DETAILED ACTION
This is in response to the Request for Continued Examination filed 5/8/2026 wherein claims 2-3 and 20 are canceled, claims 11-19 are withdrawn, and claims 1, 4-10, and 21-23 are presented for examination.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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4-10, and 21-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “the gear assembly comprising a planetary gear configuration such that just the first accessory is driven through the accessory gearbox at a first time period and just the second accessory is driven through the accessory gearbox at a second time period” in claim 1 (emphasis added) and “wherein the radial starter and the second accessory are powered through the accessory gearbox at different times” in claim 23 (emphasis added). Although Applicant’s specification states “An advantage of the stacked arrangement 220 of the starter 200a and generator 200b is the two components use the same shaft at different times. The starter 200a uses the drive shaft for less than a few minutes to start the engine 110, such as at the beginning of flight operations. The generator 200b then uses the shaft power after the engine 110 is running.” (see Paragraph 0055), Applicant’s specification does not include any description of both the first accessory and the second accessory being driven through the accessory gearbox or that both a radial starter and a second accessory being powered through the accessory gearbox. Applicant’s specification also does not describe that the only accessory driven through the accessory gearbox at the first time period is the first accessory and the only accessory driven through the accessory gearbox at the second time period is the second accessory. Therefore, the claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the art that Applicant had possession of the claimed invention at the time the application was filed.
Claims 4-10 and 21-22 are rejected for the same reasons discussed above based on their dependency to claim 1.
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 1, 4-10, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Cass et al. (US 2010/0242496) in view of Nayak et al. (US 2021/0239012), Kusnierek et al. (US 2020/0123982), and Altamura (US 2018/0283464).
Regarding Independent Claim 1, Cass teaches (Figures 1-6B) an assembly (see Figure 5B) that is operatively connected with a connection assembly (see Figure 5A) to a turbine engine (10) of an aircraft (see Figure 1A), the assembly (see Figure 5B) comprising:
an accessory gearbox (60) comprising:
a body (the casing of 60) configured to be connected to the connection assembly (see Figure 5A);
mounting pads (66A, 66B, 66C, 66D, 66E, 66F) spaced about the body (the casing of 60);
a first accessory (AC1) mounted to the body (60) at a first one of the mounting pads (one of 66A-66F;see Figure 4 and Paragraph 0029),
a second accessory (AC2) mounted to the first accessory (AC1), and configured to be driven (see Figure 5B) with the accessory gearbox (60) through the first accessory (AC1);
a gear assembly (70) connected to (see Figures 5A-5B and Paragraphs 0030-0032) the first accessory (AC1) and to the second accessory (AC2), wherein the gear assembly (70) enables the first accessory (AC1) and the second accessory (AC2) to operate at different speeds (see Paragraph 0032),
wherein the first accessory (AC1) and the second accessory (AC2) are in a stacked arrangement (see Figure 5B) that extends along an axis (Z); and
wherein the first accessory (AC1) comprising a shorter axial length (see Figure 5B) measured along the axis (Z) than the second accessory (AC2).
Although Cass teaches that the accessory can include a starter (see Paragraph 0025), Cass does not teach that the first accessory comprises an inlet to be driven by air that is received from a source and outlets to exhaust the air or that the gear assembly comprises a planetary gear, wherein just the first accessory is driven through the accessory gearbox at a first time period and just the second accessory is driven through the accessory gearbox at a second time period, wherein the first time period and the second time period do not overlap.
Nayak teaches (Figures 1-7) a starter (10) having an inlet (32) to be driven by air that is received from a source (a source of pressurized air; see Paragraph 0033) and outlets (see the openings disposed on the housing 30 where the air flow from flow path 36 exits the starter; see Figure 2) to exhaust the air (see flow path 36 in Figures 2-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cass to have the accessory comprise an inlet to be driven by air that is received from a source and outlets to exhaust the air, as taught by Nayak, in order to extract mechanical power from the flow of a fluid to provide rotational output used to start the engine (see abstract and Paragraph 0002 of Nayak) and since Cass teaches that the accessory can be a starter (see Paragraph 0025 of Cass). Cass in view of Nayak does not teach that the gear assembly comprises a planetary gear, wherein just the first accessory is driven through the accessory gearbox at a first time period and just the second accessory is driven through the accessory gearbox at a second time period, wherein the first time period and the second time period do not overlap.
Kusnierek teaches (Figures 1-10B) a stacked arrangement (see Figures 6A-8B) of a first accessory (330) and a second accessory (328) that are driven by air (air turbine starter 330; see Figures 6A-8B) and an accessory gearbox (114), wherein just the first accessory (330) is driven through the accessory gearbox (114) at a first time period (a first mode of operation 1000A; see Figure 10A and Paragraphs 0058-0059) and just the second accessory (328) is driven through the accessory gearbox (114) at a second time period (see Figure 10B, Paragraphs 0041, 0060-0062), wherein the first time period and the second time period do not overlap (due to the independent relationship between the air turbine starter shaft and generator shaft and their respective modes; see Paragraphs 0006-0008).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cass in view of Nayak to have just the first accessory is driven through the accessory gearbox at a first time period and just the second accessory is driven through the accessory gearbox at a second time period, wherein the first time period and the second time period do not overlap, as taught by Kusnierek, in order to achieve two different modes of starting the turbine, electric and pneumatic, without redesigning or changing the accessory gearbox, while also allowing more electrical power generation without changing the accessory gearbox to support an additional generator (Paragraph 0038 of Kusnierek). Cass in view of Nayak and Kusnierek does not teach, as discussed so far, that the gear assembly comprises a planetary gear.
Altamura teaches (Figures 1-10) a gearbox (218) that includes a planetary gear set (see Paragraph 0060).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cass in view of Nayak to have the gearbox include a planetary gear, as taught by Altamura, in order to allow a first accessory to rotate at a relatively high rotational speed, while turning an output shaft at a relatively low rotational speed (Paragraph 0060 of Altamura).
Regarding Claim 4, Cass in view of Nayak, Kusnierek, and Altamura teaches the invention as claimed and as discussed above. Cass further teaches (Figures 1-6B) a drive shaft (76; see Figures 6A-6B) that extends outward from the second accessory (AC2), wherein the drive shaft (76) extends through the first accessory (AC1) and is operatively connected to the body (60).
Regarding Claim 5, Cass in view of Nayak, Kusnierek, and Altamura teaches the invention as claimed and as discussed above. Cass further teaches (Figures 1-6B) wherein the first accessory (AC1) comprises a central opening (an opening for 76; see Figures 5A-6B) with a central axis (Z) and the drive shaft (76) comprises an axis (a central longitudinal axis through 76; see Figures 5A-6B) with the central axis (a central longitudinal axis through AC1; see Figures 5A-6B) and the axis being coincident (both axes along axis Z; see Figures 5A-6B).
Regarding Claim 6, Cass in view of Nayak, Kusnierek, and Altamura teaches the invention as claimed and as discussed above. Cass further teaches (Figures 1-6B) a third accessory (one of a deoiler D, a hydraulic pump HP, or oil pump OP; see Figure 2C) mounted to the body (60) at a second one of the mounting pads (another one of 66A-66F) with the second mounting pad spaced apart (see Figure 4) on the body (60) from the first mounting pad (one of 66A-66F).
Regarding Claim 7, Cass in view of Nayak, Kusnierek, and Altamura teaches the invention as claimed and as discussed above. Cass further teaches (Figures 1-6B) wherein the second accessory (AC2) is stacked on the first accessory (AC2) and positioned away from (see Figures 5A-6B) the body (at 60).
Regarding Claim 8, Cass in view of Nayak, Kusnierek, and Altamura teaches the invention as claimed and as discussed above. Although Cass teaches (Figures 1-6B) that the accessories can includes starter/generators (Paragraph 0025 of Cass), Cass in view of Nayak, Kusnierek, and Altamura does not teach as discussed so far, that the first accessory is a starter to start the turbine engine and the second accessory is a generator.
Kusnierek teaches (Figures 1-10B) first and second accessories in a stacked arrangement extending along an axis (see Figures 6B, 6D, and 8B), wherein the first accessory (330) is a starter (Paragraph 0035) to start the turbine engine (100) and the second accessory (328) is a generator (Paragraph 0038).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cass in view of Nayak, Kusnierek, and Altamura to have the first accessory be a starter to start the turbine engine and the second accessory is a generator, as taught by Kusnierek, in order to achieve two different modes of starting the turbine without redesigning or changing the accessory gearbox, while also allowing for more electrical power generation without changing the generator or otherwise changing the accessory gearbox to support an additional generator (see Paragraph 0038 of Kusnierek).
Regarding Claim 9, Cass in view of Nayak, Kusnierek, and Altamura teaches the invention as claimed and as discussed above. Cass further teaches (Figures 1-6B) wherein the first accessory (AC1) comprises a first side (the side facing 60; see Figure 5B) that faces towards the accessory gearbox (at 60) and an opposing second side (the side facing AC2) that faces away from the accessory gearbox (at 60) with the second accessory (AC2) connected to (via 70 in Figure 5B or via 76 in Figure 6B) the second side (the side of AC1 facing AC2) of the first accessory (AC1).
Regarding Claim 10, Cass in view of Nayak, Kusnierek, and Altamura teaches the invention as claimed and as discussed above. Cass further teaches (Figures 1-6B) wherein the first accessory (AC1) comprises a central opening (an opening for shaft 76; see Figures 5A-6B) and the second accessory (AC2) comprises a shaft (76; see Figures 5A-6B) that extends outwardly (see Figures 5A-6B) with the shaft (76) extending through the central opening (an opening for shaft 76; see Figures 5A-6B).
Regarding Claim 21, Cass in view of Nayak, Kusnierek, and Altamura teaches the invention as claimed and as discussed above. Cass further teaches (Figures 1-6B) a shorter axial length (the length of AC1 compared to the length of AC2; see Figures 5B and 6B) of a first accessory (AC1) reduces an overhanging moment arm load (due to the relatively shorter length of AC1 compared to AC2) of the second accessory (AC2).
Regarding Claim 22, Cass in view of Nayak, Kusnierek, and Altamura teaches the invention as claimed and as discussed above. Cass further teaches (Figures 1-6B) a third accessory (AC3) mounted to the second accessory (AC2) in the stacked arrangement (see Figure 6B).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Cass et al. (US 2010/0242496) in view of Mahoney et al. (US 2006/0010875), Vermilye (US 4,044,550), and Kusnierek et al. (US 2020/0123982).
Regarding Independent Claim 23, Cass teaches (Figures 1-6B) an assembly (see Figure 5B) that is operatively connected with a connection assembly (see Figure 5A) to a turbine engine (10) of an aircraft (see Figure 1A), the assembly (see Figure 5B) comprising:
an accessory gearbox (60) comprising:
a body (the casing of 60) configured to be connected to the connection assembly (see Figure 5A);
mounting pads (66A, 66B, 66C, 66D, 66E, 66F) spaced about the body (the casing of 60);
a first accessory (AC1, which can be a starter; see Paragraph 0025) mounted to the body (60) at a first one of the mounting pads (one of 66A-66F;see Figure 4 and Paragraph 0029), the first accessory (AC1) comprising:
a first end (the end section that is mounted to the accessory gearbox case section 60; see Paragraph 0029-0030) mounted to the first one of the mounting pads (one of 66A-66F; see Figure 4 and Paragraph 0029),
an opposing second end (the end section where the second accessory component AC2 is mounted; see Paragraph 0030 and Figure 5A-6B);
a lateral side (the radial outer side with respect to axis Z; see Figures 5B and 6B) that extends between the first end (the end section that is mounted to the accessory gearbox case section 60; see Paragraph 0029-0030) and the second end (the end section where the second accessory component AC2 is mounted; see Paragraph 0030 and Figure 5A-6B),
a second accessory (AC2) mounted to the second end (the end section where the second accessory component AC2 is mounted; see Paragraph 0030 and Figure 5A-6B) of the first accessory (AC1) away from (see Figures 5A-6B) the accessory gearbox (60),
wherein the first accessory (AC1) and the second accessory (AC2) are in a stacked arrangement (see Figure 5B) that extends along an axis (Z); and
wherein the first accessory (AC1) comprising a shorter axial length (see Figure 5B) measured along the axis (Z) than the second accessory (AC2), and the first accessory (AC1) comprises a shorter length (see Figures 5B and 6B) measured along the axis (Z) than the second accessory (AC2).
Although Cass teaches that the accessory can include a starter (see Paragraph 0025), Cass does not teach that the first accessory is a radial starter comprising: a radial turbine; an inlet scroll to deliver air to the radial turbine, the inlet scroll configured to receive air along the lateral side between the first end and the second end; and exhaust holes to exhaust the air, the exhaust holes positioned along the lateral side between the first end and the second end. Cass also does not teach that the starter and the second accessory are powered through the accessory gearbox at different times.
Mahoney teaches (Figures 1-2) an air turbine (156) used to start a turbine engine (100; see Paragraph 0021), wherein the air turbine (156) may be any one of numerous types of air turbines including a vaned radial turbine, a vaneless radial turbine, and a vaned axial turbine (see Paragraph 0021).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cass to have the accessory include a radial starter comprising a radial turbine, as taught by Mahoney, since a simple substitution of one known element (in this case, a starter) for another (in this case, a radial turbine) to obtain predictable results (in this case, to provide a drive force supplied to the shaft of the turbine engine) was an obvious extension of prior art teachings, KSR, 550 U.S. at 415-421, 82 USPQ2d at 1396, MPEP 2141 III B. Cass in view of Mahoney does not teach, as discussed so far, that radial starter comprises: a radial turbine; an inlet scroll to deliver air to the radial turbine, the inlet scroll configured to receive air along the lateral side between the first end and the second end; and exhaust holes to exhaust the air, the exhaust holes positioned along the lateral side between the first end and the second end. Cass in view of Mahoney also does not teach that the starter and the second accessory are powered through the accessory gearbox at different times.
Vermilye teaches (Figures 1-4) an air turbine (10) having a radial turbine (24, 44), an inlet scroll (20) to deliver air (via 42) to the turbine (24, 44), the inlet scroll (20) configured to receive air (via 38) along the lateral side (see Figure 2) between a first end (at the left end of Figure 2) and a second end (at the right end of Figure 2), and exhaust holes (66, 68) to exhaust the air (Column 4, lines 28-44), the exhaust holes (66, 68) positioned along the lateral side (see Figure 2) between the first end (at the left end of Figure 2) and the second end (at the right end of Figure 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cass in view of Mahoney to have that radial starter comprises: a radial turbine; an inlet scroll to deliver air to the radial turbine, the inlet scroll configured to receive air along the lateral side between the first end and the second end; and exhaust holes to exhaust the air, the exhaust holes positioned along the lateral side between the first end and the second end, as taught by Vermilye, in order to have the pressurized fluid being fed to the turbine scroll to exit radially outwardly from the deflector even though an expelled turbine wheel is located within a partially blocking the outlet opening of the shroud and to allow radial escape of pressurized fluid should the turbine wheel become lodged within the deflector (Column 4, lines 28-44 of Vermilye) and since Mahoney teaches that the starting air turbine can be any one of numerous types of air turbines including a vaned radial turbine, a vaneless radial turbine, and a vaned axial turbine (see Paragraph 0021 of Mahoney). Cass in view of Mahoney and Vermilye does not teach that the starter and the second accessory are powered through the accessory gearbox at different times.
Kusnierek teaches (Figures 1-10B) a stacked arrangement (see Figures 6A-8B) of a starter (330) and a second accessory (328) that are powered through the accessory gearbox (114) at different times (during a first mode of operation 1000A and a second mode of operation 1000B; see Figures 10A-10B and Paragraphs 0058-0062), wherein the first time period and the second time period are different (due to the independent relationship between the air turbine starter shaft and generator shaft and their respective modes; see Paragraphs 0006-0008).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cass in view of Mahoney and Vermilye to have the starter and the second accessory are powered through the accessory gearbox at different times, as taught by Kusnierek, in order to achieve two different modes of starting the turbine, electric and pneumatic, without redesigning or changing the accessory gearbox, while also allowing more electrical power generation without changing the accessory gearbox to support an additional generator (Paragraph 0038 of Kusnierek).
Response to Arguments
Applicant’s arguments with respect to claims 1, 4-10, and 21-23 have been considered but are moot because the arguments do not apply to the new combination of references being applied in this office action, necessitated by amendment. However, to the extent possible, Applicant’s arguments have been addressed in the body of the rejection above, at the appropriate locations.
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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