FINAL REJECTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendment filed 11/24/2025 has been entered. Claims 16-18 have been cancelled. Claims 1-15, 19, 20 remain pending in the application.
Claim Objections
Claim 1 & 15 are objected to because of the following informalities.
Claim 1, the last two lines should be revised to:
-- an inducer, wherein a portion of the inner annular wall is received within a flow passage of the inducer. --
Claim 15, in the last line, “the first diameters” should be revised to:
-- the first [[diameters]] diameter --;
Appropriate correction is required.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 20 of prior U.S. Patent No. 12,357,933 B2. This is a statutory double patenting rejection.
Claim 1 of the instant application claims the same invention as the patent claim 20 nearly verbatim as shown in the table below.
Claim of instant application
US Patent No. 12,357,933 B2
1. (Currently Amended) A turbine engine comprising:
a compressor section which receives an ambient air stream and emits a compressed stream;
a combustion section which receives the compressed stream and emits a combustion stream which is at a higher temperature than the compressed stream;
a turbine section which receives the combustion stream and emits an exhaust stream which is at a lower temperature than the combustion stream;
a rotatable drive shaft coupling a portion of the turbine section with a portion of the compressor section and defining a rotational axis for the turbine engine;
a bypass conduit coupling the compressor section to the turbine section while bypassing at least the combustion section to supply either a portion of the ambient air stream or a portion of the compressed stream to the turbine section to define a bypass stream; and
at least one centrifugal separator fluidly coupled to the bypass stream, the at least one centrifugal separator having:
a body defining a centerline, wherein the body includes an outer annular wall defining a through passage;
a center body extending axially along the centerline within the through passage, spaced from the outer annular wall;
a separator inlet fluidly coupled to the through passage, receiving the bypass stream;
a separator outlet fluidly coupled with the turbine section to output a reduced- particle stream that is provided to the turbine section for cooling;
an angular velocity increaser located within the through passage and coupled to the center body;
a flow splitter located downstream of the angular velocity increaser, the flow splitter having an inner annular wall spaced radially-inwardly from the outer annular wall, wherein the flow splitter is configured to split a radially-outward portion of the bypass stream from a radially-inward portion of the bypass stream such that the radially-outward portion of the bypass stream is a concentrated-particle stream and the radially-inward portion is the reduced- particle stream;
a first outlet passage defined by the inner annular wall that receives the reduced- particle stream, wherein the first outlet passage fluidly couples an inlet defined by an upstream edge of the inner annular wall and the separator outlet, and wherein a portion of the first outlet passage includes an axially-decreasing cross-section;
an angular velocity decreaser located downstream of the flow splitter;
a second outlet passage defined by the outer annular wall and the inner annular wall, wherein the second outlet passage receives the concentrated-particle stream comprising separated particles; and
inducer, wherein a portion of the inner annular wall is received within a flow passage of the inducer.
20. A turbine engine comprising:
a compressor section which receives an ambient air stream and emits a compressed stream;
a combustion section which receives the compressed stream and emits a combustion stream which is at a higher temperature than the compressed stream;
a turbine section which receives the combustion stream and emits an exhaust stream which is at a lower temperature than the combustion stream;
a rotatable drive shaft coupling a portion of the turbine section with a portion of the
compressor section and defining a rotational axis for the turbine engine;
a bypass conduit coupling the compressor section to the turbine section while bypassing at least the combustion section to supply either a portion of the ambient air stream or a portion of the compressed stream to the turbine section to define a bypass stream;
at least one centrifugal separator fluidly coupled to the bypass stream, the at least one centrifugal separator having:
a body defining a centerline, wherein the body includes an outer annular wall defining a through passage;
a center body extend axially along the centerline within the through passage, spaced from the outer annular wall;
a separator inlet fluidly coupled to the through passage, receiving the bypass stream;
a separator outlet fluidly coupled with the turbine section to output a reduced-particle stream that is provided to the turbine section for cooling;
an angular velocity increaser located within the through passage and coupled to the center body;
a flow splitter located downstream of the angular velocity increaser, the flow splitter having an inner annular wall spaced radially-inwardly from the outer annular wall, wherein the flow splitter is configured to split a radially-outward portion of the bypass stream from a radially-inward portion of the bypass stream such that the radially-outward portion of the bypass stream is a concentrated-particle stream and the radially-inward portion is the reduced-particle stream;
a first outlet passage defined by the inner annular wall that receives the reduced-
particle stream, wherein the first outlet passage fluidly couples an inlet defined by an upstream edge of the inner annular wall and the separator outlet, and wherein a portion of the first outlet passage includes an axially-decreasing cross-section;
an angular velocity decreaser located downstream of the flow splitter; and
a second outlet passage defined by the outer annular wall and the inner annular wall, wherein the second outlet passage receives the concentrated-particle stream comprising separated particles; and
an inducer, wherein a portion of the inner annular wall is received within a flow passage of the inducer.
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 2-5, 10, 13-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of U.S. Patent No. 12,357,933 B2 in view of Sedillo (US 2012/0233973 A1).
Regarding claim 2 & 3, the patent claims the turbine engine of claim 1 (see statutory double patenting rejection above), but fails to claim wherein the second outlet passage includes a particle outlet, wherein the particle outlet is located axially downstream of the angular velocity decreaser (the patent does claim this in claims 2 & 3, in relation to independent claim 1, but not claim 20).
Sedillo teaches a turbine engine having at least one centrifugal separator 50 (Fig. 2A-2C) having a body 52 (Fig. 2A-2C), centerbody 86, 92 (Para. 0027), separator inlet 54, separator outlet 70 fluidly coupled with the turbine section to output a reduced particle stream to the turbine section for cooling (Fig. 1, Para. 0024), angular velocity increaser 84 (Fig. 2A-2C, Para. 0026-27), a flow splitter 104, first outlet passage (Fig. 2A-2C) receiving the reduced-particle stream, angular velocity decreaser 98, and second outlet passage (Fig. 2A-2C formed by the outer and inner annular walls around the flow splitter) for receiving a concentrated particle stream comprising separated particles (Para. 0023), wherein the second outlet passage includes a particle outlet 68 that is axially downstream of the angular velocity decreaser 98 (Fig. 2A-2C).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the turbine engine of the patent such that the second outlet passage includes a particle outlet axially downstream of the angular velocity decreaser, as taught by Sedillo, in order to provide an outlet at an end of the centrifugal separator that can remove the separated particles from the centrifugal separator (Sedillo Para. 0023).
Regarding claim 4 & 5, the patent claims the turbine engine of claim 1, but fails to claim wherein the angular velocity decreaser is located within the first outlet passage; wherein the angular velocity decreaser is coupled to the center body (the patent does claim these features in claims 4 & 5, dependent on independent claim 1, but not claim 20).
Sedillo teaches wherein the angular velocity decreaser 98 is located within the first outlet passage (Fig. 2A-2C, the first outlet being from the downstream end 130 of inner annular wall to the separator outlet 70); wherein the angular velocity decreaser is coupled to the center body (to the guide portion 92 portion of the centerbody, Para. 0027, Fig. 2A-2C).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the engine of the patent such that the angular velocity decreaser is located within the first outlet passage and the angular velocity decreaser is coupled to the center body, as taught by Sedillo, in order to guide the flow through the first outlet passage and to provide structural support for the angular velocity decreaser.
Regarding claim 10, the patent claims the turbine engine of claim 1, but fails to claim wherein the second outlet passage comprises vanes (the patent claims these features in claim 10 which is dependent on independent claim 1, but not claim 20).
Sedillo teaches the second outlet passage comprises vanes 120 (Para. 0032-34, 0043, Fig. 2A-2C, second swirl members).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have incorporated into the engine of the patent, the second outlet passage having vanes, as taught by Sedillo, in order to impart a swirling motion to the air stream that causes particles within the air stream to move radially outward to exit through the second outlet passage and the particle outlet (Sedillo Para. 0032-34, 0043).
Regarding claim 13, the patent claims the turbine engine according to claim 1, but fails to claim wherein the separator inlet and the separator outlet are co-axially aligned on the centerline (the patent claims these features in claim 12, dependent on claim 1).
Sedillo teaches the turbine engine according to claim 1, wherein the separator inlet 54 and the separator outlet 70 are co-axially aligned on the centerline CA (Fig. 2A-2C).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the engine of the patent such that the separator inlet and outlet are co-axially aligned along the centerline, as taught by Sedillo, in order to provide an axial flowpath for the air stream through the separator that allows the reduced particle stream to flow through the separator from the inlet to the outlet without any turns.
Regarding claim 14, the patent claims the turbine engine according to claim 1, but fails to claim wherein the second outlet passage includes a particle outlet that axially overlaps the portion of the first outlet passage with the axially-decreasing cross-section.
Sedillo teaches wherein the second outlet passage includes a particle outlet 68 that axially overlaps the portion 74 of the first outlet passage with the axially-decreasing cross-section (Fig. 2A-2C, the particle outlet 68 axially overlaps with the smaller cross section portion 74 of the first outlet passage leading to the separator outlet 70 as shown).
Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the engine of the patent such that the second outlet passage includes a particle outlet that axially overlaps the portion of the first outlet passage with the axially-decreasing cross-section, as taught by Sedillo, in order to provide an outlet from which to remove the particles within the concentrated particle stream as the air streams exit the separator at the axially downstream end of the centrifugal separator, with the particles exiting through a radially disposed outlet (Sedillo Para. 0023).
Claims 15, 19, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14-16, 19 of U.S. Patent No. 12,357,933 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding independent claim 15, the patent claims a turbine engine comprising:
a compressor section which receives an ambient air stream and emits a compressed stream (claim 14, col. 24, ln. 18-19);
a combustion section downstream of the compressor section; a turbine section downstream of the combustion section (claim 14, col. 24, ln. 20-21);
a rotatable drive shaft coupling a portion of the turbine section with a portion of the compressor section and defining a rotational axis for the turbine engine (claim 14, col. 24, ln. 23-25);
a bypass conduit coupling the compressor section to the turbine section while bypassing at least the combustion section to supply either a portion of the ambient air stream or a portion of the compressed stream to the turbine section to define a bypass stream (claim 14, col. 24, ln. 26-30); and
at least one centrifugal separator fluidly coupled to the bypass stream (claim 14, col. 24, ln. 31-32), the at least one centrifugal separator having:
a body defining a centerline, wherein the body includes an outer annular wall defining a through passage (claim 14, col. 24, ln. 34-35);
a center body extending axially along the centerline within the through passage, spaced from the outer annular wall (claim 14, col. 24, ln. 36-38);
a separator inlet fluidly coupled to the through passage, receiving the bypass stream (claim 14, col. 24, ln. 39-40);
a separator outlet co-axially aligned with the separator inlet about the centerline (claim 19, col. 25, ln. 27-29), wherein the separator outlet fluidly coupled with the turbine section to output a reduced-particle stream that is provided to the turbine section for cooling (claim 14, col. 24, ln. 41-43);
an angular velocity increaser located within the through passage and coupled to the center body (claim 14, col. 24, ln. 44-45);
a flow splitter located downstream of the angular velocity increaser, the flow splitter having an inner annular wall spaced radially inwardly from the outer annular wall, wherein the flow splitter is configured to split a radially-outward portion of the bypass stream from a radially-inward portion of the bypass stream such that the radially-outward portion of the bypass stream is a concentrated-particle stream and the radially-inward portion is the reduced- particle stream (claim 14, col. 24, ln. 46-55);
a first outlet passage defined by the inner annular wall that receives the reduced- particle stream, wherein the first outlet passage fluidly couples an inlet defined by an upstream edge of the inner annular wall and the separator outlet (claim 14, col. 24, ln. 56-60),
an angular velocity decreaser coupled to the center body and located within the first outlet passage (claim 14, col. 24, ln. 61-62); and
a second outlet passage defined by the outer annular wall and the inner annular wall, wherein the second outlet passage receives the concentrated-particle stream comprising separated particles, and wherein the second outlet passage includes a particle outlet located axially downstream of the angular velocity decreaser (claim 14, col. 24, ln. 63- col. 25, ln. 2);
wherein the center body includes a first diameter measured at the angular velocity increaser, and a second diameter measured at a portion of the center body located downstream of the angular velocity increaser and upstream of the angular velocity decreaser (claim 14, col. 25, ln. 7-10), and a third diameter measured at the angular velocity decreaser (claim 15, col. 25, ln. 16-17), wherein the first diameter is greater than the second diameter (Claim 14, col. 25, ln. 12-13), the third diameter is greater than the second diameter (claim 15, col. 25, ln. 18), and the third diameter is less than the first diameters (claim 16, col. 25, ln. 19-20).
Regarding claim 19, the patent claims the turbine engine of claim 15, wherein the second outlet passage includes an axially-increasing cross-section, such that a cross-section of the second outlet passage at the inlet is smaller than a cross-section of the second outlet passage downstream of the inlet (claim 14, col. 25, ln. 2-6).
Regarding claim 20, the patent claims the turbine engine according to claim 15, further comprising an inducer, wherein a portion of the inner annular wall is received within a flow passage of the inducer (claim 18, col. 25, ln. 24-26).
Allowable Subject Matter
Claims 6-9, 11, 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 15, 19 & 20 would be allowable if rewritten or amended to overcome the rejections under non-statutory double patenting rejection set forth in this Office action, or a timely Terminal Disclaimer filed.
Response to Arguments
Applicant’s arguments with respect to independent claims 1, 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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/ALAIN CHAU/
Primary Examiner, Art Unit 3741