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 without traverse of Species II (Figure 6), claims 1-20 in the reply filed on 07/17/2026 is acknowledged.
Claims 1-20 are examined.
Claim Objections
Claim 5 is objected to because of the following informalities:
Regarding Claim 5:
The recitation “the overflow drain is positioned substantially at a top of the one or more water storage devices” (ll. 1-2) is believed to be in error for – the overflow drain is positioned substantially at a top end of the one or more water storage devices –.
Appropriate correction is required.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 3 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 4 of prior U.S. Patent No. 12,523,176. This is a statutory double patenting rejection. Details of claims are listed below:
Instant Application
19438921
Patent
12,523,176
1. A gas turbine engine comprising:
a fan shaft coupled to a fan;
a combustor positioned in a core air flowpath that combusts compressed air and fuel to generate combustion gases;
a turbine positioned downstream of the combustor to receive the combustion gases and to rotate the turbine, the turbine having a core shaft being drivingly coupled to the fan shaft to rotate the fan;
a steam system that extracts water from the combustion gases, vaporizes the water to generate steam, and injects the steam into the core air flowpath, the steam system comprising one or more water storage devices that store the water therein prior to the water vaporizing to generate the steam, the one or more water storage devices including an adjustable diaphragm that moves up or moves down to adjust a maximum water level in the one or more water storage devices; and
a gearbox assembly comprising:
a gearbox, the fan shaft being drivingly coupled to the core shaft through the gearbox, the gearbox having a gearbox volume defined by an outer diameter of the gearbox and a gearbox length of the gearbox; and
a gutter for collecting a gearbox lubricant scavenge flow from the gearbox, the gutter having a gutter volume defined by an inner surface of a gutter wall of the gutter and being characterized by a lubricant extraction volume ratio between 0.01 and 0.3, inclusive of the endpoints, for a maximum gearbox power greater than 35 kHP and less than or equal to 90 kHP, and the lubrication extraction volume ratio is between 0.03 to 0.3, inclusive of the endpoints, for a maximum gearbox power less than 35 kHP, the lubricant extraction volume ratio defined by:
V
G
V
G
B
,
wherein VG is the gutter volume of the gutter and VGB is the gearbox volume.
1. A gas turbine engine comprising:
a fan shaft coupled to a fan;
a combustor positioned in a core air flowpath that combusts compressed air and fuel to generate combustion gases;
a turbine positioned downstream of the combustor to receive the combustion gases and to rotate the turbine, the turbine having a core shaft being drivingly coupled to the fan shaft to rotate the fan;
a steam system that extracts water from the combustion gases, vaporizes the water to generate steam, and injects the steam into the core air flowpath, the steam system comprising one or more water storage devices that store the water therein prior to the water vaporizing to generate the steam, the one or more water storage devices including a first state in which the one or more water storage devices increase or maintain a level of the water in the one or more water storage devices as the water flows through the one or more water storage devices, and a second state in which the one or more water storage devices decrease the level of the water in the one or more water storage devices as the water flows through the one or more water storage devices; and
a gearbox assembly comprising:
a gearbox, the fan shaft being drivingly coupled to the core shaft through the gearbox, the gearbox having a gearbox volume defined by an outer diameter of the gearbox and a gearbox length of the gearbox; and
a gutter for collecting a gearbox lubricant scavenge flow from the gearbox, the gutter having a gutter volume defined by an inner surface of a gutter wall of the gutter and being characterized by a lubricant extraction volume ratio between 0.01 and 0.3, inclusive of the endpoints, for a maximum gearbox power greater than 35 kHP and less than or equal to 90 kHP, and the lubrication extraction volume ratio is between 0.03 to 0.3, inclusive of the endpoints, for a maximum gearbox power less than 35 kHP, the lubricant extraction volume ratio defined by:
V
G
V
G
B
,
wherein VG is the gutter volume of the gutter and VGB is the gearbox volume.
2. The gas turbine engine of claim 1, wherein the one or more water storage devices have a first state in which the one or more water storage devices increase or maintain a level of the water in the one or more water storage devices as the water flows through the one or more water storage devices.
3. The gas turbine engine of claim 2, wherein the one or more water storage devices have a second state in which the one or more water storage devices decrease the level of the water in the one or more water storage devices as the water flows through the one or more water storage devices.
4. The gas turbine engine of claim 1, wherein the one or more water storage devices include an adjustable diaphragm that moves up or moves down to adjust a maximum water level in the one or more water storage devices.
Table 1.
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 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 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,523,176.
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,523,176.
Claims 6-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-17 of U.S. Patent No. 12,523,176.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2, 4, and 6-17 of this instant application are anticipated by claims 4, 5, and 6-17, respectively, of U.S. Patent No. 12,523,176 since the referenced U.S. Patent No. 12,523,176 and the instant application are claiming common subject matter and are filed by a common applicant (35 U.S.C. 118). Details of claims are listed below:
Instant Application
19438921
Patent
12,523,176
1. A gas turbine engine comprising:
a fan shaft coupled to a fan;
a combustor positioned in a core air flowpath that combusts compressed air and fuel to generate combustion gases;
a turbine positioned downstream of the combustor to receive the combustion gases and to rotate the turbine, the turbine having a core shaft being drivingly coupled to the fan shaft to rotate the fan;
a steam system that extracts water from the combustion gases, vaporizes the water to generate steam, and injects the steam into the core air flowpath, the steam system comprising one or more water storage devices that store the water therein prior to the water vaporizing to generate the steam, the one or more water storage devices including an adjustable diaphragm that moves up or moves down to adjust a maximum water level in the one or more water storage devices; and
a gearbox assembly comprising:
a gearbox, the fan shaft being drivingly coupled to the core shaft through the gearbox, the gearbox having a gearbox volume defined by an outer diameter of the gearbox and a gearbox length of the gearbox; and
a gutter for collecting a gearbox lubricant scavenge flow from the gearbox, the gutter having a gutter volume defined by an inner surface of a gutter wall of the gutter and being characterized by a lubricant extraction volume ratio between 0.01 and 0.3, inclusive of the endpoints, for a maximum gearbox power greater than 35 kHP and less than or equal to 90 kHP, and the lubrication extraction volume ratio is between 0.03 to 0.3, inclusive of the endpoints, for a maximum gearbox power less than 35 kHP, the lubricant extraction volume ratio defined by:
V
G
V
G
B
,
wherein VG is the gutter volume of the gutter and VGB is the gearbox volume.
1. A gas turbine engine comprising:
a fan shaft coupled to a fan;
a combustor positioned in a core air flowpath that combusts compressed air and fuel to generate combustion gases;
a turbine positioned downstream of the combustor to receive the combustion gases and to rotate the turbine, the turbine having a core shaft being drivingly coupled to the fan shaft to rotate the fan;
a steam system that extracts water from the combustion gases, vaporizes the water to generate steam, and injects the steam into the core air flowpath, the steam system comprising one or more water storage devices that store the water therein prior to the water vaporizing to generate the steam, the one or more water storage devices including a first state in which the one or more water storage devices increase or maintain a level of the water in the one or more water storage devices as the water flows through the one or more water storage devices, and a second state in which the one or more water storage devices decrease the level of the water in the one or more water storage devices as the water flows through the one or more water storage devices; and
a gearbox assembly comprising:
a gearbox, the fan shaft being drivingly coupled to the core shaft through the gearbox, the gearbox having a gearbox volume defined by an outer diameter of the gearbox and a gearbox length of the gearbox; and
a gutter for collecting a gearbox lubricant scavenge flow from the gearbox, the gutter having a gutter volume defined by an inner surface of a gutter wall of the gutter and being characterized by a lubricant extraction volume ratio between 0.01 and 0.3, inclusive of the endpoints, for a maximum gearbox power greater than 35 kHP and less than or equal to 90 kHP, and the lubrication extraction volume ratio is between 0.03 to 0.3, inclusive of the endpoints, for a maximum gearbox power less than 35 kHP, the lubricant extraction volume ratio defined by:
V
G
V
G
B
,
wherein VG is the gutter volume of the gutter and VGB is the gearbox volume.
2. The gas turbine engine of claim 1, wherein the one or more water storage devices have a first state in which the one or more water storage devices increase or maintain a level of the water in the one or more water storage devices as the water flows through the one or more water storage devices.
4. The gas turbine engine of claim 1, wherein the one or more water storage devices include an adjustable diaphragm that moves up or moves down to adjust a maximum water level in the one or more water storage devices.
4. The gas turbine engine of claim 1, wherein the one or more water storage devices include an overflow drain such that the water fills to the overflow drain and drains from the one or more water storage devices through the overflow drain to maintain the level of the water at a maximum water level.
5. The gas turbine engine of claim 1, wherein the one or more water storage devices include an overflow drain such that the water fills to the overflow drain and drains from the one or more water storage devices through the overflow drain to maintain the level of the water at a maximum water level during the first state of the one or more water storage devices.
6. The gas turbine engine of claim 4, further comprising a fan bypass nozzle and one or more core exhaust nozzles, wherein the overflow drain is in fluid communication with at least one of the fan bypass nozzle or the one or more core exhaust nozzles such that the water drains from the one or more water storage devices through the at least one of the fan bypass nozzle or the one or more core exhaust nozzles and out of the turbine engine.
6. The gas turbine engine of claim 5, further comprising a fan bypass nozzle and one or more core exhaust nozzles, wherein the overflow drain is in fluid communication with at least one of the fan bypass nozzle or the one or more core exhaust nozzles such that the water drains from the one or more water storage devices through the at least one of the fan bypass nozzle or the one or more core exhaust nozzles and out of the turbine engine.
7. The gas turbine engine of claim 1, wherein the steam system further comprises one or more drain valves that open during a shutdown of the gas turbine engine to drain the water from the steam system during the shutdown.
7. The gas turbine engine of claim 1, wherein the steam system further comprises one or more drain valves that open during a shutdown of the gas turbine engine to drain the water from the steam system during the shutdown.
8. The gas turbine engine of claim 7, wherein the steam system further comprises one or more vents that open during the shutdown of the gas turbine engine to vent the steam system as the water drains through the one or more drain valves during the shutdown.
8. The gas turbine engine of claim 7, wherein the steam system further comprises one or more vents that open during the shutdown of the gas turbine engine to vent the steam system as the water drains through the one or more drain valves during the shutdown.
9. The gas turbine engine of claim 1, wherein the steam system comprises a condenser that condenses the water from the combustion gases and a boiler that vaporizes the water to generate the steam, the water flowing from the condenser to the one or more water storage devices and from the one or more water storage devices to the boiler.
9. The gas turbine engine of claim 1, wherein the steam system comprises a condenser that condenses the water from the combustion gases and a boiler that vaporizes the water to generate the steam, the water flowing from the condenser to the one or more water storage devices and from the one or more water storage devices to the boiler.
10. The gas turbine engine of claim 9, wherein the boiler is in fluid communication with the core air flowpath such that the combustion gases flow through the boiler and vaporize the water to generate the steam.
10. The gas turbine engine of claim 9, wherein the boiler is in fluid communication with the core air flowpath such that the combustion gases flow through the boiler and vaporize the water to generate the steam.
11. The gas turbine engine of claim 9, further comprising a water separator positioned downstream of the condenser, the water separator separating the water from the combustion gases.
11. The gas turbine engine of claim 9, further comprising a water separator positioned downstream of the condenser, the water separator separating the water from the combustion gases.
12. The gas turbine engine of claim 9, further comprising a water pump in fluid communication with the one or more water storage devices and with the boiler to induce the flow of the water from the one or more water storage devices to the boiler.
12. The gas turbine engine of claim 9, further comprising a water pump in fluid communication with the one or more water storage devices and with the boiler to induce the flow of the water from the one or more water storage devices to the boiler.
13. The gas turbine engine of claim 9, wherein the steam system further includes a steam turbine that receives the steam to rotate the steam turbine, the steam turbine being drivingly coupled to the core shaft to rotate the core shaft when the steam turbine rotates.
13. The gas turbine engine of claim 9, wherein the steam system further includes a steam turbine that receives the steam to rotate the steam turbine, the steam turbine being drivingly coupled to the core shaft to rotate the core shaft when the steam turbine rotates.
14. The gas turbine engine of claim 13, wherein the steam turbine receives the steam from the boiler.
14. The gas turbine engine of claim 13, wherein the steam turbine receives the steam from the boiler.
15. The gas turbine engine of claim 9, further comprising a bypass airflow passage, wherein bypass air flows through the bypass airflow passage and core air flows through the core air flowpath, the condenser being positioned downstream of the boiler and in the bypass airflow passage for the bypass air to cool the combustion gases and to condense the water from the combustion gases.
15. The gas turbine engine of claim 9, further comprising a bypass airflow passage, wherein bypass air flows through the bypass airflow passage and core air flows through the core air flowpath, the condenser being positioned downstream of the boiler and in the bypass airflow passage for the bypass air to cool the combustion gases and to condense the water from the combustion gases.
16. The gas turbine engine of claim 15, wherein the one or more water storage devices are positioned downstream of the condenser to receive the water from the condenser and to supply the water to the boiler.
16. The gas turbine engine of claim 15, wherein the one or more water storage devices are positioned downstream of the condenser to receive the water from the condenser and to supply the water to the boiler.
17. The gas turbine engine of claim 15, wherein a bypass ratio of the bypass air to the core air is in a range of 18:1 to 100:1.
17. The gas turbine engine of claim 15, wherein a bypass ratio of the bypass air to the core air is in a range of 18:1 to 100:1.
Table 2.
Allowable Subject Matter
Claims 1-2 are allowed pending the resolution of the Double Patenting rejections of claims 1-2.
Claims 18-20 are allowed.
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Prior art does not teach or fairly suggest, either by itself or in combinations with other prior art, the combination with the other limitations of the independent claims 1 and 18, the recitation “the one or more water storage devices including an adjustable diaphragm that moves up or moves down to adjust a maximum water level in the one or more water storage devices, … a gutter volume defined by an inner surface of a gutter wall of the gutter and being characterized by a lubricant extraction volume ratio between 0.01 and 0.3, inclusive of the endpoints, for a maximum gearbox power greater than 35 kHP and less than or equal to 90 kHP, and the lubrication extraction volume ratio is between 0.03 to 0.3, inclusive of the endpoints, for a maximum gearbox power less than 35 kHP”, disclosed in the specification, [0087 and 0132-0135], and Fig. 6.
Prior art does not teach or fairly suggest, either by itself or in combinations with other prior art, the combination with the other limitations of dependent claim 5, the recitation “the overflow drain is positioned substantially at a top end of the one or more water storage devices.” (claim 5 as recited in the claim objection, seen above), disclosed in the specification, [0066], and Fig. 6.
IDS prior art of Alahyari 11920515 teaches (in Col. 3, ll. 30-48; Col. 4, ll. 1-37; Fig. 1) gas turbine engine 20 with a fan shaft 68 coupled to a fan 22, a steam system 70,78 that extracts water and vaporizes the water to generate steam, and injects the steam into the core air flowpath, and a gear boxy assembly 40.
IDS prior art of Portlock 8215454 teaches (in col.2 ll.33-34; Fig. 1) a gearbox 10,14,18 with the gearbox having a gearbox volume defined by an outer diameter of the gearbox and a gearbox length of the gearbox and a gutter for collecting a gearbox lubricant scavenge flow from the gearbox, the gutter having a gutter volume defined by an inner surface of a gutter wall of the gutter and being characterized by a lubricant extraction volume ratio between 0.01 and 0.3, inclusive of the endpoints, the lubricant extraction volume ratio defined by:
V
G
V
G
B
, wherein VG is the gutter volume of the gutter and VGB is the gearbox volume, and further teaches (in col.1 ll.29-58) various details of the gearbox lubrication system to facilitate both normal and emergency operation.
IDS prior art of Fong 8516809 teaches (in Col. 87, ll. 15-31; Fig. 50A) a water storage device 5030 as part of system for use in an aircraft, the water storage device 5030 includes an overflow drain such that the water fills to the overflow drain and drains from the water storage device 5030 through the overflow drain to maintain the level of the water at a maximum water level. However, in Fig. 50A, the drain is arranged at the bottom of the water storage device 5030 and not on top. Prior art of Fong is silent on where the overflow drain is arranged. However, in Fig. 50A, the overflow drain is shown as being located at the bottom of the water storage device 5030 and not on top.
IDS prior art of Brenize 2016/0289575 teaches (in [0057, 0068; 0110]; Fig. 3) a water tank 10 with a vent 18, 15 connected to the water tank 10 providing the adjustment of air pressure inside the water tank 10.
IDS prior art of Mulvany 2479766 teaches (in Col. 14, ll. 20-36; Fig. 13) a water separator 310 positioned downstream of the condenser 308, the water separator 310 for separating the water from the gases.
IDS prior art of Kracum 2021/0189904 teaches (in [0031]) a bypass ratio of the bypass air to the core air is in a range of 18:1 to 100:1.
Prior art of Yuri 2009/0107128 (in [0032, 0046]; Fig.1) a water tank 23 with overflow drain 28, 23a and a drain valve 37. The overflow drain 28, 23a is located at a top end of the water tank 23.and a drain valve 37 used for releasing hot water from the tank and into the exterior to keep the temperature of the hot water inside the water tank 23 below a predetermined temperature value. However, the overflow drain 28, 23a is not used for maintaining the water level in the tank at a certain water level.
Prior art of Alahyari, Portlock, Fong, Brenize, Mulvany, Kracum, and Yuri does not teach, either by itself or in combination with other prior art, and in combination with the other limitations of the independent claims 1 and 18, and of the dependent claim 5, the recitations recited above.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/JACEK LISOWSKI/Examiner, Art Unit 3741
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