DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are currently pending in the application.
Specification
The disclosure is objected to because of the following informalities:
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested:
PROPULSION SYSTEM HAVING AFTERBURNER WITH HOT AND COLD ZONES FOR JET NOISE REDUCTION
Appropriate correction is required.
Claim Objections
Claim 9 objected to because of the following informalities:
Claim 9, the last 2 lines, “a second plurality of fuel injection members defining a hot zone and a cold zone” should be clarified to:
-- a second plurality of fuel injection members defining a respective hot zone and a respective cold zone--,
to differentiate the zones from those already introduced in claim 1;
Appropriate correction is required.
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.
Claim 3 is 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 pre-AIA the applicant regards as the invention.
Claim 3 recites “wherein the hot zone is above the cold zone in a vertical direction of the afterburner assembly”. This renders the claim indefinite, as it leads to confusion to the arrangement of the hot and cold zones with respect to each other when considered with the recitation of claim 1 stating “the cold zone is positioned radially outward of the hot zone”. Afterburner assemblies for turbomachines are typically arranged about a rotational axis of the turbomachine, and claim 1 implies this by using the “radial” frame of reference with respect to a “plurality of fuel injection members”. The instant disclosure discusses in one embodiment (see instant Drawings Fig. 3) the plurality of fuel injection members being annularly arranged, and depicts a “cold zone 100” that is annularly surrounding the “hot zone 102” and thus “radially outward of the hot zone” (Fig. 3). In a different embodiment (see instant Drawings Fig. 4), a hot zone 102 is vertically above a cold zone 100 relative to a centerline 103, but the cold zone in this case is not positioned radially outward of the hot zone (at least not with respect to a central axis of the propulsion system). For a “cold zone” to thus be “radially outward of the hot zone” while also having the “hot zone” be “above the cold zone in a vertical direction of the afterburner assembly”, the hot and cold zones would have to be at a “bottom” of the system relative to the vertical direction and nowhere else (e.g. at the “top” of the system as shown in the instant application’s Fig. 3, the cold zone would be “above” the hot zone since the cold zone must be radially outward of the hot zone). It is unclear if the claim is thus requiring the hot and cold zones be located only at this particular location, or is only describing a singular location encompassed by the overall hot and cold zones. It is also unclear if the recitation of claim 3 is made in error and is meant to be a completely separate embodiment of the propulsion system compared to that described in claim 1 (based on the differences between embodiments shown in Fig. 3 & 4 as discussed above). Furthermore, the use of the term “vertical direction” is vague and lacks additional clarifying frame of reference (the orientation of the propulsion system can change during operation while a “vertical direction” is a static reference).
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.
Claim 1-2, 4-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-9 of U.S. Patent No. 12,339,002. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent encompass the subject matter of the application.
Regarding independent claim 1, the patent claims a propulsion system (claim 1) comprising:
a turbomachine (claim 1, col. 13, ln. 10); and
an afterburner assembly disposed downstream of the turbomachine (claim 1, col. 13, ln. 11-12), the afterburner assembly comprising:
an exhaust section (claim 1, col. 13, ln. 13); and
a fuel injector assembly operable for injecting a fuel in the exhaust section (claim 1, col. 13, ln. 14-16), the fuel injector assembly comprising a plurality of fuel injection members defining a hot zone and a cold zone (claim 1, col. 19-26), wherein the cold zone is positioned radially outward of the hot zone (claim 1, col. 13, ln. 26-27),
wherein during operation of the propulsion system in a full thrust condition, the cold zone radially shields noise generated by the hot zone thereby reducing external noise produced by the afterburner assembly (claim 1, col. 13, ln. 28-31).
The claims of the patent "anticipate" the claims of the application. Accordingly, the application claims are not patentably distinct from the patent claims. Here, the more specific patent claims encompass the broader application claims. Following the rationale in In re Goodman cited in the preceding paragraph, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer.
Regarding claim 2, the patent claims the propulsion system of claim 1, wherein during operation of the propulsion system, a noise insulation barrier for the hot zone is provided by the cold zone (claim 1, col. 13, ln. 29-31).
Regarding claim 4, the patent claims the propulsion system of claim 1, wherein the fuel injector assembly is operable to modify a fuel injection rate of the plurality of fuel injection members (claim 1, col. 13, ln. 35-37).
Regarding claim 5, the patent claims the propulsion system of claim 4, wherein the plurality of fuel injection members comprises a first fuel injection member, the first fuel injection member comprising a first set of fuel nozzles and a second set of fuel nozzles, the first set of fuel nozzles positioned in the cold zone, the second set of fuel nozzles positioned in the hot zone, and wherein the fuel injector assembly is operable to control a fuel injection rate of the first set of fuel nozzles relative to a fuel injection rate of the second set of fuel nozzles (claim 3, col. 14, ln. 5-13).
Regarding claim 6, the patent claims the propulsion system of claim 1, wherein the fuel injector assembly further comprises a flame stability device (claim 1, col. 13, ln. 16-17).
Regarding claim 7, the patent claims the propulsion system of claim 6, wherein the flame stability device is at least one of a v-gutter flame holder, h-gutter flame holder, ring flame holder, or a plurality of flame holders (claim 4, col. 14, ln. 15-18).
Regarding claim 8, the patent claims the propulsion system of claim 6, wherein the flame stability device is positioned downstream of the plurality of fuel injection members (claim 1, col. 13, ln. 38-41).
Regarding claim 9, the patent claims the propulsion system of claim 1, wherein the afterburner assembly is a first afterburner assembly, wherein the fuel injector assembly is a first fuel injector assembly, wherein the plurality of fuel injection members is a first plurality of fuel injection members, wherein the propulsion system further comprises a second afterburner assembly having a second fuel injector assembly, wherein the second fuel injector assembly comprises a second plurality of fuel injection members defining a hot zone and a cold zone (claim 5, col. 14, ln. 19-27).
Regarding claim 10, the patent discloses the propulsion system of claim 9, wherein the cold zone of the second afterburner assembly is positioned to provide a noise insulation barrier for the hot zone of the second afterburner assembly (claim 6, col. 14, ln. 28-31).
Regarding claim 11, the patent discloses the propulsion system of claim 9, wherein the hot zone of the first afterburner assembly and the hot zone of the second afterburner assembly are adjacent (claim 7, col. 14, ln. 32-34).
Regarding claim 12, the patent discloses the propulsion system of claim 1, wherein the fuel injector assembly defines a first average temperature within the cold zone during an operating condition of the propulsion system, wherein the fuel injector assembly defines a second average temperature within the hot zone during the operating condition of the propulsion system, and wherein the first average temperature is at least 10% lower than the second average temperature (claim 8, col. 14, ln. 35-42).
Regarding claim 13, the patent claims the propulsion system of claim 1, further comprising: a turbomachine located upstream of the afterburner assembly (claim 1, col. 13, ln. 10-12) and defining an axial direction (claim 9, col. 14, ln. 43-44), wherein the propulsion system defines a crosswise plane perpendicular to the axial direction, and wherein the hot zone and the cold zone are defined in the crosswise plane (claim 9, col. 14, ln. 45-48).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6-16, 19 & 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kohler (US 3,595,024).
Regarding independent claim 1, Kohler discloses a propulsion system (Fig. 1, “ducted fan-jet power plant”) comprising:
a turbomachine (Fig. 1, “jet engine”); and
an afterburner assembly (Fig. 2-8) disposed downstream of the turbomachine (Fig. 1), the afterburner assembly comprising:
an exhaust section 9 (jet pipe, Fig. 1-2); and
a fuel injector assembly (Fig. 2 & 3) operable for injecting a fuel (from pipes 18) in the exhaust section (via fuel discharge apertures 19, Fig. 2, Col. 3, ln. 71-Col. 4, ln. 9), the fuel injector assembly comprising a plurality of fuel injection members 12, 18 (discharge guide blades 12, respective injection pipes 18, and deflection blades 23, Fig. 2 & 3) defining a hot zone (the portion of the exhaust section 9 immediately downstream the blades 12 where the jet engine exhaust 17 enters the exhaust section) and a cold zone (the portion of the exhaust section 9 immediately downstream of the bypass flow channel 32 where bypass airflow 15 from the compressor 1 joins the exhaust section, Col. 3, ln. 61-65, “That portion of the bypass air flow of the low-pressure compressor 1 which has not passed thereby through the turbine discharge guide blades 12, flows in the direction of the arrow 15 into the afterburner jet pipe 9 in order to cool the associated heat shield 16 thereof”), wherein the cold zone is positioned radially outward of the hot zone (Fig. 2 below, the stream of fan bypass air surrounds the core engine flow as shown; note, the claim does not describe exactly in what way the fuel injection members “define” the hot zone and the cold zone; by virtue of the injection members having fuel discharge apertures 19 only in the core engine exhaust portion and not the fan bypass duct, a radially inner “hot zone” of hot core exhaust gas and a radially outer “cold zone” of colder fan bypass air would be formed),
wherein during operation of the propulsion system in a full thrust condition, the cold zone radially shields noise generated by the hot zone thereby reducing external noise produced by the afterburner assembly [functional language] (Col. 3, ln. 61-70, with the afterburner operational, such as in a full thrust operating condition, the cold zone of fan bypass air entering the exhaust section 9 would be radially outward and around the radially inner hot zone of the core exhaust gas having additional fuel injection via the fuel discharge apertures 19; by virtue of the cold zone existing around the hot zone and being formed by fan bypass air, the effect of the cold zone forming a radial noise shield would be achieved, based on the description of the claims and instant disclosure).
It has been held that “While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.” In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); MPEP 2114. In this case, the prior art teaches the claimed structure, and is capable of operating in the manner described to achieve the desired result based on the conditions recited in the claim.
Regarding claim 2, Kohler discloses the propulsion system of claim 1, wherein during operation of the propulsion system, a noise insulation barrier for the hot zone is provided by the cold zone [functional language] (Col. 3, ln. 61-70, when the afterburner is operating, fuel is injected into the core engine exhaust 17 that is radially inward of a fan bypass duct 32; colder fan bypass 15 air enters the exhaust section 9 in a region radially surrounding the core engine exhaust flow 17, which would provide the “noise insulation barrier”).
Regarding claim 3, Kohler discloses the propulsion system of claim 1, wherein the hot zone is above the cold zone in a vertical direction of the afterburner assembly (Fig. 1, at the “bottom” of the propulsion system, the portion of the hot zone at the bottom side of the system is vertically above the cold zone at the bottom of the system, since the cold zone is radially outward of the hot zone with respect to the system centerline 3; see rejection under 112(b) above).
Regarding claim 6, Kohler discloses the propulsion system of claim 1, wherein the fuel injector assembly further comprises a flame stability device 12, 24, 29, 33 (flame-holders, Fig. 2-6, Col. 3, ln. 43-Col. 4, ln. 2; Col. 4, ln. 25-30; Col. 4, ln. 51-64).
Regarding claim 7, Kohler discloses the propulsion system of claim 6, wherein the flame stability device is at least one of a v-gutter flame holder (the guide blades 12 are depicted as having a V-gutter shape, Fig. 5), h-gutter flame holder, ring flame holder (the flame-holder 24 is a ring, Fig. 4 & 5), or a plurality of flame holders (there are multiple flame-holding devices 12, 24, 29, 33).
Regarding claim 8, Kohler discloses the propulsion system of claim 6, wherein the flame stability device is positioned downstream of the plurality of fuel injection members 18 (at least flame-holders 29 & 33 are downstream of the injection members 18, 27, Fig. 1 & 6).
Regarding claim 9, Kohler discloses the propulsion system of claim 1, wherein the afterburner assembly is a first afterburner assembly (Fig. 3 below, there are multiple “afterburner assemblies” circumferentially arranged about the central axis 3 of the system), wherein the fuel injector assembly is a first fuel injector assembly, wherein the plurality of fuel injection members is a first plurality of fuel injection members (Fig. 3 below, the top 4 fuel injection members can be construed as a “first plurality of fuel injection members”), wherein the propulsion system further comprises a second afterburner assembly having a second fuel injector assembly, wherein the second fuel injector assembly comprises a second plurality of fuel injection members defining a hot zone and a cold zone (Fig. 3 below, the bottom 4 fuel injection members can be construed as a “second plurality of fuel injection members” of a “second afterburner assembly”, and would have a similar hot and cold zones as the first afterburner assembly).
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Regarding claim 10, Kohler The propulsion system of claim 9, wherein the cold zone of the second afterburner assembly is positioned to provide a noise insulation barrier for the hot zone of the second afterburner assembly [functional language] (Col. 3, ln. 61-70, when the afterburner is operating, fuel is injected by the second afterburner assembly into the core engine exhaust 17 that is radially inward of a fan bypass duct 32; colder fan bypass air 15 at the second afterburner assembly enters the exhaust section 9 in a region radially surrounding the core engine exhaust flow 17, which would provide the “noise insulation barrier”).
Regarding claim 11, Kohler discloses the propulsion system of claim 9, wherein the hot zone of the first afterburner assembly and the hot zone of the second afterburner assembly are adjacent (Fig. 3 above, the hot zones form halves of the overall central hot zone that is downstream the core engine).
Regarding claim 12, Kohler discloses the propulsion system of claim 1, wherein the fuel injector assembly defines a first average temperature within the cold zone during an operating condition of the propulsion system, wherein the fuel injector assembly defines a second average temperature within the hot zone during the operating condition of the propulsion system, and wherein the first average temperature is at least 10% lower than the second average temperature [functional language] (Col. 3, ln. 61-70).
It has been held that “While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.” In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); MPEP 2114. In this case, the prior art teaches the claimed structure, and is capable of operating in the manner described to achieve the desired result based on the conditions recited in the claim. The fan bypass air that flows into the cold zone during operation of the propulsion system is not heated or passed through the combustion section of the core engine, and hence would not be as hot as the core engine exhaust gas flowing into the hot zone. Furthermore, the exhaust gas passing into the hot zone has additional fuel injected therein by the afterburner assembly, which would increase its temperature further. Consequently, the average temperature within the cold zone, by virtue of comprising predominantly fan bypass air from the low pressure compressor, would more likely than not be at least 10% lower than an average temperature within the hot zone. The cold zone fan bypass airflow is also utilized to cool the downstream heat shield 16, which would necessitate a significant temperature difference between the cold zone and hot zone.
Regarding claim 13, Kohler discloses the propulsion system of claim 1, further comprising: a turbomachine (jet engine) located upstream of the afterburner assembly and defining an axial direction (along axis 3, Fig. 1), wherein the propulsion system defines a crosswise plane perpendicular to the axial direction (the plane of Fig. 3, for example), and wherein the hot zone and the cold zone are defined in the crosswise plane (Fig. 3 above).
Regarding independent claim 14, Kohler discloses a method of operating an afterburner assembly of a propulsion system, the method comprising:
operating the afterburner assembly to start-up the afterburner assembly (implicit, Col. 3, ln. 50-70); and
injecting fuel of a fuel injector assembly 18 in an exhaust section 9 of the propulsion system with a plurality of fuel injection members 18 (fuel injection pipes) of the fuel injector assembly (via fuel discharge apertures 19, Fig. 2, Col. 3, ln. 71-Col. 4, ln. 9) to define a hot zone (the portion of the exhaust section 9 immediately downstream the blades 12 where the jet engine exhaust 17 enters the exhaust section) and a cold zone (the portion of the exhaust section 9 immediately downstream of the bypass flow channel 32 where bypass airflow 15 from the compressor 1 joins the exhaust section, Col. 3, ln. 61-65, “That portion of the bypass air flow of the low-pressure compressor 1 which has not passed thereby through the turbine discharge guide blades 12, flows in the direction of the arrow 15 into the afterburner jet pipe 9 in order to cool the associated heat shield 16 thereof”; note, the claim does not describe exactly in what way the fuel injection members “define” the hot zone and the cold zone; by virtue of the injection members having fuel discharge apertures 19 only in the core engine exhaust portion and not the fan bypass duct, a radially inner “hot zone” of hot core exhaust gas and a radially outer “cold zone” of colder fan bypass air would be formed), the cold zone positioned to provide a noise insulation barrier for the hot zone (Col. 3, ln. 61-70, with the afterburner operational, such as in a full thrust operating condition, the cold zone of fan bypass air entering the exhaust section 9 would be radially outward and around the radially inner hot zone of the core exhaust gas having additional fuel injection via the fuel discharge apertures 19; by virtue of the cold zone existing around the hot zone and being formed by fan bypass air, the effect of the cold zone forming a radial noise shield would be achieved, based on the requirements of the claims and the description in the instant disclosure; note, the claim does not appear to imply that anything other than a “cold zone” being provided is necessary for the “noise insulation barrier” to exist; since the method of Kohler provides a hot zone and a cold zone, the desired result of providing a “noise insulation barrier” is interpreted as being achieved).
Regarding claim 15, Kohler discloses the method of claim 14, wherein the cold zone is radially outward of the hot zone (Fig. 3 above, Col. 3, ln. 61-70, the fan bypass air 15 exits into the exhaust section 9 radially outward of the core engine exhaust that receives fuel from the afterburner assembly’s fuel injectors; this fan bypass air remains radially outward of the “hot zone” to flow downstream to cool the heat shield 16).
Regarding claim 16, Kohler discloses the method of claim 14, wherein the hot zone is above the cold zone in a vertical direction of the afterburner assembly (Fig. 1 & 3 above, at the “bottom” of the propulsion system, the portion of the hot zone at the bottom side of the system is vertically above the cold zone at the bottom of the system, since the cold zone is radially outward of the hot zone with respect to the system centerline 3).
Regarding claim 19, Kohler discloses the method of claim 14, wherein the fuel injector assembly further comprises a flame stability device 12, 24, 29, 33 (flame-holders, Fig. 2-6, Col. 3, ln. 43-Col. 4, ln. 2; Col. 4, ln. 25-30; Col. 4, ln. 51-64).
Regarding claim 20, Kohler discloses the method of claim 19, wherein the flame stability device is at least one of a v-gutter flame holder (the guide blades 12 are depicted as having a V-gutter shape, Fig. 5), h-gutter flame holder, ring flame holder (the flame-holder 24 is a ring, Fig. 4 & 5), a plurality of flame holders (there are multiple flame-holding devices 12, 24, 29, 33), or any other suitable configuration of a flame holder.
Claims 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DuBell (US 4,720,971 A, cited in the information disclosure statement).
Regarding independent claim 14, DuBell discloses a method of operating an afterburner assembly 12 (“thrust augmentation section”) of a propulsion system (Fig. 1), the method comprising:
operating the afterburner assembly to start-up the afterburner assembly (Col. 5, ln. 21-54, fuel is distributed to the afterburner in sections/sub-zones as thrust requirements increase); and
injecting fuel of a fuel injector assembly 56 (“radial spraybars” Col. 6, ln. 8-16) in an exhaust section of the propulsion system (Col. 5, ln. 6-35) with a plurality of fuel injection members 56 (the spraybars, DuBell Fig. 5 below) of the fuel injector assembly to define a hot zone and a cold zone (Fig. 4 below, any of the subzones 46, 48, 50, 52, 54 could be construed as either "hot" or "cold" zones depending on the fuel distribution and flow rates to each zone, Col. 5, ln. 21-62; the annular subarea 46 in Fig. 4 could be construed as the "cold zone" since the flow by the "augmentor interior wall" is relatively cool, since fuel is not provided to that zone except at the "very highest rates of fuel flow" for "full thrust", Col. 3, ln. 41-44; the zones 48-54 of the augmentor are receiving fuel during low and intermediate fuel flow rates, thus defining a "hot zone", Col. 5, ln. 36-46), the cold zone positioned to provide a noise insulation barrier for the hot zone (when the outer zone 46 is not receiving fuel, it would constitute a “cold zone” surrounding the “hot zones” in subzones 48, 50, 52, and/or 54 that are receiving fuel from the fuel injection members; by virtue of the “cold zone” 46 existing around the hot zone, the effect of the cold zone forming a radial noise shield would be achieved, based on the requirements of the claims and the description in the instant disclosure; note, the claim does not appear to imply that anything other than a “cold zone” being provided is necessary for the “noise insulation barrier” to exist; since the method of DuBell provides a hot zone and a cold zone, the desired result of providing a “noise insulation barrier” is interpreted as being achieved).
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Regarding claim 15, DuBell discloses the method of claim 14, wherein the cold zone is radially outward of the hot zone (Fig. 4 above, the annular subarea 46 can be construed as the “cold zone” when it is not receiving fuel during low and intermediate fuel flow rate periods, and it is radially outward of the other zones 48-54 that receive afterburner fuel flow during the non-full thrust ranges, Col. 5, ln. 55-Col. 6, ln. 7).
Regarding claim 16, DuBell discloses the method of claim 14, wherein the hot zone is above the cold zone in a vertical direction of the afterburner assembly (Col. 5, ln. 63-66, the subzones 48, 50, 52 can receive fuel before the subzone 54 during a “second intermediate sub-range” of fuel flow/thrust, hence forming a “hot zone” in subzones 48-52, and a cold zone in subzone 54 vertically below subzones 48-52).
Regarding claim 17, DuBell discloses the method of claim 14, wherein injecting fuel of the fuel injector assembly in the exhaust section of the propulsion system comprises modifying a fuel injection rate of the plurality of fuel injection members (Col. 5, ln. 21-33, each sub-area 46-54 receives fuel at different sub-range of fuel injection rate, hence the fuel injection rate to the plurality of injection members is modified as fuel injection rates increase and thrust requirements increase).
Regarding claim 18, DuBell discloses the method of claim 14, wherein the plurality of fuel injection members comprises a first set of fuel nozzles 64 and a second set of fuel nozzles 62 (Fig. 5 above, Col. 6, ln. 8-23), the first set of fuel nozzles in the cold zone (Fig. 5 above, the first nozzles 64 are the most radially outward of the fuel nozzles and are shown in the annular zone 46 downstream the annular bypass duct 18), the second set of fuel nozzles in the hot zone (the second nozzles 62 are radially inward in the sub-areas 48-54), and wherein the fuel injector assembly is operable to control a fuel injection rate of the first set of fuel nozzles relative to a fuel injection rate of the second set of fuel nozzles (Col. 5, ln. 21-33, the sub-areas defining the hot and cold zones receive fuel from the fuel nozzles at different fuel injection sub-ranges).
Regarding claim 19, DuBell discloses the method of claim 14, wherein the fuel injector assembly further comprises a flame stability device (a “flameholder”, Col. 4, ln. 33-44, “Such augmentor arrangements may also include a flameholder (not shown) disposed downstream of the fuel distribution means 20 for providing a plane of increased turbulence at which the combustion reaction is maintained.”).
Regarding claim 20, DuBell discloses the method of claim 19, wherein the flame stability device is at least one of a v-gutter flame holder, h-gutter flame holder, ring flame holder, a plurality of flame holders, or any other suitable configuration of a flame holder (naturally, the flameholder of DuBell would be embodied as some “suitable configuration of a flameholder”, Col. 4, ln. 33-44).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kohler in view of Hagan (US 2,887,845 A).
Regarding claim 4, Kohler discloses the propulsion system of claim 1, but fails to explicitly disclose wherein the fuel injector assembly is operable to modify a fuel injection rate of the plurality of fuel injection members.
Hagen teaches a propulsion system (Fig. 1) including an afterburner assembly 31 (“main afterburner”) in an exhaust section 24a, having a fuel injection assembly (Fig. 1) with a plurality of fuel injection members 32, 35 (fuel injection manifolds), wherein the fuel injector assembly is operable to modify a fuel injection rate of the plurality of fuel injection members (via an “afterburner fuel control mechanism 52” connected to a control mechanism 55 and throttle lever 46 (Fig. 1, Col. 3, ln. 45-64).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have incorporated into the system of Kohler, the fuel injector assembly operable to modify a fuel injection rate of the plurality of fuel injection members, as taught by Hagen, in order to allow for delivery of metered quantities of fuel to the afterburner fuel injection members based on throttle inputs from a control/throttle lever or other control means (Hagan Col. 3, ln. 45-64). Naturally, the fuel injector assembly would have to have some means of controlling and adjusting the fuel flow rate into the afterburner assembly, in order to control when the afterburner is activated and how much fuel is to be delivered thereto based on thrust demands.
Allowable Subject Matter
Claim 5 is 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, as well as a timely Terminal Disclaimer filed in response to the Non-Statutory Double Patenting rejection presented above.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Markowski (US 3919840 A, US 3788065 A) teaches a combustion chamber having a hot zone and a cold zone.
Weinstein (US 5483793 A) teaches a propulsion system with an afterburner having adjacent hot and cold zones for infrared radiation suppression.
Beal (US 4418531 A) teaches a propulsion system with afterburner having a hot stream zone adjacent a cold stream zone.
Geiser (US 5813221 A), Vdoviak (US 4887425 A), Lamando Jr. (US 5778658 A) teaches a propulsion system with afterburner similar in arrangement to Kohler.
Tontini (US 3739984 A) teaches a propulsion system having an ejector system for introducing a cold ambient air stream into an exhaust section to surround a core jet engine exhaust flow, for sound suppression; an afterburner can be included in the system in the core jet engine exhaust flow.
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/ALAIN CHAU/Primary Examiner, Art Unit 3741
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