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 .
Election/Restrictions
Applicant's election with traverse of Species D, encompassing Figures 14-23, in the reply filed on March 12, 2026, is acknowledged. The traversal is on the ground(s) that there is no "serious burden" on Examiner in examining all of the claims concurrently. This is not found persuasive because, while Applicant notes that all of the claims require the feature of an electric motor, Applicant did not invent electric motors at such a high level of abstraction. Indeed, electric motors in general have been well-known and conventionally used for many years. Instead, it is the specific location and configuration of the electric motors that distinguish the various embodiments from each other and, at least potentially, from the prior art. Such distinguishing features amount to the disclosure of separate and distinct species, as explained in the restriction. Furthermore, Examiner notes that the species have already been grouped into broad categories of similar, but distinguishable, embodiments in order to avoid piecemeal examination. See, for example, the ten separate embodiments that make up the elected Species D. On the other hand, piecemeal examination would have involved creating a separate species for each disclosed embodiment, amounting to almost two dozen species, and was therefore avoided.
The requirement is still deemed proper and is therefore made FINAL. Claims 10-20 are hereby examined hereinbelow. Claims 1-9 are withdrawn as being drawn to non-elected species, by virtue of the fact that claims 1-9 require an electric motor disposed between the propeller assembly and the reduction gearbox, which is not disclosed with the embodiments of Species D.
Information Disclosure Statement
The information disclosure statement filed on August 13, 2025, fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Specifically, FR 3087822 was not filed with an English translation and therefore has not been considered. Examiner specifically notes that, given the subject matter and complexity of the instant invention, the translated abstract alone is insufficient. It has been placed in the application file, but the information referred to therein has not been considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following features must be shown or the feature(s) canceled from the claim(s):
In claim 10, “a propeller assembly comprising a propeller” with regard to the elected embodiment of Species D.
In claim 10, “an electric motor disposed adjacent to the propeller assembly.”
In claim 10, “wherein the electric motor is coupled to the drive shaft.”
In claim 10, “wherein the electric motor comprises one or more rotor magnets positioned about a shroud encircling the drive shaft.” Specifically, the drawings do not appear to depict any sort of shroud about which the rotor magnets are positioned. Claim 14 is likewise objected to.
In claim 15, “wherein the second electric motor comprises a compressive sleeve configured to hold the second one or more rotor magnets in position about the second shroud.”
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “propeller” and “propeller assembly” with respect to elected Species D.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 10-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 10 recites “a propeller assembly comprising a propeller” which is indefinite because, with regard to the elected Species D depicted in Figures 14-23, it is unclear whether, and to what extent, Applicant considers the fan stage 102 (as shown in, e.g., Figure 17) to be a propeller. Propellers are generally understand as providing thrust in a direct manner, i.e., by pushing air behind them so as to directly create thrust. In Applicant’s invention, the fan stage 102 appears to be a common fan stage for a gas turbine engine that is used to intake air for combustion purposes. A POSITA would understand that the fan stage, and its associated fan blades, are not responsible for directly creating thrust as a propeller would, and so would not call the fan stage a propeller. Therefore Applicant’s naming conventions and terminology fly in the face of industry practice as well as Applicant’s other disclosed embodiments (see, e.g., para. [0030] regarding the embodiment shown in Figure 1, which depicts a propeller). Claim 17 is likewise rejected, and dependent claims 11-16 and 18-20 fail to cure the deficiency.
Claim 10 recites “an electric motor disposed adjacent to the propeller assembly” which is indefinite, because it appears to either not be disclosed by Applicant or else misconstruing or misusing the word “adjacent.” For example, Figures 16-19 depict an embodiment of the invention where the drive shaft conceivably “generates rotation of propeller.” However, in none of these figures would one say that the electric motor, as situated on the low pressure compressor, is “adjacent” to the propeller. On the contrary, all of said embodiments have other structural elements between them in addition to a large gap. Therefore, it is unclear what Applicant means by “adjacent” in this case. Compare to the prior art of Rago detailed hereinbelow, which reads on the claim better than Applicant’s own invention. The subsequent recitation of “wherein the electric motor is coupled to the drive shaft” is likewise rejected. Dependent claims 11-16 and 18-20 fail to cure the deficiency.
Claim 17 recites “generating rotation of a propeller via a drive shaft; and imparting torque to the drive shaft via an electric motor to at least partially rotate the drive shaft” which is indefinite, because it appears to recite the steps in the wrong order. The steps in a method claim are generally performed sequentially in the order recited, unless otherwise noted. However, in this case rotation of the propeller is being generated by the drive shaft before torque is imparted to the drive shaft. The order of the steps should be reversed in order to make sense and be consistent with Applicant’s disclosure. Dependent claims 18-20 fail to cure the deficiency.
Claim Rejections - 35 USC § 102
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 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rago et al. (US 2004/0255590 A1), hereinafter Rago.
Regarding claim 10, Rago discloses a system, comprising:
a propeller assembly comprising a propeller (propeller 113; fig. 2 below);
a drive shaft (propeller shaft 123; fig. 2) coupled to the propeller assembly (as shown in fig. 2), wherein the drive shaft when in operation generates rotation of the propeller (para. [0038], regarding a propeller 113 is provided at the front end of the engine 110 and is coupled to the differential gearing system 20 by a propeller shaft 123, which is operatively mounted within the engine 110 and which is rotatable about the longitudinal central axis 112; fig. 2); and
an electric motor (second machine 70; fig. 2) disposed adjacent to the propeller assembly (as shown in fig. 2), wherein the electric motor is coupled to the drive shaft (para. [0039], regarding the permanent magnet rotor 72 of machine 70 is mounted on the propeller shaft 123 and is rotatable together with same; fig. 2), wherein the electric motor when in operation imparts torque to at least partially rotate the drive shaft (as shown in fig. 2, see again para. [0039]), wherein the electric motor comprises one or more rotor magnets positioned about a shroud encircling the drive shaft (permanent magnet rotor 72; para. [0039], regarding the permanent magnet rotor 72 of machine 70 is mounted on the propeller shaft 123 and is rotatable together with same; fig. 2) and a stator with a gap between the one or more rotor magnets and the stator (cylindrical stator 74; para. [0039], regarding the cylindrical rotor 74 of machine 70 is secured to a stationary structure of the engine 110, and the electrical windings thereof are electrically connected to the controller 129; fig. 2).
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Regarding claim 11, Rago discloses the invention in claim 10, and further discloses the invention comprising a turbine (turbine 119; fig. 2) coupled to the drive shaft (via turbine rotating shaft 118; fig. 2), wherein the turbine when in operation imparts torque to at least partially rotate the drive shaft in conjunction with the electric motor (para. [0041], regarding the turbine power is then distributed by the differential gearing system 20 to the compressor 116, and to the propeller 113 which produces the entire amount of thrust required to fly the aircraft; fig. 2).
Regarding claim 12, Rago discloses the invention in claim 10, and further discloses wherein the electric motor (70) when in operation imparts torque to solely rotate the drive shaft to provide electric operation of the propeller (para. [0040], regarding in operation the machines 64 and 70, can either or both be used as electrical starters to electrically start the engine 110).
Regarding claim 13, Rago discloses the invention in claim 10, and further discloses the invention further comprising a controller coupled to the electric motor (controller 129; fig. 2), wherein the controller when in operation controls an amount of power transmitted to the electric motor (see again para. [0039]).
Regarding claim 14, Rago discloses the invention in claim 10, and further discloses the invention further comprising a second electric motor (64; fig. 2) comprising second one or more rotor magnets positioned about a second shroud encircling the drive shaft and a second stator with a second gap between the second one or more rotor magnets and the second stator (as shown in fig. 2).
Regarding claim 15, Rago discloses the invention in claim 14, and further discloses wherein the second electric motor (64) comprises a compressive sleeve configured to hold the second one or more rotor magnets in position about the second shroud (Examiner notes that the outer surface of the permanent magnetic rotor 66 inherently acts as a compressive sleeve to keep the magnets in position, as shown in fig. 2; see also related drawing objection detailed hereinabove).
Regarding claim 16, Rago discloses the invention in claim 10, and further discloses wherein the electric motor (70) comprises a compressive sleeve configured to hold the one or more rotor magnets in position about the shroud (Examiner notes that the outer surface of the permanent magnetic rotor 72 inherently acts as a compressive sleeve to keep the magnets in position, as shown in fig. 2; see also related drawing objection detailed hereinabove).
Regarding claim 17, Rago discloses a method, comprising:
generating rotation of a propeller (113) via a drive shaft (see again paras. [0041-0042]); and
imparting torque to the drive shaft (123) via an electric motor (64, 70) to at least partially rotate the drive shaft (see again para. [0042]), wherein the electric motor comprises one or more rotor magnets (72) positioned about a shroud encircling the drive shaft (as shown in fig. 2) and a stator (74) with a gap between the one or more rotor magnets and the stator (as shown in fig. 2).
Regarding claim 18, Rago discloses the invention in claim 17, and further discloses the invention further comprising imparting additional torque to the drive shaft via a turbine (119) to rotate the drive shaft in conjunction with the electric motor (see again paras. [0040] and [0042]).
Regarding claim 17, Rago discloses the invention in claim 17, and further discloses the invention further comprising imparting torque to the drive shaft via the electric motor to solely rotate the drive shaft to provide electric operation of the propeller (see again para. [0040]).
Regarding claim 20, Rago discloses the invention in claim 17, and further discloses the invention further comprising holding the one or more rotor magnets in position about the shroud (as shown in fig. 2).
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY W FRAZIER whose telephone number is (469)295-9263. The examiner can normally be reached Monday-Friday 9:00am-5:00pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kelleher can be reached at 571-272-7753. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADY W FRAZIER/ Primary Examiner, Art Unit 3648
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