Patent Application 18792042 - ROTARY AIRLOCK COMBUSTION ENGINE - Rejection

Patent Application 18792042 - ROTARY AIRLOCK COMBUSTION ENGINE

Title: ROTARY AIRLOCK COMBUSTION ENGINE

Application Information

• Invention Title: ROTARY AIRLOCK COMBUSTION ENGINE
• Application Number: 18792042
• Submission Date: 2025-05-22T00:00:00.000Z
• Effective Filing Date: 2024-08-01T00:00:00.000Z
• Filing Date: 2024-08-01T00:00:00.000Z
• Examiner Employee Number: 86994
• Art Unit: 3746
• Tech Center: 3700

Rejection Summary

• 102 Rejections: 1
• 103 Rejections: 0

Cited Patents

No patents were cited in this rejection.

Office Action Text

    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 1-3, 8, 11, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 8-9, and 12-13 of U.S. Patent No. 12,078,098 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the aforementioned claims of the patent anticipate each and every limitation of the aforementioned claims of the present application.  Specifically:
Claim 1 of the present application is anticipated by claim 1 of the patent.
Claim 2 of the present application is anticipated by claim 8 of the patent.
Claim 3 of the present application is anticipated by claim 9 of the patent.
Claim 8 of the present application is anticipated by claim 2 of the patent.
Claim 11 of the present application is anticipated by claim 3 of the patent.
Claim 15 of the present application is anticipated by claim 1 of the patent.
Claim 16 of the present application is anticipated by claim 1 of the patent.
Claim 17 of the present application is anticipated by claim 4 of the patent.
Claim 18 of the present application is anticipated by claim 12 of the patent.
Claim 19 of the present application is anticipated by claim 13 of the patent.
Claim 20 of the present application is anticipated by claim 1 of the patent.

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 4-5 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 4 recites the limitation "the leading edge portion of the at least one lobe" in line 3.  There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 4, line 3, and claim 5, line 2, “the distance between the leading edge portion of the at least one lobe” is indefinite.  “Between” is defined as the space separating two objects or regions; however, the claim only references one object/region (the leading edge portion of the at least one lobe).  It is unclear what second object or region the distance is between.

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.

Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ballinger (US 4,741,308).
Regarding claim 1, Ballinger discloses a rotary engine comprising: a housing [10] configured to receive a crankshaft [50, 52] (also see [RS1, RS2]) along a central axis of the housing [10], the housing [10] having at least one cylindrical compartment (interior of stator [10]) having an inner cylindrical surface (see inner surface of peripheral wall [14]); at least one sun wheel [30] positioned within the at least one cylindrical compartment (interior of stator [10]) and centered about the central axis, the at least one sun wheel [30] including a sun wheel circumference and at least one semicylindrical receptable [42, 44] defined along the sun wheel circumference; at least one lobe [156, 158] extending from the inner cylindrical surface (see inner surface of peripheral wall [14]) of the at least one compartment (interior of stator [10]), the at least one lobe [156, 158] configured to contact the at least one sun wheel [30] (see Figures 5, 6, 7]); and at least one planet wheel [36, 38] received in the at least one semicylindrical receptable [42, 44] of the at least one sun wheel [30], the at least one planet wheel [36, 38] configured to engage the inner cylindrical surface (see inner surface of peripheral wall [14]) of the at least one cylindrical compartment (interior of stator [10]) (see Figures 5, 6, 7), the at least one planet wheel [36, 38] including at least one indentation [46, 48] configured to be received by the at least one lobe [156, 158] (see Figure 4) when the at least one planet wheel [36, 38] rotates along the inner cylindrical surface (see inner surface of peripheral wall [14]) (col. 2 line 35 - col. 4 line 64, col. 5 lines 37-65, and Figures 1-8 and 10-12).    
Regarding claim 2, Ballinger discloses the engine of Claim 1, wherein: each of the at least one lobe [156, 158] is equally spaced (i.e., diametrically opposed) around an inner cylindrical surface circumference of the inner cylindrical surface (see inner surface of peripheral wall [14]) of the at least one compartment (interior of stator [10]) (col. 4 lines 3-5 and Figures 3-7, 10, and 12).
  Regarding claim 3, Ballinger discloses the engine of Claim 2, wherein: the inner cylindrical surface circumference is divisible by a planet wheel circumference of each of the at least one planet wheel [36, 38] (col. 4 lines 32-64 and Figures 4-7, 10, and 12).
Regarding claim 4, Ballinger discloses the engine of Claim 1, wherein: the planet wheel circumference of each of the at least one planet wheel [36, 38] is less than or equal to the distance between the leading edge portion of the at least one lobe [156, 158] (col. 4 lines 3-5, 32-64, and Figures 4-7, 10, and 12; wherein rotary piston [36, 38] circumference must be equal to the distance between leading edge portions of each lobe [156, 158] for rotary pistons [36, 38] to make one full rotation between lobes [156, 158]).  
Regarding claim 5, Ballinger discloses the engine of Claim 4, wherein: the distance between the leading edge portion of the at least one lobe [156, 158] is divisible by the planet wheel circumference of each of the at least one planet wheel [36, 38] (col. 4 lines 3-5, 32-64, and Figures 4-7, 10, and 12).    
Regarding claim 6, Ballinger discloses the engine of Claim 1, wherein: each of the at least one planet wheel [36, 38] includes a planet wheel rotational axis positioned interiorly of the sun wheel circumference (see Figure 10 which depicts rotary piston rotational axes being interior of main rotor circumference).  
Regarding claim 7, Ballinger discloses the engine of Claim 6, wherein: each of the at least one planet wheel [36, 38] is rotatably coupled to the at least one sun wheel [30] using a planet wheel axle [72, 74; 76, 78] positioned along the planet wheel rotational axis (col. 3 lines 8-31 and Figures 2-3).
Regarding claim 8, Ballinger discloses the engine of Claim 1, wherein: the inner cylindrical surface (see inner surface of peripheral wall [14]) includes a plurality of teeth (see [140]) elongated parallel to the central axis and spaced apart along an inner cylindrical circumference of the inner cylindrical surface (see inner surface of peripheral wall [14]); and the at least one planet wheel [36, 38] includes a plurality of planet wheel teeth (see [112, 114]) configured to mesh with the plurality of teeth (see [140]) of the inner cylindrical surface (see inner surface of peripheral wall [14]) when the at least one planet wheel [36, 38] rotates along the inner cylindrical surface (see inner surface of peripheral wall [14]) (col. 3 lines 32-34, 51-52, col. 3 line 66 - col. 4 line 2, and Figures 2-3).  
Regarding claim 9, Ballinger discloses the engine of Claim 1, wherein: a leading edge chamber (see chamber between pocket [48], leading edge of lobe [158] and outlet [152] in Figure 7) is defined between the at least one planet wheel [36, 38] and a leading edge portion of the at least one lobe [158] as the at least one planet wheel [36, 38] approaches the at least one lobe [158] when rotating along the inner cylindrical surface (see inner surface of peripheral wall [14]); a trailing edge chamber (see chamber between pocket [46], trailing edge of lobe [158] and inlet [150] in Figure 5) is defined between the at least one planet wheel [36, 38] and a trailing edge portion of the at least one lobe [158] as the at least one planet wheel [36, 38] departs from the at least one lobe [158] when rotating along the inner cylindrical surface (see inner surface of peripheral wall [14]); and one of air compression or exhaust (exhaust; see exhaust through outlet [152] in Figure 7) is performed by the internal combustion rotary engine in the leading edge chamber (see chamber between pocket [48], leading edge of lobe [158] and outlet [152] in Figure 7), and one of combustion or air intake (air intake; see charge [168] in Figure 5) is performed by the internal combustion rotary engine in the trailing edge chamber (see chamber between pocket [46], trailing edge of lobe [158] and inlet [150] in Figure 5) (col. 2 lines 53-55, col. 4 lines 14-64 and Figures 4-7).
Regarding claim 10, Ballinger discloses the engine of Claim 1, wherein: the at least one cylindrical compartment (interior of stator [10]) includes at least one hot compartment (interior of engine section [E2]) for performing combustion and exhaust (wherein engine section [E2] performs intake, compression, combustion, and exhaust, which includes the claimed combustion and exhaust), and further includes at least one cold compartment (interior of engine section [E1]) for performing air intake and air compression (wherein engine section [E1] performs intake, compression, combustion, and exhaust, which includes the claimed air intake and air compression), the at least one cold compartment (interior of engine section [E1]) separated from the at least one hot compartment (interior of engine section [E2]) by a divider wall (see dividing wall between [E1, E2] in Figure 11) of the housing [10] (col. 5 lines 53-65 and Figure 11; wherein “hot” and “cold” do not structurally limit the claim).  
Regarding claim 11, Ballinger discloses the engine of Claim 1, wherein: a plurality of internal combustion rotary engines [E1, E2] are sequentially couplable to the crankshaft (see [RS1, RS2]) (col. 5 lines 53-65 and Figure 11).
Regarding claim 12, Ballinger discloses the engine of Claim 1, wherein the engine comprises a power converter [30, 36, 38] utilizing steam, water, or air for power (col. 3 lines 2-7, col. 4 lines 28-64, and Figures 1-7, 10, and 12; wherein the main rotor body [30] and the rotary pistons [36, 38] utilize energy in an air/fuel mixture to rotate output element [68]).
Regarding claim 13, Ballinger discloses the engine of claim 1, further comprising more planet wheels (see [P] in Figures 10 and 12) than lobes (see [L1, L2] in Figure 10 and [L1, L2, L3, L4] in Figure 12) (col. 5 lines 37-46 and Figures 10 and 12).
Regarding claim 14, Ballinger discloses the engine of claim 13, comprising four planet wheels (see [P] in Figure 12) and three lobes (see [L1, L2, L3] in Figure 12) with the engine operable for pumping arrangements (col. 5 lines 42-46 and Figure 12).
Regarding claim 15, Ballinger discloses the engine of claim 1, comprising at least one hot side compartment (interior of engine section [E2]) and at least one cold compartment (interior of engine section [E1]) (col. 5 lines 53-65 and Figure 11; wherein “hot” and “cold” do not structurally limit the claim).  
Regarding claim 16, Ballinger discloses a rotary engine (Figure 11) comprising: a housing [10] configured to receive a crankshaft [RS1, RS2] along a central axis of the housing [10], the housing [10] including a cold side compartment (interior of engine section [E1]) separated from a hot side compartment (interior of engine section E2]) along the central axis (see col. 5 lines 53-65; wherein each engine section [E1, E2] is essentially constructed like the engine shown by Figures 1-9, therefore, hereinafter engine section [E1] components will be denoted with subscript “E1” and engine section [E2] components will be denoted with subscript “E2”), the cold side compartment (interior of engine section [E1]) including a cold side inner cylindrical surface (see inner surface of peripheral wall [14E1]) having at least one cold side lobe [156E1, 158E1] extending therefrom, the hot side compartment (interior of engine section [E2]) including a hot side inner cylindrical surface (see inner surface of peripheral wall [14E2]) having at least one hot side lobe [156E2, 158E2] extending therefrom; a cold side planetary gear set [R1] having a cold side sun wheel [30E1] centered about the central axis and at least one cold side planet wheel [36E1, 38E1] rotatably coupled to the cold side sun wheel [30E1] and sealed between the cold side sun wheel [30E1] and the cold side inner cylindrical surface (see inner surface of peripheral wall [14E1]), the cold side sun wheel [30E1] including a cold side sun wheel circumference and at least one cold side semicircular opening [42E1, 44E1] defined along the cold side sun wheel circumference and configured to at least partially receive the at least one cold side planet wheel [36E1, 38E1], the at least one cold side planet wheel [36E1, 38E1]  including at least one cold side planet wheel indentation [46E1, 48E1] configured to at least partially receive the at least one cold side lobe [156E1, 158E1] when the at least one cold side planet wheel [36E1, 38E1] rotates along the cold side inner cylindrical surface (see inner surface of peripheral wall [14E1]); and a hot side planetary gear set [R2] having a hot side sun wheel [30E2] centered about the central axis and at least one hot side planet wheel [36E2, 38E2] rotatably coupled to the hot side sun wheel [30E2] and sealed between the hot side sun wheel [30E2] and the hot side inner cylindrical surface (see inner surface of peripheral wall [14E2]), the hot side sun wheel [30E2] including a hot side sun wheel circumference and at least one hot side semicircular opening [42E2, 44E2] defined along the hot side sun wheel circumference and configured to at least partially receive the at least one hot side planet wheel [36E2, 38E2], the at least one hot side planet wheel [36E2, 38E2]  including at least one hot side planet wheel indentation [46E2, 48E2] configured to at least partially receive the at least one hot side lobe [156E2, 158E2] when the at least one hot side planet wheel [36E2, 38E2] rotates along the hot side inner cylindrical surface (see inner surface of peripheral wall [14E2]) (col. 2 line 35 - col. 4 line 64, col. 5 lines 53-65, and Figures 1-8 and 11).
Regarding claim 17, Ballinger discloses the rotary engine of Claim 16, wherein: each of the at least one cold side lobe [156E1, 158E1] is aligned with each of the at least one hot side lobe [156E2, 158E2] relative to the central axis (col. 5 lines 53-65 and Figures 4 and 11; wherein engine sections [E1, E2] are aligned).
Regarding claim 18, Ballinger discloses the rotary engine of Claim 16, wherein: an air intake chamber (see chamber between pocket [46E1], trailing edge of lobe [158E1] and inlet [150E1] in Figure 5) is defined between the at least one cold side planet wheel [36E1, 38E1] and a cold side trailing edge portion of the at least one cold side lobe [158E1] as the at least one cold side planet wheel [36E1, 38E1] departs from the at least one cold side lobe [158E1] when rotating along the cold side inner cylindrical surface (see inner surface of peripheral wall [14E1] (col. 2 lines 53-55, col. 4 lines 14-41 and Figure 5).    
Regarding claim 19, Ballinger discloses the rotary engine of Claim 16, further comprising: at least one air intake passageway [150E1] defined between an exterior surface of the housing [10] and the cold side inner cylindrical surface (see inner surface of peripheral wall [14E1]) proximate to the cold side trailing edge portion of the at least one cold side lobe [158E1] (col. 4 lines 14-21 and Figures 4-7).  
Regarding claim 20, Ballinger discloses the rotary engine of Claim 16, wherein: an air compression chamber [169E1] is defined between the at least one cold side planet wheel [36E1, 38E1] and a cold side leading edge portion of the at least one cold side lobe [156E1] as the at least one cold side planet wheel [36E1, 38E1] approaches the at least one cold side lobe [156E1] when rotating along the cold side inner cylindrical surface (see inner surface of peripheral wall [14E1]); and a combustion chamber (see combustion in pocket [48E2] of rotary piston [38E2] in Figure 5) is defined between the at least one hot side planet wheel [36E2, 38E2] and a hot side trailing edge portion of the at least one hot side lobe [156E2] as the at least one hot side planet wheel [36E2, 38E2] departs from the at least one hot side lobe [156E2] when rotating along the hot side inner cylindrical surface (see inner surface of peripheral wall [14E2]) (col. 4 lines 14-64 and Figures 4-5 and 8).

Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.  See Watkins et al. (US 6,932,047 B2) and Nardi (US 6,503,072 B2) which both disclose similar rotary engines with sun wheels, at least one lobe, and at least one planet wheel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY B. WALTER whose telephone number is (571)270-5286. The examiner can normally be reached Monday - Friday: 8:30 am - 4:30 pm.
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, Mark Laurenzi can be reached at 571-270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AUDREY B. WALTER/
Primary Examiner, Art Unit 3746