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 .
Examiner’s Note
Applicant’s base claim, 12, refers to the inner shroud, “being a revolving part,” however, Examiner’s reviews of the figures appeared to show the shroud attached non-rotatively to upstream struts/vanes and through them the nacelle, as well as none of the known-in the art structure that is utilized to form a rotating cowl/engine core, and appeared to provide no enablement for this unusual feature. Examiner further noted, the translation which provided the support used in the French, “pièce de revolution” which to the examiner’s admittedly decade stale French language studies, was a piece of a revolution or part of a revolution, not a revolving part. Given the invention, per the Per the Examiner’s best understanding of the specification and drawings, involved circular arc segments (segments forming part of a revolution/circular circumference” of static shrouds, the examiner wanted to make absolutely certain the examination was interpreting the unclear language properly. Thus an interview was made, where the examiner broached this with the Applicant asking for pre-examination clarity. The Applicant replied on June 9, 2026, that the intended language was indeed a static element whose shape circumscribed part of a revolution, and not a part undergoing active revolving during engine operation, thus for compact prosecution, this was the interpretation the office would use, while still providing a 112 as noted below as revolving part has a specific meaning in English that is not reflected by the specification, figures, or Applicant’s intended meaning. Given the discussion and understanding, with Applicant, Examiner will forbear providing redundant enablement and drawing objections to the claimed “revolving part” and simply provide a 112 indefinite rejection, whereby applicant will be provided the opportunity after the examination based upon their intended meaning, to bring their claim language in line with the examined and intended meaning.
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 12-23 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “revolving part” in claim 12 is used by the claim to mean “a static element whose shape describes a part of a revolution, such as an arced surface,” while the accepted meaning is “a part that is revolving.” The term is indefinite because the specification does not clearly redefine the term. For Compact prosecution, and based upon an interview with Applicant as to the intended meaning the, examiner will examine as if the claim recited a part defining a circular arc or segment, rather than a part that is actively revolving. As all claims depended from 12 this carries through.
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) 12-13, 17, 19, 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0095938 to Cheung et al. (C1) in view of USW 5,251,435 to Pauley (P1) and US 2015/0175272 to Brochard et al. (B1).
In Re Claim 1:
C1 teaches:
An inner shroud(Fig. 1, 28) sector configured to be mounted in an aircraft turbomachine(10), the inner shroud being an annular part defined with respect to a longitudinal axis(11) oriented from upstream to downstream configured to internally delimit a secondary flow path(30) of the aircraft turbomachine, the inner shroud sector comprising a downstream end comprising:
An upstream longitudinal portion located at a first radial distance from the longitudinal axis and configured to extend in the upstream extension of an inner fan duct, [See Annotated C1 Fig. 1 below],
A downstream longitudinal portion located at a second radial distance from the longitudinal axis less than the first radial distance and configured to extend inwardly of the inner fan duct, and [See Annotated C1 Fig. 1 below]
A middle portion connecting the upstream longitudinal portion and the downstream longitudinal portion, [See Annotated C1 Fig. 1 below]
The inner shroud sector comprising at least one inner layer of composite material(Fig. 3, 46) and at least one outer layer of composite material, the composite material being in the form of a plurality of reinforcing fibers in a matrix, the middle portion of the downstream end comprising at least one volume of firewall material 48 sandwiched between the at least one inner layer of composite material and the at least one outer layer of composite material so as to form a local extra thickness in the longitudinal direction. [Examiner refers to Page 2, ¶30-38, 44, and Page 3, ¶67-69 note the outer layers are composites reinforcing fibers in a matrix about a metallic fire wall material.]
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Annotated C1 Fig. 1
C1 does not teach:
The annular part being a portion of an arc (per the 112 rejection above), the sandwiched firewall material being an intumescent material, the at least one layers of composite material and the at least one volume of intumescent material being malleable and adapted to harden during a heating and compression step, the at least one volume of intumescent material being adapted to expand during the heating and compression step.
P1 teaches:
One of ordinary skill would recognize that an inner bypass duct shroud/cowl can be formed of two parts each forming a half segment (See Fig. 2) as semi-annular segments to allow for opening and exposing the core for ease of access. [Col. 4, ll. 0-64].
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 inner shrouds of C1, to be composed of two semi-annular parts each forming a part of a revolution as taught by P1, with the expectation of providing easier access to the inner core and operation of the thrust reverser, [Col. 4, ll. 0-64]. This would yield the limitation of the annular shroud part being portions of arcs or a part or a revolution.
C1 and P1 does not teach:
The sandwiched firewall material being an intumescent material, the at least one layers of composite material and the at least one volume of intumescent material being malleable and adapted to harden during a heating and compression step, the at least one volume of intumescent material being adapted to expand during the heating and compression step.
C1 further teaches:
The composite layers are thermal resistance layers, the metallic layer in the middle is the firewall. [Page 2, ¶30-38.]
B1 teaches:
When forming a fire resistant portion in an aircraft structure, it is known that to attach the metallic firewall portion(Fig. 1, 130) material by attaching it to the thermally insulating layer(120) it is known to use an intumescent adhesive strip, which will expand when the temperature increases to creating additional thermal barriers and is located between the two layers. [Page 2, ¶39-44.]
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 invention of C1 to include intumescent material layers between the metallic and each adjacent composite layers, as taught by B1, with the expectation of providing additional material that can expand when exposed to heat and improve the fire resistance., [Page 2, ¶39-44] this would yield the limitation of intumescent material between the composite layers, said material being adapted to harden during a heating and compression step and expand, as these are inherent properties of intumescent materials. Examiner further notes several parts of this claim are steps or process elements inserted into a structure step, therefore material capable of such, (i.e. the definition of intumescent material) would meet the limitation in so far as it is presented.
In Re Claims 13, 17, 19, and 21-23:
C1 as modified by P1 and B1 teaches:
The inner shroud sector according to claim 12, wherein:
(Claim 13) the at least one volume of intumescent material of the middle portion has a longitudinal thickness in a direction parallel to the longitudinal axis which decreases radially from the outside. [As Examiner can select the location of the middle portion, and at an uppermost portion the “thickness” in the longitudinal direction (traditionally length) is the length of the flat middle portion given the intumescent layer extends in the longitudinal, but as the shape angles downward the intumescent material moves off plane, and thus drops in thickness significantly, See Annotated C1 Close-up Fig. 1 below.]
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Annotated C1 Close-up Figure 1
(Claim 17) the at least one volume of intumescent material extends radially throughout the middle portion. [In so far as middle portion is defined, examiner notes in the middle portion, there can be the middle firewall and intumescent throughout, per C1, Page 2, ¶30 notes the element may be throughout the composite structures.]
(Claim 19) the middle portion extends radially over a distance at least twice as great as a radial thickness of the upstream longitudinal portion. [As can be seen in C1, Fig. 1, the upstream longitudinal portion can be very long, and the relative thickness of the middle region is smaller than the full upstream extension.]
(Claim 21) the at least one volume of intumescent material of the middle portion is designated a first volume of intumescent material, the downstream longitudinal portion comprising at least one second volume of intumescent material sandwiched between the at least one inner layer of composite material and the at least one outer layer of composite material so as to form local extra thickness in the radial direction the at least one second volume of intumescent material extending in the longitudinal extension of at least one first volume of intumescent material. [Per the modification of C1 and B1, B1 notes intumescent adhesive between the thermal resistance layer and the metallic layer, and per C1 there is a resistance composite on both sides so two layers of intumescent material one on each side along the longitudinal extent.]
(Claim 22) the at least one composite material layers and the at least one volume of intumescent material are present and the at least one volume of intumescent material being in an expanded state. [Examiner notes this is a product by process claim on a structural claim, therefore]
C1 and B1 and P1 are silent as to the curing of the material process. The limitation(s) ‘curing of the composites and intumescent material’ is/are being treated as a product by process limitation(s); that is that the shroud structure of C1, B1, and P1 being provided is/are made by an undisclosed process. As set forth in MPEP 2113, product by process claims are NOT limited to the manipulation of the recited steps, only to the structure implied by the steps. Once a product appearing to be substantially the same or similar product is found, a 35 U.S.C. § 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. See MPEP 2113.
(Claim 23) the volume of intumescent material of the middle portion has a longitudinal thickness in a direction parallel to the longitudinal axis which decreases radially from the outside inwards from a maximum value to a minimum value at least twice as small. [See Annotated C1 Close-up Fig. 1 above under claim 13, as examiner can select a length of the upstream portion and downstream portion, and relative middle portion it is possible to select a portion of middle that includes a longer flat region (longitudinal thickness) and in the downstream end as the angle changes of material, the thickness of the intumescent adhesive becomes intestinally thin in the longitudinal direction as an adhesive layer compared to the portion extending towards the upstream end at the top most region.]
Claim(s) 14-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over C1, B1, and P1 as applied to claim 12 above, and further in view of US 2021,0010425 to George (G1).
In Re Claim 14:
C1 as modified in claim 12 teaches:
The middle portion, comprises an outer wall that is oblique to the longitudinal axis. [See C1 fig. 1, wherein the middle portion begins at the angled downward portion.]
C1 as modified in claim 12 does not teach:
The outer wall is transverse (90 degrees) to the longitudinal axis.
G1 teaches:
It is well-known in the art that some bypass air ducts (Fig. 1, 22) can include stepped portions for the decrease rather than angled portions. [See stepped portion downstream of the guide vane being in two steps, forming transverse outer axis.]
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 invention of C1 to apply the fire protection insulation layers to other known in the art ducts such as those of G1, with an expectation of success to provide composite resistive layers and intumescent material to other shroud designs, such as those of G1, making it useful across a broader spectrum of engines to provide its fire protection design to those bypass ducts given C1 teaches in Page 2, ¶30 it is useful for some or all of inner bypass ducts. This would yield ducts with stepped outer surfaces (transverse outer surfaces) in the middle portion(arbitrarily selected between a radially larger upstream and radially smaller downstream surfaces.
In Re Claim 15:
C1 as modified in claim 12 teaches:
The middle portion, comprises multiple angular slices juxtaposed, the at least one volume of intumescent material through all slices. [See C1 and claim 12, the intumescent material is throughout the semi-annual (per P1) section.]
C1 as modified in claim 12 does not teach:
The at least one volume of intumescent material extends only in the first angular slice.
G1 teaches:
It is well-known to use intumescent material around electrical structures to permit intumescent material to activate faster and provide fire protection more quickly. Said electrical wiring will include intumescent material within it. And further that some of the intumescent material infusing the electrical connection can be either completely around the structure (Fig. 4) or with alternative modes (Fig. 5 or 6) which include portions do not extend in some regions (Fig. 5) or in a changing curved pattern with ends that are completely vacant of the intumescent material around the wiring (Fig. 6) as these are all suitable for permitting this early activation. [Page 1-2, ¶19-24 for advantages, Pages 3-4, ¶31-33 and 44-47 disclose the well-known alternative methods of including some electrical cord and intumescent material in only some portions.
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 invention of C1 to include an additional layer of intumescent material with electrical cording in only some circumferential portions to apply the ability to activate the fire protection aspects of the intumescent material more quickly. [Pages 1-2, ¶19-24.] This would yield the limitation of such a in Fig. 6 of G1, at least one volume of the intumescent material, about the electrical lines that is not in all of the angular slices of the semi-annual bypass inner shroud.
In Re Claim 16:
C1 as modified in claim 15 teaches:
The middle portion comprises an inner surface forming, at the level of the first angular slice, a longitudinal protuberance with respect to the second angular slice. [As can be seen in P1 which includes the shroud in which the C1 and B1 structure are applied to each other, there are circumferentially spaced longitudinal protuberances, of (121) in its innermost surface, and protuberances(40) on its outer surface which forms the inner shroud surface of the bypass duct. As such, these can include at the ends where per the G1 modification and Fig. 6 there are portions without at least one volume of intumescent material.]
In Re Claim 18:
C1 as modified in claim 12 teaches:
The middle portion, comprises at least one volume of intumescent material between the inner and outer layers of composite material. [See C1 and claim 12, the intumescent material is adhesive layers adjacent the structures.]
C1 as modified in claim 12 does not teach:
The at least one volume of intumescent material includes a film between it inner/outer layers of composite material.
G1 teaches:
It is well-known to use intumescent material around electrical structures to permit intumescent material to activate faster and provide fire protection more quickly. Said electrical wiring will include intumescent material within it. And further that some of the intumescent material infusing the electrical connection can be either completely around the structure (Fig. 4) or with alternative modes (Fig. 5 or 6) which include portions do not extend in some regions (Fig. 5) or in a changing curved pattern with ends that are completely vacant of the intumescent material around the wiring(Fig. 6) as these are all suitable for permitting this early activation. [Page 1-2, ¶19-24 for advantages, Pages 3-4, ¶31-33 and 44-47 disclose the well-known alternative methods of including some electrical cord and intumescent material in only some portions. Furthermore these intumescent infused electrical portions include a protective resin layer (48) on its outer side which enables can be frangible to accommodate the expansion of the intumescent material. [Page 2, ¶21-23.]
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 invention of C1 to include an additional layer of intumescent material with electrical cording with a resin coating between it and any outer structure as taught by G1, with the expectation of applying the ability to activate the fire protection aspects of the intumescent material more quickly and accommodate the expansion. [Pages 1-2, ¶19-24.] This would yield the limitation of such wherein the outside of the frangible material would include the breakable resin between it and the composite, and on the inner side the metallic layer and other intumescent material layers between it and the inner shroud composite layer as shown in the Figure of C1 as modified by B1.
Allowable Subject Matter
Claims 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Examiner notes Claim 20 recites the at least one inner layer of composite material and the outer layer at the level of the middle portion, include a porosity of less than 2%. While arts exist that can reduce porosity, the production of such in the region of the intumescent material is a result of a particular structural use of curing and intumescent material which differs form intumescent material as a fire retardant, which results from all this structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2011/0042515 to Schoke et al. teaches the use of flame wall structures which grid/wire mesh such as in C1, which can include intumescent material integrated into the metallic mesh/wire layer of the firewall [Page 4, ¶45.] US 2022/0282672 to Labrge Lebel et al. teaches the use of gas turbine engines including intumescent material (Fig. 2 32, 34, 35) with inner and outer layers or film(31, 33). [Page 2, ¶33-35.]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA R BEEBE whose telephone number is (571)272-9968. The examiner can normally be reached M-F 10-6.
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 Wiehe can be reached at 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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/JOSHUA R BEEBE/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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