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 .
Drawings
The drawings are objected to because while the figures have reference numbers, they do not have labels. The figures need both reference numbers and labels. (See MPEP 608.02(b) ¶ 6.22) 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.
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 twin-spool turbine engine, three-spool turbine engine, the first and second turbines, and the first and second turbine shafts, 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.
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.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 14-17 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.
Regarding claim 14, line 5, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For compact prosecution, the Examiner is interpreting the limitations following the phrase as optional and therefore not part of the claimed invention.
Regarding claim 14, line 6, the phrase "particularly" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For compact prosecution, the Examiner is interpreting the limitations following the phrase as optional and therefore not part of the claimed invention.
Regarding claim 15, last line, ends in a semicolon instead of a period. This makes it unclear if this is a typo and the semi-colon should be a period or if part of the claim is missing. For compact prosecution, the Examiner is interpreting “consumption;” in claim 15, lines line, as -- consumption. --.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 limitations are already in claim 11 without providing additional limitations. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 11-21 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Husband et al. (EP Pub No. 3,793,050 A1).
Regarding claims 11, 18, 20, & 21
Husband teaches an aircraft (See paragraph 0002) including a system; the system for managing the drawing of mechanical power from an assembly, the assembly including a twin-spool or three-spool aircraft turbine engine (See paragraphs 0002, 0035-0036 & figures 1-10, ref # 101) comprising at least a first turbine (See paragraph 0036 & figures 1-10, ref # 107/HP) and a second turbine, (See paragraph 0036 & figures 1-10, ref # 108/LP) wherein at least a first electric machine (See paragraphs 0035-0043 & figures 1-10, ref # 111) and a second electric machine (See paragraphs 0035-0043 & figures 1-10, ref # 113) are suitable for recovering mechanical energy: for said first electric machine, (See paragraphs 0035-0043 & figures 1-10, ref # 111) from a shaft driven by the first turbine (See paragraphs 0035-0043 & figures 1-10, ref # 107) of the turbine engine, (See paragraphs 0035-0043 & figures 1-10, ref # 101) for said second electric machine, (See paragraphs 0035-0043 & figures 1-10, ref # 113) from a shaft driven by the second turbine (See paragraphs 0035-0043 & figures 1-10, ref # 108) of the turbine engine, (See paragraphs 0035-0043 & figures 1-10, ref # 101) and wherein said system includes: a managing unit (See paragraphs 0045-0048 & figures 1-10, ref # 115) which controls the draws of electrical power and the electrical distribution across the different equipment items and consumption systems of the aircraft, (See paragraphs 0045-0048) and control unit (See paragraphs 0073-0079 & figures 1-10, ref # 117/202) suitable for transmitting a distribution of the draws which it determines according to the flight phase (See paragraph 0041) of the aircraft, to said managing unit, (See figures 1-10, ref # 115) said control unit (See figures 1-10, ref # 202) being suitable for storing draw distribution rules for different optimization logics, (See paragraph 0041, improve operability) said stored draw distribution rules corresponding to optimization logics chosen from among the following group: optimization of the specific fuel consumption (See paragraph 0041) and/or optimization of the thrust (See paragraph 0041) and/or optimization of the acceleration times (See paragraph 0041) and/or optimization of the turbine outlet temperature. (See paragraph 0062)
While Husband does not use the word optimization, Husband teaches improving operability (See paragraph 0041) which is optimization. Further, even if improving operability isn’t quite the same as optimization, it is obvious to optimize known parameters through routine experimentation with a reasonable expectation of success. (See MPEP 2144.05 II A)
Fuel consumption, thrust acceleration times, as turbine outlet temperatures are either specifically mentioned by Husband and/or are parameters of flight control.
Regarding claim 12
The operation of the apparatus of claim 11 meets the limitation of the method of claim 12.
Regarding claim 13
Husband teaches wherein the control unit (See figures 1-10, ref # 202) implements, as a function of items of information transmitted by the aircraft, the determining of the flight phase (See paragraph 0041) in which the aircraft is found, and transmits, to a managing system (See figures 1-10, ref # 115 & 117/202) which controls the draws of electrical power, a distribution to be applied, said distribution being a function of an optimization logic specific to the flight phase thus determined. (See paragraphs 0041, 0045-0048)
Regarding claim 14
Husband teaches wherein the determining of the flight phase (See paragraph 0041) and of the distribution by the control unit is a function of input data comprising: the flight data of the aircraft; (See paragraphs 0041-0046) the thrust requirement and/or the position of the throttle; (See paragraph 0041) data supplied by the airplane sensors (See paragraphs 0041-0046 & 0067-0069) such as gears extended and gears folded, and data supplied by the sensors of the turbine engine, (See paragraphs 0041-0046 & 0067-0069) particularly to define the transient/stabilized state thereof.
Regarding claim 15
Husband teaches wherein the optimization logics of the different flight phases (See paragraph 0041) comprise: take-off: optimization of the specific fuel consumption; climb: optimization of the specific fuel consumption; and cruise: optimization of the specific fuel consumption. (See paragraph 0041)
Regarding claim 16
Husband teaches wherein the optimization logics of the different flight phases (See paragraph 0041) further comprise: descent: optimization of the thrust; (See paragraph 0041) landing approach: optimization of the acceleration times; (See paragraph 0041) and ground idle: optimization of the turbine outlet temperature. (See paragraph 0062)
Regarding claim 17
Husband teaches wherein said stored draw distribution rules take into account the altitude of said aircraft. (See paragraphs 0067-0069)
Regarding claim 19
Husband teaches wherein the turbine engine (See paragraphs 0035-0036 & figures 1-10, ref # 101) is of twin-spool type, (See paragraph 0002) the electric machines (See figures 1-10, ref # 111 & 113) being two generators (See paragraphs 0041-0043) suitable for recovering the mechanical energy, one from the high-pressure shaft (See paragraphs 0002 & 0041) of the turbine engine, (See figures 1-10, ref # 101) the other from the low-pressure shaft. (See paragraphs 0043)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references Chesneau et al. (EP Pub No. 3,749,844 B1), Vive et al. (WO Pub No. 2022/101586 A1), & Cuvillier et al. (FR Pub No. 3,097,012 A1) each have the same Assignee, are more than a year prior to the priority date of the Instant Application, and disclose an aircraft, a system, assembly, and method, for managing the drawing of mechanical power from a twin-spool or three-spool aircraft turbine engine comprising at least a first (HP) turbine and a second (LP) turbine, wherein at least a first electric machine and a second electric machine are suitable for recovering mechanical energy: for said first electric machine, from a shaft driven by the first turbine of the turbine engine, for said second electric machine, from a shaft driven by the second turbine of the turbine engine, and wherein said system includes: a managing unit which controls the draws of electrical power and the electrical distribution across the different equipment items and consumption systems of the aircraft, and control unit suitable for transmitting a distribution of the draws which it determines according to the flight phase of the aircraft, to said managing unit, said control unit being suitable for storing draw distribution rules for different optimization logics, said stored draw distribution rules corresponding to optimization logics chosen from among the following group: optimization of the specific fuel consumption and/or optimization of the thrust and/or optimization of the acceleration times and/or optimization of the turbine outlet temperature; wherein the control unit implements, as a function of items of information transmitted by the aircraft, the determining of the flight phase in which the aircraft is found, and transmits, to a managing system which controls the draws of electrical power, a distribution to be applied, said distribution being a function of an optimization logic specific to the flight phase thus determined; wherein the determining of the flight phase and of the distribution by the control unit is a function of input data comprising: the flight data of the aircraft; the thrust requirement and/or the position of the throttle; data supplied by the airplane sensors such as gears extended and gears folded, and data supplied by the sensors of the turbine engine, particularly to define the transient/stabilized state thereof; wherein the optimization logics of the different flight phases comprise: take-off: optimization of the specific fuel consumption; climb: optimization of the specific fuel consumption; and cruise: optimization of the specific fuel consumption; wherein the optimization logics of the different flight phases further comprise: descent: optimization of the thrust; landing approach: optimization of the acceleration times; and ground idle: optimization of the turbine outlet temperature; wherein said stored draw distribution rules take into account the altitude of said aircraft; and wherein the turbine engine is of twin-spool type, the electric machines being two generators suitable for recovering the mechanical energy, one from the high-pressure shaft of the turbine engine, the other from the low-pressure shaft.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY ANDREW BONNETTE whose telephone number is (571)270-7556. The examiner can normally be reached M-Th 6:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at 571-272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RODNEY A BONNETTE/Primary Examiner, Art Unit 3647
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