Prosecution Insights
Last updated: October 25, 2026
Application No. 19/124,240

AIR TURBOROCKET APPARATUS WITH BOILER

Non-Final OA §102
Filed
Apr 24, 2025
Priority
Oct 25, 2022 — nonprovisional of PCTEP2022079741
Examiner
MALATEK, KATHERYN A
Art Unit
3741
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Destinus SA
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
332 granted / 385 resolved
+16.2% vs TC avg
Strong +44% interview lift
Without
With
+44.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
20 currently pending
Career history
419
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
35.4%
-4.6% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
34.6%
-5.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 385 resolved cases

Office Action

§102
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 . Claim Objections Claims 1, 16 and 18 are objected to because of the following informalities: Claim 1, line 3; claim 16, line 4; claim 18, lines 4, 20 and 21 recite “atmospheric air” and should recite “the atmospheric air”. Claim 1, line 8; claim 16, line 9; claim 18, lines 10 and 23 recite “it” and should recite “the turbine”. Claim 1, line 10; claim 16, line 11; claim 18, lines 12 and 23 recite “one or each of the compressor and the driving system” and should recite “the one or each of the compressor and the driving system”. Claim 18, line 22 recites “a fluid” and should recite “the fluid”. Claim 18, line 17 recites “a mixture of the compressed atmospheric air and the expanded fluid” and should recite “the mixture of the compressed atmospheric air and the expanded fluid”. Appropriate correction is required. 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. Claims 1-4 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Wolf et al. (US 3,740,949). Regarding claim 1, Wolf discloses an air turborocket apparatus (Figure 2), comprising: an air intake (114) designed to receive atmospheric air (Arrow labelled A); a compressor (142) designed to compress atmospheric air received by the air intake (Figure 2), a turbine (136), a gas generator system (Piping from 120 through to 152 and 132, pump 124 and valves along the fluid circuit), including a fluid circuit (Piping from 120 through to 152 and 132) defining a flow path to the turbine (13) and a driving system (pump 124 and valves along the fluid circuit) designed to convey a fluid (From tank 120) along the fluid circuit (Figure 2) for the fluid to expand through the turbine (Figure 2, through 132) and rotate it (via shaft 146), a coupling system (shaft 146) coupling the turbine with one or each of the compressor and the driving system (Figure 2 shows both are connected to the turbine via the shaft), to transfer energy to one or each of the compressor and the driving system (Figure 2); a combustion chamber (154) designed to receive and combust a mixture of the compressed atmospheric air (from 142) and the expanded fluid (from 155); a nozzle (116) arranged to expel the combusted mixture and thereby create thrust (Figure 2); and a boiler (164) designed to generate heat (heat is generated in the combustor and into the boiler 164), wherein the boiler is in thermal communication with said flow path to transfer the generated heat to the fluid conveyed along said flow path (via the piping that extends into 164). Regarding claim 2, Wolf discloses wherein the coupling system couples the turbine with the compressor (Figure 2), whereby the rotated turbine at least contributes to rotate the compressor (col. 5, ll. 59-65) to accordingly compress the atmospheric air received by the air intake (Figure 2), in operation. Regarding claim 3, Wolf discloses wherein the driving system includes a pump (124) designed to pump liquid fuel (The pump 124 is structurally capable of pumping liquid fuel, fuel is pumped from fuel tank 120), the pump connected to the fluid circuit (via piping 122) to inject the pumped liquid fuel into the fluid circuit (Figure 2 shows the pump 124 connected to the piping of the fluid circuit), whereby said fluid is obtained from the pumped liquid fuel, in operation (Figure 2). Regarding claim 4, Wolf discloses wherein the coupling system couples the turbine with the pump (col. 5, ll. 59-65), whereby the rotated turbine at least contributes to actuate the pump, in operation (col. 5, ll. 59-65). Regarding claim 16, Wolf discloses an aircraft (col. 1, ll. 1-7 describes the propulsion engine accelerating to hypersonic speeds, i.e. on an aircraft) comprising one or more air turborocket apparatuses (Figure 2), each comprising: an air intake (114) designed to receive atmospheric air (Arrow labelled A); a compressor (142) designed to compress atmospheric air received by the air intake (Figure 2), a turbine (136), a gas generator system (Piping from 120 through to 152 and 132, pump 124 and valves along the fluid circuit), including a fluid circuit (Piping from 120 through to 152 and 132) defining a flow path to the turbine (13) and a driving system (pump 124 and valves along the fluid circuit) designed to convey a fluid (From tank 120) along the fluid circuit (Figure 2) for the fluid to expand through the turbine (Figure 2, through 132) and rotate it (via shaft 146), a coupling system (shaft 146) coupling the turbine with one or each of the compressor and the driving system (Figure 2 shows both are connected to the turbine via the shaft), to transfer energy to one or each of the compressor and the driving system (Figure 2); a combustion chamber (154) designed to receive and combust a mixture of the compressed atmospheric air (from 142) and the expanded fluid (from 155); a nozzle (116) arranged to expel the combusted mixture and thereby create thrust (Figure 2); and a boiler (164) designed to generate heat (heat is generated in the combustor and into the boiler 164), wherein the boiler is in thermal communication with said flow path to transfer the generated heat to the fluid conveyed along said flow path (via the piping that extends into 164). Regarding claim 17, Wolf discloses wherein the aircraft further includes one or more fuel tanks (120), to which the gas generator system and the boiler are connected (Figure 2). Regarding claim 18, Wolf discloses a method of operating an air turborocket apparatus (Figure 2), the method comprising: providing an air turborocket apparatus (Figure 2) comprising: an air intake (114) designed to receive atmospheric air (Arrow labelled A); a compressor (142) designed to compress atmospheric air received by the air intake (Figure 2), a turbine (136), a gas generator system (Piping from 120 through to 152 and 132, pump 124 and valves along the fluid circuit), including a fluid circuit (Piping from 120 through to 152 and 132) defining a flow path to the turbine (13) and a driving system (pump 124 and valves along the fluid circuit) designed to convey a fluid (From tank 120) along the fluid circuit (Figure 2) for the fluid to expand through the turbine (Figure 2, through 132) and rotate it (via shaft 146), a coupling system (shaft 146) coupling the turbine with one or each of the compressor and the driving system (Figure 2 shows both are connected to the turbine via the shaft), to transfer energy to one or each of the compressor and the driving system (Figure 2); a combustion chamber (154) designed to receive and combust a mixture of the compressed atmospheric air (from 142) and the expanded fluid (from 155); a nozzle (116) arranged to expel the combusted mixture and thereby create thrust (Figure 2); and a boiler (164) designed to generate heat (heat is generated in the combustor and into the boiler 164), wherein the boiler is in thermal communication with said flow path to transfer the generated heat to the fluid conveyed along said flow path (via the piping that extends into 164); and operating the air turborocket apparatus (10) for: the air intake to receive atmospheric air (Arrow labelled A enters air intake 114); the compressor to compress atmospheric air received by the air intake (col. 3, ll. 54-61); the driving system to convey a fluid (fuel from 120) along the fluid circuit (col. 4, ll. 56-61) for the fluid to expand through the turbine and rotate it (col. 5, ll. 4-10), to transfer energy to one or each of the compressor and the driving system (col. 5, ll. 59-65); the boiler to generate heat and transfer the generated heat to the fluid conveyed along said flow path (col. 5, ll. 10-25); the combustion chamber (154) to receive and combust a mixture of the compressed atmospheric air (from 142) and the expanded fluid (from 155); and the nozzle (116) to expel the combusted mixture and thereby create thrust (exhaust out of 116 provides the thrust to the propulsion engine). Allowable Subject Matter Claims 5-15 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 prior art of record fails to anticipate and/or render obvious, either alone or in combination, the multiple subcircuits arranged in the manner described in claim 5 or the boiler and gas generator set up as described in claim 9. Claims dependent thereon inherit the allowable subject matter of the respective base claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katheryn Malatek whose telephone number is (571)272-5689. The examiner can normally be reached Monday - Thursday, 9 am - 6 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, Devon Kramer can be reached at (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KATHERYN A MALATEK/Primary Examiner, Art Unit 3741
Read full office action

Prosecution Timeline

Apr 24, 2025
Application Filed
Aug 26, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+44.3%)
2y 5m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 385 resolved cases by this examiner. Grant probability derived from career allowance rate.

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