CTNF 18/913,347 CTNF 91060 DETAILED ACTION Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1-4 and 12 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Ansart Figure 4 (US 5,941,075) . Regarding claim 1, Ansart Figure 4 discloses a swirler-ferrule assembly comprising: a radial swirler (10, 12) including: (a) a primary swirler vane (10) having a forward wall, an aft wall, and a primary passage defined between the forward and aft wall (Examiner’s Annotated Figure 1) wherein the forward wall defines a surface feature (Examiner’s Annotated Figure 1); and (b) a secondary swirler vane (12) having a secondary air passage (16); a fuel nozzle (2) configured to deliver fuel to a combustor (Column 2, lines 31-35); a ferrule (Examiner’s Annotated Figure 1) connected to the radial swirler (10, 12) (Figure 4), the ferrule (Examiner’s Annotated Figure 1) configured to center the fuel nozzle in the radial swirler (Figure 4); the surface feature (Examiner’s Annotated Figure 1) having a trailing end and a distal end (Examiner’s Annotated Figure 1), and configured to direct an air flow through the primary air passage away from a recirculation zone located upstream of the primary swirler vane (The structure of the surface feature provides for the capability to direct an air flow through the primary passage away from a recirculation zone), wherein the fuel nozzle is located downstream of the trailing end of the surface feature (Figure 4). PNG media_image1.png 519 466 media_image1.png Greyscale Examiner’s Annotated Figure 1 Regarding claim 2, Ansart Figure 4 discloses the swirler-ferrule assembly of claim 1, wherein the surface feature is a ramp that is curved radially inward in an aft direction and axially in the aft direction from the trailing end of the surface feature to the distal end (Examiner’s Annotated Figure 1). Regarding claim 3, Ansart Figure 4 discloses the swirler-ferrule assembly of claim 2, wherein the ferrule comprises a plurality of purge-air passages (Examiner’s Annotated Figure 1), each of the plurality of purge-air passages configured to intersect the surface feature between the trailing end and the distal end (Examiner’s Annotated Figure 1). Regarding claim 4, Ansart Figure 4 discloses the swirler-ferrule assembly of claim 2, wherein the aft wall further comprises a lip (6) having a venturi surface (5), the lip extending between the primary air passage and the secondary air passage (Figure 4), wherein the surface feature is configured to guide the air flow through the primary air passage toward the venturi surface (The structure provides for the surface feature to be capable of guiding the air flow through the primary passage toward the venturi surface). Regarding claim 12, Ansart Figure discloses the swirler-ferrule of claim 1, wherein the fuel nozzle is located axially downstream of the distal end of the surface feature (Examiner’s Annotated Figure 1) Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1, 5-6, 8-11, 13, 15-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Graves Figure 3 (5966937) in view of Monty Figure 2 (US 5,623,827) . Regarding claim 1, Graves Figure 3 discloses a swirler-ferrule assembly comprising: a radial swirler (Examiner’s Annotated Figure 2) including: (a) a primary swirler vane (Examiner’s Annotated Figure 2) having a forward wall, an aft wall, and a primary passage (64) defined between the forward and aft wall (Examiner’s Annotated Figure 2) wherein the forward wall defines a surface feature (Examiner’s Annotated Figure 2); and (b) a secondary swirler vane (Examiners Annotated Figure 2) having a secondary air passage (66); a fuel nozzle (69) configured to deliver fuel to a combustor (The fuel nozzle is capable of performing the claimed function); a ferrule (Examiner’s Annotated Figure 1) connected to the radial swirler (Examiner’s Annotated Figure 2), the ferrule (Examiner’s Annotated Figure 2) configured to center the fuel nozzle in the radial swirler (Figure 3); the surface feature (Examiner’s Annotated Figure 2) having a trailing end and a distal end (Examiner’s Annotated Figure 2), and configured to direct an air flow through the primary air passage away from a recirculation zone located upstream of the primary swirler vane (The structure of the surface feature provides for the capability to direct an air flow through the primary passage away from a recirculation zone), but fails to disclose wherein the fuel nozzle is located downstream of the trailing end of the surface feature. Monty Figure 2 discloses a device wherein a fuel nozzle (26) is located downstream of a trailing end of a surface feature (Examiner’s Annotated Figure 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Graves with the disclosures of Monty Figure 2, providing the fuel nozzle downstream of the trailing end of the surface feature, in order to provide for a known means of discharging fluid into the chamber in a system where the position of the fuel nozzle is not a critical element. PNG media_image2.png 699 701 media_image2.png Greyscale Examiner’s Annotated Figure 2 PNG media_image3.png 456 496 media_image3.png Greyscale Examiner’s Annotated Figure 3 Regarding claim 5, Graves in view of Monty discloses the swirler-ferrule assembly of claim 1, wherein the surface feature is a ramp that is curved radially inward in a forward direction and axially in the forward direction from the trailing end to an intermediate point of the surface feature (Graves Figure 3) and is curved radially inward in an aft direction and axially in the aft direction from the intermediate point to the distal end (Graves Figure 3). Regarding claim 6, Graves in view of Monty discloses the swirler-ferrule assembly of claim 5, wherein the ferrule comprises a plurality of purge-air passages (Examiner’s Annotated Figure 2), each of the plurality of purge-air passages configured to intersect the surface feature between the trailing end and the distal end (Examiner’s Annotated Figure 2). Regarding claim 8, Graves in view of Monty discloses the swirler-ferrule assembly of claim 5, wherein the aft wall further comprises a lip having a venturi surface (Examiner’s Annotated Figure 2), the lip extending between the primary air passage and the secondary air passage (Figure 4), wherein the surface feature is configured to guide the flow of air flow through the primary air passage to the venturi surface (The feature is capable of performing the claimed function). Regarding claim 9, Graves in view of Monty discloses the swirler-ferrule assembly of claim 1, wherein the surface feature is a first lip (Examiner’s Annotated Figure 2), the first lip extending within the primary swirler vane and being curved radially inward in an aft direction and axially in the aft direction from the trailing end of the surface feature to the distal end of the surface feature (Examiner’s Annotated Figure 2), and wherein the primary swirler vane includes a ramp surface (Examiner’s Annotated Figure 2, the surface feature is ramp shaped). Regarding claim 10, Graves in view of Monty discloses the swirler-ferrule assembly of claim 9, further comprising a second lip (5) having a venturi surface (Examiner’s Annotated Figure 2, “Lip”), the second lip extending between the primary swirler vane and the secondary swirler vane (Examiner’s Annotated Figure 2), wherein the first lip divides the air flow through the primary swirler vane into a first air flow guided along the ramp surface of the primary swirler vane and a second air flow guided along the venturi surface (The flow through the air passages is oriented along the ramp surface, and the flow through passage 64 is guided along the venturi). Regarding claim 11, Graves in view of Monty discloses the swirler-ferrule assembly of claim 1, wherein the surface feature is integral with the forward wall (Examiner’s Annotated Figure 2). Regarding claim 13, Graves in view of Monty discloses the swirler-ferrule of claim 1, wherein the fuel nozzle is located axially upstream of the distal end of the surface feature (Examiner’s Annotated Figure 3) Regarding claim 14, Graves in view of Monty discloses the swirler-ferrule assembly of claim 1, wherein the aft wall further comprises a lip having a venturi surface (Examiner’s Annotated Figure 2), the lip extending between the primary air passage and the secondary air passage (Figure 4), wherein the surface feature is configured to guide the flow of air flow through the primary air passage to the venturi surface (The feature is capable of performing the claimed function). Regarding claim 15, Graves Figure 3 discloses a swirler-ferrule assembly comprising: a radial swirler (Examiner’s Annotated Figure 2) including: (a) a primary swirler vane (Examiner’s Annotated Figure 2) having a forward wall, an aft wall, and a primary air passage (64) defined between the forward and aft wall (Examiner’s Annotated Figure 2) wherein the forward wall defines a surface feature (Examiner’s Annotated Figure 2); and (b) a secondary swirler vane (Examiners Annotated Figure 2) having a secondary air passage (66); a fuel nozzle (69) configured to deliver fuel to a combustor (The fuel nozzle is capable of performing the claimed function); a ferrule (Examiner’s Annotated Figure 1) connected to the radial swirler (Examiner’s Annotated Figure 2), the ferrule (Examiner’s Annotated Figure 2) configured to center the fuel nozzle in the radial swirler (Figure 3); the surface feature (Examiner’s Annotated Figure 2) having a trailing end and a distal end (Examiner’s Annotated Figure 2), and configured to direct an air flow through the primary air passage away from a recirculation zone located upstream of the primary swirler vane (The structure of the surface feature provides for the capability to direct an air flow through the primary passage away from a recirculation zone), wherein the aft wall comprises a lip having a venturi surface (Examiner’s Annotated Figure 2), the lip extending between the primary air passage and the secondary air passage (Figure 4), wherein the surface feature is configured to guide the flow of air flow through the primary air passage toward the venturi surface (The feature is capable of performing the claimed function), but fails to disclose wherein the fuel nozzle is located downstream of the trailing end of the surface feature, and the fuel nozzle is located axially downstream of the distal end of the surface feature or axially upstream of the distal end of the surface feature. Monty Figure 2 discloses a device wherein a fuel nozzle (26) is located downstream of a trailing end of a surface feature and axially upstream of the distal end of the surface feature (Examiner’s Annotated Figure 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Graves with the disclosures of Monty Figure 2, providing the fuel nozzle downstream of the trailing end of the surface feature and upstream of the distal end of the surface feature, in order to provide for a known means of discharging fluid into the chamber in a system where the position of the fuel nozzle is not a critical element. Regarding claim 16, Graves in view of Monty discloses the swirler-ferrule assembly of claim 15, wherein the surface feature is a ramp that is curved radially inward in an aft direction and axially in the aft direction from the trailing end of the surface feature to the distal end (Examiner’s Annotated Figure 2). Regarding claim 17, Graves in view of Monty discloses the swirler-ferrule assembly of claim 15, wherein the surface feature is a ramp that is curved radially inward in a forward direction and axially in the forward direction from the trailing end to an intermediate point of the surface feature (Graves Figure 3) and is curved radially inward in an aft direction and axially in the aft direction from the intermediate point to the distal end (Graves Figure 3). Regarding claim 19, Graves in view of Monty discloses the swirler-ferrule assembly of claim 15, wherein the surface feature is a first lip and the lip having the venturi surface is a second lip (Examiner’s Annotated Figure 2), the first lip extending within the primary swirler vane and being curved radially inward in an aft direction and axially in the aft direction from the trailing end of the surface feature to the distal end of the surface feature (Examiner’s Annotated Figure 2), and wherein the primary swirler vane includes a ramp surface (Examiner’s Annotated Figure 2, the surface feature is ramp shaped). Regarding claim 20, Graves in view of Monty discloses the swirler-ferrule assembly of claim 15, wherein the surface feature is integral with the forward wall (Examiner’s Annotated Figure 2) . Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto- processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-36 AIA Claim s 1-6 and 9-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-8 of U.S. Patent No. 12,130,013 in view of Monty . The claims put forth identical subject matter, but fail to disclose wherein the fuel nozzle is located downstream of the trailing end of the surface feature. Monty Figure 2 discloses a device wherein a fuel nozzle (26) is located downstream of a trailing end of a surface feature (Examiner’s Annotated Figure 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ‘013 with the disclosures of Monty Figure 2, providing the fuel nozzle downstream of the trailing end of the surface feature, in order to provide for a known means of discharging fluid into the chamber in a system where the position of the fuel nozzle is not a critical element . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 7 and 18 are 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm. 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, Arthur O. Hall can be reached on (571)270-1814. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752 Application/Control Number: 18/913,347 Page 2 Art Unit: 3752 Application/Control Number: 18/913,347 Page 3 Art Unit: 3752 Application/Control Number: 18/913,347 Page 4 Art Unit: 3752 Application/Control Number: 18/913,347 Page 5 Art Unit: 3752 Application/Control Number: 18/913,347 Page 6 Art Unit: 3752 Application/Control Number: 18/913,347 Page 7 Art Unit: 3752 Application/Control Number: 18/913,347 Page 8 Art Unit: 3752 Application/Control Number: 18/913,347 Page 9 Art Unit: 3752 Application/Control Number: 18/913,347 Page 10 Art Unit: 3752 Application/Control Number: 18/913,347 Page 11 Art Unit: 3752 Application/Control Number: 18/913,347 Page 12 Art Unit: 3752
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