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 .
DETAILED ACTION
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 1-14 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. “said fan rotor” (claim 1) lacks antecedent basis. Further in claim 1, “said propulsor drive shaft” is indefinite – it is unclear if it refers to the “propulsor turbine drive shaft” or a different one. In claim 2, “a propulsor drive shaft” is indefinite because it is unclear if it refers to the “propulsor turbine drive shaft” (claim 1), the “said propulsor drive shaft” (claim 1), or a different one.
Claims 15-30 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. “said fan drive shaft” (claim 15) lacks antecedent basis.
Claims 17, 21-23, 27-29 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. “said compressor section” lacks antecedent basis.
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 3 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12385413. This is a statutory double patenting rejection. Even though claims 1-3 recite a “propulsor” while claim 1 of 12385413 recites a “fan”, a propulsor in the context of a gas turbine engine is a fan. See for example US 2015/0239568 (para 3, 11).
12385413 claim 1
Claim 1-3
A gas turbine engine comprises: a fan drive turbine driving a gear reduction, said gear reduction, in turn, driving a fan rotor, said fan rotor delivering air into a bypass duct as bypass air and into a compressor section as core flow;
A gas turbine engine comprises: a propulsor drive turbine driving a gear reduction, said gear reduction, in turn, driving a propulsor rotor, said fan rotor delivering air into a bypass duct as bypass air and into a compressor section as core flow;
a forward bearing positioned between said gear reduction and said fan rotor and supporting said gear reduction, and a second bearing positioned aft of said gear reduction and supporting said gear reduction, and said second bearing being a thrust bearing; a fan drive turbine drive shaft driving said gear reduction;
a forward bearing positioned between said gear reduction and said fan rotor and supporting said gear reduction, and a second bearing positioned aft of said gear reduction and supporting said gear reduction, and said second bearing being a thrust bearing; a propulsor turbine drive shaft driving said gear reduction;
a catcher provided to resist movement of said gear reduction and said fan rotor in an outer direction of said second bearing, said catcher being fixed to static structure, said static structure being radially outward of said forward bearing, and said catcher including a member having a radially inner location positioned forwardly of a radially outwardly extending flange which rotates with said fan drive shaft,
and a catcher provided to resist movement of said gear reduction and said propulsor rotor in an outer direction of said second bearing, said catcher being fixed to static structure, said static structure being radially outward of said forward bearing, and said catcher including a member having a radially inner location positioned forwardly of a radially outwardly extending flange which rotates with said propulsor drive shaft,
said catcher being contacted by said flange should said gear reduction move in a forward direction, to resist said movement of said gear reduction, and said member being axially intermediate said forward bearing and said fan rotor;
said catcher being contacted by said flange should said gear reduction move in a forward direction, to resist said movement of said gear reduction, and said member being axially intermediate said forward bearing and said propulsor rotor.
said gear reduction is an epicyclic gear reduction, said epicyclic gear reduction includes a sun gear driving intermediate gears, a static ring gear, and a carrier rotating when driven by said sun gear, said carrier being attached to a fan drive shaft to drive said fan rotor;
wherein said gear reduction is an epicyclic gear reduction, said epicyclic gear reduction includes a sun gear driving intermediate gears, a static ring gear, and a carrier rotating when driven by said sun gear, said carrier being attached to a propulsor drive shaft to drive said propulsor rotor.
and said compressor section includes a low pressure compressor and a high pressure compressor and said low pressure compressor also being driven by said gear reduction to rotate with said fan rotor.
wherein said compressor section includes a low pressure compressor and a high pressure compressor and said low pressure compressor also being driven by said gear reduction to rotate with said propulsor rotor.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12385413. Although the claims at issue are not identical, they are not patentably distinct from each other. Even though the present claims recite a “propulsor” while claim 1 of 12385413 recites a “fan”, a propulsor in the context of a gas turbine engine is a fan. See for example US 2015/0239568 (para 3, 11).
12385413 claim 1
Claim 1-3, 9
A gas turbine engine comprises: a fan drive turbine driving a gear reduction, said gear reduction, in turn, driving a fan rotor, said fan rotor delivering air into a bypass duct as bypass air and into a compressor section as core flow;
A gas turbine engine comprises: a propulsor drive turbine driving a gear reduction, said gear reduction, in turn, driving a propulsor rotor, said fan rotor delivering air into a bypass duct as bypass air and into a compressor section as core flow;
a forward bearing positioned between said gear reduction and said fan rotor and supporting said gear reduction, and a second bearing positioned aft of said gear reduction and supporting said gear reduction, and said second bearing being a thrust bearing; a fan drive turbine drive shaft driving said gear reduction;
a forward bearing positioned between said gear reduction and said fan rotor and supporting said gear reduction, and a second bearing positioned aft of said gear reduction and supporting said gear reduction, and said second bearing being a thrust bearing; a propulsor turbine drive shaft driving said gear reduction;
a catcher provided to resist movement of said gear reduction and said fan rotor in an outer direction of said second bearing, said catcher being fixed to static structure, said static structure being radially outward of said forward bearing, and said catcher including a member having a radially inner location positioned forwardly of a radially outwardly extending flange which rotates with said fan drive shaft,
and a catcher provided to resist movement of said gear reduction and said propulsor rotor in an outer direction of said second bearing, said catcher being fixed to static structure, said static structure being radially outward of said forward bearing, and said catcher including a member having a radially inner location positioned forwardly of a radially outwardly extending flange which rotates with said propulsor drive shaft,
said catcher being contacted by said flange should said gear reduction move in a forward direction, to resist said movement of said gear reduction, and said member being axially intermediate said forward bearing and said fan rotor;
said catcher being contacted by said flange should said gear reduction move in a forward direction, to resist said movement of said gear reduction, and said member being axially intermediate said forward bearing and said propulsor rotor.
said gear reduction is an epicyclic gear reduction, said epicyclic gear reduction includes a sun gear driving intermediate gears, a static ring gear, and a carrier rotating when driven by said sun gear, said carrier being attached to a fan drive shaft to drive said fan rotor;
wherein said gear reduction is an epicyclic gear reduction, said epicyclic gear reduction includes a sun gear driving intermediate gears, a static ring gear, and a carrier rotating when driven by said sun gear, said carrier being attached to a propulsor drive shaft to drive said propulsor rotor.
and said compressor section includes a low pressure compressor and a high pressure compressor and said low pressure compressor also being driven by said gear reduction to rotate with said fan rotor.
wherein said compressor section includes a low pressure compressor and a high pressure compressor and said low pressure compressor also being driven by said gear reduction to rotate with said propulsor rotor.
12385413 Claim 2
Claim 4, 10
wherein said catcher being between said gear reduction and said fan rotor.
wherein said catcher being between said gear reduction and said propulsor rotor.
12385413 Claim 3
Claim 5
wherein said catcher is bolted to said static structure.
wherein said catcher is bolted to said static structure.
12385413 Claim 4
Claim 6, 11
a bypass ratio is defined as a volume of air delivered into said bypass duct compared to a volume of air delivered into said compressor section, and said bypass ratio being greater than 6 and less than 25.
wherein said propulsor rotor is a fan rotor and a bypass ratio is defined as a volume of air delivered into a bypass duct compared to a volume of air delivered into said compressor section, and said bypass ratio being greater than 6 and less than 25.
12385413 Claim 5
Claim 8, 13
wherein said bypass ratio being greater than 10.
wherein said bypass ratio being greater than 10.
12385413 Claim 6
Claim 14
wherein said fan drive turbine having a pressure ratio greater than 5.
wherein said propulsor drive turbine having a pressure ratio greater than 5.
12385413 Claim 7
Claim 7, 12
wherein said fan rotor having a plurality of fan blades, and a fan pressure ratio measured across the fan blades alone being less than 1.45.
wherein said fan rotor having a plurality of fan blades, and a fan pressure ratio measured across the fan blades alone being less than 1.45.
Claims 15-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-17 of U.S. Patent No. 12385413. Although the claims at issue are not identical, they are not patentably distinct from each other. Even though the present claims recite a “propulsor” while claim 1 of 12385413 recites a “fan”, a propulsor in the context of a gas turbine engine is a fan. See for example US 2015/0239568 (para 3, 11).
12385413 claim 9-10
Claim 15-17
A gas turbine engine comprises: a fan drive turbine driving a gear reduction, said gear reduction, in turn, driving a fan rotor, said fan rotor delivering air into a bypass duct as bypass air and into a compressor section as core flow;
A gas turbine engine comprises:a propulsor drive turbine driving a gear reduction, said gear reduction, in turn, driving a propulsor rotor;
a forward bearing positioned between said gear reduction and said fan rotor and supporting said gear reduction, and a second bearing positioned aft of said gear reduction and supporting said gear reduction, and said second bearing being a thrust bearing;
a forward bearing positioned between said gear reduction and said propulsor rotor and supporting said gear reduction, and a second bearing positioned aft of said gear reduction and supporting said gear reduction, and said second bearing being a thrust bearing;
a fan drive turbine drive shaft driving said gear reduction;
a propulsor drive turbine drive shaft driving said gear reduction;
a catcher provided to resist movement of said gear reduction and said fan rotor in an outer direction in the event of a failure; said gear reduction is an epicyclic gear reduction;
a catcher provided to resist movement of said gear reduction and said propulsor rotor in an outer direction in the event of a failure;said gear reduction is an epicyclic gear reduction;
said epicyclic gear reduction includes a sun gear driving intermediate gears, a static ring gear, and a carrier rotating when driven by said sun gear, said carrier being attached to a fan drive shaft to drive said fan rotor;
said epicyclic gear reduction includes a sun gear driving intermediate gears, a static ring gear, and a carrier rotating when driven by said sun gear, said carrier being attached to a propulsor drive shaft to drive said propulsor rotor.
said catcher includes a member having a radially inner location positioned forwardly of a radially outwardly extending flange which rotates with said fan drive shaft, said catcher being contacted by said flange should said gear reduction move in a forward direction, said catcher to resist movement of said gear reduction;
said catcher includes a member having a radially inner location positioned forwardly of a radially outwardly extending flange which rotates with said fan drive shaft, said catcher being contacted by said flange should said gear reduction move in a forward direction, said catcher to resist movement of said gear reduction;
and wherein said catcher being between said gear reduction and said fan rotor and between said forward bearing and said fan rotor.
wherein said catcher being between said gear reduction and said propulsor rotor and between said forward bearing and said propulsor rotor.
wherein said compressor section includes a low pressure compressor and a high pressure compressor and said low pressure compressor also being driven by said gear reduction to rotate with said fan rotor.
said compressor section includes a low pressure compressor and a high pressure compressor and said low pressure compressor also being driven by said gear reduction to rotate with said propulsor rotor.
12385413 Claim 11
Claim 18
wherein said catcher is bolted to a static structure.
wherein said catcher is bolted to a static structure.
12385413 Claim 12
Claim 20, 26
wherein said static structure supports said forward bearing.
wherein said static structure supports said forward bearing.
12385413 Claim 13
Claim 19, 25
wherein said catcher is fixed to static structure.
wherein said catcher is fixed to static structure.
12385413 Claim 14
Claim 21, 27
wherein a bypass ratio is defined as a volume of air delivered into said bypass duct compared to a volume of air delivered into said compressor section, and said bypass ratio being greater than 6 and less than 25.
wherein said propulsor rotor is a fan rotor and a bypass ratio is defined as a volume of air delivered into a bypass duct compared to a volume of air delivered into said compressor section, and said bypass ratio being greater than 6 and less than 25.
12385413 Claim 15
Claim 22, 28
wherein said bypass ratio being greater than 10.
wherein said bypass ratio being greater than 10.
12385413 Claim 16
Claim 24, 30
wherein said fan drive turbine having a pressure ratio greater than 5.
wherein said propulsor drive turbine having a pressure ratio greater than 5.
12385413 Claim 17
Claim 23, 29
wherein said fan rotor having a plurality of fan blades, and a fan pressure ratio measured across the fan blades alone being less than 1.45.
wherein said fan rotor having a plurality of fan blades, and a fan pressure ratio measured across the fan blades alone being less than 1.45.
Allowable Subject Matter
Claims 1-30 would be allowed if the double patenting rejections were overcome.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to teach, in combination with the other claim limitations, said catcher being contacted by said flange should said gear reduction move in a forward direction, said catcher to resist movement of said gear reduction; and said member being axially intermediate said forward bearing and said propulsor rotor or wherein said catcher being between said gear reduction and said propulsor rotor and between said forward bearing and said propulsor rotor. US 2017/0175753 teaches a propulsor/fan rotor, a gearbox, and a bearing between the gearbox and the propulsor rotor (Fig 5; bearing 34 or 32 between the gearbox 20 and the propulsor rotor 12) but fails to teach a catcher. US 2013/0186056 teaches a catcher positioned forward of a radially outwardly extending flange (Fig 1; catcher 21, flange 22), but fails to teach the catcher being between a gearbox and the propulsor rotor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW NGUYEN whose telephone number is (571)270-5063. The examiner can normally be reached 8 am - 4 pm, Monday-Friday.
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/ANDREW H NGUYEN/Primary Examiner, Art Unit 3741
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