 4 and 12 of 9/8/2025 has been withdrawn.
The action is updated below and made final necessitated by amendment.
Claim Interpretation
Claims 1 and 9 recite “a whale-shaped forward portion” which is being interpreted as having a rounded contour similar to a whale’s body. Note that whale bodies contours encompass different types of profiles with sperm whales and pilot whales having a blunt profile, and with fin whales and minke whales having more a sharp profile. Accordingly, this claim limitation is being interpreted as encompassing a tapered rounded profile similar to a profile of a whale bodies, and does not require the specific shape of the application.
Applicant defines the chord line as Fig 3 reference number 301. In the art, reference number 301 would be called the chamber line. In the art, the chamber line is an imaginary line that is halfway between the suction and pressure sides of the airfoil and the chord line is an imaginary line that connects the leading edge to the trailing edge. Applicant is defining the chord line as the chamber line of the blade since the line curves with the pressure side and suction side of the blade.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, 7-11, 13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harvey (US Patent 9,046,111).
Regarding claim 1, Harvey discloses a stator vane (Fig 27: S1-S6), comprising:
an airfoil section (Fig 4, 9, 15), the airfoil section comprising:
a leading edge (at 0 mm, 0 mm in Fig 4, 9, 15);
a trailing edge opposite the leading edge (opposite end of the leading edge at 0mm, 0mm);
a pressure side (58) extending from the leading edge to the trailing edge (Fig 4, 9, 15); and
a suction side (56) opposite the pressure side and extending from the leading edge to the trailing edge (Fig 4, 9, 15),
a chord line being defined between the leading edge and the trailing edge and between the pressure and suction sides (In the art, the chamber line (or chord line as defined by applicant) is an imaginary line that is halfway between the suction and pressure sides of the airfoil; see claim interpretation),
the pressure and suction sides forming a whale-shaped forward portion proximate to the leading edge (Fig 4, 9, 15: 56 and 58 form a whale shape leading edge), in which, from the leading edge to a point of a maximum thickness (53) of the airfoil section,
the pressure and suction sides are convex and respectively diverge in opposite directions from one another and from the chord line (58 and 56 are convex together and both sides diverge from the chord line),
and the suction side forming a reverse-turning section (Region of concave curvature forms a reverse turning section) proximate to the trailing edge (Fig 4, 9, 15).
Regarding claim 2, Harvey discloses:
the whale-shaped forward portion forms the maximum thickness of the airfoil section with a maximum thickness (Fig 4, 9, 15: 53 which appears to be about 12 mm in Fig 4)/chord ratio (which appears to be about 125 mm) of 8-20% (about 10% in scaled Fig. 4).
Regarding claim 3, Harvey discloses:
the whale-shaped forward portion comprises locally thickened sections of the pressure side and suction side from 15-45% chord length (Fig 4: whale shape is between about 20%-40% of the chord length in the to-scale drawing).
Regarding claim 5, Harvey discloses:
the reverse-turning section (Fig 4: 52) starts at 70%-85% of a chord of the airfoil section and extends to the trailing edge (“rear half”, “about 75%”, Col. 7, line 67-Col. 8, lines 1, Fig. 4; also see 126 in Fig. 15 with reverse turning section inclusive of the second bump and trailing edge portion of the blade).
Note that bump 52 of Harvey includes a concave region at the front end as indicated in Fig 4, and anticipates the claim since the start of the bump overlaps the claimed range (see “rear half”), and discloses a specific example “about 66%” Col. 8, line 32 that appears to anticipate the lower range “about 70%” based on about being broadly interpreted as being inclusive of deviations of a few percent. Furthermore, other examples (see scaled Fig 15) disclose the concave portion starting within the claimed range.
Regarding claim 7, Harvey discloses:
the whale-shaped forward portion and the reverse-turning section are provided between 5-25% span (Col. 16, lines 58-62).
Regarding claim 8, Harvey discloses:
the whale-shaped forward portion forms a maximum thickness of the airfoil section with a maximum thickness (Fig 4: 53 which appears to be about 12 mm in Fig 4)/chord ratio (which appears to be about 125 mm) of 8-20% (about 10% in scaled Fig. 4), and comprises locally thickened sections of the pressure side and suction side from 15-45% chord length (Fig. 4), and the reverse-turning section (see profile including 52) starts at 70%-85% of a chord of the airfoil section and extends to the trailing edge (“rear half”, “about 75%”, Col. 7, line 67-Col. 8, lines 1, Col. 8, line 32, Fig. 4).
Regarding claim 9, Harvey discloses: a compressor section of an aircraft gas turbine engine (Col. 1, line 5, Fig. 27), comprising:
an inner gas path structure (Fig 27: 220);
an outer gas path structure (230) disposed about the inner gas path structure; and
a stator stage comprising a plurality of cantilever stator vanes (Col. 16, lines 58-62), each of which comprises an airfoil section (Fig 4, 9, 15) comprising:
a leading edge (at 0 mm, 0 mm in Fig 4, 9, 15);
a trailing edge opposite the leading edge (opposite end of the leading edge at 0mm, 0mm);
a pressure side (58) extending from the leading edge to the trailing edge (Fig 4, 9, 15); and
a suction side (56) opposite the pressure side and extending from the leading edge to the trailing edge (Fig 4, 9, 15),
a tip connected to the outer gas path structure (Col. 10, lines 35-36); and
a base end (Col. 10, lines 49-42, also see “tips” Col. 16, lines 58-62) cantilevered from the inner gas path structure,
a chord line being defined between the leading edge and the trailing edge and between the pressure and suction sides (In the art, the chamber line (or chord line as defined by applicant) is an imaginary line that is halfway between the suction and pressure sides of the airfoil; see claim interpretation),
the pressure and suction sides forming a whale-shaped forward portion proximate to the leading edge (Fig 4, 9, 15: 56 and 58 form a whale shape leading edge), in which, from the leading edge to a point of a maximum thickness (53) of the airfoil section,
the pressure and suction sides are convex and respectively diverge in opposite directions from one another and from the chord line (58 and 56 are convex together and both sides diverge from the chord line),
and the suction side forming a reverse-turning section (Region of concave curvature forms a reverse turning section) proximate to the trailing edge (Fig 4, 9, 15).
Regarding claim 10, Harvey discloses:
the whale-shaped forward portion of the airfoil section forms the maximum thickness of the airfoil section with a maximum thickness (Fig 4, 9, 15: 53 which appears to be about 12 mm in Fig 4)/chord ratio (which appears to be about 125 mm) of 8-20% (about 10% in scaled Fig. 4).
Regarding claim 11, Harvey discloses:
the whale-shaped forward portion of the airfoil section comprises locally thickened sections of the pressure side and suction side from 15-45% chord length (Fig 4: whale shape is between about 20%-40% of the chord length in the to scale drawing).
Regarding claim 13, Harvey discloses:
the reverse-turning section (Fig 4: 52) starts at 70%-85% of a chord of the airfoil section and extends to the trailing edge (“rear half”, “about 75%”, Col. 7, line 67-Col. 8, lines 1, Fig. 4; also see 126 in Fig. 15 with reverse turning section inclusive of the second bump and trailing edge portion of the blade).
Note that bump 52 of Harvey includes a concave region at the front end as indicated in Fig 4, and anticipates the claim since the start of the bump overlaps the claimed range (see “rear half”), and discloses a specific example “about 66%” Col. 8, line 32 that appears to anticipate the lower range “about 70%” based on about being broadly interpreted as being inclusive of deviations of a few percent. Furthermore, other examples (see scaled Fig 15) disclose the concave portion starting within the claimed range.
Regarding claim 15, Harvey discloses:
the whale-shaped forward portion and the reverse-turning section of the airfoil section are provided at 5-25% span (Col. 16, lines 58-62),
the whale-shaped forward portion forms a maximum thickness of the airfoil section with a maximum thickness (Fig 4: 53 which appears to be about 12 mm in Fig 4)/chord ratio (which appears to be about 125 mm) of 8-20% (about 10% in scaled Fig. 4), and comprises locally thickened sections of the pressure side and suction side from about 15-45% chord length (Fig 4), and
the reverse-turning section (see profile including 52) starts at 70%-85% of a chord of the airfoil section and extends to the trailing edge (“rear half”, “about 75%”, Col. 7, line 67-Col. 8, lines 1, Col. 8, line 32, Fig 4).
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vogiatzis (US Patent 2004/0047727).
Regarding claim 1, Vogiatzis discloses: a stator vane (Fig 3A: 36), comprising:
an airfoil section (Fig 7A and 7B), the airfoil section comprising:
a leading edge (76);
a trailing edge opposite the leading edge (78);
a pressure side (74) extending from the leading edge to the trailing edge (74 between 76 and 78); and
a suction side (72) opposite the pressure side and extending from the leading edge to the trailing edge (72 between 76 and 78),
a chord line being defined between the leading edge and the trailing edge and between the pressure and suction sides (In the art, the chamber line (or chord line as defined by applicant) is an imaginary line that is halfway between the suction and pressure sides of the airfoil; see claim interpretation),
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the pressure and suction sides forming a whale-shaped forward portion proximate to the leading edge (72 and 74 form a whale shape leading edge), in which, from the leading edge to a point of a maximum thickness (see clip below) of the airfoil section,
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the pressure and suction sides are convex and respectively diverge in opposite directions from one another and from the chord line (72 and 74 are convex together and both sides diverge from the chord line),
and the suction side forming a reverse-turning section (Region of concave curvature (after 6 on the side 72) forms a reverse turning section) proximate to the trailing edge (78).
26. Regarding claim 4, Vogiatzis discloses:
wherein the suction side consists of a single convex portion (Fig 7A and 7B: From point A to B), a single concave portion (from a middle area between point B and C to 78) and a single inflexion portion interposed between the single convex portion and the single concave portion (A point where the convex portion converts to the concave portion), and
the reverse-turning section consists of a single concave section of the single concave portion of the suction side (74 is a single concave section).
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.
Claims 8 and 15 are also rejected under 35 U.S.C. 103 as being unpatentable over Harvey (US Patent 9,046,111).
Regarding claims 8 and 15, Harvey discloses:
the whale-shaped forward portion and the reverse-turning section of the airfoil section are provided at 5-25% span (Col. 16, lines 58-62),
the whale-shaped forward portion forms the maximum thickness of the airfoil section with a maximum thickness (Fig 4: 53 which appears to be about 12 mm in Fig. 4)/chord ratio (which appears to be about 125 mm) of 8-20% (about 10% in scaled Fig. 4), and comprises locally thickened sections of the pressure side and suction side from 15-45% chord length (Fig 4), and the reverse-turning section (see profile including 52) appears to start at 70%-85% of a chord of the airfoil section and extends to the trailing edge (“rear half”, “about 75%”, Col. 7, line 67-Col. 8, lines 1, Col. 8, line 32, Fig 4).
Under a narrower interpretation, Harvey does not anticipate the range about 70-85%.
However, it has been held a prima facie case of obviousness exists where the claimed range “overlap or lie inside ranges disclosed by the prior art”, and where the claimed ranges or amounts overlap with the prior art but are merely close. See MPEP 2144.04(I). In this case, the claimed range appears to lie inside a range disclosed by Harvey and the specific example (about 66% in Fig. 4) is very close to the claimed range (about 70%-85%). Additionally, there is no showing of unexpected results or criticality. Accordingly, the difference in between the claimed range of the present application and the overlapping range and/or close value of Harvey would have been obvious.
Claim 12 is also rejected under 35 U.S.C. 103 as being unpatentable over Harvey (US Patent 9,046,111) in view of Vogiatzis (US Patent 2004/0047727).
Regarding claim 12, Harvey discloses:
wherein the suction side consists of a convex portion (Fig 4: Where reference 56 is located the side is convex), a single concave portion (Where region of concave curvature is labeled) and a single inflexion portion interposed between the single convex portion and the single concave portion (A point where the convex portion converts to the concave portion), and
the reverse-turning section consists of a single concave section of the single concave portion of the suction side (58 is a single concave section).
However, Harvey does not teach the suction side of a blade having only one single convex portion.
From the same field of endeavor, Vogiatzis teaches:
a stator vane (Fig 3A: 36), comprising:
an airfoil section (Fig 7A and 7B), the airfoil section comprising:
a leading edge (76);
a trailing edge opposite the leading edge (78);
a pressure side (74) extending from the leading edge to the trailing edge (74 between 76 and 78); and
a suction side (72) opposite the pressure side and extending from the leading edge to the trailing edge (72 between 76 and 78),
a chord line being defined between the leading edge and the trailing edge and between the pressure and suction sides (In the art, the chamber line (or chord line as defined by applicant) is an imaginary line that is halfway between the suction and pressure sides of the airfoil; see claim interpretation),
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the pressure and suction sides forming a whale-shaped forward portion proximate to the leading edge (72 and 74 form a whale shape leading edge), in which, from the leading edge to a point of a maximum thickness (see clip below) of the airfoil section,
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the pressure and suction sides are convex and respectively diverge in opposite directions from one another and from the chord line (72 and 74 are convex together and both sides diverge from the chord line),
and the suction side forming a reverse-turning section (Region of concave curvature (after 6 on the side 72) forms a reverse turning section) proximate to the trailing edge (78),
wherein the suction side consists of a single convex portion (Fig 7A and 7B: From point A to B), a single concave portion (from a middle area between point B and C to 78) and a single inflexion portion interposed between the single convex portion and the single concave portion (A point where the convex portion converts to the concave portion), and
the reverse-turning section consists of a single concave section of the single concave portion of the suction side (74 is a single concave section).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Harvey’s blade profile to have only a single convex portion on the suction side as seen in the vane profile of Vogiatzis in order to flatten out the chamber line reduce unwanted aerodynamic effects (abstract) such as over acceleration or undesired deceleration of fluid over the middle of the vane (Par 39)
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 NATHANIEL EDWARD WIEHE whose telephone number is (571)272-8648. The examiner can normally be reached M-F approx. 7-4:30 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, Alford Kindred can be reached at (571) 272-4037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745