DETAILED ACTION
This is in response to the Patent Application filed 7/31/2025 wherein claims 1-20 are presented for examination.
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The standard for determining whether the specification meets the enablement requirement was cast in the Supreme Court decision of Minerals Separation v. Hyde, 242 U.S. 261,270 (1916) which posed the question: is the experimentation needed to practice the invention undue or unreasonable? That standard is still the one to be applied. In re Wands, 858 F.2d 731,737 (Fed. Cir. 1988).
Determining enablement is a question of law based on underlying factual findings, in re Vaeck. 947, F.2d 488, 495 (Fed. Cir. 1991). The determination that “undue experimentation” would have been needed to make and/or use the claimed invention is not a single, simple factual determination. Rather it is a conclusion that may be reached by weighing some or all of the following non-exhaustive list of factual considerations: (A) the breadth of the claims; (B) the nature of the invention; (C) the state of the prior art; (D) the level of one of ordinary skill; (E) the level of predictability in the art; (F) the amount of direction provided by the inventor; (G) the existence of working examples; and (H) the quantity of experimentation needed to make or use the invention based on the content of the disclosure. Wands, 858 F.2d at 737.
Applicant claims “the base-end-side acoustic damper has a base-end-side space formed by a first area on the outer peripheral wall surface of the outer tube . . . wherein openings of the plurality of first acoustic holes on a side of the inner peripheral wall surface are present within the first area” (Claim 1, lines 26-29 and 35-37; Claim 9, lines 22-25 and 36-38; and Claim 17, lines 26-29 and 35-37 -emphasis added). The specification does not describe nor do the drawings show any details of any structural feature which would allow for an opening on a the inner peripheral wall surface to be located in an area that is on an outer peripheral wall surface.
Thus, the specification provides no direction or working examples (factual considerations F and G, above) with respect to how to achieve the arrangement required by the claims. It is further noticed that the environment is one of harsh fluidic conditions and large vibrational and thermal loads, and therefore, is largely unpredictable (factual consideration E, above). Therefore, based upon the disclosure of Applicant, one of ordinary skill in the art would not be able to make or use the invention without undue experimentation. The Examiner therefore concludes that the specification does not enable, in combination with the other limitations of the claims, how to make or use the claimed invention.
Claims 2-8, 10-16, and 18-20 are rejected for the same reasons discussed above based on their dependency to claims 1, 9, and 17.
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 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the outer peripheral wall surface" in line 29. It is unclear if the “outer peripheral wall surface” recited in line 29 is referring to the “outer peripheral wall surface of the inner tube” recited in lines 8-9, the “outer peripheral wall surface of the outer tube” recited in lines 11-12, or if it is referring to a different outer peripheral wall surface.
Claims 2-8 are rejected for the same reasons discussed above based on their dependency to claim 1.
Claim 9 recites the limitation "the outer peripheral wall surface" in line 25. It is unclear if the “outer peripheral wall surface” recited in line 25 is referring to the “outer peripheral wall surface of the inner tube” recited in lines 8-9, the “outer peripheral wall surface of the outer tube” recited in lines 11-12, or if it is referring to a different outer peripheral wall surface.
Claims 10-16 are rejected for the same reasons discussed above based on their dependency to claim 9.
Claim 17 recites the limitation "the outer peripheral wall surface" in line 29. It is unclear if the “outer peripheral wall surface” recited in line 29 is referring to the “outer peripheral wall surface of the inner tube” recited in lines 8-9, the “outer peripheral wall surface of the outer tube” recited in lines 11-12, or if it is referring to a different outer peripheral wall surface.
Claims 18-20 are rejected for the same reasons discussed above based on their dependency to claim 17.
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.
Claims 1-2, 8-10, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bethke et al. (EP 2383514 A1) in view of Kajimura et al. (US 2019/0113231).
Regarding Independent Claim 1, Bethke teaches (Figures 1-3) a combustor (7) comprising:
an inner tube (53) that forms a tubular shape (see Figures 2-3 and Paragraphs 0029-0030) and has an in-tube injection nozzle (55, 56) disposed on an inner peripheral side (the side of 53 facing inward; see Figures 2-3) of the inner tube (53), the in-tube injection nozzle (55, 56) being capable of injecting fuel (see Figures 2-3 and Paragraph 0030);
an outer tube (60) that forms a tubular shape (see Figures 2-3 and Paragraphs 0029-0030) and is disposed on a radial outer side (see Figures 2-3) with respect to a central axis (a central longitudinal axis through tube 53) of the inner tube (53) and spaced apart from an outer peripheral wall surface (a surface of 53 facing liner 60; see Figures 2-3) of the inner tube (53); and
a base-end-side acoustic damper (200) disposed within a gas turbine casing (the casing surrounding burner 7; see Figure 1) and provided on an outer peripheral wall surface (a surface of 150 facing away from channel 125; see Figure 3) of the outer tube (60),
wherein an annular air flow path (125) through which air flows (65) is formed between an inner peripheral wall surface (the surface of 150 facing tube 53; see Figures 2-3) of the outer tube (60) and only a portion of the outer peripheral wall surface (a surface of 53 facing liner 60; see Figures 2-3) of the inner tube (53) which is upstream of a tip of the in-tube injection nozzle (55, 56) when viewed in the flow direction of air (see Figures 2-3) flowing inside the inner tube (53), and such that the air (65) is guided to an end portion of the inner tube (53) located on an upstream side of the inner tube (53) so that air flows into the inside of the inner tube (within 53), and the air flowing through the annular air flow path (125) does not contain combustion gas generated by combustion of fuel (fuel from nozzles 55, 56 to combustion chamber 6; see Figures 2-3) injected from the in-tube injection nozzle (55, 56),
wherein the base-end-side acoustic damper (200) has a base-end-side space (the volume within 200, 201; see Figures 2-3) formed by a first area on the outer peripheral wall surface (the outer surface of 60, 150; see Figures 2-3) of the outer tube (60) and an acoustic cover (the wall of 200, 201; see Figures 2-3) provided on the outer peripheral wall surface (the surface of 150 facing away from 125; see Figures 2-3).
Bethke does not teach a plurality of first acoustic holes extending from the outer peripheral wall surface of the outer tube to the inner peripheral wall surface of the outer tube so as to communicate the annular air flow path with the base-end-side space, wherein openings of the plurality of first acoustic holes on a side of the inner peripheral wall surface are present within the first area.
Kajimura teaches (Figures 1-17) an acoustic damper (40) disposed within a gas turbine casing (13) and provided on an outer wall surface of a tube (24), wherein a plurality of first acoustic holes (34) extend from the outer peripheral wall surface (see Figures 3-4) of the tube (24) to the inner peripheral wall surface (see Figures 3-4) of the tube (24) so as to communicate the inner flow path (see Figures 3-4) with the space (37), wherein openings of the plurality of first acoustic holes (34) on a side of the inner peripheral wall surface (the inner surface of 24) are present within the first area (37).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke to include the acoustic damper having a plurality of first acoustic holes extending from the outer peripheral wall surface of the tube to the inner peripheral wall surface of the tube so as to communicate the flow path with the side space, wherein openings of the plurality of first acoustic holes on a side of the inner peripheral wall surface are present within the first area, as taught by Kajimura, in order to reduce vibrations and friction noise (Paragraph 0059 of Kajimura).
It is further noted that a simple substitution of one known element (in this case, the acoustic damper as taught by Bethke) for another (in this case, the acoustic damper as taught by Kajimura) to obtain predictable results (in this case, dampen vibrations and noise) was an obvious extension of prior art teachings, KSR, 550 U.S. at 415-421, 82 USPQ2d at 1396, MPEP 2141 III B.
Regarding Claim 2, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke further teaches (Figures 1-3) wherein an entirety of the base-end-side space (the volume within 200, 201) is present only on a radial outer side (see Figures 2-3) with respect to the annular air flow path (125).
Regarding Claim 8, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke further teaches (Figures 1-3) a gas turbine (1) comprising:
the combustor (7) according to claim 1 (discussed above);
a compressor (5) that compresses air and supplies compressed air (see Figure 1) to the combustor (7);
a turbine (8) driven by combustion gas (13) generated in the combustor (7); and
an intermediate casing (annotated below),
wherein the compressor (5) has a compressor rotor (annotated below) that rotates about a rotor axis (2), and a compressor casing (annotated below) that covers an outer peripheral side of the compressor rotor (annotated below),
wherein the turbine (8) is disposed on a second side (a downstream side; see Figure 1), among a first side (an upstream side; see Figure 1) and the second side (the downstream side), in a rotor axis (2) direction in which the rotor axis (2) extends (see Figure 1), and has a turbine rotor (annotated below) that rotates about the rotor axis (2), and a turbine casing (8) that covers an outer peripheral side of the turbine rotor (annotated below),
wherein the compressor rotor (annotated below) and the turbine rotor (annotated below) are connected to each other (see Figure 1) to form a gas turbine rotor (3),
wherein the intermediate casing (annotated below) is disposed between the compressor casing (annotated below) and the turbine casing (annotated below) in the rotor axis direction (along axis 2; see Figure 1), and forms a space (for air 65) into which compressed air that is air compressed by the compressor (5) flows (see flow arrows in Figure 1),
wherein the compressor casing (annotated below), the intermediate casing (annotated below), and the turbine casing (annotated below) are connected to each other to form the gas turbine casing (see Figure 1), and
the combustor (7) is attached to the intermediate casing (annotated below).
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Regarding Independent Claim 9, Bethke teaches (Figures 1-3) a combustor (7) comprising:
an inner tube (53) that forms a tubular shape (see Figures 2-3 and Paragraphs 0029-0030) and has an in-tube injection nozzle (55, 56) disposed on an inner peripheral side (the side of 53 facing inward; see Figures 2-3) of the inner tube (53), the in-tube injection nozzle (55, 56) being capable of injecting fuel (see Figures 2-3 and Paragraph 0030);
an outer tube (60) that forms a tubular shape (see Figures 2-3 and Paragraphs 0029-0030) and is disposed on a radial outer side (see Figures 2-3) with respect to a central axis (a central longitudinal axis through tube 53) of the inner tube (53) and spaced apart from an outer peripheral wall surface (a surface of 53 facing liner 60; see Figures 2-3) of the inner tube (53); and
a base-end-side acoustic damper (200) disposed within a gas turbine casing (the casing surrounding burner 7; see Figure 1) and provided on an outer peripheral wall surface (a surface of 150 facing away from channel 125; see Figure 3) of the outer tube (60),
wherein an annular air flow path (125) through which air flows (65) is formed between an inner peripheral wall surface (the surface of 150 facing tube 53; see Figures 2-3) of the outer tube (60) and the outer peripheral wall surface (a surface of 53 facing liner 60; see Figures 2-3) of the inner tube (53) such that the air (65) is guided to an inflow side end portion of the inner tube (53) so that air flows into the inside of the inner tube (within 53), and the air flowing through the annular air flow path (125) does not contain combustion gas generated by combustion of fuel (fuel from nozzles 55, 56 to combustion chamber 6; see Figures 2-3) injected from the in-tube injection nozzle (55, 56),
wherein the base-end-side acoustic damper (200) has a base-end-side space (the volume within 200, 201; see Figures 2-3) formed by a first area on the outer peripheral wall surface (the outer surface of 60, 150; see Figures 2-3) of the outer tube (60) and an acoustic cover (the wall of 200, 201; see Figures 2-3) provided on the outer peripheral wall surface (the surface of 150 facing away from 125; see Figures 2-3), wherein the base-end-side acoustic damper (200) is disposed on an upstream side (see Figures 2-3) of a position where the fuel injected from the in-tube injection nozzle (55, 56) combusts (at 6) when viewed in the flow direction of air flowing inside the inner tube (53; see Figures 2-3).
Bethke does not teach a plurality of first acoustic holes extending from the outer peripheral wall surface of the outer tube to the inner peripheral wall surface of the outer tube so as to communicate the annular air flow path with the base-end-side space, wherein openings of the plurality of first acoustic holes on a side of the inner peripheral wall surface are present within the first area.
Kajimura teaches (Figures 1-17) an acoustic damper (40) disposed within a gas turbine casing (13) and provided on an outer wall surface of a tube (24), wherein a plurality of first acoustic holes (34) extend from the outer peripheral wall surface (see Figures 3-4) of the tube (24) to the inner peripheral wall surface (see Figures 3-4) of the tube (24) so as to communicate the inner flow path (see Figures 3-4) with the space (37), wherein openings of the plurality of first acoustic holes (34) on a side of the inner peripheral wall surface (the inner surface of 24) are present within the first area (37).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke to include the acoustic damper having a plurality of first acoustic holes extending from the outer peripheral wall surface of the tube to the inner peripheral wall surface of the tube so as to communicate the flow path with the side space, wherein openings of the plurality of first acoustic holes on a side of the inner peripheral wall surface are present within the first area, as taught by Kajimura, in order to reduce vibrations and friction noise (Paragraph 0059 of Kajimura).
It is further noted that a simple substitution of one known element (in this case, the acoustic damper as taught by Bethke) for another (in this case, the acoustic damper as taught by Kajimura) to obtain predictable results (in this case, dampen vibrations and noise) was an obvious extension of prior art teachings, KSR, 550 U.S. at 415-421, 82 USPQ2d at 1396, MPEP 2141 III B.
Regarding Claim 10, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke further teaches (Figures 1-3) wherein an entirety of the base-end-side space (the volume within 200, 201) is present only on a radial outer side (see Figures 2-3) with respect to the annular air flow path (125).
Regarding Claim 16, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke further teaches (Figures 1-3) a gas turbine (1) comprising:
the combustor (7) according to claim 9 (discussed above);
a compressor (5) that compresses air and supplies compressed air (see Figure 1) to the combustor (7);
a turbine (8) driven by combustion gas (13) generated in the combustor (7); and
an intermediate casing (annotated above),
wherein the compressor (5) has a compressor rotor (annotated above) that rotates about a rotor axis (2), and a compressor casing (annotated above) that covers an outer peripheral side of the compressor rotor (annotated above),
wherein the turbine (8) is disposed on a second side (a downstream side; see Figure 1), among a first side (an upstream side; see Figure 1) and the second side (the downstream side), in a rotor axis (2) direction in which the rotor axis (2) extends (see Figure 1), and has a turbine rotor (annotated below) that rotates about the rotor axis (2), and a turbine casing (8) that covers an outer peripheral side of the turbine rotor (annotated above),
wherein the compressor rotor (annotated above) and the turbine rotor (annotated above) are connected to each other (see Figure 1) to form a gas turbine rotor (3),
wherein the intermediate casing (annotated above) is disposed between the compressor casing (annotated above) and the turbine casing (annotated above) in the rotor axis direction (along axis 2; see Figure 1), and forms a space (for air 65) into which compressed air that is air compressed by the compressor (5) flows (see flow arrows in Figure 1),
wherein the compressor casing (annotated above), the intermediate casing (annotated above), and the turbine casing (annotated above) are connected to each other to form the gas turbine casing (see Figure 1), and
the combustor (7) is attached to the intermediate casing (annotated above).
Regarding Independent Claim 17, Bethke teaches (Figures 1-3) a combustor (7) comprising:
an inner tube (53) that forms a tubular shape (see Figures 2-3 and Paragraphs 0029-0030) and has an in-tube injection nozzle (55, 56) disposed on an inner peripheral side (the side of 53 facing inward; see Figures 2-3) of the inner tube (53), the in-tube injection nozzle (55, 56) being capable of injecting fuel (see Figures 2-3 and Paragraph 0030);
an outer tube (60) that forms a tubular shape (see Figures 2-3 and Paragraphs 0029-0030) and is disposed on a radial outer side (see Figures 2-3) with respect to a central axis (a central longitudinal axis through tube 53) of the inner tube (53) and spaced apart from an outer peripheral wall surface (a surface of 53 facing liner 60; see Figures 2-3) of the inner tube (53); and
a base-end-side acoustic damper (200) disposed within a gas turbine casing (the casing surrounding burner 7; see Figure 1) and provided on an outer peripheral wall surface (a surface of 150 facing away from channel 125; see Figure 3) of the outer tube (60),
wherein an annular air flow path (125) through which air flows (65) is formed between an inner peripheral wall surface (the surface of 150 facing tube 53; see Figures 2-3) of the outer tube (60) and the outer peripheral wall surface (a surface of 53 facing liner 60; see Figures 2-3) of the inner tube (53), an air inlet of the annular air flow path (at 57) being upstream of a tip of the in-tube injection nozzle (55, 56; see Figures 2-3) when viewed in the flow direction of air flowing inside the inner tube (53), the annular air flow path (125) being formed such that the air is guided to an end portion (at the upstream end of 53; see Figures 2-3) of the inner tube (53) so that air flows into the inside of the inner tube (53), and the air flowing through the annular air flow path (125) does not contain combustion gas generated by combustion of fuel (fuel from nozzles 55, 56 to combustion chamber 6; see Figures 2-3) injected from the in-tube injection nozzle (55, 56),
wherein the base-end-side acoustic damper (200) has a base-end-side space (the volume within 200, 201; see Figures 2-3) formed by a first area on the outer peripheral wall surface (the outer surface of 60, 150; see Figures 2-3) of the outer tube (60) and an acoustic cover (the wall of 200, 201; see Figures 2-3) provided on the outer peripheral wall surface (the surface of 150 facing away from 125; see Figures 2-3).
Bethke does not teach a plurality of first acoustic holes extending from the outer peripheral wall surface of the outer tube to the inner peripheral wall surface of the outer tube so as to communicate the annular air flow path with the base-end-side space, wherein openings of the plurality of first acoustic holes on a side of the inner peripheral wall surface are present within the first area.
Kajimura teaches (Figures 1-17) an acoustic damper (40) disposed within a gas turbine casing (13) and provided on an outer wall surface of a tube (24), wherein a plurality of first acoustic holes (34) extend from the outer peripheral wall surface (see Figures 3-4) of the tube (24) to the inner peripheral wall surface (see Figures 3-4) of the tube (24) so as to communicate the inner flow path (see Figures 3-4) with the space (37), wherein openings of the plurality of first acoustic holes (34) on a side of the inner peripheral wall surface (the inner surface of 24) are present within the first area (37).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke to include the acoustic damper having a plurality of first acoustic holes extending from the outer peripheral wall surface of the tube to the inner peripheral wall surface of the tube so as to communicate the flow path with the side space, wherein openings of the plurality of first acoustic holes on a side of the inner peripheral wall surface are present within the first area, as taught by Kajimura, in order to reduce vibrations and friction noise (Paragraph 0059 of Kajimura).
It is further noted that a simple substitution of one known element (in this case, the acoustic damper as taught by Bethke) for another (in this case, the acoustic damper as taught by Kajimura) to obtain predictable results (in this case, dampen vibrations and noise) was an obvious extension of prior art teachings, KSR, 550 U.S. at 415-421, 82 USPQ2d at 1396, MPEP 2141 III B.
Claims 3, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bethke et al. (EP 2383514 A1) in view of Kajimura et al. (US 2019/0113231) and Bulat (US 2012/0228050).
Regarding Claims 3, 11, and 18, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke further teaches (Figures 1-3) a transition piece (52) that forms a tubular shape (see Figures 2-3 and Paragraphs 0029-0030), is connected to the inner tube (53), and allows the fuel injected from the in-tube injection nozzle (55, 56) to be combusted on an inner peripheral side (a side facing 6) of the transition piece (52). Behtke in view of Kajimura does not teach, as discussed so far, a tip-side acoustic damper having a transition piece forming part which is a part of a wall forming the transition piece, and an acoustic cover forming a tip-side space on an outer peripheral side of the transition piece in cooperation with the transition piece forming part, wherein the transition piece forming part is provided with a plurality of second acoustic holes penetrating into the tip-side space from the inner peripheral side of the transition piece.
Bulat teaches (Figures 1-6) a tip-side acoustic damper (100) having a transition piece forming part (at the inner portion of 102) which is a part of a wall (114) forming the transition piece (114), and an acoustic cover (the outer wall of 100) forming a tip-side space (101) on an outer peripheral side (see Figure 1) of the transition piece (114) in cooperation with the transition piece forming part (at the inner portion of 102).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Behtke in view of Kajimura to have a tip-side acoustic damper having a transition piece forming part which is a part of a wall forming the transition piece, and an acoustic cover forming a tip-side space on an outer peripheral side of the transition piece in cooperation with the transition piece forming part, as taught by Bulat, in order to absorb the acoustical waves that may be produced by the combustion process inside the combustion chamber (Paragraph 0070 of Bulat). Behtke in view of Kajimura and Bulat does not teach, as discussed so far, wherein the transition piece forming part is provided with a plurality of second acoustic holes penetrating into the tip-side space from the inner peripheral side of the transition piece.
Kajimura teaches (Figures 1-17) an acoustic damper (40) having a transition piece forming part (30, 29 located directly below damping space 37; see Figures 3-4) that is provided with a plurality of acoustic holes (34) penetrating into the tip-side space (37) from the inner peripheral side of the transition piece (see Figures 3-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Behtke in view of Kajimura and Bulat to have the transition piece forming part be provided with a plurality of second acoustic holes penetrating into the tip-side space from the inner peripheral side of the transition piece, as taught by Kajimura, in order to reduce vibrations and friction noise (Paragraph 0059 of Kajimura).
It is further noted that a simple substitution of one known element (in this case, the acoustic damper as taught by Bulat) for another (in this case, the acoustic damper as taught by Kajimura) to obtain predictable results (in this case, dampen vibrations and noise) was an obvious extension of prior art teachings, KSR, 550 U.S. at 415-421, 82 USPQ2d at 1396, MPEP 2141 III B.
Claims 4-5, 12-13, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bethke et al. (EP 2383514 A1) in view of Kajimura et al. (US 2019/0113231) and Roh et al. (US 2020/0025381).
Regarding Claims 4, 12, and 19, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke in view of Kajimura does not teach, as discussed so far, wherein an area of a hole forming region of the inner peripheral wall surface of the outer tube in which the plurality of first acoustic holes are formed is larger than an area of a hole forming region of an inner peripheral wall surface of the transition piece in which the plurality of second acoustic holes are formed.
Roh teaches (Figures 1-10) an attenuated vibration frequency is proportional to the opening areas of the holes and is inversely proportional to the volume of the resonance space and the depth of the hole. Hence, the attenuated vibration frequency may be set by adjusting the opening area and the volume of the resonance space 1430 (see Paragraph 00062 of Roh). Therefore, the areas of the hole forming regions are recognized as result-effective variables, i.e. variables which achieve a recognized result. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977); MPEP 2144.05(II)(B). In this case, the recognized result is that increasing/decreasing the areas of the holes leads to increasing/decreasing the vibration frequency to be attenuated.
Therefore, since the general conditions of the claim, i.e. that the areas of the hole forming areas can be optimized to attenuate desired frequencies, were disclosed in the prior art by Roh, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the size of the hole areas as taught by Roh in order to adjust the vibration frequencies to be attenuated. It has been held that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); MPEP 2144.05(II)(A).
Regarding Claim 5, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke in view of Kajimura does not teach, as discussed so far, a flow path injection nozzle configured to inject fuel into the air flowing from the end portion of the inner tube located on the upstream side of the inner tube into the inner tube.
Roh teaches (Figures 1-10) a flow path injection nozzle (1265) configured to inject fuel (see Paragraph 0047) into the air (1257) flowing from the end portion (see Figure 3) of the inner tube (1232) located on the upstream side (see Figures 2-3) of the inner tube (1251) into the inner tube (1251).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke in view of Kajimura to have a flow path injection nozzle configured to inject fuel into the air flowing from the end portion of the inner tube located on the upstream side of the inner tube into the inner tube, as taught by Roh, in order to mix fuel with compressed air supplied from the compressor in advance of the nozzles (Paragraphs 0005, 0039, 0047 of Roh).
Regarding Claim 13, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke in view of Kajimura does not teach, as discussed so far, further comprising a flow path injection nozzle configured to inject fuel into the air flowing from the air inflow side end portion of the inner tube into the inner tube.
Roh teaches (Figures 1-10) a flow path injection nozzle (1265) configured to inject fuel (see Paragraph 0047) into the air (1257) flowing from the air inflow side end portion (see Figure 3) of the inner tube (1232) into the inner tube (1251).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke in view of Kajimura to have a flow path injection nozzle configured to inject fuel into the air flowing from the air inflow side end portion of the inner tube into the inner tube, as taught by Roh, in order to mix fuel with compressed air supplied from the compressor in advance of the nozzles (Paragraphs 0005, 0039, 0047 of Roh).
Claims 5-7 and 13-15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bethke et al. (EP 2383514 A1) in view of Kajimura et al. (US 2019/0113231) and Sometani et al. (US 2013/0139511).
Regarding Claim 5, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke in view of Kajimura does not teach, as discussed so far, a flow path injection nozzle configured to inject fuel into the air flowing from the end portion of the inner tube located on the upstream side of the inner tube into the inner tube.
Sometani teaches (Figures 1-14) a flow path injection nozzle (42) configured to inject fuel (see Paragraph 0083) into the air (30) flowing from the end portion (see Figure 5) of the inner tube (32) located on the upstream side (see Figure 5) of the inner tube (32) into the inner tube (32).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke in view of Kajimura to have a flow path injection nozzle configured to inject fuel into the air flowing from the end portion of the inner tube located on the upstream side of the inner tube into the inner tube, as taught by Sometani, in order to suppress the combustion oscillation of a wide range of frequencies while maintaining low NOx emission (Paragraph 0015 of Sometani).
Regarding Claim 6, Bethke in view of Kajimura and Sometani teaches the invention as claimed and as discussed above. Bethke teaches (Figures 1-3) wherein the base-end-side acoustic damper (200) is upstream of a cap upper side (170) with respect to a flow direction of the air (65) flowing inside the annular air flow path (125). Bethke in view of Kajimura and Sometani does not teach, as discussed so far, wherein the flow path injection nozzle is disposed downstream of the base-end-side acoustic damper with respect to a flow direction of the air flowing inside the annular air flow path.
Sometani teaches (Figures 1-14) wherein the flow path injection nozzle (42) is disposed on the lid member (34b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke in view of Kajimura and Sometani to have the flow path injection nozzle disposed on the lid member, as taught by Sometani, for the reasons discussed above in claim 5 such that the damper of Bethke is located on the combustor at a position that is upstream of where Sometani’s flow path injection nozzle is located on the combustor.
In addition, it has been held that merely rearranging parts of an invention involves only routine skill in the art - MPEP 2144.04 (VI-C).
Regarding Claim 7, Bethke in view of Kajimura and Sometani teaches the invention as claimed and as discussed above. Bethke in view of Kajimura and Sometani does not teach, as discussed so far, wherein the flow path injection nozzle is disposed downstream of the end portion of the inner tube with respect to a flow direction of the air flowing inside the annular air flow path.
Sometani teaches (Figures 1-14) wherein the flow path injection nozzle (42) is disposed downstream of the end portion (at 39) of the inner tube (32) with respect to a flow direction of the air flowing inside the annular air flow path (at 30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke in view of Kajimura and Sometani to have wherein the flow path injection nozzle is disposed downstream of the end portion of the inner tube with respect to a flow direction of the air flowing inside the annular air flow path, as taught by Sometani, for the same reasons discussed above in claim 5.
Regarding Claim 13, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke in view of Kajimura does not teach, as discussed so far, further comprising a flow path injection nozzle configured to inject fuel into the air flowing from the air inflow side end portion of the inner tube into the inner tube.
Sometani teaches (Figures 1-14) a flow path injection nozzle (42) configured to inject fuel (see Paragraph 0083) into the air (30) flowing from the air inflow side end portion (see Figure 5) of the inner tube (32) into the inner tube (32).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke in view of Kajimura to have a flow path injection nozzle configured to inject fuel into the air flowing from the air inflow side end portion of the inner tube into the inner tube, as taught by Sometani, in order to suppress the combustion oscillation of a wide range of frequencies while maintaining low NOx emission (Paragraph 0015 of Sometani).
Regarding Claim 14, Bethke in view of Kajimura and Sometani teaches the invention as claimed and as discussed above. Bethke teaches (Figures 1-3) wherein the base-end-side acoustic damper (200) is upstream of a cap upper side (170) with respect to a flow direction of the air (65) flowing inside the annular air flow path (125). Bethke in view of Kajimura and Sometani does not teach, as discussed so far, wherein the flow path injection nozzle is disposed downstream of the base-end-side acoustic damper with respect to a flow direction of the air flowing inside the annular air flow path.
Sometani teaches (Figures 1-14) wherein the flow path injection nozzle (42) is disposed on the lid member (34b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke in view of Kajimura and Sometani to have the flow path injection nozzle disposed on the lid member, as taught by Sometani, for the reasons discussed above in claim 13 such that the damper of Bethke is located on the combustor at a position that is upstream of where Sometani’s flow path injection nozzle is located on the combustor.
In addition, it has been held that merely rearranging parts of an invention involves only routine skill in the art - MPEP 2144.04 (VI-C).
Regarding Claim 15, Bethke in view of Kajimura and Sometani teaches the invention as claimed and as discussed above. Bethke in view of Kajimura and Sometani does not teach, as discussed so far, wherein the flow path injection nozzle is disposed downstream of the end portion of the inner tube with respect to a flow direction of the air flowing inside the annular air flow path.
Sometani teaches (Figures 1-14) wherein the flow path injection nozzle (42) is disposed downstream of the air inflow side end portion (at 39) of the inner tube (32) with respect to a flow direction of the air flowing inside the annular air flow path (at 30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke in view of Kajimura and Sometani to have wherein the flow path injection nozzle is disposed downstream of the end portion of the inner tube with respect to a flow direction of the air flowing inside the annular air flow path, as taught by Sometani, for the same reasons discussed above in claim 13.
Regarding Claim 20, Bethke in view of Kajimura teaches the invention as claimed and as discussed above. Bethke teaches (Figures 1-3) wherein the base-end-side acoustic damper (200) is upstream of a cap upper side (170) with respect to a flow direction of the air (65) flowing inside the annular air flow path (125). Bethke in view of Kajimura does not teach, as discussed so far, a flow path injection nozzle configured to inject fuel into the air flowing from the end portion of the inner tube located on the upstream side of the inner tube into the inner tube, wherein the flow path injection nozzle is disposed downstream of the base-end-side acoustic damper with respect to a flow direction of the air flowing inside the annular air flow path.
Sometani teaches (Figures 1-14) a flow path injection nozzle (42) configured to inject fuel (see Paragraph 0083) into the air (30) flowing from the end portion (see Figure 5) of the inner tube (32) located on the upstream side (see Figure 5) of the inner tube (32) into the inner tube (32). Sometani further teaches (Figures 1-14) wherein the flow path injection nozzle (42) is disposed on the lid member (34b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bethke in view of Kajimura to have a flow path injection nozzle configured to inject fuel into the air flowing from the end portion of the inner tube located on the upstream side of the inner tube into the inner tube and to have the flow path injection nozzle disposed on the lid member, as taught by Sometani, in order to suppress the combustion oscillation of a wide range of frequencies while maintaining low NOx emission (Paragraph 0015 of Sometani) such that the damper of Bethke is located on the combustor at a position that is upstream of where Sometani’s flow path injection nozzle is located on the combustor.
In addition, it has been held that merely rearranging parts of an invention involves only routine skill in the art - MPEP 2144.04 (VI-C).
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/THOMAS P BURKE/Primary Examiner, Art Unit 3741
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