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
Applicant's election with traverse of Species 4 in the reply filed on 12/15/2025 is acknowledged. The traversal is on the ground(s) that there is not a serious burden in examining all of the designated species together. This is not found persuasive because there is an examination and search burden for these patentably distinct species due to their mutually exclusive characteristics as outlined in the restriction requirement. For example, the prior art applicable to one species would not likely be applicable to another species, which creates a serious search and examination burden because additional rejections and prior art would be required to encompass all of the mutually characteristics of the disclosure.
The restriction/election requirement is therefore deemed proper and is made FINAL. Claims 1-20 are examined.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Objections
Claims 4-5 and 9 are objected to because of the following informalities:
Claim 4, line 2, change: “blades has [[a]] the corresponding leading edge, [[a]] the corresponding trailing edge,…”
Claim 5, line 2, change: “has [[a]] the corresponding leading edge, [[a]] the corresponding trailing edge,…”
Claim 9, line 5, change: “the stream of fluid…”
Appropriate correction is required.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 9, and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4, 12, and 13, respectively, of U.S. Patent No. 12,409,945.
Although the claims are not identical, they are not patentably distinct from one another. The present application (19/322,378) claims are broader in at least one aspect and do not recite additional features claimed U.S. Patent No. 12,409,945 claims.
For claim 1:
Regarding the broadening aspect of the present application claims, the following comparison between the present application claims and the patented application claims highlights (see underlined features in the patented application claims) what elements have been excluded in the presentation of the present application claims.
U.S. Patent No. 12,409,945 claim 4
Present application 19/322,378 claim 1
A turbine wheel, comprising:
an inner hub having a central axis, an outer ring concentric with the inner hub, and an intermediate ring concentrically disposed between the inner hub and the outer ring,
a plurality of turbine blades extending between the intermediate ring and the outer ring;
the turbine blades being oriented to be driven by a stream of fluid flowing through the turbine wheel to rotate the turbine wheel in a first direction about the central axis; and
a plurality of compressor blades extending between the inner hub and the intermediate ring, each compressor blade including a leading edge and a trailing edge;
the compressor blades being oriented to propel the stream of fluid in a direction downstream of the trailing edges of the compressor blades and axially with respect to the central axis when the turbine wheel is rotated in the first direction,
wherein the turbine wheel has an inlet side and an outlet side; wherein the turbine blades have an airfoil cross-sectional shape including a suction side and a pressure side; and wherein the turbine blades are angled with the suction side of the airfoil cross-sectional shape being tilted downstream toward the outlet side of the turbine wheel and the pressure side of the airfoil cross-sectional shape being tilted upstream toward the inlet side of the turbine wheel,
wherein the compressor blades have an airfoil cross-sectional shape including a suction side and a pressure side; and wherein the compressor blades are angled with the pressure side of the airfoil cross-sectional shape being tilted downstream toward the outlet side of the turbine wheel and the suction side of the airfoil cross-sectional shape being tilted upstream toward the inlet side of the turbine wheel,
wherein the turbine blades and the compressor blades are angled such that a line extending through a leading edge and a trailing edge of a turbine blade is parallel to a line extending through a leading edge and a trailing edge of a compressor blade located radially inward from the turbine blade.
A turbine wheel, comprising:
an inner hub having a central axis, an outer ring concentric with the inner hub, and an intermediate ring concentrically disposed between the inner hub and the outer ring,
a plurality of turbine blades extending between the intermediate ring and the outer ring;
the turbine blades being oriented to be driven by a stream of fluid flowing through the turbine wheel to rotate the turbine wheel in a first direction about the central axis; and
a plurality of compressor blades extending between the inner hub and the intermediate ring, each compressor blade including a leading edge and a trailing edge;
the compressor blades being oriented to propel the stream of fluid in a direction downstream of the compressor blades;
wherein the turbine blades and the compressor blades are angled such that a line extending through a leading edge and a trailing edge of a turbine blade is parallel to a line extending through a leading edge and a trailing edge of a compressor blade located radially inward from the turbine blade.
Thus, it is apparent, for the broadening aspect, that the patented application claim 4 includes features that are not in present application claim 1. Following the rationale in re Goodman, cited above, where applicant has once been granted a patent of an application containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Since the present application claim 1 is anticipated by the patented application claim 4, with respect to the broadening aspect, then present application claim 1 is obvious over patented application claim 4 with respect to the broadening aspect.
For claim 9:
Regarding the broadening aspect of the present application claims, the following comparison between the present application claims and the patented application claims highlights (see underlined features in the patented application claims) what elements have been excluded in the presentation of the present application claims.
U.S. Patent No. 12,409,945 claim 12
Present application 19/322,378 claim 9
A turbine wheel, comprising:
a plurality of turbine blades oriented to be driven by a stream of fluid flowing through the turbine wheel to rotate the turbine wheel in a first direction about a central axis of the turbine wheel; and
a plurality of compressor blades oriented to propel the fluid in a downstream direction when the turbine wheel is rotated in the first direction;
wherein the turbine blades and/or the compressor blades have an airfoil cross-sectional shape, including:
a base portion including a first surface associated with a pressure side and a second surface associated with a suction side;
an overhang portion that extends over at least a portion of the base portion; and
an elliptic portion connecting the base portion and the overhang portion adjacent a leading edge;
wherein the overhang portion is curved toward the second surface of the base portion,
wherein a free end of the overhang portion is separated from the base portion by a gap, and wherein the gap is greater than a local thickness of the overhang portion.
A turbine wheel, comprising:
a plurality of turbine blades oriented to be driven by a stream of fluid flowing through the turbine wheel to rotate the turbine wheel in a first direction about a central axis of the turbine wheel; and
a plurality of compressor blades oriented to propel the fluid in a downstream direction when the turbine wheel is rotated in the first direction;
wherein the turbine blades and/or the compressor blades have an airfoil cross-sectional shape, including:
a base portion including a first surface associated with a pressure side and a second surface associated with a suction side; and
an overhang portion that extends over at least a portion of the base portion;
wherein a free end of the overhang portion is separated from the base portion by a gap, and wherein the gap is greater than a local thickness of the overhang portion.
Thus, it is apparent, for the broadening aspect, that the patented application claim 12 includes features that are not in present application claim 9. Following the rationale in re Goodman, cited above, where applicant has once been granted a patent of an application containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Since the present application claim 9 is anticipated by the patented application claim 12, with respect to the broadening aspect, then present application claim 9 is obvious over patented application claim 12 with respect to the broadening aspect.
For dependent claim 13, the recited limitations are contained in patented application claim 13.
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 16 and 19-20 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 pre-AIA the applicant regards as the invention.
The term "substantially aligns" in claim 16 is a relative term which renders the claim indefinite. The term "substantially aligns" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, nor is it a term of art, and therefore the claim does not apprise one of ordinary skill in the art of its scope. It is unclear of the extent or degree of departure from aligns that can be considered as “substantially” aligns since a definition of “substantially” pertaining to “alignment” is not provided by the specification. Therein, the metes and bounds of the claim cannot be determined, which renders the claim indefinite.
Dependent claims are also rejected due to their dependency of a rejected independent claim.
Allowable Subject Matter
Claims 1 and 9 would be allowable if the double patenting rejections are overcome.
Regarding claim 1, the closest prior art of record is Platts (U.S. 6,807,802).
Platts discloses a turbine wheel (10, Col. 1, lines 14-15), comprising:
an inner hub (“iH", Fig. 1’ below) having a central axis (“ax”), an outer ring (“oR") concentric with the inner hub (as shown in Fig. 3, the inner hub and outer ring share the same center via the center axis), and an intermediate ring (“iM", Fig. 1’) concentrically disposed between the inner hub and the outer ring (as shown in Fig. 1’),
a plurality of turbine blades (12a, Col. 3, lines 33-35) extending between the intermediate ring (“iM") and the outer ring (“oR”, as shown in Fig. 1’);
the turbine blades being oriented to be driven by a stream of fluid flowing through the turbine wheel to rotate the turbine wheel in a first direction about the central axis (turbine blades 12a are driven by fluid through the axial turbine blades to turn rotor wheel 10, wherein the first direction is shown by clockwise arrow in Fig. 1, Col. 3, lines 33-35); and
a plurality of compressor blades (11a, Col. 3, lines 24-32) extending between the inner hub (“iH”) and the intermediate ring (“iM”, as shown in Fig. 1’);
the compressor blades being oriented to propel the stream of fluid in a direction downstream of the compressor blades (the fluid flowing from right to left is directed into the compressor fins 11a, compressed by radial compressor 11 and directed to compressor ducts 12 and into compressed fluid volute 21 (Col. 3, lines 58-67). The fluid from the compressed fluid volute 21 is then fed into the combustion chamber, ignited, and is then exhausted through the exhaust scroll 22 (Col. 4, lines 1-5), and then the pressured fluid in the turbine drive scroll 22 flows through the blades 12a (Col. 3, lines 62-64). Therein, the same fluid stream does get propelled by the compressor blades and drives the turbine blades) in a downstream direction when the turbine wheel is rotated in the first direction (as the turbine blades 12a turn the rotor 10 (Col. 3, lines 33-35), the compressor blades 11a propel (i.e., direct) and compress the fluid through ducts 12 in a downstream direction from the compressor into a compressed fluid volute 21, Col. 3, lines 55-61).
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Fig. 1’
However, Platts fails to disclose or suggest wherein the turbine blades and the compressor blades are angled such that a line extending through a leading edge and a trailing edge of a turbine blade is parallel to a line extending through a leading edge and a trailing edge of a compressor blade located radially inward from the turbine blade.
Regarding claim 9, Platts discloses a turbine wheel (10, Col. 1, lines 14-15), comprising:
a plurality of turbine blades (12a, Col. 3, lines 33-35) oriented to be driven by a stream of fluid flowing through the turbine wheel to rotate the turbine wheel in a first direction about the central axis (turbine blades 12a are driven by fluid through the axial turbine blades to turn rotor wheel 10, wherein the first direction is shown by clockwise arrow in Fig. 1, Col. 3, lines 33-35); and
a plurality of compressor blades (11a, Col. 3, lines 24-32) oriented to propel the stream of fluid in a direction downstream of the compressor blades (the fluid flowing from right to left is directed into the compressor fins 11a, compressed by radial compressor 11 and directed to compressor ducts 12 and into compressed fluid volute 21 (Col. 3, lines 58-67). The fluid from the compressed fluid volute 21 is then fed into the combustion chamber, ignited, and is then exhausted through the exhaust scroll 22 (Col. 4, lines 1-5), and then the pressured fluid in the turbine drive scroll 22 flows through the blades 12a (Col. 3, lines 62-64). Therein, the same fluid stream does get propelled by the compressor blades and drives the turbine blades) in a downstream direction when the turbine wheel is rotated in the first direction (as the turbine blades 12a turn the rotor 10 (Col. 3, lines 33-35), the compressor blades 11a propel (i.e., direct) and compress the fluid through ducts 12 in a downstream direction from the compressor into a compressed fluid volute 21, Col. 3, lines 55-61).
However, Platts does not specifically disclose wherein the turbine blades and/or the compressor blades have an airfoil cross-sectional shape, including:
a base portion including a first surface associated with a pressure side and a second surface associated with a suction side; and
an overhang portion that extends over at least a portion of the base portion;
wherein a free end of the overhang portion is separated from the base portion by a gap, and wherein the gap is greater than a local thickness of the overhang portion.
Suk et al. (US 2019/0202503 A1) discloses a blade 100 similar to the blade of the claimed invention, which comprises an overhang portion (152), a base portion (180), and elliptic portion (110). However, it would not have been obvious to one of ordinary skill in the art to incorporate the blade of Suk et al. into the rotor wheel (10) disclosed in Platts as such modification would significantly alter the functionality of the rotor wheel. For example, a substitution for the design of the turbine blades (12a) with the blade (100) in Suk et al. would not be possible because the blades (12a) have to be enclosed completely since the fluid directed from the compressor blades (11a) flows through the enclosed ducts (12) formed by the blades (12a). The blade (100) is not enclosed, and therein would disrupt the functionality of the turbine wheel disclosed in Platts. Further, replacing the compressor blades (11a) with the blades (100) disclosed in Suk et al. would not be compatible as the blade shape (100) would disrupt the airflow sent through the ducts (12) due to the overhang portion (152) of the blades (100). Therein, such modification would not be obvious to one of ordinary skill in the art and would result from improper hindsight reasoning.
Regarding claim 14, Platts discloses of a fluid accelerator (Fig. 1), comprising:
an outer housing (i.e., housing of 20 disclosed in Fig. 4) having an inlet end (i.e., shown in Fig. 3) and an outlet end (i.e., shown in Fig. 4), the outer housing defining a nozzle proximate the inlet end (i.e., volute 21 is proximate the inlet end as shown in Fig. 4).
Platts fails to disclose or suggest of an annular ring disposed proximate the inlet end of the outer housing within the nozzle, the annular ring having an airfoil cross-sectional shape with a base, overhang, and elliptic portions as recited in the claim (as stated above). Platts further fails to disclose or suggest wherein the turbine wheel disposed within the outer housing is downstream from the annular ring.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ZAMORA ALVAREZ whose telephone number is (571)272-7928. The examiner can normally be reached Monday-Friday 7:30 am- 5:00 pm EST alternating Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, COURTNEY HEINLE can be reached at (571)270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC J ZAMORA ALVAREZ/Primary Examiner, Art Unit 3745 01/12/2026