Prosecution Insights
Last updated: October 23, 2026
Application No. 19/484,758

ACTIVE FLOW CONTROL ENABLED VARIABLE AREA TURBINE VANE

Non-Final OA §102§112
Filed
Nov 14, 2025
Priority
May 16, 2023 — provisional 63/466,837 +1 more
Examiner
BROCKMAN, ELDON T
Art Unit
3799
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
The Ohio State University
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
609 granted / 716 resolved
+15.1% vs TC avg
Moderate +6% lift
Without
With
+5.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
13 currently pending
Career history
742
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
39.1%
-0.9% vs TC avg
§102
33.8%
-6.2% vs TC avg
§112
22.3%
-17.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 716 resolved cases

Office Action

§102 §112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to the claims filed 11/14/2025. Claims 1-20 are presented for examination. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/14/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 4 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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. Regarding claim 4, the claim recites the limitation "blockage port" in line 2. There is insufficient antecedent basis for this limitation in the claim. Regarding claim 5, the claim recites the limitation "the recovery port" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 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 – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McCaffrey et al. in US Patent Application 2009/0016871 (hereinafter “McCaffrey”). Regarding Claim 1, McCaffrey discloses a system (systems and methods involving variable vanes; title) comprising: a first blade (first vane 501; FIG. 5; paragraph [0026]) and a second blade (second vane 503; FIG. 5; paragraph [0026]), each of the first blade and the second blade comprising an upper surface (top surfaces of each vane as shown in FIG. 5), a lower surface spaced apart from the upper surface (bottom surfaces of each vane as shown in FIG. 5), a leading edge (left side as shown in FIG. 5), and a trailing edge (right side as shown in FIG. 5), wherein the first blade and the second blade are spaced apart to define a throat area through which a fluid can flow in a direction from the leading edge to the trailing edge (flow through throat area shown in FIG. 5 by arrow depicting flow path 502); a first active flow control port disposed on the upper surface of the first blade (ports 534 shown in FIG. 5; paragraph [0028]); and a second active flow control port disposed on the upper surface of the first blade closer to the trailing edge than the first active flow control port (ports 509 shown in FIG. 5; paragraph [0026]), wherein each of the first and second active flow control ports is configured to inject a control fluid into the throat area to vary at least one of (i) a cross-sectional area of the fluid flowing through the throat area (boundary layers 536 and 525 shown in FIG. 5 and described in paragraph [0029]) and (ii) an exit angle of the fluid as it leaves the throat area adjacent to the trailing edge. Regarding Claim 2, McCaffrey discloses the system of claim 1, wherein the first active flow control port is a blockage port configured to inject the control fluid into the throat area to reduce the cross-sectional area of the fluid flowing through the throat area (shown as boundary layer 536 in FIG. 5 and described in paragraph [0029]). Regarding Claim 3, McCaffrey discloses the system of claim 1, wherein the second active control port is a recovery port placed in close proximity to the blockage port (ports 534 and 522 shown in FIG. 5 in close proximity), the recovery port being closer to the trailing edge of the first blade than the blockage port (ports 522 shown closer to trailing edge than ports 534 in FIG. 5), wherein each of the blockage port and the recovery port is configured to inject the control fluid into the throat arca to vary the cross-sectional area of the fluid flowing through the throat area (boundary layers 536 and 525 shown in FIG. 5 and described in paragraph [0029]). Regarding claim 4, McCaffrey discloses the system of claim 1, wherein the control fluid from the blockage port separates the fluid from the first blade (flow is separated by boundary layer 513; Fig. 5). Regarding claim 5, McCaffrey discloses the system of claim 1, wherein the control fluid from the recovery port attaches the fluid back to the first blade (as claim 5 sets forth no particular structure but rather recites some resulting environmental condition, and McCaffrey discloses the same structure required of the claim, McCaffrey anticipates the claim). Regarding claim 6, McCaffrey discloses the system of claim 1, wherein the upper surface of the first blade is a suction surface of the first blade, the lower surface of the second blade is a pressure surface, and the throat area is defined by the pressure surface of the second blade and the suction surface of the first blade (Fig. 5). Regarding claim 7, McCaffrey discloses the system of claim 1, wherein the system is a turbine system and the first blade and the second blade are turbine blades (abstract). Regarding claim 8, McCaffrey discloses the system of claim 1, wherein the second active flow control port is a vortex-generating jet (the port provides a jet of air that is capable of forming a vortex in the working fluid flow). Regarding claim 9, the device of McCaffrey employs a control system (paragraph [0020]) and is capable of oscillating the control fluid exiting the second active flow control port with a first frequency in a plane substantially parallel to the upper surface of the first blade (opening and closing supply valves at a frequency). Regarding claim 10, McCaffrey discloses the system of claim 1, further comprising a third active flow control port disposed on the lower surface of the second blade opposite of the first and second active flow control ports (Fig. 5; pressure side of the airfoil). Regarding claim 11, McCaffrey discloses the system of claim 1, wherein the exit angle of the fluid as it leaves the throat area is altered by greater than 1 degree when the control fluid is dispensed from the third active flow control port (McCaffrey is capable of producing this condition based upon supply pressure and working fluid flow and thus anticipates the claim). Regarding claim 12, McCaffrey discloses the system of claim 1, further comprising a control fluid source in fluid communication with the first and second active flow control ports (paragraph [0020]-[0023]). Regarding claim 13, McCaffrey discloses the system of claim 1, wherein the first active flow control port is a plurality of first active flow control ports arranged on the upper surface of the first blade in a transverse direction along the width of the first blade that is perpendicular to the direction of the fluid flowing through the throat area (see multiple ports 534 in Fig. 5 that anticipate this language). Regarding claim 14, McCaffrey discloses the system of claim 1, wherein the second active flow control port is a plurality of second active flow control ports arranged on the upper surface of the first blade in the transverse direction (see multiple ports 509 in Fig. 5). Regarding claim 15, McCaffrey discloses the system of claim 1, wherein the second active flow control port is placed on the upper surface of the first blade directly opposite the trailing edge of the second blade (Fig. 5). Regarding claim 16, as McCaffrey is capable of achieving a blocked flow fraction of the first and second active flow control ports greater than 10%, McCaffrey anticipates claim 16. Regarding Claim 17, McCaffrey discloses a system (systems and methods involving variable vanes; title) comprising: a plurality of turbine blades arranged adjacent to each other in a device (first vane 501 and second vane 503; FIG. 5; paragraph [0026]), the plurality of turbine blades including a first blade and a second blade each comprising an upper surface (top surfaces of each vane as shown in FIG. 5), a lower surface spaced apart from the upper surface (bottom surfaces of each vane as shown in FIG. 5), a leading edge (left side as shown in FIG. 5), and a trailing edge (right side as shown in FIG. 5), wherein the first blade and the second blade are spaced apart to define a throat arca through which a fluid can flow in a direction from the leading edge to the trailing edge (flow through throat area shown in FIG. 5 by arrow depicting flow path 502); a first active flow control port disposed on the upper surface of the first blade (ports 534 shown in FIG. 5; paragraph [0028]); a first injector plenum partially defined by the first blade and in fluid communication with the first active flow control port (film-cooling chamber 532; FIG. 5; paragraph [0028]); a second active flow control port disposed on the upper surface of the first blade closer to the trailing edge than the first active flow control port (ports 509 shown in FIG. 5; paragraph [0026]); and a second injector plenum partially defined by the first blade and in fluid communication with the second active flow control port (suction side chamber 510; FIG. 5; paragraph [0028]), the second injector plenum being separate from the first injector plenum (film-cooling chamber 532 and suction side chamber 510 shown separate in FIG. 5), wherein each of the first and second active flow control ports is configured to inject a control fluid into the throat area to vary at least one of (i) a cross-sectional area of the fluid flowing through the throat arca (e.g., vary the nozzle guide vane throat arca) (boundary layers 536 and 525 shown in FIG. 5 and described in paragraph [0029]) and (ii) an exit angle of the fluid as it leaves the throat area adjacent to the trailing edge. Regarding claim 18, McCaffrey discloses the system of claim 17, wherein the first active flow control port is a plurality of first active flow control ports arranged on the upper surface of the first blade in a transverse direction along the width of the first blade that is perpendicular to the direction of the fluid flowing through the throat area (see multiple ports 534 in Fig. 5 that anticipate this language). Regarding Claim 19, McCaffrey as applied against claim 17 comprises a fluid source in fluid communication with one or more of the first injector plenum and the second injector plenum (Paragraphs [0026] and [0029] describe film-cooling chamber 532 and suction side chamber 510 shown separate in FIG. 5 receiving pressurized air. Regarding claim 20, operation of the device of McCaffrey as applied above against claims 1-19 meets all of the limitations set forth in the method of claim 20. The rejection will not be repeated verbatim so as to not unnecessarily belabor the record. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Relevant Prior Art: US8197209 discloses a gas turbine engine stator vane assembly with injection ports to vary effective throat cross-sectional size between adjacent vanes. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELDON T BROCKMAN whose telephone number is (571)270-3263. The examiner can normally be reached Mon-Fri 9am-5pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Court 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ELDON T BROCKMAN/Primary Examiner, Art Unit 3799
Read full office action

Prosecution Timeline

Nov 14, 2025
Application Filed
Aug 25, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
91%
With Interview (+5.7%)
2y 6m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 716 resolved cases by this examiner. Grant probability derived from career allowance rate.

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