Prosecution Insights
Last updated: July 17, 2026
Application No. 18/780,190

ASYMETRIC OPERATING REGIME MID-EXIT TYPE CHANGE SWITCHING/SELECTING CONTROL SYSTEM AND METHOD

Final Rejection §102§103
Filed
Jul 22, 2024
Examiner
KINGSLAND, KYLE J
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Pratt & Whitney Canada Corp.
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
9m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
184 granted / 234 resolved
+26.6% vs TC avg
Moderate +7% lift
Without
With
+7.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
28 currently pending
Career history
259
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
81.0%
+41.0% vs TC avg
§102
12.2%
-27.8% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 234 resolved cases

Office Action

§102 §103
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 . Response to Arguments Applicant’s arguments, see Page 10, filed April 21, 2026, with respect to claim objections have been fully considered and are persuasive, except for the objection of claim 8, which appears to not have been addressed in the arguments and the claim was not amended to overcome the objection, therefore the objection is upheld. The remaining claim objections have been withdrawn. Applicant's arguments, see Pages 10-12, filed April 21, 2026, regarding prior art rejections have been fully considered but they are not persuasive. In regards to the arguments concerning Thiriet not disclosing of “first and second engines that have an active mode of operation having a first power level and a standby mode of operation having a second power level wherein the first power level is greater than the second power level”, "a first engine profile responsive to the detection of the first exit condition having the first priority level for the second engine in the standby mode of operation to increase the second engine from the second power level to the first power level", and "a second engine power profile responsive to a determination that the second priority level is greater than the first priority level to increase the second engine from the second power level to the first power level”, the examiner respectfully disagrees. These claim limitations are fully disclosed within Thiriet, where it is taught that the active mode has a first power level greater than a standby mode with a second power level in at least Para 0011-0016 where “The applicants have thus proposed the following five standby modes: [0012] a standby mode known as normal idling, in which the combustion chamber is ignited and the shaft of the gas generator rotates at a speed of between 60 and 80% of the nominal speed, [0013] a standby mode known as normal super-idling, in which the combustion chamber is ignited and the shaft of the gas generator rotates at a speed of between 20 and 60% of the nominal speed, [0014] a standby mode known as assisted super-idling, in which the combustion chamber is ignited and the shaft of the gas generator rotates, in a mechanically assisted manner, at a speed of between 20 and 60% of the nominal speed, [0015] a standby mode known as banking, in which the combustion chamber is extinguished and the shaft of the gas generator rotates, in a mechanically assisted manner, at a speed of between 5 and 20% of the nominal speed; [0016] a standby mode known as stopping, in which the combustion chamber is extinguished and the engine shaft is completely stopped.” It is noted that there are multiple modes that could be interpreted as a standby mode, such as the stopping mode is a standby mode where the engine is stopped, while a normal idling involves the engine running at 60-80% speed and is therefore active and has a higher power level. Additionally/alternatively, the idling mode could be interpreted as a standby mode which has the engine running at 60-80% speed , while the nominal mode is the active mode, where the engine is operated at 80-105% (see at least Para 0039), which is a higher power level. It is noted that other modes are also taught within Thiriet and could instead be reasonably interpreted as the standby and active modes. It is further noted that each of the modes have different priority levels, as recited in Para 0050 where “In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode.” Therefore the mode is selected based on the selected mode that has the highest priority out of the priority list. Each of these options have different engine profiles, therefore based on the mode that is determined, a transition to a different engine profile can be determine based on its ranking in the priority list. For example the stopping mode or a normal idling mode code be reasonably interpreted as a standby mode, and then a first engine power profile could be initiated based on a request to go to a normal standby leaving mode (See Para 0101 and 0113), where this mode has a higher priority than the stopping mode or the normal idling mode and therefore is active and has a higher power level with the goal of reaching the nominal operating mode. A second engine power profile that has a second priority level higher than the first level can be interpreted as being the urgent standby leaving mode, as this has a higher priority than the previous modes and it has a different power profile than the normal standby leaving mode because it brings the engine to a nominal speed within 10 seconds (See Para 0100), rather than the 10 second to 1 minute range of the normal standby leaving mode (See Para 0101). Therefore the claim limitations are fully disclosed and the rejection is upheld. Information Disclosure Statement The information disclosure statement (IDS) submitted on February 27, 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 8-13 are objected to because of the following informalities: In regards to claim 8, the claim introduces “an engine” after introducing “a first engine” and “a second engine”, making it unclear what engine is being referred to. The claim has been interpreted as referring to -- the second engine--, which is consistent with the other claims. In regards to claims 9-13, the claims are dependent upon a objected claim and are therefore objected to. Appropriate correction is required. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-4, 7-10, 13-17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thiriet et al. (US 20160311548; hereinafter Thiriet; already of record). In regards to claim 1, Thiriet discloses of a system (“The invention relates to a method for automatically controlling an operating mode of a turboshaft engine of a helicopter, comprising a step (10) of receiving data (27, 28, 29) that are representative of the flight of the helicopter; a step (11) of selecting the turboshaft engine for which a change of mode would be most relevant; a step (12) of determining an operating mode of said turboshaft engine, known as the selected mode, selected from a plurality of predetermined operating modes; and a step (14) of ordering the operating mode of said turboshaft engine into said selected mode. The invention also relates to a corresponding control device.” (Abstract)) comprising: a first engine configured to have an active mode of operation having a first power level and a standby mode of operation having a second power level, wherein the first power level is greater than the second power level (“According to this advantageous variant, the method determines, from all the turboshaft engines of the helicopter, that engine which could possibly be put into a more favourable mode, in particular standby mode. This selection can be determined, for example, on the basis of the wear of each turboshaft engine, the most worn turboshaft engine then being selected to be put into standby mode if the data that are representative of the flight of the helicopter permit this. This selection can also consist in selecting each turboshaft engine alternately, such that, during the first possible standby a first turboshaft engine is selected during the selection step, and during the second possible standby a second turboshaft engine is selected during the selection step, and so on.” (Para 0067), “A method according to the invention thus makes it possible to order the transition of the turboshaft engine into at least one operating mode selected from a plurality of standby modes, an urgent standby-leaving mode, a normal standby-leaving mode, and a nominal operating mode.” (Para 0040), “The applicants have thus proposed the following five standby modes: a standby mode known as normal idling, in which the combustion chamber is ignited and the shaft of the gas generator rotates at a speed of between 60 and 80% of the nominal speed, a standby mode known as normal super-idling, in which the combustion chamber is ignited and the shaft of the gas generator rotates at a speed of between 20 and 60% of the nominal speed, a standby mode known as assisted super-idling, in which the combustion chamber is ignited and the shaft of the gas generator rotates, in a mechanically assisted manner, at a speed of between 20 and 60% of the nominal speed, a standby mode known as banking, in which the combustion chamber is extinguished and the shaft of the gas generator rotates, in a mechanically assisted manner, at a speed of between 5 and 20% of the nominal speed; a standby mode known as stopping, in which the combustion chamber is extinguished and the engine shaft is completely stopped.” (Para 0011-0016), These claim limitations are fully disclosed within Thiriet, where it is taught that the active mode has a first power level greater than a standby mode with a second power level in at least Para 0011-0016 where “The applicants have thus proposed the following five standby modes: [0012] a standby mode known as normal idling, in which the combustion chamber is ignited and the shaft of the gas generator rotates at a speed of between 60 and 80% of the nominal speed, [0013] a standby mode known as normal super-idling, in which the combustion chamber is ignited and the shaft of the gas generator rotates at a speed of between 20 and 60% of the nominal speed, [0014] a standby mode known as assisted super-idling, in which the combustion chamber is ignited and the shaft of the gas generator rotates, in a mechanically assisted manner, at a speed of between 20 and 60% of the nominal speed, [0015] a standby mode known as banking, in which the combustion chamber is extinguished and the shaft of the gas generator rotates, in a mechanically assisted manner, at a speed of between 5 and 20% of the nominal speed; [0016] a standby mode known as stopping, in which the combustion chamber is extinguished and the engine shaft is completely stopped.” It is noted that there are multiple modes that could be interpreted as a standby mode, such as the stopping mode is a standby mode where the engine is stopped, while a normal idling involves the engine running at 60-80% speed and is therefore active and has a higher power level. Additionally/alternatively, the idling mode could be interpreted as a standby mode which has the engine running at 60-80% speed , while the nominal mode is the active mode, where the engine is operated at 80-105% (see at least Para 0039), which is a higher power level. It is noted that other modes are also taught within Thiriet and could instead be reasonably interpreted as the standby and active modes); a second engine configured to have the active mode of operation having the first power level and the standby mode of operation having the second power level (“According to this advantageous variant, the method determines, from all the turboshaft engines of the helicopter, that engine which could possibly be put into a more favourable mode, in particular standby mode. This selection can be determined, for example, on the basis of the wear of each turboshaft engine, the most worn turboshaft engine then being selected to be put into standby mode if the data that are representative of the flight of the helicopter permit this. This selection can also consist in selecting each turboshaft engine alternately, such that, during the first possible standby a first turboshaft engine is selected during the selection step, and during the second possible standby a second turboshaft engine is selected during the selection step, and so on.” (Para 0067), “A method according to the invention thus makes it possible to order the transition of the turboshaft engine into at least one operating mode selected from a plurality of standby modes, an urgent standby-leaving mode, a normal standby-leaving mode, and a nominal operating mode.” (Para 0040));; a controller (“The control device comprises a module 20 for receiving data that are representative of the flight of the helicopter, a module 21 for selecting the turboshaft engine for which a change of mode would be most relevant, a module 22 for allocating a designated operating mode to each item of data received by said reception module 20, a module 23 for determining a selected operating mode selected from the plurality of designated operating modes, and a module 24 for ordering the operating mode of the turboshaft engine into the selected mode.” (Para 0113)) configured to: detect a first exit condition having a first priority level for the second engine in the standby mode of operation having the second power level; (“In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050), “The mode having the next highest priority is the normal standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of between 10 seconds and 1 minute following an order to leave standby mode. This mode is denoted as mode 6 in FIG. 2.” (Para 0101)); implement a first engine power profile responsive to the detection of the first exit condition having the first priority level for the second engine in the standby mode of operation having the second power level to increase the second engine from the second power level to the first power level; (“In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050), “The mode having the next highest priority is the normal standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of between 10 seconds and 1 minute following an order to leave standby mode. This mode is denoted as mode 6 in FIG. 2.” (Para 0101), “The control device comprises a module 20 for receiving data that are representative of the flight of the helicopter, a module 21 for selecting the turboshaft engine for which a change of mode would be most relevant, a module 22 for allocating a designated operating mode to each item of data received by said reception module 20, a module 23 for determining a selected operating mode selected from the plurality of designated operating modes, and a module 24 for ordering the operating mode of the turboshaft engine into the selected mode.” (Para 0113)); detect a second exit condition having a second priority level for the second engine during implementation of the first engine power profile (“In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050), “The mode having the next highest priority is the urgent standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of less than 10 seconds following an order to leave standby mode. This mode is denoted as mode 7 in FIG. 2.” (Para 0100); determine when the second priority level is greater than the first priority level (“In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050), “The mode having the next highest priority is the urgent standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of less than 10 seconds following an order to leave standby mode. This mode is denoted as mode 7 in FIG. 2.” (Para 0100), see Para 0097-0101); maintain the first engine power profile responsive to a determination that the second priority level is not greater than the first priority level (“In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050), “The mode having the next highest priority is the urgent standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of less than 10 seconds following an order to leave standby mode. This mode is denoted as mode 7 in FIG. 2.” (Para 0100), and “The step 13 of determining the selected mode selects, from all of the designated modes, the mode that has the highest priority. In other words, and in the case of the example, the determination step 13 selects the mode having the highest priority from the set formed of the normal super-idling mode, the banking mode, the normal idling mode and the normal standby-leaving mode.” (Para 0108); see also Para 0097-0101; wherein the mode that has a higher priority will be maintained); and implement a second engine power profile responsive to a determination that the second priority level is greater than the first priority level to increase the second engine from the second power level to the first power level (“In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050), “The mode having the next highest priority is the urgent standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of less than 10 seconds following an order to leave standby mode. This mode is denoted as mode 7 in FIG. 2.” (Para 0100), and “The step 13 of determining the selected mode selects, from all of the designated modes, the mode that has the highest priority. In other words, and in the case of the example, the determination step 13 selects the mode having the highest priority from the set formed of the normal super-idling mode, the banking mode, the normal idling mode and the normal standby-leaving mode.” (Para 0108) see Para also 0097-0101; wherein the mode that has a higher priority will be maintained; It is further noted that each of the modes have different priority levels, as recited in Para 0050 where “In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode.” Therefore the mode is selected based on the selected mode that has the highest priority out of the priority list. Each of these options have different engine profiles, therefore based on the mode that is determined, a transition to a different engine profile can be determine based on its ranking in the priority list. For example the stopping mode or a normal idling mode code be reasonably interpreted as a standby mode, and then a first engine power profile could be initiated based on a request to go to a normal standby leaving mode (See Para 0101 and 0113), where this mode has a higher priority than the stopping mode or the normal idling mode and therefore is active and has a higher power level with the goal of reaching the nominal operating mode. A second engine power profile that has a second priority level higher than the first level can be interpreted as being the urgent standby leaving mode, as this has a higher priority than the previous modes and it has a different power profile than the normal standby leaving mode because it brings the engine to a nominal speed within 10 seconds (See Para 0100), rather than the 10 second to 1 minute range of the normal standby leaving mode (See Para 0101)). In regards to claim 2, Thiriet discloses of the system of Claim 1, wherein the controller is further configured to: detect a third exit condition having a third priority level for the second engine (“The mode having the highest priority is the nominal operating mode, in which the combustion chamber is ignited and the shaft of the gas generator is driven at between 80 and 105%. This mode is denoted as mode 8 in FIG. 2.” (Para 0099), “In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050)); determine when the third priority level is greater than the second priority level (“The mode having the highest priority is the nominal operating mode, in which the combustion chamber is ignited and the shaft of the gas generator is driven at between 80 and 105%. This mode is denoted as mode 8 in FIG. 2.” (Para 0099), “In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050)); maintain the second engine power profile responsive to a determination that the third priority level is not greater than the second priority level (“In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050), (“The mode having the highest priority is the nominal operating mode, in which the combustion chamber is ignited and the shaft of the gas generator is driven at between 80 and 105%. This mode is denoted as mode 8 in FIG. 2.” (Para 0099), “In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050), and “The step 13 of determining the selected mode selects, from all of the designated modes, the mode that has the highest priority. In other words, and in the case of the example, the determination step 13 selects the mode having the highest priority from the set formed of the normal super-idling mode, the banking mode, the normal idling mode and the normal standby-leaving mode.” (Para 0108) see Para also 0097-0101; wherein the mode that has a higher priority will be maintained); and implement a third engine power profile responsive to a determination that the third priority level is greater than the second priority level to increase the second engine from the second power level to the first power level (“In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050), (“The mode having the highest priority is the nominal operating mode, in which the combustion chamber is ignited and the shaft of the gas generator is driven at between 80 and 105%. This mode is denoted as mode 8 in FIG. 2.” (Para 0099), “In other words, the step of determining said selected mode consists in selecting the mode from all of said designated modes provided by said allocation step, according to the following order of priority: nominal operating mode, urgent standby-leaving mode, normal standby-leaving mode, normal idling mode, normal super-idling mode, assisted super-idling mode, banking mode, and stopping mode. (Para 0050), and “The step 13 of determining the selected mode selects, from all of the designated modes, the mode that has the highest priority. In other words, and in the case of the example, the determination step 13 selects the mode having the highest priority from the set formed of the normal super-idling mode, the banking mode, the normal idling mode and the normal standby-leaving mode.” (Para 0108) see Para also 0097-0101; wherein the mode that has a higher priority will be maintained). In regards to claim 3, Thiriet discloses of the system of Claim 1, wherein the controller is further configured to: determine when the first exit condition requires a slow exit power profile (“The mode having the next highest priority is the urgent standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of less than 10 seconds following an order to leave standby mode. This mode is denoted as mode 7 in FIG. 2. The mode having the next highest priority is the normal standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of between 10 seconds and 1 minute following an order to leave standby mode. This mode is denoted as mode 6 in FIG. 2.” (Para 0100-0101)); and inhibit implementation of the second engine power profile responsive to a determination that the first exit condition requires the slow exit power profile to slow increase of the second engine from the second power level to the first power level. (“The mode having the next highest priority is the urgent standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of less than 10 seconds following an order to leave standby mode. This mode is denoted as mode 7 in FIG. 2. The mode having the next highest priority is the normal standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of between 10 seconds and 1 minute following an order to leave standby mode. This mode is denoted as mode 6 in FIG. 2.” (Para 0100-0101); wherein the normal standby-mode is selected indicating a slow exit power profile). In regards to claim 4, Thiriet discloses of the system of Claim 1, wherein the controller is further configured to: determine when the first exit condition requires a slow exit power profile (“The mode having the next highest priority is the urgent standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of less than 10 seconds following an order to leave standby mode. This mode is denoted as mode 7 in FIG. 2. The mode having the next highest priority is the normal standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of between 10 seconds and 1 minute following an order to leave standby mode. This mode is denoted as mode 6 in FIG. 2.” (Para 0100-0101)); and maintain the first engine power profile without a warm-up phase responsive to a determination that the first exit condition requires the slow exit power profile to slow increase of the second engine from the second power level to the first power level (“The mode having the next highest priority is the urgent standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of less than 10 seconds following an order to leave standby mode. This mode is denoted as mode 7 in FIG. 2. The mode having the next highest priority is the normal standby-leaving mode, in which the combustion chamber must be ignited if it is not already, and the shaft of the gas generator is brought to the nominal speed within a period of between 10 seconds and 1 minute following an order to leave standby mode. This mode is denoted as mode 6 in FIG. 2.” (Para 0100-0101); wherein the urgent standby-leaving mode is selected indicating that the power profile is desired without the warm-up phase). In regards to claim 7, Thiriet discloses of the system of Claim 1, wherein when implementing the second engine power profile the controller is further configured to blend the first engine power profile with the second engine power profile to increase the second engine from the second power level to the first power level (“A method according to the invention therefore makes it possible to automatically select an operating mode of a turboshaft engine of a helicopter from a plurality of predetermined modes. The selection of the mode depends on the data that are representative of the flight of the helicopter. Thus, a control method according to the invention makes it possible to adapt the engine speed to the progression of the data that are representative of the flight of the helicopter. A method according to the invention thus makes it possible to transition from one operating mode to another more favourable (or less favourable) one if this is permitted or required by the data that are representative of the flight.” (Para 0025), “A method according to the invention thus makes it possible to order the transition of the turboshaft engine into at least one operating mode selected from a plurality of standby modes, an urgent standby-leaving mode, a normal standby-leaving mode, and a nominal operating mode.” (Para 0040); wherein when a mode transitions then the first and second engine power profiles will include aspects of each, therefore the profiles are blended). In regards to claim 8, the claim recites analogous subject matter to claim 1 and is rejected on the same premise, but further teaches a first connection configured to connect to a first engine (“Once the selected mode has been determined by the determination module 23, the control module 24 sends the order to change modes to the electronic regulator of the selected turboshaft engine, i.e. either the electronic regulator 31 of the turboshaft engine that controls the gas turbine 33 of the turboshaft engine, or the electronic regulator 32 of the turboshaft engine that controls the gas turbine 34 of the turboshaft engine. The electronic regulators 31 and 32 are also suitable for operating the non-propulsive parts 36 and 37 of the gas turbines 33 and 34.” (Para 0115), see also Fig 3 Parts 33); a second connection configured to connect to a second engine (“Once the selected mode has been determined by the determination module 23, the control module 24 sends the order to change modes to the electronic regulator of the selected turboshaft engine, i.e. either the electronic regulator 31 of the turboshaft engine that controls the gas turbine 33 of the turboshaft engine, or the electronic regulator 32 of the turboshaft engine that controls the gas turbine 34 of the turboshaft engine. The electronic regulators 31 and 32 are also suitable for operating the non-propulsive parts 36 and 37 of the gas turbines 33 and 34.” (Para 0115), see also Fig 3 Parts 33); a controller coupled to the first connection and the second connection (“Once the selected mode has been determined by the determination module 23, the control module 24 sends the order to change modes to the electronic regulator of the selected turboshaft engine, i.e. either the electronic regulator 31 of the turboshaft engine that controls the gas turbine 33 of the turboshaft engine, or the electronic regulator 32 of the turboshaft engine that controls the gas turbine 34 of the turboshaft engine. The electronic regulators 31 and 32 are also suitable for operating the non-propulsive parts 36 and 37 of the gas turbines 33 and 34.” (Para 0115), “The control device comprises a module 20 for receiving data that are representative of the flight of the helicopter, a module 21 for selecting the turboshaft engine for which a change of mode would be most relevant, a module 22 for allocating a designated operating mode to each item of data received by said reception module 20, a module 23 for determining a selected operating mode selected from the plurality of designated operating modes, and a module 24 for ordering the operating mode of the turboshaft engine into the selected mode.” (Para 0113), see also Fig 3 Parts 33). In regards to claims 9-10 and 13-14, the claims recite analogous limitations to claims 3-4 and 7-8, respectively, and are therefore rejected on the same premise. In regards to claims 15-17 and 20, the claims recite analogous limitations to claims 2-4 and 7, respectively, and are therefore rejected on the same premise. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 5-6, 11-12, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thiriet in view of Beauchesne-Martel (US 20230080365; hereinafter Beauchesne-Martel; already of record). In regards to claim 5, Thiriet discloses of the system of Claim 1. However, Thiriet does not specifically disclose of wherein the controller is configured to maintain the first power engine profile implementation to prevent adverse behavior for the second engine. Beauchesne-Martel, in the same field of endeavor, teaches of wherein the controller is configured to maintain the first engine power profile implementation to prevent adverse behavior for the second engine (“As will be discussed further below, it is therefore proposed herein to use the controller 210, and more particularly the AOR system 202, to provide two distinct modes of operation (also referred to herein as “exit modes”) for transitioning a standby engine from low/no power operation to high(er) power operation and therefore exit the AOR. The two modes of operation are an emergency exit mode and a non-emergency (or “normal”) exit mode. In the emergency exit mode, the AOR system 202 is configured to cause a rapid increase in engine power of both the standby engine and the active engine. In the non-emergency exit mode, the power output of the standby engine is increased at a slower pace, over one or more transitional phases (referred to herein as “warm-up” phases or periods), such as to limit thermal gradients and extend hardware life.” (Para 0047); additionally it is noted that “to prevent adverse behavior for the second engine” is an intended use and has limited patentable weight). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first engine power profile implementation, as taught by Thiriet, to include preventing adverse behavior for the engine, as taught by Beauchesne-Martel, with a reasonable expectation of success in order to limit thermal gradients and extend hardware life (Beauchesne-Martel Para 0047). In regards to claim 6, Thiriet discloses of the system of Claim 1. However, Thiriet does not specifically disclose of wherein when implementing the second engine power profile the controller is further configured to implement the second engine power profile with a rate limiter to smooth engine power increases from the second power level to the first power level. Beauchesne-Martel, in the same field of endeavor, teaches of wherein when implementing the second engine power profile the controller is further configured to implement the second engine power profile with a rate limiter to smooth engine power increases from the second power level to the first power level (“At time T.sub.E3 (i.e. a duration of D.sub.1 seconds after T.sub.E1), the rotational speed of the standby engine reaches the re-clutching speed, causing the standby engine to re-clutch to the aircraft’s main gearbox. In one embodiment, the duration D.sub.1 is between one (1) and five (5) seconds. With the standby engine re-coupled, the output power of the standby engine is increased, at a maximum permissible rate, from 0% of take-off power towards a target power level P.sub.2. The target power level is determined based on the current power demand of the aircraft. The output power of the active engine is also decreased at time T.sub.E3, by an amount commensurate with the amount by which the output power of the standby engine has been increased. In one embodiment, the target power level is set in order to equalize the output power delivered to the aircraft between the active and the standby engine, thereby achieving torque-matching. For example, if the current power demand is 140% of take-off power, the output powers of the active and the standby engine are adjusted such that each engine is operating at 70% of the demand (i.e. the power output of each engine is adjusted to the target power level P.sub.2 of 70% of take-off power). At time T.sub.E4 (i.e. a duration of D.sub.2 seconds after T.sub.E4), the output power of both the standby engine and the active engine reaches the target power level P.sub.2 and operation of the aircraft stabilizes.” (Para 0070), see also Para 0069 and Fig 6, where D2 shows a smooth rate increase of engine output power). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second engine profile implementation, as taught by Thiriet, to include a rate limiter to smooth engine power increases, as taught by Beauchesne-Martel, with a reasonable expectation of success in order to allow a power increase that doesn’t exceed a maximum permissible rate to achieve torque matching (Beauchesne-Martel Para 0070). In regards to claims 11-12 and 18-19, the claims recite analogous limitations to claims 5-6 and 5-6, respectively, and are therefore rejected on the same premise. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Kyle J Kingsland whose telephone number is (571)272-3268. The examiner can normally be reached Monday-Friday from 8:00-4:30. 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, Abby Flynn can be reached at (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KYLE J KINGSLAND/Primary Examiner, Art Unit 3663
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Prosecution Timeline

Jul 22, 2024
Application Filed
Jan 22, 2026
Non-Final Rejection mailed — §102, §103
Apr 21, 2026
Response Filed
May 18, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
86%
With Interview (+7.4%)
2y 9m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 234 resolved cases by this examiner. Grant probability derived from career allowance rate.

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