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 .
Status
This Final Office Action is in response to the amendment/request for reconsideration dated 13 July 2026 (hereinafter “Reply”).
Claim(s) 7 are canceled.
Claim(s) 21 are new.
Claim(s) 1-6, 8-21 is/are pending.
Response to Amendment
The rejection of claim(s) 14-20 under 35 U.S.C. 112(d) is/are withdrawn after consideration of the submitted amendment(s).
Response to Arguments
Regarding the rejection of claim(s) 1, 3, 6-9, 14-19 under 35 U.S.C. 102(a)(1) as being anticipated by Miller, the applicant(s) submit the following remark(s)/argument(s):
(A) At page 9 of the submitted Reply:
The cited art fails to disclose the following feature(s) of claim 1: one or more fan speed sensors that sense a fan speed of the fan…being positioned to sense an aft side of the fan disk. Specifically, Miller discloses that the fan blades (40) are attached at a base to a fan disk (42), however Miller only discloses a speed sensor (78) positioned on the LP shaft or in the fan generally.
In reply, the Office respectfully considers this argument not persuasive because beyond the written disclosure of a speed sensor (78) positioned on the LP shaft or in the fan, Miller discloses in Fig. 1 that the speed sensor (78) is positioned aft of the fan within the rotating hub (48). Further, Miller discloses at paragraph 0025 that the fan disk (42) is covered by the rotatable hub (48). Thus, in light of the written description and the location of the speed sensor (78) shown in Fig. 1 positioned downstream of the fan, within the rotatable hub that covers the fan disk, the speed sensor (78) of Miller will sense an aft side of the fan disk as claimed.
Rejection(s) of claim(s) dependent on claim 1, is/are likewise maintained.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 6-9, 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2017/0145956 to Miller et al. (hereinafter “MILLER”).
(A) Regarding Claim 1:
MILLER discloses:
A turbine engine (Fig. 1) comprising:
a fan section, a compressor section, and a turbine section in a serial flow relationship, the fan section comprising a fan (14) including a fan rotor (38) assembly having a plurality of fan blades (40) coupled to a fan disk (42, see para. 0024);
a fan frame that supports the fan (not shown, but considered inherent due to presence of the fan section 14 that requires some support by a stabilizing, static, structure); and
a fan speed sensor system comprising one or more fan speed sensors (78, 80) that sense a fan speed of the fan (see para. 0028: rotational speed of the fan), the one or more fan speed sensors being positioned to sense an aft side of the fan disk (see para. 0028: on the LP shaft or in the fan and para. 0024: the disk 42 is covered by hub 48).
NOTE ON PRIOR ART INTERPRETATION:
Miller discloses in Fig. 1 that the speed sensor (78) is positioned aft of the fan within the rotating hub (48). Further, Miller discloses at paragraph 0025 that the fan disk (42) is covered by the rotatable hub (48). Thus, in light of the written description and the location of the speed sensor (78) shown in Fig. 1 positioned downstream of the fan, within the rotatable hub that covers the fan disk, the speed sensor (78) of Miller will sense an aft side of the fan disk as claimed.
(B) Regarding Claim 3:
MILLER further discloses:
the fan includes a fan shaft coupled to the fan disk (Fig. 1), and the one or more fan speed sensors (78) are positioned to sense the fan shaft (see para. 0028: LP shaft).
(C) Regarding Claim 6:
MILLER further discloses:
the fan speed sensor system further includes a controller that determines the fan speed from the one or more fan speed sensors (para. 0029: sensors in communication with one or more controllers).
(D) Regarding Claim 8:
MILLER further discloses:
A fan actuation system (44, Fig. 1) including a plurality of trunnions that rotates the plurality of fan blades for adjusting a pitch of the plurality of fan blades (see para. 0024: variable pitch fan 38 with each blade rotatable by a pitch change mechanism 44).
(E) Regarding Claim 9:
MILLER further discloses:
the one or more fan speed sensors (80) sense the plurality of trunnions to determine a pitch angle of the plurality of fan blades (see para. 0024: variable pitch fan 38 with each blade rotatable by pitch change mechanism 44 and para. 0028: pitch angle).
(F) Regarding Claim 14:
MILLER further discloses:
A method of operating a turbine engine, the method comprising:
providing a fan section, a compressor section, and a turbine section in a serial flow relationship, the fan section comprising a fan (14) including a fan rotor (38) assembly having a plurality of fan blades (40) coupled to a fan disk (42, see para. 0024);
providing a fan frame that supports the fan (not shown, but considered inherent due to presence of the fan section 14 that requires some support by a stabilizing, static, structure); and
providing a fan speed sensor system comprising one or more fan speed sensors (78, 80) that sense a fan speed of the fan (see para. 0028: rotational speed of the fan), the one or more fan speed sensors being positioned to sense an aft side of the fan disk (see para. 0028: on the LP shaft or in the fan and para. 0024: the disk 42 is covered by hub 48);
rotating the fan rotor assembly (see para. 0028: rotational speed of the fan 38);
sensing rotation of the fan rotor assembly with the one or more fan speed sensors (see para. 0028: sensor 78 for rotational speed of the fan 38 and sensor 80 for pitch angle);
determining the fan speed of the fan based on the rotation of the fan rotor assembly (see para. 0028: sensor 78 for rotational speed of the fan 38 and para. 0032: module 102 configured to receive and/or determine…fan speed); and
controlling one or more components of the turbine engine based on the fan speed of the fan (para. 0041: module 146 may manipulate fuel flow…and command the pitch angle).
NOTE ON PRIOR ART INTERPRETATION:
Miller discloses in Fig. 1 that the speed sensor (78) is positioned aft of the fan within the rotating hub (48). Further, Miller discloses at paragraph 0025 that the fan disk (42) is covered by the rotatable hub (48). Thus, in light of the written description and the location of the speed sensor (78) shown in Fig. 1 positioned downstream of the fan, within the rotatable hub that covers the fan disk, the speed sensor (78) of Miller will sense an aft side of the fan disk as claimed.
(G) Regarding Claim 15:
MILLER further discloses:
controlling one or more components of the turbine engine includes controlling at least one of a fuel flow rate of the turbine engine or a slew rate of an adjustment of a pitch of the plurality of fan blades (para. 0041: module 146 may manipulate fuel flow…and command the pitch angle).
(H) Regarding Claim 16:
MILLER further discloses:
the fan includes a fan shaft (LP shaft, Fig. 1) coupled to the fan disk, and the method further comprises sensing rotation of the fan shaft with the one or more fan speed sensors (see para. 0028: sensor 78 for rotational speed of the fan by LP shaft or in the fan).
(I) Regarding Claim 17:
MILLER further discloses:
a low-pressure shaft (Fig. 1) and a gearbox assembly (46), and the method further comprises transferring power from the low-pressure shaft to the fan through the gearbox assembly (see para. 0024: the fan blades rotate by the LP shaft across a power gear box).
(J) Regarding Claim 18:
MILLER further discloses:
the turbine engine includes a fan actuation system (44, Fig. 1) including a plurality of trunnions (see para. 0024: variable pitch fan 38 with each blade rotatable by a pitch change mechanism 44), and the method further comprises adjusting a pitch of the plurality of fan blades by rotating the plurality of trunnions (see para. 0024: variable pitch fan 38 with each blade rotatable by a pitch change mechanism 44 and para. 0041: module 146 may manipulate fuel flow…and command the pitch angle).
(K) Regarding Claim 19:
MILLER further discloses:
sensing a rotation of the plurality of trunnions with the one or more fan speed sensors (see para. 0028: sensor 80 for pitch angle), and determining a pitch angle of the plurality of fan blades based on the rotation of the plurality of trunnions (see para. 0024: variable pitch fan 38 with each blade rotatable by a pitch change mechanism 44 and para. 0041: module 146 may manipulate fuel flow…and command the pitch angle).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over MILLER, as applied to claim 1 above.
(A) Regarding Claim 2:
MILLER teaches:
the one or more fan speed sensors (78, Fig. 1) are positioned axially between the fan rotor assembly (14) and the gearbox (46) (i.e. the sensor 78 is shown in Fig. 1 to be axially downstream of the fan and para. 0028 states the sensor 78 determines a rotational speed of the fan by sensing the LP shaft or the fan).
However, the difference between MILLER and the claimed invention is that MILLER does not explicitly teach the sensor is axially between the fan and the fan frame.
Though MILLER does not show the fan frame structure, it is inherent that the fan and gearbox are supported by a static structure in order to stabilize the LP shaft with respect to the LP compressor section. MILLER teaches that the sensor 78 is used to determine a rotational speed of the fan (see para. 0028) and Fig. 1 clearly shows the sensor 78 is axially downstream of the fan. Since the fan frame supports the low pressure shaft and the gearbox downstream of the fan assembly, the sensor location will be axially downstream of the fan assembly and either axially upstream or axially downstream of a fan frame.
Thus, MILLER recognizes the desirability of sensing the rotational speed of the fan by locating the sensor in close proximity to the fan assembly. MILLER the sensor location is one of a finite number of locations known to be useful to sense the rotational speed of the fan by the LP shaft or portion of the fan structure. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try locating the sensor axially upstream of a fan frame in order to place the sensor in proximity to the LP shaft or fan and, thereby achieve the predictable result of sensing the rotational speed of the fan (see MPEP 2141(III)(C)).
Claim(s) 4-5, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over MILLER, as applied to claim 1 above, and further in view of U.S. Patent No. 11175195 to Razak et al. (hereinafter “RAZAK”).
(A) Regarding Claim 4:
MILLER teaches:
A sensor (78, Fig. 1) is axially downstream of a fan (38).
However, the difference between MILLER and the claimed invention is that MILLER does not explicitly teach the sensor cable extends through the fan frame.
RAZAK teaches:
A sensor (56, Fig. 2) axially downstream of a fan has a cable (57) that extends through the fan frame (not numbered, coupled to shaft 25 and linkage 40).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to extend the sensor cable through the fan frame, as taught by RAZAK, in order to direct the cable to a processor module and thereby achieve the predictable result of receiving sensor information on the rotational speed of the fan (RAZAK col. 14, ll. 8-11).
(B) Regarding Claim 5:
MILLER teaches:
A sensor (78, Fig. 1) is axially downstream of a fan (38).
However, the difference between MILLER and the claimed invention is that MILLER does not explicitly teach the sensor cable extends through an inlet guide vane.
RAZAK teaches:
A sensor (56, Fig. 2) axially downstream of a fan has a cable (57) that extends through an inlet guide vane (24).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to extend the sensor cable through an inlet guide vane, as taught by RAZAK, in order to direct the cable to a processor module through a stationary supporting structure and thereby achieve the predictable result of receiving sensor information on the rotational speed of the fan (RAZAK col. 14, ll. 8-11).
(C) Regarding Claim 21:
A sensor (78, Fig. 1) is axially downstream of a fan (38).
However, the difference between MILLER and the claimed invention is that MILLER does not explicitly teach the fan speed sensor system further comprises at least one of a phonic wheel or a magnetic pickup positioned on the fan rotor assembly.
RAZAK teaches:
the fan speed sensor system (Fig.2) further comprises at least one of a phonic wheel or a magnetic pickup positioned on the fan rotor assembly (col. 14-15, bridging paragraph: speed sensor 56 comprises a variable-reluctance speed prob and a phonic wheel.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include at least one of a phonic wheel positioned on the fan rotor assembly, as taught by RAZAK, in order to sense an operational condition the fan rotor assembly and achieve the predictable result of measuring the rotational speed of the fan shaft (RAZAK col. 14, ll. 4-5).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over MILLER, as applied to claim 8 above, further in view of U.S. Patent Application Publication No. 2016/0290228 to Van Der Merwe et al. (hereinafter “VAN DER MERWE”) and additionally in view of U.S. Patent Application Publication No. 2011/0197703 to Badre-Alam et al. (hereinafter “BADRE-ALAM).
(A) Regarding Claim 10:
MILLER teaches:
Pitch change mechanism (44, Fig. 1).
However, the difference between MILLER and the claimed invention is that MILLER does not explicitly teach a counterweight.
VAN DER MERWE teaches:
A pitch change mechanism (48, Fig. 1) includes a counterweight (52).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a counterweight with the pitch change mechanism, as taught by VAN DER MERWE, in order to correct the pitch while minimizing the rotatable hub size and thereby achieve the predictable result of increasing efficiency (VAN DER MERWE paras. 0004-0005).
However, the difference between MILLER and the claimed invention is that MILLER does not explicitly teach the at least one sensor are positioned to sense the counterweight.
BADRE-ALAM teaches:
Magnetic position sensors (46, Fig. 2) for detecting positions of counterweight of balancer assembly (110).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include, in the at least one sensor, a sensor that senses the counterweight, as taught by BALDRE-ALAM, in order to provide position information on the counterweight and thereby achieve the predictable result of allowing shaft speed to be computed by the sensor pulses (BADRE-ALAM para. 0025).
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over MILLER, as applied to claim 1 above, and further in view of U.S. Patent No. 11313454 to Davies (hereinafter “DAVIES”).
(A) Regarding Claim 11:
MILLER teaches:
A gearbox (46, Fig. 1).
However, the difference between MILLER and the claimed invention is that MILLER does not explicitly teach a lubricant sump and one or more bearings, the lubricant sump collecting lubricant from the bearings, wherein the one or more fan speed sensors are positioned radially outward of the lubricant sump.
DAVIES teaches:
A gearbox (30, Fig. 1) and one or more bearings (col. 1, ll. 43-47), wherein the gearbox comprises a gearbox housing (116, Fig. 6) having a lubricant sump (col. 12, ll. 1-2), the lubricant sump collecting lubricant from the bearings (col. 12, ll. 13-14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form a lubricant sump in the gearbox housing to provide lubricant to one or more bearings, as taught by DAVIES, in order to provide lubricant to the gearbox and thereby achieve the predictable result of ensuring adequate supply of lubricant to avoid wear and damage to bearings (col. 1, ll. 38-47).
INTERPRETATION OF THE PRIOR ART:
Since MILLER teaches the sensor s (78, 80, Fig. 1) are removed and radially outside of the gearbox (46), modification of MILLER in view of DAVIES results in the sump being within the gearbox, wherein the one or more fan speed sensors are positioned radially outward of the lubricant sump.
(B) Regarding Claim 12:
Modified MILLER further teaches:
the turbine engine includes a turbo-engine having a low-pressure shaft (Fig. 1) and a gearbox assembly (46), and the method further comprises transferring power from the low-pressure shaft to the fan through the gearbox assembly (see para. 0024: the fan blades rotate by the LP shaft across a power gear box).
(C) Regarding Claim 13:
Modified MILLER further teaches:
the turbine engine includes a fan actuation system (44, Fig. 1) including a plurality of trunnions (see para. 0024: variable pitch fan 38 with each blade rotatable by a pitch change mechanism 44), and the method further comprises adjusting a pitch of the plurality of fan blades by rotating the plurality of trunnions (see para. 0024: variable pitch fan 38 with each blade rotatable by a pitch change mechanism 44 and para. 0041: module 146 may manipulate fuel flow…and command the pitch angle).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over MILLER, as applied to claim 18 above, further in view of VAN DER MERWE and BADRE-ALAM.
(A) Regarding Claim 20:
MILLER teaches:
Pitch change mechanism (44, Fig. 1).
However, the difference between MILLER and the claimed invention is that MILLER does not explicitly teach a counterweight.
VAN DER MERWE teaches:
A pitch change mechanism (48, Fig. 1) includes a counterweight (52).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a counterweight with the pitch change mechanism, as taught by VAN DER MERWE, in order to correct the pitch while minimizing the rotatable hub size and thereby achieve the predictable result of increasing efficiency (VAN DER MERWE paras. 0004-0005).
However, the difference between MILLER and the claimed invention is that MILLER does not explicitly teach the sensing the counterweight with a fan speed sensor.
BADRE-ALAM teaches:
Magnetic position sensors (46, Fig. 2) for detecting positions of counterweight of balancer assembly (110).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include, in the at least one sensor, a sensor that senses the counterweight, as taught by BALDRE-ALAM, in order to provide position information on the counterweight and thereby achieve the predictable result of allowing shaft speed to be computed by the sensor pulses (BADRE-ALAM para. 0025).
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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAYLA M MCCAFFREY whose telephone number is (571)272-3438. The examiner can normally be reached Monday - Friday (excluding Wednesday) 10AM - 2 PM EST.
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KAYLA M. MCCAFFREY
Primary Examiner
Art Unit 3745
/Kayla McCaffrey/Primary Examiner, Art Unit 3745