DETAILED ACTION
Status of Claims
This action is in reply to the communication(s) mailed on 31 August 2026.
Claims 4-6 and 15-16 are withdrawn from consideration.
Claims 1-20 are pending.
Claims 1-3, 7-14, and 17-20 are being considered.
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 .
Response to Remarks
The arguments in response to the claims rejection under 35 U.S.C § 102(a)(1) and/or 35 U.S.C § 103 have been fully considered and in combination with the amendments are not found persuasive for the following reasons. The Applicant’s conclusory statement that the cited art does not disclose the claim amendment(s) because “nowhere does the cited art disclose…” is not found persuasive. The newly amended claim language has constituted a new grounds of rejection, commensurate with the originally cited art, albeit some structures, for example the embedded elements have been mapped to the prior art differently.
A new grounds for rejection is included in this Office Action, necessitated by amendment.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Examiner note: no 112(f) invocations have been identified by the Office:
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 7-14, and 17-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claims 1 and 12:
The amendments have introduced the following new matter added to the disclosure, “wherein the plurality of embedded elements comprise discrete rigid members spaced from and separate from the plurality of cavity walls,” (emphasis added). According to Merriam-Webster, the term “separate” is defined as: 1 a: set or kept apart : detached; b: archaic : solitary, secluded; c: immaterial, disembodied; 2 a: not shared with another : individual; b: often Separate : estranged from a parent body; 3 a: existing by itself : autonomous; b: dissimilar in nature or identity.” As can be seen in FIG. 9 of the Instant Application, the discrete rigid members 900 are connected to the cavity walls 455a, 455b. Further, paragraph [0088] discloses the embedded elements 900 extend from the first cavity wall 455a to the second cavity wall 455b. Thus the amendments have introduced new subject matter.
Further Regarding Claims 1 and 12:
The specification fails to describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention comprising, “wherein the plurality of embedded elements comprise discrete rigid members spaced from and separate from the plurality of cavity walls,” (emphasis added). According to Merriam-Webster, the term “separate” is defined as: 1 a: set or kept apart : detached; b: archaic : solitary, secluded; c: immaterial, disembodied; 2 a: not shared with another : individual; b: often Separate : estranged from a parent body; 3 a: existing by itself : autonomous; b: dissimilar in nature or identity.” As can be seen in FIG. 9 of the Instant Application, the discrete rigid members 900 are connected to the cavity walls 455a, 455b. Further, paragraph [0088] discloses the embedded elements 900 extend from the first cavity wall 455a to the second cavity wall 455b. Thus the amendments have introduced subject matter for which the Application is not in possession. As such, the written description fails to describe the, “discrete rigid members spaced from and separate from the plurality of cavity walls” (emphasis added) that is sought to be patented in such a way as to demonstrate the applicant was in possession of the invention that is claimed at the time of filing, therefore the disclosure fails to meet the "written description" requirement (See MPEP 2163).
Regarding Claims 2-3, 7-11, 13-14, and 17-20:
Claims 2-3, 7-11, 13-14, and 17-20 are rejected by virtue of dependence.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 7, 9-12, 14, 17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aguilera et al. (US 20210003074), hereafter referred to as Aguilera.
Regarding Claim 1, Aguilera discloses the following:
An airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) defining a spanwise direction, a chordwise direction, a root end, a tip end, a leading edge (164) end, and a trailing edge end, the airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) comprising:
a leading edge (164) extending from the leading edge (164) end;
a body (62; FIG. 10) extending along the spanwise direction between the root end and the tip end, the body (62; FIG. 10) comprising a plurality of cavity walls (walls of body portion surrounding 52; FIG. 10) defining a plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13),
each of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13) having an inlet (leading edge portion of 52; FIG. 10, 13) located at the leading edge (164);
a porous face sheet (66; FIG. 13) positioned on at least one inlet (leading edge portion of 52; FIG. 10, 13) of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13); and
a plurality of embedded elements (porous foam 54 in combination with the material 66 having resonant cavities, see [0117]; in combination with the screws 68, see [0120]; FIG. 13) contained within each of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13),
wherein the plurality of embedded elements (porous foam 54 in combination with the material 66 having resonant cavities, see [0117]; in combination with the screws 68, see [0120]; FIG. 13) comprise discrete rigid members (68) spaced from and separate from the plurality of cavity walls (walls of body portion surrounding 52; FIG. 10)(It is noted the screws hold the material 66 to the foam 54 in the cavity formed in 52, thus at least a portion of the screws are spaced from the walls forming the cavity 52.).
Regarding Claim 3, Aguilera discloses the following:
The airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) of claim 2,
wherein an angle is formed between the first embedded element (foam 54) and a plane defined by the chordwise direction, and wherein the angle is between thirty-five degrees and fifty-five degrees (at least a portion of the foam is formed within the space that would fall within the claimed angle range).
Regarding Claim 7, Aguilera discloses the following:
The airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) of claim 1,
wherein the airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) defines a pressure side and a suction side, wherein each of the porous face sheets (66; FIG. 13) of the plurality of porous face sheets (66; FIG. 13) are positioned on one of the suction side or the pressure side (as seen FIG. 13 both the pressure and suction sides have face sheets).
Regarding Claim 9, Aguilera discloses the following:
The airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) of claim 1,
wherein a cavity wall (circular wall of body portion surrounding 52; FIG. 10 of the plurality of cavity walls (walls of body portion surrounding 52; FIG. 10) is oriented obliquely relative to the spanwise direction and the chordwise direction (the circular shape provides the oblique orientation).
Regarding Claim 10, Aguilera discloses the following:
The airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) of claim 1,
wherein the porous face sheet (66; FIG. 13) is a plurality of porous face sheets (66; FIG. 13) and the airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) comprises a plurality of impermeable portions, wherein at least one impermeable portion is positioned between two porous face sheets (66; FIG. 13) of the plurality of porous face sheets (66; FIG. 13) along the spanwise direction (as seen in FIG. 10).
Regarding Claim 11, Aguilera discloses the following:
The airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) of claim 1,
wherein the airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) is an outlet guide vane for a propulsion system, wherein the propulsion system is a turbofan engine, a hybrid electric propulsion system, or an electric propulsion system, and wherein the propulsion system comprises a fan section (14, FIG. 1) having a fan, and wherein the outlet guide vane is positioned downstream of the fan.
Regarding Claim 12, Aguilera discloses the following:
A turbofan engine (FIG. 1) comprising:
a fan section (14, FIG. 1) that comprises a fan having a plurality of fan blades;
a turbomachine disposed downstream from the fan section (14, FIG. 1), the turbomachine comprising a compressor section, a combustion section, and a turbine section in serial flow arrangement (as seen in FIG. 1); and
a plurality of circumferentially-spaced outlet guide vanes (26; see [0070]) that are positioned downstream of the fan, wherein each of the outlet guide vanes define a spanwise direction, a chordwise direction, a root end, a tip end, a leading edge (164) end, and a trailing edge end, each of the outlet guide vanes comprising:
a leading edge (164) extending from the leading edge (164) end;
a body (62; FIG. 10) extending along the spanwise direction between the root end and the tip end, the body (62; FIG. 10) comprising a plurality of cavity walls (walls of body portion surrounding 52; FIG. 10) defining a plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13), each of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13) having an inlet (leading edge portion of 52; FIG. 10, 13) located at the leading edge (164);
a porous face sheet (66; FIG. 13) positioned on at least one inlet (leading edge portion of 52; FIG. 10, 13) of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13); and
a plurality of embedded elements (porous foam 54 in combination with the material 66 having resonant cavities, see [0117]; in combination with the screws 68, see [0120]; FIG. 13) contained within each of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13),
wherein the plurality of embedded elements (porous foam 54 in combination with the material 66 having resonant cavities, see [0117]; in combination with the screws 68, see [0120]; FIG. 13) comprise discrete rigid members (68) spaced from and separate from the plurality of cavity walls (walls of body portion surrounding 52; FIG. 10)(It is noted the screws hold the material 66 to the foam 54 in the cavity formed in 52, thus at least a portion of the screws are spaced from the walls forming the cavity 52.).
Regarding Claim 14, Aguilera discloses the following:
The turbofan engine of claim 12,
wherein the plurality of embedded elements (porous foam 54 in combination with the material 66 having resonant cavities, see [0117]; in combination with the screws 68, see [0120]; FIG. 13) include a second embedded element (central portion of the foam 54) contained within each of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13) and that does not contact any of the plurality of cavity walls (walls of body portion surrounding 52; FIG. 10). (It is noted, at least a central portion of the foam 54 is not in contact with the cavity.)
Regarding Claim 17, Aguilera discloses the following:
The turbofan engine of claim 12,
wherein the outlet guide vanes (outlet guide vanes 26, FIG. 1; see [0070]) defines a pressure side and a suction side, wherein each of the porous face sheets (66; FIG. 13) of the plurality of porous face sheets (66; FIG. 13) are positioned on one of the suction side or the pressure side (as seen FIG. 13 both the pressure and suction sides have face sheets).
Regarding Claim 19, Aguilera discloses the following:
The turbofan engine of claim 12,
wherein a cavity wall (circular wall of body portion surrounding 52; FIG. 10 of the plurality of cavity walls (walls of body portion surrounding 52; FIG. 10) is oriented obliquely relative to the spanwise direction and the chordwise direction (the circular shape provides the oblique orientation).
Regarding Claim 20, Aguilera discloses the following:
The turbofan engine of claim 12,
wherein the porous face sheet (66; FIG. 13) is a plurality of porous face sheets (66; FIG. 13) and the outlet guide vanes (outlet guide vanes 26, FIG. 1; see [0070]) comprises a plurality of impermeable portions, wherein at least one impermeable portion is positioned between two porous face sheets (66; FIG. 13) of the plurality of porous face sheets (66; FIG. 13) along the spanwise direction (as seen in FIG. 10).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aguilera et al. (US 20210003074), hereafter referred to as Aguilera, in view of Cedar et al (US 20190270504), hereafter referred to as Cedar.
Regarding Claim 2, Aguilera discloses the following:
The airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) of claim 1,
wherein the plurality of cavity walls (walls of body portion surrounding 52; FIG. 10) include a first cavity wall and a second cavity wall that respectively define one of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13), and wherein the plurality of embedded elements (porous foam 54 in combination with the material 66 having resonant cavities, see [0117]; in combination with the screws 68, see [0120]; FIG. 13) include a first embedded element (foam 54) that extends continuously from a first cavity wall to a second cavity wall (the foam 54 is shown to fill the space between the walls; FIG. 10) within each of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13).
Aguilera does not explicitly disclose the following:
wherein the plurality of embedded elements (specifically the covering portion 66 having resonant cavities of the embedded elements) form a sequential X-shaped pattern.
However Cedar teaches the following:
wherein the plurality of embedded elements (acoustic liner 118, FIG. 2A) form a sequential X-shaped pattern (as shown in the embodiments in for example FIG. 5C, 7C, 7F, 9D, 10A, 12C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the resonant cavity arrangement having an unknown cross sectional shape, as disclosed by Aguilera, with the resonant cavity arrangement having a known cross sectional shape, as disclosed by Cedar, with the reasonable expectation of successfully dampening or attenuating sound waves, including, for example, noise generated by or emanating from various aspects or components of turbomachines such as turbine engines (see Cedar, [0001]). The Examiner notes, the simple substitution of the resonant cavity arrangement of Aguilera with the resonant cavity arrangement of Cedar yields the predictable result (see for example [0016] of Aguilera and [0001] of Cedar) of sound attenuation (i.e. substituting one known means to attenuate sound with another known means to attenuate sound). This rationale further supports a conclusion of obviousness to one of ordinary skill in the art before the effective filing date of the claimed invention (see MPEP 2143, I, B).
Regarding Claim 13, Aguilera discloses the following:
The turbofan engine of claim 12,
wherein the plurality of cavity walls (walls of body portion surrounding 52; FIG. 10) include a first cavity wall and a second cavity wall that respectively define one of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13), wherein the plurality of embedded elements (porous foam 54 in combination with the material 66 having resonant cavities, see [0117]; in combination with the screws 68, see [0120]; FIG. 13) include a first embedded element (foam 54) that extends continuously from a first cavity wall to a second cavity wall within each of the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13), wherein an angle is formed between the first embedded element (foam 54) and a plane defined by the chordwise direction, and wherein the angle is between thirty-five degrees and fifty-five degrees (at least a portion of the foam is formed within the space that would fall within the claimed angle range).
Aguilera does not explicitly disclose the following:
wherein the plurality of embedded elements (specifically the covering portion 66 having resonant cavities of the embedded elements) form a sequential X-shaped pattern.
However Cedar teaches the following:
wherein the plurality of embedded elements (acoustic liner 118, FIG. 2A) form a sequential X-shaped pattern (as shown in the embodiments in for example FIG. 5C, 7C, 7F, 9D, 10A, 12C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the resonant cavity arrangement having an unknown cross sectional shape, as disclosed by Aguilera, with the resonant cavity arrangement having a known cross sectional shape, as disclosed by Cedar, with the reasonable expectation of successfully dampening or attenuating sound waves, including, for example, noise generated by or emanating from various aspects or components of turbomachines such as turbine engines (see Cedar, [0001]). The Examiner notes, the simple substitution of the resonant cavity arrangement of Aguilera with the resonant cavity arrangement of Cedar yields the predictable result (see for example [0016] of Aguilera and [0001] of Cedar) of sound attenuation (i.e. substituting one known means to attenuate sound with another known means to attenuate sound). This rationale further supports a conclusion of obviousness to one of ordinary skill in the art before the effective filing date of the claimed invention (see MPEP 2143, I, B).
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aguilera et al. (US 20210003074), hereafter referred to as Aguilera.
Regarding Claims 8 and 18, Aguilera discloses the following:
The airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) of claim 1, and the turbofan engine of claim 12, (respectively)
wherein the airfoil (airfoil portion of outlet guide vane 26, FIG. 1; see [0070]) includes a cavity group that comprises the plurality of cavities (52 in combination with resonant cavities of material 66, see [0117]; FIG. 10, 13), wherein the cavity group comprises a first cavity (square shaped cavity) having a first depth and a second cavity (circular shaped cavity) having a second depth (FIG. 10 show first and second cavities having different depths),
Aguilera does not explicitly disclose the following:
wherein the first depth differs from the second depth by at least ten percent and up to two thousand percent.
However the Examiner notes the following:
MOTIVAITON STATEMENT
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the depth of the first and second cavities, as disclosed by Aguilera, wherein the first depth differs from the second depth by at least ten percent and up to two thousand percent, with the reasonable expectation of successfully influencing the frequency noise range to be attenuated, as taught by Aguilera (see [0033]). Therein it is known that the size of the cavities (which includes the depth) is a result effective variable effecting the frequency noise range to be attenuated (see [0033]). Therein an optimization of the cavities size (including depth), could be undertaken following the extension of the same logic, as disclosed by Aguilera, under the same known conditions, and using the same result effective variable (see MPEP 2144.05).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN C DELRUE whose telephone number is (313)446-6567. The examiner can normally be reached on Monday - Friday; 9:00 AM - 5:00 PM (Eastern).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel E. Wiehe can be reached on (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN CHRISTOPHER DELRUE/Examiner, Art Unit 3745
