DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-20 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 12 recites the limitation “the engine longitudinal axis”. There is insufficient antecedent basis for this limitation in the claim.
Claims 13-20 depend from claim 12 and fail to remedy its deficiencies.
Clarification and/or amendment is respectfully requested.
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 1-3, 8 and 10-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12, 15 and/or 18 of Sheridan et al (US 11,608,779 B2) in view of McCune et al (US 20110130246 A1; also US 8,672,801 B2).
Although the claims are not identical, they are not patentably distinct from one another. The application claims are broader in at least one aspect and also recite additional features not claimed in the patent claims.
For claim 1:
Regarding the broadening aspect of the application claims, the following comparison between the patent claims and the application claims highlights (see underlined features in the patent claims) what elements have been excluded in the presentation of the application claims.
Patent claim 12
Application claim 1
A gas turbine engine comprising:
a fan delivering air into a core engine;
a fan drive gear system including a gear carrier and at least one ring gear, wherein the at least one ring gear is coupled to an engine case of the gas turbine engine with a compliant flexure;
a fan shaft coupling the gear carrier in the fan drive gear system to the fan; and
wherein a first bearing is forward of the fan drive gear system and supporting the fan drive gear system, and a second bearing is aft of the fan drive gear system, and supporting the fan drive gear system;
wherein the fan drive gear system includes the at least one ring gear encircling a sun gear, and includes a plurality of intermediate gears positioned between and enmeshing with the sun gear and the at least one ring gear, with the plurality of intermediate gears carried by the gear carrier, and wherein only a single bearing is along the fan shaft forward of the fan drive gear system, the single bearing being the first bearing; wherein the first bearing includes an inner race configured to rotate with the gear carrier and the second bearing includes an inner race configured to rotate with the gear carrier;
wherein the second bearing supports the fan shaft relative to a rear support of a static structure, the rear support extending inward from a forward frame of the static structure behind the fan drive gear system relative to a longitudinal axis of the core engine;
further comprising a low pressure turbine with three or more stages, wherein the fan is a single-stage fan and the fan drive gear system defines a speed reduction ratio between 2:1 and 13:1;
further comprising further comprising a low spool having a low pressure turbine and a low pressure shaft and the fan drive gear system includes the sun gear, a third bearing engaging the low pressure shaft and the fan shaft;
wherein the fan shaft is mounted to rotate with the gear carrier as a unit, and the unit engages the first bearing forward of the gear carrier and engages the second bearing aft of the gear carrier.
A gas turbine engine comprising:
propulsor means for providing propulsion;
first compression means for compressing airflow from the propulsor means;
second compression means for compressing airflow from the first compression means;
reduction means for reducing a rotational speed of an output that drives the propulsor
means relative to an input, wherein the reduction means defines a speed reduction ratio;
first expansion means for driving the second compression means in response to
expanding airflow from the second compression means;
second expansion means for driving the input of the reduction means in response to
expanding airflow from the first expansion means;
a drive shaft interconnecting the second expansion means and the propulsor means;
wherein the reduction means is straddle mounted by a first bearing forward of the
reduction means and a second bearing aft of the reduction means relative to an engine
longitudinal axis;
wherein the reduction means is coupled to an engine case with a compliant flexure
at a position between the first bearing and the second bearing relative to the engine longitudinal axis; and
wherein the second bearing supports an aft portion of the drive shaft relative to a rear
support of a static structure, and the rear support extends radially inward from a forward frame of the static structure at a position that is aft of the reduction means relative to the engine longitudinal axis.
Thus, it is apparent, for the broadening aspect, that patent claim 12 includes features that are not in application claim 1. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent 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 application claim 1 is anticipated by patent claim 12, with respect to the broadening aspect, then application claim 1 is obvious over patent claim 12 with respect to the broadening aspect.
With respect to the additional features recited in application claim 1, patent claim 12 fails to recite first compression means for compressing airflow from the propulsor means; second compression means for compressing airflow from the first compression means; the first expansion means for driving the second compression means in response to expanding airflow from the second compression means; second expansion means for driving the input of the reduction means in response to expanding airflow from the first expansion means. However, McCune et al teach a gas turbine engine comprising a drive gear system (Fig.1/2, 30), propulsor means (this element is interpreted under 35 U.S.C. 112(f) as a fan to accomplish the claimed function, and equivalents thereof. McCune teaches 32); first compression means (this element is interpreted under 35 U.S.C. 112(f) as a low pressure compressor to accomplish the claimed function, and equivalents thereof. McCune teaches 18) for compressing airflow from the propulsor means; second compression means (this element is interpreted under 35 U.S.C. 112(f) as a high pressure compressor to accomplish the claimed function, and equivalents thereof. McCune teaches 24) for compressing airflow from the first compression means; the first expansion means (this element is interpreted under 35 U.S.C. 112(f) as a high pressure turbine to accomplish the claimed function, and equivalents thereof. McCune teaches 26) for driving the second compression means in response to expanding airflow from the second compression means; second expansion means (this element is interpreted under 35 U.S.C. 112(f) as a low pressure turbine to accomplish the claimed function, and equivalents thereof. McCune teaches 20) for driving the input of the reduction means in response to expanding airflow from the first expansion means. Since the patent claim recites a gas turbine engine and McCune et al teach first compression means for compressing airflow from the propulsor means; second compression means for compressing airflow from the first compression means; the first expansion means for driving the second compression means in response to expanding airflow from the second compression means; second expansion means for driving the input of the reduction means in response to expanding airflow from the first expansion means as part of a well-known gas turbine engine with a fan drive gear system, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the gas turbine engine in the patent claims by having first compression means for compressing airflow from the propulsor means; second compression means for compressing airflow from the first compression means; the first expansion means for driving the second compression means in response to expanding airflow from the second compression means; second expansion means for driving the input of the reduction means in response to expanding airflow from the first expansion means as taught by McCune et al for the purpose of compressing air with compression means and extracting energy via expansion means in a gas turbine engine in order to drive the gas turbine engine and generate propulsion/thrust.
For dependent claims 2, 3 and 8, the recited limitations are contained in patent claims 12, 12 and McCune (Fig.1, 20), respectively.
For claim 10:
Regarding the broadening aspect of the application claims, the following comparison between the patent claims and the application claims highlights (see underlined features in the patent claims) what elements have been excluded in the presentation of the application claims.
Patent claim 15
Application claim 10
A gas turbine engine comprising:
a fan including a plurality of fan blades;
a fan drive gear system including a sun gear encircled by at least one ring gear, a plurality of intermediate gears positioned between and enmeshing with the sun gear and the at least one ring gear, with the plurality of intermediate gears carried by a gear carrier;
a fan shaft coupling the fan drive gear system to the fan;
a low spool extending along a longitudinal axis, the low spool including a low pressure turbine driving the fan drive gear system through a low shaft and the low shaft has a flexible forward portion; a core spool including a high pressure turbine driving a high pressure compressor through a core shaft;
a first bearing configured to rotate with the gear carrier; a second bearing located on an opposite axial side of the fan drive gear system from the first bearing; and
a case with the fan drive gear system coupled to the case via a compliant flexure;
wherein the fan shaft is mounted to rotate with the gear carrier as a unit, the unit engages the first bearing axially forward of the gear carrier and engages the second bearing axially aft of the gear carrier with respect to the longitudinal axis, the low pressure turbine has three or more stages, the high pressure turbine has two stages, and the fan drive gear system defines a speed reduction ratio between 2:1 and 13:1.
a third bearing engaging the low shaft and the fan shaft;
A gas turbine engine comprising:
propulsor means for providing propulsion;
first compression means for compressing airflow from the propulsor means;
reduction means for reducing a rotational speed of an output that drives the propulsor
means relative to an input;
a drive shaft interconnecting the second expansion means and the propulsor means;
first expansion means for driving the second compression means in response to expanding airflow from second compression means for compressing airflow from the first compression means; second expansion means for driving the input of the reduction means in response to expanding airflow from the first expansion means; and
wherein the reduction means is straddle mounted by a first bearing forward of the
reduction means and a second bearing aft of the reduction means relative to an engine
longitudinal axis;
wherein the reduction means is coupled to an engine case with a compliant flexure
at a position between the first bearing and the second bearing relative to the engine longitudinal axis; and
wherein a third bearing is situated between an aft portion of the drive shaft and a second
shaft that interconnects the input of the reduction means and the second expansion means.
Note: the order of various limitations has been altered for purposes of claims comparison.
Thus, it is apparent, for the broadening aspect, that patent claim 15 includes features that are not in application claim 10. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent 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 application claim 10 is anticipated by patent claim 15, with respect to the broadening aspect, then application claim 10 is obvious over patent claim 15 with respect to the broadening aspect.
With respect to the additional features recited in application claim 10, patent claim 15 fails to recite first compression means for compressing airflow from the propulsor means. However, McCune et al teach a gas turbine engine comprising a drive gear system (Fig.1/2, 30), first compression means (this element is interpreted under 35 U.S.C. 112(f) as a low pressure compressor to accomplish the claimed function, and equivalents thereof. McCune teaches 18) for compressing airflow from the propulsor means. Since the patent claim recites a gas turbine engine and McCune et al teach first compression means for compressing airflow from the propulsor means as part of a well-known gas turbine engine with a fan drive gear system, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the gas turbine engine in the patent claims by having first compression means for compressing airflow from the propulsor means as part of a well-known gas turbine engine with a fan drive gear system as taught by McCune et al for the purpose of compressing air with compression means and extracting energy via expansion means in a gas turbine engine in order to drive the gas turbine engine and generate propulsion/thrust.
For dependent claim 11, the recited limitations are contained in patent claim 18.
For claim 12:
Regarding the broadening aspect of the application claims, the following comparison between the patent claims and the application claims highlights (see underlined features in the patent claims) what elements have been excluded in the presentation of the application claims.
Patent claim 15
Application claim 12
A gas turbine engine comprising:
a fan including a plurality of fan blades;
a fan drive gear system including a sun gear encircled by at least one ring gear, a plurality of intermediate gears positioned between and enmeshing with the sun gear and the at least one ring gear, with the plurality of intermediate gears carried by a gear carrier;
a fan shaft coupling the fan drive gear system to the fan;
a low spool extending along a longitudinal axis, the low spool including a low pressure turbine driving the fan drive gear system through a low shaft and the low shaft has a flexible forward portion; a core spool including a high pressure turbine driving a high pressure compressor through a core shaft;
a first bearing configured to rotate with the gear carrier; a second bearing located on an opposite axial side of the fan drive gear system from the first bearing; and
a case with the fan drive gear system coupled to the case via a compliant flexure;
a third bearing engaging the low shaft and the fan shaft;
wherein the fan shaft is mounted to rotate with the gear carrier as a unit, the unit engages the first bearing axially forward of the gear carrier and engages the second bearing axially aft of the gear carrier with respect to the longitudinal axis, the low pressure turbine has three or more stages, the high pressure turbine has two stages, and the fan drive gear system defines a speed reduction ratio between 2:1 and 13:1.
A gas turbine engine comprising:
propulsor means for providing propulsion;
first compression means for compressing airflow from the propulsor means;
reduction means for reducing a rotational speed of an output that drives the propulsor
means relative to an input;
a drive shaft interconnecting the second expansion means and the propulsor means;
second expansion means for driving the input of the reduction means in response to
expanding airflow from the first expansion means; first expansion means for driving second compression means in response to
expanding airflow from the second compression means for compressing airflow from the first compression means; a first shaft interconnecting the first expansion means and the second compression
means; a second shaft interconnecting the second expansion means and the input of the
reduction means, wherein the second shaft includes a flexible forward portion;
a first bearing and a second bearing configured to rotate with a gear carrier of the
reduction means, wherein the first and second bearings are located on opposite axial sides of
the reduction means relative to the engine longitudinal axis; and
a compliant flexure that couples the reduction means to an engine case;
a third bearing engaging the second shaft and the drive shaft;
wherein the drive shaft is mounted to rotate with the gear carrier as a unit, the unit
engages the first bearing axially forward of the gear carrier and engages the second bearing
axially aft of the gear carrier with respect to the engine longitudinal axis.
Note: the order of various limitations has been altered for purposes of claims comparison.
Thus, it is apparent, for the broadening aspect, that patent claim 15 includes features that are not in application claim 12. Following the rationale in In re Goodman, cited above, where applicant has once been granted a patent 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 application claim 12 is anticipated by patent claim 15, with respect to the broadening aspect, then application claim 12 is obvious over patent claim 15 with respect to the broadening aspect.
With respect to the additional features recited in application claim 12, patent claim 15 fails to recite first compression means for compressing airflow from the propulsor means. However, McCune et al teach a gas turbine engine comprising a drive gear system (Fig.1/2, 30), first compression means (this element is interpreted under 35 U.S.C. 112(f) as a low pressure compressor to accomplish the claimed function, and equivalents thereof. McCune teaches 18) for compressing airflow from the propulsor means. Since the patent claim recites a gas turbine engine and McCune et al teach first compression means for compressing airflow from the propulsor means as part of a well-known gas turbine engine with a fan drive gear system, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the gas turbine engine in the patent claims by having first compression means for compressing airflow from the propulsor means as part of a well-known gas turbine engine with a fan drive gear system as taught by McCune et al for the purpose of compressing air with compression means and extracting energy via expansion means in a gas turbine engine in order to drive the gas turbine engine and generate propulsion/thrust.
For dependent claims 13 and 14, the recited limitations are contained in patent claims 15 and 15, respectively.
Allowable Subject Matter
Claim 1-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and double patenting, where applicable, set forth in this Office action and/or to include all of the limitations of the base claim and any intervening claims, as applicable to dependent claims.
The following is a statement of reasons for the indication of allowable subject matter.
The following claim limitations were not found in the prior art:
wherein the reduction means is straddle mounted by a first bearing forward of the reduction means and a second bearing aft of the reduction means relative to an engine longitudinal axis … wherein the second bearing supports an aft portion of the drive shaft relative to a rear support of a static structure, and the rear support extends radially inward from a forward frame of the static structure at a position that is aft of the reduction means relative to the engine longitudinal axis (as in the context of claim 1).
The closest prior art reference (McCune) does not disclose the fan shaft extending in a rearward direction from the fan drive gear system thereby allowing the second bearing to support the fan shaft.
No other prior art reference was found that would anticipate or allow establishing a prima facie case of obviousness in view of the cited prior art above.
wherein a third bearing is situated between an aft portion of the drive shaft and a second shaft that interconnects the input of the reduction means and the second expansion means, and/or a third bearing engaging the second shaft and the drive shaft (as in the context of claim 10 and claim 12, respectively).
Said third bearing configuration is not disclosed by McCune and a potential modification to arrive at said configuration could render the overall configuration inoperable.
No other prior art reference was found that would anticipate or allow establishing a prima facie case of obviousness in view of the cited prior art above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN G FLORES whose telephone number is (571)272-3486. The examiner can normally be reached Monday - Friday, 8:30am - 5:30pm Pacific Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan E Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUAN G FLORES/Primary Examiner, Art Unit 3745
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