DETAILED ACTION
The following action is in response to the amendment filed for application 18/973,929 on January 23, 2026.
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 .
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 1-3 and 5-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4, 4, 4, 7/6, 7, /6, 5, 9, 9, and 11, respectively, of U.S. Patent No. 12,163,476. Although the claims at issue are not identical, they are not patentably distinct from each other because (see claims).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Howell (US 10526975)). With regard to claim 1, Howell teaches an assembly for an aircraft powerplant, comprising: a differential geartrain including a sun gear 134, a ring gear 132, a plurality of intermediate gears and a carrier 136, the ring gear circumscribing the sun gear and rotatable about an axis, each of the plurality of intermediate gears 138 between and meshed with the sun gear and the ring gear, each of the plurality of intermediate gears rotatably mounted to the carrier, and the carrier rotatable about the axis; a first rotating assembly coupled to the differential geartrain through the carrier, the first rotating assembly comprising a first turbine rotor 86; a second rotating assembly coupled to the differential geartrain through the ring gear, the second rotating assembly comprising a second turbine rotor 76; and a compressor rotor 150g coupled to the differential geartrain through the sun gear. With regard to claim 2, Howell teaches the assembly, further comprising an actuator 150a coupled to the differential geartrain through the ring gear 132 (via 134). With regard to claim 3, Howell teaches the assembly,
further comprising an accessory gearbox (Fig. 6A) comprising a gearbox geartrain, the first rotating assembly and the second rotating assembly coupled to the differential geartrain through the gearbox geartrain, and the actuator coupled to the differential geartrain through the gearbox geartrain. With regard to claim 4, Howell teaches the assembly, wherein the compressor rotor 156 is coupled to the sun gear 134 independent of the gearbox geartrain. With regard to claim 5, Howell teaches the assembly, wherein the actuator comprises an electric machine 150A. With regard to claim 6, Howell teaches the assembly, wherein the electric machine is configured to generate electricity during a mode of operation (Col. 12, lines 41-47). With regard to claim 7, Howell teaches the assembly, wherein the electric machine is configured to drive rotation of the ring gear during a mode of operation (Col. 11, lines 38-47). With regard to claim 8, Howell teaches the assembly, wherein the differential geartrain is configured such that the sun gear, the ring gear and the carrier rotate in a common direction about the axis (at certain relative speeds). With regard to claim 9, Howell teaches the assembly, further comprising a tower shaft 94, the first rotating assembly coupled to the carrier through the tower shaft. With regard to claim 10, Howell teaches the assembly, further comprising a tower shaft 90, the second rotating assembly coupled to the ring gear through the tower shaft. With regard to claim 11, Howell teaches the assembly, further comprising: a propulsor rotor 64 coupled to the second turbine rotor 76; the second turbine rotor configured to drive rotation of the propulsor rotor (Fig. 5). With regard to claim 12, Howell teaches the assembly, wherein the propulsor rotor is a fan rotor 64. With regard to claim 13, Howell teaches an assembly for an aircraft powerplant, comprising: a differential geartrain 130 including a first rotating element, a second rotating element and a third rotating element; a first rotating assembly coupled to the differential geartrain through the first rotating element, the first rotating assembly comprising a first turbine rotor 86; a second rotating assembly coupled to the differential geartrain through the second rotating element, the second rotating assembly comprising a second turbine rotor 76; an electric machine 150a coupled to the differential geartrain through the third rotating element; and a compressor rotor 72 coupled to the differential geartrain through the second rotating element, and a shaft 90 is coupled to the compressor rotor at a first shaft end and the second rotating element 132 at a second end. With regard to claim 14, Howell teaches the assembly, wherein the first rotating element comprises a carrier 136 of the differential geartrain. With regard to claim 15, Howell teaches the assembly, wherein the second rotating element comprises a ring 132 gear of the differential geartrain. With regard to claim 16, Howell teaches the assembly, wherein the first rotating element comprises a ring gear 132 of the differential geartrain. With regard to claim 17, Howell teaches the assembly, wherein the first rotating element comprises a carrier 136, the second rotating element comprises a ring gear 132, the third rotating element comprises a sun gear 134, and the differential geartrain further includes a plurality of intermediate gears 138; the ring gear circumscribes the sun gear and is rotatable about an axis; each of the plurality of intermediate gears is between and meshed with the sun gear and the ring gear; each of the plurality of intermediate gears is rotatably mounted to the carrier; and the carrier is rotatable about the axis (Fig. 6A). With regard to claim 18, Howell teaches the assembly, further comprising: a propulsor rotor 64 coupled to the second turbine rotor 76; the second turbine rotor configured to drive rotation of the propulsor rotor (Fig. 5). With regard to claim 19, Howell teaches the assembly, wherein the propulsor rotor is a fan rotor 64.
Response to Arguments
With regard to claim 1, applicant argues that Howell lacks the specific teaching of “a compressor rotor coupled to the differential gear train through the sun gear.” In the previous action, the compressor rotor was inadvertently labeled “156” instead of “150g.” It can be shown, however, that location of the compressor 150g is the same as 156, a they are both coupled to the differential through the sun gear 134 (See Fig. 4B and Fig. 8 for example).
As also shown in the original rejection of claim 13, a compressor rotor can also be considered part 72 which is coupled to the differential geartrain through the second rotating element.
With regard to amended claim 13, Howell also teaches a shaft 90 coupled (not fixedly coupled to, only functionally coupled to) to the compressor rotor 72 at a first shaft end and the second rotating element (e.g. 132) at a second end. Given claims 14-16, the interpretation of “coupled to the differential geartrain through a rotating element” only requires a part to be functionally coupled to a rotating element of the differential geartrain.
As currently claimed in claims 1 and 13, the invention only requires a differential gear train that is functionally coupled to a first turbine rotor, a second turbine rotor and a compressor rotor. Howell teaches these elements.
Applicant’s arguments have been considered, but are not persuasive.
Allowable Subject Matter
Claim 20 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to show or render obvious the assembly for an aircraft as claimed, and particularly including a compressor rotor coupled to the differential geartrain through the sun gear; an actuator coupled to the differential geartrain through the ring gear; and an accessory gearbox comprising a gearbox geartrain, the first rotating assembly and the second rotating assembly coupled to the differential geartrain through the gearbox geartrain, and the actuator is fixedly coupled to a gear of the gearbox geartrain that is not fixed to a member of the differential geartrain, and including the remaining structure of claim 20.
Suggestions for Applicant
Should applicant amend the dependent claims (from claims 2-11 and 14-19) to depend upon claim 20 and remove/cancel any redundant limitations/claims, applicant would not need to file a terminal disclaimer.
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 mailing date of this final action.
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
February 17, 2026