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 .
Information Disclosure Statement
The Information Disclosure Statement(s) submitted July 7, 2025 is/are in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Drawings
The drawings are objected to because reference number “432” in Figure 4 points to the same component as reference number “410”. Paragraph 47 of the applicant’s specification states “410” is a “first tapered side piece” and “432” is the “second end” of the bottom piece “430”. In the perspective of Figure 4, the second end of the bottom piece is not clearly visible since it would be behind the first tapered side piece. The second end could be shown using dotted lines to indicate it is hidden, and the line from reference number 432 could point to that end.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13, line 7 recites “the first and second wear pads” however lines 3 and 4 introduced “a first partial wear pad” and “a second partial wear pad”. The word “partial” should be added before “wear pads” in line 7.
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.
Claims 1-12 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.
Claim 1, line 18 recites “a wear pad” however, line 9 previously introduced “a wear pad” and it is unclear whether these are the same feature or separate features. For the purpose of examination, line 18 will be treated as referring to the wear pad of line 9.
Claims 2-6 depend from claim 1 and contain its limitations, and therefore are rejected for the same reason.
Claim 7, line 13 recites “a bottom piece” however line 5 previously introduced “a bottom piece” and it is unclear whether these are the same feature or separate features. For the purpose of examination, line 13 will be treated as referring to the bottom piece of line 5.
Claim 7, lines 14-15 recite “a second side portion of the first end piece connected to the second end of the second tapered side piece”, and lines 16-17 recite “a second side portion of the second end piece connected to the second end of the second tapered side piece”. Both the second side portion of the first end piece and the second side portion of the second end piece connect to the “second end of the second tapered side piece”. It is unclear how both the first and second end pieces can connect to the same side of the second tapered side piece. It appears line 15 contains a typo and the phrase “the second end” should be changed to “the first end”.
Claims 8-12 depend from claim 7 and contain its limitations, and therefore are rejected for the same reason.
Any and all claims rejected above under 35 USC 112(b), if rejected with art below under sections 35 USC 102 and/or 103, is/are rejected as best understood.
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 13-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 8, 9, 10, 11, and 12 of U.S. Patent No. 12,352,184. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims are narrower in at least one aspect.
The comparison below shows the differences between the application claim and patent claim. The underlined features are not found in the other’s claim.
Application Claim 13
Patent Claim 8
A method of assembling a wear pad assembly for a root of a fan blade, the method comprising:
forming a first partial wear pad;
forming a second partial wear pad;
applying the first and second partial wear pads onto the root in opposite directions; and
connecting the first and second wear pads over the root to form a wear pad having a similar shape as the root.
A method of assembling a wear pad assembly for a root of a fan blade, the method comprising:
forming a first partial wear pad having an open end and a closed end;
forming a second partial wear pad;
sliding the first partial wear pad over the root with the open end leading until the closed end impinges upon a first end of the root and the open end substantially aligns with a second end of the root opposite the first end of the root; and
attaching, at the second end of the root, corresponding edges of the second partial wear pad to corresponding edges of the first partial wear pad to form a wear pad having a similar shape as the root,
wherein the forming of the first partial wear pad is executed such that the first partial wear pad comprises:
a first tapered side piece comprising an edge and first and second ends;
a second tapered side piece comprising an edge and first and second ends;
a bottom piece extending between the respective edges of the first and second tapered side pieces and comprising first and second ends; and
a first end piece by which the first ends of the first and second tapered side pieces are connected with the first end of the bottom piece, and
wherein the forming of the second partial wear pad is executed such that the second partial wear pad comprises a second end piece by which the second ends of the first and second tapered side pieces are connectable with the second end of the bottom piece.
While patent claim 8 uses different language than the application claim, the patent language is narrower and encompasses the application claim scope. In the patent claim, the first partial wear pad slides over the first end of the root and the second partial wear pad attaches to the first partial wear pad at the second end of the root, which results in the first and second partial wear pads being applied in opposite directions.
Thus it is apparent that the more specific patent claim 8 encompasses application claim 13. Following the rationale in In re Goodman cited above, where the applicant has once been granted a patent containing a claim for a 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. Note that since application claim 13 is anticipated by patent claim 8 and since anticipation is the epitome of obviousness, then application claim 13 is obvious over patent claim 8.
Regarding application claim 14, the limitations are recited in patent claim 8.
Regarding application claim 15, the limitations are recited in patent claim 9.
Regarding application claim 16, the limitations are recited in patent claim 10.
Regarding application claim 17, the limitations are recited in patent claim 11.
Regarding application claim 18, the limitations are recited in patent claim 12.
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2022/258257 to Walker.
In Reference to Claim 13#
Examiner’s comment: the limitation “for a root of a fan blade” in the preamble is considered an intended use for the “wear pad assembly”. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction (see MPEP §2111.02 II, first paragraph for further clarification). In this case, the body of the claim defines the method for assembling a wear pad assembly.
Walker teaches:
A method of assembling a wear pad assembly (110) for a root (86) of a blade (66), the method comprising:
forming a first partial wear pad (left half of 110 in Figure 3);
forming a second partial wear pad (right half of 110 in Figure 3);
applying the first and second partial wear pads onto the root in opposite directions (left half approaches the root from the left of Figure 3, right half approaches the root from the right of Figure 3); and
connecting the first and second wear pads over the root to form a wear pad having a similar shape as the root (see page 10, lines 18-27, page 12, lines 4-8 and Figure 3).
Walker states the sleeve 110 can be split into two halves at the radial line, and the two halves are assembled to the blade or slot using known techniques (page 12, lines 4-8).
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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) 1, 3, 5-7, 9, 11, 12, 14, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/258257 to Walker in view of US 10,087,948 to Drozdenko.
In Reference to Claim 1
Examiner’s comment: the limitation “for a root of a fan blade” in the preamble is considered an intended use for the “wear pad assembly”. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction (see MPEP §2111.02 II, first paragraph for further clarification). In this case, the body of the claim defines the method for assembling a wear pad assembly.
Walker teaches:
A wear pad assembly (110) for a root (86) of a blade (66), the wear pad assembly comprising prior to assembly to the root:
a first tapered side piece (left half of 110, see annotated Figure 3 below) comprising an edge (not numbered, see annotated Figure 3 below) and first and second ends (upstream and downstream ends);
a second tapered side piece (right half of 110, see annotated Figure 3 below) comprising an edge (not numbered, see annotated Figure 3 below) and first and second ends (upstream and downstream ends);
a bottom piece (bottom halves of 110, see annotated Figure 3 below) extending between the respective edges of the first and second tapered side pieces and comprising first and second ends (upstream and downstream ends); and
wherein:
the first tapered side piece and a first side portion (left half of bottom piece, see annotated Figure 3) of the bottom piece are initially connectable to form a first partial wear pad (left half of 110 in Figure 3),
the second tapered side piece and a second side portion (right half of bottom piece, see annotated Figure 3) of the bottom piece are initially connectable to form a second partial wear pad (right half of 110 in Figure 3), and
the first and second partial wear pads are applicable to and connectable over the root to form the wear pad (see page 10, lines 18-27, page 12, lines 4-8 and the annotated Figure 3).
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Walker fails to teach:
First and second end pieces by which the respective first and second ends of the first and second tapered side pieces are connectable with the first and second ends of the bottom piece, respectively to form a wear pad having a similar shape as the root, the respective first side portions of the first and second end pieces are initially connectable to form the first partial wear pad, and the respective second side portions of the first and second end pieces are initially connectable to form the second partial wear pad.
Drozdenko teaches:
A wear pad assembly (covering 82) for a root (64) of a blade (68), wherein the wear pad assembly comprises first and second end pieces (portions of 82 on leading edge end surface 84 and trailing edge end surface 86, not shown, see column 5, lines 4-13) which connect first and second ends (upstream and downstream ends) of first and second tapered side pieces (left and right halves of 82, respectively, in Figure 4) to first and second ends (upstream and downstream ends) of a bottom piece (portion of 82 on lower surface 80, see Figure 4), respectively to form a wear pad having a similar shape as the root, and the respective first side portions of the first and second end pieces are initially connectable with the first tapered side piece and first side portion of the bottom piece to form a first partial wear pad, and the respective second side portions of the first and second end pieces are initially connectable with the second tapered side piece and second side portion of the bottom piece to form a second partial wear pad (see column 4, line 49 through column 5, line 27 and Figure 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the wear pad assembly of Walker by adding first and second ends to the wear pad assembly as taught by Drozdenko as both references are directed to wear pad assemblies for blades, and for the purpose of providing additional protection to the leading and trailing edges of the blade root.
When adding the first and second ends of Drozdenko to the wear pad assembly of Walker, the first and second ends would connect the first tapered side piece to the first side portion of the bottom piece, and would connect the second tapered side piece to the second side portion of the bottom piece and form the respective first and second partial wear pads.
In Reference to Claim 7
Examiner’s comment: the limitation “for a root of a fan blade” in the preamble is considered an intended use for the “wear pad assembly”. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction (see MPEP §2111.02 II, first paragraph for further clarification). In this case, the body of the claim defines the method for assembling a wear pad assembly.
Walker teaches:
A wear pad assembly (110) for a root (86) of a blade (66), the wear pad assembly comprising prior to assembly to the root:
a first partial wear pad (left half of 110, see annotated Figure 3) provided as a first initial unitary component and comprising a first tapered side piece (upper left portion of 110, see annotated Figure 3) and an edge (not numbered, see annotated Figure 3) and first and second ends (upstream and downstream ends), a first side portion (left half of bottom of 110 in Figure 3) of a bottom piece (bottom of 110, see Figure 3) connected to the edge of the first tapered side piece and comprising first and second ends (upstream and downstream ends),
a second partial wear pad (right half of 110, see annotated Figure 3) provided as a second initial unitary component and comprising a second tapered side piece (upper right portion of 110, see annotated Figure 3) and an edge (not numbered, see annotated Figure 3) and first and second ends (upstream and downstream ends), a second side portion (right half of bottom of 110 in Figure 3) of the bottom piece (bottom of 110, see Figure 3) connected to the edge of the second tapered side piece and comprising first and second ends (upstream and downstream ends),
wherein the first and second partial wear pads are applicable to and connectable over opposite sides of the root to form a wear pad having a similar shape as the root (see page 10, lines 18-27, page 12, lines 4-8 and the annotated Figure 3 with the rejection of claim 1).
Walker fails to teach:
A first side portion of a first end piece connected to the first end of the first tapered side piece and the first end of the first side portion of the bottom piece and a first side portion of a second end piece connected to the second end of the first tapered side piece and the second end of the first side portion of the bottom piece, and a second side portion of the first end piece connected to the first end of the second tapered side piece and the second end of the second side portion of the bottom piece and a second side portion of the second end piece connected to the second end of the second tapered side piece and the second end of the second side portion of the bottom piece.
Drozdenko teaches:
A wear pad assembly (covering 82) for a root (64) of a blade (68), wherein the wear pad assembly comprises first and second end pieces (portions of 82 on leading edge end surface 84 and trailing edge end surface 86, not shown, see column 5, lines 4-13), a first side portion of the first end piece is connected to a first end (upstream end) of a first tapered side piece (left half of 82 in Figure 4) and a first end (upstream end) of a first side portion (left half of 82 on lower surface 80, see Figure 4) of the bottom piece (portion of 82 on lower surface 80) and a first side portion of the second end piece is connected to a second end of the first tapered side piece and a second end of the first side portion of the bottom piece, and a second side portion of the first end piece connected to the first end of the second tapered side piece and the second end of the second side portion of the bottom piece and a second side portion of the second end piece connected to the second end of the second tapered side piece and the second end of the second side portion of the bottom piece (see column 4, line 49 through column 5, line 27 and Figure 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the wear pad assembly of Walker by adding first and second ends to the wear pad assembly as taught by Drozdenko as both references are directed to wear pad assemblies for blades, and for the purpose of providing additional protection to the leading and trailing edges of the blade root.
When adding the first and second ends of Drozdenko to the first and second partial wear pads of Walker, one half of the first end piece and one half of the second end piece would be connected to the first tapered side piece to the first side portion of the bottom piece, and the other half of the first end piece and the other half of the second end piece would be connected to the second tapered side piece to the second side portion of the bottom piece. The first and second partial wear pads are joined to form the wear pad which has a similar shape as the root.
In Reference to Claims 3 and 9#
Walker as modified by Drozdenko teaches:
The wear pad assembly according to claim 1 and claim 7, comprising the wear pad.
Drozdenko further teaches the wear pad comprises material which is adherable to the root (see column 6, line 1-13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the wear pad assembly of Walker as modified by Drozdenko by forming the wear pad of a material capable of adhering to the root as taught by Drozdenko for the purpose of further securing the wear pad to the blade.
In Reference to Claims 5 and 11#
Walker as modified by Drozdenko teaches:
The wear pad assembly according to claim 1 and claim 7, wherein:
there is an absence of root protection coating between a bottom of the root and the bottom piece. Walker does not teach a coating between the root and wear pad.
Drozdenko further teaches the wear pad assembly further comprises root protective coating (90) on a bottom thereof (see column 6, lines 33-36).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the wear pad assembly of Walker as modified by Drozdenko by adding a root protective coating on a bottom of the wear pad as taught by Drozdenko for the purpose of providing further protection against corrosion (column 6, lines 30-33 of Drozdenko).
In Reference to Claims 6 and 12#
Walker as modified by Drozdenko teaches:
The wear pad assembly according to claim 1 and claim 7, wherein the wear pad has a curvature matching a curvature of the root (see Figure 3 of Walker).
In Reference to Claim 14
Walker teaches:
The method according to claim 13, wherein the forming of the first and second partial wear pads is executed such that the wear pad comprises:
a first tapered side piece (left half of 110 in Figure 3, see annotated Figure 3 with the rejection of claim 1) comprising an edge (not numbered, see annotated Figure 3 with the rejection of claim 1) and first and second ends (upstream and downstream ends);
a second tapered side piece (right half of 110 in Figure 3, see annotated Figure 3 with the rejection of claim 1) comprising an edge (not numbered, see annotated Figure 3 with the rejection of claim 1) and first and second ends (upstream and downstream ends); and
a bottom piece (bottom of 110, see annotated Figure 3 with the rejection of claim 1) extending between the respective edges of the first and second tapered side pieces and comprising first and second ends.
Walker fails to teach:
First and second end pieces by which the respective first and second ends of the first and second tapered side pieces are connected with the first and second ends of the bottom piece, respectively.
Drozdenko teaches:
A wear pad assembly (covering 82) for a root (64) of a blade (68), wherein the wear pad assembly comprises first and second end pieces (portions of 82 on leading edge end surface 84 and trailing edge end surface 86, not shown, see column 5, lines 4-13) by which respective first and second ends (upstream and downstream ends) of first and second tapered side pieces (left and right halves of 82, see Figure 4) are connected with first and second ends (upstream and downstream ends) of a bottom piece, respectively (see column 4, line 49 through column 5, line 27 and Figure 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Walker by adding first and second ends to the wear pad as taught by Drozdenko as both references are directed to wear pad assemblies for blades, and for the purpose of providing additional protection to the leading and trailing edges of the blade root.
When adding the first and second ends of Drozdenko to the wear pad of Walker, the first and second end pieces would be connected to the first and second tapered side pieces at opposite ends, and connect the first and second tapered side pieces to the opposite ends of the bottom piece.
In Reference to Claim 16
Walker teaches:
The method according to claim 13, comprising the wear pad having a material and the root.
Walker fails to teach:
Adhering a material of the wear pad onto the root.
Drozdenko teaches:
A wear pad assembly (covering 82) for a root (64) of a blade (68), adhering a material of the wear pad onto the root (see column 6, line 1-13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Walker by adhering the material of the wear pad to the root as taught by Drozdenko as both references are directed to wear pad assemblies for blades, and for the purpose of better securing the wear pad to the root.
In Reference to Claim 18
Walker teaches:
The method according to claim 13, comprising the wear pad.
Walker fails to teach:
Applying a root protective coating to a bottom of the wear pad.
Drozdenko teaches:
A wear pad assembly (covering 82) for a root (64) of a blade (68), and applying a root protective coating (90) to a bottom of the wear pad (see column 6, lines 33-36).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify method of Walker by applying a root protective coating on a bottom of the wear pad as taught by Drozdenko for the purpose of providing further protection against corrosion (column 6, lines 30-33 of Drozdenko).
Claim(s) 2 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022258257 to Walker as modified by US 10,087,948 to Drozdenko as applied to claims 1 and 7 above, and further in view of WO 9641068 to Xue.
In Reference to Claims 2 and 8
Walker as modified by Drozdenko teaches:
The wear pad assembly of claim 1 and claim 7, comprising the wear pad and the root.
Walker as modified by Drozdenko fails to teach:
An adhesive interposed between the wear pad and the root.
Xue teaches:
A wear pad assembly for a root (16) of a blade (14), comprising an adhesive (epoxy 20) interposed between a wear pad (18) and the root (see page 7, lines 14-19 and Figure 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the wear pad assembly of Walker as modified by Drozdenko by adding an adhesive between the wear pad and root as taught by Xue as both references are directed to wear pads for roots of blades, and for the purpose of further securing the wear pad to the blade root.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022258257 to Walker as applied to claim 13 above, and further in view of WO 9641068 to Xue.
In Reference to Claim 15
Walker teaches:
The wear pad assembly of claim 13, comprising the wear pad and the root
Walker fails to teach:
Applying an adhesive to the root prior to the applying and the connecting.
Xue teaches:
A wear pad assembly for a root (16) of a blade (14), comprising an adhesive (epoxy 20) interposed between a wear pad (18) and the root (see page 7, lines 14-19 and Figure 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the wear pad assembly of Walker by adding an adhesive between the wear pad and root as taught by Xue as both references are directed to wear pads for roots of blades, and for the purpose of further securing the wear pad to the blade root.
Claim(s) 4 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022258257 to Walker as modified by US 10,087,948 to Drozdenko as applied to claims 1 and 7 above, and further in view of US 11,591,919 to Palumbo.
In Reference to Claims 4 and 10
Walker as modified by Drozdenko teaches:
The wear pad assembly of claim 1 and claim 7, comprising the wear pad having a material and the root.
Walker as modified by Drozdenko fails to teach:
The wear pad comprises material which is metallurgically bondable to the root.
Palumbo teaches:
A wear pad assembly for a root of a blade, the wear pad assembly comprising a wear pad (shim) having a material which is metallurgically bondable (material capable of being brazed) to the root (see column 6, line 61 through column 7, line 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the wear pad assembly of Walker as modified by Drozdenko by forming the wear pad of material which is metallurgically bondable to the root as taught by Palumbo which is a simple substitution of one known technique for joining components for another technique for joining components, which would yield predictable results. In this case, the predictable result would be a wear pad which is attached to the root of the blade and fits within the blade slot.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022258257 to Walker as applied to claim 13 above, and further in view of US 11,591,919 to Palumbo.
In Reference to Claim 17
Walker as modified by Drozdenko teaches:
The method according to claim 13, wherein the wear pad has a material attached to the root.
Walker as modified by Drozdenko fails to teach:
Metallurgically bonding a material of the wear pad to the root.
Palumbo teaches:
A wear pad assembly for a root of a blade, metallurgically bonding (brazing) a material of the wear pad (shim) to the root (see column 6, line 61 through column 7, line 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Walker by metallurgically bonding the material of the wear pad to the root as taught by Palumbo which is a simple substitution of one known technique for joining components for another technique for joining components, which would yield predictable results. In this case, the predictable result would be a wear pad which is attached to the root of the blade and fits within the blade slot.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 7,938,626 to Forgue et al teaches a wear pad assembly for the root of a blade. GB 914,548 to Daimler-Benz teaches a wear pad assembly for the root of a blade.
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/JASON G DAVIS/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
