DETAILED ACTION
This is a non-final rejection in response to application filed 6/20/25. Claims 1-20 are currently pending.
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 16-19 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.
Claim 16, 18 and 19 depend on non-existent claim 0. Claim 17 is further rejected for being dependent on claim 16.
Claims 16-19 also fails to comply with 35 USC 112(d).
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.
Claim(s) 1, 6, 8-9, 11, 13, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuhrt (US 3237400).
Regarding independent claim 1, Kuhrt teaches an air turborocket apparatus, comprising: an air intake 18; a compressor 16; a turbine 20; a combustion chamber 80; a gas generator system including a preburner 24 and a driving system (tank 30, pump 32, valve 38, lines 34/36); and a coupling system configured to couple the turbine 20 with one or each of the compressor and the driving system (reduction gear 22 connects turbine 20 to fan 16), wherein the driving system is configured to drive fuel along two flow paths, the two flow paths including a first flow path (line 34 to coil 44 to distributor 74 to chambers 24 to turbine 20 to chamber 80) extending to the combustion chamber 80 via the preburner 24 and the turbine 20, and a second flow path (line 34 to coil 44, receiving air from passage 46 to ram air inlet 18 to preburner 24) extending to one or each of the preburner 24 and the combustion chamber 80, via a heat exchanger 44 in thermal communication with the air intake.
Regarding dependent claim 6, Kuhrt teaches wherein the driving system includes a pump system 32, which is designed to pump fuel, and the first flow path 34 and the second flow path 36 form part of a fluid circuit arranged downstream of the pump system, the fluid circuit defining the two flow paths, for the driving system to drive pumped fuel along each of the first flow path 34 and the second flow path 36, in operation.
Regarding dependent claim 8, Kuhrt teaches wherein the second flow path 36 extends to the combustion chamber 80.
Regarding dependent claim 9, Kuhrt teaches wherein the second flow path 36 extends to the preburner 24.
Regarding independent claim 20, Kuhrt teaches a method of operating an air turborocket apparatus, the method comprising: providing an air turborocket apparatus comprising an air intake, a compressor, a turbine, a combustion chamber, a gas generator system including a preburner and a driving system, and a coupling system configured to couple the turbine with one or each of the compressor and the driving system, wherein the driving system is configured to drive fuel along two flow paths, the two flow paths including a first flow path extending to the combustion chamber via the preburner and the turbine, and a second flow path extending to one or each of the preburner and the combustion chamber, via a heat exchanger in thermal communication with the air intake (see claim 1 above);
operating the air turborocket apparatus for the air intake to receive atmospheric air (col. 1, l. 26-33), the compressor 16 to compress atmospheric air received by the air intake, and the driving system to drive fuel (hydrogen) along the first flow path 34 to inject fuel into the preburner 24 and partly combust the injected fuel, expand a fluid containing the partly combusted fuel through the turbine 20 and rotate it, to transfer energy to one or each of the compressor and the driving system, and guide the expanded fluid to the combustion chamber, for it to combust a mixture of the compressed atmospheric air and a fluid including the expanded fluid, and along the second flow path to heat up fuel via the heat exchanger and inject the heated fuel into the preburner and/or the combustion chamber (col. 1, l. 26 – col. 2, l. 17).
Claim(s) 1-2, 15, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (CN 107630767).
Regarding independent claim 1, Wang teaches an air turborocket apparatus, comprising: an air intake 2; a compressor 9; a turbine 11; a combustion chamber 12; a gas generator system including a preburner 10 and a driving system (7,8,16,13); and a coupling system (9, 10, 11 connected in sequence) configured to couple the turbine with one or each of the compressor and the driving system, wherein the driving system is configured to drive fuel along two flow paths, the two flow paths including a first flow path (fuel rich gas) extending to the combustion chamber via the preburner and the turbine, and a second flow path extending to one or each of the preburner and the combustion chamber, via a heat exchanger in thermal communication with the air intake [0035].
Regarding dependent claim 2, Wang teaches wherein the air intake has an inner wall that defines a duct forming a passageway for atmospheric air, and the heat exchanger includes a conduit forming a portion of the second flow path, whereby the conduit is in thermal contact with atmospheric air drawn through the air intake, in operation [0034-0035].
Regarding independent claim 15, Wang teaches an aircraft, wherein the aircraft comprising one or more air turborocket apparatuses comprising: an air intake 2; a compressor 9; a turbine 11; a combustion chamber 12; a gas generator system including a preburner 10 and a driving system (7,8,16,13); and a coupling system (9, 10, 11 connected in sequence) configured to couple the turbine with one or each of the compressor and the driving system, wherein the driving system is configured to drive fuel along two flow paths, the two flow paths including a first flow path (fuel rich gas) extending to the combustion chamber via the preburner and the turbine, and a second flow path extending to one or each of the preburner and the combustion chamber, via a heat exchanger in thermal communication with the air intake [0035].
Regarding dependent claim 18, Wang teaches wherein the aircraft further includes one or more oxidizer tanks, to which the preburner is connected [0007 and 0033].
Claim(s) 1, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmidt (GB 2190964).
Regarding independent claim 1, Schmidt teaches an air turborocket apparatus, comprising: an air intake; a compressor 22; a turbine 10; a combustion chamber 5; a gas generator system including a preburner 7 and a driving system (pump 12 and 14); and a coupling system (9, 10, 11 connected in sequence) configured to couple the turbine with one or each of the compressor and the driving system, wherein the driving system is configured to drive fuel along two flow paths, the two flow paths including a first flow path extending to the combustion chamber 5 via the preburner 7 and the turbine 10, and a second flow path extending to one or each of the preburner 7 and the combustion chamber 5, via a heat exchanger 20 in thermal communication with the air intake.
Regarding dependent claim 11, Schmidt teaches wherein the coupling system couples the turbine to each of the compressor and the driving system, so as to transfer energy to each of the compressor and the driving system upon rotating the turbine (page 2, lines 25-59).
Regarding dependent claim 12, Schmidt teaches wherein the coupling system couples the turbine to the driving system, so as to transfer energy only to the driving system upon rotating the turbine (page 2, lines 25-59).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Lardellier et al. (US 5119626).
Regarding dependent claims 3 and 4, Wang teaches the invention as claimed and discussed above. Wang teaches conduit 16 but is silent to the conduit extends along a winding path/coiled around and/or meandering along at least a portion of the inner wall.
Lardellier discloses a conduit 36,37 having coiled/spiraled/winding within support arm 7 along a portion of the inner wall.
It is noted that the use of a known technique (coiled conduit of Lardellier), to improve a similar devices (the conduit of Wang in order to provide a conduit with more surface area for more heat exchange) was an obvious extension of prior art teachings, KSR, MPEP 2141 III C.
Regarding dependent claim 5, Wang in view of Lardellier teaches the invention as claimed and discussed above. Lardellier further teaches wherein the conduit is in direct contact with said inner wall (see fig. 2).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhrt in view of Bond et al. (US 2015/0101342).
Regarding dependent claim 7, Kuhrt teaches the invention as claimed and discussed above. Kuhrt teaches pump 32 but is silent to wherein the pump system includes a centrifugal pump.
Bond discloses wherein the pump system includes a centrifugal pump [0124].
It is further noted that a simple substitution of one known element (in this case, the high pressure pump of Kuhrt) for another (in this case, the centrifugal pump of Bond) to obtain predictable results (in this case, providing fuel where needed) was an obvious extension of prior art teachings, KSR, MPEP 2141 III B.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Lardellier and further in view of Conrardy et al. (US 9422889).
Regarding dependent claim 10, Wang in view of Lardellier teaches the invention as claimed and discussed above. Wang in view of Lardellier teaches wherein the second flow path branches from the first flow path. Wang’s circulation piping 16 diverts hydrogenthrough the turbine engine and subsonic ramjet engine back to the annular combustion chamber. Lardellier also teaches diverting fuel to cool compressor blades. Both fail to teach wherein the second flow path branches from the first flow path and branches back into the first flow path.
Conrardy teaches diverting and returning into the first flow path (col. 3, ll. 11-56).
It would have been obvious to one of ordinary skill in the art at the time of filing to combine the teachings of the second flow path branches from the first flow path and branches back into the first flow path, as taught by Conrardy, to the device of Wang in view of Lardellier, as part of an obvious combination of known prior art structures, in this case returning split path into a first path, to achieve predictable results, in this case, compressor blade cooling without the attendant combustion degradation. See KSR; MPEP 2141 III A.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt in view of Kuhrt.
Regarding dependent claim 13, Schmidt teaches the invention as claimed and discussed above. Schmidt is silent to wherein the coupling system couples the turbine to the compressor, so as to transfer energy only to the compressor upon rotating the turbine.
Kuhrt teaches driving the fan 16 only with the turbine 20.
It would have been obvious to one of ordinary skill in the art at the time of filing to combine the teachings of the directly rotating the compressor (fan) of Schmidt only, as taught by Kuhrt, to the device of Schmidt, as part of an obvious combination of known prior art structures, in this case adding an additional state where the pumps are disconnected but the compressor is driven, to achieve predictable results, in this case, a turbine capable of driving the compressor independently of the pumps. See KSR; MPEP 2141 III A.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Kuhrt.
Regarding dependent claim 16, Wang teaches the invention as claimed and discussed above. Wang is silent to wherein the aircraft further includes one or more fuel tanks, to which the driving system is connected.
Kuhrt teaches fuel tanks 30 to which the driving system is connected.
It would have been obvious to one of ordinary skill in the art at the time of filing to combine the teachings of the fuel tanks, as taught by Kuhrt, to the device of Wang, as part of an obvious combination of known prior art structures, in this case providing a fuel tank, to achieve predictable results, in this case, providing storage of fuel. See KSR; MPEP 2141 III A.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Connell et al. (US 5918460).
Regarding dependent claim 17, Wang teaches the invention as claimed and discussed above. Wang is silent to wherein the aircraft further includes a pressurization system designed to pressurize liquid fuel contained in the one or more fuel tanks.
Connell teaches wherein the aircraft further includes a pressurization system designed to pressurize liquid fuel contained in the one or more fuel tanks (col. 3, ll. 1-28).
It would have been obvious to one of ordinary skill in the art at the time of filing to combine the teachings of a pressurization system designed to pressurize liquid fuel contained in the one or more fuel tanks, as taught by Connell, to the device of Wang, as part of an obvious combination of known prior art structures, in this case providing pressurized fuel, to achieve predictable results, in this case, providing reliably pressurized fuel. See KSR; MPEP 2141 III A.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Kuhrt and further in view of Connell.
Regarding dependent claim 19, Wang in view of Kuhrt teaches the invention as claimed and discussed above. Wang in view of Kuhrt is silent to wherein the aircraft further includes a pressurization system designed to pressurize a liquid oxidizer contained in the one or more oxidizer tanks.
Connell teaches wherein the aircraft further includes a pressurization system designed to pressurize a liquid oxidizer contained in the one or more oxidizer tanks (col. 3, ll. 1-28).
It would have been obvious to one of ordinary skill in the art at the time of filing to combine the teachings of a pressurization system designed to pressurize a liquid oxidizer contained in the one or more oxidizer tanks, as taught by Connell, to the device of Wang in view of Kuhrt, as part of an obvious combination of known prior art structures, in this case providing pressurized fuel, to achieve predictable results, in this case, providing reliably pressurized oxidizer. See KSR; MPEP 2141 III A.
Allowable Subject Matter
Claim 14 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CRAIG SANG KIM whose telephone number is (571)270-1418. The examiner can normally be reached 7:00 AM - 3:00 PM.
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/CRAIG KIM/
Primary Examiner
Art Unit 3741
