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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Applications Nos. 17/978,629; 18/481,515; 18/500,517; 18/650,586; 18/976,748 fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Applications Nos. 17/978,629; 18/481,515; 18/500,517 fail to disclose a corrected specific power (CSP) as described in claims 1, 17 and 20. Therefore, claims 1-20 are not entitled to the benefit of the prior applications.
Applications Nos. 17/978,629; 18/481,515; 18/500,517; 18/650,586; 18/976,748 fail to disclose an inlet screen comprising a frame including a mesh assembly, the inlet screen in thermal communication with air from the compressor section flowing proximate to the frame to heat the mesh assembly in claims 1, 17 and 20. Therefore, claims 1-20 are not entitled to the benefit of the prior applications.
Claim Objections
Claims 2 and 19 are objected to because of the following informalities:
Claims 2 and 19 recite “air from the compressor section” in lines 7-8 of the claim and should recite “the air from the compressor section”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 2-4, 16 and 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.
Claims 2 and 19 recite “fluid” in line 5 of the claim. It is not clear if this is part of the fluids recited in line 2 of the claim or a different fluid. Clarification is required. For purposes of examination this is assumed to refer to the fluids described earlier in the claim.
Claim 4 recites “hot air from the compressor section”. It is not clear if this refers to the air from the compressor section recited in base claim 1 or an additional element. Clarification is required. For purposes of examination this is assumed to refer to the air from the compressor section recited in base claim 1.
Claim 16 recites “such that the first year and the second tier together define a mesh”. It is not clear what a first year means in this context. Clarification is required. For purposes of examination this limitation is assumed to be a typographical error and first year is first tier.
Claims dependent thereon inherit the deficiencies of the respective base claim.
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 20 and 27 of US Patent 12,535,037 (‘037) in view of Grissino et al. (US 2017/0268424).
Regarding claim 1, claim 1 of ‘037 teaches a gas turbine engine comprising:
a turbomachine comprising a compressor section, a combustion section, and a turbine section arranged in serial flow order, the compressor section having a high pressure compressor defining a high pressure compressor exit area (AHPCExit) in square inches and the turbine section having a drive turbine defining a drive turbine exit area (ADTExit) in square inches, the turbomachine further comprising:
a drive turbine shaft coupled to the drive turbine;
wherein the gas turbine engine defines a maximum exhaust gas temperature (EGT) in degrees Celsius, a maximum drive turbine shaft torque (TOUT) in Newton meters, and a corrected specific power (CSP) in Newtons squared times degrees Celsius over meters squared, wherein the corrected specific power is determined as follows:
T
O
U
T
A
D
T
E
x
i
t
2
*
E
G
T
A
H
P
C
E
x
i
t
*
10
-
11
;
wherein CSP is greater than
0.0001194
×
E
G
T
2
-
0.103
×
E
G
T
+
22.14
and less than
0.0003294
×
E
G
T
2
-
0.306
×
E
G
T
+
77.9
1
; and
wherein EGT is greater than 525 degrees Celsius and less than 1250 degrees Celsius.
Claim 1 of ‘037 is silent on an inlet screen comprising a frame including a mesh assembly, the inlet screen in thermal communication with air from the compressor section flowing proximate to the frame to heat the mesh assembly.
Grissino teaches an inlet screen (Figure 2, 50) comprising a frame (53) including a mesh assembly (70), the inlet screen in thermal communication with air from the compressor section (Air from compressor section 39 (see figure 1) enters via inlet 63) flowing proximate to the frame to heat the mesh assembly (paragraph 23).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ‘037 invention to include an inlet screen comprising a frame including a mesh assembly, the inlet screen in thermal communication with air from the compressor section flowing proximate to the frame to heat the mesh assembly in order to prevent ice build up on foreign object debris screens as suggested and taught by Grissino in paragraph 1.
Regarding claim 2, claim 1 of ‘037 in view of Grissino teach the invention as claimed and described above. Grissino further teaches wherein the frame includes at least a portion (Figure 2, header 57) configured to conduct fluids (air from compressor section, see paragraph 23), and wherein the inlet screen further comprises:
a tube (tubes within first tier 73) through which different portions of the frame are fluidly connected (Figure 2);
a discharge outlet (65) defined within the frame that is configured to discharge fluid (See 112 above, air from compressor 39) into an air intake (Figure 1, 34); and
an inlet (Figure 2, 63) defined within the frame;
wherein the inlet is fluidly connected to the compressor section such that air from the compressor section flows through the inlet, through the tube, and through the discharge outlet, to return to the compressor section (paragraph 23).
Regarding claim 3, claim 1 of ‘037 in view of Grissino teach the invention as claimed and described above. Grissino further teaches wherein the mesh assembly is formed of a plurality of tubes (Figure 5, 74 and 84).
Regarding claim 4, claim 1 of ‘037 in view of Grissino teach the invention as claimed and described above. Grissino further teaches wherein the frame is configured to be heated by hot air from the compressor section around its perimeter (See 112 section above. Claim 5).
Regarding claim 5, claim 1 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 5 of ‘037 teaches further comprising:
an intercooler assembly comprising a heat exchanger, the heat exchanger in thermal communication with the compressor section.
Regarding claim 6, claim 5 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 6 of ‘037 teaches wherein the compressor section defines in part a working gas flowpath through the turbomachine, and wherein the heat exchanger is in direct thermal communication with the working gas flowpath through the compressor section.
Regarding claim 7, claim 5 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 7 of ‘037 teaches wherein the compressor section defines in part a working gas flowpath through the turbomachine, wherein the compressor section comprises a first compressor and a second compressor, and wherein the heat exchanger is in thermal communication with the working gas flowpath through the compressor section at a location between the first compressor and the second compressor.
Regarding claim 8, claim 5 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 8 of ‘037 teaches The gas turbine engine of claim 5, wherein the compressor section defines in part a working gas flowpath through the turbomachine, wherein the compressor section comprises a compressor defining an upstream end and a downstream end, and wherein the heat exchanger is in thermal communication with the working gas flowpath through the compressor at a location between the upstream end and the downstream end of the compressor.
Regarding claim 9, claim 5 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 9 of ‘037 teaches wherein the heat exchanger is located externally of the turbomachine.
Regarding claim 10, claim 5 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 10 of ‘037 teaches further comprising a fuel system configured as a liquid hydrogen fuel system, and wherein the heat exchanger is in thermal communication with the liquid hydrogen fuel system.
Regarding claim 11, claim 1 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 11 of ‘037 teaches wherein the compressor section comprises a first compressor, and wherein the first compressor is configured as an axial compressor, a centrifugal compressor, or an axial- centrifugal compressor.
Regarding claim 12, claim 11 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 12 of ‘037 teaches wherein the compressor section further comprises a second compressor, and wherein the second compressor is configured as an axial compressor, a centrifugal compressor, or an axial- centrifugal compressor.
Regarding claim 13, claim 1 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 13 of ‘037 teaches wherein the turbine section comprises a high pressure turbine having a first stage of high pressure turbine rotor blades, and wherein the gas turbine engine further comprises:
a cooled cooling air system in fluid communication with the first stage of high pressure turbine rotor blades.
Regarding claim 14, claim 13 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 14 of ‘037 teaches wherein the cooled cooling air system is further in fluid communication with the high pressure compressor for receiving an airflow from the high pressure compressor, and wherein the cooled cooling air system further comprises a heat exchanger in thermal communication with the airflow for cooling the airflow.
Regarding claim 15, claim 1 of ‘037 in view of Grissino teach the invention as claimed and described above. Grissino further teaches wherein the tubes are arranged in two tiers (Figure 2, 73 and 83) such that the tubes in each tier are parallel to tubes also in that tier (Figure 5 shows first tier tubes 74 are parallel to each other and second tier tubes 84 are parallel to each other) and the tubes in each tier cross tubes of the other tier to form a mesh (Figures 5 and 6 show the tubes in each tier cross the tubes of the other tier and form a mesh).
Regarding claim 16, claim 1 of ‘037 in view of Grissino teach the invention as claimed and described above. Grissino further teaches wherein the tubes are in a first-tier (Figure 2, 73) and solid wire links (claim 9) are positioned in a second-tier (83) such that the first year (See 112 above) and the second tier together define a mesh (Figure 5).
Regarding claim 17, claim 20 of ‘037 teaches a gas turbine engine comprising:
a turbomachine comprising a compressor section, a combustion section, and a turbine section arranged in serial flow order, the compressor section having a high pressure compressor defining a high pressure compressor exit area (AHPCExit) in square inches and the turbine section having a drive turbine defining a drive turbine exit area (ADTExit) in square inches, the turbomachine further comprising:
a drive turbine shaft coupled to the drive turbine and defining an overall pressure ratio greater than 14:1 and less than or equal to 22:1; and
wherein the gas turbine engine defines a maximum exhaust gas temperature (EGT) greater than 600 degrees Celsius and less than 1000 degrees Celsius, an output power of at least 550 horsepower and up to 2,000 horsepower when operated at a rated speed, a maximum drive turbine shaft torque (TOUT) in Newton meters, and a corrected specific power (CSP) in Newtons squared times degrees Celsius over meters squared, wherein CSP is greater than 3.3 and less than 101 and is determined as follows:
T
O
U
T
A
D
T
E
x
i
t
2
*
E
G
T
A
H
P
C
E
x
i
t
*
10
-
11
.
Claim 20 of ‘037 is silent on an inlet screen comprising a frame including a mesh assembly, the inlet screen in thermal communication with air from the compressor section flowing proximate to the frame to heat the mesh assembly.
Grissino teaches an inlet screen (Figure 2, 50) comprising a frame (53) including a mesh assembly (70), the inlet screen in thermal communication with air from the compressor section (Air from compressor section 39 (see figure 1) enters via inlet 63) flowing proximate to the frame to heat the mesh assembly (paragraph 23).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ‘037 invention to include an inlet screen comprising a frame including a mesh assembly, the inlet screen in thermal communication with air from the compressor section flowing proximate to the frame to heat the mesh assembly in order to prevent ice build up on foreign object debris screens as suggested and taught by Grissino in paragraph 1.
Regarding claim 18, claim 20 of ‘037 in view of Grissino teach the invention as claimed and described above. Claim 22 of ‘037 teaches wherein the turbomachine comprises a stage of variable inlet guide vanes upstream of the compressor section and a stage of variable stator vanes within the compressor section.
Regarding claim 19, claim 20 of ‘037 in view of Grissino teach the invention as claimed and described above. Grissino further teaches wherein the frame includes at least a portion (Figure 2, header 57) configured to conduct fluids (air from compressor section, see paragraph 23), and wherein the inlet screen further comprises:
a tube (tubes within first tier 73) through which different portions of the frame are fluidly connected (Figure 2);
a discharge outlet (65) defined within the frame that is configured to discharge fluid (See 112 above, air from compressor 39) into an air intake (Figure 1, 34); and
an inlet (Figure 2, 63) defined within the frame;
wherein the inlet is fluidly connected to the compressor section such that air from the compressor section flows through the inlet, through the tube, and through the discharge outlet, to return to the compressor section (paragraph 23).
Regarding claim 20, claim 27 of ‘037 teaches a method of operating a gas turbine engine, comprising:
operating the gas turbine engine at a takeoff power level, wherein operating the gas turbine engine at the takeoff power level comprises driving a propeller of a propeller assembly across a propeller shaft of the propeller assembly, the gas turbine engine further comprising a turbomachine with a high pressure compressor defining a high pressure compressor exit area (AHPCExit) in square inches, a drive turbine defining a drive turbine exit area (ADTExit) in square inches, and the gas turbine engine defining a maximum exhaust gas temperature (EGT) in degrees Celsius, a maximum drive turbine shaft torque (TOUT) in Newton meters, and a corrected specific power in Newtons squared times degrees Celsius over meters squared;
wherein the corrected specific power (CSP) is determined as follows:
T
O
U
T
A
D
T
E
x
i
t
2
*
E
G
T
A
H
P
C
E
x
i
t
*
10
-
11
;
wherein CSP is greater than
0.0001194
×
E
G
T
2
-
0.103
×
E
G
T
+
22.14
and less than
0.0003294
×
E
G
T
2
-
0.3061
×
E
G
T
+
77.91
; and
wherein EGT is greater than 525 degrees Celsius and less than 1250 degrees Celsius.
Claim 27 of ‘037 is silent on an inlet screen comprising a frame including a mesh assembly, the inlet screen in thermal communication with air from the compressor section flowing proximate to the frame to heat the mesh assembly.
Grissino teaches an inlet screen (Figure 2, 50) comprising a frame (53) including a mesh assembly (70), the inlet screen in thermal communication with air from the compressor section (Air from compressor section 39 (see figure 1) enters via inlet 63) flowing proximate to the frame to heat the mesh assembly (paragraph 23).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ‘037 invention to include an inlet screen comprising a frame including a mesh assembly, the inlet screen in thermal communication with air from the compressor section flowing proximate to the frame to heat the mesh assembly in order to prevent ice build up on foreign object debris screens as suggested and taught by Grissino in paragraph 1.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 20 and 19 of U.S. Patent No. 12,196,131 in view of Grissino et al. (US 2017/0268424) in the same manner as described above.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 20 and 19 of U.S. Patent No. 12,392,290 in view of Grissino et al. (US 2017/0268424) in the same manner as described above.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 15 of U.S. Patent No. 12,535,033 in view of Grissino et al. (US 2017/0268424) in the same manner as described above.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 15 of copending Application No. 19/098,613 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16 and 19 of copending Application No. 19/098,642 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9 and 17 of copending Application No. 19/098,652 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 18 of copending Application No. 19/180,378 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 17 and 20 of copending Application No. 19/180,687 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16 and 19 of copending Application No. 19/180,742 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 20 of copending Application No. 19/194,856 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16 and 20 of copending Application No. 19/194,896 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 21 of copending Application No. 19/194,975 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 21 of copending Application No. 19/194,999 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 20 of copending Application No. 19/299,724 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 20 of copending Application No. 19/317,285 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 20 of copending Application No. 19/317,457 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1 and 11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 16 of copending Application No. 19/317,584 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 20 of copending Application No. 19/358,481 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 20 of copending Application No. 19/445,929 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 20 of copending Application No. 19/457,294 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 20 of copending Application No. 19/661,807 in view of Grissino et al. (US 2017/0268424) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Conclusion
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/KATHERYN A MALATEK/Primary Examiner, Art Unit 3741
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