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 applications, Application Nos. 17/978,629; 18/481,515; 18/500,517; 18/650,586; and 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. The prior-filed applications fail to disclose at least one of a shroud or a liner covering at least a portion of the compressor section or the turbine section, the shroud including a plurality of shroud segments and a support structure, a respective shroud segment including a hook portion connecting the respective shroud segment to the support structure, the shroud further including a seal between the respective shroud segment and the support structure at the hook portion described in independent claims 1, 16 and 20. Accordingly, claims 1-20 are not entitled to the benefit of the prior application.
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 of U.S. Patent No. 12,196,131 (‘131) in view of Baldiga et al. (US 2015/0098829).
Regarding claim 1, claim 1 of ‘131 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
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 ‘131 is silent on at least one of a shroud or a liner covering at least a portion of the compressor section or the turbine section, the shroud including a plurality of shroud segments and a support structure, a respective shroud segment including a hook portion connecting the respective shroud segment to the support structure, the shroud further including a seal between the respective shroud segment and the support structure at the hook portion.
Baldiga teaches at least one of a shroud or a liner (22) covering at least a portion of the compressor section or the turbine section (turbine blade 23), the shroud including a plurality of shroud segments (paragraph 8) and a support structure (24), a respective shroud segment including a hook portion (46 and 48) connecting the respective shroud segment to the support structure (see figure), the shroud further including a seal (64) between the respective shroud segment and the support structure at the hook portion (see figure).
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 ‘131s invention to include at least one of a shroud or a liner covering at least a portion of the compressor section or the turbine section, the shroud including a plurality of shroud segments and a support structure, a respective shroud segment including a hook portion connecting the respective shroud segment to the support structure, the shroud further including a seal between the respective shroud segment and the support structure at the hook portion in order to reduce air leakage and thus increasing engine efficiency as suggested and taught by Baldiga in paragraphs 3 and 4.
Regarding claim 2, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Baldiga further teaches where the seal includes at least one of a spline seal or a rope seal (paragraph 10).
Regarding claim 3, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Baldiga further teaches further including a plurality of seals (paragraph 10).
Regarding claim 4, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Baldiga further teaches wherein the respective shroud segment and the support structure are arranged at the hook portion according to a pre-chording fit (the figure shows the structures have a fit prior to chording).
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Regarding claim 5, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Baldiga further teaches further including a heat shield (See annotated figure).
Regarding claim 6, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 5 of ‘131 further teaches further comprising:
an intercooler assembly comprising a heat exchanger, the heat exchanger in thermal communication with the compressor section.
Regarding claim 7, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 6 of ‘131 further 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 8, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 7 of ‘131 further 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 9, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 8 of ‘131 further teaches 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 10, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 9 of ‘131 further teaches wherein the heat exchanger is located externally of the turbomachine.
Regarding claim 11, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 10 of ‘131 further 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 12, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 11 of ‘131 further 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 13, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 12 of ‘131 further 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 14, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 13 of ‘131 further 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 15, claim 1 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 14 of ‘131 further 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 16, claim 20 of ‘131 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 ‘131 is silent on at least one of a shroud or a liner covering at least a portion of the compressor section or the turbine section, the shroud including a plurality of shroud segments and a support structure, a respective shroud segment including a hook portion connecting the respective shroud segment to the support structure, the shroud further including a seal between the respective shroud segment and the support structure at the hook portion.
Baldiga teaches at least one of a shroud or a liner (22) covering at least a portion of the compressor section or the turbine section (turbine blade 23), the shroud including a plurality of shroud segments (paragraph 8) and a support structure (24), a respective shroud segment including a hook portion (46 and 48) connecting the respective shroud segment to the support structure (see figure), the shroud further including a seal (64) between the respective shroud segment and the support structure at the hook portion (see figure).
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 ‘131s invention to include at least one of a shroud or a liner covering at least a portion of the compressor section or the turbine section, the shroud including a plurality of shroud segments and a support structure, a respective shroud segment including a hook portion connecting the respective shroud segment to the support structure, the shroud further including a seal between the respective shroud segment and the support structure at the hook portion in order to reduce air leakage and thus increasing engine efficiency as suggested and taught by Baldiga in paragraphs 3 and 4.
Regarding claim 17, claim 20 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 22 of ‘131 further 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 18, claim 20 of ‘131 in view of Baldiga teach the invention as claimed and described above. Claim 23 of ‘131 further teaches wherein the turbine section further comprises a high pressure turbine having a first stage of high pressure turbine rotor blades and a second stage of high pressure turbine rotor blades, wherein the first and second stages of high pressure turbine rotor blades each include air cooled high pressure turbine rotor blades.
Regarding claim 19, claim 20 of ‘131 in view of Baldiga teach the invention as claimed and described above. Baldiga further teaches where the seal includes at least one of a spline seal or a rope seal (paragraph 10).
Regarding claim 20, claim 27 of ‘131 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 ‘131 is silent on at least one of a shroud or a liner covering at least a portion of the turbomachine, the shroud including a plurality of shroud segments and a support structure, a respective shroud segment including a hook connecting the respective shroud segment to the support structure, the shroud further including a seal between the respective shroud segment and the support structure at the hook.
Baldiga teaches at least one of a shroud or a liner (22) covering at least a portion of the turbomachine (turbine blade 23), the shroud including a plurality of shroud segments (paragraph 8) and a support structure (24), a respective shroud segment including a hook (46 and 48) connecting the respective shroud segment to the support structure (see figure), the shroud further including a seal (64) between the respective shroud segment and the support structure at the hook (see figure).
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 ‘131s invention to include at least one of a shroud or a liner covering at least a portion of the turbomachine, the shroud including a plurality of shroud segments and a support structure, a respective shroud segment including a hook connecting the respective shroud segment to the support structure, the shroud further including a seal between the respective shroud segment and the support structure at the hook in order to reduce air leakage and thus increasing engine efficiency as suggested and taught by Baldiga in paragraphs 3 and 4.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above.
Claims 1, 16, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 20 and 27 of U.S. Patent No. 12,535,037 in view of Baldiga et al. (US 2015/0098829) in the same manner as described above.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 18 and 20 of copending Application No. 19/180,378 in view of Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 17 and 20 of copending Application No. 19/180,421 in view of Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1 and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 18 of copending Application No. 19/180,687 in view of Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1 and 16 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 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 Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 20 of copending Application No. 19/761,296 in view of Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
Claims 1, 16, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9 and 17 of copending Application No. 19/710,517 in view of Baldiga et al. (US 2015/0098829) in the same manner as described above. This is a provisional nonstatutory double patenting rejection.
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.
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/KATHERYN A MALATEK/Primary Examiner, Art Unit 3741
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