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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/7/2026 has been entered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a gas turbine control device” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 1-10 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, line14; claim 9, line 14; claim 10, line 15 recites “when a load is connected during activation of the gas turbine” which is considered new matter because Paragraph 0008, 0009 of the instant application states that the load is connected after activation. As a note, Figure 16 of the instant application shows the load being added during activation mode.
Claims dependent thereon are rejected for the same reasons.
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.
Claim(s) 1, 4-6, 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Endo et al (US 20180299131 as referenced in OA dated 5/21/2025) in view of Moroto et al (US 20180298830)
Regarding claim 1, Endo discloses a gas turbine control device (Figure 5) for controlling a gas turbine (Figure 1; 10) in which a combustor (Figure 1; 31) is configured in a form in which a plurality of fuel supply nozzles (Figure 4; MA and MB) for supplying fuel are divided into a first group (Figure 4; MB) and a second group (Figure 4; MA), the gas turbine control device comprising:
a base index calculation unit (Figure 9; 160) for calculating a base index (Figure 9; KMB01) of a control parameter regarding a ratio of a fuel supply amount by the second group to a fuel supply amount by the first group (Paragraph 0090), based on an operating state of the gas turbine (The operating state of the gas turbine engine when Figure 9; KMB01 is calculated);
a correction value calculation unit (Figure 9; 170) for calculating a correction value (Figure 9; KMBc) for correcting the base index, based on the operating state of the gas turbine; and
a fuel control unit (Figure 9; 180) for controlling each of the fuel supply amounts by the first group and the second group, based on the control parameter obtained by correcting the base index using the correction value,
wherein the correction value calculation unit calculates a predetermined value whose absolute value (The absolute value of Figure 14; KMBc1 or KMBc2) is greater than zero based on the operating state as the correction value at the time when a load (Paragraph 0039, 0137, 0142-0144. The gas turbine output increasing is an added load) is added during activation of the gas turbine (Increasing the gas turbine output is an activation of the gas turbine), and calculates the correction value to decrease from the predetermined value to zero until a predetermined period (The time period for Figure 14; KMBc1 or KMBc2 to return to 0) elapses from a time (The beginning of the time period when the load changes) when the load is added.
Endo does not disclose wherein the load is connected.
However, Moroto teaches a load (The connecting of another electrical generator in Paragraph 0020) is connected to a gas turbine (Figure 1; 18, 28, 22).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Endo wherein the load is connected as taught by and suggested by Moroto because it has been held that applying a known technique, in this case Moroto’s connection of a generator according to the steps described immediately above, to a known device, in this case, Endo’s gas turbine, ready for improvement to yield predictable results, in this case to be able to powering an electrical generator, was an obvious extension of prior art teachings, KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1396; MPEP 2143(D) (The modification adds an electrical generator during the output change of Endo).
Regarding claim 4, Endo in view of Moroto teaches the invention as claimed.
Endo further discloses wherein the plurality of fuel supply nozzles include a plurality of main nozzles (Figure 4; MA, MB) that are disposed at intervals in a circumferential direction (The circumferential direction with respect to the circle formed by Figure 4; MA, MB) to supply fuel to a plurality of main burners (Figure 4; 53, 55 corresponding to MA and MB),
the plurality of main nozzles are divided into an A group (Figure 4; MB) and a B group (Figure 4; MA), and
the control parameter is KMB, which is a ratio of a fuel supply amount (Paragraph 0090) of the main nozzle of the B group selected as the second group to a fuel supply amount of the main nozzle of the A group selected as the first group.
Regarding claim 5, Endo in view of Moroto teaches the invention as claimed.
Endo further discloses wherein the correction value is calculated to increase the base index (Figure 5 shows KMBc being added to KMB01).
Regarding claim 6, Endo in view of Moroto teaches the invention as claimed.
Endo further discloses wherein the numbers of the main nozzles belonging to the first group and the second group are different from each other.
Regarding claim 9, Endo discloses a gas turbine control method for controlling a gas turbine (Figure 1; 10) in which a combustor (Figure 1; 31) is configured in a form in which a plurality of fuel supply nozzles (Figure 4; MA and MB) for supplying fuel are divided into a first group (Figure 4; MB) and a second group (Figure 4; MA), the gas turbine control method comprising:
a step of calculating a base index (Figure 9; KMB01) of a control parameter regarding a ratio of a fuel supply amount by the second group to a fuel supply amount by the first group (Paragraph 0090), based on an operating state of the gas turbine (The operating state of the gas turbine engine when Figure 9; KMB01 is calculated);
a step of calculating a correction value (Figure 9; KMBc) for correcting the base index, based on the operating state of the gas turbine; and
a step of controlling each of the fuel supply amounts by the first group and the second group, based on the control parameter obtained by correcting the base index using the correction value,
wherein, in the step of calculating the correction value, the correction value is calculated as a predetermined value whose absolute value (The absolute value of Figure 14; KMBc1 or KMBc2) is greater than zero based on the operating state at the time when a load (Paragraph 0039, 0137, 0142-0144. The gas turbine output increasing is an added load) is added during activation of the gas turbine (Increasing the gas turbine output is an activation of the gas turbine), and calculated to decrease from the predetermined value to zero (After the gas turbine output increases, then stays the same, the correction value decrease to zero. Paragraph 0039, 0137, 0142-0144) until a predetermined period (The time period for Figure 14; KMBc1 or KMBc2 to return to 0) elapses from a time (The beginning of the time period when the load changes) when the load is added.
Endo does not disclose wherein the load is connected.
However, Moroto teaches a load (The connecting of another electrical generator in Paragraph 0020) is connected to a gas turbine (Figure 1; 18, 28, 22).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Endo wherein the load is connected as taught by and suggested by Moroto because it has been held that applying a known technique, in this case Moroto’s connection of a generator according to the steps described immediately above, to a known device, in this case, Endo’s gas turbine, ready for improvement to yield predictable results, in this case to be able to powering an electrical generator, was an obvious extension of prior art teachings, KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1396; MPEP 2143(D) (The modification adds an electrical generator during the output change of Endo).
Regarding claim 10, Endo discloses a gas turbine control program (The program for Figure 5) for controlling a gas turbine (Figure 1; 10) in which a combustor (Figure 1; 31) is configured in a form in which a plurality of fuel supply nozzles (Figure 4; MA and MB)for supplying fuel are divided into a first group (Figure 4; MB) and a second group (Figure 4; MA), the gas turbine control program capable of being executed by using a computer, the gas turbine control program comprising:
a step of calculating a base index (Figure 9; KMB01) of a control parameter regarding a ratio of a fuel supply amount by the second group to a fuel supply amount by the first group (Paragraph 0090), based on an operating state of the gas turbine (The operating state of the gas turbine engine when Figure 9; KMB01 is calculated);
a step of calculating a correction value (Figure 9; KMBc) for for correcting the base index, based on the operating state of the gas turbine; and
a step of controlling each of the fuel supply amounts by the first group and the second group, based on the control parameter obtained by correcting the base index using the correction value,
wherein, in the step of calculating the correction value, the correction value is calculated as a predetermined value whose absolute value (The absolute value of Figure 14; KMBc1 or KMBc2) is greater than zero based on the operating state at the time when a load (Paragraph 0039, 0137, 0142-0144. The gas turbine output increasing is an added load) is added during activation of the gas turbine (Increasing the gas turbine output is an activation of the gas turbine), and calculated to decrease from the predetermined value to zero (After the gas turbine output increases, then stays the same, the correction value decrease to zero. Paragraph 0039, 0137, 0142-0144) until a predetermined period (The time period for Figure 14; KMBc1 or KMBc2 to return to 0) elapses from a time (The beginning of the time period when the load changes) when the load is added.
Endo does not disclose wherein the load is connected.
However, Moroto teaches a load (The connecting of another electrical generator in Paragraph 0020) is connected to a gas turbine (Figure 1; 18, 28, 22).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Endo wherein the load is connected as taught by and suggested by Moroto because it has been held that applying a known technique, in this case Moroto’s connection of a generator according to the steps described immediately above, to a known device, in this case, Endo’s gas turbine, ready for improvement to yield predictable results, in this case to be able to powering an electrical generator, was an obvious extension of prior art teachings, KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1396; MPEP 2143(D) (The modification adds an electrical generator during the output change of Endo).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Endo in view of Moroto as applied to claim 1 above, and further in view of Fujii et al (US 20070079593 as referenced in OA dated 5/21/2025).
Regarding claim 2, Endo in view of Moroto teaches the invention as claimed.
Endo in view of Moroto does not teach wherein the predetermined period is set based on a temperature-raising required time of the fuel and on a temperature of the gas turbine at a time of activating the gas turbine.
However, Fujii teaches wherein a predetermined period (The time it takes the ambient and fuel temperatures to meet their respective targets. Paragraph 0092, 0099) is set based on a temperature-raising required time of the fuel (Paragraph 0099) and on a temperature of the gas turbine (Paragraph 0092) at a time of activating the gas turbine (Paragraph 0077, 00149).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Endo in view of Moroto wherein the predetermined period is set based on a temperature-raising required time of the fuel and on a temperature of the gas turbine at a time of activating the gas turbine as taught by and suggested by Fujii in order to avoid overshooting the inlet temperature of the gas turbine (Paragraph 0007, The modification has corrections based on fuel and ambient temperatures)
Regarding claim 3, Endo in view of Moroto and Fujii teaches the invention as claimed.
Endo in view of Moroto does not teach wherein the correction value is calculated based on an intake air temperature of the gas turbine.
However, Fujii teaches wherein the correction value is calculated based on an intake air temperature of the gas turbine (The ambient temperature is an intake air temperature of the gas turbine).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Endo in view of Moroto wherein the correction value is calculated based on an intake air temperature of the gas turbine as taught by and suggested by Fujii in order to avoid overshooting the inlet temperature of the gas turbine (Paragraph 0007, This is the same modification as claim 2).
Allowable Subject Matter
Claim 7-8 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 9, 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN G KANG whose telephone number is (571)272-9814. The examiner can normally be reached Mon-Fri 8:00-5:00 PM EST.
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/EDWIN KANG/Primary Examiner, Art Unit 3741
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