DETAILED ACTION
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 in response to the above application filed on 12/17/2024 which is a Continuation of U.S. Application 18/370,505 filed on 09/20/2023, now U.S. Patent Number 12,188,417. Claims 1 – 19 are examined.
Claim Objections
Claims 1, 3, and 18 are objected to because of the following informalities:
Claim 1, l. 5 “intermediate gears and including” is believed to be in error for --intermediate gears [[and]] , the carrier including--.
Claim 3, ll. 1 - 2 “static baffle is annular is disposed” is believed to be in error for --static baffle is annular and is disposed--.
Claim 18, ll. 1 - 2 “static baffle is annular is disposed” is believed to be in error for --static baffle is annular and is disposed--.
Appropriate correction is required.
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.
Claim 11 is 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.
Claim 11, l. 16 recites the limitation "the aft auxiliary reservoir". There is insufficient antecedent basis for this limitation in the claim since l. 14 only recited “an auxiliary reservoir”.
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 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of U.S. Patent No. 12,188,417. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1 and 2 of the instant application are generic to all that is recited in of Claim 1 of U.S. Patent No. 12,188,417. That is, Claim 1 of U.S. Patent No. 12,188,417 falls entirely within the scope of Claims 1 and 2 of the instant application or, in other words, Claims 1 and 2 of the instant application are anticipated by Claim 1 of U.S. Patent No. 12,188,417 because specific anticipates generic. As shown in Table 1 below (underlined limitations of patent correspond to limitations of the instant application), Claims 1 and 2 of the instant application are identical to or almost identical to Claim 1 of U.S. Patent No. 12,188,417. Claim 1, l. 12 of the instant application recites “an output shaft” which is generic to the specific “a fan shaft” recited by Claim 1 of U.S. Patent No. 12,188,417. Therefore Claims 1 and 2 of the instant application are anticipated by Claim 1 of U.S. Patent No. 12,188,417 since specific anticipates generic.
Table 1
U.S. Patent No. 12,188,417
Instant Application
1. A fan drive gear system for a turbine engine comprising:
1. A fan drive gear system for a turbine engine comprising:
a sun gear configured to be driven by an engine shaft rotatable about an axis;
a sun gear configured to be driven by an engine shaft rotatable about an axis;
a plurality of intermediate gears intermeshed with the sun gear;
a plurality of intermediate gears intermeshed with the sun gear;
a ring gear assembly engaged with the plurality of intermediate gears, the ring gear configured for attachment to a static structure;
a ring gear assembly engaged with the plurality of intermediate gears;
a carrier supporting rotation of the plurality of intermediate gears, the carrier is configured for rotation about the axis and includes a rotating oil inlet;
a carrier supporting rotation of the plurality of intermediate gears and
including a rotating oil inlet;
a rotating gutter attached to the carrier;
a rotating gutter attached to the carrier;
*** see below these limitations are recited by Claim 2 of instant application ***
a static baffle disposed radially outward of the transfer bearing and configured to communicate oil expelled from the transfer bearing into the rotating gutter;
a static baffle where
expelled oil is directed into the rotating gutter;
an aft auxiliary reservoir disposed radially outward of the rotating gutter;
an auxiliary reservoir disposed radially outward of the rotating gutter;
an oil receiving surface that is configured to receive expelled oil from the rotating gutter and communicate the oil into the aft auxiliary reservoir; and
an oil receiving surface that is configured to receive expelled oil from the rotating gutter and communicate the oil into the auxiliary reservoir; and
a fan shaft coupled to the carrier.
an output shaft coupled to the carrier.
a transfer bearing fixed to a static engine structure and engaged to communicate oil to the rotating oil inlet;
2. The fan drive gear system as recited in claim 1, further comprising
a transfer bearing fixed to a static engine structure and engaged to communicate oil to the rotating oil inlet of the carrier.
Claims 3 - 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over corresponding Claims 2 and 4 - 10 of U.S. Patent No. 12,188,417. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 3 - 10 of the instant application are generic to all that is recited in of Claim 1 of U.S. Patent No. 12,188,417. That is, corresponding Claims 2 and 4 - 10 of U.S. Patent No. 12,188,417 falls entirely within the scope of Claims 3 - 10 of the instant application or, in other words, Claims 3 - 10 of the instant application are anticipated by corresponding Claims 2 and 4 - 10 of U.S. Patent No. 12,188,417 because specific anticipates generic. Table 2 below shows Claims 3 - 10 of the instant application which are identical to or almost identical to corresponding Claims 2 and 4 - 10 of U.S. Patent No. 12,188,417. Therefore Claims 3 - 10 of the instant application are anticipated by corresponding Claims 2 and 4 - 10 of U.S. Patent No. 12,188,417 since specific anticipates generic.
Table 2
U.S. Patent No. 12,188,417
Instant Application – Claims
9
3
2
4
4
5
5
6
6
7
7
8
8
9
10
10
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 11 of U.S. Patent No. 12,188,417. Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 11 of the instant application are generic to all that is recited in of Claim 11 of U.S. Patent No. 12,188,417. That is, Claim 11 of U.S. Patent No. 12,188,417 falls entirely within the scope of Claim 11 of the instant application or, in other words, Claim 11 of the instant application is anticipated by Claim 11 of U.S. Patent No. 12,188,417 because specific anticipates generic. As shown in Table 3 below (underlined limitations of patent correspond to limitations of the instant application), Claim 11 of the instant application is identical to or almost identical to Claim 11 of U.S. Patent No. 12,188,417. Claim 11, l. 4 of the instant application recites “fan drive gear system configured to drive the fan shaft,” which is not explicitly recited by Claim 11 of U.S. Patent No. 12,188,417. However, Claim 11 of U.S. Patent No. 12,188,417 recites “the fan shaft coupled to the carrier”; therefore the fan drive gear system of U.S. Patent No. 12,188,417 was “configured to drive the fan shaft” since the rotating carrier was the output portion of the fan drive gear system. Therefore Claim 11 of the instant application is anticipated by Claim 11 of U.S. Patent No. 12,188,417 since specific anticipates generic.
Table 3
U.S. Patent No. 12,188,417
Instant Application
11. A turbine engine assembly comprising:
11. A turbine engine assembly comprising:
a static engine structure;
a static engine structure;
a fan section including a fan shaft coupled to a hub supporting a plurality of blades rotatable about an axis;
a fan section including a fan shaft and
a plurality of blades rotatable about an axis;
a fan drive gear system
including a sun gear configured to be driven by an engine shaft rotatable about the axis, a plurality of intermediate gears intermeshed with the sun gear, a ring gear assembly engaged with the plurality of intermediate gears, the ring gear configured for attachment to the static engine structure, a carrier supporting rotation of the plurality of intermediate gears, the carrier is configured for rotation about the axis and includes a rotating oil inlet, and
a fan drive gear system configured to drive the fan shaft, the fan drive gear system including a sun gear configured to be driven by an engine shaft,
a plurality of intermediate gears intermeshed with the sun gear, a ring gear assembly engaged with the plurality of intermediate gears, the ring gear configured for attachment to the static engine structure, a carrier supporting rotation of the plurality of intermediate gears, the carrier
including a rotating oil inlet;
a rotating gutter attached to the carrier;
a rotating gutter attached to the carrier;
a transfer bearing fixed to the static engine structure and engaged to communicate oil to the rotating oil inlet;
a transfer bearing
engaged to communicate oil to the rotating oil inlet;
a static baffle disposed radially outward of the transfer bearing and configured to capture oil expelled from the transfer bearing into the rotating gutter;
a static baffle disposed radially outward of the transfer bearing and configured to capture oil expelled from the transfer bearing and direct the captured oil into the rotating gutter;
an aft auxiliary reservoir disposed radially outward of the rotating gutter;
an auxiliary reservoir disposed radially outward of the rotating gutter;
an oil receiving surface configured to receive expelled oil from the rotating gutter and communicate the oil into the aft auxiliary reservoir;
an oil receiving surface configured to receive expelled oil from the rotating gutter and communicate the oil into the aft auxiliary reservoir;
the fan shaft coupled to the carrier;
a primary lubricant system communicating lubricant to the fan drive gear system; and
a primary lubricant system communicating lubricant to the fan drive gear system; and
an auxiliary lubricant system including an auxiliary reservoir configured to receive lubricant expelled from the fan drive gear system and communicated through the aft auxiliary reservoir.
an auxiliary lubricant system
configured to receive lubricant expelled from the fan drive gear system and communicated to auxiliary reservoir.
Claims 12 - 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over corresponding Claims 12 - 17 of U.S. Patent No. 12,188,417. Dependent Claims 12 - 17 of the instant application are identical or substantially identical, i.e., different names are recited for the same item, to Claims 12 - 17 of U.S. Patent No. 12,188,417. Therefore Claims 12 - 17 of U.S. Patent No. 12,188,417 falls entirely within the scope of Claims 12 - 17 of the instant application or, in other words, Claims 12 - 17 of the instant application are anticipated by corresponding Claims 12 - 17 of U.S. Patent No. 12,188,417 because specific anticipates generic. Table 4 below shows Claims 12 - 17 of the instant application which are identical to or almost identical to corresponding Claims 12 - 17 of U.S. Patent No. 12,188,417. Therefore Claims 12 - 17 of the instant application are anticipated by corresponding Claims 12 - 17 of U.S. Patent No. 12,188,417 since specific anticipates generic.
Table 2
U.S. Patent No. 12,188,417
Instant Application – Claims
12
12
13
13
14
14
15
15
16
16
17
17
Allowable Subject Matter
Claims 18 and 19 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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORNE E MEADE whose telephone number is (571)270-7570. The examiner can normally be reached Monday - Friday 8-5 EST.
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/LORNE E MEADE/Primary Examiner, Art Unit 3741
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