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 .
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.
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Claims 1, 4, 6-8, and 14-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1/3, 1, 3-5, 6-8, and 1/4, respectively, of U.S. Patent No. 12,331,683. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the application are anticipated by the claims of the patent as follows (column and line numbers refer to the patent 12,331,683):
An engine assembly, comprising (col. 15, line 2):
a sun gear (col. 15, line 3) rotatable about an axis (col. 15, lines 28-29);
a ring gear rotatable about the axis and circumscribing the sun gear (col. 15, lines 4-5);
a plurality of intermediate gears arranged circumferentially about the axis in an array, each of the plurality of intermediate gears radially between and meshed with the sun gear and the ring gear (col. 15, lines 6-9);
a carrier rotatable about the axis, each of the plurality of intermediate gears rotatably mounted to the carrier (col. 15, lines 10-11);
a first rotating structure comprising the carrier (col. 15, line 12); and
a plurality of bearings (col. 15, lines 14, 18) arranged axially along the first rotating structure (col. 15, lines 14-15, 18-19, 20-21), each of the plurality of bearings being configured to support rotation of the first rotating structure about the axis (configured to support by being “engaged with the first rotating structure”, col. 15, lines 14-15, 18-19).
Patent claim 1 anticipates “a plurality of bearings arranged axially along the first rotating structure” by claiming the first and second bearings being “engaged with the first rotating structure” and the first and second bearings being “arranged on opposing axial sides of the array of the plurality of intermediate gears”, the intermediate gears being mounted on the carrier of the first rotating structure such that the bearings are arranged axially along the first rotating structure.
(claim 1)
A stationary structure circumscribing the first rotating structure (col. 15, lines 16-17);
the plurality of bearings comprises a first bearing (col. 15, line 18; “first” does not patentably distinguish the bearing from the “second”, so the second bearing may be considered a first bearing), the first bearing radially between and engaged with the first rotating structure and the stationary structure (col. 15, lines 18-19).
(claim 4)
An engine assembly, comprising (col. 15, line 2):
a propulsor rotor (col. 15, line 31);
a geartrain comprising an epicyclic gear system (col. 15, lines 3-10 and 32-33, the intermediate gears meshing with the sun gear and ring gear creating an epicyclic gear system), and the epicyclic gear system comprising a carrier (col. 15, line 10);
a rotating assembly comprising a turbine rotor, the rotating assembly coupled to the propulsor rotor through the geartrain (col. 15, lines 34-36);
a first rotating structure comprising the carrier (col. 1, line 12); and
a plurality of bearings (col. 15, lines 14, 18) is arranged axially along the first rotating structure (col. 15, lines 14-15, 18-19, 20-21), each of the plurality of bearings configured to support rotation of the first rotating structure about the axis (configured to support by being “engaged with the first rotating structure”, col. 15, lines 14-15, 18-19).
(claim 17)
Application claims 6-8 and 14-16 have the same wording as patent claims 3-5 and 6-8, respectively.
Claim Objections
Claim 17 is objected to because of the following informalities: in the last line of claim 17, “the axis” should be --an axis--, since the axis was not previously claimed. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6 merely restates line 2 of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1-8, 14, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fabre, U. S. Patent 9,039,567.
Fabre shows an engine assembly in figure 1.
A sun gear 9 is rotatable (fixed to a turbine shaft, col. 2, lines 58-59) about an axis.
A ring gear 10 is rotatable (fixed to a propeller, col. 2, lines 62-63) about the axis and circumscribes the sun gear 9.
A plurality of intermediate gears 11 is arranged circumferentially about the axis in an array. Each of the plurality of intermediate gears 11 is radially between and meshed with the sun gear 9 and the ring gear 10.
A carrier 13 is rotatable (fixed to a propeller, col. 2, lines 64-65) about the axis. Each of the plurality of intermediate gears 11 is rotatably mounted to the carrier 13 (col. 2, lines 59-62).
A first rotating structure 15 comprises the carrier 13 (col. 2, lines 64-65).
A plurality of bearings 19 and 20 is arranged axially along the first rotating structure 15, each of the plurality of bearings 19, 20 being configured to support rotation of the first rotating structure 15 (col. 2, lines 66-67) about the axis.
(claim 1)
The plurality of bearings 19, 20 are arranged to a common axial side, the right side in figure 1, of the array of the plurality of intermediate gears 11.
(claim 2)
A gear system 8 includes the sun gear 9, the ring gear 10, the plurality of intermediate gears 11, and the carrier 13.
The plurality of bearings 19, 20 comprises a first bearing 19 and a second bearing 20.
The first bearing 19 is disposed axially between the second bearing 20 and the gear system 8.
(claim 3)
A stationary structure 21 (“fixed casing element 21”, col. 2, line 67-col. 3, line 1) circumscribes the first rotating structure 15.
The plurality of bearings 19, 20 comprises a first bearing 19, the first bearing 19 being radially between and engaged with the first rotating structure 15 and the stationary structure 21 (col. 2, line 66-col. 3, line 1).
(claim 4)
The plurality of bearings 19, 20 further comprises a second bearing 20.
The second bearing 20 is radially between and engaged with the first rotating structure 15 and the stationary structure 21 (col. 2, line 66-col. 3, line 1).
(claim 5)
The sun gear 9 is rotatable about the axis (col. 2, lines 58-59).
(claim 6)
The engine assembly further comprises a first propulsor rotor 2.
A geartrain 8 includes the sun gear 9, the ring gear 10, the plurality of intermediate gears 11, and the carrier 13.
A rotating assembly 4/5 comprises a turbine rotor 4, the rotating assembly is configured to drive the first propulsor rotor 2 through the geartrain 8 (col. 2, lines 58-59, 64-65).
(claim 7)
The engine assembly further comprises a second propulsor rotor 3.
The rotating assembly 4/5 is configured to drive rotation of the second propulsor rotor 3 (col 2, lines 58-59, 62-63).
(claim 8)
A first 19 of the plurality of bearings 19, 20 comprises a rolling element bearing.
(claim 14)
Fabre shows an engine assembly in figure 1.
The engine assembly comprises a propulsor rotor 2.
A geartrain comprises an epicyclic gear system 8 comprising a carrier 13.
A rotating assembly 4/5 comprises a turbine rotor 4. The rotating assembly 4/5 is coupled to the propulsor rotor 2 through the geartrain 8 (col. 2, lines 58-65).
A first rotating structure 15 comprises the carrier 13.
A plurality of bearings 19 and 20 is arranged axially along the first rotating structure 15, each of the plurality of bearings 19, 20 configured to support rotation of the first rotating structure 15 about the axis.
(claim 17)
The plurality of bearings 19, 20 are arranged to a common axial side, the right side in figure 1, of the epicyclic gear system 8.
(claim 18)
A stationary structure 21 circumscribes the first rotation structure 15.
Each of the plurality of bearings 19, 20 is disposed radially between and engaged with the first rotating structure 15 and the stationary structure 21.
(claim 19)
Claim(s) 1-7, 9, 10, 12, 14, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yesilcimen et al., U. S. Patent Application Publication 2021/0317800.
Yesilcimen et al. shows an engine assembly 10 in figure 2.
A sun gear 44 is rotatable (is an input, [0067], lines 2-3) about an axis (coincident with the axis of turbine shaft 82).
A ring gear 48 is rotatable (is an output, [0067], line 5) about the axis (82) and circumscribes the sun gear 44.
A plurality of intermediate gears 46 is arranged circumferentially about the axis in an array. Each of the plurality of intermediate gears 46 is radially between and meshed with the sun gear 44 and the ring gear 48.
A carrier 42 is rotatable (is an output, [0068], last three lines) about the axis (82). Each of the plurality of intermediate gears 46 is rotatably mounted to the carrier 42.
A first rotating structure 42 comprises the carrier 42. As discussed in lines 5-12 of [0069], the carrier 42 “also forms a reduction shaft between the first reduction gear 40 and the second reduction gear 50” such that the reduction shaft 42 comprises the carrier 42 of the first reduction gear 40.
A plurality of bearings 41 and 43 ([0076]-[0077]) is arranged axially along the first rotating structure 42, each of the plurality of bearings being configured to support rotation of the first rotating structure 42 about the axis (82).
(claim 1)
The plurality of bearings 41, 43 are arranged to a common axial side, the right side in figure 2, of the array of the plurality of intermediate gears 46.
(claim 2)
A gear system 40 includes the sun gear 44, the ring gear 48, the plurality of intermediate gears 46, and the carrier 42.
The plurality of bearings 41, 43 comprises a first bearing 41 and a second bearing 43.
The first bearing 41 is disposed axially between the second bearing 43 and the gear system 44/48/46/42.
(claim 3)
A stationary structure 30 circumscribes the first rotating structure, reduction shaft 42.
The plurality of bearings 41, 43 comprises a first bearing 41, the first bearing 41 being radially between and engaged with the first rotating structure 42 and the stationary structure 30.
(claim 4)
The plurality of bearings 41, 43 further comprises a second bearing 43.
The second bearing 43 is radially between and engaged with the first rotating structure 42 and the stationary structure 30.
(claim 5)
The sun gear 44 is rotatable about the axis (82). ([0067], lines 2-3)
(claim 6)
The engine assembly further comprises a first propulsor rotor 20.
A geartrain 40 includes the sun gear 44, the ring gear 48, the plurality of intermediate gears 46, and the carrier 42.
A rotating assembly 80/82 comprises a turbine rotor 80, the rotating assembly is configured to drive the first propulsor rotor 20 through the geartrain 40. ([0067])
(claim 7)
The engine assembly 10 comprises a second sun gear 54.
A second ring gear 58 circumscribes the second sun gear 54.
A plurality of second intermediate gears 56 is arranged circumferentially about the axis (82) in an array. Each of the plurality of second intermediate gears 56 is radially between and meshed with the second sun gear 54 and the second ring gear 58.
A second carrier, part of the reduction shaft 42 ([0070] “42…independently, is also a planet carrier for the second reduction gear 50”), is rotatable about the axis (82), each of the plurality of second intermediate gears 56 is rotatably mounted to the second carrier 42.
(claim 9)
The second sun gear 54 is rotatable (is an output, [0071], line 2) about the axis (82).
(claim 10)
A geartrain 40/50 includes the sun gear 44, the ring gear 48, the plurality of intermediate gears 46, the carrier 42(40), the second sun gear 54, the second ring gear 58, the plurality of second intermediate gears 56, and the second carrier 42(50).
A rotating assembly 80/82 comprises a turbine rotor 80. The rotating assembly is coupled to the geartrain 40/50 through at least one of the sun gear 44 or the second sun gear 54 (the turbine shaft 82 is “rotatably secured” to the sun gear 44, [0067]).
(claim 12)
A first 41 of the plurality of bearings 41, 43 comprises a rolling element bearing ([0076], line 7).
(claim 14)
Yesilcimen et al. shows an engine assembly 10 in figure 2.
The engine assembly 10 comprises a propulsor rotor 20.
A geartrain 40/50 comprises an epicyclic gear system 40 comprising a carrier 42.
A rotating assembly 80/82 comprises a turbine rotor 80. The rotating assembly 80/82 is coupled to the propulsor rotor 20 through the geartrain 40/50.
A first rotating structure, reduction shaft 42, comprises the carrier 42.
A plurality of bearings 41 and 43 is arranged axially along the first rotating structure 42, each of the plurality of bearings 41,43 configured to support rotation of the first rotating structure 42 about the axis.
(claim 17)
The plurality of bearings 41, 43 are arranged to a common axial side, the right side of figure 2, of the epicyclic gear system 40.
(claim 18)
A stationary structure 30 circumscribes the first rotation structure, reduction shaft 42.
Each of the plurality of bearings 41, 43 is disposed radially between and engaged with the first rotating structure 42 and the stationary structure 30.
(claim 19)
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(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fabre in view of Schwarz et al., U. S. Patent 10,107,135.
Fabre discloses an engine assembly as discussed in the rejection of claim 1 above, including the first rotating structure 15 being drivingly fixed to propulsive rotor 2, but does not disclose a lock device or a brake for locking or braking rotation of the first rotating structure.
Schwarz et al. discloses an engine assembly 20 (fig. 1) similar to that of Fabre in that it includes a propulsor rotor 42 driven by a rotating assembly 28 (turbine) through a geartrain G comprising an epicyclic gear system 48. The propulsor rotor 42 is fixed to an element of the epicyclic gear system 48 by a first rotating structure, shown supported by bearings 138, such that the first rotating structure is analogous to the first rotating structure 15 of Fabre.
Schwarz et al. shows in figure 2 a system 60, “configured to selectively engage the fan 42 during ground windmilling to slow rotation of the fan 42 and, once sufficiently slowed, to lock the fan 42 against rotation” (col. 5, lines 7-10) by engagement with disc 64 of the propulsor rotor (fan) 42. Slowing and braking of the propulsor rotor 42 results in the slowing and braking of the rotating structure (138) fixed to the propulsor rotor 42 as well.
A lock device 72 is configured to lock rotation of the first rotating structure (138) about the axis A (col. 5, lines 37-43).
(claim 15)
A brake 62 is configured to brake rotation of the first rotating structure (138) about the axis A (col. 5, lines 13-29).
(claim 16)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a lock device and brake in the engine assembly of Fabre in view of Schwarz et al. so that upon the engine assembly being shut off, the propulsor rotor is slowed by the brake and then held stationary by the lock device (col. 1, lines 63-67) to prevent wear on the engine assembly components such as gears, ball bearings, and bearing races caused by windmilling (col. 6, lines 51-62).
Allowable Subject Matter
Claims 11 and 13 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.
Yesilcimen et al. discloses a second ring gear, but only one is rotatable about the axis so that Yesilcimen et al. does not disclose both the first ring gear rotatable about the axis required by claim 1 and a second ring gear rotatable about the axis required by claim 11. Yesilcimen et al. discloses a first propulsive rotor coupled to a geartrain through a ring gear, but that ring gear is the only rotating ring gear and is the ring gear meshed with the intermediate gears mounted on the carrier/rotating structure, and so must be the first ring gear required by claim 1. The coupling of the propulsor rotor to the geartrain is independent of the disclosed second ring gear. Kronogaard et al., DE 27 42 618, discloses an engine assembly including a geartrain with two rotatable ring gears, however these ring gears both engage one set of stepped intermediate gears such that there is not a first rotatable carrier and a second rotatable carrier as required by claim 9, and does not provide teaching to modify Yesilcimen et al. because of the difference in function and arrangement of the elements of the gearing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERRY LYNN ESTREMSKY whose telephone number is (571)272-7090. The examiner can normally be reached M-F 8:30am-4:30pm.
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SLE
/SHERRY L ESTREMSKY/Primary Examiner, Art Unit 3655
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