DETAILED ACTION
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) 2-5, 10-11, 18 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Birkholz 5,672,047.
In regards to Independent Claim 2, Birkholz teaches a variable area turbine nozzle assembly (set of vanes 36 upstream of turbine rotor blades 18 in figure 5) defining a radial direction (direction along 36) and a circumferential direction (direction between each vane 36), the variable area turbine nozzle assembly comprising: a guide vane (36) including an airfoil (vane 36 acts as an airfoil to guide flow downstream of 36), the guide vane defining a flowpath surface configured to be exposed to a combustion gas flow (outer surfaces of 36), the airfoil defining a pitch axis (rotational axis about pin 52); a mounting structure engaged with and located radially inward of the airfoil (wall 234), the mounting structure defining a first coefficient of thermal expansion (234 comprises a thermal coefficient); an outer support ring spaced radially outward from the airfoil (232), the outer support ring defining a second coefficient of thermal expansion that has a value that is less than the value of the first coefficient of thermal expansion (Col. 5, ll. 9-16, where 230 and 232 will have the same coefficient of thermal expansion characteristics as 30 and 32 in order to maintain the distance between the inner and outer shrouds), wherein the airfoil is operably engaged with the outer support ring to adjust an angle of the airfoil about the pitch axis in response to a change in temperature of the combustion gas flow (36 engages with 232 through pivot shown in figure 5, where pivoting controls the pressure of the gases passing to the turbine blades, Col. 6, ll. 48-54, where the ideal gas law relates pressure and temperature, such that an increase in temperature of a gas results in a proportional increase in pressure, and the vanes are adjusted based upon the change in pressure).
Regarding Dependent Claim 3, Birkholz teaches the mounting structure (234) is engaged with the airfoil by an inner centering pin (52), and the inner centering pin defines the pitch axis (Col. 4, ll. 16-19).
Regarding Dependent Claim 4, Birkholz teaches the airfoil is operably engaged with the outer support ring via at least one linkage (shaft 38 acts as a linkage connecting vane 36 to support ring 232).
Regarding Dependent Claim 5, Birkholz teaches that when exposed to a change in temperature of the combustion gas flow: the mounting structure grows in the radial direction; the outer support ring grows in the radial direction; and the growth of the mounting structure is greater than the growth of the outer support ring (Col. 5, ll. 9-15).
Regarding Dependent Claim 10, Birkholz teaches the guide vane further comprises a first portion defining a leading edge (portion 102), and a second portion defining a trailing edge (36), and wherein the second portion comprises the airfoil (36 comprises the airfoil as recited in the rejection of claim 1 above).
Regarding Dependent Claim 11, Birkholz teaches the first portion (stationary vane 102) is stationary, the mounting structure is engaged with the airfoil by an inner centering pin (pin 52), and wherein the second portion is coupled to and rotatable about the inner centering pin (36 rotates about 52, Col. 4, ll. 43-52).
In regards to Independent Claim 18, Birkholz teaches a method of varying fluid flow through a nozzle of a turbine engine (through adjustment of vanes 36 in figure 5), the method comprising: providing, within an engine casing (212): a guide vane (36) including an airfoil (36 comprises an airfoil that guides flow over both side of each vane 36), the guide vane defining a flowpath surface (surfaces of each vane 36) and the airfoil defining a pitch axis (axis passing through pin 52); and an outer support ring (232) spaced radially outward from the airfoil of the guide vane (as shown in figure 5); receiving, at the flowpath surface of the airfoil, a combustion gas flow (28), the combustion gas flow having a temperature (combustion gases 28 will comprise a temperature); and rotating the guide vane about the pitch axis (Col. 4, ll. 43-52), at an angle of rotation that corresponds to the temperature of the combustion gas flow (36 engages with 232 through pivot shown in figure 5, where pivoting controls the pressure of the gases passing to the turbine blades, Col. 6, ll. 48-54, where the ideal gas law relates pressure and temperature, such that an increase in temperature of a gas results in a proportional increase in pressure, and the vanes are adjusted based upon the change in pressure).
Regarding Dependent Claim 19, Birkholz teaches providing a mounting structure (234) inward of the airfoil of the guide vane (as shown in figure 5); coupling the airfoil (36) of the guide vane to the outer support ring (232) via at last one linkage (238 acts as a linkage between 36 and 232); and growing the mounting structure in the radial direction, wherein the value of growth in the radial direction corresponds to the temperature of the combustion gas flow (28 will increase the size of 234, Col. 5, ll. 9-16).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Birkholz as applied to claim 2 above, and further in view of Lau 2014/0065433.
Regarding Dependent Claim 9, Birkholz teaches the invention as claimed and discussed above. However, Birkholz does not teach that the outer support ring comprises a ceramic composite material. Lau teaches forming hot section components of a gas turbine engine out of a ceramic matrix composite (paragraph [0004]). It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to make the outer support ring of Birkholz out of a CMC material, as taught by Lau, in order to withstand the high temperatures of the high temperature environment that comprises the turbine section (paragraph [0004]).
Allowable Subject Matter
Claims 12-17 are allowed.
Claims 6-8, 20 and 21 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: prior art fails to teach, in combination with the other limitations of dependent claim 6, that the growth of the mounting structure causes the airfoil to rotate about the pitch axis; prior art fails to teach, in combination with the other limitations of dependent claim 7 and 8, a ratio of first to second coefficient of thermal expansion within the ranges of 0.1 to 0.4 and 0.16 to 0.2 respectively; prior art fails to teach, in combination with the other limitations of independent claim 12, that the coefficient of thermal expansion of the extension of the airfoil is greater than the coefficient of thermal expansion of the outer support ring; prior art fails to teach, in combination with the other limitations of dependent claim 20, sliding the extension along the outer support ring depending upon the temperature of the combustion gas flow; and prior art fails to teach, in combination with the other limitations of dependent claim 21, moving an inner support ring to a closer radial distance toward the outer support ring, where the rings are coupled by at least one linkage.
Response to Arguments
Applicant's arguments filed 1/30/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the adjustment of the airfoils about the pitch axis does not comprise use of an electromechanical signal) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
THIS ACTION IS MADE FINAL. 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 STEVEN M SUTHERLAND whose telephone number is (571)270-1902. The examiner can normally be reached M-F 8-5.
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/STEVEN M SUTHERLAND/Primary Examiner, Art Unit 3752