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 . This application was filed as a divisional of application 18/417814 now patent 12359612, although the restriction requirement was withdrawn in the Notice of Allowance filed 03/31/2025 in application 18/417814.
Claims 11-30 are currently being examined.
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 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over respectively claims 1-20, 10, 11, 12, 14, 15, 16, 17, 18, 1-20, 6, 1-20, 20, 1-20, and 13 of U.S. Patent No. 12359612 in view of Niergarth et al. 20220275774.
Although the claims at issue are not identical, they are not patentably distinct from each other because the more specific patent claims encompass the broader application claims except
Claim 1 of patent 12359612 does not teach the booster fan having a pressure ratio from 1.1 to 1.7.
Niergarth teaches a three stream turbofan engine (400 Fig. 4) with a primary fan (404 Fig. 4) and a booster fan (406 Fig. 4) with both primary fan and booster fan being ducted fans as opposed to being an unducted fan (204 in Fig. 2). The fan pressure ratio of a ducted fan may be within a range of 1.2-1.4 per [0131], which is within the claimed range of 1.1 to 1.7. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of claim 1 of patent 12359612 such that the booster fan has a pressure ratio from 1.2-1.4 as taught by Niergarth as being a known pressure ratio for a ducted booster fan in a three stream turbofan engine.
Accordingly, the application claims are not patentably distinct from the patent claims in view of Niergarth. Following the rational in In re Goodman cited above, 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.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
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Claim(s) 11, 15-16, 19, 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rambo 20200332717 in view of Niergarth et al. 20220275774.
Regarding independent claim 11, Rambo ‘717 teaches a turbine engine (100 Fig. 4A) comprising:
a primary fan (132,134 Fig. 4A) including a plurality of primary fan blades ([0045] describes 132 includes first fan rotor blades) that rotates to increase the pressure of a volume of air (per [0041] ambient air 114 enters the turbine engine 100 through its intake and is pressurized by, i.e., pressure is increased by, fan module 104 which includes primary fan 132,134 and rotation of the primary fan is necessary for pressurizing the air);
a turbo-engine (122 Fig. 4A) including:
a combustor (108 Fig. 4A) that combusts compressed air and fuel to generate combustion gases [0041];
a turbine (110 Fig. 4A) including a turbine shaft (118 Fig. 4A), the primary fan being coupled to the turbine shaft such that rotation of the turbine causes the primary fan to rotate (per [0045] first rotor disk 134 of primary fan may be fixedly joined to the turbine shaft 118, and the second rotor disk 142 of booster fan 138 may be fixedly joined to the turbine shaft 118 such that the primary fan and booster fan are driven by, i.e., made to rotate by, the turbine 110 since per [0041] energy is extracted from the combustion gases 116 in the turbine section 110 for powering the fan module 104 with the fan module 104 joined to the turbine section 110 by turbine drive shaft 118); and
a core air flow path (as shown in Fig. 4A, core air flow path is through 122 which includes compressor 106, combustor 108 and turbine 110) at least partially defined by the combustor and the turbine (108 and 110 at least partially define core air flow path);
a nacelle (124 Fig. 4A) that circumferentially surrounds the primary fan (per [0042] 124 is annular and as shown in Fig. 4A 124 surrounds 132, 134), the nacelle defining a bypass airflow passage (128 Fig. 4A) between the nacelle and the turbo-engine (128 is between 124 and 122 in Fig. 4A);
a cooling air duct (126 Fig. 4A) defined radially between the core air flow path and the bypass airflow passage (126 is defined radially between core air flow path, which is through 122, and 128 as shown in Fig. 4A), the volume of air from the primary fan being split (as shown in Fig. 4A, volume of air from 132,134 is split into multiple air flows as shown by flow arrows) and flowing into the bypass airflow passage as bypass air (in Fig. 4A bypass air flows into 128 shown by flow arrow in 128), flowing into the cooling air duct as cooling air (in Fig. 4A cooling air flows into 126 shown by flow arrow in 126), and flowing into the core air flow path as core air (in Fig. 4A core air flows into core air flow path in 122 shown by flow arrow flowing toward 106);
a heat exchanger (202 Fig. 4A) positioned in the cooling air duct (202 is positioned in 126 in Fig. 4A) to transfer heat from a heat source from within the turbine engine to the cooling air (per [0046] first heat exchanger 202 may be configured and arranged to receive a first fluid stream 206(a) (e.g., cooling air) from cooling air duct 126, and per [0083] a stream of compressor bleed air 228 flowing across or through the first heat exchanger 202 is cooled using the first fluid stream 206(a), i.e., cooling air in 126);
a secondary air splitter (labeled in annotated Fig. 4A which is leading edge of annular third casing 130) positioned downstream of the primary fan (secondary air splitter is downstream of 132 in Fig. 4A) to split the volume of air into the bypass air and secondary air (bypass air flows into 128 radially outward of secondary air splitter and 130 and secondary air flows radially inward of secondary air splitter and 130 in annotated Fig. 4A), the secondary air comprising the core air and the cooling air (secondary air splits again and comprises cooling air flowing in 126 and core air flowing in core air flow path in annotated Fig. 4A), the secondary air splitter defining a secondary air inlet (labeled in annotated Fig. 4A); and
a booster fan (138 Fig. 4A; [0045]) positioned downstream of the secondary air inlet (138 is downstream of secondary air inlet in annotated Fig. 4A), the booster fan including a plurality of booster fan blades (140 Fig. 4A) that rotates (per [0045] 140 are fan rotor blades, i.e., 140 rotate) to increase the pressure of the secondary air (per [0045] 138 is part of fan module 104 and as discussed above, per [0041] ambient air 114 enters the turbine engine 100 through its intake and is pressurized by fan module 104 which includes booster fan 138).
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Rambo is silent regarding the booster fan having a pressure ratio from 1.1 to 1.7.
Niergarth teaches a three stream turbofan engine (400 Fig. 4) with a primary fan (404 Fig. 4) and a booster fan (406 Fig. 4) with both primary fan and booster fan being ducted fans as opposed to being an unducted fan (204 in Fig. 2). The fan pressure ratio of a ducted fan may be within a range of 1.2-1.4 per [0131], which is within the claimed range of 1.1 to 1.7. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Rambo ’717 such that the booster fan has a pressure ratio from 1.2-1.4 as taught by Niergarth as being a known pressure ratio for a ducted booster fan in a three stream turbofan engine.
Regarding claim 15, Rambo ‘717 in view of Niergarth teaches all that is claimed above and teaches the pressure ratio of the booster fan is from 1.1 to 1.3 since a range of 1.2-1.4 overlaps with the claimed range of 1.1 to 1.3 as 1.2 to 1.3 falls within the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Rambo ’717 in view of Niergarth such that the booster fan has a pressure ratio from 1.2 to 1.3 as taught by Niergarth as being a known pressure ratio for a ducted booster fan in a three stream turbofan engine.
Regarding claim 16, Rambo ‘717 in view of Niergarth teaches all that is claimed above and teaches the pressure ratio of the booster fan is from 1.3 to 1.7 since a range of 1.2-1.4 overlaps with the claimed range of 1.3 to 1.7 as 1.3 to 1.4 falls within the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Rambo ’717 in view of Niergarth such that the booster fan has a pressure ratio from 1.3 to 1.4 as taught by Niergarth as being a known pressure ratio for a ducted booster fan in a three stream turbofan engine.
Regarding claim 19, Rambo ‘717 in view of Niergarth teaches all that is claimed above and Rambo ‘717 further teaches a fan bypass nozzle (labeled in annotated Fig. 4A) positioned downstream of the primary fan to exhaust the bypass air (fan bypass nozzle is downstream of 132 in annotated Fig. 4A and exhausts bypass air); and at least one core exhaust nozzle (112 Fig. 4A) positioned downstream of the combustor to exhaust the combustion gases from the turbine engine (112 is downstream of 108 in Fig. 4A and exhausts combustion gases 116 from 100; [0041]), wherein the cooling air duct includes a cooling air outlet (labeled in annotated Fig. 4A) that is an exhaust nozzle (cooling air outlet in annotated Fig. 4A is an annular exhaust nozzle defined by 130 and 120) separate from the fan bypass nozzle and the at least one core exhaust nozzle (cooling air outlet is separate from fan bypass nozzle and 112 in annotated Fig. 4A).
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Regarding claim 24, Rambo ‘717 in view of Niergarth teaches all that is claimed above and Rambo ‘717 further teaches a core air splitter (labeled in annotated Fig. 4A) positioned downstream of the secondary air inlet (core air splitter is downstream of secondary air inlet in annotated Fig. 4A) to split the secondary air into the core air and the cooling air (core air splitter splits secondary air into core air flowing toward 106 and cooling air flowing into 126 in annotated Fig. 4A).
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Regarding claim 25, Rambo ‘717 in view of Niergarth teaches all that is claimed above and Rambo ‘717 further teaches an outer turbomachine casing (120 Fig. 4A) that circumferentially surrounds the turbo-engine (120 circumferentially surrounds 122 in Fig. 4A) and a cooling air casing (130 Fig. 4A) that circumferentially surrounds the booster fan (130 circumferentially surrounds 138 in Fig. 4A) and defines the cooling air duct between the cooling air casing and the outer turbomachine casing (126 is defined between 130 and 120 in Fig. 4A).
Regarding claim 26, Rambo ‘717 in view of Niergarth teaches all that is claimed above and Rambo ‘717 further teaches the secondary air splitter is a forward portion of the cooling air casing (secondary air splitter is a forward portion of 130 in annotated Fig. 4A).
Claim(s) 12, is/are rejected under 35 U.S.C. 103 as being unpatentable over Rambo 20200332717 in view of Niergarth et al. 20220275774 as applied to claim 11 above and further in view of Ostdiek 11492918.
Regarding claim 12, Rambo ‘717 in view of Niergarth teaches all that is claimed above but does not explicitly teach variable inlet guide vanes positioned in the secondary air inlet and movable to control the volume of air flowing into the secondary air inlet.
Ostdiek ‘918 teaches a three stream turbofan engine (Fig. 1; col 3 lines 63-67 to col 4 lines 1-2) with a booster fan (184 Fig. 1) in a duct (180 Fig. 1) upstream of a third stream, i.e., a cooling air duct (172 Fig. 1) and core air flow path (142 Fig. 1) with variable inlet guide vanes (array of variable inlet guide vanes 186 Fig. 1 col 7 lines 42-45) positioned proximate air inlet (182 Fig. 1) upstream of 184 and movable (per col 7 lines 48-54, each variable inlet guide vane 186 defines a central blade axis and is rotatable about a respective central blade axis, i.e., is movable, and the variable inlet guide vanes are rotatable in unison with one another via actuators 188 which can vary the pitch of the variable inlet guide vanes 186) to control the volume of air flowing into the air inlet (a pitch of the variable inlet guide vanes 186 can guide and direct, i.e., control, the volume of air flowing into 182 and duct 180).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Rambo ‘717 in view of Niergarth to have variable inlet guide vanes positioned in the secondary air inlet upstream of the booster fan and movable to control the volume of air flowing into the secondary air inlet as taught by Ostdiek ‘918 to be able to purposefully adjust airflow into the secondary air inlet and accordingly through the cooling air duct which can help result in a more efficient generation of thrust via the cooling air duct during one or more operating conditions (Ostdiek ‘918 col 8 lines 11-23).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rambo 20200332717 in view of Niergarth et al. 20220275774 as applied to claim 11 above and further in view of Ostdiek et al. 20230323789.
Regarding claim 13, Rambo ‘717 in view of Niergarth teaches all that is claimed above but does not explicitly teach the plurality of primary fan blades and the plurality of booster fan blades are coupled to a fan shaft to rotate with the fan shaft at the same speed.
Ostdiek ‘789 teaches a three stream turbofan engine (538 Fig. 8 [0102]) with a primary fan (502 Fig. 8) and a booster fan (518 Fig. 8) upstream of a cooling duct (524 Fig. 8) and core air flow path (path through core engine 506 Fig. 8). Ostdiek ‘789 teaches a plurality of primary fan blades (502 has a plurality of primary fan blades in Fig. 8) and a plurality of booster fan blades (518 has a plurality of booster fan blades in Fig. 8) are coupled to a fan shaft (primary fan 502 and its blades are coupled to fan shaft 542 as shown in Fig. 8, and booster fan 518 and its blades are coupled to fan shaft 542 via being coupled to shaft 540 which is coupled to 542 in Fig. 8) to rotate with the fan shaft at the same speed (per [0102] direct drive ducted turbofan engine 538 includes an engine shaft 540 driven by the turbine section 516 and a fan shaft 542 rotatable with 502, the fan shaft 542 is configured to rotate directly with (i.e., at the same speed as) the engine shaft 540, and accordingly booster fan 518 which is coupled to 540 also rotates at the same speed as 540, 542 and 502). A three stream turbofan engine having a primary fan and a booster fan, with the booster fan being a ducted fan providing an airflow to a third stream, i.e., cooling duct, of the engine, the amount of thrust generation required from the primary fan may be reduced, with the booster fan providing the difference through the third stream and such a configuration may maintain a desired overall propulsive efficiently for the turbofan engine, or unexpectedly may in fact increase the over propulsive efficiency of the turbofan engine [0030].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have a fan shaft and a direct drive configuration as taught by Ostdiek ‘789 in the invention of Rambo ‘717 in view of Niergarth with the plurality of primary fan blades and the plurality of booster fan blades coupled to a fan shaft to rotate with the fan shaft at the same speed as combining prior art elements according to known methods to yield predictable results, in this case using a known fan shaft and a direct drive configuration of a three stream turbofan engine with a plurality of fans to predictably drive the fans to produce thrust.
"The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. . . . [W]hen a patent 'simply arranges old elements with each performing the same function it had been known to perform' and yields no more than one would expect from such an arrangement, the combination is obvious." KSR at 1395-66 (citing Sakraida v. AG Pro, Inc., 425 U.S. 273, 282 (1976)).
Claim(s) 14 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rambo 20200332717 in view of Niergarth et al. 20220275774 as applied to claim 11 above and further in view of Rambo 20190128189.
Regarding claim 14, Rambo ‘717 in view of Niergarth teaches all that is claimed above and Rambo ‘717 further teaches the plurality of booster fan blades is coupled to the turbine shaft (as discussed above in claim 11, per [0045] the booster fan rotor disk 142, which is connected to booster fan blades 140, may be fixedly joined to turbine shaft 118) but is silent on the plurality of primary fan blades is coupled to a fan shaft and wherein the fan shaft and the turbine shaft rotate at different speeds.
Rambo ‘189 teaches a three-stream turbofan engine (Fig. 3; bypass airflow passage 56, cooling air duct 126 and core air flow path 37) with a primary fan (38 Fig. 3) with a plurality of primary fan blades (40 Fig. 3) coupled to a fan shaft (labeled in annotated Fig. 3) and wherein the fan shaft and a turbine shaft (36 Fig. 3; [0046]) rotate at different speeds (per [0047] fan blades 40, disk 42 and fan shaft are together rotatable about the longitudinal axis 12 by LP turbine shaft 36 across a power gear box 46 and power gear box 46 includes a plurality of gears for stepping down the rotational speed of LP turbine shaft 36 to a more efficient rotational fan speed, i.e., the fan shaft rotates at a different speed than the turbine shaft 36 via power gear box 46).
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Rambo ‘717 in view of Niergarth to have the plurality of primary fan blades coupled to a fan shaft which is coupled to a power gear box and wherein the fan shaft and the turbine shaft rotate at different speeds as taught by Rambo ‘189 to operate the primary fan at a more efficient rotational fan speed.
Regarding claim 30, Rambo ‘717 in view of Niergarth and further in view of Rambo ‘189 teaches all that is claimed above and the combination teaches as discussed above in claim 14 a gearbox assembly (46 Rambo ‘189 Fig. 3) including the turbine shaft as an input shaft and the fan shaft as an output shaft (per Rambo ‘189 [0047] primary fan blades 40, disk 42 and fan shaft are together rotatable about the longitudinal axis 12 by LP turbine shaft 36 across a power gear box 46, which means turbine shaft 36 is the input shaft to gear box 46 and the fan shaft is the output shaft; and in Rambo ‘717 in view of Rambo ‘189, the turbine shaft of Rambo ‘717 is 118), the gearbox assembly including a plurality of gears (Rambo ‘189 [0047] describes 46 has a plurality of gears) to reduce the speed of the fan shaft relative to the turbine shaft (Rambo ‘189 [0047] describes the plurality of gears are for stepping down the rotational speed of LP turbine shaft 36 to a more efficient rotational fan speed, i.e., fan shaft speed is reduced relative to turbine shaft) to rotate the primary fan blades at a rotation speed less than the rotation speed of the booster fan blades (in Rambo ‘717 in view of Rambo ‘189 the primary fan blades are coupled to the fan shaft which has a rotation speed which is less than a rotation speed of the turbine shaft because of the gearbox assembly, and the booster fan blades are coupled to the turbine shaft such that the primary fan blades rotate at a speed less than a rotation speed of the booster fan blades).
Claim(s) 11, 17-18, 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Donovan et al. 20120144843 in view of Rambo 20200332717 and Niergarth et al. 20220275774.
Regarding independent claim 11, Donovan teaches a turbine engine (10 Fig. 1, [0011] describes 10 as a gas turbine engine which is an aircraft propulsion power plant in the form of a turbofan engine, which is a ducted turbofan engine in Fig. 1 as shown by outermost wall defining the outermost duct) comprising:
a primary fan (12 Fig. 1) including a plurality of primary fan blades (per [0012] 12 includes a plurality of fan blades) that rotates to increase the pressure of a volume of air (per [0012] fan blades of 12 pressurize air received at fan inlet of 12 which is necessarily done by rotation of 12);
a turbo-engine (core engine of 10 in Fig. 1; per [0016] compressor system 16, diffuser 18, combustor 20, HP turbine 22 and LP turbine 24 and exhaust nozzle 26 form an engine core, i.e., turbo-engine) including:
a combustor (20 Fig. 1) that combusts compressed air and fuel to generate combustion gases [0016];
a turbine (LP turbine 24 Fig. 1) including a turbine shaft (LP shaft 38 Fig. 4A), the primary fan being coupled to the turbine shaft (per [0014] primary fan 12, LP shaft 38 and LP turbine 24 form, in part, an LP spool, i.e., 12 is coupled to 38) such that rotation of the turbine causes the primary fan to rotate (per [0016] hot gases exiting HP turbine 22 are directed into LP turbine 24, which extracts energy in the form of mechanical shaft power to drive primary fan 12, i.e., causes 12 to rotate); and
a core air flow path (in Fig. 1, core air flow path is through 16, diffuser 18, 20, 22, 24, and 26) at least partially defined by the combustor and the turbine (20 and 24 at least partially define core air flow path);
an outer wall (labeled in annotated Fig. 1) that circumferentially surrounds the primary fan (outer wall circumferentially surrounds 12 in annotated Fig. 1), the outer wall defining a bypass airflow passage (30 Fig. 1) between the outer wall and the turbo-engine (30 is between the outer wall and core engine which is turbo-engine in Fig. 1);
a cooling air duct (28 Fig. 1) defined radially between the core air flow path and the bypass airflow passage (28 is defined radially between core air flow path and 30 as shown in Fig. 1), the volume of air from the primary fan being split (per [0015] air is drawn into inlet of primary fan 12 and pressurized and some of the pressurized air is directed into booster fan 14 and the balance of pressurized air is directed into bypass airflow passage 30) and flowing into the bypass airflow passage as bypass air (per [0015] pressurized air from 12 directed to 30 is bypass air which is channeled by 30 to exhaust nozzle system 26, which provides a component of the thrust output by gas turbine engine 10, and therefore is air which bypasses the core engine), flowing into the cooling air duct as cooling air (per [0015] pressurized air from 12 directed into booster fan 14 is further pressurized and some of this pressurized air is directed to cooling air duct 28 which channels the pressurized air to exhaust nozzle system 26, which provides a component of the thrust output by gas turbine engine 10, and the cooling air also bypasses the core engine), and flowing into the core air flow path as core air (per [0015] some of the pressurized air is directed into compressor 16 and through the core air flow path as core air; [0017] also describes the three streams of air flow through 30, 28 and the core engine);
a heat exchanger (42 Fig. 2; per [0019] cooling system 32 shown in Fig. 1 includes heat exchanger 42) positioned in the cooling air duct (42 is positioned in 28 in Fig. 2) to transfer heat from a heat source from within the turbine engine to the cooling air (per [0021] heat exchanger 42 removes heat from an object of cooling, e.g., core airflow but may be other heat sources per [0018], using a portion of pressurized cooling air received from cooling air duct 28 through cooling medium inlet 46 of 42 and the pressurized cooling air is discharged into bypass air flow passage 30 through cooling medium outlet 48);
a secondary air splitter (labeled in annotated Fig. 1) positioned downstream of the primary fan (secondary air splitter is downstream of 12 in annotated Fig. 1) to split the volume of air into the bypass air and secondary air (bypass air flows into 30 radially outward of secondary air splitter and secondary air flows radially inward of secondary air splitter in annotated Fig. 1), the secondary air comprising the core air and the cooling air (secondary air splits again and comprises cooling air flowing in 28 and core air flowing in core air flow path in annotated Fig. 1), the secondary air splitter defining a secondary air inlet (labeled in annotated Fig. 1); and
a booster fan (14 Fig. 1; [0012]) positioned downstream of the secondary air inlet (14 is downstream of secondary air inlet in annotated Fig. 1), the booster fan including a plurality of booster fan blades (per [0012] 14 includes a plurality of booster fan blades) that rotates (per [0045] 140 are fan rotor blades, i.e., 140 rotate) to increase the pressure of the secondary air (per [0012] booster fan blades of 14 pressurize air received at the secondary inlet to 14, which is necessarily done by rotation of 14).
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Donovan does not explicitly teach the outer wall is a nacelle and the booster fan having a pressure ratio from 1.1 to 1.7.
Rambo ‘717 teaches a three stream turbofan engine (Fig. 4A) for powering an aircraft [0040] with an outer wall which is a nacelle (124 Fig. 4A; per [0042] 124 is a nacelle and is annular and as shown in Fig. 4A 124 surrounds primary fan assembly 132, 134).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Donovan to have the outer wall be a nacelle as taught by Rambo ‘717 as combining prior art elements according to known methods to yield predictable results, in this case having the outer wall of a turbofan engine for an aircraft be a nacelle to predictably provide an aerodynamic casing suitable for the turbofan engine of an aircraft.
"The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. . . . [W]hen a patent 'simply arranges old elements with each performing the same function it had been known to perform' and yields no more than one would expect from such an arrangement, the combination is obvious." KSR at 1395-66 (citing Sakraida v. AG Pro, Inc., 425 U.S. 273, 282 (1976)).
Donovan in view of Rambo ‘717 is silent regarding the booster fan having a pressure ratio from 1.1 to 1.7.
Niergarth teaches a three stream turbofan engine (400 Fig. 4) with a primary fan (404 Fig. 4) and a booster fan (406 Fig. 4) with both primary fan and booster fan being ducted fans as opposed to being an unducted fan (204 in Fig. 2). The fan pressure ratio of a ducted fan may be within a range of 1.2-1.4 per [0131], which is within the claimed range of 1.1 to 1.7. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Donovan in view of Rambo ’717 such that the booster fan has a pressure ratio from 1.2-1.4 as taught by Niergarth as being a known pressure ratio for a ducted booster fan in a three stream turbofan engine.
Regarding claim 17, Donovan in view of Rambo ‘717 and Niergarth teaches all that is claimed above and Donovan further teaches the cooling air duct includes a cooling air outlet (48 Fig. 2) positioned downstream of the heat exchanger (48 is downstream of 42 in Fig. 2), the cooling air outlet discharging the cooling air into a bypass airflow passage (a portion of cooling air from cooling air duct 28 passes through heat exchanger 42 and is discharged through 48 into bypass airflow passage 30 in Fig. 2 and as described in [0021]).
Regarding claim 18, Donovan in view of Rambo ‘717 and Niergarth teaches all that is claimed above and Donovan further teaches the cooling air duct includes a cooling air outlet (labeled in annotated Fig. 1) positioned downstream of the heat exchanger (cooling air outlet is downstream of 32 in annotated Fig. 1 and 32 includes 42) to discharge the cooling air, the cooling air outlet discharging the cooling air into the core air flow path (cooling air outlet discharges cooling air from 28 into 26 of core air flow path in annotated Fig. 1 and as described in [0015] cooling air duct 28 channels the pressurized air to exhaust nozzle system 26, which provides a component of the thrust output by gas turbine engine 10).
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Regarding claim 27, Donovan in view of Rambo ‘717 and Niergarth teaches all that is claimed above and Donovan further teaches the turbine shaft is a low-pressure shaft (38 is a low pressure shaft per [0014]) and the turbine is a low-pressure turbine (24 is a low pressure turbine per [0011]).
Regarding claim 28, Donovan in view of Rambo ‘717 and Niergarth teaches all that is claimed above and Donovan further teaches the turbo-engine further includes a low-pressure compressor (per [0013] compressor 16 includes a low-pressure (LP) compressor and a high-pressure (HP) compressor and per [0014] compressor 16, HP shaft 40 and HP turbine 22 form, in part, an HP spool) that compresses the core air to generate the compressed air (per [0013] compressor system 16, which includes LP compressor, includes a plurality of blades and vanes for compressing air), and defining a portion of the core air flow path (LP compressor as part of compressor 16 defines a portion of the core air flow path in Fig. 1), but Donovan does not explicitly teach the low-pressure compressor being coupled to the low-pressure shaft.
Niergarth further teaches a compressor (430 Fig. 4) including a high-pressure compressor (436 Fig. 4) rotatably coupled with high-pressure turbine (438 Fig. 4) via a high-pressure shaft (440 Fig. 4) to enable the high-pressure turbine 438 to drive the high-pressure compressor 436, and low-pressure compressor (442 Fig. 4) is positioned forward of and in flow relationship with the high-pressure compressor 436, while the low-pressure compressor 442 is rotatably coupled with low-pressure turbine (444 Fig. 4) via a low-pressure shaft (446 Fig. 4), i.e., 442 is coupled to 446, to enable the low-pressure turbine 444 to drive the low-pressure compressor 442 per [0097].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Donovan in view of Rambo ‘717 and Niergarth to have the low-pressure compressor forward of the high-pressure compressor and coupled to the low-pressure shaft as taught by Niergarth to allow the low-pressure compressor to operate at a different speed than the high-pressure compressor. Donovan teaches in [0013] that compressor 16 may have a plurality of compressors which operate at the same or different speeds, such that having the low-pressure compressor and high-pressure compressor driven by different shafts to operate at different speeds is an obvious design choice.
Regarding claim 29, Donovan in view of Rambo ‘717 and Niergarth teaches all that is claimed above and Donovan further teaches and as discussed above in claim 28:
a high-pressure shaft (40 Fig. 1 [0014]);
a high-pressure turbine (22 Fig. 1 [0014]) positioned downstream of the combustor (22 is downstream of 20 in Fig. 1) to receive the combustion gases and to rotate the high-pressure turbine (per [0016] hot gases exiting combustor 20 are directed into HP turbine 22 which extracts energy from the hot gases, i.e., 22 rotates), the high-pressure turbine being coupled to the high-pressure shaft (per [0014] compressor system 16, HP shaft 40 and HP turbine 22 form an HP spool, i.e., 22 is coupled to 40) to rotate the high-pressure shaft when the high-pressure turbine rotates (per [0016] HP turbine 22 extracts the energy from the hot gases to provide mechanical shaft power via HP shaft 40, i.e., 22 provides shaft power by rotating 40 when 22 rotates); and
a high-pressure compressor (as discussed above in claim 28, per [0013] compressor 16 includes a high-pressure (HP) compressor) positioned in the core air flow path upstream of the combustor (HP compressor as part of 16 is upstream of 20 in core air flow path in Fig. 1), the high-pressure compressor being driven by the high-pressure shaft (per [0016] HP turbine 22, which extracts energy from the hot gases in the form of mechanical shaft power to drive compressor system 16 which includes HP compressor via HP shaft 40) to compress the core air flowing through the core air flow path and to generate the compressed air (per [0016] compressor 16, which includes HP compressor, pressurizes air which is compressed and discharged to diffuser 18 which then directs diffused airflow into combustor 20).
Donovan in view of Rambo ‘717 and Niergarth as discussed above in claim 28, teaches the low-pressure compressor is positioned forward of and in flow relationship with the high-pressure compressor, i.e., the high-pressure compressor is downstream of the low-pressure compressor.
Claim(s) 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rambo 20200332717 in view of Niergarth et al. 20220275774 as applied to claim 11 above and further in view of Klingels et al. 20230150678.
Regarding claim 20, Rambo ‘717 in view of Niergarth teaches all that is claimed above in claim 11 but is silent regarding a steam system that extracts water from the combustion gases, vaporizes the water to generate steam, and injects the steam into the core air flow path, the steam system including a condenser to transfer heat from the combustion gases to the cooling air and to condense the water from the combustion gases, wherein the condenser is the heat exchanger.
Klingels teaches a propulsion system of an aircraft in Fig. 4 per [0107] which includes a turbofan propulsion unit having a heat engine 1 in the form of a gas turbine 10 with fan 11 as well as a water recovery system 2.
In Fig. 4 is a steam system that extracts water from combustion gases (per [0120] water present in the working gas, i.e., combustion gases, is at least partially in droplet form and it is separated from the gaseous components of the combustion gases in a water separator (channel) 25, then pumped by a condensate pump 26 through a fluid passage 40 to a water treatment device 27 and then to a water accumulator 28 and per [0121] from the water accumulator 28, a feed pump 13 pumps water through the fluid passage 40 to the evaporator 12),
vaporizes the water to generate steam (per [0115] combustion gases are taken through evaporator 12 in which the hot combustion gases surrender heat which is used to evaporate the water, i.e., vaporizes the water to generate steam, since per [0116] the result is steam; in addition, [0127] refers to 12 as a steam generator), and injects the steam into the core air flow path (per [0116] the resulting steam from 12 is taken through working gas outlets 41 to the gas turbine 10 in the area of its combustion chamber 15 and/or to one or more turbine stages 16, i.e., the steam is injected via 41 into the core air flow path at the combustor and/or turbine),
the steam system including a condenser (22 Fig. 4, [0138]) to transfer heat from the combustion gases to a cooling air and to condense the water from the combustion gases (per [0118]-[0120] and as shown in Fig. 4, moist combustion gases flow from turbine 16 through evaporator 12 and then to condenser 22, but in embodiment of Fig. 4 there is no A/C turbine 24, where the combustion gases are cooled down enough so that the temperature drops and water present in the combustion gases are then at least partially in droplet form; per [0138] condenser 22 receives an oncoming flow, especially a moving-through flow of air, i.e., a cooling air, which is delivered by a fan 11 of the gas turbine 10, and for this purpose it is arranged in the outer channel or bypass flow of the turbofan propulsion unit).
Per [0017] by heat exchangers or turbines, energy can be especially advantageously removed from the exhaust gas, i.e., combustion gases, and water can be removed especially advantageously by condensers or water separators such that the operation, especially the economy and/or environmental compatibility of the aircraft can be (further) improved.
The position of heat exchanger 202 of Rambo ‘717 in Fig. 4A in cooling duct 126 which is a passage in which cooling air from booster fan 138 bypasses core 122 and provides cooling air to 202, is similar to the position of condenser 22 of Klingels in Fig. 4 in a bypass duct in which flowing air from fan 11 provides cooling air in 22.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Rambo ‘717 in view of Niergarth to include a steam system that extracts water from the combustion gases, vaporizes the water to generate steam, and injects the steam into the core air flow path, the steam system including a condenser to transfer heat from the combustion gases to the cooling air and to condense the water from the combustion gases, wherein the condenser is the heat exchanger as taught by Klingels because energy can be especially advantageously removed from the exhaust gas, i.e., combustion gases, and water can be removed especially advantageously by the condenser or water separator such that the operation, especially the economy and/or environmental compatibility of the aircraft can be (further) improved.
Regarding claim 21, Rambo ‘717 in view of Niergarth and further in view of Klingels teaches all that is claimed above in claim 20 and Klingels further teaches the steam system further includes a steam turbine (14 Fig. 4, [0117]) that receives the steam to rotate the steam turbine (per [0117] steam from evaporator 12 is provided to steam turbine 14, which rotates as 14 extracts thermal energy from the steam), the steam turbine being coupled to a turbine shaft to rotate the turbine shaft when the steam turbine rotates (as shown in Fig. 4, 14 is coupled to turbine 16 via a shaft and per [0117] useful power of steam turbine 14 can be supplied directly in particular to a shaft of gas turbine engine 10, i.e., steam turbine 14 supplies power by driving the turbine shaft, i.e., rotating the turbine shaft as 14 rotates).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Rambo ‘717 in view of Niergarth and further in view of Klingels to have the steam system further include a steam turbine that receives the steam to rotate the steam turbine, the steam turbine being coupled to the turbine shaft to rotate the turbine shaft when the steam turbine rotates as further taught by Klingels to provide power to the turbine shaft.
Regarding claim 22, Rambo ‘717 in view of Niergarth teaches all that is claimed above in claim 11 but is silent regarding the heat exchanger is a condenser.
Klingels teaches a propulsion system of an aircraft in Fig. 4 per [0107] which includes a turbofan propulsion unit having a heat engine 1 in the form of a gas turbine 10 with fan 11 as well as a water recovery system 2.
In Fig. 4 is a steam system in which per [0120] water present in the working gas, i.e., combustion gases, is at least partially in droplet form and it is separated from the gaseous components of the combustion gases in a water separator (channel) 25, then pumped by a condensate pump 26 through a fluid passage 40 to a water treatment device 27 and then to a water accumulator 28 and per [0121] from the water accumulator 28, a feed pump 13 pumps water through the fluid passage 40 to the evaporator 12,
per [0115] combustion gases are taken through evaporator 12 in which the hot combustion gases surrender heat which is used to evaporate the water to generate steam, since per [0116] the result is steam; in addition, [0127] refers to 12 as a steam generator, and per [0116] the resulting steam from 12 is taken through working gas outlets 41 to the gas turbine 10 in the area of its combustion chamber 15 and/or to one or more turbine stages 16, i.e., the steam is injected via 41 into the core air flow path at the combustor and/or turbine and
per [0118]-[0120] and as shown in Fig. 4, moist combustion gases flow from turbine 16 through evaporator 12 and then to condenser 22, but in embodiment of Fig. 4 there is no A/C turbine 24, where the combustion gases are cooled down enough so that the temperature drops and water present in the combustion gases are then at least partially in droplet form and per [0138] condenser 22 receives an oncoming flow, especially a moving-through flow of air, i.e., a cooling air, which is delivered by a fan 11 of the gas turbine 10, and for this purpose it is arranged in the outer channel or bypass flow of the turbofan propulsion unit.
Per [0017] by heat exchangers or turbines, energy can be especially advantageously removed from the exhaust gas, i.e., combustion gases, and water can be removed especially advantageously by condensers or water separators such that the operation, especially the economy and/or environmental compatibility of the aircraft can be (further) improved.
The position of heat exchanger 202 of Rambo ‘717 in Fig. 4A in cooling duct 126 which is a passage in which cooling air from booster fan 138 bypasses core 122 and provides cooling air to 202, is similar to the position of condenser 22 of Klingels in Fig. 4 in a bypass duct in which flowing air from fan 11 provides cooling air in 22.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Rambo ‘717 in view of Niergarth to include a steam system including a condenser to transfer heat from the combustion gases to the cooling air and to condense the water from the combustion gases, wherein the heat exchanger is the condenser of the steam system as taught by Klingels because energy can be especially advantageously removed from the exhaust gas, i.e., combustion gases, and water can be removed especially advantageously by the condenser or water separator such that the operation, especially the economy and/or environmental compatibility of the aircraft can be (further) improved.
Claim(s) 23, is/are rejected under 35 U.S.C. 103 as being unpatentable over Rambo 20200332717 in view of Niergarth et al. 20220275774 as applied to claim 11 above and further in view of Ostdiek et al. 20210108597 and Ostdiek 11492918.
Regarding claim 23, Rambo ‘717 in view of Niergarth teaches all that is claimed above in claim 11 and Rambo ‘717 further teaches each primary fan blade of the plurality of primary fan blades includes a primary blade (labeled in annotated Fig. 4A) having a blade length (labeled in annotated Fig. 4A) from a root end (labeled in annotated Fig. 4A) of the primary blade to a tip end (labeled in annotated Fig. 4A) of the primary blade, and each booster fan blade of the plurality of booster fan blades includes a booster blade (labeled in annotated Fig. 4A) having a blade length (labeled in annotated Fig. 4A) from a root end (labeled in annotated Fig. 4A) of the booster blade to a tip end (labeled in annotated Fig. 4A) of the booster blade.
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Rambo ‘717 in view of Niergarth does not explicitly teach each primary fan blade being an airfoil and each booster blade being an airfoil, and Rambo ‘717 in view of Niergarth is silent regarding the blade length of the booster fan blades being from 3.0 % to 41.6 % of the blade length of the primary fan blades.
Ostdiek ‘597 teaches a three stream turbofan engine (Fig. 10) with a primary fan (20 Fig. 10) having a plurality of primary fan airfoil blades (21 Fig. 10, [0062]) and a booster fan (40 Figs. 1 and 10; per [0062] as many common elements are illustrated in FIG. 10 as in FIG. 1, like numerals are used to reference like elements) with a plurality of booster fan airfoil blades ([0059] refers to blades 40).
Ostdiek ‘918 teaches a three stream unducted turbofan engine (Fig. 1; col 3 lines 63-67 to col 4 lines 1-2) with a primary fan (152 Fig. 1) having a plurality of primary fan blades and a booster fan (184 Fig. 1) having a plurality of booster fan blades, and Ostdiek ‘918 teaches in col 11 lines 1-16 that aspects of their invention may be combined with a ducted turbofan engine as shown in Fig. 10 of Ostdiek ‘597.
Ostdiek ‘918 teaches with reference to Fig. 1, each blade 154 has a root and a tip and a span, i.e., blade length, defined therebetween and each fan blade 154 defines a fan blade tip radius R.sub.1 along the radial direction R from the longitudinal axis 12 to the tip, and a hub radius (or inner radius) R.sub.2 along the radial direction R from the longitudinal axis 12 to the base; and each fan blade 154 of the fan 152, defines a fan radius ratio, RqR, equal to R.sub.1 divided by R.sub.2. As the fan 150 is the primary fan of the engine 100, the fan radius ratio, RqR, of the fan 152 may be referred to as the primary fan radius ratio, RqR.sub.Prim.-Fan. (col 5 lines 47-58).
Booster fan 184 includes a plurality of booster blades (not separately labeled in FIG. 1) and booster blades of the booster fan 184 can be arranged in equal spacing around the longitudinal axis 112 with each booster blade of booster fan 184 having a root and a tip and a span, i.e., blade length, defined therebetween, and each booster blade of the booster fan 184 defines a booster blade tip radius R.sub.3 along the radial direction R from the longitudinal axis 12 to the tip, and a hub radius (or inner radius) R.sub.4 along the radial direction R from the longitudinal axis 12 to the base; each fan blade of the ducted fan 184, defines a fan radius ratio, RqR, equal to R.sub.3 divided by R.sub.4. As the ducted fan 184 is the secondary fan of the engine 100, the fan radius ratio, RqR, of the ducted fan 184 may be referred to as the secondary fan radius ratio, RqR.sub.Sec.-Fan (col 6 lines 37-51).
A significant relationship exists between a percentage of a total turbofan engine thrust provided by a third stream (as defined herein) and the relative sizes of a turbofan's primary to booster fan (col 8 lines 51-54), with the desired relationship represented by Equation 1 and variables within shown in col 9 lines 52-67 to col 10 lines 1-2, as well as values for R.sub.1/R.sub.3 and the corresponding values of the influencing characteristics of an engine defined by Equation (1) set forth in TABLE 1 in col 10 lines 17-45.
Therefore, since blade length of each primary fan airfoil blade affects the primary fan blade tip radius and primary fan blade hub radius, and blade length of each booster fan airfoil blade affects the booster fan blade tip radius and booster fan blade hub radius, each of which are result effective variables which affect a percentage of a total turbofan engine thrust provided by a third stream, the blade length of the primary fan and the blade length of the booster fan are each also result effective variables that also affect the percentage of a total turbofan engine thrust provided by a third stream. It would be obvious to optimize the blade length of the primary fan and the blade length of the booster fan to have the desired percentage of a total turbofan engine thrust provided by a third stream and arrive at the blade length of the booster fan blades being from 3.0 % to 41.6 % of the blade length of the primary fan blades as claimed.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Rambo ‘717 in view of Niergarth to have each primary fan blade and each booster blade be an airfoil as taught by Ostdiek ‘597 as known in a three stream turbofan engine, and to have the blade length of the booster fan blades being from 3.0 % to 41.6 % of the blade length of the primary fan blades as obvious to optimize to obtain a desired percentage of a total turbofan engine thrust provided by the cooling air duct, i.e., third stream, as taught by Ostdiek ‘918.
Response to Arguments
Applicant's arguments filed 11/26/2025 have been fully considered but they are not persuasive.
Regarding the double patenting rejection on page 8 of Remarks, Applicant argues the restriction in parent application 18417814, now patent 12359612, prohibits the use of the patent 12359612 as a reference against any divisional application in a non-statutory obviousness-type double patenting rejection such as against claims of the present application which was filed as a divisional. However, as stated in the Non-Final rejection and in the current Final rejection, in the Notice of Allowance for 18417814 filed 03/31/2025, the restriction requirement set forth in the Office action mailed on 09/16/2024 between inventions of group I and group II and among species of configuration of cooling air duct with condenser, and among species of configuration of outlet of exhaust was withdrawn. Therefore, the double patenting rejection is proper.
On page 10 of Remarks regarding claim 11, now amended to include “the booster fan having a pressure ratio from 1.1 to 1.7”, Applicant argues against using prior art of record Niergarth et al. 20220275774 to modify Rambo 20200332717 to teach the claimed pressure ratio as Niergarth was used in 103 rejections of original claims 15 and 16 in the Non-Final rejection regarding a pressure ratio of the booster fan. Applicant argues that Niergarth’s teaching of a pressure ratio of a ducted fan within a range of 1.2-1.4 pertains to a variable pitch fan configuration and is not expressly disclosed as pertaining to a booster fan as recited in amended claim 11. However, currently amended claim 11 as well as currently amended claims 15-16 do not recite any limitation regarding the booster fan being of variable pitch or of fixed pitch. In addition, instant specification [0031] recites “As depicted in FIG. 1, the booster fan blades 62 are fixed-pitch fan blades, but alternatively, the booster fan blades 62 may be variable-pitch fan blades that are adjustable by an actuator in the manner described above for the primary fan 38” and instant specification [0054] recites the claimed pressure ratios of the booster fan but does not say the booster fan is required to be of fixed pitch or of variable pitch. Niergarth teaches a known pressure ratio of a ducted fan and the booster fan of Rambo ‘717 is a ducted fan such that it would be obvious to modify Rambo ‘717 in view of Niergarth to have the booster fan have a pressure ratio of 1.2-1.4. Therefore, Rambo ‘717 in view of Niergarth is used to reject currently amended claim 11 and claims 15-16.
Applicant does not argue regarding the rest of the claims or other prior art of record.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.J.H./Examiner, Art Unit 3741
/LORNE E MEADE/Primary Examiner, Art Unit 3741