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 .
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.
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Claims 21-23 and 25-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 12,492,708 hereinafter Reference Patent. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 21 of the instant application is anticipated by Claim 1 of the Reference Patent.
Claim 22 of the instant application is anticipated by Claim 3 of the Reference Patent.
Claim 23 of the instant application is anticipated by Claim 1 of the Reference Patent.
Claim 25 of the instant application is anticipated by Claim 2 of the Reference Patent.
Claim 26 of the instant application is anticipated by Claim 2 of the Reference Patent.
Claim 27 of the instant application is anticipated by Claim 4 of the Reference Patent.
Claim 28 of the instant application is anticipated by Claim 5 of the Reference Patent.
Claim 29 of the instant application is anticipated by Claim 6 of the Reference Patent.
Claim 30 of the instant application is anticipated by Claim 7 of the Reference Patent.
Claim 31 of the instant application is anticipated by Claim 8 of the Reference Patent.
Claim 32 of the instant application is anticipated by Claim 9 of the Reference Patent.
Claim 33 of the instant application is anticipated by Claim 10 of the Reference Patent.
Claim 34 of the instant application is anticipated by Claim 11 of the Reference Patent.
Claim 35 of the instant application is anticipated by Claim 12 of the Reference Patent.
Claim 36 of the instant application is anticipated by Claim 13 of the Reference Patent.
Claim 37 of the instant application is anticipated by Claim 1 of the Reference Patent.
Claim 38 of the instant application is anticipated by Claim 2 of the Reference Patent.
Claim 39 of the instant application is anticipated by Claim 4 of the Reference Patent.
Claim 40 of the instant application is anticipated by Claim 6 of the Reference Patent.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: fan actuation system in claim 21.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 22 and 31-35 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 22 recites “the counterweight center-of-gravity is arranged at a height (H) from the height plane on the first side of the height plane, wherein H < 0.5*R”. However, claim 22 fails to define the claimed feature “R”.
Claims 31-35 are also rejected under 35 U.S.C. 112(b) by virtue of their dependency on claim 22.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 40 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 40 recites “the fan assembly according to claim 39.” However, claim 39 does not claim for a fan assembly but is rather directed to the counterweight system. For purposes of this examination, claim 40 is interpreted to recite the counterweight system according to claim 39.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
Claim(s) 21, 23-25, 27, 29, 30, 37, 39, 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Balk (U.S. Pre-Grant Publication No. 2013/0011259).
As per claim 21, Balk (U.S. Pre-Grant Publication No. 2013/0011259) discloses a fan assembly of a gas turbine, the fan assembly defining a fan assembly centerline axis, the fan assembly comprising: a counterweight system (16b, 66, 68) comprising a plurality of counterweight levers each having (i) a counterweight trunnion (16b) rotatable about a respective counterweight lever rotational axis (radial direction axis Y) extending through the counterweight trunnion-and extending radially from the fan assembly centerline axis (as shown; figure 4), and (ii) a cantilever arm (68) connected to the counterweight trunnion to rotate in unison with the counterweight trunnion (fixed to root 16b), the counterweight lever having a counterweight (66) connected thereto at an end opposite the counterweight trunnion (as shown; figure 4); and a fan actuation system (42) connected to the counterweight trunnion of each of the plurality of counterweight levers and arranged to drive rotation of each counterweight trunnion about the respective counterweight lever rotational axis (variable adjustment mechanism for adjusting pitch of blades 16, i.e., also rotating the attached counterweights 66, 68; paragraphs [0060], [0063]).
As per claim 23, Balk discloses the fan assembly according to claim 21, and further discloses a plurality of fan blades (16a) each rotatable about a respective blade pitch change axis, each fan blade being connected to the fan actuation system to drive rotation of the respective fan blade about the respective blade pitch change axis (paragraph [0060]).
As per claim 24, Balk discloses the fan assembly according to claim 23, and further discloses wherein, the fan actuation system is axially driven with respect to the fan assembly centerline axis to simultaneously drive rotation of each of the plurality of fan blades about the respective blade pitch change axis to change a pitch angle of the fan blade, and to drive rotation of each of the plurality of counterweight levers about the respective counterweight lever rotational axis to axially shift a location of the counterweight with respect to the fan assembly centerline axis (by moving linear actuator 46, the fan blade 16a is rotated about axis Y and the attached counterweight 66 would also shift its axial position; paragraph [0063]; figures 2A, 4).
As per claim 25, Balk discloses the fan assembly according to claim 21 and further discloses a spinner fairing surrounding the counterweight system and extending circumferentially about the fan assembly centerline axis, wherein a radial extent of each of the plurality of counterweight levers is defined by a circumference about the fan assembly centerline axis having a radial distance (R) extending orthogonally from the fan assembly centerline axis, the radial extent providing a clearance between an inner circumference of the spinner fairing and each of the plurality of counterweight levers (blade root 16b is able to pivot in retention ring 28 within the outer nacelle (spinner fairing), i.e., the outer nacelle inherently surrounding the counterweights 66 forming a radial clearance between the inner circumference of the nacelle and counterweight arms 68 to allow the root 16b and the attached counterweight 66 to pivot; paragraph [0056]; figures 1-4).
As per claim 27, Balk discloses the fan assembly according to claim 21, and further discloses wherein (a) the counterweight has a counterweight center-of-gravity (inherent feature of counterweight 66), and (b) a first rotational plane about the fan assembly centerline axis of the counterweight center-of-gravity of each counterweight lever is defined radially orthogonal to the fan assembly centerline axis, and, in a first rotational state of the counterweight system, each of the counterweight levers is rotationally positioned at a first rotational position about its respective counterweight lever rotational axis, such that the respective counterweight lever rotational axis and the counterweight center-of-gravity of the respective counterweight are arranged in the first rotational plane, the first rotational state defining a first axial position of the first rotational plane along a length of the fan assembly centerline axis (counterweights are aligned in a plane orthogonal to axial axis X (centerline axis) at an axial position; figures 3, 4).
As per claim 29, Balk discloses the fan assembly according to claim 27, and further discloses wherein a second rotational plane about the fan assembly centerline axis of the counterweight center-of-gravity of each counterweight lever is defined radially orthogonal to the fan assembly centerline axis and is axially shifted in a first direction along the fan assembly centerline axis from the first axial position, and, in a second rotational state of the counterweight system, each of the counterweight levers is rotationally positioned at a second rotational position about its respective counterweight lever rotational axis such that the counterweight center-of-gravity of the respective counterweight is arranged in the second rotational plane, the second rotational state defining a second axial position of the second rotational plane along the length of the fan assembly centerline axis (radial arm 54 extends in the circumferential direction and/or axial direction, i.e., as blade 16a pitches about axis Y, counterweights 66 would move to a second axial position forming a second rotational plane orthogonal to axis X; figure 4).
As per claim 30, Balk discloses the fan assembly according to claim 29, and further discloses wherein the second rotational position is rotated between eighty degrees and one hundred ten degrees about the respective counterweight lever rotational axis from the first rotational position (radial arms enables the adjustment angle of blades 16a to vary by 120 degrees, i.e., including 110 degrees; paragraph [0073]).
As per claim 37, Balk discloses a counterweight system for a fan assembly that defines a fan assembly centerline axis, the counterweight system comprising: a plurality of counterweight levers (16b, 66, 68, collectively; figure 4) each having (i) a counterweight trunnion (16b) rotatable about a respective counterweight lever rotational axis (radial direction axis Y) extending through the counterweight trunnion (as shown; figure 4)and extending radially from the fan assembly centerline axis (figure 2A), and (ii) a cantilever arm (68) connected to the counterweight trunnion to rotate in unison with the counterweight trunnion (fixed to root 16b), the counterweight lever having a counterweight (66) connected thereto at an end opposite the counterweight trunnion (as shown; figure 4).
As per claim 39, Balk discloses the counterweight system according to claim 37, and further discloses wherein (a) the counterweight has a counterweight center-of-gravity (inherent feature of counterweight 66), and (b) a first rotational plane about the fan assembly centerline axis of the counterweight center-of-gravity of each counterweight lever is defined radially orthogonal to the fan assembly centerline axis, and, in a first rotational state of the counterweight system, each of the counterweight levers is rotationally positioned at a first rotational position about its respective counterweight lever rotational axis, such that the respective counterweight lever rotational axis and the counterweight center-of-gravity of the respective counterweight are arranged in the first rotational plane, the first rotational state defining a first axial position of the first rotational plane along a length of the fan assembly centerline axis (counterweights are aligned in a plane orthogonal to axial axis X (centerline axis) at an axial position; figures 3, 4).
As per claim 40, Balk discloses the counterweight system according to claim 39, and further discloses wherein a second rotational plane about the fan assembly centerline axis of the counterweight center-of-gravity of each counterweight lever is defined radially orthogonal to the fan assembly centerline axis and is axially shifted in a first direction along the fan assembly centerline axis from the first axial position, and, in a second rotational state of the counterweight system, each of the counterweight levers is rotationally positioned at a second rotational position about its respective counterweight lever rotational axis such that the counterweight center-of-gravity of the respective counterweight is arranged in the second rotational plane, the second rotational state defining a second axial position of the second rotational plane along the length of the fan assembly centerline axis (radial arm 54 extends in the circumferential direction and/or axial direction, i.e., as blade 16a pitches about axis Y, counterweights 66 would move to a second axial position forming a second rotational plane orthogonal to axis X; figure 4).
As per claim 39,
Allowable Subject Matter
Claims 22, 26, 28, 31-36 and 38 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or the Double Patenting rejections, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 22 contains allowable subject matter for each counterweight lever, a height plane is defined extending along the fan assembly centerline axis and orthogonal to the respective counterweight lever rotational axis, the counterweight trunnion being arranged on a first side of the height plane, and the counterweight center-of-gravity is arranged at a height (H) from the height plane on the first side of the height plane, wherein H < 0.5*R.
In the closest prior art, Balk discloses the fan assembly according to claim 21 and (a) the counterweight has a counterweight center-of-gravity (inherent feature of counterweight 66).
No relevant prior art of record sufficiently teaches the allowable subject matter of claim 22 in such a way that it would have been obvious to one of ordinary skill in the art to modify the prior arts to create the claimed invention.
Claim 26 contains allowable subject matter for each one of the plurality of counterweight levers, the counterweight center-of-gravity is arranged a length (L) extending perpendicularly from the respective counterweight lever rotational axis to the counterweight center-of-gravity and satisfies a relationship: R < L > 0.5*R.
In the closest prior art, Balk discloses the fan assembly according to claim 51 and (a) the counterweight has a counterweight center-of-gravity (inherent feature of counterweight 66).
No relevant prior art of record sufficiently teaches the allowable subject matter of claim 26 in such a way that it would have been obvious to one of ordinary skill in the art to modify the prior arts to create the claimed invention.
Claim 28 contains allowable subject matter wherein, in the first rotational state, each counterweight lever is configured such that a portion of a second end of the counterweight lever overlaps circumferentially with a portion of a first end of a circumferentially spaced apart adjacent counterweight lever.
No relevant prior art of record sufficiently teaches the allowable subject matter of claim 28 in such a way that it would have been obvious to one of ordinary skill in the art to modify the prior arts to create the claimed invention.
Claims 31-36 contain allowable subject matter by virtue of their dependency on claim 22.
Claim 38 contains the same allowable subject matter of claim 26.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Seidel (U.S. Patent No. 5,257,907) teaches a counterweight assembly attached to the blade trunnion.
Beljambe (U.S. Pre-Grant Publication No. 2024/0337195) teaches a counterweight system having a counterweight hub.
Niergarth (U.S. Patent No. 9,869,190) teaches a counterweight system at a remote location from the propeller.
Daggett (U.S. Patent No. 11,795,964) teaches a levered counterweight system attached to the propeller blade root.
In a non-prior art, Vondrell (U.S. Patent No. 12,480,415) teaches a counterweight system that having axis of rotation along a plane orthogonal to the central axis of the fan.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG K KIM whose telephone number is (571)272-1324. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 pm EST.
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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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/SANG K KIM/Primary Examiner, Art Unit 3745
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