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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
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 following must be shown or the feature(s) canceled from the claim(s).
“a radial component” of claim 17
“a cavity having an opening in a radial plane” of claim 14
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.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they similarly recite a turbine generator assembly comprising: a turbine configured to be supplied with combustion gases by a combustion device; a compressor mechanically coupled to the turbine by a central element; and a motor-generator axially offset from the compressor and mechanically coupled to the turbine and the compressor by the central element, wherein the turbine generator assembly comprises an angular position detector of the central element, the angular position detector comprising: a target attached to one end of the central element, and an inductive sensor stationary relative to a stator of the motor-generator.
Claim 7 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite wherein the target includes an insulating surface and a metallic radial element.
Claim 12 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite wherein the motor-generator comprises a rotor attached to the central element and comprising a bipolar rotor magnet device.
Claim 13 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite wherein the motor-generator comprises a rotor attached to the central element and comprising a rotor magnet device located inside the central element.
Claim 14 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite wherein the central element comprises a cavity having an opening in a radial plane and located at one end of the central element, the rotor magnet device being located in the cavity.
Claim 15 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite a turbine generator assembly comprising: a first radial bearing located axially between the turbine and the compressor and designed to guide the central element in rotation; and a second radial bearing located axially between the compressor and the motor-generator and designed to guide the central element in rotation,
Claim 16 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite wherein the first radial bearing and the second radial bearing are the only radial bearings of the turbine generator assembly.
Claim 17 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite comprising an air pipe leading to the compressor, the air pipe being located between the compressor and the second radial bearing and having a radial component.
Claim 18 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite wherein the central element is made of a single piece or of a plurality of pieces attached together so as to rotate integrally.
Claim 19 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite wherein the central element has a diameter greater than 15 mm and less than 40 mm.
Claim 20 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of copending Application No. 19/111997 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite a power generation unit or energy cogeneration unit comprising a turbine generator assembly according to claim 1.
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8, “so that it is arranged” should be changed to “so that the metallic radial element is arranged”
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.
Claims 14 and 17 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 14 is indefinite because the recitation of “wherein the central element comprises a cavity having an opening in a radial plane and located at one end of the central element” and paragraph 0072 of the specification recitation of "The cavity 11 preferably comprises an opening leading axially onto the end 12 of the central element." The conflicting directions are unclear which is the correct direction the Applicant intended. However, the Applicant’s figure 2 aligns with the specification showing the cavity comprising an opening leading axially to the end of the central element.
For examining purposes, the Examiner is interpreting the claim 10 as the cavity having an opening leading axially to the end of the central elements as supported by the specification and figure 2.
Claim 17 recitation of the air pipe having “a radial component” is vague and indefinite because it is unclear exactly what is the radial component. Paragraph 0075 of the Applicant’s specification seem to indicate the radial component is an air passageway of the air pipe.
For examining purposes, the Examiner is interpreting the radial component as an air path in a radial direction from the central element.
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.
Claims 1-5, 7, 8, 12, 13, 15-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gilbreth (US 2002/0149205), in view of Lutz (US 6,693,422).
Regarding claim 1, Gilbreth discloses a turbine generator assembly comprising:
a turbine (31 of Figure 1) configured to be supplied with combustion gases (Para. 0023-0024) by a combustion device (14 of Figure 1);
a compressor (30 of Figure 1) mechanically coupled to the turbine by a central element (36 of Figure 1);
a motor-generator (10 of Figure 1) axially offset from the compressor and mechanically coupled to the turbine and the compressor by the central element (see Figure 1).
Gilbreth does not explicitly disclose wherein the turbine generator assembly comprises an angular position detector of the central element (see Figure 1), the angular position detector comprising:
a target attached to one end of the central element, and
an inductive sensor stationary relative to a stator (18 of Figure 1) of the motor-generator (10 of Figure 1).
Lutz discloses wherein the turbine generator assembly comprises an angular position detector of the central element (712 of Figure 7-9, 11), the angular position detector comprising:
a target (100 of Figure 8; 200 of Figure 7, 11; 902 of Figure 9) attached to one end of the central element, and
an inductive sensor (722 of Figure 7-8; 920 of Figure 9; 1122, 1123 of Figure 11) stationary relative to a stator (716 of Figure 7-9, 11) of the motor-generator (700 of Figure 7; 800 of Figure 8; 900 of Figure 9; 1100 of Figure 11).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have an angular position detector on the central element of Gilbreth comprising a target and inductive sensor, as taught by Lutz, to provide information that can be used to indicate within which electrical cycle of the mechanical revolution the rotor is located [Lutz: Col. 9:43-62].
Regarding claims 2, 3, 7, 8, Gilbreth discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein:
the target is arranged in a radial plane at the end of the central element, and
the inductive sensor is axially aligned with, and faces, the target (claim 2);
wherein a distance separating the target and the inductive sensor is between 0.5 and 2.0 mm (claim 3);
wherein the target includes an insulating surface and a metallic radial element (claim 7);
wherein the metallic radial element partially covers the insulating surface so that it is arranged axially between the inductive sensor and the insulating surface (claim 8).
Lutz discloses wherein:
the target (100 of Figure 8; 200 of Figure 7, 11; 902 of Figure 9) is arranged in a radial plane at the end of the central element (712 of Figure 7-9, 11), and
the inductive sensor (722 of Figure 8) is axially aligned with, and faces, the target (claim 2);
wherein a distance separating the target and the inductive sensor is between 0.5 and 2.0 mm (Col. 6:3-17) (claim 3);
wherein the target (100 of Figure 8; 200 of Figure 7, 11; 902 of Figure 9) includes an insulating surface and a metallic radial element (Col. 4:43-49) (claim 7);
wherein the metallic radial element partially covers the insulating surface so that it is arranged axially between the inductive sensor (722 of Figure 8) and the insulating surface (claim 8).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have an angular position detector on the central element of Gilbreth comprising a target arranged radially on the central element and the inductive sensor axially aligned and facing the target, as taught by Lutz, to provide information that can be used to indicate within which electrical cycle of the mechanical revolution the rotor is located [Lutz: Col. 9:43-62].
Regarding claims 4, 5, Gilbreth discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein the inductive sensor is connected to an electronic device axially aligned with the inductive sensor and comprising an angular position acquisition card (claim 4);
wherein the electronic device axially extends the inductive sensor, without projecting radially with respect to the inductive sensor (claim 5).
Lutz discloses wherein the inductive sensor (722 of Figure 7-8; 920 of Figure 9; 1122, 1123 of Figure 11) is connected to an electronic device axially aligned with the inductive sensor and comprising an angular position acquisition card (the semiconductor chip inside the sensor) (claim 4);
wherein the electronic device (the semiconductor chip inside the sensor) axially extends the inductive sensor (722 of Figure 7-8), without projecting radially with respect to the inductive sensor (claim 5).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the angular position detector on the central element of Gilbreth comprising an inductive sensor connected to an electronic device comprising an angular position acquisition card wherein the electronic device axially extends the inductive sensor, as taught by Lutz, to provide information that can be used to indicate within which electrical cycle of the mechanical revolution the rotor is located [Lutz: Col. 9:43-62].
Regarding claim 12, Gilbreth discloses wherein the motor-generator (10 of Figure 1) comprises a rotor (16 of Figure 1) attached to the central element (see Figure 1) and comprising a bipolar rotor magnet device (Para. 0022).
Regarding claim 13, Gilbreth discloses wherein the motor-generator (10 of Figure 1) comprises a rotor (16 of Figure 1) attached to the central element (see Figure 1) and comprising a rotor magnet device (Para. 0022, permanent magnet) located inside the central element.
Regarding claim 15, Gilbreth discloses further comprising:
a first radial bearing (Para. 0023, single air bearing within the bearing housing (38); Para. 0025, air bearing is a radial bearing) located axially between the turbine and the compressor and designed to guide the central element in rotation; and
a second radial bearing (21 of Figure 1; Para. 0025, air bearing is a radial bearing) located axially between the compressor and the motor-generator and designed to guide the central element in rotation.
Regarding claim 16, Gilbreth discloses wherein the first (Para. 0023, single air bearing within the bearing housing (38); Para. 0025, air bearing is a radial bearing) and second radial bearings (21 of Figure 1; Para. 0025, air bearing is a radial bearing) are the only radial bearings of the turbine generator assembly.
Regarding claim 17, Gilbreth discloses comprising an air pipe (27 of Figure 1) leading to the compressor (30 of Figure 1), the air pipe being located between the compressor and the second radial bearing (21 of Figure 1) and having a radial component (see Figure 1).
Regarding claim 18, Gilbreth discloses wherein the central element (36 of Figure 1) is made of a single piece or of a plurality of pieces attached together so as to rotate integrally.
Regarding claim 20, Gilbreth discloses a power generation unit or energy cogeneration unit comprising a turbine generator assembly (10 of Figure 1) according to claim 1.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Gilbreth (US 2002/0149205), in view of Lutz (US 6,693,422) as applied to claim 4 above, and further in view of Davis (US 2005/0285407).
Regarding claim 6, Gilbreth and Lutz disclose wherein the electronic device (Lutz: the semiconductor chip inside the sensor) is supported by the inductive sensor (Lutz: 722 of Figure 7-8; 920 of Figure 9; 1122, 1123 of Figure 11).
Gilbreth and Lutz doles not explicitly disclose an ogive-shaped casing.
Davis discloses an ogive-shaped casing (21 of Figure 1).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the turbine generator of Gilbreth have an ogive-shaped casing, as taught by Davis, in order to minimize drag [Davis: Para. 0061].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gilbreth (US 2002/0149205), in view of Lutz (US 6,693,422) as applied to claim 13 above, and further in view of Harvey (US 2019/0123626).
Regarding claim 14, Gilbreth discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein the central element (see Figure 1) comprises a cavity having an opening in a radial plane and located at one end of the central element, the rotor magnet device being located in the cavity.
Harvey discloses wherein the central element (110 Figure 1) comprises a cavity having an opening in a radial plane (Para. 0051, 0054, hollow shaft; see Figure 1) and located at one end of the central element, the rotor magnet device (140 of Figure 1) being located in the cavity.
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have a cavity in the central element of Gilbreth with the rotor magnet device located in the cavity, as taught by Harvey, which allows higher rotational speeds than a conventional electrical machine arrangement and provides for increased efficiency in comparison to prior art motor generator systems [Harvey: Para. 0013].
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gilbreth (US 2002/0149205), in view of Lutz (US 6,693,422) as applied to claim 1 above, and further in view of Barthes (US 2018/0062467).
Regarding claim 19, Gilbreth discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein the central element (see Figure 1) has a diameter greater than 15 mm and less than 40 mm.
Barthes discloses wherein the central element (2 of Figure 1-3) has a diameter greater than 15 mm and less than 40 mm (Para. 0041).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the central element of Gilbreth have a diameter between 15mm and 40mm, as taught by Barthes, to make balancing easier and keep the rotor balanced after installation [Barthes: Para. 0011].
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 9-11 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.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 1 and claims dependent thereon, Gilbreth (US 2002/0149205) is regarded as being the closest prior art to the subject-matter of claim 1 and shows:
a turbine generator assembly comprising:
a turbine (31 of Figure 1) configured to be supplied with combustion gases (Para. 0023-0024) by a combustion device (14 of Figure 1);
a compressor (30 of Figure 1) mechanically coupled to the turbine by a central element (36 of Figure 1);
a motor-generator (10 of Figure 1) axially offset from the compressor and mechanically coupled to the turbine and the compressor by the central element (see Figure 1).
Lutz (US 6,693,422) discloses wherein the turbine generator assembly comprises an angular position detector of the central element (712 of Figure 7-9, 11), the angular position detector comprising:
a target (100 of Figure 8; 200 of Figure 7, 11; 902 of Figure 9) attached to one end of the central element, and
an inductive sensor (722 of Figure 7-8; 920 of Figure 9; 1122, 1123 of Figure 11) stationary relative to a stator (716 of Figure 7-9, 11) of the motor-generator (700 of Figure 7; 800 of Figure 8; 900 of Figure 9; 1100 of Figure 11).
The subject-matter of claim 9 differs from Gilbreth and Lutz reciting wherein the target comprises a chamfered axial hole.
The subject-matter of claim 10 differs from Gilbreth and Lutz reciting wherein the target and the inductive sensor each have a circular edge of the same radius.
Bach (US 2022/0209629) is regarded as being the closest prior art to the subject-matter of claim 10 and shows in the figures the target and sensor each seemingly having a circular edge of the same radius, however this is not explicitly disclosed and the figures are not to scale.
The subject-matter of claim 11 differs from Gilbreth and Lutz reciting wherein the target extends into a ring comprising a plurality of axial orifices.
A detailed search and review of the prior art revealed a notable absence of the teachings recited in claims 9, 10, and 11. The search was unable to find any prior art that teaches the limitations “wherein the target comprises a chamfered axial hole,” “wherein the target and the inductive sensor each have a circular edge of the same radius,” and “wherein the target extends into a ring comprising a plurality of axial orifices.” Therefore, the prior art of record when considered as a whole, alone or in combination, neither anticipates nor renders obvious the subject-matter of claims 9, 10, and 11.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Denk (US 5,323,075), Kataoka (US 7,518,273), Tabar (US 2024/0034478), Dubreuil (US 2018/0163640), Ahrens (US 2018/0031628), Ruehl (US 2006/0144166), Islam (US 11,555,719) disclose an angular position detector of the central element comprising a target and inductive sensor.
Senn (US 2,468,120), da Silva (US 2014/0312624) disclose an ogive-shaped casing.
Tachometer (US 4,376,915), Healey (US 2018/0375406) disclose a target with an axial hole.
Bach (US 2022/0209629) discloses in the figures the target and sensor each seemingly having a circular edge of the same radius.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES H REID whose telephone number is (571)272-9248. The examiner can normally be reached M-F 9:30-4:45 PM.
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, Tulsidas Patel can be reached at 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Charles Reid Jr./ Primary Examiner, Art Unit 2834
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