Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 04 June 2026 has been entered.
DETAILED ACTION
Status of Claims
This action is in reply to the communication(s) filed on 04 June 2026.
Claims 1-4, 11-12, 18-21, 27, and 30-53 are currently pending.
Claims 1-4, 11-12, 18-21, 27, and 30-53 are rejected.
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 .
Claim Interpretation
As per paragraph [0049] of the Specification, the term “V1” is defined as a vector of unit magnitude and represents the average flow direction integrated over the disk area of the intended rotor location as it would be positioned on an aircraft but without the effects of the engine on the flow for a given flight condition. In one aspect, the term "V1" can be simplified to be a vector of unit magnitude aligned to the flight direction extending from upstream to downstream.
As per paragraph [0050] of the Specification, the term “V2” is defined as a vector of unit magnitude and represents the rotor axis of rotation RAR of the open fan engine, where the direction depends on the rotation direction of the rotor. For clockwise forward looking aft (FLA) rotor rotation, V2 extends from forward to aft along the rotor axis of rotation RAR and for counter-clockwise FLA rotor rotation V2 extends from aft to forward along the rotor axis of rotation RAR.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Examiner note: No 112(f) invocations are identified in this office action.
Terminal Disclaimer
The terminal disclaimer filed on 06 February 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent Number 12305537 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 1-4, 11-12, 18-21, 27, and 30-53 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.
Regarding Claims 1 and 32:
The claim language, “a span of the vane…the span of the vane,” (emphasis added) renders the claim indefinite since the term “the vane” lacks sufficient antecedent basis for the limitation in the claim. It is not clear if “the vane” is meant to refer to a vane of each of the vanes of the vane assembly or if an additional structure is required. For purposes of examination, the claim language is interpreted to be, “a span of [[the]] a vane of each of the vanes…the span of the vane.”
Regarding Claims 2-4, 11-12, 18-21, 27, 30-31, and 33-53:
Claims 2-4, 11-12, 18-21, 27, 30-31, and 33-53 are rejected by virtue of dependence.
Allowable Subject Matter
Claims 1-4, 11-12, 18-21, 27, and 30-53 would be allowable if rewritten or amended 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.
The following is an examiner’s statement of reasons for allowance:
In combination with the other structures required by the independent claims, the inclusion of:
Regarding Claim 1:
the vane assembly comprising a plurality of vanes, each arranged about the stator at a different circumferential location θ, where θ is measured relative to a circumferential positioning vector (CPV) defined as the cross-product of VI and V2 (VI x V2), and 0 increases in the direction of rotor rotation, each of the plurality of vanes having a chord (C), and a leading edge (LE), leading edge angle (LEA) and a mean camber line (MCL) at a span of the vane, a delta in leading angle (DLEA) from an average leading edge angle (ALEA) at that span for each of the plurality of vanes being between:
9
*
c
o
s
(
0.8
*
θ
+
π
5
)
+
7.9
and
3.5*cos(θ)-7.5
wherein a first reference line (RI) at the span of the vane has a starting point (SP) at the LE and on the mean camber line (MCL) and an end point (EP) on the MCL at between 2% and 15% of the C measured from the LE;
wherein a second reference line (R2) extends forward from the EP of the RI in a direction toward the LE and parallel to the axis of rotation; and
wherein the LEA is measured from the R2 to the R1;
Regarding Claim 32:
the vane assembly comprising a plurality of vanes, each arranged about the stator at a different circumferential location θ, where θ is measured relating to a circumferential positioning vector (CPV) defined as a line that extends from the RAR horizontally to the left when forward looking aft (FLA) for clockwise rotor rotation FLA and continuing in the direction of rotation and starting from a line that extends from the RAR horizontally to the right when FLA for counter-clockwise rotation FLA and continuing in the direction of rotation, each of the plurality of vanes having a chord (C), and a leading edge (LE), leading edge angle (LEA) and a mean camber line (MCL) at a span of the vane, a delta in leading angle (DLEA) from an average leading edge angle (ALEA) at that span for each of the plurality of vanes being between:
9
*
c
o
s
(
0.8
*
θ
+
π
5
)
+
7.9
and
3.5*cos(θ)-7.5
wherein a first reference line (RI) at the span of the vane has a starting point (SP) at the LE and on the mean camber line (MCL) and an end point (EP) on the MCL at between 2% and 15% of the C measured from the LE;
wherein a second reference line (R2) extends forward from the EP of the RI in a direction toward the LE and parallel to the axis of rotation; and
wherein the LEA is measured from the R2 to the R1;
was not found or fairly taught by prior art and differentiated the claims from the closest prior art to Nelson et al (US 4784575) or Khalid et al (US 11572827).
The Examiner notes, Nelson et al is considered the closest prior art, but does not teach the limitations as described above.
Further, it appears there would be no reason to modify the prior art without the benefit of Applicant's disclosure and impermissible hindsight.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN C DELRUE whose telephone number is (313)446-6567. The examiner can normally be reached Monday - Friday; 9:00 AM - 5:00 PM (Eastern).
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 E. Wiehe can be reached on (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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/BRIAN CHRISTOPHER DELRUE/ Primary Examiner, Art Unit 3745
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