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 .
This is the first office action on the merits in response to Applicant’s election filed on 11/06/2025.
Election/Restrictions
Applicant’s election without traverse of species VIII (Figure 14), subspecies AI (Figure 8), and subspecies BII (Figure 16) in the reply filed on November 6, 2025 is acknowledged. Claims 1-20 are pending and examined.
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 claim 1 limitation "third bearings" (line 30) must be shown or the feature(s) canceled from the claim(s). 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
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are: "low-pressure turbine" and "high-pressure turbine".
Regarding the term “low-pressure turbine”, the specification provides in ¶ [0024] the following: “The first set of bladed rotors 370 may be the same so that they rotate at the same speed and together act as a low-pressure turbine that takes the air received from the inlet and compresses it to increase the pressure thereof (act as compressor of a typical gas-powered jet engine)”. As known in the art of gas turbines, a low-pressure turbine expands air, thereby decreasing its pressure. A low-pressure turbine cannot “act as compressor”. Rather, the low-pressure turbine in this case functions more like a “low-pressure compressor”.
Regarding the term “high-pressure turbine”, the specification provides in ¶ [0025] the following: “The second set of bladed rotors 380 act as a high-pressure turbine and further increase the pressure of the air and provide the thrust for the jet (act as turbine of typical gas jet engine)”. As known in the art of gas turbines, a high-pressure turbine expands air, thereby decreasing its pressure. A high-pressure turbine cannot “further increase the pressure of air”. Rather, the high-pressure turbine in this case functions more like a “high-pressure compressor”.
Applicant should revise the specification by changing the terms “low-pressure turbine” (used in ¶ [0024], [0032], and [0061]) and “high-pressure turbine” (used in ¶ [0025], [0032], [0033], [0042], [0046], [0047], [0061]} to a term that is consistent with the overall disclosure of the invention (e.g., “low-pressure compressor” and “high-pressure compressor”, respectively). Additionally, ¶ [0061] recites “The use of the electric turbines (low-pressure 470, high-pressure 480)”. The term “electric turbines” should be changed as well for the same reasons listed above.
Claim Objections
Claims 5-10 and 14-20 are objected to because of the following informalities:
Claims 5-10, line 1: “The electric motor of claim __” is believed to be in error for --The electric jet engine of claim __--
Claims 14-20, line 1: “The electric motor of claim __” is believed to be in error for --The electric jet engine of claim __--
Appropriate correction is required.
Double Patenting
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.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 9 of U.S. Patent No. 12,132,362 in view of Uskert (US 9,143,023 B1).
Regarding independent claim 1, U.S. Patent No. 12,132,362 teaches (in claims 1, 7, and 8) an electric jet engine comprising (claim 1, col. 11, l. 58):
an engine housing (col. 11, l. 59);
an air inlet (col. 11, l. 60);
a first stator housing connected to the engine housing, wherein the first stator housing includes at least one first stator core (col. 11, l. 61-63);
a first shaft (col. 11, l. 64);
a low-pressure turbine including (note that col. 11, l. 65 – col. 12, l. 11 teaches all the elements contained within “a low-pressure turbine”)
at least one first bladed rotor secured on the first shaft, wherein the at least one first bladed rotor includes a first plurality of blades (col. 11, ll. 65-67);
a first plurality of magnets mounted on the at least one first bladed rotor (col. 12, ll. 1-2); and
a first plurality of coils mounted on the at least one first stator core, wherein the first plurality of coils are configured to interact with the first plurality of magnets, wherein the interaction between the first plurality of coils and the first plurality of magnets causes the at least one first bladed rotor to rotate in order to pressurize and accelerate air received via the air inlet, and wherein the rotation of the at least one first bladed rotor causes the first shaft to rotate (col. 12, ll. 3-11);
a generator including (col. 12, l. 12)
a second stator housing secured to the first shaft via first bearings, wherein the second stator housing includes at least one second stator core (col. 12, ll. 13-15);
at least one rotor secured on the first shaft, wherein the at least one rotor rotates with the rotation of the first shaft (col. 12, ll. 18-20);
a second plurality of magnets mounted on the at least one rotor (col. 12, ll. 21-22); and
a second plurality of coils mounted on the at least one second stator core, wherein the second plurality of coils are configured to interact with the second plurality of magnets, wherein the interaction between the second plurality of coils and the second plurality of magnets causes current to flow in the second plurality of coils (col. 12, ll. 23-29);
a second shaft secured to the second stator housing via second bearings, wherein the second shaft is concentric to the first shaft, and wherein the generator is located within the second stator housing (col. 12, ll. 30-33);
a high-pressure turbine including (claim 8)
at least one second bladed rotor secured to the second shaft (claim 7), and
an exhaust nozzle to expel the pressurized air from the high-pressure turbine to provide thrust (claim 1, col. 12, ll. 34-35).
However, U.S. Patent No. 12,132,362 does not teach the at least one second bladed rotor secured to the second shaft via third bearings, wherein the at least one second bladed rotor includes a second plurality of blades;
a third plurality of magnets mounted on the at least one second bladed rotor; and
a third plurality of coils mounted on the at least one first stator core, wherein the third plurality of coils are configured to interact with the third plurality of magnets, wherein the interaction between the third plurality of coils and the third plurality of magnets causes the at least one second bladed rotor to rotate in order to increase the pressure of the air provided from the low-pressure turbine.
Uskert teaches (Figs. 3-4) a similar electric jet engine (10 – Fig. 3) comprising:
a first stage (Fig. 3: 300 on the left) including at least one first bladed rotor (Fig. 3: 200 on the left) secured on a first shaft (Fig. 3: 60 on the left), wherein the at least one first bladed rotor (200) includes a first plurality of blades (Fig. 3: 310 on the left);
a first plurality of magnets (Fig. 3: 400 on the left, located on tip 312 of blades 300 as shown in Fig. 4) mounted on the at least one first bladed rotor (200); and
a first plurality of coils (Fig. 3: 400 on the left, located on stator cowl 102 as shown in Fig. 4) mounted on at least one stator core (102); and further teaches:
a second stage (Fig. 3: 300 on the right) including at least one second bladed rotor (Fig. 3: 200 on the right) secured to a second shaft (Fig. 3: 60 on the right) via third bearings (322 – Fig. 4), wherein the at least one second bladed rotor (200) includes a second plurality of blades (Fig. 3: 310 on the right);
a third plurality of magnets (Fig. 3: 400 on the right, located on tip 312 of blades 310 as shown in Fig. 4) mounted on the at least one second bladed rotor (200); and
a third plurality of coils (Fig. 3: 400 on the right, located on stator cowl 102 as shown in Fig. 4) mounted on the at least one first stator core (102), wherein the third plurality of coils are configured to interact with the third plurality of magnets (col. 4, ll. 43-46), wherein the interaction between the third plurality of coils and the third plurality of magnets causes the at least one second bladed rotor to rotate in order to increase the pressure of the air provided from the first stage (col. 4, ll. 46-50).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12,132,362 by including third bearings for securing the at least one second bladed rotor to the second shaft; a second plurality of blades on the at least one second bladed rotor; a third plurality of magnets mounted on the at least one second bladed rotor; and a third plurality of coils mounted on the at least one first stator core, wherein the third plurality of coils are configured to interact with the third plurality of magnets, wherein the interaction between the third plurality of coils and the third plurality of magnets causes the at least one second bladed rotor to rotate in order to increase the pressure of the air provided from the low-pressure turbine, in order to provide an additional compressive stage to provide the high velocity gas stream for propulsion while enhancing the operating efficiency of the propulsion system, as taught by Uskert (col. 1, ll. 54-59). Furthermore, the additional compressive stage allows the electric jet engine to operate as a counter-rotating rotor stage (col. 5, ll. 30-31), which is known in the art to increase efficiency.
For dependent claim 2, the recited limitations are contained in patent claim 2.
For dependent claim 3, the recited limitations are contained in patent claim 3. Furthermore, it would be obvious to extend the control operation of the controller to the third plurality of coils as well.
For dependent claim 4, the recited limitations are contained in patent claim 4.
For dependent claim 5, the recited limitations are contained in patent claim 9.
Regarding dependent claim 6, U.S. Patent No. 12,132,362, in view of Uskert as discussed so far, teaches the invention as claimed and as discussed above for claim 1, except for the at least one first bladed rotor includes a first opening to receive the first shaft, a first inner ring surrounding the first opening, and a first outer ring, wherein the first plurality of blades extend from the first inner ring to the first outer ring.
Uskert further teaches (Fig. 5) the at least one first bladed rotor (200 – Fig. 3) includes a first opening (center of 320) to receive the first shaft (60), a first inner ring (320) surrounding the first opening, and a first outer ring (316), wherein the first plurality of blades (310) extend from the first inner ring (320) to the first outer ring (316).
Regarding dependent claim 7, U.S. Patent No. 12,132,362, in view of Uskert as discussed so far, teaches the invention as claimed and as discussed above for claim 6, except for the first plurality of magnets are located on the first outer ring.
Uskert further teaches (Fig. 5) the first plurality of magnets (shown as 460) are located on the first outer ring (316).
Regarding dependent claim 8, U.S. Patent No. 12,132,362, in view of Uskert as discussed so far, teaches the invention as claimed and as discussed above for claim 1, except for the at least one second bladed rotor includes a second opening to receive the second shaft, a second inner ring surrounding the second opening, and a second outer ring, wherein the second plurality of blades extend from the second inner ring to the second outer ring.
Uskert further teaches (Fig. 5) the at least one second bladed rotor (200 – Fig. 3) includes a second opening (center of 320) to receive the second shaft (60), a second inner ring (320) surrounding the second opening, and a second outer ring (316), wherein the second plurality of blades (310) extend from the second inner ring (320) to the second outer ring (316) – (note that Fig. 5 is assumed to be applicable to both the left set of rotors on the left shaft 60 and the right set of rotors on the right shaft 60 of Fig. 3).
Regarding dependent claim 9, U.S. Patent No. 12,132,362, in view of Uskert as discussed so far, teaches the invention as claimed and as discussed above for claim 8, except for the second plurality of magnets are located on the second outer ring.
Uskert further teaches (Fig. 5) the second plurality of magnets (shown as 460) are located on the second outer ring (316) – (note that Fig. 5 is assumed to be applicable to both the left set of rotors on the left shaft 60 and the right set of rotors on the right shaft 60 of Fig. 3).
Regarding dependent claim 10, U.S. Patent No. 12,132,362, in view of Uskert as discussed so far, teaches the invention as claimed and as discussed above for claim 1, except for the electric motor of claim 1, utilized in an aircraft.
Uskert further teaches (Fig. 3) the electric motor (10) of claim 1, utilized in an aircraft (col. 3, ll. 32-33: “such as an aircraft propulsion engine”).
Claims 11-14 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10-11 of U.S. Patent No. 12,132,362. Although the claims at issue are not identical, they are not patentably distinct from each other because the present application (18/930,900) claims are broader in at least one aspect and do not recite additional features claimed in the patent (12,132,362) claims.
For claim 11:
Regarding the broadening aspect of the present application claims, the following comparison between the present application claims and the patent claims highlights (see underlined features in the patent claims) what elements have been excluded in the presentation of the present application claims.
Patent (12,132,362) claim 10
Present application (18/930,900) claim 11
An electric jet engine comprising:
an engine housing;
an air inlet;
a first stator housing connected to the engine housing, wherein the first stator housing includes at least two first stator cores;
ducts formed between the first stator housing and the engine housing;
a first shaft;
at least one first bladed rotor secured on the first shaft, wherein the at least one first bladed rotor includes a first plurality of blades, and wherein the at least one first bladed rotor is to act as a low-pressure turbine;
at least one second bladed rotor secured on a second shaft concentric to the first shaft, wherein the at least one second bladed rotor includes a second plurality of blades, and wherein the at least one second bladed rotor is to act as a high-pressure turbine;
a first plurality of magnets mounted on the at least one first bladed rotor and a second plurality of magnets mounted on the at least one second bladed rotor;
a first plurality of coils mounted on a first of the at least two first stator cores and a second plurality of coils mounted on a second of the at least two first stator cores, wherein the first plurality of coils are configured to interact with the first plurality of magnets, wherein the interaction between the first plurality of coils and the first plurality of magnets causes the at least one first bladed rotor to rotate in order to pressurize air received via the air inlet, wherein the interaction between the second plurality of coils and the second plurality of magnets causes the at least one second bladed rotor to rotate in order to accelerate the pressurized air, and wherein the rotation of the at least one first bladed rotor causes the first shaft to rotate;
a ducted fan connected to the first shaft within the air inlet, wherein rotation of the first shaft is utilized to rotate the ducted fan to route some of the air received via the air inlet to the ducts;
a generator, wherein the generator includes:
a second stator housing secured to the first shaft via first bearings, wherein the second stator housing includes at least one second stator core, and wherein the second stator housing is secured to the first stator housing via at least one radial fastener;
at least one rotor secured on the first shaft, wherein the at least one rotor rotates with the rotation of the first shaft;
a third plurality of magnets mounted on the at least one rotor; and
a third plurality of coils mounted on the at least one second stator core, wherein the third plurality of coils are configured to interact with the third plurality of magnets, wherein the interaction between the third plurality of coils and the third plurality of magnets causes current to flow in the third plurality of coils; and
an exhaust nozzle to expel the pressurized and accelerated air to provide thrust;
wherein the second shaft is secured to the second stator housing via second bearings so that the generator is located within the second stator housing.
An electric jet engine comprising:
an engine housing;
an air inlet;
a first stator housing connected to the engine housing, wherein the first stator housing includes at least two first stator cores;
ducts formed between the first stator housing and the engine housing;
a first shaft;
a second shaft concentric to the first shaft;
at least one first bladed rotor secured on the first shaft, wherein the at least one first bladed rotor includes a first plurality of blades, and wherein the first bladed rotor is to act as a low-pressure turbine;
at least one second bladed rotor secured on the second shaft, wherein the at least one second bladed rotor includes a second plurality of blades and wherein the at least one second bladed rotor is to act as a high-pressure turbine;
a first plurality of magnets mounted on the at least one first bladed rotor;
a second plurality of magnets mounted on the at least one second bladed rotor;
a first plurality of coils mounted on a first of the at least two first stator cores, wherein the first plurality of coils are configured to interact with the first plurality of magnets, wherein the interaction between the first plurality of coils and the first plurality of magnets causes the at least one first bladed rotor to rotate in order to pressurize air received via the air inlet, and wherein the rotation of the at least one first bladed rotor causes the first shaft to rotate;
a second plurality of coils mounted on a second of the at least two first stator cores, wherein the second plurality of coils are configured to interact with the second plurality of magnets, wherein the interaction between the second plurality of coils and the second plurality of magnets causes the at least one second bladed rotor to rotate in order to accelerate the pressurized air;
a generator mounted to the first shaft and located within the second shaft (see *Note), wherein the generator utilizes the rotation of the first shaft to generate electricity; and
an exhaust nozzle to expel the pressurized and accelerated air to provide thrust.
*Note that the claim 11 limitation “a generator mounted to the first shaft and located within the second shaft” is implied by the patent claim 10 limitations “a second shaft concentric to the first shaft”, “the generator includes: a second stator housing secured to the first shaft”, “the second stator housing is secured to the first stator housing via at least one radial fastener”, and “the second shaft is secured to the second stator housing”.
Thus, it is apparent, for the broadening aspect, that the patent claim 10 includes features that are not in present application claim 11. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent of an application containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Since the present application claim 11 is anticipated by the patent claim 10, with respect to the broadening aspect, then present application claim 11 is obvious over patent claims 10 with respect to the broadening aspect.
For dependent claim 12, the recited limitations are contained in patent claim 10 (col. 14, ll. 5-21).
For dependent claim 13, the recited limitations are contained in patent claim 10 (col. 14, ll. 24-25).
For dependent claim 14, the recited limitations are contained in patent claim 11.
For dependent claim 19, the recited limitations are contained in patent claim 10 (col. 14, ll. 1-4).
Claims 15-18 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,132,362 in view of Uskert (US 9,143,023 B1).
Regarding dependent claim 15, U.S. Patent No. 12,132,362 teaches the invention as claimed and as discussed above for claim 11, except for the at least one first bladed rotor includes a first opening to receive the first shaft, a first inner ring surrounding the first opening, and a first outer ring, wherein the first plurality of blades extend from the first inner ring to the first outer ring.
Uskert teaches (Figs. 3-4) a similar electric jet engine (10 – Fig. 3) comprising:
a first stage (Fig. 3: 300 on the left) including at least one first bladed rotor (Fig. 3: 200 on the left) secured on a first shaft (Fig. 3: 60 on the left), wherein the at least one first bladed rotor (200) includes a first plurality of blades (Fig. 3: 310 on the left).
Uskert further teaches (Fig. 5) the at least one first bladed rotor (200 – Fig. 3) includes a first opening (center of 320) to receive the first shaft (60), a first inner ring (320) surrounding the first opening, and a first outer ring (316), wherein the first plurality of blades (310) extend from the first inner ring (320) to the first outer ring (316).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12,132,362 such that the at least one first bladed rotor includes a first opening to receive the first shaft, a first inner ring surrounding the first opening, and a first outer ring, wherein the first plurality of blades extend from the first inner ring to the first outer ring, in order to provide the high velocity gas stream for propulsion while enhancing the operating efficiency of the propulsion system, as taught by Uskert (col. 1, ll. 54-59).
Regarding dependent claim 16, U.S. Patent No. 12,132,362, in view of Uskert as discussed so far, teaches the invention as claimed and as discussed above for claim 15, except for the first plurality of magnets are located on the first outer ring.
Uskert further teaches (Fig. 5) the first plurality of magnets (shown as 460) are located on the first outer ring (316).
Regarding dependent claim 17, U.S. Patent No. 12,132,362 teaches the invention as claimed and as discussed above for claim 11, except for the at least one second bladed rotor includes a second opening to receive the second shaft, a second inner ring surrounding the second opening, and a second outer ring, wherein the second plurality of blades extend from the second inner ring to the second outer ring.
Uskert teaches (Figs. 3-4) a similar electric jet engine (10 – Fig. 3) comprising:
a second stage (Fig. 3: 300 on the right) including at least one second bladed rotor (Fig. 3: 200 on the right) secured to a second shaft (Fig. 3: 60 on the right) via third bearings (322 – Fig. 4), wherein the at least one second bladed rotor (200) includes a second plurality of blades (Fig. 3: 310 on the right).
Uskert further teaches (Fig. 5) the at least one second bladed rotor (200 – Fig. 3) includes a second opening (center of 320) to receive the second shaft (60), a second inner ring (320) surrounding the second opening, and a second outer ring (316), wherein the second plurality of blades (310) extend from the second inner ring (320) to the second outer ring (316) – (note that Fig. 5 is assumed to be applicable to both the left set of rotors on the left shaft 60 and the right set of rotors on the right shaft 60 of Fig. 3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12,132,362 such that the at least one second bladed rotor includes a second opening to receive the second shaft, a second inner ring surrounding the second opening, and a second outer ring, wherein the second plurality of blades extend from the second inner ring to the second outer ring, in order to provide the high velocity gas stream for propulsion while enhancing the operating efficiency of the propulsion system, as taught by Uskert (col. 1, ll. 54-59).
Regarding dependent claim 18, U.S. Patent No. 12,132,362, in view of Uskert as discussed so far, teaches the invention as claimed and as discussed above for claim 17, except for the second plurality of magnets are located on the second outer ring.
Uskert further teaches (Fig. 5) the second plurality of magnets (shown as 460) are located on the second outer ring (316) – (note that Fig. 5 is assumed to be applicable to both the left set of rotors on the left shaft 60 and the right set of rotors on the right shaft 60 of Fig. 3).
Regarding dependent claim 20, U.S. Patent No. 12,132,362 teaches the invention as claimed and as discussed above for claim 11, except for the electric motor of claim 11, utilized in an aircraft.
Uskert teaches (Figs. 3-4) a similar electric jet engine (10 – Fig. 3) comprising an electric motor (10), utilized in an aircraft (col. 3, ll. 32-33: “such as an aircraft propulsion engine”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12,132,362 by utilizing the electric motor of claim 11 in an aircraft, in order to provide the high velocity gas stream for propulsion while enhancing the operating efficiency of the propulsion system, as taught by Uskert (col. 1, ll. 54-59).
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The terms "low-pressure turbine" and "high-pressure turbine" in claims 1 and 11 is used by the claim to mean “a device for pressurizing or increasing the pressure of air,” while the accepted meaning is “a device for expanding air, thereby decreasing its pressure.” The term is indefinite because the specification does not clearly redefine the term.
Regarding claims 1 and 11, the claimed “low-pressure turbine” includes at least one first bladed rotor “to pressurize and accelerate air received via the air inlet”. The claimed “high-pressure turbine” includes at least one second bladed rotor “to increase the pressure of the air provided from the low-pressure turbine”. Turbines do not increase the pressure of air. Rather, they expand air, thereby decreasing its pressure. To one of ordinary skill in the gas turbine arts, the claimed “low-pressure turbine” and “high-pressure turbine” function more like a “low-pressure compressor” and a “high-pressure compressor”, respectively. The claims are indefinite because the above terms are being defined in a way that is completely contrary to their plain meaning. The definition must be tied to the context and consistent with the overall disclosure of the invention.
Claims 2-10 and 12-20 are also rejected because they depend on either claim 1 or 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: see attached form PTO-892 “Notice of References Cited”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY NG whose telephone number is (571)272-2318. The examiner can normally be reached M-F 9:30 AM - 6:30 PM.
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/HENRY NG/Examiner, Art Unit 3741 /DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741