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 .
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.
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Claims 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 12203411 in view of Broughton (US 20130161093).
Instant application 19/001,647
Patent US 12203411
1. A gas turbine engine defining an axial direction and a radial direction and comprising:
a turbomachine having a compressor section, a combustion section, and a turbine section in serial flow order;
a fan section comprising a fan rotatable by the turbomachine;
a nacelle comprising an inner wall defining an inner surface; and
an engine controller mounted to or positioned adjacent to the inner wall of the nacelle, wherein the nacelle defines an inner surface radius (r) along the radial direction inward of the engine controller, wherein the engine controller defines a radial height (∆r) along the radial direction, a total volume (V), and a normalized radius (r'), wherein the normalized radius (r') is a ratio of the inner surface radius (r) to the total volume (V) to cube root, and wherein these parameters are related by the following equation:
0.1
(
r
'
)
-
1
<
∆
r
r
<
K
(
r
'
)
-
4
3
wherein the normalized radius (r') is between 1.25 and 8 and K is equal to 40%, or the normalized radius (r') is between 2.75 and 4.5 and K is equal to 65%.
1. A gas turbine engine defining an axial direction and a radial direction and comprising:
a turbomachine having a compressor section, a combustion section, and a turbine section
in serial flow order;
a fan section comprising a fan rotatable by the turbomachine;
a nacelle enclosing the fan and defining at least in part a bypass passage with the
turbomachine; and
an engine controller positioned within the nacelle, wherein the nacelle defines an inner
surface radius (r) along the radial direction inward of the engine controller, wherein the engine controller defines a radial height (r) along the radial direction, a total volume (V), and a normalized radius (r'), wherein the normalized radius (r') is a ratio of the inner surface radius (r) to the total volume (V) to cube root, and wherein these parameters are related by the following equation:
0.1
(
r
'
)
-
1
<
∆
r
r
<
K
(
r
'
)
-
4
3
wherein the normalized radius (r') is between 1.25 and 8 and K is equal to 40%, or the
normalized radius (r') is between 2.75 and 4.5 and K is equal to 65%.
2. The gas turbine engine of claim 1, wherein the normalized radius (r') is between 1.25 and 8 and K is equal to 40%, wherein the engine controller comprises a top face defining a surface area, wherein the surface area is greater than or equal to 254 square inches and less than or equal to 2043 square inches, and wherein the inner surface radius (r) is greater than or equal to 17 inches and less than or equal to 84 inches, wherein the total volume (V) is greater than or equal to 500 inches cubed and less than or equal to 3000 inches cubed, wherein the radial height (∆r) is greater than or equal to 0.5 inches and less than or equal to 8 inches.
2. The gas turbine engine of claim 1, wherein the normalized radius (r') is between 1.25 and 8 and K is equal to 40%, wherein the engine controller comprises a top face defining a surface area, wherein the surface area is greater than or equal to 254 square inches and
less than or equal to 2043 square inches, and wherein the inner surface radius (r) is greater than or equal to 17 inches and less than or equal to 84 inches, wherein the total volume (V) is greater than or equal to 500 inches cubed and less than or equal to 3000 inches cubed, wherein the radial height (∆r) is greater than or equal to 0.5 inches and less than or equal to 8 inches.
3. The gas turbine engine of claim 1, wherein the engine controller comprises a computing assembly having at least a processor and memory.
3. The gas turbine engine of claim 1, wherein the engine controller comprises a computing assembly having at least a processor and memory.
4. The gas turbine engine of claim 3, wherein the engine controller is configured to receive one or more inputs and provide one or more control instructions for the gas turbine engine.
4. The gas turbine engine of claim 3, wherein the engine controller is configured to receive one or more inputs and provide one or more control instructions for the gas turbine engine.
5. The gas turbine engine of claim 4, wherein the one or more inputs comprise data indicative of an engine operating condition, data indicative of a flight condition or a flight mode, data indicative of a control decision from an operator, or a combination thereof.
5. The gas turbine engine of claim 4, wherein the one or more inputs comprise data indicative of an engine operating condition, data indicative of a flight condition or a flight mode, data indicative of a control decision from an operator, or a combination thereof.
6. The gas turbine engine of claim 4, wherein the one or more control instructions for the gas turbine engine comprise one or more control signals relating to: a fuel flow to the gas turbine engine, operation of one or more variable geometry components, operation of one or more actuators, operation of one or more accessory systems of the gas turbine engine, power extraction or power addition commands for one or more electric machines, or a combination thereof.
6. The gas turbine engine of claim 4, wherein the one or more control instructions for the gas turbine engine comprise one or more control signals relating to: a fuel flow to the gas turbine engine, operation of one or more variable geometry components, operation of one or more actuators, operation of one or more accessory systems of the gas turbine engine, power extraction or power addition commands for one or more electric machines,
or a combination thereof.
7. The gas turbine engine of claim 6, wherein the one or more accessory systems comprises an active clearance control, a thermal management system, a de-icing system, an anti-icing system, a lubrication system, or a combination thereof.
7. The gas turbine engine of claim 6, wherein the one or more accessory systems comprises an active clearance control, a thermal management system, a de-icing system,
an anti-icing system, a lubrication system, or a combination thereof.
8. The gas turbine engine of claim 4, wherein the one or more control instructions for the gas turbine engine comprise one or more control signals relating to: a fuel flow to the gas turbine engine, operation of one or more variable geometry components, or a combination thereof.
8. The gas turbine engine of claim 4, wherein the one or more control instructions for the gas turbine engine comprise one or more control signals relating to: a fuel flow to the gas turbine engine, operation of one or more variable geometry components, or a combination thereof.
9. The gas turbine engine of claim 3, wherein the engine controller comprises a casing housing the processor and memory.
9. The gas turbine engine of claim 3, wherein the engine controller comprises a casing housing the processor and memory.
10. The gas turbine engine of claim 1, wherein the engine controller comprises a full authority digital engine control controller.
10. The gas turbine engine of claim 1, wherein the engine controller comprises a full authority digital engine control controller.
11. The gas turbine engine of claim 1, wherein the engine controller comprises a casing defining a curved profile in a reference plane perpendicular to the axial direction, wherein the engine controller comprises one or more circuit boards, and wherein the one or more circuit boards define a curved profile in the reference plane perpendicular to the axial direction.
11. The gas turbine engine of claim 1, wherein the engine controller comprises a casing defining a curved profile in a reference plane perpendicular to the axial direction, wherein the engine controller comprises one or more circuit boards, and wherein the one or more circuit boards define a curved profile in the reference plane perpendicular to the axial direction.
12. The gas turbine engine of claim 1, wherein the engine controller comprises a plurality of discrete boxes spaced along a circumferential direction of the gas turbine engine, along the axial direction of the gas turbine engine, or both.
12. The gas turbine engine of claim 1, wherein the engine controller comprises a plurality of discrete boxes spaced along a circumferential direction of the gas turbine engine, along the axial direction of the gas turbine engine, or both.
13. The gas turbine engine of claim 1, wherein the inner surface radius (r) is defined by the inner surface, and wherein the inner wall comprises a base layer and a supplemental layer.
The gas turbine engine of claim 1, wherein the outer nacelle comprises an inner wall defining an inner surface, wherein the inner surface radius (r) is defined by the inner surface, and wherein the inner wall comprises a base layer and a supplemental layer.
The examiner has underlined the differences between each of the claims in the comparison table above. Although the claims at issue are not identical, they are not patentably distinct from each other because they are not patentably distinct from one another. The application claims are broader in at least one aspect and also recite additional features not claimed in the patent claims.
Regarding the broadening aspect of the application claim(s), the preceding comparison between the patent claim(s) and the application claim(s) highlights (see underlined features in the patent claim(s)) what elements have been excluded in the presentation of the application claim(s).
Thus it is apparent, for the broadening aspect, that patent claim 1 includes features that are not in application claim 1. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent 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 application claim 1 is anticipated by patent claim 1, with respect to the broadening aspect, then application claim 1 is obvious over patent claim 1 with respect to the broadening aspect.
For dependent claim(s) 2-13, the recited limitation(s) are contained in patent claim(s) 2-13, respectively.
The obviousness-type aspect of the rejection will be discussed below.
Regarding claim 1, claim 1 of US patent 12203411 discloses the limitations of claim 1 as shown in the comparison table above except for the engine controller mounted to or positioned adjacent to the inner wall of the nacelle.
Broughton teaches an inner wall of the nacelle (Figure 2 shows inner walls of the nacelle facing radially inwardly on the top side and bottom side (24) of the nacelle 23. Either meets the limitations of the inner wall of the nacelle) with the engine controller mounted to or positioned adjacent to the inner wall of the nacelle (Par. 0081 describes that the raft that is mounted inside the nacelle and is thereby mounted adjacent the inner wall of the nacelle. The inclusion of a processor is described in paragraph 0053). As claim 1 of US 12203411 already describes an engine controller positioned within the nacelle, providing the mount adjacent the inner wall of the nacelle as shown in Broughton would provide predictable results in the mount of US 12203411. Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the mount adjacent the inner wall of the nacelle as shown in Broughton for the engine controller mount of US 12203411 because combining prior art elements according to known methods is obvious with predictable results. See MPEP 2143(I)(A).
The rejections of claims 2-13 are described in the broadening aspect discussion above.
Claims 14-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14-20 of U.S. Patent No. 12203411. Although the claims at issue are not identical, they are not patentably distinct from each other because the application claims are broader in at least one aspect.
Instant application 19/001,647
Patent US 12203411
14. An engine controller for a gas turbine engine defining an axial direction and a radial direction, the gas turbine engine having a nacelle comprising an inner wall defining an inner surface, wherein the nacelle defines an inner surface radius (r) along the radial direction inward of the engine controller, the engine controller comprising:
a casing defining an enclosure, the enclosure having a total volume (V), wherein the engine controller defines a radial height (∆r) along the radial direction when installed in the gas turbine engine and a normalized radius (r') when installed in the gas turbine engine, wherein the normalized radius (r') is a ratio of the inner surface radius (r) to the total volume (V) to cube root, and wherein these parameters are related by the following equation:
0.1
(
r
'
)
-
1
<
∆
r
r
<
K
(
r
'
)
-
4
3
wherein the normalized radius (r') is between 1.25 and 8 and K is equal to 40%, or the normalized radius (r') is between 2.75 and 4.5 and K is equal to 65%.
14. An engine controller for a gas turbine engine comprising a turbomachine and defining an axial direction and a radial direction, the gas turbine engine having
a nacelle enclosing a fan and defining at least in part a bypass passage with the turbomachine, wherein the nacelle defines an inner surface radius (r) along the radial direction inward of the engine controller, the engine controller comprising:
a casing defining an enclosure, the enclosure having a total volume (V), wherein the
engine controller defines a radial height (r) along the radial direction when installed in the gas turbine engine and a normalized radius (r') when installed in the gas turbine engine, wherein the normalized radius (r') is a ratio of the inner surface radius (r) to the total volume (V) to cube root, and wherein these parameters are related by the following equation:
0.1
(
r
'
)
-
1
<
∆
r
r
<
K
(
r
'
)
-
4
3
wherein the normalized radius (r') is between 1.25 and 8 and K is equal to 40%, or the
normalized radius (r') is between 2.75 and 4.5 and K is equal to 65%.
15. The engine controller of claim 14, further comprising a processor and memory positioned within the casing.
15. The engine controller of claim 14, further comprising a processor and memory positioned within the casing.
16. The engine controller of claim 15, wherein the engine controller is configured to receive one or more inputs and provide one or more control instructions for the gas turbine engine.
16. The engine controller of claim 15, wherein the engine controller is configured to receive one or more inputs and provide one or more control instructions for the gas turbine engine.
17. The engine controller of claim 16, wherein the one or more inputs comprise data indicative of an engine operating condition, data indicative of a flight condition or a flight mode, data indicative of a control decision from an operator, or a combination thereof.
17. The engine controller of claim 16, wherein the one or more inputs comprise data indicative of an engine operating condition, data indicative of a flight condition or a flight mode, data indicative of a control decision from an operator, or a combination thereof.
18. The engine controller of claim 16, wherein the one or more control instructions for the gas turbine engine comprise one or more control signals relating to: a fuel flow to the gas turbine engine, operation of one or more variable geometry components, operation of one or more actuators, operation of one or more accessory systems of the gas turbine engine, power extraction or power addition commands for one or more electric machines, or a combination thereof.
18. The engine controller of claim 16, wherein the one or more control instructions for the gas turbine engine comprise one or more control signals relating to: a fuel flow to the gas turbine engine, operation of one or more variable geometry components, operation of one or more actuators, operation of one or more accessory systems of the gas
turbine engine, power extraction or power addition commands for one or more electric machines, or a combination thereof.
19. The engine controller of claim 18, wherein the one or more accessory system comprises an active clearance control, a thermal management system, a de-icing system, an anti-icing system, a lubrication system, or a combination thereof.
19. The engine controller of claim 18, wherein the one or more accessory system comprises an active clearance control, a thermal management system, a de-icing system, an anti-icing system, a lubrication system, or a combination thereof.
20. The engine controller of claim 15, wherein the engine controller comprises a full authority digital engine control controller.
20. The engine controller of claim 15, wherein the engine controller comprises a full authority digital engine control controller.
The examiner has underlined the differences between each of the claims in the comparison table above.
Regarding the broadening aspect of the application claim(s), the preceding comparison between the patent claim(s) and the application claim(s) highlights (see underlined features in the patent claim(s)) what elements have been excluded in the presentation of the application claim(s).
Thus it is apparent, for the broadening aspect, that patent claim 14 includes features that are not in application claim 14. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent 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 application claim 14 is anticipated by patent claim 14, with respect to the broadening aspect, then application claim 14 is obvious over patent claim 14 with respect to the broadening aspect.
For dependent claim(s) 15-20, the recited limitation(s) are contained in patent claim(s) 15-20, respectively.
Conclusion
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/THEODORE C RIBADENEYRA/ Examiner, Art Unit 3745
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