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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed applications, Application Nos. 17/978,629 and 18/481,515, fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The prior-filed applications fail to disclose a high-speed shaft rating. Accordingly, claims 1-20 are not entitled to the benefit of the prior application.
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 1-19 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 “HST” in line 21. It is unclear what this acronym represents. Clarification is required.
Claim 5 recites “AEX is an area of the exit stage of the high-pressure compressor”. It is not clear if this is the same area described as “a high-pressure compressor exit area (AHPCExit) in square inches” recited in base claim 1 or a different area. Clarification is required.
Claims dependent thereon inherit the deficiencies of the respective base claim.
Terminal Disclaimer
The terminal disclaimer filed on 3/18/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent Nos. 12,410,753; 12,078,107; 12/428,992; 12,503,980 and Application Nos. 19/033,042; 19/045,124; 19/045,134; 19/045,152; 19/045,244; 19/055,619; 19/055,637; 19/055,645; 19/055,668; 19/055,734; 19/069,982; 19/070,161; 19/083,161; 19/194,584; 19/210,793; 19/210,808; 19/221,722; 19/221,742; 19/221,777; 19/235,801; 19/235,827; 19/235,903; 19/250,221; 19/250,310; 19/254,227; 19/265,709; 19/265,747; 19/265,761; 19/279,541; 19/279,574; 19/279,587; 19/293,588; 19/293,636; 19/305,850; 19/305,856; 19/305,970; 19/333,727; 19/333,833; 19/348,974 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Examiner’s Note
In the interview on June 1, 2026 the Examiner proposed amending claim 1 to define HST as a high-speed shaft temperature variable or a high-speed shaft temperature value or something similar and amending claim 5, line 4 from “AEX is an area of the exit stage of the high-pressure compressor” to “AEX is equal to AHPCExit”.
Response to Arguments
Applicant's arguments filed 3/18/2026 have been fully considered but they are not persuasive. Applicant has not amended or made any specific arguments regarding the two remaining 112(b) rejections described above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katheryn Malatek whose telephone number is (571)272-5689. The examiner can normally be reached Monday - Thursday, 9 am - 6 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devon Kramer can be reached at (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHERYN A MALATEK/ Primary Examiner, Art Unit 3741
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