DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 11-15 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/3/2025.
Applicant’s election without traverse of Group 1 claims 1-10 and 16 in the reply filed on 11/3/2025 is acknowledged.
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 1, 7-10 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 16 of U.S. Patent No. 12371999. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application
U.S. Patent No. 12371999
Claim 1: An integrally bladed disk, comprising: a disk having an outer radial hub, the disk configured for rotation around a rotational axis; a plurality of rotor blades, each having an airfoil, the airfoil extending chordwise between a leading edge and a trailing edge, and extending spanwise between a base end and a blade tip; wherein each said rotor blade includes: a damper pocket extending into the airfoil from the base end, the damper pocket having a first tapered configuration;
a damper body disposed within the damper pocket,
wherein the damper body has a second tapered configuration,
wherein the second tapered configuration of the damper body mates with the first tapered configuration of the damper pocket; and
a plug disposed to retain the damper body within the damper pocket;
wherein the first tapered configuration of the damper pocket (DP) includes a DP top side surface and a single DP side surface that extends circumferentially and extends spanwise from the base end to the DP top side surface, and converges in a direction from the base end to the DP top side surface; and
wherein the second tapered configuration of the damper body (DB) includes a DB top side surface, a DB bottom side surface, and a single DB side surface that extends circumferentially and extends between the DB bottom side surface to the DB top side surface, and converges in a direction from the DB bottom side surface to the DB top side surface.
Claim 1: An integrally bladed disk, comprising: a disk having an outer radial hub, the disk configured for rotation around a rotational axis; a plurality of rotor blades, each having an airfoil, the airfoil extending chordwise between a leading edge and a trailing edge, and extending spanwise between a base end and a blade tip; wherein each said rotor blade includes: a damper pocket (DP) extending into the airfoil from the base end, the damper pocket having a first tapered configuration,
a damper body (DB)disposed within the damper pocket,
wherein the damper body has a second tapered configuration,
wherein the second tapered configuration of the damper body mates with the first tapered configuration of the damper pocket,
a plug disposed to retain the damper body within the damper pocket;
the first tapered configuration including a first DP side surface and a second DP side surface, the damper pocket including a DP top end surface that extends between the first DP side surface and the second DP side surface, and the first DP side surface and the second DP side surface converge toward one another;
the second tapered configuration including a first DB side surface and a second DB side surface, and the first DB side surface and the second DB side surface converge toward one another;
wherein each said rotor blade is affixed to a surface of the outer radial hub of the disk at the weld collar;
Claim 7: wherein each said rotor blade includes a weld collar affixed to the base end of the airfoil, and the weld collar includes a weld collar aperture that is aligned with the damper pocket and configured to receive the damper body.
Claim 1: a weld collar affixed to the base end of the airfoil, and the weld collar includes a weld collar aperture that is aligned with the damper pocket and configured to receive the damper body;
Claim 8: wherein the plug for each said rotor blade is affixed to the weld collar.
Claim 3: wherein the plug for each said rotor blade is affixed to the weld collar.
Claim 9: wherein each said rotor blade is affixed to the outer radial hub of the disk at the weld collar.
Claim 1: wherein each said rotor blade is affixed to a surface of the outer radial hub of the disk at the weld collar;
Claim 10: wherein the damper body comprises a shape memory alloy.
Claim 16: wherein the damper body comprises a shape memory alloy.
Claim 16: An integrally bladed disk, comprising: a disk having an outer radial hub extending circumferentially about a rotational axis; and a plurality of rotor blades, each of the plurality of rotor blades having an airfoil, the airfoil extending chordwise between a leading edge and a trailing edge, the airfoil extending spanwise between a base end and a blade tip, and each of the plurality of rotor blades comprising a damper pocket extending into the airfoil from the base end, the damper pocket provided with a first tapered configuration;
a damper body disposed within the damper pocket,
the damper body provided with a second tapered configuration,
wherein the second tapered configuration of the damper body mates with the first tapered configuration of the damper pocket; and
a plug securing the damper body within the damper pocket;
wherein the first tapered configuration of the damper pocket (DP) includes a DP top side surface and a single DP side surface that extends circumferentially and extends spanwise from the base end to the DP top side surface, and converges in a direction from the base end to the DP top side surface; and
wherein the second tapered configuration of the damper body (DB) includes a DB top side surface, a DB bottom side surface, and a single DB side surface that extends circumferentially and extends between the DB bottom side surface to the DB top side surface, and converges in a direction from the DB bottom side surface to the DB top side surface.
Claim 1: An integrally bladed disk, comprising: a disk having an outer radial hub, the disk configured for rotation around a rotational axis; a plurality of rotor blades, each having an airfoil, the airfoil extending chordwise between a leading edge and a trailing edge, and extending spanwise between a base end and a blade tip; wherein each said rotor blade includes: a damper pocket (DP) extending into the airfoil from the base end, the damper pocket having a first tapered configuration,
a damper body (DB)disposed within the damper pocket,
wherein the damper body has a second tapered configuration,
wherein the second tapered configuration of the damper body mates with the first tapered configuration of the damper pocket,
a plug disposed to retain the damper body within the damper pocket;
the first tapered configuration including a first DP side surface and a second DP side surface, the damper pocket including a DP top end surface that extends between the first DP side surface and the second DP side surface, and the first DP side surface and the second DP side surface converge toward one another;
the second tapered configuration including a first DB side surface and a second DB side surface, and the first DB side surface and the second DB side surface converge toward one another;
wherein each said rotor blade is affixed to a surface of the outer radial hub of the disk at the weld collar;
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 7-9, 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heymann US 2984453.
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Fig 1 and Fig 2 of Heymann US 2984453
Regarding claim 1, Heymann discloses:
a disk (Fig 1: Rotor; where blade 14 is attached) having an outer radial hub (Outer part of the rotor; where the blade 14 is attached), the disk configured for rotation around a rotational axis (Col 1, line 58-61: Axis of rotation for the rotor);
a plurality of rotor blades (11), each having an airfoil (12 that extends into the flow), the airfoil extending chordwise between a leading edge (Fig 5: left edge of the blade) and a trailing edge (Right edge of the blade), and extending spanwise between a base end (Fig 2: Bottom end that is extending into the flow; as seen in the clip below) and a blade tip (Top of the blade opposite to the base end; as seen in the clip below); wherein each said rotor blade includes:
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a damper pocket (18) extending into the airfoil from the base end (18 extends through 12 from the base of the airfoil), the damper pocket having a first tapered configuration (Col 2, line 5-6: 18 has a taper; as seen in the clip below; a box surrounding 18 shows that the cavity has less width towards the tip end compared to the base end of the pocket);
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a damper body (19) disposed within the damper pocket (19 within 18),
wherein the damper body has a second tapered configuration (Col 2, line 5-6: 19 has a taper; as seen in the clip above; a box surrounding 19 shows that the cavity has less width towards the tip end compared to the base end of the pocket),
wherein the second tapered configuration of the damper body mates with the first tapered configuration of the damper pocket (Col 2, line 2-8 Rod is placed within cavity tightly);
a plug (21) disposed to retain the damper body within the damper pocket (Col 2, line 16-18);
wherein the first tapered configuration of the damper pocket (DP) includes a DP top side surface and a single DP side surface that extends circumferentially and extends spanwise from the base end to the DP top side surface (Fig 4: side surface is a round body), and converges in a direction from the base end to the DP top side surface (Fig 2: side surfaces converge toward one another; as seen in the clip below); and
wherein the second tapered configuration of the damper body (DB) includes a DB top side surface, a DB bottom side surface, and a single DB side surface that extends circumferentially and extends between the DB bottom side surface to the DB top side surface (Fig 4: side surface is a round body), and converges in a direction from the DB bottom side surface to the DB top side surface (Fig 2:side surfaces converge toward one another; as seen in the clip below).
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Regarding claim 2, Heymann discloses:
wherein the first tapered configuration of the damper pocket is a first truncated cone, and the second tapered configuration of the damper body is a second truncated cone, and the damper pocket and the damper body are disposable in an engaged configuration wherein the single DB side surface is in contact with the single DP side surface (Fig 4: side surface is a round body forming a cone of the damper pocket and damper body).
Regarding claim 7, Heymann discloses:
wherein each said rotor blade includes a weld collar (Fig 2: 14 which is essentially the weld collar of the plug 21; as seen in the figure in the rejection of claim 1) affixed to the base end of the airfoil, and
the weld collar includes a weld collar aperture (Hole within 14 that holds 21) that is aligned with the damper pocket and configured to receive the damper body (Hole is aligned with 18 and receives 19).
Regarding claim 8, Heymann discloses:
wherein the plug for each said rotor blade is affixed to the weld collar (Fig 2: 21 is welded to 14).
Regarding claim 9, Heymann discloses:
wherein each said rotor blade is affixed to the outer radial hub of the disk at the weld collar (Fig 1: 11 is fixed to the outer part of the rotor at 14).
Regarding claim 16, Heymann discloses:
a disk (Fig 1: Rotor; where blade 14 is attached) having an outer radial hub (Outer part of the rotor; where the blade 14 is attached) extending circumferentially about a rotational axis(Col 1, line 58-61: Axis of rotation for the rotor);
a plurality of rotor blades (11), each having an airfoil (12 that extends into the flow), the airfoil extending chordwise between a leading edge (Fig 5: left edge of the blade) and a trailing edge (Right edge of the blade), and extending spanwise between a base end (Fig 2: Bottom end that is extending into the flow; as seen in the clip below) and a blade tip (Top of the blade opposite to the base end; as seen in the clip below)
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and each of the plurality of rotor blades comprising a damper pocket (18) extending into the airfoil from the base end (18 extends through 12 from the base of the airfoil), the damper pocket having a first tapered configuration (Col 2, line 5-6: 18 has a taper; as seen in the clip below; a box surrounding 18 shows that the cavity has less width towards the tip end compared to the base end of the pocket);
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a damper body (19) disposed within the damper pocket (19 within 18),
wherein the damper body has a second tapered configuration (Col 2, line 5-6: 19 has a taper; as seen in the clip above; a box surrounding 19 shows that the cavity has less width towards the tip end compared to the base end of the pocket),
wherein the second tapered configuration of the damper body mates with the first tapered configuration of the damper pocket (Col 2, line 2-8 Rod is placed within cavity tightly);
a plug (21) disposed to retain the damper body within the damper pocket (Col 2, line 16-18);
wherein the first tapered configuration of the damper pocket (DP) includes a DP top side surface and a single DP side surface that extends circumferentially and extends spanwise from the base end to the DP top side surface (Fig 4: side surface is a round body), and converges in a direction from the base end to the DP top side surface (Fig 2: side surfaces converge toward one another; as seen in the clip below); and
wherein the second tapered configuration of the damper body (DB) includes a DB top side surface, a DB bottom side surface, and a single DB side surface that extends circumferentially and extends between the DB bottom side surface to the DB top side surface (Fig 4: side surface is a round body), and converges in a direction from the DB bottom side surface to the DB top side surface (Fig 2:side surfaces converge toward one another; as seen in the clip below).
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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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Heymann US 2984453 in view of Husband et al. US 11136888.
Regarding claim 10 Heymann discloses all of the above limitations. However, Heymann is silent as to:
wherein the damper body comprises a shape memory alloy.
From the same field of endeavor, Husband teaches:
a damper body (Fig 26: 487),
wherein the damper body comprises a shape memory alloy (Col 14, line 4-6: 487 is made from a shape memory alloy).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Heymann’s damper rod to be made of a shape memory alloy as taught by Husband to provide a material that deforms in response to temperature and/or stress changes within the component (Col 14, line 4-6).
Allowable Subject Matter
Claims 3-6 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.
Claim 3 recites “wherein in the engaged configuration, the DB top side surface is spaced apart from the DP top side surface” and is considered allowable subject matter. Heymann US 2984453 is the closest prior art but does not teach the spaced apart damper pocket top surface and damper body top surface. The examiner then looks to Paget US 1833754 for the modification. However, it teaches away the space between the top of the damper pocket and damper body due to Paget disclosing a rod which is placed within an oversized hole to be free to move laterally in all direction. Thus, a skilled practitioner would not seek to modify Paget's rod to contact a damper pocket side surface because doing so would cause worse damping due to a decreased number of lateral impacts. The space above the top of the damper body of applicants was not found in the prior art search.
Claim 4-6 depends off of claim 3 therefore contains the allowable subject matter form claim 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chakrabarti et al. US 11371358 discloses a cone like shaped damper pocket and body similar to applicants. Clark et al. US 20080025845 and Norris et al. US 6669447 discloses a similar converging damper pocket and body to applicants.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew J Marien whose telephone number is (469)295-9159. The examiner can normally be reached 9:00 am- 6:00 pm CST, Monday through Friday.
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/Andrew J Marien/Primary Examiner, Art Unit 3745