DETAILED ACTION
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/29/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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, 2, 3, 5, 8, 9, 10, 12, 15, 16, 17, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 8, 11, 14, 18, and 20 of U.S. Patent No. 12,331,767. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 is anticipated by Claim 1 of ‘767, which recites a system (adjustable flow control system) comprising: a mass-flux device (a mass-flux device); and a controller configured to: calculate a fluid property of a fluid flow to satisfy a flow performance metric based on a first area of an outlet of the mass-flux device; after determining that a fluid source is unable to generate the fluid flow to match the fluid property based on the first area, calculate a second area of the outlet of the mass-flux device to satisfy the flow performance metric; and after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second area, control a variable geometry of the outlet of the mass-flux device to establish the second area (a controller configured to: calculate a first particular exit area of the mass-flux device to achieve a flow performance metric; calculate a fluid property of the fluid flow to produce the flow performance metric based on the first particular exit area; after determining that the fluid source is unable to generate the fluid flow to match the fluid property based on the first particular exit area, calculate a second particular exit area of the mass-flux device to achieve the flow performance metric; and after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second particular exit area, control the variable geometry of the exit area of the mass-flux device to establish the second particular exit area).
Claim 2 is anticipated by Claim 8 of ‘767, which recites wherein the flow performance metric is a target momentum ratio (wherein the flow performance metric is a target momentum ratio of (i) a variable momentum of the fluid flow presented from the outlet of the mass-flux device to (ii) a freestream momentum of a freestream flow proximate the mass-flux device).
Claim 3 is anticipated by Claims 1 and 4 of ‘767, which recites wherein the controller is to control the variable geometry of the outlet of the mass-flux device after a change in at least one of (after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second particular exit area, control the variable geometry of the exit area of the mass-flux device to establish the second particular exit area, Claim 1) a flight speed, a temperature, a pressure, or a mass flow rate (wherein the controller is further configured to control the fluid source to adjust one or more of a pressure and a mass flow rate of the fluid flow to produce the flow performance metric, Claim 4).
Claim 5 is anticipated by Claim 20 of ‘767, which recites further including a sensor in communication with the controller (a plurality of sensors configured to measure a plurality of operating conditions of the aircraft), the controller to: access an operating condition of an aircraft based on the sensor (a plurality of sensors configured to measure a plurality of operating conditions of the aircraft… a controller configured to: calculate a first particular exit area of the mass-flux device to achieve a flow performance metric in response to the plurality of operating conditions); and control the variable geometry of the outlet of the mass-flux device after a change in the operating condition (a controller configured to: calculate a first particular exit area of the mass-flux device to achieve a flow performance metric in response to the plurality of operating conditions; calculate a fluid property of the fluid flow to produce the flow performance metric based on the first particular exit area… control the variable geometry of the exit area of the mass-flux device to establish the second particular exit area).
Claim 8 is anticipated by Claim 11 of ‘767, which recites at least one non-transitory computer-readable memory comprising computer-readable instructions to cause programmable circuitry to at least: calculate a fluid property of a fluid flow to satisfy a flow performance metric based on a first area of an outlet of a mass-flux device; after determining that a fluid source is unable to generate the fluid flow to match the fluid property based on the first area, calculate a second area of the outlet of the mass-flux device to satisfy the flow performance metric; and after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second area, control a variable geometry of the outlet of the mass-flux device to establish the second area (generating a fluid flow with a fluid source; transferring the fluid flow from an inlet to an outlet of a mass-flux device, wherein the outlet has an exit area with a variable geometry; and calculating a first particular exit area of the mass-flux device to achieve a flow performance metric; calculating a fluid property of the fluid flow to produce the flow performance metric based on the first particular exit area; after determining that the fluid source is unable to generate the fluid flow to match the fluid property based on the first particular exit area, calculating a second particular exit area of the mass-flux device to achieve the flow performance metric; and after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second particular exit area, controlling the variable geometry of the exit area of the mass-flux device to establish the second particular exit area).
Claim 9 is anticipated by Claim 18 of ‘767, which recites wherein the flow performance metric is a target momentum ratio (wherein the flow performance metric is a target momentum ratio of (i) a variable momentum of the fluid flow presented from the outlet of the mass-flux device to (ii) a freestream momentum of a freestream flow proximate the mass-flux device).
Claim 10 is anticipated by Claims 11 and 14 of ‘767, which recites wherein the computer-readable instructions are to cause the programmable circuitry to control the variable geometry of the outlet of the mass-flux device after a change in at least one of (after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second particular exit area, controlling the variable geometry of the exit area of the mass-flux device to establish the second particular exit area, Claim 11) a flight speed, a temperature, a pressure, or a mass flow rate (controlling the fluid source to adjust one or more of a pressure and a mass flow rate of the fluid flow to produce the flow performance metric, Claim 14).
Claim 12 is anticipated by Claim 20 of ‘767, which recites wherein the computer-readable instructions are to cause the programmable circuitry to: access an operating condition of an aircraft based on a sensor in communication with the programmable circuitry (a plurality of sensors configured to measure a plurality of operating conditions of the aircraft); and control the variable geometry of the outlet of the mass-flux device after a change in the operating condition (a plurality of sensors configured to measure a plurality of operating conditions of the aircraft…a controller configured to: calculate a first particular exit area of the mass-flux device to achieve a flow performance metric in response to the plurality of operating conditions; calculate a fluid property of the fluid flow to produce the flow performance metric based on the first particular exit area… control the variable geometry of the exit area of the mass-flux device to establish the second particular exit area).
Claim 15 is anticipated by claim 11 of ‘787, which recites a method comprising: calculating, by programmable circuitry programmed by at least one instruction, a fluid property of a fluid flow to satisfy a flow performance metric based on an outlet of a mass-flux device; iteratively calculating, by the programmable circuitry, different areas for the outlet of the mass-flux device and determining whether a fluid source is able to generate the fluid flow to match the fluid property based on the different areas; and after determining that the fluid source is able to generate the fluid flow to match the fluid property based on one of the areas, controlling, by the programmable circuitry, a variable geometry of the outlet of the mass-flux device to establish the one of the areas (generating a fluid flow with a fluid source; transferring the fluid flow from an inlet to an outlet of a mass-flux device, wherein the outlet has an exit area with a variable geometry; and calculating a first particular exit area of the mass-flux device to achieve a flow performance metric; calculating a fluid property of the fluid flow to produce the flow performance metric based on the first particular exit area; after determining that the fluid source is unable to generate the fluid flow to match the fluid property based on the first particular exit area, calculating a second particular exit area of the mass-flux device to achieve the flow performance metric; and after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second particular exit area, controlling the variable geometry of the exit area of the mass-flux device to establish the second particular exit area).
Claim 16 is anticipated by claim 18 of ‘767, which recites wherein the flow performance metric is a target momentum ratio (wherein the flow performance metric is a target momentum ratio of (i) a variable momentum of the fluid flow presented from the outlet of the mass-flux device to (ii) a freestream momentum of a freestream flow proximate the mass-flux device).
Claim 17 is anticipated by claims 11 and 14 of ‘767, which recites wherein the controlling of the variable geometry of the outlet of the mass-flux device is performed after a change in at least one of (after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second particular exit area, controlling the variable geometry of the exit area of the mass-flux device to establish the second particular exit area, Claim 11) a flight speed, a temperature, a pressure, or a mass flow rate (controlling the fluid source to adjust one or more of a pressure and a mass flow rate of the fluid flow to produce the flow performance metric, Claim 14).
Claim 19 is anticipated by claim 20 of ‘767, which recites including: accessing an operating condition of an aircraft based on a sensor in communication with the programmable circuitry; and controlling the variable geometry of the outlet of the mass-flux device after a change in the operating condition (a plurality of sensors configured to measure a plurality of operating conditions of the aircraft…a controller configured to: calculate a first particular exit area of the mass-flux device to achieve a flow performance metric in response to the plurality of operating conditions; calculate a fluid property of the fluid flow to produce the flow performance metric based on the first particular exit area… control the variable geometry of the exit area of the mass-flux device to establish the second particular exit area).
Allowable Subject Matter
Claims 1-3, 5, 8-10, 12, 15-17, and 19 are rejected on the ground of nonstatutory double patenting above, but would be allowable if overcome with a timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d).
Claims 4, 6-7, 11, 13-14, 18, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to disclose or render obvious a system comprising: a mass-flux device; and a controller configured to: calculate a fluid property of a fluid flow to satisfy a flow performance metric based on a first area of an outlet of the mass-flux device; after determining that a fluid source is unable to generate the fluid flow to match the fluid property based on the first area, calculate a second area of the outlet of the mass-flux device to satisfy the flow performance metric; and after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second area, control a variable geometry of the outlet of the mass-flux device to establish the second area.
Rafferty (US 2021/0223758 A1) in view of Stefes et al. (US 2020/0102066 A1) and Hagshenas et al. (US 10,082,243) teaches a similar system as the claimed invention.
However, Rafferty in view of Stefes and Hagshenas lacks a controller configured to: calculate a fluid property of a fluid flow to satisfy a flow performance metric based on a first area of an outlet of the mass-flux device ;after determining that a fluid source is unable to generate the fluid flow to match the fluid property based on the first area, calculate a second area of the outlet of the mass-flux device to satisfy the flow performance metric; and after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second area, control a variable geometry of the outlet of the mass-flux device to establish the second area. Further, Rafferty in view of Stefes and Hagshenas lacks calculating a first particular exit area of the mass-flux device to achieve a flow performance metric; calculating a fluid property of the fluid flow to produce the flow performance metric based on the first particular exit area; after determining that the fluid source is unable to generate the fluid flow to match the fluid property based on the first particular exit area, calculating a second particular exit area of the mass-flux device to achieve the flow performance metric; and after determining that the fluid source is able to generate the fluid flow to match the fluid property based on the second particular exit area, controlling the variable geometry of the exit area of the mass-flux device to establish the second particular exit area. Rafferty and Stefes, in contrast, does not disclose determining if an area is unable to generate a flow, only determining exit areas associated with a desired fluid mixing (e.g., engine mixing, etc.), heat transfer, active air flow control, a flow jet movement (Rafferty, Para. [0051]), and/or providing minimum air supply (Stefes, Paras. [0004]-[0006]). Hagshenas only discloses shutting down a system during an inlet blockage (Col. 4, Line 45 – Col. 5, Line 10) and not using a sensor to determine a second exit area required for a controller to keep the system running.
Thus the prior art does not fairly teach these features as specifically required by the claimed invention.
Conclusion
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/S.J.S./Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
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